maxine zazzara house address

The absolute disparity between that figure (17.5 percent) and the percentage of Hispanics that appeared for jury service (14 percent) was 3.5 percent. 1237, 152 L.Ed.2d 291 (Mickens).) Instead, echoing a claim addressed above, defendant asserts he was denied due process of law under the Sixth and Fourteenth Amendments to the federal Constitution and article I, section 15 of the California Constitution because the trial court failed to inquire into defense counsel's possible conflicts of interest during the penalty phase. It later was determined that a .22-caliber bullet recovered from Yu's body had been fired from the same gun as the bullet that killed Dale Okazaki. Hernandez summoned the police. The prosecutor responded that the photographs were not unduly gruesome and were relevant to show that the body had been covered by a blanket (which affected the determination of the time of death), the nature and extent of her injuries, and the position of her clothing, which suggested a sexual assault. 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. Several days after Cannon was murdered, shortly after midnight on July 5, 1985, 16-year-old Whitney B. dressed for bed and sat down on her bed with the light on. Defense counsel stated that he had done extensive work interviewing potential witnesses in El Paso, Texas, and had located witnesses who are willing to come forth, but the defense had made a tactical decision not to present any additional evidence at the penalty phase. She was previously married to Vincent Zazzara. [Citation.] 7, 51 Cal.Rptr.2d 770, 913 P.2d 980.). It is something that you simply must not allow to interfere with your deliberations. The court added: And again, please do not expose yourself to any news media representation about this case., Shortly before 10:00 a.m. the following day, the court informed the jury that Juror Singletary had been shot to death for reasons unrelated to the present case. Our decision in Drumgo, accordingly, has no application here. The trial court did not err in failing to order a competency hearing sua sponte during the penalty phase. Duplicate names on the DMV list are eliminated by comparing the full last name and the first four letters of the first name on the two lists. The trial court did not err in failing to admit all of the evidence submitted by defendant in support of his motion for change of venue. ] (People v. Maury, supra, 30 Cal.4th 342, 395, 133 Cal.Rptr.2d 561, 68 P.3d 1. Atty., Los Angeles, Cal., argued, for plaintiff-appellee. From his questions I at this point do not have any question regarding his ability. The court dismissed the juror, replaced him with one of the alternate jurors, and instructed the jury to begin its deliberations anew. That is an avenue I think that has to be explored one way or another., The next month, on March 24, 1987, the court spoke to defense counsel about when they were going to file a severance motion and then added: The 1368 and related issues I would also like you to consider. No error appears. We held that before the jury could be instructed that it could infer a consciousness of guilt, the trial court must determine as a matter of law whether there is evidence in the record which, if believed by the jury, will sufficiently support the suggested inference. (Id. In the early days of his crimes, he knocked on the car hood of Maria Hernandez so she would see him before the attack, and he yanked Tsai-Lian Veronica Yu out of her car as opposed to shooting her through the window. 13, 65 Cal.Rptr.2d 145, 939 P.2d 259; People v. Arias (1996) 13 Cal.4th 92, 126, fn. However, when Ramirez did come in and the alarm was pressed it didnt go off. 2557, 2561, 165 L.Ed.2d 409.) ), As noted above, the disputed photographs were highly relevant. The court had the following exchange with defendant: The Court: Since you are bilingual, I want to inquire: the contract was written in English? Manuel Delatorre pursued and struck defendant on the head a second time, causing defendant to fall. In the following years, he would leave more of these pentagrams behind, and would also tell his victims to swear to Satan instead of God. (People v. Saunders, supra, 5 Cal.4th 580, 589, 590, 20 Cal.Rptr.2d 638, 853 P.2d 1093.) We did not hold that Daniel Hernandez and Arturo Hernandez provided ineffective representation. The Court: Did you read the entire contract? The trial court did not err in granting defendant's request to substitute counsel. He argues nonetheless that [e]volving due process standards and requirements of reliability of the death sentencing procedure have undermined the Court's analysis in those cases.. She screamed and her neighbor, Jose Burjoin, responded and ordered defendant to leave. 191, 800 P.2d 547, retained private counsel, but his first trial ended in a mistrial and he became indigent prior to the retrial. But defendant forfeited this issue by failing to object to the trial court's selection of the relevant community. The defense focused on the lack of physical evidence tying defendant to the charged crimes, attacked the reliability of the identifications of defendant, and offered the alibi that defendant was in Texas when the crimes against Mabel Bell, Florence L., and Carol K. were committed. Defendant maintains that he was deprived of his rights under the Eighth and Fourteenth Amendments to the federal Constitution because the trial court ordered that his determinate sentence of more than 59 years be served after execution of the death sentence. And by then, investigators knew Ramirez was watching the news, because he told a surviving victim, I am the Night Stalker.. [] Refusal to sever may be an abuse of discretion where: (1) evidence on the crimes to be jointly tried would not be cross-admissible in separate trials; (2) certain of the charges are unusually likely to inflame the jury against the defendant; (3) a weak case has been joined with a strong case, or with another weak case, so that the spillover effect of aggregate evidence on several charges might well alter the outcome of some or all of the charges; and (4) any one of the charges carries the death penalty or joinder of them turns the matter into a capital case. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. ), A trial court's denial of a motion for severance may be reversed only if the court has abused its discretion. The accuracy of determining if names on the two lists were duplicates would be increased if, in addition to the names, the birth date and address of the prospective jurors were compared. He has remembered things I have said at prior hearings and reported them back to me. The court stated it had no doubts about defendant's competency, and defendant interrupted the court to state: I am sane. Arturo Hernandez added that he and cocounsel have been visiting with Mr. Ramirez for a lengthy period of time. While being pulled over, Ramirez heard a broadcast of his kidnapping attempt on the cops radio and drew a pentagram on the hood of his stolen car and began running. Ft. single family home built in 1955 that was last sold on 10/31/1996. The documentary series also delves into Ramirezs past and the horrible trauma Ramirez had to face as a child. Her blouse had been pulled up. lihtc compliance checklist. More on that below. Elyas A. had been killed by a single bullet to the head. The Court: All right. Maxine Zazzara, 44, had been shot twice. (People v. Coleman, supra, 46 Cal.3d 749, 776, 251 Cal.Rptr. The Whittier, CA, home was familiar to Ramirez as he had burglarized it one year earlier. Heinrichs Development 702 N High Point Rd Ste 200 Madison, WI 53717 info@kettlecreekverona.com. Both attorneys fall short of these qualifications. 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. 885, 564 P.2d 1203, defendant argues that the trial court erred in failing to determine that the inference of consciousness of guilt was supported by sufficient evidence. I, 30, subd. He ordered her to lie on the bed and raped her and sodomized her. ), 14. The police arrived and found Cannon lying dead on the bed. Mr. Although several of the photographs certainly are gruesome, especially the photograph of Maxine Zazzara with her eyes cut out, they were not unduly so. Actually, I believe it was Tuesday, right before lunchtime, I believe about 11:30, he was sitting there and we're carrying on our normal deliberations, and you know, you could see he was nodding and then he just stood there, I would say about maybe a good four to five minutes maybe. Maxine Zazzara Tsai-Lian Yu Jennie Vincow 2. (People v. Braxton (2004) 34 Cal.4th 798, 813, 22 Cal.Rptr.3d 46, 101 P.3d 994; see also People v. Anderson (2001) 25 Cal.4th 543, 599, fn. Her blouse had been pulled up. On September 20, 1989, after the court accepted the jury's guilty verdicts, the prosecution indicated that it did not intend to present any further evidence at the penalty phase, but reserved the right to call rebuttal witnesses. A hearing was held on August 31, 1989. Okay. Menu. It is no disgrace. Sickeningly, it was then that Ramirez began to establish his signature attack style: shoot and kill the husband, then assault and stab the wife. The high court denied relief, distinguishing Holloway on the basis that counsel had not protested his inability simultaneously to represent multiple defendants. (Mickens, at p. 173, 122 S.Ct. He found his mother, Jennie Vincow, dead in her bedroom. We have repeatedly stressed that a defense counsel's failure to present mitigating evidence at the penalty phase does not make the proceeding unreliable in constitutional terms so long as (1) the prosecution has discharged its burden of proof at both phases of trial consistently with the rules of evidence and a constitutionally sound death penalty scheme; (2) the death verdict was rendered in accordance with proper instructions and procedures; and (3) the penalty jury considered the relevant mitigating evidence, if any, that the defendant has chosen to introduce. However, that lead would cause some issues down the line. [M]ore is required to raise a doubt [as to a defendant's competence] than mere bizarre actions [citation] or bizarre statements [citation] or statements of defense counsel that defendant is incapable of cooperating in his defense [citation] or psychiatric testimony that defendant is immature, dangerous, psychopathic, or homicidal or such diagnosis with little reference to defendant's ability to assist in his own defense [citation]. (People v. Laudermilk, supra, 67 Cal.2d 272, 285, 61 Cal.Rptr. The Night Stalker kept himself under control for almost a year, but on March 17, 1985, at approximately 11:30 P.M., he struck again. (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.) The Court: Mr. Hernandez, you are making an issue of it. The court viewed hours of videotape recordings of television news broadcasts. This was reasonable, because this was the area from which the jurors actually were summoned. Her husband, Christopher Petersen awoke and sat up and defendant shot him in the head, but he did not lose consciousness. Eventually, the court released the jury for the day and instructed them to return the following day, telling them the court was attempting to find out what exactly is going on with juror Singletary. The court admonished the jury, stating: Please do not concern yourself with this. Defendant places great emphasis on the prospective juror's statement that he would vote to impose the death penalty unless he was convinced otherwise, but this comment must be considered in light of the prospective juror's explanation that he would not necessarily be committed from the outset to the imposition of the death penalty. The trial court's implied finding that the prospective juror's views on the death penalty would not substantially impair the performance of his duties as a juror is supported by substantial evidence. omitted.) Burial. Delatorre's husband, Manuel, arrived and struck defendant on the head with a steel bar. ] [Citation. 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 Nearly a year after his arrest, on July 21, 1986, following the preliminary hearing, defendant filed a motion for change of venue. At the time, former Code of Civil Procedure section 203 stated that in the County of Los Angeles no juror shall be required to serve at a distance greater than 20 miles from his or her residence. Consequently, the jurors were summoned from the area within a 20-mile radius of the courthouse. The victim yelled for help from a neighbor who was a deputy sheriff. Thats a pretty sick individual. Indeed, he would help himself to food and drinks in the kitchen after his crime. Defendant's objection to the composition of the old master jury list was rendered moot. The Court: I am just wanting to know your education, sir. On September 27, 1989, defense counsel announced that the defense had made a tactical decision not to present any evidence at the penalty phase. 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.. 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. In the present case, defendant did not request such a limiting instruction. [Citation. ) (People v. Cornwell, supra, 37 Cal.4th 50, 106, 33 Cal.Rptr.3d 1, 117 P.3d 622; People v. Harris, supra, 37 Cal.4th 310, 366, 33 Cal.Rptr.3d 509, 118 P.3d 545.). Defendant later withdrew this instruction: The Court: I do not believe that this instruction is pertinent to any evidence that I've heard in this case. While in jail awaiting trial, defendant used his blood to draw a pentagram on the floor and write the number 666. The car was running with the transmission in reverse. Defendant requested a special instruction regarding sympathy: In the guilt phase of this case, you were instructed that you should not base your verdict on various irrelevant matters, including sympathy. He raped her, sodomized her, beat her, and forced her to orally copulate him. The appellate court presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. (People v. Kraft (2000) 23 Cal.4th 978, 1053, 99 Cal.Rptr.2d 1, 5 P.3d 68.) On January 20, 1988, defendant filed a motion to quash all existing jury panels on the ground that Hispanics were systematically underrepresented on the jury venire.8 An evidentiary hearing spanning several days was held in April and May, 1988. Ms. Evans now handles the legendary pianist and composer's estate along with attorney Steven Lowy and others. She had greater than forty inches of linear lacerations criss-crossing every direction on her head. She had been strangled, which resulted in a fractured larynx, and had black eyes. She had a thumb cuff2 on her left thumb and her other thumb had blood on it. You are free to assign whatever moral or sympathetic value you deem appropriate to each and all of the various factors you are permitted to consider. They were also concerned he was a copy cat of Charles Manson. He couldve left us a signed signature, Salerno says. Defendant in the present case exhausted his peremptory challenges to the alternate jurors, but did not express dissatisfaction with the jury ultimately selected. Sources (0) There are no historical documents attached to Vincent Charles. The court held that, assuming the defense expert was correct that there was a 3.5 percent absolute disparity between the percentage of jury-eligible Hispanics in the area within a 20-mile radius of the courthouse from which prospective jurors were drawn and the percentage of Hispanics that appeared for jury service, which amounted to a relative disparity of 20 percent, this did not appear to this court to be of constitutional significance The court went on to find that the petit jury selection process and procedures in Los Angeles County reasonably and practically comply with California Code of Civil Procedure sections 190, et seq. While declining to so order, the court urged the jury commissioner to improve the method used to remove duplicate names from the registrar of voters list and the DMV list by comparing the date of birth listed for duplicate names, noting that it appears all would benefit..

Josey Wales Kill Count, Arkansas Court Connect, Flying After Aortic Aneurysm Surgery, Big 10 Wrestling Championships 2022, Articles M