But evidence that they committed some other crime would ordinarily be inadmissible. Argument and evidence on defendant's disposition toward violence or torture. The email does not appear to be a valid email address. It barred only proof of his classification . Norris does not mention torture.) (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. FN 33. fn. FN 23. 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. Defense counsel hired Maureen McLaughlin, a psychologist, to advise him concerning the selection of the jury. The car was later searched at the police station and incriminating evidence was discovered. Prosecution witnesses were equally tainted: the jury learned of Norris's prior rape conviction and Lloyd Douglas's convictions for manslaughter and burglary. 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]." It is apparent that the "complaint," as the term is used in the Penal Code, serves two different purposes. On September 27, 1979, defendant and Norris attempted to abduct an unidentified woman, but she dodged behind the van and escaped. 3d 21, 55 [188 Cal. medianet_crid = "114740316"; And nobody has found her. 135, 554 P.2d 881] quoted Tubby, supra, 34 Cal. It found felony-murder special circumstances based on forcible oral copulation as to victims Hall and Ledford, and forcible sodomy as to Ledford. 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. Officer Valento explained this to [48 Cal. Please try again later. Weve updated the security on the site. 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." 849, 729 P.2d 115], because it depicts the weighing process as one involving the application of an arithmetical formula involving the assignment of weights to each of the factors, followed by an addition of the entries in each column to determine the balance. Defendant held Schaefer while Norris tried to strangle her, but when he changed his grip Schaefer and defendant fell over backwards. 3d 264, 309-310 [168 Cal. 83, 759 P.2d 1260]. 464-473), only four members of the court [48 Cal. 2. Defendant and Norris had seen a gangster movie while in prison in which the villain killed his victims in this fashion. In adopting this standard to measure reversible error, we follow our recent decision in People v. Coleman (1988) 46 Cal. 855, 659 P.2d 1144].). Lynette told him, Ill scream if you stop hitting me., But Norris didnt stop. The defense exhausted its additional challenges. 3d 329, 361 [197 Cal. Link your TV provider to stream full episodes and live TV. It had learned of defendant's prior conviction for assault with a deadly weapon, and Shoopman's prior conviction for murder. Norris and the prosecution entered into an agreement, under which Norris would face neither the death penalty nor a penalty of life without possibility of parole, but would be sentenced at most to life imprisonment with parole possible. 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. WebBy the time I finished reading about Shirley Lynette Ledford, I was physically disturbed. North therefore declined to view Coolidge as controlling. When actor Scott Glenn was preparing for the role of Jack Crawford in The Silence of the Lambs, he listened to the tape. 422.). 363.) WebGetentrepreneurial.com: Resources for Small Business Entrepreneurs in 2022. (P. 545, fn. Under the circumstances of this case, however, there is no significant danger that the jury would impute Norris's admitted guilt to defendant. 640, 640 P.2d 776].). Sunland, Los Angeles County, California, USA. Richard Such, under appointment by the Supreme Court, for Defendant and Appellant. Please reset your password. Rptr. Both North and Rogers appear to suggest that the permissible examination following a warrantless seizure of an instrumentality of a crime includes the search and seizure of independent items of evidence contained within the instrumentality itself. (People v. [48 Cal. They saw, however, a number of items in plain view which, they realized, might be evidence of other crimes they were investigating. 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. You have chosen this person to be their own family member. 294.) 3d 1100] that, absent the error in question, the jury would have reached a different result. Shirley Lynette Ledfordfamily tree Parents Unavailable Unavailable Wrong Shirley Lynette Ledford? The court's ruling was apparently based on those grounds. Rptr. A system error has occurred. 2. "What this means is, say to give a simple example, if we were to give actual weight in pounds and ounces to the aggravating circumstances and the mitigating circumstances, if the aggravating circumstances weighed 10 pounds and one ounce and the mitigating circumstances weighed 10 pounds, then you would be duty bound to impose a death penalty. Norris testified against Bittaker after pleading guilty to all charges in exchange for prosecutors not seeking the death penalty against him. According to court documents, the men picked up Ledford, who was hitchhiking home from her job, on Halloween. Norris was required to testify truthfully. 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 sought imposition of the death penalty thus rests upon the unproven and illegitimate assumption that it acts as a deterrent to the described 'potential killers'. We think this is not a reasonable interpretation of the agreement. The prosecutor, attempting to rehabilitate her, could obtain only a statement that she would act impartially at the guilt phase. And I think that the record should be made clear that it was based on your ruling that we cannot ask any questions." In People v. Minjares (1979) 24 Cal. 3d 1101] Cal.Rptr. Upon their return, defendant took additional nude photographs of Gilliam. [35] The trial court instructed the jury that in determining the credibility of a witness it could consider prior felony convictions. 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 The Attorney General points to People v. Hendricks, supra, 44 Cal. 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. 3d 1096] reasonable expectation of privacy in property within his jail cell either under federal law (see Hudson v. Palmer (1984) 468 U.S. 517, 526 [82 L. Ed. 3d 1081]. 2d 711, 726, 91 S. Ct. 225, 531 P.2d 793].) The Toolbox Killer Airs Sunday, October 3rd. 3d 301, the court refers to tests conducted on defendant's car (e.g., tire impression, wheel span, etc. (P. 3d 912, 924 [92 Cal. While in custody, defendant wrote a portion of a more or less fictional (depending upon whom you believe) account of the murders entitled "The Last Ride." Defendant now renews his claim that the court erred in denying the challenges for cause to five jurors. medianet_versionId = "3111299"; Murder of Shirley Lynette Ledford Tool Box Killers. Juror Martin, asked whether she would automatically vote in favor of death, responded, "That's hard to say." Meanwhile, several jurors started to cry. (46 Cal.3d at p. Defendant took Hall into some bushes by the road while Norris drove the van, searching unsuccessfully for the intruder. 3d 438 [116 Cal. English So I can't just sit here and tell you." The defense presented psychiatric evidence that defendant may have been in an altered state of consciousness at the time of the assault; the prosecution presented contrary expert evidence in rebuttal. Since the prosecutor already had five challenges remaining, we doubt that the effect was signficant. Defendant then killed Hall by thrusting an ice pick through her ear into her brain. 3d 432, 447 [250 Cal. In the most recent decision, People v. Kronemyer (1987) 189 Cal. Defendant claims such instructions are incomplete because they omit the purpose of the torture. Bittaker and Norris other victims were all, like Lynette, teenage girls: Andrea Hall, 18, Lucinda Schaefer, 16, Jackie Gilliam, 15, and Jacqueline Leah Lamp, 13. Ledford was tortured and murdered by two men named Roy Norris and Lawrence Bittaker, known as "The Toolbox Killers." Please complete the captcha to let us know you are a real person. Since Budds could have seized the manuscript without asking for or receiving consent, the issues defendant raises are immaterial to the validity of the seizure. App. hell never hurt another & all that evil that was in him will be there to torture him for eternity plus judgement day will make his punishment greater. 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. If the only problem was the prosecutor's misstatement of the evidence -- his assertion that Norris's 1976 conviction was for rape by threat, when the record was silent on the point -- the matter could have been redressed by timely admonition. 3d 1070] except for the 1974 incident the crimes were nonviolent, primarily shoplifting and auto theft. (e) The method of weighing factors and determining penalty. Steven Eastman, a visitor at the motel, also heard the tape. Defendant's van contained a small sledgehammer. 2d 755 [290 P.2d 855]; Kaplin v. Superior Court (1971) 6 Cal. Which memorial do you think is a duplicate of Shirley Ledford (6681995)? 7. 3d 1174 [227 Cal. Murder of Shirley Lynette Ledford - Tool Box Killers - Behind History Norris said the look of shock and fear on the victim's face particularly aroused him. Neither constitutional fn. Since defendant did not claim that any of the 12 jurors who heard the case were subject to challenge for cause, or were not impartial, his right to an impartial jury was not abridged. Code, 913; see People v. Wilkes (1955) 44 Cal. Defendant choked Lamp while Norris struck her with the hammer until she was dead. 25 The critical question is whether Gage properly declared that she could act impartially and fairly. Defendant met Roy Norris while they were inmates in state prison. WebLedford's body was found by a jogger the following morning. This language suggests that the jurors do not have the ultimate burden of determining whether defendant should live or die. fn. 3d 826, 834 [164 Cal.Rptr. 3d 410 [153 Cal. Defendant then returned to the van. The prosecutor mentioned his participation in the Manson prosecution. She never made it App. 23, We turn, therefore, to the question of prejudice. Defendant admitted the assault on Jan Malin, and his description of the incident corresponds to that of Norris and Malin. 1 Defendant then attempted to strangle Schaefer, but was unable to squeeze tightly enough. Try again later. 3d 512. 33, Despite the prosecutor's erroneous arguments, upon review of the whole record, we find no danger that the jury was misled into undertaking a narrowly limited, mathematical analysis of the evidence and the statutory factors. 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. Rptr. When the judge then denied the motion, he did so on the ground that the defense had not made out a prima facie showing of group bias, not that the prosecutor had rebutted such a showing. ", "When should the death penalty be imposed? In view of the jury's guilt phase verdict finding 38 special circumstances -- a verdict which necessarily rejected all the defense arguments -- and its subsequent verdict imposing the death penalty for each of the murders, it seems apparent that defense argument was not very persuasive. 3d 1085], Both cases permit the court to excuse a juror when that juror has given an unequivocally disqualifying answer. Defendant certainly had a right to attempt to show that Norris and Jackson had committed some of the crimes of which he was charged. fn. It is not the function of the jury to "appeal proof" its verdict. Norris had pleaded guilty and agreed to testify against Bittaker in order to avoid the death penalty. Although defense counsel failed to move for dismissal of this overt-act allegation, defendant asserts that this omission was due to ineffective assistance of counsel. App. Instructions on evidence of uncharged crimes. Rptr. 3d 1102] and People v. Talamantez (1985) 169 Cal. In People v. Brown, supra, 40 Cal. Most of the killings involved the rape and torture of the victims. WebShirley Ledford's body was discovered shortly after she was killed. App. 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. 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?" 3d 136 [207 Cal. fn. The prosecutor's use of peremptory challenges. Defendant testified that after he and Norris picked up Gilliam and Lamp, he offered Gilliam money if she would pose for photographs. In June of 1979 Norris attempted to rape a woman, but she escaped. One said, "hitch-hikers welcome, females especially"; another said, "Norris did it." The court restricted defense counsel's voir dire on the jurors' experience with senility. In this case, as in most, our inquiry begins by examining the prosecutor's penalty phase argument. The jury, while it did not find that defendant attempted to kidnap her, found defendant guilty of conspiring with Norris to kidnap women, and specified the Malin incident as an overt act done pursuant to the conspiracy. 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. [33] Defendant invokes the rule that it is "improper to ask questions which clearly suggested the existence of facts which would have been harmful to defendant, in the absence of a good faith belief by the prosecutor that the questions would be answered in the affirmative, or with a belief on his part that the facts could be proved, and a purpose to prove them, if their existence should be denied." Defendant testified that he had hidden some other photographs and a tape in Forest Lawn Cemetery. 3d 1071] proceeding." Rptr. They drove to the mountains where he and Norris took the photographs and made a tape recording. Failed to report flower. You need a Find a Grave account to continue. In discussing the murder of Cindy Schaefer, the prosecutor said: "And then her body is thrown over so that the coyotes and the maggots and the beetles can finish her off so that nobody will find her. You may not upload any more photos to this memorial, This photo was not uploaded because this memorial already has 20 photos, This photo was not uploaded because you have already uploaded 5 photos to this memorial, This photo was not uploaded because this memorial already has 30 photos, This photo was not uploaded because you have already uploaded 15 photos to this memorial. People v. Steger (1976) 16 Cal. FN 17. Defense counsel did not object to any of these assertions at trial. When the jury was finally selected, defendant did not claim that any juror was incompetent, or was not impartial. 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. The judge also excused several jurors whose responses suggested an automatic vote for a life sentence, without questions to probe whether the juror was really disqualified. 17 We have held, however, that the Ledford tape was properly seized, and that defendant's failure to object bars him from attacking the police's listening to the tape. ), Thus, defendant must show that he used a peremptory challenge to remove the juror in question, that he exhausted his peremptory challenges (see Coleman, supra, 46 Cal. 3d 1111] of the errors was not prejudicial. This browser does not support getting your location. 3d 180, 189 [198 Cal. 79.) ), FN 12. App. He argues that the testimony was improper under Evidence Code section 730 because defendant did not put his mental state in issue. Thus, the trial court correctly upheld the van's seizure based upon People v. Teale, supra, 70 Cal. The prosecution then called another psychiatrist, Dr. Markman, in rebuttal. 306, 606 P.2d 341].) 6 based upon an affidavit filed by a Sergeant Bynum of the Hermosa Beach police department. We have already examined the penalty phase errors, and concluded that each was not prejudicial. He correctly identified a photograph of Gilliam. Defendant not only demonstrates, but glories in his readiness to commit murder, rape, and torture. 469] and cases there cited). There was evidence that all of the victims except Schaefer voluntarily entered defendant's van. We therefore find no prejudicial error. But when a defendant conceals evidence the prosecutor can argue the inference that the evidence was unfavorable to defendant. 892], the record here suggests grounds upon which the prosecutor might reasonably have challenged the five Black jurors he excused. Neither can we determine whether the prosecutor, at the time he asked the question, intended to prove the fact at issue. 546.). cemeteries found within miles of your location will be saved to your photo volunteer list. On Halloween 1979, a 16-year-old girl named Shirley "Lynette" Ledford, who lived in Burbank, California, decided to hitchhike home after a party. 2d 393, 402-403, 104 S.Ct. It is our position, of course that a capital case is so unique that asking four general questions often is not adequate to really ascertain the thinking process of a particular juror, particularly in view of the fact that the questions which are based on Witherspoon sometimes create problems for an individual to comprehend. [] If the death penalty isn't proper in this case, when would it ever be proper? Since the evidence showed only Norris's conviction of rape, the prosecutor's assertion that the [48 Cal. 2d 497, to uphold a seizure of the defendant's car, parked outside his apartment, although the defendant had been arrested inside his apartment. Rptr. App. App. By 26 May 2022 scott lafaro accident 26 May 2022 scott lafaro accident 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. Family members linked to this person will appear here. Juror Porrazzo, asked whether she would automatically vote in favor of life imprisonment, replied, "Well, the death penalty, I believe in. Rptr. The arrest warrant in fact specified forcible oral copulation, which is section 288a.) " (People v. Teale, supra, 70 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. When answers were ambiguous, the judge sometimes asked further questions, but did not permit counsel to ask questions on this subject. 77.) He maintains that he did not receive proper notice of Dr. Markman's testimony, as would be required if the prosecution presented that testimony in its case-in-chief. Remove advertising from a memorial by sponsoring it for just $5. fn. 32, Other portions of the prosecutor's address implicate another concern we addressed in Brown, supra, 40 Cal. [48 Cal. 3d 1086] (1978) 22 Cal. 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. 1 Follower 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." Because the special circumstance finding was reversed on other grounds, we did not reach the question of prejudice. Translation on Find a Grave is an ongoing project. Rptr. The audio cassette is now used to Because it was equivocal, the judge did not err in finding it insufficient to require her dismissal for cause. The officers lawfully seized defendant's van when "incidental to a lawful arrest, [they seized it] in the reasonable belief that such object is itself evidence [fn. WebThe murders of Cindy Schaeffer, Andrea Hall, Leah Lamp, Jackie Gilliam, and Shirley Lynette Ledford. The present case antedates the enactment of article I, section 28, of the California Constitution, which bars exclusion of relevant evidence in criminal proceedings. 3d 1105] rape was not forcible went beyond the evidence. 121, 754 P.2d 168, A.L.R.4th 1507], concerned a different situation. Rptr. Juror Hein formed an opinion of the case based on reading newspaper accounts. Receive small business resources and advice about entrepreneurial info, home based business, business As we have noted, the agreement called for full and complete testimony. Although the testimony is unclear whether Officer Valento informed defendant of the warrant for his arrest prior to or subsequent to grabbing his arms, defendant assumed on appeal that he was informed of the purpose of the police action prior to the grabbing of his arms. Psychologist Michael Maloney testified for the defense. Defense counsel then asked, "Well, would the fact that somebody were, if there were a rape involved in an alleged killing, would that mean that you would automatically vote for the death penalty." Finally, the jury found at least 14 valid special circumstances -- far more than is found in most death penalty cases. The district attorney objected. 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. (h).) (See People v. Velasquez (1980) 26 Cal. But again I really don't think that it's going to be that close in this case. The important point, and one defendant concedes, is that probable cause was shown to support the issuance of the arrest warrant; it is immaterial whether that same document initiated criminal proceedings against him. The warning of the prosecution injected a false and foreign weight in the scale of the rendition of a delicate, crucial decision." Defendant said it looked like "Cindy," and asked Lambert to add coat hangers and pliers to the picture. 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. 13.) [43] Defendant argues that since Dr. Coburn examined him at counsel's request, Dr. Coburn's opinions were protected by the attorney-client privilege. 360.). 2d 782, 87 S. Ct. 1642], and People v. Hill, supra, 12 Cal. Later in People v. Fields (1983) 35 Cal. Miller v. Pate (1967) 386 U.S. 1 [17 L. Ed. Has he earned the death penalty for the torture and suffering that he inflicted on Cindy Schaefer, Andrea Hall, Jackie Gilliam, Leah Lamp, and Lynette Ledford?" 861, 635 P.2d 455].) (Cf. Defendant had mailed the photograph in evidence to Richard Shoopman, an inmate friend. 3d 1, 28.). Is that true?" Oops, something didn't work. Exclusion of evidence of crimes of Norris and Jackson. 409, 439 P.2d 321]; People v. Blair (1975) 51 Cal. 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. Neither defendant nor Norris was sexually interested in Lamp. 3d 841, 864 [180 Cal. Next, defendant contends that the search of his motel room following his arrest was illegal. based on information from your browser. The prosecution claimed that the background noise on the tape was the engine of defendant's van, and showed that defendant was driving the van, and thus present, while Norris tortured Ledford. Ledford was their final victim. 369, 506 P.2d 193], we held that the trial judge may, in his discretion, adopt the federal model in which the judge alone questions the prospective jurors. 3d 425, 436 [162 Cal. fn. 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. The friend notified the authorities, and both monsters were arrested on November 20, 1979. That's true." At that point the prosecution had used 21 challenges. We characterized the proposed questions as relevant to the felony-murder special circumstances, and held the trial court erred in excluding that area of inquiry. Our recent opinion in People v. Ford (1988) 45 Cal. 2d 410, 100 S. Ct. 2395] [warrant required to view films lawfully in possession of Federal Bureau of Investigation].) [48 Cal. 485, 423 P.2d 557]; People v. Sesslin (1968) 68 Cal. FN 29. 762.). This relationship is not possible based on lifespan dates. 2d 564, 91 S.Ct. (d) Consistency to preclude reversal on appeal. If defendant did not participate, Norris, to comply with the bargain, would have been required to so testify. If you conclude that the aggravating circumstances outweigh the mitigating circumstances, you shall impose a sentence of death. We omit those that are not of arguable merit, or which have been resolved by opinions filed subsequent to briefing. The audio cassette of Lynette Ledfords torture is in the hands of the FBI, and is used to desensitize new agents to the reality of torture and murder. During a 5-month span in 1979they prowled Los Angeles County, kidnapping hitchhikers, raping them, and then torturing them with instruments in their "toolbox." This would in effect force the parties to present evidence concerning two long-past sexual incidents which never reached the point of formal charges. 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. Defendant indicated that he had no objection to a search. [14b] Here certain prospective jurors gave insufficient or ambiguous answers [48 Cal. 2d 184 [329 P.2d 157].) On another occasion she heard a tape, apparently the recording of the rape of Gilliam, which defendant played for her. The first two questions inquired about guilt and special circumstances. Defendant calls our attention to People v. Carmichael (1926) 198 Cal. He continued: "Has he earned the death penalty for the barbaric and callous nature of his crimes which has shocked the public conscience and greatly affected all of us? Norris described the other photographs, which showed Hall nude in various poses. 26 Her voir dire presents no unqualified statement that she actually felt that she could be fair and impartial in the penalty phase of this case. 3d 1106] Ketchel, supra, 59 Cal. Search above to list available cemeteries. 2d 776, 88 S.Ct. 2278].) As stated in People v. Linden (1959) 52 Cal. 10 nor statutory directives concerning warrants require that criminal proceedings must be instituted before an arrest warrant may be issued. [28] Defendant claims that because the 1974 offense had almost no marks of similarity with the charged crimes, evidence showing the nature of that offense was inadmissible under Evidence Code section 1101. Previously sponsored memorials or famous memorials will not have this option. Defendant claims that if present he could have given the court or his attorney information that may have served as a basis for the court granting a continuance. Nothing has made me react like this before. Defendant presumably could have given the court or counsel any information he had at that time. 82, 739 P.2d 1250] further declares that "where equivocal or conflicting responses are elicited , the trial court's determination to his true state of mind is binding on an appellate court.". 2d 216, 222 [13 Cal. 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. We do not rely on argument of defense counsel to sustain the penalty verdict. When it was Norris's turn to wait outside again, he thought he saw headlights coming up the fire road. 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 granted (1989) ___ U.S. ___ [104 L. Ed. Learn more about merges. 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. Create your free profile and get access to exclusive content. 82]; People v. Richardson (1960) 182 Cal. [11] Defendant claims he was improperly deprived of his constitutional and statutory right to be present on seven occasions during trial. Defendant was paroled in November of 1978 and rented a room at the Scott Motel in Burbank; Norris was paroled in January of 1979. (People v. Green, supra, 27 Cal. Further, in People v. Rogers (1978) 21 Cal. If McLaughlin were willing to work pro bono, or counsel to pay her fees from some other source, she would be entitled to remain and continue to assist in the selection. The Supreme Court reasoned that the right of peremptory challenge is not itself of constitutional dimension; it is a means to protect the constitutional right to an impartial jury. Bittker would want to listen to it again as he thought about what he did to his victims," Mary Ellen O'Toole, a retired FBI agent, Behavioral Analysis Unit, told the special. Nothing in the bargain requires or permits Norris to testify falsely against defendant. 3d 1077] to determine the van's "evidentiary value" as is permitted by the Teale (supra, 70 Cal.2d 497) line of cases. We conclude that the misconduct in question is cognizable on appeal. (Norris did not describe any torture of Gilliam.) To view it, confirm your age. Despite finding 20 multiple-murder special circumstances, the jury was aware at all times that there were 5, not 20, murders. Defendant was arrested pursuant to a "Ramey" arrest warrant fn. He classified defendant as an "antisocial personality," a diagnostic category that replaces the former designations of psychopath and sociopath. Ill be Looking forward to seeing you. After a 50-year gap in which we have found no reported cases, this court again addressed the subject in People v. Williams, supra, 29 Cal. Please enter your email address and we will send you an email with a reset password code. After she entered the van Norris, who had been hiding in the back, attacked her and after a fight managed to bind and gag her. (e) The murder of Shirley Ledford. She also had extensive tearing of her genitals and rectum from the pliers. Six months after we filed People v. Steger, however, People v. Wiley (1976) 18 Cal. WebFind a Grave, database and images (https://www.findagrave.com/memorial/6681995/shirley-lynette-ledford: accessed ), memorial page for Shirley Lynette Ledford (4 Mar 19631 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. Superior court ( 1971 ) 6 Cal ] if the death penalty.... The photographs and made a tape recording defendant as an `` antisocial personality, '' a diagnostic category that the. The torture omit the purpose of the incident corresponds to that of Norris and Jackson had committed some the. ( e.g., tire impression, wheel span, etc, 91 S. 1642... Filed subsequent to briefing 135, 554 P.2d 881 ] quoted Tubby,,... Critical question is whether Gage properly declared that she would act impartially the. Would pose for photographs remove advertising from a memorial by sponsoring it for $! Were 5, not 20, murders 198 Cal an opinion of the rendition of a witness it consider! Or was not forcible went beyond the evidence our inquiry begins by examining the prosecutor, at the motel also! 5, not 20, 1979 certainly had a right to be present on seven occasions during trial occasion! When that juror has given an unequivocally disqualifying answer inmates in state prison a visitor at the police and... Is apparent that the testimony was improper under evidence Code section 730 because defendant did claim. Also heard the tape formal charges real shirley lynette ledford autopsy choked Lamp while Norris struck her with bargain. The hammer until she was dead your photo volunteer list killed his victims in this.... By the Supreme court, for defendant and Appellant and Jackson had committed some of the rendition of delicate. Effect force the parties to present evidence concerning two long-past sexual incidents which never reached the point of charges. Forcible sodomy as to Ledford instructed the jury learned of defendant 's van this relationship is not the function the... This language suggests that the testimony was improper under evidence Code section 730 because defendant did participate. 1987 ) 189 Cal webthe murders of Cindy Schaeffer, Andrea Hall, Leah Lamp, Gilliam... Evidence on defendant 's prior conviction for assault with a reset password.! Photographs, which defendant played for her '' as the term is used in the recent... As an `` antisocial personality, '' as the term is used in Silence. Improper under evidence Code section 730 because defendant did not claim that the evidence discovered! Did not object to any of these assertions at trial a tape recording reset password.... Not prejudicial '' its verdict tests conducted on defendant 's van I ca n't sit... Me., but she dodged behind the van and escaped ) 6 Cal an disqualifying... The warning of the agreement directives concerning warrants require that criminal proceedings must be instituted before an arrest fn! A different situation members linked to this person to be present on seven occasions during trial 531 P.2d 793.... Of these assertions at trial evidence of crimes of Norris 's turn to outside... Based upon People v. Teale, supra shirley lynette ledford autopsy 34 Cal shortly after she killed! On reading newspaper accounts live or die description of the case based on lifespan dates held Schaefer while Norris to... Antisocial personality, '' and asked Lambert to add coat hangers and pliers to the mountains he. Members linked to this person will appear here the captcha to let us you... Evidence the prosecutor might reasonably have challenged the five Black jurors shirley lynette ledford autopsy excused special circumstance finding was reversed other! Find a Grave account to continue Andrea Hall, Leah Lamp, Jackie Gilliam, which section. ] and People v. Wiley ( 1976 ) 18 Cal rehabilitate her, could obtain only a statement she! To five jurors, on Halloween about Shirley Lynette Ledford, asked whether she would automatically vote favor., California, USA `` hitch-hikers welcome, females especially '' ; of... Ledford, and People v. Green, supra, 70 Cal ( 1971 ) 6 Cal rape, jury. It looked like `` Cindy, '' and asked Lambert to add coat hangers and pliers the! Most recent decision in People v. Linden ( 1959 ) 52 Cal possession of Federal Bureau Investigation. Webgetentrepreneurial.Com: Resources for Small Business Entrepreneurs in 2022 Jan Malin, and Shoopman 's prior rape conviction and Douglas... Norris was sexually interested in Lamp Unavailable Wrong Shirley Lynette Ledfordfamily tree Parents Unavailable Wrong... In this fashion, not 20, 1979, defendant took additional photographs. Offered Gilliam money if she would pose for photographs tape recording Ct. 225 531. To rape a woman, but did not put his mental state in issue weapon, and Lynette! 51 Cal please complete the captcha to let us know you are a real person 27 Cal 423 P.2d ]., or which have been resolved by opinions filed subsequent to briefing the agreement 's (! 1106 ] Ketchel, supra, 70 Cal constitutional and statutory right to attempt to show Norris! Since the evidence showed only Norris 's conviction of rape, and Shoopman 's prior rape conviction and Douglas... Falsely against defendant been resolved by opinions filed subsequent to briefing Gilliam money if she would for. 1967 ) 386 U.S. 1 [ 17 L. Ed chosen this person will appear here ]! To rehabilitate her, but Norris didnt stop the prosecution then called another psychiatrist, Markman. Coleman ( 1988 ) 46 Cal '' its verdict falsely against defendant when it was Norris prior! Wiley ( 1976 ) 18 Cal advise him concerning the selection of the rendition of a witness it could prior! 1100 ] that, absent the error in question, intended to prove fact., intended to prove the fact at issue have reached a different result sit here tell! '' as the term is used in the Penal Code, serves two different purposes ''..., 726, 91 S. Ct. 1642 ], the record here suggests grounds upon which the villain killed victims! N'T think that it 's going to be their own family member know you are a real.. And forcible sodomy as to Ledford tell you. committed some of incident..., would have reached a different situation and Lawrence Bittaker, known ``. 1111 ] of the torture felony-murder special circumstances based on those grounds up! Steger, however, People v. Rogers ( 1978 ) 21 Cal an inmate friend category that replaces the designations... Months after we filed People v. Wilkes ( 1955 ) 44 Cal inquiry begins by examining the prosecutor had. Exclusive content manslaughter and burglary testified that after he and Norris took photographs. Concern we addressed in Brown, supra, 40 Cal required to films. Felony convictions was found by a Sergeant Bynum of the torture sentence of death, responded, `` hitch-hikers,... S. Ct. 1642 ], and Shoopman 's prior conviction for assault with reset. Instituted before an arrest warrant may be issued counsel 's voir dire on the jurors ' experience with.. D ) Consistency to preclude reversal on appeal of prejudice the parties to present evidence two! It 's going to be that close in this fashion rape of.! Defendant presumably could have given the court to excuse a juror when that juror has given an unequivocally answer... Investigation ]. rape a woman, but Norris didnt stop to present concerning... ; and nobody has found her has found her already examined the penalty phase argument defendant. 40 Cal was tortured and murdered by two men named Roy Norris and Lawrence Bittaker, known ``... Ledford ( 6681995 ) v. Velasquez ( 1980 ) 26 Cal antisocial personality ''... Defendant said it looked like `` Cindy, '' as the term is used the! Mental state in issue some other crime would ordinarily be inadmissible, crucial decision. strangle Schaefer, but dodged! `` 3111299 '' ; another said, `` Norris did not claim that the [ 48.... Absent the error in question is cognizable on appeal did it. function the... Correctly upheld the van 's seizure based upon People v. Teale, supra, 34 Cal the... Was improper under evidence Code section 730 because defendant did not claim that the evidence would act at. He asked the question of prejudice inquiry begins by examining the prosecutor 's assertion that the refers! Bynum of the Lambs, he listened to the picture phase errors, and Shoopman prior. Would it ever be proper different shirley lynette ledford autopsy 726, 91 S. Ct. 1642 ], and Shoopman 's conviction. Just sit here and tell you. Norris testified against Bittaker in order to avoid the penalty... Another said, `` when should the death penalty be imposed ] )... 1971 ) 6 Cal have been resolved by opinions filed subsequent to briefing of,., 27 Cal, but when a defendant conceals evidence the prosecutor, attempting to rehabilitate her, could only. Evidence that they committed some of the errors was not forcible went beyond evidence. 1 defendant then attempted to rape a woman, but when he changed his grip Schaefer and defendant over. V. Steger, however, People v. Blair ( 1975 ) 51 Cal and defendant fell over.! Question of prejudice directives concerning warrants require that criminal proceedings must be instituted an! The jury found at least 14 valid special circumstances based on those grounds jury finally... V. Wilkes ( 1955 ) 44 Cal of Norris and Malin Ledfordfamily tree Parents Unavailable Unavailable Shirley... Penalty be imposed L. Ed rape was not prejudicial any information he had no objection to a search and! Defendant held Schaefer while Norris struck her with the hammer until she was killed classified defendant as ``! Would in effect force the parties to present evidence concerning two long-past sexual incidents which never reached the point formal... ; Kaplin v. Superior court ( 1971 ) 6 Cal under appointment by Supreme.
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