maxine zazzara house address

Give me your gun, I'll take care of myself. A change of venue must be granted when the defendant shows a reasonable likelihood that in the absence of such relief, a fair trial cannot be had. The Night Stalker kept himself under control for almost a year, but on March 17, 1985, at approximately 11:30 P.M., he struck again. ] (People v. Oates (2004) 32 Cal.4th 1048, 1062, 12 Cal.Rptr.3d 325, 88 P.3d 56.) A screen had been removed from an open bathroom window and was lying on the ground. A pentagram is A five-pointed figure formed by producing the sides of a pentagon both ways to their points of intersection, so as to form a five-pointed star Formerly used as a mystic symbol and credited with magical virtues. (11 Oxford English Dict. He doesn't look the same as he looked that night? She had been shot twice in the chest at close range and was pronounced dead at the hospital. Defendant got out of his car and pulled Yu out of her car as she fought. By its terms, the portion of section 669 regarding imposition of a life sentence does not apply to a sentence of death. ), As also noted above (ante, 46 Cal.Rptr.3d at p. 704, 139 P.3d at p. 87), defendant's behavior did not raise a question as to his ability to understand the nature of the proceedings or assist counsel in his defense. He was previously married to Maxine Zazzara and Betty Grace Peterson Zazzara. He knocked on the door, but received no response, so he retrieved an extra key Cannon had given him. I believe that the deliberations of the jury are very near sacred in society and to interfere with them by allowing counsel to voir dire them about how they feel about Mrs. Singletary's death, how that has affected their deliberation, or even for the court to make such an inquiry, would probably be a fatal mistake. Defendant correctly observes that we repeatedly have rejected this contention. Accordingly, Dr. When Ramirez killed the accountant Peter Pan in his San Francisco home in 1985, evidence of the crime made it all the way up to then-Mayor Dianne Feinstein, which would be a tipping point in the investigation. Const., art. [V]ictim photographs in murder cases always are disturbing. 699-702, 139 P.3d at pp. 1692. ), Defendant requested the following jury instruction: One of the factors for you to consider in determining the penalty is the age of the defendant at the time of the offense(s). Therefore, the trial court did not err when it instructed the jury that it could consider guilt phase evidence in its penalty deliberations. (People v. Champion (1995) 9 Cal.4th 879, 946-947, 39 Cal.Rptr.2d 547, 891 P.2d 93; People v. Harris (2005) 37 Cal.4th 310, 359, 33 Cal.Rptr.3d 509, 118 P.3d 545.). Those are matters that must not affect your verdict.. The Court: Did you understand each item in that contract? On September 20, 1989, after the court accepted the jury's guilty verdicts, the prosecution indicated that it did not intend to present any further evidence at the penalty phase, but reserved the right to call rebuttal witnesses. Q. On October 9, 1985, Municipal Court Judge Elva Soper removed the public defender as counsel subject to defendant providing a written agreement retaining attorney Joseph Gallegos. According to defendant, this led the jury to treat the absence of mitigation as aggravation. If defendant believed the pattern instruction was unclear, he had the obligation to request clarifying language. (People v. Rodrigues (1994) 8 Cal.4th 1060, 1192, 36 Cal.Rptr.2d 235, 885 P.2d 1.) Failure to Narrow Class of Death-eligible Defendants, Defendant contends that the death penalty statute applicable in this case failed to meaningfully narrow the class of defendants eligible for the death penalty, in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments to the federal Constitution. In any event, we repeatedly have held that instructions in the language of CALJIC No. at p. 726, 83 S.Ct. 2557.) Okay. (a); 954.1), we apply the law predating Proposition 115. WebMaxine Zazzara was born on May 15, 1940 in Arkansas, USA. A. On August 30, 1985, law enforcement officers had focused their suspicion upon defendant and obtained a photograph of him, which they distributed to law enforcement agencies throughout Southern California and released to the news media. When he was arrested, defendant invited the police to kill him, and asked to borrow a gun so he could kill himself. In addition, her throat had been slit After defendant left, Yu crawled a short distance and then lay still. Gun sales tripled, returning to normal after defendant's arrest. The court instructed the jury on several occasions, including before the circumstances of the juror's death were made public, to avoid media accounts. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Defendant fails to explain how either of these cases has any relevance to the present case. [] I am concerned with the fact that he has surely missed a great percentage of the testimony throughout this trial. (c)), four counts of forcible sodomy (286, former subd. (People v. Coleman, supra, 46 Cal.3d 749, 776, 251 Cal.Rptr. You are now instructed that sympathy does play a legitimate part in determination of whether a defendant shall suffer death, or be imprisoned for life without the possibility of parole. Defendant returned to the living room and brought Somkid K. into the bedroom, threatening to kill her children if she resisted. In several instances, surviving witnesses testified that defendant demanded money or other items of value during the crime. Defendant struck Sakina A. in the head and handcuffed her hands behind her back. Defendant failed to object to the composition of the new master list, and thus forfeited any objection to the composition of the master list actually used to select the jury in the present case. He hacked them with the weapon then shot both in the head. (a).) Nor, contrary to defendant's claim, do the high court's decisions in Apprendi v. New Jersey (2000) 530 U.S. 466, 120 S.Ct. Ft. single family home built in 1955 that was last sold on 10/31/1996. She did not lose consciousness, but lay still. Defendant claims that he was denied the right to conflict-free counsel in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments to the federal Constitution and article I, section 15 of the California Constitution because the trial court failed to conduct an adequate inquiry into whether his attorneys suffered from a conflict of interest stemming from their retainer agreement with defendant's family. 702-705, 139 P.3d at pp. Trial counsel could have respectfully disagreed and asked the court to rule on his request but, instead, withdrew the proposed instruction, thus forfeiting this issue. Several hours later, she awoke lying facedown on her bed covered with blood. He later asked Salerno and Carrillo if they would be attending his execution. Accordingly, either counsel may argue any such age-related inference in every case. (Ibid.). Defendant left and they called the police. He couldve left us a signed signature, Salerno says. In addition, it has been brought before the court's attention that both Arturo Hernandez and Daniel Hernandez have been held in contempt by the courts in Santa Clara County on at least two occasions; that on a third occasion a contempt citation was not sustained against Daniel Hernandez-. Daniel Hernandez interrupted the court to object on the ground that this material had been discussed during an in camera hearing, noting that he and Arturo Hernandez had been assured that any information given to the court would be kept closed. The court continued, stating: They are a matter of public record, sir And that there is presently pending in that court another contempt hearing for Daniel Hernandez' failure to appear at a preliminary hearing where the defendant is charged with a violation of section 187 of the Penal Code. L[.] On May 14, 1985, about 5:00 a.m., a police dispatcher received a 911 call from a residence in Monterey Park. ), Even without the court having held a hearing on this issue, it appears that the trial court did not abuse its discretion in ordering that defendant be physically restrained during trial. He told her to be quiet, asked, Where is it? and then shot her in the face. Eventually, the court released the jury for the day and instructed them to return the following day, telling them the court was attempting to find out what exactly is going on with juror Singletary. The court admonished the jury, stating: Please do not concern yourself with this. Defendant forced the victim to orally copulate him, then raped and sodomized her. Defendant personally waived his right to testify in his own behalf and stated that he agreed with his counsel's decision not to present any additional evidence at the penalty phase. This is where police found their first clue to the identity of the Night On the morning of July 2, 1985, a neighbor, Frank Starich, noticed that a window screen was lying on the front porch and her newspaper was in the driveway. Whether defendant satisfied the second prong by showing that Hispanics were underrepresented in the jury venire depends in part upon how the community that serves as a basis for comparison is defined. Under the circumstances of the present case, the trial court did not abuse its discretion in ordering defendant to be physically restrained during trial. (People v. Panah, supra, 35 Cal.4th 395, 449, 25 Cal.Rptr.3d 672, 107 P.3d 790; People v. Coffman and Marlow (2004) 34 Cal.4th 1, 46, 17 Cal.Rptr.3d 710, 96 P.3d 30.) ), Defendant cites no case, and we are aware of none, in which a conviction was reversed because the court granted the defendant's request to substitute counsel. 1173, 55 L.Ed.2d 426 (Holloway), in which indigent codefendants were represented by a single appointed attorney who represented that he had received confidential information from each defendant that created a risk of conflicting interests, but no conflict of interest was found in Cuyler v. Sullivan (1980) 446 U.S. 335, 100 S.Ct. Accepting defendant's position would further delay for decades the imposition of the death sentences. The high court denied relief, distinguishing Holloway on the basis that counsel had not protested his inability simultaneously to represent multiple defendants. (Mickens, at p. 173, 122 S.Ct. But the court's determination that physical restraints are needed will not be overturned on appeal except on a showing of a manifest abuse of discretion. (Id. Whittier, Los Angeles County, California, USA. 7. According to Dr. Minter, therefore, the absolute disparity between the 14 percent of persons who appeared for jury service and identified themselves as Hispanic and the 16.3 percent of the population within the 20-mile radius who were Hispanics who were eligible for jury service was just 2.3 percent. [Citations. You heard the description of the wounds that she suffered and these photographs do depict those wounds. The jury resumed deliberations the following day, August 16, 1989, but defendant moved to suspend deliberations to allow the jury a period of mourning. Hypocrites one and all. (People v. Saunders (1993) 5 Cal.4th 580, 590, fn. Because of the two contracts, the court will request if at any time there is the slightest possibility that a potential conflict might exist, you immediately inform whatever court this is in so that that problem can be raised and taken care of. We repeatedly have upheld such triple use of the same facts. 191, 800 P.2d 547.) We recognized in Champion that it is possible the jury might improperly consider at the penalty phase evidence introduced at the guilt phase to show bad character. (People v. Ewoldt (1994) 7 Cal.4th 380, 403, 27 Cal.Rptr.2d 646, 867 P.2d 757. That guarantee mandates that the pools from which juries are drawn must not systematically exclude distinctive groups in the community. The defendant in Rideau was filmed in his jail cell, the morning after his arrest, flanked by two state troopers. The trial court overruled the objection, stating: I find that their probative value far exceeds any inflammatory nature, although again, they are not pleasant to look at, but this is a murder case, but they would be useful certainly for a doctor to use to give the cause of death, perhaps the manner of death. The court imposed a sentence of death. ) (People v. Cornwell, supra, 37 Cal.4th 50, 106, 33 Cal.Rptr.3d 1, 117 P.3d 622; People v. Harris, supra, 37 Cal.4th 310, 366, 33 Cal.Rptr.3d 509, 118 P.3d 545.). HUG, Circuit Judge: Former Code of Civil Procedure section 203 stated at that time: Each court shall adopt rules supplementary to such rules as may be adopted by the Judicial Council, governing the selection of persons to be listed as available for service as trial jurors. The firefighter who responded found the iron security gate and the front door open. Launie Dempster, who delivers newspapers, testified that she had seen defendant in a car parked near the Dois' home an hour and a half before the attack. too much, made some remarks to the jury in general and was looking at him in particular as I was making these remarks with regards to paying attention but he even during argument occasionally would again bounce his head up and down quickly as if rudely awakening himself or something of that nature. The trial judge then engaged the prospective juror in the following colloquy: The Court: If you as [a] juror found a defendant guilty of first degree murder and you also found a special circumstance to be true beyond a reasonable doubt, would that put you in a position where in every case would you always vote for the death penalty? (b).) We have done a tremendous amount of work with him. May 14, 1985: Bill Doi was fatally shot and Lillian Doi was raped. But his murder of Maxine was especially ghastly as hed gouged out her eyes. On December 19, 1988, before the prospective jurors were brought into the courtroom, the prosecutor noted that the proceedings had been moved to a smaller courtroom, which would require the jury to pass by the counsel table where they might see defendant's leg chains. He was previously married to Maxine Zazzara and Betty Grace Peterson Zazzara. ), We find no fault with the trial court's response to this tragic event. It is no disgrace. Investigators identified him as an enraged killer because of how viciously his victims had been killed: in one case, the victim, Patty Higgins, was slashed and stabbed in the throat. That person was apprehended and questioned, but then released. She was one of the few who actually had a good look at the Night Stalker. Drawers had been pulled out in the bedroom and bathroom, and clothing was strewn around the room. [] []. Defendant contends there is insufficient evidence that defendant entered the residence with the intent to commit larceny because [t]here was no evidence of theft, ransacking, or attempted taking of property. Defendant concedes that the evidence supports a finding that defendant entered the residence with the intent to commit murder or assault, but correctly notes that under the merger doctrine announced in People v. Ireland (1960) 70 Cal.2d 522, 539, 75 Cal.Rptr. Can you imagine the people caught me, not the police. Defendant laughed and then added: You think I'm crazy, but you don't know Satan. He hummed the song Night Prowler by the rock group AC/DC. As noted above, defendant was charged in an amended information with 43 offenses-including 13 counts of murder, five counts of attempted murder, 14 counts of burglary, and four counts of rape-arising from 15 separate incidents involving 24 victims during a 14-month period ending in the summer of 1985. We concluded above that the court did not err in denying prior defense counsel's pretrial motion to appoint a psychiatrist to evaluate defendant's mental competency to stand trial, nor did it err in failing prior to trial to order a competency hearing sua sponte. 11. The Defendant: I understand. Richard Ramirez broke into the home of Vincent and Maxine Zazzara at around 2 a.m. on March 27, 1985. The trial court correctly noted that because of the number of prospective jurors that could be assembled in Los Angeles County, it was likely that an impartial jury could be chosen. [Citation.] Defendant did ask the court to instruct the jury that the list of aggravating factors is exclusive, but, as discussed above, the court properly refused to so instruct the jury. Subsequent analysis revealed that a 25-caliber bullet recovered from the victim's head had been fired from the same gun that fired bullets recovered from the home of Virginia and Christopher Petersen. In the present case, the trial judge had observed that the juror had difficulty paying attention during trial and appeared to fall asleep. I think this is just-. The trial court in the present case did not abuse its discretion in resuming deliberations the day after the jury learned that one of the jurors had been murdered. An actual conflict of interest means a conflict that affected counsel's performance-as opposed to a mere theoretical division of loyalties. [Citation. The court granted defendant a one-week continuance to present his case. It also would be useful just in general to indicate the manner or method of death The court later added that although they are not pleasant to look at, they are relevant and as non-inflammatory as possible. The court, sua sponte, then gave the jury a cautionary instruction: Ladies and gentlemen, we're going to have some photographs given to you for your examination of the scene at the Zazzara household. When Ramirez was finally apprehended, he called Salerno Mr. During his testimony regarding the murder of Tsai Lian Yu, eyewitness Jorge Gallegos identified defendant, but added the observation, he's just a little different, explaining, his hair is just a little longer. On cross-examination, the following exchange occurred: [Defense Counsel]: the man at the trial looks different than the man you saw that night. The den and bedroom had been ransacked. These things happen., On August 11, 1989, the 13th day of guilt phase deliberations, the trial court informed counsel that it had received from the jury foreperson a note that read: Your Honor, Fellow jurors have brought it to my attention that juror #3 Mr. Robert L.] has fallen asleep on two occasions during our deliberations. 85-88.) Maxine Zazzara's body was found in the bedroom lying on her bed, partially covered by a sheet. Arthur Davidson, Asst. The high court ruled that the trial court did not err in denying the defendant's request to substitute counsel, stating, where a court justifiably finds an actual conflict of interest, there can be no doubt that it may decline a proffer of waiver, and insist that defendants be separately represented. (Id. Several days after Cannon was murdered, shortly after midnight on July 5, 1985, 16-year-old Whitney B. dressed for bed and sat down on her bed with the light on. WebMurdered , Serial Killer Victim , Shot , Stabbed , Bludgeoned. You are admonished in the strongest possible terms that your decision in this case must be based on the evidence that you have seen and heard in this courtroom and from no other source. The court then instructed the jury to begin its deliberations anew. [Citation.] Because the record establishes a manifest need for some form of physical restraint, defendant cannot complain that a less visible form of restraint, such as a leg brace, should have been used rather than leg shackles. Relevant evidence means evidence having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action. (Evid.Code, 210.) On the carpet and on a tissue, police found shoe prints from an Avia athletic shoe. We have no question in our mind at this point that there is a conflict in this case; however, we realize the concerns of the court. Defendant expressly chose to wear leg chains instead of a less visible, but more uncomfortable, leg brace, and has therefore waived any objection to that form of restraint. The Defendant: It exists, but I feel there will be no conflict. Defendant took Carol K. to her bedroom, put the gun to her head and threatened to kill her, then tied her hands behind her with a pair of pantyhose. Read original story Night Stalker': 10 Most Terrifying Details About Satanic Serial Killer Richard Ramirez At TheWrap, 'Night Stalker': How Dianne Feinstein Jeopardized the Search for Serial Killer Richard Ramirez, 'American Horror Story: 1984' Star Zach Villa on What the Night Stalker Wants With Brooke (Video), Murder Charges Dropped Against Curtis Flowers, Subject of True Crime Podcast 'In the Dark', Night Stalker': 10 Most Terrifying Details About Satanic Serial Killer Richard Ramirez, Viewers veto judges' votes on dj vu-inducing top 12 'American Idol' episode, Ashley Judd reflects on mom Naomi's 'irreplaceable loss' a year after the country star's death, Michael J. Again I'm not trying to jump in and tell you guys how to run your ship. Defendant asserts that the trial court repeatedly was made aware of counsel's conflicts and difficulties in communicating with their client, citing instances in which either defendant failed to cooperate with his attorneys or his attorneys failed to appear for trial. 8.85 do not violate the Eighth and Fourteenth Amendments by failing to delete inapplicable sentencing factors or delineate between aggravating and mitigating circumstances. ), The size of the community also militates against granting defendant's request for a change of venue.
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