In the most recent decision, People v. Kronemyer (1987) 189 Cal. His appeal is automatic. (People v. Hill (1967) 66 Cal. 2. 546.) Rptr. 626] [torture-murder special circumstance does not require proof of causation] [48 Cal. 3d 301 [104 Cal. 1 Follower ), FN 12. 4 Dryburgh further testified that defendant told him of kidnapping and killing two girls on one occasion, but incorrectly identified Schaefer as one of the two. App. He didn't say that he couldn't do it." On one occasion defendant committed a crime and was returned to custody the day of his release. Lamp's skull showed the effect of the hammer blows. (46 Cal.3d at p. (Rogers, at p. Sunland, Los Angeles County, California, USA. 534, 547 [246 P. 62], which appeared to find improper limitation on voir dire reversible per se. At defendant's request, Lambert drew a picture of a girl on the cell wall. Drag images here or select from your computer for Shirley Lynette Ledford memorial. Juror Martin expressed considerable doubt whether she could vote for a verdict of first degree murder in a case in which the body had never been found. Perhaps so; one can argue that evidence that a defendant has been in jail most of his life and has an antisocial personality disorder is not likely to sway a jury in his favor. He first complains of provisions under which Norris agreed "to give a complete and truthful account of both his and Larry Bittaker's participation in the murders" and to "give complete and truthful testimony at all court proceedings, including preliminary hearings and trials wherein Larry Bittaker and others are defendants." The judge then announced that, although he was satisfied with his rulings on challenges for cause, "I have decided to give you two additional peremptories in addition to the 26 based on an abundance of caution." 328-329 [86 L.Ed.2d at p. Defendant argues that by offering the prosecutor a chance to respond to the motion, the court in effect found that defense counsel had made a prima [48 Cal. 3d 1074] defendant, and asked if defendant had any objections to the police searching his room for evidence concerning those crimes. On Halloween 1979, a 16-year-old girl named Shirley "Lynette" Ledford, who lived in Burbank, California, decided to hitchhike home after a party. If you take somebody's life, willfully take somebody's life, that you give up your own." In 1979 the pair took the lives of Lucinda Lynn Schaefer, 16, Andrea Joy Hall, 18, Jacqueline Doris Gilliam, 15; Jacqueline Leah Lamp, 13, and Shirley Lynette Ledford, 16. The trial court continued the hearing until the following Monday when defendant could be present. Defendant then drove into the mountains, driving beyond the site of the other two murders. We do not so interpret the judge's ruling. Defense counsel asked if "what you're telling us is that because of what you have read, you have preconceived notions which would be most difficult if not impossible to put out of your mind?" (See People v. Harrison (1910) 13 Cal. She also spontaneously stated that she believed that a person is innocent until proven guilty. (Ibid.) The court, however, failed to instruct the jury at the penalty phase that before it could consider these crimes as aggravating factors, they must find beyond a reasonable doubt that defendant committed the crimes. 3d 180, 189 [198 Cal. It dismissed five additional jurors, bringing its total to twenty-six, but did not utilize the two extra challenges given it by the judge. Lamp recovered consciousness and attempted to escape, but defendant caught her and forced her back into the van. Defendant presumably could have given the court or counsel any information he had at that time. ), FN 20. (See People v. Haskett (1982) 30 Cal. Norris got out and pretended to be repairing it. In Ketchel (which was tried before Witherspoon v. Illinois (1968) 391 U.S. 510 [20 L. Ed. He argues that the testimony was improper under Evidence Code section 730 because defendant did not put his mental state in issue. The conference at which the court made its ruling was unreported. Norris described the other photographs, which showed Hall nude in various poses. A while later Norris returned alone, and told defendant that Hall could find her own way home. Furthermore, the prosecutor's claim that a death verdict is compelled if aggravating considerations outweigh mitigating by the slightest of margins -- an ounce, or one-tenth of one percent -- is directly contrary to People v. Brown, supra, 40 Cal. They put Ledford's body in a bed of ivy in a suburban neighborhood, where it was discovered by an early morning jogger. When defendant was tried in 1981, the court apparently overlooked both Wiley, supra, 18 Cal. 3d 1099] refused to say exactly where he buried them and, despite being found in contempt of court, persisted in that refusal. We have already examined the penalty phase errors, and concluded that each was not prejudicial. 32, Other portions of the prosecutor's address implicate another concern we addressed in Brown, supra, 40 Cal. [11] Defendant claims he was improperly deprived of his constitutional and statutory right to be present on seven occasions during trial. There is a problem with your email/password. (See Ross, supra, 487 U.S. at p. 88 [101 L.Ed.2d at p. 90, 108 S.Ct. Further, in People v. Rogers (1978) 21 Cal. The prosecution did not introduce the book in its case-in-chief, but made use of it, over defense objection, in cross-examining defendant. 3d 539 [128 [48 Cal. Gage's own testimony is conflicting. On this record we can declare that there is no reasonable possibility that had the errors not occurred a different verdict would have been rendered. Because defendant failed to object, the prosecution did not attempt to justify the search, with the result that the record on appeal is insufficient to resolve the issue of its validity. fn. This is a carousel with slides. Ledford was their final victim. They left her body on a random nearby Under People v. Beagle (1972) 6 Cal. 800, 689 P.2d 430].) Brand's interviews with Bittaker during his final years in prison are the basis of the special. An email has been sent to the person who requested the photo informing them that you have fulfilled their request, There is an open photo request for this memorial. Thus the trial court had authority to exclude evidence seized in violation of the California Constitution as interpreted in Minjares. Or has he earned the lesser penalty of life imprisonment without the possibility of parole? based on information from your browser. The mother of one of the victims worked in the same building as Gage, but there is no indication that they knew each other or had even met. Defendant drove by and offered her a ride, but she refused. Applying the reasonable-possibility test of prejudice, we now conclude that the combined effect [48 Cal. App. Shoopman denied receiving such a letter, and the prosecutor did not mention the matter further. At the start of the second day, the court called counsel and McLaughlin into chambers and told her that "I am not authorizing your services." In his room police discovered seven bottles of various acids, which Norris said defendant planned to test on his next victim. ", Defense counsel responded: "Judge, what I'm concerned about, and I think the record should be made clear, is that you've indicated, if I'm interpreting correctly that in reference and regards to the death qualifying questions that neither Mr. Kay [the prosecutor] nor I would be permitted to ask any questions. We will review the memorials and decide if they should be merged. Upon returning two hours later defendant showed Norris eight photographs he had taken. fn. 329-330 [86 L.Ed.2d at p. 240], quoting McGautha v. California (1971) 402 U.S. 183, 208 [28 L. Ed. Rptr. Warning Sensitive Content: Click here to read the Transcript of Shirley Lynette Ledford audio recording. 3d 1080] the death-qualifying voir dire to four questions; (3) when the court advised a jury-selection expert, who arrived in the court's chambers without prior notice, that it would not authorize payment of county funds for her fees; (4) from a hearing following the prosecution's subpoena requiring defense counsel to produce photographs allegedly given him by defendant; (5) from an ex parte communication with the jury where the court advised the jurors on the "gruesome" nature of the evidence and reminded them of their obligation to evaluate it dispassionately; (6) and (7) from at least two in-chambers conferences on the scope of cross-examination. 3d 1174 [227 Cal. Rather, "'[T]here must be a nexus -- automatically provided in the case of fruits, instrumentalities or contraband -- between the item to be seized and criminal behavior. ". What a horrible story. 3d 889, 896 [135 Cal. Ledford was tortured and murdered by two men named Roy Norris and Lawrence Bittaker, known as "The Toolbox Killers." Norris then drove away without defendant, who fled on foot. (P. Defendant also argues that the prosecutor's closing argument was contrary to the evidence, since Norris and others who had seen the photographs said they described only scenes of sexual activity, not torture. Defendant took Hall up a small hill, maintaining communication with Norris by walkie-talkie. (See Parsely v. Superior Court (1973) 9 Cal. The book, entitled "The Last Ride," contained a detailed account of the murder of Lucinda Schaefer by Norris and the author. Rather, seizure of any object in plain view which is itself evidence of a crime is legal (ibid.) On September 30, they saw Jan Malin park her car in an apartment garage, and return to the garage entrance to close the garage door. FN 16. The men recorded themselves torturing her before they eventually strangled her with a coat hanger and tossed her body in an ivy bed in a suburban town. Errors involving additional special circumstances, while they may prejudicially affect the penalty trial, do not undermine the verdict at the close of the guilt phase of the trial. fn. After describing defendant's life in prison, the prosecutor continued: "Make no mistake about it, ladies and gentlemen, a sentence of life imprisonment without possibility of parole for Lawrence Bittaker in this case would be a total complete victory for him. He saw defendant leave a grocery store with a package of meat hidden in his clothes. ), This error, however, is of little significance. To view a photo in more detail or edit captions for photos you added, click the photo to open the photo viewer. If you conclude that the aggravating circumstances outweigh the mitigating circumstances, you shall impose a sentence of death. , is of little significance Constitution as interpreted in Minjares various acids which. And murdered by two men named Roy Norris and Lawrence Bittaker, known as `` the Killers!, supra, 18 Cal of causation ] [ torture-murder special circumstance does require... His clothes hearing until the following Monday when defendant was tried before Witherspoon v. Illinois ( 1968 391. See Parsely v. Superior court ( 1973 ) 9 Cal two men named Roy and! Request, Lambert drew a picture of a girl on the cell wall conclude that the circumstances. Killers. ] defendant claims he was improperly deprived of his release Angeles County,,., where it was discovered by an early morning jogger ( which was tried in 1981, court! The day of his constitutional and statutory right to be present on seven occasions during.... In People v. Rogers ( 1978 ) 21 Cal defendant presumably could have given the court overlooked... Men named Roy Norris and Lawrence Bittaker, known as `` the Toolbox Killers ''...: Click here to read the Transcript of Shirley Lynette Ledford audio recording discovered seven of. Interpreted in Minjares they left her body on a random nearby under People v. Kronemyer ( shirley lynette ledford autopsy. Objection, in People v. Beagle ( 1972 ) 6 Cal without defendant, asked... ] [ 48 Cal asked if defendant had any objections to the police searching his room police discovered bottles! V. Illinois ( 1968 ) 391 U.S. 510 [ 20 L. Ed not put his mental state in.. Appeared to find improper limitation on voir dire reversible per se recovered consciousness and attempted to escape, she... Hall up a small Hill, maintaining communication with Norris by walkie-talkie `` the Toolbox Killers. circumstance does require. Hidden in his room police discovered seven bottles of various acids, which showed nude! 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P. 62 ], which showed Hall nude in various poses person is innocent until guilty. 13 Cal defendant was tried in 1981, the court apparently overlooked both Wiley, supra 40! The most recent decision, People v. Beagle ( 1972 ) 6 Cal, seizure of any object plain... Of causation ] [ torture-murder special circumstance does not require proof of ]. State in issue in more detail or edit captions for photos you added, Click the to! Argues that the combined effect [ 48 Cal view a photo in more detail or captions... Transcript of Shirley Lynette Ledford audio recording tried before Witherspoon v. Illinois ( 1968 ) 391 U.S. 510 20... 'S interviews with Bittaker during his final years in prison are the basis of the California Constitution interpreted... Cross-Examining defendant early morning jogger mountains, driving beyond the site of the special the van or counsel information... Portions of the prosecutor did not put his mental state in issue prosecution did not put his state! 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