She also spontaneously stated that she believed that a person is innocent until proven guilty. Rptr. Which memorial do you think is a duplicate of Shirley Ledford (6681995)? So I can't just sit here and tell you." 5 In explanation, defendant said that the book was part fact, based on what he had been told by Norris, and part fiction. fn. On Halloween night, 1979, at approximately 10:30 p.m. Lawrence Bittaker and Roy Norris abducted their final victim, 16-year-old Shirley Lynette Ledford as she hitchhiked home from a Halloween party in Los Angeles. 363.) The Toolbox Killer Airs Sunday, October 3rd. Lucas, C. J., Mosk, J., Panelli, J., Eagleson, J., Kaufman, J., and Arguelles, J., concurred. Bittaker and Norris The Tool Box Killers, here to read the Transcript of Shirley Lynette Ledford audio recording. The "Ramey" arrest warrant and affidavit forms resulted from our decision in People v. Ramey (1976) 16 Cal. It would provide me with closure. 3d 1091] This feeling apparently stemmed from having a 15-year-old daughter, and the number and the nature of the charges. Six or seven uniformed police officers participated in defendant's arrest. On this record we conclude that the trial court erred in denying the challenge for cause. medianet_width = "728"; 3d 512, and Allen, supra, 42 Cal. 866, 647 P.2d 142] (see People v. Valenzuela (1984) 151 Cal. 23, We turn, therefore, to the question of prejudice. 7. 3d 1077] to determine the van's "evidentiary value" as is permitted by the Teale (supra, 70 Cal.2d 497) line of cases. 2d 818, 836 [299 P.2d 243]. 3d 162, and the CALJIC instruction which was based on Wiley, and instructed in the language of People v. Steger, supra, 16 Cal. Oops, something didn't work. Defendant set out to rape Gilliam. FN 15. We see no reasonable possibility that information about another violent rape -- this one committed many years earlier -- would have altered the verdict. 3d 150 [98 Cal. According to court documents, the men picked up Ledford, who was hitchhiking home from her job, on Halloween. Defendant testified that he never saw them again. He also called Dr. Tronkman, a psychiatrist, who testified that defendant may have committed the 1974 assault while in an altered state of consciousness. They drove to the mountains where he and Norris took the photographs and made a tape recording. And it does not permit the jury to determine what penalty is appropriate after the weighing process because, according to the prosecutor, if aggravating circumstances outweigh mitigating the jurors have no choice but to impose the death penalty. On appeal, defendant alleges that he was denied effective assistance of counsel evidenced by his counsel's failure to object to the searches at issue on the following additional grounds: (1) the seizure of items not specified in the warrant exceeded the scope of the warrant; (2) some of the items authorized for seizure by the warrant were not supported by probable cause; and (3) the warrant for seizure of "sexual literature" was impermissibly overbroad. Defendant admitted the assault on Jan Malin, and his description of the incident corresponds to that of Norris and Malin. Found more than one record for entered Email, You need to confirm this account before you can sign in. Defendant suggested dumping the body in someone's front yard so they could see the reaction in the newspaper. 3d 1107] appropriate penalty. 485, 423 P.2d 557]; People v. Sesslin (1968) 68 Cal. You have chosen this person to be their own family member. You need a Find a Grave account to continue. Are you sure that you want to delete this photo? Richard Dryburgh, another resident of the Scott Motel, testified in return for dismissal of a charge of possession of an explosive. He was eligible for parole in 2010, but he died in prison on February 24 of this year, age 72. 2d 497, to uphold a seizure of the defendant's car, parked outside his apartment, although the defendant had been arrested inside his apartment. We will review the memorials and decide if they should be merged. 25 The critical question is whether Gage properly declared that she could act impartially and fairly. The evidence included testimony concerning defendant's discussion of his sexual fantasies with Richard Shoopman, various sadomasochistic and bondage magazines found in defendant's possession, and evidence [48 Cal. It is apparent that the "complaint," as the term is used in the Penal Code, serves two different purposes. [42] At the guilt phase of the trial the jury heard evidence of uncharged crimes, the assault upon and attempted kidnapping of Jan Malin. [43] Defendant argues that since Dr. Coburn examined him at counsel's request, Dr. Coburn's opinions were protected by the attorney-client privilege. Of the convictions brought before the jury, only Douglas's conviction for burglary would meet that test. 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.'" 3d 1067] when Norris said they were killed. 2d 1, 22 [338 P.2d 397]: "Where a prospective juror gives conflicting answers to questions relevant to his impartiality, the trial court's determination as to his state of mind is binding upon an appellate court [citations]." 833, 502 P.2d 1305, 57 A.L.R.3d 155], relied on Teale, supra, 70 Cal. cemeteries found within miles of your location will be saved to your photo volunteer list. He hit her in the left elbow with the sledgehammer over 25 times in total, while Lynette screamed and cried. Defense counsel interpreted that answer as an automatic vote for death; the court interpreted it differently. Some of these photographs came into possession of defense counsel, who turned them over to the police, and they were admitted into evidence. Please contact Find a Grave at [emailprotected] if you need help resetting your password. Defendant maintains that this statement improperly invited the jury to speculate on whether defendant might be released from prison despite a sentence of life imprisonment without possibility of parole. Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. As for general voir dire of course the code section allows the attorney a reasonable opportunity to make inquiry of the respective jurors for cause. ), FN 20. Not even a body for her parents to give a decent burial." Oops, some error occurred while uploading your photo(s). As explained in the latter case, "[t]he argument addresses the minds of the jury to the deterrence of designated 'potential killers' rather than the penalty to be adjudged to the defendants. Defendant not only demonstrates, but glories in his readiness to commit murder, rape, and torture. (P. But when defendant appeared at the window, an announcement of purpose before arresting him would have been hazardous. Rptr. 2d 720, 729-731 [16 Cal. (People v. Hill (1967) 66 Cal. In the case at bar, the police were furnished a description of defendant's van by Robin R., who was allegedly kidnapped and raped by defendant and Norris in the van. But whether or not counsel was ineffective in this regard -- an issue which cannot be decided upon the present record -- in light of counsel's failure to move to strike the overt-act allegation, the trial court did not err in admitting the evidence. omitted] of the commission of the crime for which such arrest is made. 794, 710 P.2d 861], endorsed the Wiley definition of murder by torture, and relied upon it to cure deficiencies in the instructions on torture-murder special circumstances. (Norris did not describe any torture of Gilliam.) This would have enabled his attorney to research Douglas's background, prepare for his testimony and assess whether they should have modified the defense strategy in light of Douglas's expected testimony. For memorials with more than one photo, additional photos will appear here or on the photos tab. 3d 242, 250 [108 Cal. 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. This flower has been reported and will not be visible while under review. Upptck. Nothing has made me react like this before. [48 Cal. 2278].) The prosecution did not introduce the book in its case-in-chief, but made use of it, over defense objection, in cross-examining defendant. 762.). The right to voir dire, like the right to peremptory challenge at issue in Coleman, supra, 46 Cal. 3d 392 [174 Cal. fn. On June 24, 1979, defendant was driving the van, with Norris as passenger, on the Pacific Coast Highway in Redondo Beach. Becoming a Find a Grave member is fast, easy and FREE. Coleman in turn relied on the decision of the United States Supreme Court in Ross v. Oklahoma (1988) 487 U.S. p. 81 [101 L. Ed. FN 16. Defendant was arrested pursuant to a "Ramey" arrest warrant fn. Thus there is no evidence to support an instruction on the crime of false imprisonment. (See People v. Fosselman (1983) 33 Cal. Your new password must contain one or more uppercase and lowercase letters, and one or more numbers or special characters. Defendant signed autographs for other prisoners using that nickname. Defendant's attorney had just learned that Lloyd Douglas would be a witness against defendant, and asked for additional time in which to investigate Douglas. Defendant then drove into the mountains, driving beyond the site of the other two murders. Although the trial court's policy is understandable in light of what we said in Hovey, supra, 28 Cal. App. 3d 934, 938 [109 Cal. But the officers, having seized defendant at the window, could not release him without giving him a chance to grab a weapon and resist entry. Roy Norris and Lawrence Bittaker, known as "the Toolbox Killers," recorded the torture of their victims through photos and tapes. But evidence that they committed some other crime would ordinarily be inadmissible. He then commented, without objection, that the jurors should make a consistent finding on all of the murders because "you have a chance of having your wishes carried out, as this case goes through the appellate court, more if you are consistent in your findings. An autopsy revealed that, in addition to having been sexually violated, she had died of strangulation after receiving Question three asked: "Do you have such a conscientious opinion or religious conviction regarding the death penalty that if you found the defendant guilty of murder in the first degree and you found the special circumstances alleged to be true, that you would automatically find the penalty to be life imprisonment without the possibility of parole?" But the further implication that Norris had no history of violent rape probably could not have been cured without informing the jury that Norris had such a history. In 1987, Paul Bynum, who had been the chief investigator of the Bittaker-Norris murders, committed suicide at age 39. [16] The denial of a peremptory challenge to which defendant is entitled is reversible error when the record reflects his desire to excuse a juror before whom he was tried. ", This court has held that sections 844 and 1531 are "identical in principle,"so although section 844 does not expressly require notice of the arresting officer's authority, this type of notice is "an integral part of the rule stated in section 844." The defense objected to the judge's rulings denying its challenges for cause to five jurors, but used peremptory challenges to dismiss those jurors. The horrifying tape, which featured Ledford screaming and begging for her life, proved instrumental during Bittaker's trial in 1989. 457, 545 P.2d 833]; People v. Delgado (1973) 32 Cal. 123]) because here the sole ground asserted by the People to justify the warrantless search of defendant's motel room was consent. After Norris also raped Gilliam, they retied the girls, and all remained in the van over night. Although found in contempt of court, he refused to divulge their exact location, and a police search failed to find them. Juror Martin, asked whether she would automatically vote in favor of death, responded, "That's hard to say." He then pushed the ice pick through Gilliam's ear; she screamed and fell dead. fn. Failed to remove flower. He started to say "that's the type of question that you " but the judge interrupted and sustained the objection. ). 2d 497, and North v. Superior Court, supra, 8 Cal. 3d 1066] (At this point, according to Douglas, defendant tortured Gilliam. (People v. Harris, supra, 36 Cal. 3d 1100] that, absent the error in question, the jury would have reached a different result. ", Finally, after reviewing the evidence in the case and discussing the statutory factors, the prosecutor concluded: "What has this monster earned? Finally, defendant testified that Shirley Ledford agreed to sexual acts for money, and to making of a tape. omitted.). 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. Nye observed expressly that the trial judge had excused only those jurors whose answers made their disqualification unmistakably clear, and said there was no need for further examination of those particular jurors. Juror Staggs had heard something about the case on television and in the newspaper. fn. The body had extensive bruising and tearing on the breasts, On September 2, 1979, Jacqueline Gilliam, age 15, and Leah Lamp, 13, were hitchhiking in Redondo Beach. 345].). Rptr. ), and it also stated that "examination of the vehicle turned up additional evidence linking [defendant] with the crime." This case is one in which the evidence of aggravation was unusually strong. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. based on information from your browser. He [48 Cal. Since that classification is a technical one, which would have to be explained to the jury, and when explained would add little to the case, we believe the trial court's ruling was within its discretion. Defendant signed autographs for other prisoners using that nickname screaming and begging for her life proved. The other two murders buttons to navigate, or jump to a `` Ramey '' arrest warrant fn finally defendant. ( see People v. Ramey ( 1976 ) 16 Cal was hitchhiking from! 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