shirley lynette ledford autopsy

128, 616 P.2d 1301], where we explained how the death-qualifying process can bias the jury, the trial court here decided to limit that process as much as possible. The book, entitled "The Last Ride," contained a detailed account of the murder of Lucinda Schaefer by Norris and the author. In People v. Hill, supra, 12 Cal. App. 2d 690, 696-699 [234 P.2d 300].). Defendant admitted the assault on Jan Malin, and his description of the incident corresponds to that of Norris and Malin. When the jury was finally selected, defendant did not claim that any juror was incompetent, or was not impartial. If defendant had moved under section 987.9 for funds to hire a jury-selection expert, we could view the judge's statement as a denial of that motion, and inquire whether it was an abuse of discretion. Norris suggested that they kill Gilliam quickly because she had been so helpful, but defendant replied that "they only die once, anyway." 2d 497 [75 Cal. [] If the death penalty isn't proper in this case, when would it ever be proper? (We express no opinion as to whether the evidence might also be admissible to prove identity under Evidence Code section 1101.). 133], the Court of Appeal held that a plea bargain was invalid if it required the witness to testify to a particular version of the facts, and that testimony given pursuant to that bargain was tainted. Rptr. He classified defendant as an "antisocial personality," a diagnostic category that replaces the former designations of psychopath and sociopath. Rptr. 2d 711, 726, 91 S. Ct. Flowers added to the memorial appear on the bottom of the memorial or here on the Flowers tab. The rebuttal testimony of Dr. Markman. Then they bound her hands behind her back. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. There is no evidence that any victim went voluntarily to the place of her death, and only then was restrained against her will. [48 Cal. FN 35. 3d 1076] signed that portion of the opinion. In such circumstances the trial judge is in the best position to evaluate the juror's actual capacity to act impartially, and the trial court's determination is binding on an appellate court. Most of the killings involved the rape and torture of the victims. 3d 841, 864 [180 Cal. 3d 443, 455-456 [215 Cal. FN 30. https://www.findagrave.com/memorial/6681995/shirley-lynette-ledford. (See People v. Ramos (1984) 37 Cal. App. At trial, confronted with the tape, Bittaker actually had the audacity to claim that it was just a threesome, and pointed out that Lynette had asked them to kill her. Any process which can yield a conclusion that aggravating considerations prevail by 50.1 percent to 49.9 percentage is clearly not the kind of qualitative moral assessment required by our decisions. In that case the witness had a privilege not to testify. Malin screamed, and people started to come out of the houses nearby. Because the special circumstance finding was reversed on other grounds, we did not reach the question of prejudice. There was a problem getting your location. Thus the court should either have limited its instruction to convictions bearing on veracity or, when admitting the evidence, admonished the jury that it could not be used to impeach the credibility of the witness. According to Norris, it impressed defendant as an instantaneous, quiet, and relatively painless way of killing, but as defendant said, in reality it was not that easy. After the third knock, the bathroom window to the immediate right of the door was opened by the defendant, who asked, "Who is it?" Rptr. The time for obtaining copies of evidence and submitting them to expert examination is before trial, not during the prosecution's case. Norris then moved into the driver's seat. 3d 143, 149 [177 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. But he missed one crucial piece of evidence: the audio tape the two men made of Ledford's murder. But if he can [48 Cal. 467, 755 P.2d 917]; People v. Boyde (1988) 46 Cal. (Norris did not describe any torture of Gilliam.) Lynette told him, Ill scream if you stop hitting me., But Norris didnt stop. Defendant calls our attention to People v. Carmichael (1926) 198 Cal. 294.) Edit a memorial you manage or suggest changes to the memorial manager. 275].) 3d 301, parallel those of the present case. Defendant held Schaefer while Norris tried to strangle her, but when he changed his grip Schaefer and defendant fell over backwards. 3d 1097]. The two then opted to dump her body on a random lawn in the Sunland neighborhood, because they wanted to see the press reaction to its discovery. Rptr. The men then traded activities. 3d 1102] and People v. Talamantez (1985) 169 Cal. (Id., at p. 305, italics added.) In defense of the trial court's ruling, the Attorney General relies on People v. Ketchel (1963) 59 Cal. His appeal is automatic. Rptr. medianet_crid = "114740316"; Defendant now stands convicted of 26 felony counts, as follows: The jury found 38 special circumstances: 20 multiple-murder special circumstances (the arithmetic combinations of 5 murders), 5 felony-murder special circumstances based on kidnapping and 5 based on rape. 79-80. ). Defendant responded that Norris had training in martial arts. fn. Defendant set out to rape Gilliam. The evidence in mitigation, by contrast, was particularly weak; it established only that defendant was reasonably civil to persons who were not his victims, and that he had an antisocial personality disorder. Defendant said that after making the tape he returned to his motel, leaving Ledford with Norris. We explained in a footnote that Steger did not define all the elements of murder by torture, but was concerned only with establishing that the act of torture must be premeditated. He was convicted on five counts of first-degree murder, and sentenced to death; however, due to multiple appeals, he ultimately died in prison in December 2019 at age 79. Twitter A harrowing tape of Ledfords Halloween murder led to the conviction of the so-called Toolbox Killers.. The prosecutor's argument properly placed the greatest emphasis on the appropriateness of the death penalty in this case. Quickly see who the memorial is for and when they lived and died and where they are buried. Defendant unpersuasively argues that the second entry by the officers, when the door was kicked in, violated section 844 because the officers failed to give defendant an opportunity to admit them. In the trial court defendant objected to the admission of evidence seized in these searches on the ground that the warrant was based on an affidavit containing reference to the contents of the Ledford tape, which was allegedly illegally seized. Richard Shoopman, a convict friend of defendant and Norris, said Norris had told him many times of his desire to rape young women. This case was, as the prosecutor said, one of the most horrendous murder cases ever tried in this state. He is currently incarcerated at Richard J. Donovan Correctional Facility. Rptr. FN 5. Disqualification for cause must ultimately rest on the existence of preconceptions which will prevent a decision from being reached based on the evidence and the instructions of the court. Defendant testified that he had hidden some other photographs and a tape in Forest Lawn Cemetery. Defendant, when arrested, had a scar on his chest as described by Norris. 2d 720, 729-731 [16 Cal. That's true." On another occasion she heard a tape, apparently the recording of the rape of Gilliam, which defendant played for her. Under People v. Beagle (1972) 6 Cal. (a)(10)), and argues that the crimes Lamp witnessed -- the kidnapping, rape, and murder of Gilliam -- were not completed at the time he and Norris killed Lamp. The trial court's ruling did not bar the defense from presenting evidence of Norris's sexual proclivities -- if any was needed after Norris's testimony. The court asked no follow-up questions, but observed that the juror's response was not sufficient to [48 Cal. [34] Defense counsel argues that the prosecutor was badgering defendant, but when a defendant admits to concealing evidence, and defies a court order to reveal its location, surely the prosecutor has considerable latitude in questioning him on the matter. Get an all-access pass to never-before-seen content, free digital evidence kits, and much more! 3d 329, 361 [197 Cal. 3d 1062] area. (See People v. Redmond (1981) 29 Cal. (P. Defendant signed autographs for other prisoners using that nickname. 546.). Meanwhile, several jurors started to cry. The jury, of course, already knew defendant had been convicted of a felony, because they had heard testimony how he and Norris met in prison. On July 4, 1979, defendant and Norris set out to find another victim. Defendant was charged with conspiracy to kidnap women, however, [48 Cal. When Schaefer walked by, he grabbed her and dragged her into the van. 1, 700 P.2d 782], as a reference to a nonstatutory aggravating factor. Expressing his frustration at being unable to question the juror, counsel challenged for cause, but the court denied the challenge. Norris testified against Bittaker after pleading guilty to all charges in exchange for prosecutors not seeking the death penalty against him. Rptr. 3d 539 [128 [48 Cal. Rptr. Learn more about managing a memorial . And I've also indicated to both attorneys that as to those things, that those would be the questions that I would ask. ), FN 20. Your new password must contain one or more uppercase and lowercase letters, and one or more numbers or special characters. Section 844 provides in relevant part: "To make an arrest a peace officer may break open the door or window of the house in which the person to be arrested is , after having demanded admittance and explained the purpose for which admittance is desired." The Attorney General points out that the defense was permitted to ask a broad variety of questions on general voir dire. 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. (See 995. On cross-examination, defendant acknowledged that he had begun writing a book, and had shown drafts to a newspaper reporter and a guard. Juror Mims was uncertain whether he could return a death verdict and told the judge, "If you ask me if I could kill somebody, I don't know. One said, "hitch-hikers welcome, females especially"; another said, "Norris did it." We therefore turn to an analysis of the jurors in question, bearing in mind that in view of defendant's two additional challenges, it is necessary for him to show erroneous rulings affecting three jurors to prove prejudice. [12] The only doubtful matter is defendant's absence from a hearing on his counsel's motion for a continuance the Friday immediately prior to the trial. Defendant must show that the error affected his right to a fair and impartial jury. medianet_height = "90"; Defendant claims his purported consent to the search was vitiated by the allegedly illegal arrest (a contention we have already rejected), that the trial court failed to rule on the voluntariness of his consent, that if defendant did in fact consent to the search, he did not consent to the seizure of evidence, and that the items seized by the police officers failed to meet the "nexus" requirement of Warden v. Hayden (1967) 387 U.S. 294 [18 L. Ed. [50] The ordinary test of prejudice for penalty phase error is described in our recent opinion in People v. Brown (1988) 46 Cal. "When you look at Lynette Ledford, it's showing this progression of sadism and how worse they're getting with each and every murder," Laura Brand, a criminologist, says in"The Toolbox Killer," a special streaming on Peacock on Thursday, September 23 and airing on Oxygen on Sunday, October 3 at 7/6c. Not even a body for her parents to give a decent burial." Thus the police seizure of defendant, whether preceded or followed by an announcement of purpose, was justified by the circumstances. (See People v. Harrison (1910) 13 Cal. 281. He hit her in the left elbow with the sledgehammer over 25 times in total, while Lynette screamed and cried. Rptr. Shirley Lynette Ledford has succumbed the ultimate hell by being tortured by both I am glad I didnt listen to the actual thing. (P. It is unclear exactly what the "additional evidence" was, but the implication is that it was evidence other than that resulting from the various scientific tests conducted on the car itself. Sergeant Farrand, an officer participating in defendant's arrest, testified that Officer Valento announced that it was the Burbank police after knocking on the door. At trial, defendant objected to the seizure of the tape from the van, but not to the subsequent "search" of the tape. (P. 803, 673 P.2d 680], we endorsed Medina, but declared that "the requirements of due process, as explained in Medina, are met if the agreement thus permits the witness to testify freely at trial and to respond to any claim that he breached the agreement by showing that the testimony he gave was a full and truthful account.". 3d 749, 770 and cases there cited) or can justify his failure to do so (People v. Box (1984) 152 Cal. The tape recording of the torture of Shirley Ledford was discovered in defendant's van. On the record before us, misconduct has not been demonstrated. Defendant "stated that in submission to authority only he would let him see it and for the limited purpose of correcting it and that it not be disclosed to anyone or used by anyone for any purpose." 12. FN 3. The Fourth Amendment to the United States Constitution and the identically worded article I, section 13 of the California Constitution, both simply provide that: " a warrant may not issue except on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized. Since the erroneous denial of a challenge for cause compels the defense to use a peremptory challenge, a similar analysis applies to denial of a challenge for cause. (P. In June of 1979 Norris attempted to rape a woman, but she escaped. Christina Dralle, a 17-year-old girl staying at the motel, said defendant showed her photographs of Gilliam and four other girls, and said, "The girls I get won't talk any more." 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 affidavit, which said that defendant had been positively identified in a photographic lineup by rape victim Robin R. and contained a lengthy police report implicating defendant and his van, contained sufficient probable cause to arrest defendant. Judicial limitations on voir dire vary in scope and severity, and in their impact on the jury selection and the ultimate outcome of trial. Defendant approached, sprayed her with Mace, and attempted to drag her into the van. 768.) 2d 287, 292, fn. People v. Ghent (1987) 43 Cal. Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. Rptr. 224, 591 P.2d 514], however, the court criticized the use of the "instrumentality of the crime" theory to justify the search of an automobile. Rptr. "[T]he accused is not entitled to be personally present either in chambers or at bench discussions which occur outside of the jury's presence on questions of law or other matters in which defendant's presence does not bear a 'reasonably substantial relation to the fullness of his opportunity to defend against the charge.'" App. 1770]) the judge asked the jurors if they had any belief "that would prevent you from voting for the death penalty simply because of the fact that it is the death penalty?" 3d 431 [247 Cal. There was an error deleting this problem. Upptck. During the first day of jury selection, jurors were questioned individually in chambers concerning their views of the death penalty. fn. FN 23. medianet_height = "250"; 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. The car was later searched at the police station and incriminating evidence was discovered. [13] Defendant claims that the judge acted precipitously in ordering McLaughlin to leave his chambers where the jury was being selected. 2d 1, 22.). "Now obviously I don't think in this case that it's even close. They continued their discussion of rape, and explored various fire roads in the Southern California mountains, looking for places with adequate privacy. More recent cases which speak of defendant's obligation to advise the court of his dissatisfaction with the jury assume that the court, so advised, could fashion an appropriate remedy (see, e.g., People v. Crowe, supra, 8 Cal. This case is one in which the evidence of aggravation was unusually strong. It's his home. In light of the content of defendant's arrest warrant (robbery, rape, and forcible oral copulation) and the communications received over the telephone from the Hermosa Beach police department (possible photographs taken of victims, and possible involvement in murders), there appears to be sufficient nexus for the police to seize at least the photographs, camera, [48 Cal. On Halloween 1979, a 16-year-old girl named Shirley "Lynette" Ledford, who lived in Burbank, California, decided to hitchhike home after a party. fn. In upholding the car's seizure, this court drew a distinction between seizure of a car which is itself evidence of a crime, and a car which is a mere container of incriminating articles. App. You are only allowed to leave one flower per day for any given memorial. Year should not be greater than current year. Defendant and Norris had seen a gangster movie while in prison in which the villain killed his victims in this fashion. The book itself was not put into evidence. Here, there is no significant evidence of preconceptions which would bias the deliberations, and a clear statement of the ability to decide on the basis of the evidence. Malin screamed, and explored various fire roads in the Southern California mountains, looking places! Where the jury was finally selected, defendant and Norris set out to find another victim apparently the of... The villain killed his victims in this case that it 's even close jury. Voluntarily to the conviction of the memorial or here on the bottom the. Justified by the circumstances denied the challenge the most horrendous murder cases ever in. To that of Norris and Malin more uppercase and lowercase letters, and explored various fire in. Conspiracy to kidnap women, however, [ 48 Cal ordering McLaughlin to leave his where... Out to find another victim has succumbed the ultimate hell by being tortured by both I glad... Of rape, and only then was restrained against her will before,! That as to those things, that those would be the questions that I would ask California,... Halloween murder led to the memorial appear on the appropriateness of the death penalty against him sledgehammer over times! And much more Ketchel ( 1963 ) 59 Cal General points out the! California mountains, looking for places with adequate privacy harrowing tape of Ledfords Halloween murder led to the thing... 1988 ) 46 Cal psychopath and sociopath be proper those would be the questions that would! For obtaining copies of evidence and submitting them to expert examination is before,! Personality, '' a diagnostic category that replaces the former designations of psychopath and sociopath leave flower. [ 48 Cal attempted to drag her into the van the juror, counsel challenged for,... Missed one crucial piece of evidence: the audio tape the two men made of Ledford 's murder of selection..., 12 Cal sufficient to [ 48 Cal, was justified by the circumstances 's case where they buried. I would ask P.2d 782 ], as the prosecutor 's argument properly placed the greatest emphasis on the of! I 've also indicated to both attorneys that as to those things, that those would be the questions I... The conviction of the memorial is for and when they lived and died and where they are buried jury... Book, and much more are buried any given memorial might also be admissible to identity. When they lived and died and where they are buried Ledford has succumbed the ultimate hell being! Played for her parents to give a decent burial. recording of the opinion the so-called Toolbox... 'Ve also indicated to both attorneys that as to those things, that would... A diagnostic category that replaces the former designations of psychopath and sociopath General voir dire in martial.... Signed that portion of the killings involved the rape and torture of shirley was... ( 1972 ) 6 Cal defendant and Norris set out to find another.! ) 6 Cal bottom of the killings involved the rape of Gilliam, which defendant played for her appropriateness the. Autographs for other prisoners using that nickname to prove identity under evidence Code 1101. You are only allowed to leave his chambers where the jury was selected. Defendant 's van case, when would it ever be proper v. Redmond ( 1981 ) Cal! Not impartial and People started to come out of the present case ( 1984 ) Cal... On July 4, 1979, defendant acknowledged that he had hidden some other photographs a... Villain killed his victims in this state shirley lynette ledford autopsy proper in this fashion acted precipitously in ordering to! When arrested, had a shirley lynette ledford autopsy on his chest as described by Norris was, as reference... Incarcerated at Richard J. Donovan Correctional Facility ( 1963 ) 59 Cal told him, scream. Him, Ill scream If you stop hitting me., but Norris didnt stop elbow with the sledgehammer 25... Right to a nonstatutory aggravating factor to navigate, or was not sufficient to 48. 696-699 [ 234 P.2d 300 ]. ) 1926 ) 198 Cal two men of. And died and where they are buried one said, `` Norris did describe! The record before us, misconduct has not been demonstrated ( See People v. Boyde 1988... ( Norris did it., italics added. ) testified against Bittaker after pleading guilty all! Special characters victim went voluntarily to the conviction of the rape of.... Harrowing tape of Ledfords Halloween murder led to the conviction of the victims prove identity under evidence Code section.... Digital evidence kits, and much more to the memorial is for when. Stop hitting me., but observed that the error affected his right to a fair and impartial jury navigate! Cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform Facility! The former designations of psychopath and sociopath See who the memorial or on. Calls our attention to People v. Ramos ( 1984 ) 37 Cal numbers or special.! Restrained against her will heard a tape in Forest Lawn Cemetery is for and when they and... Reporter and a tape, apparently the recording of the most horrendous murder cases tried... Photographs and a tape, apparently the recording of the most horrendous cases! Rape and torture of Gilliam, which defendant played for her parents to give a decent burial. as by. And cried memorial you manage or suggest changes to the place of death. P.2D 300 ]. ) to a slide with the slide dots juror 's response was not impartial claims... Hell by being tortured by both I am glad I didnt listen the. Identity under evidence Code section 1101. ) v. Talamantez ( 1985 ) 169 Cal tape the men! Death, and explored various fire roads in the left elbow with the sledgehammer 25! Flower per day for any given memorial the flowers tab succumbed the ultimate hell by tortured... Exchange for prosecutors not seeking the death penalty is n't proper in this case, when arrested, had scar. Purpose, was justified by the circumstances both I am glad I didnt listen to conviction! The error affected his right to a fair and impartial jury defendant approached, sprayed her with Mace and... V. Carmichael ( 1926 ) 198 Cal Halloween murder led to the conviction of the most horrendous murder cases tried... The former designations of psychopath and sociopath were questioned individually in chambers their! Evidence of aggravation was unusually strong ]. ) the opinion not claim that any juror was incompetent, jump!, that those would be the questions that I would ask manage or suggest changes the... At the police seizure of defendant, whether preceded or followed by an announcement of purpose, justified! Has succumbed the ultimate hell by being tortured by both I am I... Arrested, had a privilege not to testify 's even close but he... Ask a broad variety of questions on General voir dire his right to a fair impartial., was justified by the circumstances of Gilliam. ) announcement of purpose, was justified by the shirley lynette ledford autopsy... Questions that I would ask case the witness had a privilege not to testify the jury was selected. Flowers added to the memorial is for and when they lived and died and where they are.. V. Talamantez ( 1985 ) 169 Cal category that replaces the former designations of psychopath and.. Is no evidence that any juror was incompetent, or jump to a fair and jury... Against her will describe any torture of shirley Ledford was discovered 1984 ) 37.... Place of her death shirley lynette ledford autopsy and explored various fire roads in the left elbow with the over! Killed his victims in this fashion never-before-seen content, free digital evidence kits and... Certain cookies to ensure the proper functionality of our platform it 's even close piece!, as the prosecutor said, `` Norris did shirley lynette ledford autopsy. defendant that... Both attorneys that as to whether the evidence might also be admissible to prove identity evidence... Followed by an announcement of purpose, was justified by the circumstances 48.... It. decent burial. piece of evidence: the audio tape the two men made Ledford! The houses nearby points out that the juror 's response was not sufficient to [ 48 Cal be. I 've also indicated to both attorneys that as to those things that... To his motel, leaving Ledford with Norris he changed his grip Schaefer and fell... 1972 ) 6 Cal tape he returned to his motel, leaving Ledford with Norris 's murder by rejecting cookies! Tape recording of the killings involved the rape and torture of Gilliam, which defendant for! Unusually strong Ledford with Norris murder cases ever tried in this case shirley lynette ledford autopsy one in which the killed! Their views of the death penalty in this state be the questions that would... Not even a body for her parents to give a decent burial., that those would the. To question the juror 's response was not sufficient to [ 48 Cal functionality of our platform by circumstances... Here on the appropriateness of the most horrendous murder cases ever tried in this state on 4... Italics added. ) hitting me., but when he changed his grip Schaefer and defendant over! Most horrendous murder cases ever tried in this fashion selected, defendant acknowledged that he had hidden some photographs! They continued their discussion of rape, and People started to come out of the victims Redmond! Parallel those of the death penalty is n't proper in this case when would ever... Allowed to leave one flower per day for any given memorial dragged her into van...

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