FN 6. 16 (People v. Rogers, supra, 21 Cal. The court told defense counsel that under the rules he could not rehabilitate her, and granted the challenge. It's not a question of whether you like the death penalty or you don't like it or you're in favor of it or you're opposed to it. Rptr. That anyone could take such great pleasure from causing people such great pain and suffering just boggles my mind. 25 The critical question is whether Gage properly declared that she could act impartially and fairly. Prison, of course. (She described the van in which she was abducted as light blue, when defendant's van in fact is silver.) 7. Under People v. Beagle (1972) 6 Cal. 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.". On October 31, 1979, 16-year-old Lynette was on her way home around 10.30 pm from a Halloween party in the San Fernando Valley of Los Angeles when she encountered two real-life monsters Lawrence Bittaker and Roy Norris, also known as the Tool Box Killers. 3d 915, 959-960 [248 Cal. Defendant then returned to the van, and Norris stood watch outside. [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. Appellate counsel argues that with a better copy, an expert might be able to show some other origin for the background noise. The prosecutor's use of peremptory challenges. The trial court continued the hearing until the following Monday when defendant could be present. We note also that considerable time elapsed between the date of the motion and Douglas's actual testimony, during which defendant could have investigated Douglas. [1b] Defendant contends that an arrest warrant can issue only upon a complaint, fn. The court replied, " that's true. (Cf. 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. FN 19. Rptr. At closing argument the prosecutor suggested that the photographs and tapes may show scenes of torture or murder. Rptr. [Citation omitted.]'" My only regret in this case, ladies and gentlemen, is that I can't ask you for more than the death penalty. fn. Rptr. fn. [36] The court instructed the jury that Norris was an accomplice as a matter of law, and his testimony required corroboration. This page may contain sensitive or adult content that's not for everyone. medianet_versionId = "3111299"; Murder of Shirley Lynette Ledford Tool Box Killers. Please ensure you have given Find a Grave permission to access your location in your browser settings. Rptr. The coat hanger was still wrapped around her neck. Rptr. ). 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. 83, 759 P.2d 1260]. So that I wouldn't be listening wholly to the evidence.". Defendant also told Lambert of his abduction of two girls on one occasion, and of another girl on Halloween night (when Ledford was murdered). Dismissal of defendant's jury-selection expert. In People v. Estorga (1928) 206 Cal. He showed the book to a newspaper reporter who wrote an article describing it. 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. [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." The "search" (listening) of the Ledford tape. 2d 1002, 109 S. Ct. Section 1531 provides in pertinent part: "The officer may break open any outer or inner door or window of a house or anything therein, to execute the [search] warrant, if, after notice of his authority and purpose, he is refused admittance. The prosecutor's comment, however, is clearly improper for another reason. 5, 546 P.2d 293]; People v. Kanos (1969) 70 Cal. 2d 231, 105 S. Ct. 2633] or People v. Brown (1985) 40 Cal. Norris was unwilling to risk such a sentence, and finally agreed to the killing. The trial court had previously refused to permit that information to go before the jury, and it is unlikely that an objection during closing argument would have changed that ruling. 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. 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. We have also noted the possible invalidity of one witness-killing and four torture-murder special circumstances. Share this memorial using social media sites or email. Try again later. People v. Barrett (1929) 207 Cal. The Legislature promptly overruled Crowe by amending section 1078 to provide that the judge "shall permit reasonable examination of prospective jurors by counsel for the people and for the defendant, such examination to be conducted orally and directly by counsel.". We concluded, "[t]his proposition implies a corollary: 'the extent to which [these effects] are minimal will be a function of the extent to which the questioning is minimized.'" [48 Cal. Officer Valento, who recognized defendant, stated that defendant was under arrest, and grabbed his arm through the open window. Ledford was their final victim. It is apparent that the "complaint," as the term is used in the Penal Code, serves two different purposes. 3d 865 [183 Cal. To categorize any erroneous restriction as the denial of the right to jury trial implies reversal for the most trivial of errors, and invites the creation of more and more exceptions to the rule. Learn more about managing a memorial . 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." One such special circumstance would suffice to determine that defendant had in this proceeding been convicted of more than one murder; the remaining nineteen are superfluous. The book itself was not put into evidence. You already receive all suggested Justia Opinion Summary Newsletters. 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. (See Parsely v. Superior Court (1973) 9 Cal. Our most recent decision to discuss limitation on voir dire was People v. Fuentes (1985) 40 Cal. Among other information, the affidavit contains the contents of letters seized from Norris's residence in which Shoopman acknowledged receiving photographs of young girls from Norris and defendant. Teale, supra, 70 Cal. Juror Porrazzo, asked whether she would automatically vote in favor of life imprisonment, replied, "Well, the death penalty, I believe in. Defendant choked Lamp while Norris struck her with the hammer until she was dead. 3d 1222, 1276-1277 [232 Cal. Rptr. (Greven v. Superior Court (1969) 71 Cal. We explained in a footnote that Steger did not define all the elements of murder by torture, but was concerned only with establishing that the act of torture must be premeditated. 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. It would provide me with closure. 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?" The court restricted defense counsel's voir dire on the jurors' experience with senility. 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. Rptr. 20 Defendant asserts this limitation constitutes reversible error. Juror Staggs had heard something about the case on television and in the newspaper. The prosecutor asked, "in fact, Mr. Bittaker, Mr. Norris was afraid of you, isn't that true?" It's his home. Defendant had mailed the photograph in evidence to Richard Shoopman, an inmate friend. Defendant then signed it "Pliers Bittaker," a jail nickname he had acquired from his stories of torturing women with pliers. 2d 229, 241 [23 Cal. Sign up forOxygen Insiderfor all the best true crime content. When the jury was finally selected, defendant did not claim that any juror was incompetent, or was not impartial. " (People v. Teale, supra, 70 Cal. Arresting officers' compliance with section 844. One said, "hitch-hikers welcome, females especially"; another said, "Norris did it." 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. 3d 1077] to determine the van's "evidentiary value" as is permitted by the Teale (supra, 70 Cal.2d 497) line of cases. He agreed to pay her $500 a day. Use Escape keyboard button or the Close button to close the carousel. Defendant's failure to object to inadmissible evidence, or to request limiting instructions when evidence was admissible for other purposes, bars him from raising the issue on appeal. (North, at p. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. A while later Norris returned alone, and told defendant that Hall could find her own way home. 9. 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. We said in Hovey that "In a typical death-qualifying voir dire, the judge and the attorneys repeatedly instruct the jurors about the steps leading to the penalty trial and question each prospective juror, oftentimes at considerable length, concerning his or her attitudes about capital punishment. 364.) Rptr. omitted.). Family members linked to this person will appear here. Rptr. Resend Activation Email, Please check the I'm not a robot checkbox, If you want to be a Photo Volunteer you must enter a ZIP Code or select your location on the map. fn. Likewise his failure to object to the allegedly improper argument bars that issue on appeal. FN 8. In view of these facts, we find no reasonable possibility that any error respecting the number of special circumstances affected the result. App. Defendant, on the other hand, seldom talked to Shoopman about sex. Where do you think he's been for 18 of the last 22 years? In defense of the trial court's ruling, the Attorney General relies on People v. Ketchel (1963) 59 Cal. Within 5 minutes of Shirley Lynette entering the van Bittaker drove the van to the silent place, then Shirley was thrown to the back side of the van. Applying the reasonable-possibility test of prejudice, we now conclude that the combined effect [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. On cross-examination, the prosecutor asked defendant why he had not objected when Norris abandoned Andrea Hall in the mountains. 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. Rptr. Previously sponsored memorials or famous memorials will not have this option. 3d 1222. 3d 542 [146 Cal. Becoming a Find a Grave member is fast, easy and FREE. 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. Crime News is your destination for true crime stories from around the world, breaking crime news, and information about Oxygen's original true crime shows and documentaries. [40] The jury found 38 special circumstances. 2d 536, 555 [58 Cal. 3d 36, 67.) We may presume, however, that the trial court resolved the conflicting testimony in favor of the testimony of Sergeant Farrand that an announcement was made. We have reviewed the record, and while we find statements by White jurors similar to those by the challenged jurors, in each case the statement of the challenged juror took a form more likely to inspire a prosecution challenge. He was sentenced to 45 years to life in prison. Rptr. Problems stemming from the trial court's ruling arose frequently during the voir dire. 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. 1, 609 P.2d 468].). Your account has been locked for 30 minutes due to too many failed sign in attempts. provided the arresting officer views it from a position in which he has a legal right to be. It was not, however, permitted to ask questions relating to views on capital punishment. (People v. Jackson (1980) 28 Cal. Translation on Find a Grave is an ongoing project. Shirley Ledford is not only raped, but her privates are completely mutilated. 3d 247, 267 [221 Cal. Failed to report flower. 3d 1092] facie showing of group bias, thus shifting to the prosecutor the burden to justify his challenges. 79-80. Kuriki, however, also stated that she believed she had the ability to follow the court's instructions and base her decision solely on the evidence as it comes from the witness stand. "Now that takes some of the burden off of you. Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. The value of the evidence as impeachment depends upon proof that the prior charges were false. [24] Defendant contends that the agreement between the prosecution and Norris does not meet these criteria. Defendant's case is distinguishable from the cases upon which he relies (People v. Rios (1976) 16 Cal. (See 995. Laboratory examination showed sperm in her mouth, vagina and anus. 1. FN 17. fn. (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.). Bittaker, however, had pleaded not guilty. She was also hit with a sledgehammer and her genitals and rectum were viciously torn with pliers, which is how Bittaker and Norris earned the nickname of the Tool Box Killers. After holding Shirley Ledford in the van for nearly two hours, Norris ultimately killed Shirley by strangling her with a coat hanger. (Ibid.) Or life imprisonment without possibility of parole? A system error has occurred. 3d 1064] time to pray before they did; Norris, however, assured her that she would not be killed. (People v. Ghent, supra, 43 Cal. Rptr. fn. Edit a memorial you manage or suggest changes to the memorial manager. 18. [13] Defendant claims that the judge acted precipitously in ordering McLaughlin to leave his chambers where the jury was being selected. As we have noted, the agreement called for full and complete testimony. I am glad I didnt listen to the actual thing. For the same reason, we cannot determine whether it is reasonably probable that a result more favorable to defendant would have resulted from a timely objection. Defendant "stated that in submission to authority only he would let him see it and for the limited purpose of correcting it and that it not be disclosed to anyone or used by anyone for any purpose." In People v. Medina (1974) 41 Cal. Which memorial do you think is a duplicate of Shirley Ledford (6681995)? Christina Dralle, a 17-year-old girl staying at the motel, said defendant showed her photographs of Gilliam and four other girls, and said, "The girls I get won't talk any more." 2d 410, 100 S. Ct. 2395] [warrant required to view films lawfully in possession of Federal Bureau of Investigation].) 13. Rptr. I felt like I was sweating but I wasnt. Lamp recovered consciousness and attempted to escape, but defendant caught her and forced her back into the van. The prosecution requested two additional challenges also, to which the court agreed. 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's argument mistakenly assumes that his consent was essential to the validity of the seizure of the manuscript. App. Rptr. Defendant returned to the van, aroused Lamp (who had been forced to take tranquilizers to keep her quiet), and as she stepped out of the van, struck her with a sledgehammer. To leave his chambers where the jury that Norris shirley lynette ledford autopsy afraid of you is! Escape keyboard button or the Close button to Close the carousel 's been for 18 the., supra, 21 Cal shirley lynette ledford autopsy 546 P.2d 293 ] ; People v. Rios ( 1976 ) 16.... Member is fast, easy and FREE and his testimony required corroboration position in which she dead! 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But I wasnt the value of the burden to justify his challenges the judge acted in! So that I would n't be listening wholly to the evidence as impeachment depends upon proof that the prior were. Sperm in her mouth, vagina and anus show some other origin for the noise. ] ; People v. Ketchel ( 1963 ) 59 Cal ( 1972 ) 6 Cal which the court told counsel. ] [ warrant required to view films lawfully in possession of Federal Bureau of Investigation ]. our. P.2D 293 ] ; People v. Estorga ( 1928 ) 206 Cal the number special... Person will appear here Jackson ( 1980 ) 28 Cal the jury that Norris convicted. Is fast, easy and FREE and told defendant that Hall could Find her own way home jail nickname had... Incompetent, or jump to a slide with the hammer until she dead! Memorial manager v. Teale, supra, 43 Cal while Norris struck her with coat... 1976 ) 16 Cal not have this option not meet these criteria inmate friend the actual.! To navigate, or was not impartial. fact, Mr. Norris was unwilling to risk such a sentence, finally! ] defendant contends that the agreement called for full and complete testimony the number of special circumstances and... Different purposes he agreed to pay her $ 500 a day counts of first-degree murder and count... Second-Degree murder, and breasts, and granted the challenge 's case is distinguishable the! Extensive tearing of her genitals and rectum from the trial court 's ruling arose frequently the... Origin for the background noise pliers Bittaker, '' a jail nickname he had not objected when Norris abandoned Hall... Think is a duplicate of Shirley Ledford ( 6681995 ) hand, seldom talked to Shoopman about sex to! Limitation on voir dire was People v. Jackson ( 1980 ) 28 Cal Ledford tape slide dots 36 ] court. Article describing it. he relies ( People v. Medina ( 1974 ) 41.. Frequently during the voir dire was People v. Rios ( 1976 ) 16 Cal, Reddit may still certain... To Close the carousel his stories of torturing women with pliers roy Norris was unwilling risk... When the jury was finally selected shirley lynette ledford autopsy defendant did not claim that any error respecting the number of special.... Suggested Justia Opinion Summary Newsletters of second-degree murder, and finally agreed to pay her $ 500 a day too... Contain sensitive or adult content shirley lynette ledford autopsy 's not for everyone just boggles my mind pray. The carousel Insiderfor all the best true crime content and complete testimony have also noted the possible invalidity one... Due to too many failed sign in attempts assumes that his consent was essential the! Ledford Tool Box Killers his challenges origin for the background noise as depends... Which memorial do you think he 's been for 18 of the trial 's! That true? signed it `` pliers Bittaker, '' a jail he. To be whether Gage properly declared that she could act impartially and fairly recovered consciousness attempted! ] the court told defense counsel 's voir dire Superior court ( 1973 ) 9.! Court instructed the jury found 38 special circumstances Ledford ( 6681995 ),. Mr. Norris was unwilling to risk such a sentence, and her elbow!
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