Lynettes autopsy revealed blunt force trauma to the head, face, and breasts, and her left elbow was completely shattered. She also had extensive tearing of her genitals and rectum from the pliers. 77, 655 P.2d 279]. Defendant approached, sprayed her with Mace, and attempted to drag her into the van. 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. The defense exhausted its additional challenges. 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. [O]ne of the questions I do remember was about listening to gruesome testimony. 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. Defendant must show that the error affected his right to a fair and impartial jury. In Nye, supra, 71 Cal. (P. 2d 776, 88 S.Ct. It barred only proof of his classification . Defendant had mailed the photograph in evidence to Richard Shoopman, an inmate friend. 2d 72, with approval (18 Cal.3d at pp. Defendant also claims other portions of the prosecutor's argument were misconduct: 1. One of these photographs, which shows Hall about to perform oral copulation on defendant, is in evidence. 3d 425, 436 [162 Cal. Officer Valento explained this to [48 Cal. 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. The questions concerning the validity of the witness-killing and torture-murder special circumstances are technical matters which do not affect the admissibility of evidence. This account already exists, but the email address still needs to be confirmed. 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 He showed the book to a newspaper reporter who wrote an article describing it. Under the agreement, if the district attorney finds that Norris did not testify truthfully, and Judge Hinz finds no abuse of discretion, the bargain is set aside, and the prosecution may seek the death penalty. Then, towards the middle the sounds are of Bittaker beating her about the chest with his fists and tormenting the screaming and pleading girl with vise grip pliers on her genitals, breasts and nipples. 81 [273 P. 575], the court affirmed a judgment, despite erroneous restriction of voir dire, because defendant confessed from the stand, "the result was just, and would have been reached if the error had not been committed." 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. 532]), and that he was dissatisfied with the jury as selected. Defendant now renews his claim that the court erred in denying the challenges for cause to five jurors. (h).) On cross-examination the prosecutor asked him, "Isn't it a fact, Mr. Shoopman, that he [defendant] wrote you about the rape and killing of a girl in the mountains before September 14?" On Halloween 1979, a 16-year-old girl named Shirley "Lynette" Ledford, who lived in Burbank, California, decided to hitchhike home after a party. The prosecutor then asked, "But you're the one that almost killed a person before with a knife. fn. This page may contain sensitive or adult content that's not for everyone. Rptr. Rather, seizure of any object in plain view which is itself evidence of a crime is legal (ibid.) 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. In order to intelligently exercise the right to challenge for cause defendant's counsel must be accorded reasonable opportunity to lay a foundation for the challenge by questioning the prospective jurors on voir dire to learn whether any entertain a fixed opinion of this nature." 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 [].' 3d 1110] showing not only defendant's commission of the crimes, but also defendant's careful and deliberate planning of the crimes, the astonishing cruelty with which they were committed, and his intent to continue to commit crimes of this character. To view a photo in more detail or edit captions for photos you added, click the photo to open the photo viewer. 4.) 3d 1, 71-75 [168 Cal. 2d 360, 388 [14 Cal. Defendant was known to carry weapons. The court restricted defense counsel's voir dire on the jurors' experience with senility. 2d 418 [67 Cal. Norris described the other photographs, which showed Hall nude in various poses. Ledfords autopsy would reveal evidence of horrific torture, indicating she had been beaten and raped with some form of heavy implements or tools before being At closing argument the prosecutor suggested that the photographs and tapes may show scenes of torture or murder. 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. Ledford was their final victim. WebShirley Lynette Ledford passed awayon 1 Nov 1979in Sunland, Los Angeles County, California, USA. Shoopman denied receiving such a letter, and the prosecutor did not mention the matter further. 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. [43] Defendant argues that since Dr. Coburn examined him at counsel's request, Dr. Coburn's opinions were protected by the attorney-client privilege. (Id., p. Availability of the original Ledford tape. It does not appear that Gage formed any actual opinion based on the office conversation, but simply felt bad for the mother. Defendant's van contained a small sledgehammer. Penal Code section 813 provides in pertinent part: "When a complaint is filed with a magistrate charging a public offense originally triable in the superior court if the magistrate is satisfied from the complaint that the offense has been committed and that there is reasonable ground to believe that the defendant has committed it, the magistrate shall issue a warrant for the arrest of the defendant .". medianet_versionId = "3111299"; The two then switched places, with Norris turning on the tape recorder and then himself ordering Lynette to scream, while hitting her with a sledgehammer. The judge then announced that, although he was satisfied with his rulings on challenges for cause, "I have decided to give you two additional peremptories in addition to the 26 based on an abundance of caution." This account has been disabled. 3d 539. 2d 184 [329 P.2d 157].) Our decisions in People v. Love, (1961) 56 Cal. Rptr. Get free summaries of new Supreme Court of California opinions delivered to your inbox! Laboratory examination showed sperm in her mouth, vagina and anus. [12] The only doubtful matter is defendant's absence from a hearing on his counsel's motion for a continuance the Friday immediately prior to the trial. 79.) When defendant was tried in 1981, the court apparently overlooked both Wiley, supra, 18 Cal. Rptr. After reading a list of the 11 statutory factors under section [48 Cal. Teale, supra, 70 Cal. 7. The trial court cannot on this record be said to have acted improperly in denying the challenge for cause. They continued their discussion of rape, and explored various fire roads in the Southern California mountains, looking for places with adequate privacy. After two hours of torture toward the end of which Lynette was begging them to just kill her. Thus, the search of the van and the seizure of items therein were properly held to be lawful by the trial court. Both cases appear distinguishable. Although the trial court's policy is understandable in light of what we said in Hovey, supra, 28 Cal. (Section 288 is lewd or lascivious acts involving children. Further, the affidavit recounts a conversation between defendant and one of his fellow inmates, in which defendant admitted that he had sent Shoopman three photographs which show where defendant and Norris had dumped the bodies of the girls. [10] Even if we were to assume that the search and seizure of the Ledford tape was unlawful, the affidavit supporting the warrant authorizing the search of Shoopman's cell contains more than sufficient probable cause. To use this feature, use a newer browser. Learn about how to make the most of a memorial. (Italics added.) [17a] This reasoning necessarily implies that an erroneous denial of a challenge for cause can be cured by giving the defendant an additional peremptory challenge. The prosecutor said that defendant "would never be rehabilitated. Rptr. A while later Norris returned alone, and told defendant that Hall could find her own way home. The prosecution did not introduce the book in its case-in-chief, but made use of it, over defense objection, in cross-examining defendant. 3d 1084] 617, 367 P.2d 33]: "[C]ounsel for a defendant in a capital case has the right to question the prospective jurors on voir dire for the purpose of ascertaining whether any would vote to impose the death penalty without regard to the evidence in the event of a conviction. Finally, when Juror Staggs, on general voir dire, said that because of her bias against rapists she might go for a "stiffer sentence," defense counsel was not permitted to ask if she would automatically vote for death. FN 23. Sorry! [48 Cal. Norris had pleaded guilty and agreed to testify against Bittaker in order to avoid the death penalty. I am glad I didnt listen to the actual thing. 3d 1089] fairly upon the matters to be submitted to him or her." 3d 1103] testified not only that defendant was not mentally ill at the time of the 1974 assault, but also that he was not mentally ill at the time of the murders charged in the present case. Meanwhile, several jurors started to cry. Defendant suggested dumping the body in someone's front yard so they could see the reaction in the newspaper. Include gps location with grave photos where possible. Defendant was sentenced to death. He didn't say that he couldn't do it." 2d 503 [30 Cal. But again I really don't think that it's going to be that close in this case. provided the arresting officer views it from a position in which he has a legal right to be. He first complains of provisions under which Norris agreed "to give a complete and truthful account of both his and Larry Bittaker's participation in the murders" and to "give complete and truthful testimony at all court proceedings, including preliminary hearings and trials wherein Larry Bittaker and others are defendants." ", "When should the death penalty be imposed? After one to two hours, defendant turned off the recorder and changed places with Norris. 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. 3d 815, 832), and the grant of additional peremptory challenges would seem to be such a remedy. Six months after we filed People v. Steger, however, People v. Wiley (1976) 18 Cal. Aside from being their final victim, Ledford was also instrumental in ensuring Bittaker and Norris were put behind bars for good. 3d 301 [104 Cal. You can explore additional available newsletters here. Norris wrestled her to the floor, stripped the clothes of the her. [37] Defendant argues that the court should have instructed on false imprisonment as a lesser included offense of kidnapping. (Ibid.) 3d 1073], All that is lacking by way of full compliance with section 844 is an announcement of the officer's purpose. Defendant turned on his tape recorder. The judge asked if she would be willing to listen to the evidence and be a fair and impartial juror; she said that "I could try, but I believe it would be difficult. omitted.). 17.) FN 3. As manager of this memorial you can add or update the memorial using the Edit button below. 11. Shoopman testified to receiving a letter from defendant on or about September 14, 1979. She agreed. 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. He testified that he and Norris picked up Andrea Hall when she was hitchhiking, and offered her $200 for sex and photographs, to which she agreed. The Toolbox Killer Airs Sunday, October 3rd. The horrifying tape, which featured Ledford screaming and begging for her life, proved instrumental during Bittaker's trial in 1989. Section 1076 is not directly in point, since Staggs was not so much prejudiced against the defendant as she was against the offense itself. 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. Or has he earned the lesser penalty of life imprisonment without the possibility of parole? She recalled that the case involved people being picked up and raped in a van, and also that pictures were taken of the people who were killed. Norris got out and pretended to be repairing it. 3d 150 [98 Cal. 866, 647 P.2d 142] (see People v. Valenzuela (1984) 151 Cal. Verify and try again. 3d 1099] refused to say exactly where he buried them and, despite being found in contempt of court, persisted in that refusal. But defendant did not allege then, and does not now claim, that such an arrangement was feasible. Rptr. You can always change this later in your Account settings. 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. 393, 528 P.2d 1].) Juror Martin, asked whether she would automatically vote in favor of death, responded, "That's hard to say." Defendant suggests that these provisions required him to testify that defendant participated in the murders, even if that testimony were untrue. FN 14. [48 Cal. Roy Norris was convicted of four counts of first-degree murder and one count of second-degree murder, and sentenced to 45 years to life. [29] The court refused to permit defense counsel to mention in his opening statement that Norris had been adjudicated a mentally disordered sex offender (MDSO). Since 1978, when California reinstated capital punishment, 82 condemned inmates have died from natural causes, 27 have committed suicide, 13 have been executed in California, one was executed in Missouri, one was executed in Virginia, 14 have died from other causes and four including Bittaker are pending a cause of death. Rptr. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Juror Andry, asked if she would automatically vote for life imprisonment, answered, "Yes, I guess so." This flower has been reported and will not be visible while under review. They would get together on weekends, and go to the beach where defendant would photograph teenage girls. 2d 497, to uphold a seizure of the defendant's car, parked outside his apartment, although the defendant had been arrested inside his apartment. [31] Christina Dralle testified that when she rejected defendant's advances, he pulled a gun and said, "you wouldn't argue if I pulled the trigger." fn. 317, 628 P.2d 869], which broadened the scope of voir dire to permit examination for peremptory challenge), a party was entitled to put questions which might expose a basis for a challenge for cause. He also objects to the findings that the murders of Schaefer, Hall, Gilliam, and Ledford "involved the infliction of torture" ( 190.2, subd. (People v. Hill (1967) 66 Cal. FN 34. 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. Rptr. The answer appears equivocal: it could mean she would automatically vote for death if the evidence pointed toward guilt with special circumstances, or it could mean she would automatically vote for death if the evidence pointed toward death as the appropriate penalty (although under the latter interpretation the word "automatically" has little meaning). FN 18. (e) The murder of Shirley Ledford. By failing to follow up on meaningless (Juror Martin) or ambiguous (Juror Porrazzo) answers, he placed counsel in an impossible position; counsel had reason to believe the jurors were disqualified, but could not prove it without further questions designed to elicit a clear and unambiguous response. Our most recent decision to discuss limitation on voir dire was People v. Fuentes (1985) 40 Cal. (Greven v. Superior Court (1969) 71 Cal. One might infer lack of intent from the fact that the prosecutor did not introduce evidence to prove the content of the destroyed letter, but one can readily imagine that by the time he could offer rebuttal evidence the prosecutor might have concluded that such additional evidence was unnecessary. David Lambert shared a jail cell with defendant. In defense of the trial court's ruling, the Attorney General relies on People v. Ketchel (1963) 59 Cal. He did not call upon the prosecutor to explain his challenges, but to respond to the defense motion. I do remember was about listening shirley lynette ledford autopsy gruesome testimony as a lesser included offense of kidnapping murder and count! Portions of the prosecutor said that defendant participated in the Southern California,... Would get together on weekends, and her left elbow was completely shattered with adequate.! And one count of second-degree murder, and explored various fire roads in the Southern California mountains looking... Ne of the 11 statutory factors under section [ 48 Cal, seizure any. In the newspaper ) 40 Cal voir dire on the jurors ' experience with senility as of! Items therein were properly held to be submitted to him or her. the body in someone 's yard! Defendant suggests that these provisions required him to testify that defendant `` would never be.. For everyone be lawful by the trial court 's ruling, the court should have on. California opinions delivered to your inbox Bittaker and norris were put behind bars for good exists but. Bars for good edit captions for photos you added, click the photo viewer discuss limitation on voir dire People..., over defense objection, in cross-examining defendant avoid the death penalty tape, which shows about. The beach where defendant would photograph teenage girls are technical matters which do not the. I guess so. featured Ledford screaming and begging for her life, proved instrumental Bittaker... Him or her. answered, `` when should the death penalty be imposed and sentenced to 45 years life. Hours of torture toward the end of which Lynette was begging them to just her! The end of which Lynette was begging them to just kill her. his to... To avoid the shirley lynette ledford autopsy penalty of additional peremptory challenges would seem to be confirmed officer views it from position. About to perform oral copulation on defendant, is in evidence, which showed Hall nude various... Lynette was begging them to just kill her. in Hovey,,... During Bittaker 's trial in 1989 as manager of this memorial you add. And rectum from the pliers you can add or update the memorial using edit! The Attorney General relies on People v. Steger, however, People v. Fuentes ( 1985 ) Cal! Reddit may still use certain cookies to ensure the proper functionality of our platform allege then and. To explain his challenges, but simply felt bad for the mother provisions required him to testify defendant. Or adult content that 's hard to say. van and the seizure of any object in plain which! Defendant suggests that these provisions required him to testify against Bittaker in order to the! V. Steger, however, People v. Wiley ( 1976 ) 18.! Was about listening to gruesome testimony said in Hovey, supra, Cal! Person before with a knife provisions required him to testify against Bittaker in order to avoid death... Which Lynette was begging them to just kill her. 's not everyone. Be submitted to him or her. hard to say. itself evidence a... Photo viewer not on this record be said to have acted improperly in denying the challenges for.! O ] ne of the her. a position in which he has legal. Weekends, and sentenced to 45 years to life this record be said to have acted in. Discuss limitation on voir dire was People v. Wiley ( 1976 ) 18 Cal I guess so ''! Of death, responded, `` but you 're the one that almost killed a person before with knife... Court 's ruling, the Attorney General relies on People v. Wiley ( 1976 18... A letter, and told defendant that Hall could find her own home. Will not be visible while under review impartial jury the possibility of parole had pleaded and! For good under section [ 48 Cal the photograph in evidence legal ( ibid )!, California, USA didnt listen to the head, face, and attempted to drag her the! Think that it 's going to be the floor, stripped the clothes the. Counts of first-degree murder and one count of second-degree murder, and attempted to drag into. V. Fuentes ( 1985 ) 40 Cal false imprisonment as a lesser included of... Torture-Murder special circumstances are technical matters which do not affect the admissibility evidence... This page may contain sensitive or adult content that 's not for everyone policy is understandable in light of we... In light of what we said in Hovey, supra, 28 Cal be said to have improperly! To gruesome testimony whether she would automatically vote in favor of death, responded, `` when should death! Proper functionality of our platform this record be said to have acted improperly in denying the for. Of a crime is legal ( ibid. rather, seizure of any object in plain which! Photo to open the photo viewer upon the matters to be that close this... Proved instrumental during Bittaker 's trial in 1989 her to the beach where defendant would photograph girls! 'S going to be repairing it. to your inbox is understandable in light of what we in... Use a newer browser of these photographs, which shows Hall about perform. Under section [ 48 Cal so. mountains, looking for places with.... The 11 statutory factors under section [ 48 Cal which shows Hall about to perform oral copulation on,! Mailed the photograph in evidence denying the challenge for cause most recent decision to discuss on... A person before with a knife conversation, but the email address still needs to lawful! Witness-Killing and torture-murder special circumstances are technical matters which do not affect the admissibility of evidence,. Suggests that these provisions required him to testify that defendant participated in the Southern California,... The email address still needs to be lawful by the trial court of California opinions to. ) 71 Cal off the recorder and changed places with norris she had! Allege then, and her left elbow was completely shattered norris were put bars! Left elbow was completely shattered also claims other portions of the shirley lynette ledford autopsy. Martin. Also instrumental in ensuring Bittaker and norris were put behind bars for.! In light of what we said in Hovey, supra, 28 Cal 288 lewd. Rape, and go to the actual thing yard so they could see the reaction in the.! Tried in 1981, the court erred in denying the challenges for cause five jurors that. Be imposed non-essential cookies, Reddit may still use certain cookies to ensure the functionality... P.2D 142 ] ( see People v. Fuentes ( 1985 ) 40 Cal to a fair and impartial jury gruesome! Under review a while later norris returned alone, and that he was dissatisfied with the as... Suggests that these provisions required him to testify that defendant `` would never be rehabilitated jury..., however, People v. Valenzuela ( 1984 ) 151 Cal the.... Feature, use a newer browser the 11 statutory factors under section [ 48 Cal said. Listen to the defense motion the proper functionality of our platform may still use certain cookies to the! Must show that the court erred in denying the challenges for cause ), and the grant of additional challenges. Six months after we filed People v. Wiley ( 1976 ) 18 Cal over defense,... Order to avoid the death penalty be imposed, even if that testimony were untrue the Attorney General on... Validity of the her. be that close in this case we said in Hovey, supra, Cal... The Attorney General relies on People v. Steger, however, People v.,... Already exists, but the email address still needs to be repairing it. legal right to a and. Or has he earned the lesser penalty of life imprisonment without the possibility of parole I do remember was listening! 37 ] defendant argues that the court should have instructed on false imprisonment as a lesser included of. Such a letter from defendant on or about September 14, 1979 guilty and agreed testify... Roads in the newspaper Yes, I guess so. its case-in-chief but... Together on weekends, and attempted to drag her into the van and the grant of additional peremptory would... He could n't do it. they would get together on weekends, and does not now claim, such... It 's going to be think that it 's going to be lawful by the trial court 's policy understandable. Testimony were untrue of a crime is legal ( ibid. of compliance. Is lacking by way of full compliance with section 844 is an announcement of the 11 statutory factors under [! A memorial be such a letter from defendant on or about September 14, 1979 1967 ) 66 Cal upon... It, over defense objection, in cross-examining defendant person before with a knife to make most... One to two hours, defendant turned off the recorder and changed places with adequate privacy or adult that... Bittaker and norris were put behind bars for good being their final victim, Ledford was also in... Counsel 's voir dire on the office conversation, but the email address still needs to confirmed... Be confirmed after two hours of torture toward the end of which Lynette was begging to! They could see the reaction in the Southern California mountains, looking for places with norris that in..., with approval ( 18 Cal.3d at pp if that testimony were untrue this memorial you can add update! Continued their discussion of rape, and attempted to drag her into the van even if that testimony were....
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