And I think I would have a tendency to have a saturation point perhaps below what other people -- an anger point, perhaps, or something to that effect. 7. 363.) 638-639.) Shoopman denied receiving such a letter, and the prosecutor did not mention the matter further. 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. (People v. Harris, supra, 36 Cal. ), and it also stated that "examination of the vehicle turned up additional evidence linking [defendant] with the crime." Belief in the truth of the assumption that sentencers treat the power to determine the appropriateness of death as an 'awesome responsibility' has allowed this Court to view sentencer discretion as consistent with the Eighth [Amendment] ." (Pp. Shirley Lynette Ledford Born March 4, 1963 in California She worked part time at a restaurant Theres hardly any information out there about her An autopsy was done and in addition to the strangulation they saw Rptr. However, as wrong as it may be, I really would like to hear the tape and see the autopsy photos. WebShirley Ledford's body was discovered shortly after she was killed. 7 Thus, defendant does not allege insufficient probable cause; rather, he contends that the procedure and form used for the issuance of the warrant were illegal. Norris testified against Bittaker after pleading guilty to all charges in exchange for prosecutors not seeking the death penalty against him. However, defendant is unlikely to have suffered prejudice as a result of his absence. Despite this inconsistency, the fact that Ms. R. positively identified defendant in a photographic lineup, in addition to the fact that her description of the van closely approximated its actual appearance, create sufficient probable cause for the arresting officers to seize the van as an instrumentality of a crime. 547.). 3d 162 [133 Cal. Oops, some error occurred while uploading your photo(s). Rptr. 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. 1454].) During voir dire, Juror Gage stated that "before I ever came here, I felt in my head he was already guilty." [7] Defendant contends that the warrantless seizure of his van following his arrest was illegal because the officers did not come upon the van "inadvertently" (Coolidge v. New Hampshire (1971) 403 U.S. 443 [29 L. Ed. What a horrible story. 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. [35] The trial court instructed the jury that in determining the credibility of a witness it could consider prior felony convictions. The court overruled defendant's objection. WebShirley Ledford was on her way home from a Halloween party when she was taken from outside a gas station in the Sunland-Tujunga suburb of Los Angeles on Oct. 31, 1979. According to defendant's offer of proof, Sergeant Budds asked defendant about the book, fn. In 1987, Paul Bynum, who had been the chief investigator of the Bittaker-Norris murders, committed suicide at age 39. Rptr. When Norris finished torturing Ledford, defendant told him to kill her. Six months after we filed People v. Steger, however, People v. Wiley (1976) 18 Cal. medianet_versionId = "3111299"; Murder of Shirley Lynette Ledford Tool Box Killers. He then pushed the ice pick through Gilliam's ear; she screamed and fell dead. When defendant was tried in 1981, the court apparently overlooked both Wiley, supra, 18 Cal. You can always change this later in your Account settings. Norris drove to a store, keeping in communication by radio. This argument is inconsistent with our opinion in People v. Allen (1986) 42 Cal. Carmichael said that "[n]o authority has been called to our attention which can be construed as holding that section 4 1/2 of article VI [now art. According to KPIX 5, then-Los Angeles County Sheriff Peter Pitchess called the pairs treatment of the girls sadistic and barbaric abuse. An audio recording was played at the trial which contains the voice of a young girl screaming and begging for mercy while she is being raped and tortured, according to court documents, KPIX reported. App. The car was later searched at the police station and incriminating evidence was discovered. Once you decide, if you do, that the aggravating circumstances outweigh the mitigating circumstances, it's automatic." Under these circumstances, it is most unlikely that the jury would have been led by the prosecutor's explanation of the decisionmaking process to refrain from considering whether defendant's conduct warranted the death penalty, and induced instead to engage in a dispassionate analysis of the statutory factors to confirm that the aggravating predominate by at least 50.1 to 49.9 percent. WebHe had served less than three years. If you notice a problem with the translation, please send a message to [emailprotected] and include a link to the page and details about the problem. 309-310; Bloyd, supra, at p. 3d 1097]. WebFull Name Shirley Lynette Ledford Born March 4, 1963 California, United States Died United States (aged 16) Gender Female Race/Ethnicity White Parent (s) Dolores Marie Ledford Or has he earned the lesser penalty of life imprisonment without the possibility of parole? Photos larger than 8Mb will be reduced. We conclude that the misconduct in question is cognizable on appeal. 10 nor statutory directives concerning warrants require that criminal proceedings must be instituted before an arrest warrant may be issued. 3d 301, rejected the defendant's contention that the police must come across the evidence inadvertently, the requirement urged by a minority of the United States Supreme Court in Coolidge v. New Hampshire, supra, 403 U.S. 443. The book itself was not put into evidence. Rptr. McLaughlin was present during this voir dire to assist defense counsel. Budds declined to do so. Rptr. 3d 731, 763 (overruled on other grounds in People v. DeVaughn (1977) 18 Cal. 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. Remove advertising from a memorial by sponsoring it for just $5. fn. After finding several letters from Richard Shoopman to Norris and defendant during the search of Norris's residence, the police became interested in the extent of Shoopman's knowledge of and possession of evidence of the alleged crimes. The prosecution may not comment upon a defendant's failure to call a witness if the defendant has a privilege to bar disclosure of that witness's testimony. There was a problem getting your location. 3d 441 [99 Cal. (adsbygoogle = window.adsbygoogle || []).push({}); Bittaker and Norris offered Lynette a ride home in their van; she accepted because she recognized Bittaker as a regular customer at the restaurant she worked at part time. 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. Lloyd Carlos Douglas testified that defendant told him in detail of the abduction of Gilliam and Lamp, the rape and torture of Gilliam, and the murder of both girls. Hein responded, "That's correct.". 79.) Defense counsel interpreted that answer as an automatic vote for death; the court interpreted it differently. It found felony-murder special circumstances based on forcible oral copulation as to victims Hall and Ledford, and forcible sodomy as to Ledford. 485, 423 P.2d 557]; People v. Sesslin (1968) 68 Cal. Rptr. There is no evidence that any victim went voluntarily to the place of her death, and only then was restrained against her will. 15 Holding that the doctrine did not permit the search of a closed container within a vehicle (p. 423) -- a holding that does not affect the present case -- the court remarked that "[i]f there were any vitality to the 'instrumentality' exception as it applies to automobiles , it would be applicable only to a scientific examination of the object itself, for example for fingerprints, bloodstains, or the taking of tire impressions or paint scrapings." 3d 1222. 3d 512, 538-544, we recognized that the wording of an instruction in the statutory language "leave[s] room for some confusion as to the jury's role" in determining the [48 Cal. Failed to report flower. All of these items were admitted into evidence except for the tapes other than the Ledford tape. On the record before us, Gage showed a commendable ethical concern about her ability to be fair in light of the opinion she had formed. FN 1. Our most recent decision to discuss limitation on voir dire was People v. Fuentes (1985) 40 Cal. On September 27, 1979, defendant and Norris attempted to abduct an unidentified woman, but she dodged behind the van and escaped. Mike Horn, another [48 Cal. We will review the memorials and decide if they should be merged. Section 806 provides in relevant part: "A proceeding for the examination before a magistrate of a person on a charge of an offense originally triable in a superior court must be commenced by written complaint under oath subscribed by the complainant and filed with the magistrate. If defendant did not participate, Norris, to comply with the bargain, would have been required to so testify. But when defendant appeared at the window, an announcement of purpose before arresting him would have been hazardous. 6 based upon an affidavit filed by a Sergeant Bynum of the Hermosa Beach police department. In the penalty phase, defendant presented testimony from Dr. Maloney, a psychologist, who described defendant's history and personality, and concluded that he had an "antisocial personality disorder." Dr. Markman [48 Cal. After about 45 minutes defendant emerged, and the 2 men argued whether to kill Schaefer. [27] He maintains, however, that the objection was also based upon violation of his Fifth and Sixth Amendment rights, because Sergeant Budds asked him for the manuscript without giving Miranda (Miranda v. Arizona (1966) 384 U.S. 436 [16 L. Ed. In People v. Medina (1974) 41 Cal. 534, 547 [246 P. 62], which appeared to find improper limitation on voir dire reversible per se. (See People v. Wheeler, supra, 22 Cal. Upon their return, defendant took additional nude photographs of Gilliam. 3d 512. fn. On further questioning from the judge, she agreed that she "would have to really think about it according to what I felt had preceded." 2d 755 [290 P.2d 855]; Kaplin v. Superior Court (1971) 6 Cal. 8 that a complaint is a document which institutes a criminal proceeding, fn. [6] Finally, defendant argues that even if his consent to the search was voluntary, he did not consent to the seizure of evidence. FN 5. In any case, this remote sort of office gossip would fall within the statute as public rumor. [48 Cal. "Ramey" arrest warrant and affidavit forms resulted from our decision in People v. Ramey (1976) 16 Cal. More seriously, the prosecutor's statement implied that Norris did not have a history of violent sexual assault. Expressing his frustration at being unable to question the juror, counsel challenged for cause, but the court denied the challenge. [S]ome cases are so brutal, so vicious, so horrendous, so inhumane that in order for us to exist as a society, we have to totally repudiate the conduct involved and we have to say, 'we will not accept it, we will not allow it, and the one mainly responsible for it has to suffer the supreme penalty.' (P. [48 Cal. 3d 1062] area. To view a photo in more detail or edit captions for photos you added, click the photo to open the photo viewer. The court afforded the prosecutor a chance to respond -- the prosecutor denied the charge -- and then denied defendant's motion. [18] The challenge to Gage is governed by this section, since she had formed an opinion of the case based upon accounts in a public journal. 855, 659 P.2d 1144].). 2d 690, 696-699 [234 P.2d 300].). (Bittaker subsequently earned the nickname Pliers from his desire to twist and tear girls nipples with his pliers he had used them in the torment of at least one previous victim.). 1. We conclude that the court should have sustained the challenge for cause. Please check your email and click on the link to activate your account. In People v. Minjares (1979) 24 Cal. Likewise his failure to object to the allegedly improper argument bars that issue on appeal. Neither constitutional fn. Rptr. We do not question a judge's discretion to decide that a juror's disqualification is so clear that further voir dire is pointless, and to excuse the juror, but this does not justify denying voir dire when the juror's answers are equivocal and the juror is retained. If requested by Roy Lewis Norris, Superior Court Judge Edward Hinz of the Southwest Judicial District shall determine whether or not there has been an abuse of such authority and discretion." "That tape was going to be used for his own sexual gratification. Their actions turned into a "search," and thus a warrant was necessary. 28 The prosecution objected to taking the original tape from the court, and the court refused to permit any copying. He argues he was prejudiced by his absence (1) from a continuance hearing on the Friday prior to trial; (2) from an in-chambers conference where the trial court advised the district attorney and defense counsel that it would limit [48 Cal. Defendant said that after making the tape he returned to his motel, leaving Ledford with Norris. Although the plurality opinion of Justice Stewart concluded that a seizure could not be justified on the theory that the vehicle was itself the "instrumentality" of the crime because the plain-view doctrine applied only to inadvertent discovery of incriminating evidence (id., at pp. 2d 720, 729-731 [16 Cal. 13. Defendant brought Lamp back to the van, and they drove into town for food and supplies. Explorer Hitta liknande podcasts. ( 1538.5, subd. 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. 3d 542 [146 Cal. Three days after the police seized defendant's van, Sergeant Bynum and another officer entered it to search for bloodstains, semen stains, and other evidence of Ms. R.'s rape. FN 6. [9] Defendant argues that assuming the seizure of the cassette tapes from his van was lawful, it was unlawful for the police to "search" (i.e., listen to) the Ledford tape without a warrant. To use this feature, use a newer browser. Defendant claimed that these figures demonstrate a prima facie case, shifting to the prosecutor the burden to justify the challenges. Search above to list available cemeteries. In closing argument the prosecutor remarked, "And you didn't see Dr. Coburn testify here. He then strangled Hall until she died and threw the body over an embankment into some bushes. Defendant offered her a ride. [48 Cal. Defendant met Roy Norris while they were inmates in state prison. 31 But since any prejudice from the prosecutor's comment could have been cured by a timely objection and admonition, defense counsel's failure to object thus bars consideration of this issue. 3d 258, 280.) (e) The method of weighing factors and determining penalty. defendant said that kidnapping with bodily harm carried a sentence of life imprisonment without possibility of parole. Barring mention that Norris had been adjudicated a mentally disordered sex offender. In that case the witness had a privilege not to testify. [44] The prosecutor argued without objection that "Bittaker was the one with the violent past" and that "Norris had been sent to prison on a rape by threat, not forcible rape, but a rape by threat." A capital sentencing scheme relying on jury discretion, Caldwell said, assumes "'that jurors confronted with the truly awesome responsibility of decreeing death for a fellow human will act with due regard for the consequences of their decision [].' ", FN 10. The United States Supreme Court reversed the penalty, holding that "it is constitutionally impermissible to rest a death sentence on a determination made by a sentencer who has been led to believe that the responsibility for determining the appropriateness of the defendant's death rests elsewhere." The book, entitled "The Last Ride," contained a detailed account of the murder of Lucinda Schaefer by Norris and the author. ", Finally, after reviewing the evidence in the case and discussing the statutory factors, the prosecutor concluded: "What has this monster earned? 2d 679, 687 [284 P.2d 481] [marital privilege]; People v. Lathrom (1961) 192 Cal. (Compare People v. Hoban (1985) 176 Cal. They drove to the mountains where he and Norris took the photographs and made a tape recording. The two men became friends, and frequently discussed their mutual interest in rape, and analyzed methods of abducting and raping women without getting caught. 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. In that decision we offered a number of reasons for rejecting the claim that an erroneous denial of a challenge for cause was reversible per se; the most important, we said, was that "the error here did not result in a jury particularly apt to impose the death penalty, and there is no indication that the jury before which defendant was tried was anything other than fair and impartial." During the first day of jury selection, jurors were questioned individually in chambers concerning their views of the death penalty. Please reset your password. 662]: "Reported decisions in cases interpreting Penal Code section 872 [order holding defendant to answer] have uniformly held that the 'complaint' filed with the magistrate under Penal Code sections 813 and 806 serves only the purpose of providing a basis for the issuance of a warrant of arrest. Defendant contends that the search of Shoopman's cell and seizure of evidence was illegal because the affidavit supporting the warrant contained a reference to the contents of the Ledford tape. Months after we filed People v. Ramey ( 1976 ) 18 Cal ( 1971 ) 6.. Evidence linking [ defendant ] with the bargain, would have been hazardous sexual gratification warrant affidavit... 40 Cal in 1987, Paul Bynum, who had been the chief investigator of the Hermosa police. Tape and see the autopsy photos may be, I really would like to hear tape... A privilege not to testify autopsy photos the photographs and made a recording... 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shirley lynette ledford autopsy