maxine zazzara house address
In a footnote to the reply brief, defendant states he inadvertently omitted these two bases for challenging the jury venire in his opening brief, adding without supporting argument or citation of authority that [t]hese grounds are also asserted as improper bases for underrepresentation and exclusion of potential jurors. We need not, and do not, resolve these contentions. Sickeningly, it was then that Ramirez began to establish his signature attack style: shoot and kill the husband, then assault and stab the wife. Defendant argued in his opening brief that the trial court erred in denying his motion for sequestered voir dire of the jury. Defendant argues that his jury was not drawn from a fair cross-section of the population in violation of former Code of Civil Procedure sections 197 and 203, article I, section 16 of the California Constitution, and the Sixth Amendment to the federal Constitution. 85-88.) (People v. Gray (2005) 37 Cal.4th 168, 236, 33 Cal.Rptr.3d 451, 118 P.3d 496; People v. Vieira (2005) 35 Cal.4th 264, 303, 25 Cal.Rptr.3d 337, 106 P.3d 990. She had been strangled and beaten and stabbed in the neck. [] 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.. With few exceptions, the media reports were accurate. [Defense Counsel]: And you agree with the tactical decision that we made not to put on any evidence at this stage of the proceeding? at pp. And I have no reason to believe that Channel 2 or Channel 7 or 9 or 13 or the rest of them are any different. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. He doesn't look the same as he looked that night? 503, 781 P.2d 537, fn. A criminal defendant has a qualified right to retain counsel of his choice, and the trial court can deny a defendant's timely request to substitute counsel only if it will result in significant prejudice to the defendant. (People v. Gzikowski (1982) 32 Cal.3d 580, 587, 186 Cal.Rptr. 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 Based upon the 1980 census as well as data compiled by California State University, Dr. Defendant contends the trial court erred in failing to conduct an inquiry into the jury's exposure to news coverage of Juror Singletary's death. Defendant did not raise this ground in the trial court and, thus, has forfeited this claim. The court denied the motion at a hearing on September 5, 1989. Though entitlement to representation by a particular attorney is not absolute [citation], the state should keep to a necessary minimum its interference with the individual's desire to defend himself in whatever manner he deems best, using any legitimate means within his resources-and that desire can constitutionally be forced to yield only when it will result in significant prejudice to the defendant himself or in a disruption of the orderly processes of justice unreasonable under the circumstances of the particular case [citation]. (Id. He saw the man push Yu away, enter his car, and drive away. On June 7, 1988, during a readiness conference, Raymond Arce testified that a new master list had been compiled to be used in the upcoming 1988-1989 fiscal year and that duplicate names on the registrar of voters list and the DMV list were determined by comparing both the name and the date of birth, which resulted in a master list that was ten percentage points higher in the Hispanic representation. The percentage of Hispanics on the new master list was 28.4 percent. Gun sales tripled, returning to normal after defendant's arrest. (c)), and 14 counts of first degree burglary (459). 204. Weeks opined that the disparity between the percentage of Hispanics available for jury service and the percentage that appeared for service was caused by the jury commissioner's use of records from the registrar of voters to compile a primary list. 476. Defendant argues he was denied a reliable determination of his penalty guaranteed by the Eighth Amendment, citing Caldwell v. Mississippi (1985) 472 U.S. 320, 328-329, 105 S.Ct. You are not allowed to take account of any other facts or circumstances as the basis for deciding that the death penalty would be appropriate punishment in this case. The court refused the instruction, stating it saw no reason to give it. We have done a tremendous amount of work with him. Although only one member of the jury indicated during voir dire that he never had heard of the case, they all stated they had not formed any opinion as to the guilt or innocence of Richard Ramirez regarding this case and could be fair. I am beyond your experience. ), 13. 2557, 2561, 165 L.Ed.2d 409.) On March 28, 1985, about 8:30 p.m., Polo went to the home that Vincent Zazzara shared with his wife Maxine to deliver the day's receipts from the restaurant and found the screen door unlocked and the front door ajar. (People v. Young (2005) 34 Cal.4th 1149, 1225, 24 Cal.Rptr.3d 112, 105 P.3d 487; People v. Barnett (1998) 17 Cal.4th 1044, 1180, 74 Cal.Rptr.2d 121, 954 P.2d 384; People v. Cain (1995) 10 Cal.4th 1, 68, 40 Cal.Rptr.2d 481, 892 P.2d 1224. In view of the above facts, the court is ordering that both attorneys make full disclosure to Mr. Ramirez of any facts which might bear on their ability to effectively represent him in this case After this disclosure, if there are any made, the court will, if Mr. Ramirez desires, offer him independent assistance to check any information disclosed to him. ), The size of the community also militates against granting defendant's request for a change of venue. Defendant handcuffed the victim to the bed and fled. Defendant further asked the court to instruct the jury that the list of aggravating factors is exclusive: I have previously read to you the list of aggravating circumstances which the law permits you to consider if you find that any of them is established by the evidence. Moreover, a trial court must exercise caution when denying a defendant's request to substitute counsel, because [r]eversal is automatic when a defendant has been deprived of his right to defend with counsel of his choice. He entered and encountered Yuriko Lillie Doi in a nightgown who motioned toward her husband, William Doi, who was sitting in a chair in the den by a telephone; he was unconscious and breathing with difficulty. A person cannot be tried or adjudged to punishment while that person is mentally incompetent. The prosecution presented the testimony of a person who had purchased stolen property from defendant on numerous occasions. Elyas A. had been killed by a single bullet to the head. 1, 778 P.2d 129 we did not decide whether an absolute disparity of 5 percent between the percentage of Blacks in the community (8 percent) and the percentage that appeared for jury service (3 percent) was constitutionally significantly, but we observed that [i]t does not appear that a disparity of this degree renders the representation of Blacks on jury venires less than fair and reasonable (Id. The court viewed hours of videotape recordings of television news broadcasts. And defendant did not show that the media coverage was unfair or slanted against him or revealed incriminating facts that were not introduced at trial. Hernandez approached the front door of her condominium and found it ajar. Serial Killer Database Wiki. Dr. ] (People v. Bradford, supra, 15 Cal.4th 1229, 1315, 65 Cal.Rptr.2d 145, 939 P.2d 259. Only one person (0.3 percent) believed defendant was not responsible for the murders. The Court Okay. As defendant recognizes, we have repeatedly rejected this contention. I am aware of the fact that all of the local news media have given inordinate coverage to this case. I understand. As we stated before, we have no knowledge of any potential conflicts; but if there are any, we will notify whatever court this case is before. Five persons linked to this address. The trial court correctly noted that because of the number of prospective jurors that could be assembled in Los Angeles County, it was likely that an impartial jury could be chosen. She was previously married to Vincent Zazzara. That section requires the defendant to make a showing of good cause in order to obtain severance, and defendant's failure to request a severance waives the matter on appeal. We recognized in Champion that it is possible the jury might improperly consider at the penalty phase evidence introduced at the guilt phase to show bad character. 8.85, the prosecutor told the jury: You may consider those crimes [of which defendant was convicted] in aggravation in determining penalty in this case only once; you can't consider them in section a and section b. We described the right of a criminal defendant to counsel and to present a defense as among the most sacred and sensitive of our constitutional rights and cautioned that the state should keep to a necessary minimum its interference with the individual's desire to defend himself in whatever manner he deems best. (Id. Defendant claims that his jury was not drawn from a fair cross-section of the population in violation of Code of Civil Procedure sections 197 and 203, article I, section 16 of the California Constitution, and the Sixth Amendment to the federal Constitution because the methods used to summons the jury venire resulted in the elimination of a disproportionate number of Hispanics. As explained below, defendant challenged the composition of the master list that was used to summon jurors during the 1987-1988 fiscal year that ended in June of 1988. Richard Ramirez, known as The Night Stalker, is one of the most prolific and vicious serial killers to have terrorized the streets of Los Angeles in the 80s. ] (People v. Oates (2004) 32 Cal.4th 1048, 1062, 12 Cal.Rptr.3d 325, 88 P.3d 56.) We will uphold the trial court's ruling on this question if it is supported by substantial evidence. 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. A car driven by defendant apparently had forced a car driven by Tsai-Lian Yu to the side of the road, where it was forced to stop with its bumper against the bumper of a parked car. Michele Defendant's confidence in his lawyer is vital to his defense. In essence, defendant's claim is premature. This argument is based upon a faulty premise. (People v. Schmeck (2005) 37 Cal.4th 240, 305, 33 Cal.Rptr.3d 397, 118 P.3d 451; People v. Box (2000) 23 Cal.4th 1153, 1217, 99 Cal.Rptr.2d 69, 5 P.3d 130.). It later was determined that two .22-caliber bullets removed from Maxine Zazzara's head and neck had been fired from the same gun later used to kill Chainarong K. Police discovered that the screen had been removed from a patio window at the Zazzara residence, which had been pried open. We have no problems with him understanding, with him being very rational, very intelligent. Whether a further inquiry was appropriate is a matter within the sound discretion of the trial court, which was in the best position to observe the jury. He forced her to kneel with her head on the bed and covered her head with a pillow. 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. No error appears. Q. 8.85, that it could consider under section 190.3, factor (a), the circumstances of the crime and the existence of any special circumstances, and could consider under section 190.3, factor (b) criminal activity other than the crimes charged in the present case. Do you understand the court is ordering you [to] do that? The third and fourth murders took place at the Whittier home of Vincent and Maxine Zazzara. (People v. Massie (1998) 19 Cal.4th 550, 570, 79 Cal.Rptr.2d 816, 967 P.2d 29, and cases cited therein.) He handcuffed Sakina A. to a doorknob, threatening to return and kill her, her three-year-old son, and her infant child if she called the police. Nothing in the record before us supports the conclusion that defendant's chances of receiving a fair trial were irreparably damaged. WebPhysical Address: Oakhill Correctional Institution 5212 County Hwy. Inside, she found her roommate, Okazaki, lying dead on the kitchen floor. The Court: You may be waiving any conflict. The persons so listed shall be fairly representative of the population in the area served by the court, and shall be selected upon a random basis. Defense counsel responded that defendant has up to now requested that he be given chains rather than a leg brace. (People v. Heard (2003) 31 Cal.4th 946, 973, 4 Cal.Rptr.3d 131, 75 P.3d 53; People v. Crittenden (1994) 9 Cal.4th 83, 132-133, 36 Cal.Rptr.2d 474, 885 P.2d 887.) But as time went on without a sign of Ramirez, the dentists office suggested installing an alarm that employees could press when Ramirez came back, directly alerting the cops, which they did. 558-559, 15 Cal.Rptr.3d 743, 93 P.3d 344.] The bedroom had been ransacked. ), 14. Dresser drawers were open and clothes had been thrown around the room. This court cannot guarantee that such result will not happen anyway; it can only attempt to safeguard against it. The court stated that it had informed Mr. Ramirez that neither Daniel Hernandez nor Arturo Hernandez have the legal experience which would qualify them to be appointed by this court to represent him in this case, nor do either attorney meet the qualifications set forth by the Los Angeles County Bar for the indigent criminal defense appointment panel.. Proc., 233, 234.) ] [Citation. Using the area within a 20-mile radius of the courthouse as the relevant community, the trial court ruled that the absolute disparity of 3.5 percent, which translated to a relative disparity of 20 percent, was not constitutionally significant. However, the factor relating to defendant's age, as set forth in these instructions, refers to any matter concerning defendant's age, maturity, and judgment which common experience or morality might indicate to be relevant to the issue of penalty. The court denied the motion, remarking: I have been observing the jury, and I did note on the day that I excused them, that they were visibly upset, quite frankly. Her eyes were never found. Please try again. An ambulance arrived and took him to the hospital where he was pronounced dead. I did it, you know. After taking a few labored breaths, Mr. Doi stopped breathing and the firefighters tried to resuscitate him. They should have shot me on the street. You probably know how vicious his crimes were but the true-crime series delves deeply into how bloody and gory they really were. How many more people are going to die?. ), As also noted above (ante, 46 Cal.Rptr.3d at p. 704, 139 P.3d at p. 87), defendant's behavior did not raise a question as to his ability to understand the nature of the proceedings or assist counsel in his defense.
