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85-88.) One woman had her eyes gouged out, she added, referring to the March 27, 1985, slaying of Maxine Zazzara, 44, who was found stabbed to death along with her He forced her to kneel with her head on the bed and covered her head with a pillow. His dad treated him poorly he would tie him to a cross in a graveyard overnight as a form of punishment. 2348, 147 L.Ed.2d 435, Ring v. Arizona (2002) 536 U.S. 584, 122 S.Ct. Defendant got out of his car and pulled Yu out of her car as she fought. A trial court should grant a mistrial only when a party's chances of receiving a fair trial have been irreparably damaged, and we use the deferential abuse of discretion standard to review a trial court ruling denying a mistrial. (People v. Bolden (2002) 29 Cal.4th 515, 555, 127 Cal.Rptr.2d 802, 58 P.3d 931.) 1368 comes to mind. Daniel Hernandez responded: We've been considering that from the beginning of course and we haven't made a decision on that and we are very aware and concerned about that. The court replied: So am I. Citing the decisions in Wheat v. United States (1988) 486 U.S. 153, 108 S.Ct. Murder and rape are assaultive crimes against the person and, as such, are offenses of the same class of crimes' within the meaning of section 954 and were properly joinable. Michele A hammer lying on a table next to the bed had blood and hair on it. Our decision in Hannon does not assist defendant. On September 27, 1989, defense counsel announced that the defense had made a tactical decision not to present any evidence at the penalty phase. ), It is not clear how defendant is assisted by our decision in Beeler, but any such assistance is lessened by the fact that the circumstances in Beeler differ greatly from those in the present case. Evidence that does no more than form the basis for speculation regarding possible current incompetence is not sufficient. The right to counsel of choice is one of the constitutional rights most basic to a fair trial. WebZazzara Vincent Charles Italian (Sicily): habitational name from the port of Mazzara del Vallo on the west coast of Sicily, which takes its name from the Mazzaro river. All the channels had the same kind of mixture of hard news and fluff, and I don't see any point in sitting here watching, you know, all of the channels. (a). 191, 800 P.2d 547, retained private counsel, but his first trial ended in a mistrial and he became indigent prior to the retrial. One time, he attempted a kidnapping but it failed, and while he was driving away he committed a traffic violation and a cop saw it happen. The jury was instructed:In determining which penalty is to be imposed on the defendant, you shall consider all of the evidence which has been received during any part of the trial of this case, except as you may be hereafter instructed. No, he does not look the same. The Court: Did you read the entire contract? [Citations. Bell died from her injuries about a month later in July, 1985. A police officer soon arrived and found Yu breathing but unconscious. Const., art. (People v. Champion, supra, 9 Cal.4th 879, 947, 39 Cal.Rptr.2d 547, 891 P.2d 93.) She refused and he pulled her out and entered her car. Accordingly, it is clear that a criminal defendant need not demonstrate prejudice resulting from a violation of that right in order to have his conviction reversed. (Ibid. Accordingly, defendant is limited on appeal to arguing that the trial court erred in failing to sever the charges into the groups he requested at trial. Defendant admits, however, that [c]ounsel's failure to present mitigating evidence on appellant's behalf was not explained on the record. Defendant offers no support for his assertion that the likely cause of his attorneys' decision not to present further evidence at the penalty phase was a conflict of interest caused by his family, and we decline to speculate. Weeks also pointed out that the process of eliminating duplicate names from the two lists was inaccurate, because only the exact last name and the first four letters of the first name were compared. Although several of the photographs certainly are gruesome, especially the photograph of Maxine Zazzara with her eyes cut out, they were not unduly so. WebThey have also lived in Kensington, MD and College Park, MD. He couldve left us a signed signature, Salerno says. She was previously married to Vincent Zazzara. She ran out of the car and called for help. Defendant entered the vehicle, saying he had a gun, but Pinon attempted to pull defendant from the vehicle. Defendant's failure to press the court for a ruling deprive[ed] the trial court of the opportunity to correct potential error. (People v. Morris (1991) 53 Cal.3d 152, 195, 279 Cal.Rptr. 346-347, 100 S.Ct. In counties with more than one court location, the rules shall reasonably minimize the distance traveled by jurors. If there is any substantial evidence supporting the trial court's ruling, we will uphold it. 1692, 100 L.Ed.2d 140 and People v. Ortiz (1990) 51 Cal.3d 975, 275 Cal.Rptr. WE CONCUR: GEORGE, C.J., KENNARD, BAXTER, WERDEGAR, CHIN, and CORRIGAN, JJ. 1. On September 2, 1985, a guard saw defendant in his jail cell bleeding from his right palm. We noted that the Court of Appeal rejected both definitions, preferring instead a provocative compromise that defines community as that area within a 20-mile radius of the courthouse. (Williams v. Superior Court, supra, 49 Cal.3d 736, 742, 263 Cal.Rptr. Upon investigation, they found a man named Richard Mena had been in and had gotten X-rays done, which showed he had an infected tooth so he would be back. [Citations. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 867, 750 P.2d 741. The trial court denied the motion for severance, finding that the charges were of the same class of crimes, that much of the evidence was cross-admissible, and that there was a common scheme and design that runs through each of these incidents.. In a subsequent pleading, defendant argued the charges should be tried in eight different trials involving the following groups of victims: (1) Petersen and Elyas A. on August 5 and 8, 1985; (2) Okazaki and Yu, on March 17, 1985; (3) Zazzara and Chainarong K. on March 28 and July 19, 1985; (4) Higgins7 ; (5) Vincow on June 27, 1984; (6) Bell, Doi, Cannon, Whitney B., Nelson, and Kneiding on May 14 and 29, and July 2, 5, 7, and 19 of 1985; (7) Sophie D. on July 7, 1985; and (8) Carol K. on May 30, 1985. I briefly saw the accused captured on TV.He was arrested as the night stalker.General details given by media, arrested and accused of murder.That it is called the Night Stalker case & he was supposed to have murdered many people in So. We conclude the trial court did not abuse its discretion under section 1368 in denying Defense Counsel Gallegos's motion for a psychiatric evaluation of defendant. The prosecution presented the testimony of a person who had purchased stolen property from defendant on numerous occasions. By the time jury selection in the present case commenced on July 21, 1988, the jury commissioner had begun utilizing an improved method for identifying and eliminating duplicate names from the lists drawn from the registrar of voters and the DMV. 79-2577. To the contrary, we noted that, on remand, the superior court might appoint them as counsel. Defendant argues that the cumulative effect of errors in the guilt and penalty phases of the trial requires reversal of the judgment. I will have to judge each case by its own merits.. Paul Strand, Ph.D., testified for defendant that during the last week of November, 1986, he conducted a telephone survey of 300 persons who were eligible to be prospective jurors, using a computer program that generates random telephone numbers. In that case, the trial court modified the standard jury instruction regarding consciousness of guilt to read, in part: Now, evidence, if there was any in this case, that the defense attempted to suppress any evidence could show a consciousness of guilt. (Note: What you are about to read might be disturbing and upsetting.). The court then had the following exchange with defendant: The Court: Mr. Ramirez, could you tell me: how many years of school have you had? The Court: Did you have any questions regarding any of the conditions in that contract? Web29 Mar 1985 (aged 44) Whittier, Los Angeles County, California, USA. ] [Citation. [] The Court: I don't think there is any doubt but that that is true, and I accept that that is true. The court then admitted several exhibits without foundation, stating: I've got to have some kind of record.. Defendant removed the victim's blindfold and gag and she directed him to a briefcase that contained jewelry and to her purse, which contained money. WebBorn In: Plainfield, New Jersey, United States 19 2 Musicians #1201 Quick Facts Died At Age: 51 Family: Spouse/Ex-: Nenette Zazzara father: Harry mother: Mary Evans siblings: Harry Evans (Harold) Born Country: United States American Men New Jersey Musicians Died on: September 15, 1980 place of death: Fort Lee, New Jersey, United States She was previously married to Vincent Zazzara. Stay up-to-date with how the law affects your life. WebWe met with several agents as we considered putting our house on the market, and Rachel was the clear, stand-out winner. Another victim, Florence Nettie Lang, 81, was beaten to death with a hammer. On the afternoon of June 28, 1984, Jack Vincow arrived at his elderly mother's apartment in Los Angeles and was surprised to find the screen missing from her open living room window and the front door unlocked. WebMaxine L Zazzara; Previous Addresses: * Strong Ave, Whittier, CA * * *nd St, Downey, CA * Associated Businesses: Pyramid Equities; We found results for Vincent Zazzara in US White House Visitor List. ] (People v. Williams (1997) 16 Cal.4th 635, 667, 66 Cal.Rptr.2d 573, 941 P.2d 752.) We observed in Maxwell v. Superior Court (1982) 30 Cal.3d 606, 615, 180 Cal.Rptr. Bill Evans Biography WebMaxine L. Zazzara, Downey, Cal., argued, for defendant-appellant. The trial court denied defendant's motion for change of venue on January 9, 1987, stating it was not convinced that the survey shows that the pretrial publicity in this case has created an atmosphere where he cannot receive a fair trial. The court described the news coverage of this case as saturation, as much as they possibly can give, but noted that this was not the only case in Los Angeles that had received such extensive news coverage. Thats a pretty sick individual. Indeed, he would help himself to food and drinks in the kitchen after his crime. On direct appeal, defendant is restricted to claims bear[ing] on the validity of the death sentence itself. [Citation.] Son of Night Stalker Richard Ramirez victims says, 'I wish I'd at p. 987, 275 Cal.Rptr. Defendant claims that the trial court erred in failing to order a competency hearing during the penalty phase based upon additional instances of appellant's bizarre behavior during guilt trial deliberations and on the occasion the jury returned its verdicts. Defendant relies upon his threats to disrupt and actual disruptions of trial proceedings, which caused the trial court to permit defendant to absent himself from the trial and listen to the proceedings in a holding cell. Menu. In the docuseries, detective Frank Salerno says, he got comfortable after killing someone he would take the time to have a snack. I, 30, subd. The Defendant: It exists, but I feel there will be no conflict. The court viewed hours of videotape recordings of television news broadcasts. The trial court selected the 20-mile radius as the community to which to compare the percentage of Hispanics. But jury selection in the present case commenced on July 21, 1988, using prospective jurors summoned using the new master jury list for the 1988-1989 fiscal year. Defendant asserts that the trial court repeatedly was made aware of counsel's conflicts and difficulties in communicating with their client, citing instances in which either defendant failed to cooperate with his attorneys or his attorneys failed to appear for trial. WebMaxine Zazzara was born on May 15, 1940 in Arkansas, USA. [Citation.] Police found a sliding glass door had been pried open. 5, 273 Cal.Rptr. And this turned out to be the case. Mary Cannon was a widow in her eighties who lived alone in Arcadia. Lack of Specific Findings Regarding Aggravating Factors, Defendant maintains that the trial court's failure to require the jury to make findings regarding which aggravating factors it relied upon precluded meaningful appellate review in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments to the federal Constitution and deprived him of equal protection of the laws under the Fourteenth Amendment. (People v. Coleman, supra, 46 Cal.3d 749, 776, 251 Cal.Rptr. Defendant handcuffed her, took several items of jewelry and some money, and then raped and sodomized her. 2557.) The defendant in Williams had argued that the relevant community was the entire county, while the People had asserted the relevant community was the judicial district. The prosecution conceded that the two charges related to Higgins were not properly joined and the court granted the prosecution's motion to dismiss those charges. She is professional, personable, responsive, scrappy, In order to establish a prima facie violation of the fair-cross-section requirement, the defendant must show (1) that the group alleged to be excluded is a distinctive group in the community; (2) that the representation of this group in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community; and (3) that this underrepresentation is due to systematic exclusion of the group in the jury-selection process. (Duren, supra, 439 U.S. at p. 364, 99 S.Ct. We concluded above that the court did not err in denying prior defense counsel's pretrial motion to appoint a psychiatrist to evaluate defendant's mental competency to stand trial, nor did it err in failing prior to trial to order a competency hearing sua sponte. Crawford later saw another officer make a similar gesture, raising two fingers. 1507, 16 L.Ed.2d 600.) Calif.Only that it has something to do with the Night Stalker and that was revealed in the courtroom by the judge.He's accused of a feloney [sic]., 6. [Citations.] Defendant further argues that the trial court erred in failing to order a competency hearing sua sponte. Slightly more than half of the people questioned (51.7 percent) said that [b]ased on what [they had] seen or heard they thought defendant was responsible for the Night Stalker murders, while about a third of those polled (34.7 percent) said they would need more information to make a judgment.
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