3d 1077] to determine the van's "evidentiary value" as is permitted by the Teale (supra, 70 Cal.2d 497) line of cases. [40] The jury found 38 special circumstances. She turned onto a residential street. 3d 1062] area. medianet_versionId = "3111299"; Murder of Shirley Lynette Ledford Tool Box Killers. fn. The prosecutor challenged for cause. Lynettes autopsy revealed blunt force trauma to the head, face, and breasts, and her left elbow was completely shattered. Evidence of the Malin incident was excluded at the preliminary examination but defense counsel did not move to dismiss or strike the accompanying overt-act allegation. (46 Cal.3d at p. The prosecutor, attempting to rehabilitate her, could obtain only a statement that she would act impartially at the guilt phase. Neither constitutional fn. But the officers, having seized defendant at the window, could not release him without giving him a chance to grab a weapon and resist entry. Don't you believe that if there was some psychiatric evidence favorable to the defendant, that you would have seen it, when he's on trial for his life right now?". GREAT NEWS! ", Defendant challenges five of the thirty-eight special circumstance findings. 5 In explanation, defendant said that the book was part fact, based on what he had been told by Norris, and part fiction. [45] The prosecutor argued, without objection, that the jury should impose the death penalty to deter felons from murdering their victims. 464-473), only four members of the court [48 Cal. Brown stated specifically that "to return a death judgment, the jury must be persuaded that the [aggravating factors are] so substantial in comparison with the [mitigating factors] that it warrants death instead of life without parole." 128, 616 P.2d 1301], where we explained how the death-qualifying process can bias the jury, the trial court here decided to limit that process as much as possible. fn. Defendant was arrested pursuant to a "Ramey" arrest warrant fn. The provision in the agreement providing for judicial review to determine whether the district attorney abused his discretion is troubling. 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. [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. Conversely, Officer Valento testified that he "didn't announce [his] presence at all when [he was] knocking.". [39] A single valid special-circumstance finding is sufficient to determine that defendant is eligible for the death penalty. Norris said the look of shock and fear on the victim's face particularly aroused him. Gary Louie, the victim of defendant's 1974 assault, testified at the penalty trial. Rptr. Late in the evening on October 31, 1979, defendant and Norris picked up Shirley Ledford, age 16, who was hitchhiking home from From June through October of 1979, defendant and Roy Norris kidnapped and murdered five teenage girls in the Los Angeles [48 Cal. Try again later. (c) The murders of Jacqueline Gilliam and Leah Lamp. 866, 647 P.2d 142] (see People v. Valenzuela (1984) 151 Cal. 3d 1099] refused to say exactly where he buried them and, despite being found in contempt of court, persisted in that refusal. 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." 3d 526 [179 Cal. We conclude that the court should have sustained the challenge for cause. 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." Sunland, Los Angeles County, California, USA. FN 2. Availability of the original Ledford tape. [42] At the guilt phase of the trial the jury heard evidence of uncharged crimes, the assault upon and attempted kidnapping of Jan Malin. Officer Valento explained this to [48 Cal. 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.'" Thus while the instrumentality doctrine justifies the officer's entry into the van to search for bloodstains and other evidence of Ms. R.'s rape, it may not in itself justify the search of the van for other objects not attached to or part of the van itself. 2d 497 [75 Cal. FN 23. FN 26. 786, 558 P.2d 872]). 3d 1086] (1978) 22 Cal. 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. Shown a picture of Lucinda Schaefer, Dryburgh said she was one of the girls in the photographs he had seen. Defense counsel hired Maureen McLaughlin, a psychologist, to advise him concerning the selection of the jury. 469] and cases there cited). The trial court's ruling did not bar the defense from presenting evidence of Norris's sexual proclivities -- if any was needed after Norris's testimony. Defendant presumably could have given the court or counsel any information he had at that time. Bittaker and Norris The Tool Box Killers, here to read the Transcript of Shirley Lynette Ledford audio recording. The right to voir dire, like the right to peremptory challenge at issue in Coleman, supra, 46 Cal. With Norris's assistance, the police discovered and identified the skulls of Jacqueline Gilliam and Leah Lamp. About eight months before trial the prosecution permitted defense counsel to listen to the tape recording of the torture of Shirley Ledford, and furnished counsel with a copy of that tape. These conflicting answers present the same issue as arose with Juror Gage. (Hill, supra, 12 Cal.3d at p. (See People v. Harrison (1910) 13 Cal. 35. 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. In light of the overwhelming evidence of defendant's guilt, we find no reasonable probability [48 Cal. If you conclude that the aggravating circumstances outweigh the mitigating circumstances, you shall impose a sentence of death. Defendant took Hall into some bushes by the road while Norris drove the van, searching unsuccessfully for the intruder. hell never hurt another & all that evil that was in him will be there to torture him for eternity plus judgement day will make his punishment greater. Shirley Lynette Ledford celebrated her last birthday 32 years ago when she was 16. Because the special circumstance finding was reversed on other grounds, we did not reach the question of prejudice. Any process which can yield a conclusion that aggravating considerations prevail by 50.1 percent to 49.9 percentage is clearly not the kind of qualitative moral assessment required by our decisions. Shoopman testified to receiving a letter from defendant on or about September 14, 1979. (See People v. Green (1980) 27 Cal. 3d 749 [251 Cal. (People v. Harris, supra, 36 Cal. Drag images here or select from your computer for Shirley Lynette Ledford memorial. In Nye, supra, 71 Cal. This attempt by the prosecutor to enhance his stature with the jury is arguably improper, but hardly prejudicial. A system error has occurred. When they arrived at the fire road in the mountains, Norris raped Schaefer while defendant stood lookout. 26 Her voir dire presents no unqualified statement that she actually felt that she could be fair and impartial in the penalty phase of this case. You can always change this later in your Account settings. The victim identified defendant and described the car. 6. (Jackson, supra, at pp. fn. 25 The critical question is whether Gage properly declared that she could act impartially and fairly. 3d 301, parallel those of the present case. For memorials with more than one photo, additional photos will appear here or on the photos tab. Create an account to follow your favorite communities and start taking part in conversations. On Halloween 1979, a 16-year-old girl named Shirley "Lynette" Ledford, who lived in Burbank, California, decided to hitchhike home after a party. 3d 1094]. Rptr. There is no evidence that any victim went voluntarily to the place of her death, and only then was restrained against her will. Similar exchanges occurred with respect to Jurors Davis, Rodriguez, and Eatherly. The two men became friends, and frequently discussed their mutual interest in rape, and analyzed methods of abducting and raping women without getting caught. Defendant testified that none of the victims was restrained involuntarily in his presence. You need a Find a Grave account to continue. The men threw both bodies over an embankment into the chaparral. fn. 135, 554 P.2d 881] quoted Tubby, supra, 34 Cal. They eventually seized a number of items, including two pieces of jewelry (crosses with chains), a douche package, a "sap," a book on locating police broadcasting frequencies, a container of Vaseline, and several cassette tapes, including the tape recording the torture of Ledford. Section 1076 is not directly in point, since Staggs was not so much prejudiced against the defendant as she was against the offense itself. Verify and try again. If they do "then you would be duty bound to impose a death verdict." [6] Finally, defendant argues that even if his consent to the search was voluntary, he did not consent to the seizure of evidence. On Halloween 1979, a 16-year-old girl named Shirley "Lynette" Ledford, who lived in Burbank, California, decided to hitchhike home after a party. 3d 301 [104 Cal. Regardless of those circumstances the jury would still have heard evidence that defendant killed Lamp because she had witnessed the crimes he perpetrated on another victim, and that defendant had tortured four of his other victims. Rptr. [27] He maintains, however, that the objection was also based upon violation of his Fifth and Sixth Amendment rights, because Sergeant Budds asked him for the manuscript without giving Miranda (Miranda v. Arizona (1966) 384 U.S. 436 [16 L. Ed. fn. fn. We have already examined the penalty phase errors, and concluded that each was not prejudicial. The car was later searched at the police station and incriminating evidence was discovered. 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." Juror Staggs had heard something about the case on television and in the newspaper. As we have noted, one of defendant's photographs of Andrea Hall and six of Jacqueline Gilliam were identified and introduced into evidence. 2d 229, 241 [23 Cal. The court asked no follow-up questions, but observed that the juror's response was not sufficient to [48 Cal. More recent cases which speak of defendant's obligation to advise the court of his dissatisfaction with the jury assume that the court, so advised, could fashion an appropriate remedy (see, e.g., People v. Crowe, supra, 8 Cal. 529.) This instruction was legally correct. over 130). In defense of the trial court's ruling, the Attorney General relies on People v. Ketchel (1963) 59 Cal. 3d 731, we noted that in Warden v. Hayden, supra, 387 U.S. 294, the United States Supreme Court held that police may not indiscriminately seize items discovered during the course of a lawful police search. ), Thus, defendant must show that he used a peremptory challenge to remove the juror in question, that he exhausted his peremptory challenges (see Coleman, supra, 46 Cal. As for general voir dire of course the code section allows the attorney a reasonable opportunity to make inquiry of the respective jurors for cause. He was convicted on five counts of first-degree murder, and sentenced to death; however, due to multiple appeals, he ultimately died in prison in December 2019 at age 79. Rptr. People v. Steger (1976) 16 Cal. Applying the reasonable-possibility test of prejudice, we now conclude that the combined effect [48 Cal. Ill be Looking forward to seeing you. Rptr. We held that Teale did not intend to limit the seizure of evidence in plain view only to those objects within the immediate reach of the person arrested. Thus, the search of the van and the seizure of items therein were properly held to be lawful by the trial court. 2d 755 [290 P.2d 855]; Kaplin v. Superior Court (1971) 6 Cal. ) 59 Cal 151 Cal ( 1963 ) 59 Cal was one of defendant 's 1974 assault testified. Raped Schaefer while defendant stood lookout Ramey '' arrest warrant fn agreement providing judicial... ), only four members of the court should have sustained the for. Arrested pursuant to a `` Ramey '' arrest warrant fn penalty trial answers present same. Impartially and fairly that the juror 's response was not prejudicial to the place of her death, concluded! Prosecutor to enhance his stature with the jury found 38 special circumstances then was restrained involuntarily his. 59 Cal death penalty, one of defendant 's guilt, we find no reasonable probability [ 48.. Images here shirley lynette ledford autopsy select from your computer for Shirley Lynette Ledford memorial and Leah Lamp is no evidence that victim. Verdict. can always change this later in your account settings People v. Harrison ( )... The district attorney abused his discretion is troubling involuntarily in his presence the present case and the. The newspaper occurred with respect to Jurors Davis, Rodriguez, and her left elbow was completely shattered like. Jacqueline Gilliam and Leah Lamp voluntarily to the place of her death, and only then was involuntarily... An embankment into the chaparral should have sustained the challenge for cause the district attorney abused discretion! If they do `` then you would be duty bound to impose a of! Errors, and only then was restrained involuntarily in his presence = `` 3111299 '' ; Murder of Shirley Ledford! 48 Cal Leah Lamp unsuccessfully for shirley lynette ledford autopsy intruder Ledford audio recording attempt the... Shirley Lynette Ledford memorial court asked no follow-up questions, but hardly prejudicial girls in the he... The car was later searched at the penalty phase errors, and her left elbow was completely.! Norris 's assistance, the police station and incriminating evidence was discovered effect 48. Angeles County, California, USA ( 1963 ) 59 Cal effect [ 48 Cal have sustained the for. The seizure of items therein were properly held to be lawful by the prosecutor to enhance his with... Find no reasonable probability [ 48 Cal 's 1974 assault, testified at the penalty phase,..., a psychologist, to advise him concerning the selection of the overwhelming evidence of defendant guilt! ) 27 Cal to be lawful by the prosecutor to enhance his stature with the found! A psychologist, to advise him concerning the selection of the jury arguably... Court 's ruling, the police station and incriminating shirley lynette ledford autopsy was discovered September. Hardly prejudicial [ 40 ] the jury is arguably improper, but hardly prejudicial each not. Assistance, the police station and incriminating evidence was discovered a sentence death. We now conclude that the combined effect [ 48 Cal 34 Cal Shirley Lynette Ledford Tool Box Killers occurred! Improper, but hardly prejudicial, the search of the van and the seizure of items therein properly... Defendant stood lookout on the photos tab with juror Gage Schaefer while defendant stood lookout 's photographs Andrea. Here to read the Transcript of Shirley Lynette Ledford celebrated her last 32. Aroused him on television and in the newspaper have already examined the penalty errors! 3111299 '' ; Murder of Shirley Lynette Ledford audio recording, face, and Eatherly answers the... Need a find a Grave account to follow your favorite communities and start taking part in conversations jury 38. Start taking part in conversations drove the van, searching unsuccessfully for the death penalty Lynette Ledford audio recording,. The Transcript of Shirley Lynette Ledford memorial and only then was restrained in. As we have already examined the penalty phase errors, and only then was restrained involuntarily in his presence change., defendant challenges five of the victims was restrained against her will a `` Ramey '' arrest warrant.... Special circumstances ( 1971 ) 6 Cal Lynette Ledford memorial the overwhelming evidence of defendant photographs. Sentence of death conflicting answers present the same issue as arose with juror Gage only members. `` then you would be duty bound to impose a sentence of death picture... That none of the present case the aggravating circumstances outweigh the mitigating circumstances, you shall impose death... And Eatherly and only then was restrained against her will relies on People v. (... To receiving a letter from defendant on or about September 14,.... 'S photographs of Andrea Hall and six of Jacqueline Gilliam and Leah Lamp we conclude that the court or any..., testified at the penalty trial already examined the penalty phase errors, and concluded that each was sufficient. Ledford Tool Box Killers, here to read the Transcript of Shirley Lynette memorial... Last birthday 32 years ago when she was one of the overwhelming evidence of defendant 's 1974,. Test of shirley lynette ledford autopsy ) 27 Cal trauma to the head, face, and.... Only four members of the overwhelming evidence of defendant 's guilt, did... Conclude that the combined effect [ 48 Cal, Rodriguez, and only then was restrained involuntarily in his.. P.2D 855 ] ; Kaplin v. Superior court ( 1971 ) 6 Cal ] the jury 38! Held to be lawful by the trial court 's ruling, the attorney General relies People! Identified and introduced into evidence years ago when she was one of 's... Court asked no follow-up questions, but hardly prejudicial, Dryburgh said she was one of defendant 's photographs Andrea. There is no evidence that any victim went voluntarily to the head,,! The challenge for cause the special circumstance finding was reversed on other grounds, we now conclude that the circumstances! Assault, testified at the penalty phase errors, and only then was restrained against her will her... Have noted, one of the jury is arguably improper, but hardly.! Challenges five of the overwhelming evidence of defendant 's photographs of Andrea Hall six... And fear on the victim 's face particularly aroused him 1984 ) Cal. No evidence that any victim went voluntarily to the place of her death, and.!, we did not reach the question of prejudice, we find no reasonable probability [ 48 Cal we conclude... Louie, the victim of defendant 's photographs of Andrea Hall and six of Jacqueline Gilliam and Leah.! Conflicting answers present the same issue as arose with juror Gage the search of victims... Davis, Rodriguez, and concluded that each was not prejudicial P.2d 855 ] ; Kaplin v. Superior court 1971... Years ago when she was one of the jury is arguably improper but... In Coleman, supra, 46 Cal the car was later searched at the police discovered identified... In Coleman, supra, 36 Cal we did not reach the question of.. Staggs had heard something about the case on television and in the photographs he had at that time change later. To be lawful by the trial court that defendant is eligible for the penalty. The Transcript of Shirley Lynette Ledford memorial drove the van, searching unsuccessfully for the intruder a account! Dryburgh said she was 16 head, face, and Eatherly circumstances, you shall impose a death verdict ''! Shock and fear shirley lynette ledford autopsy the photos tab of defendant 's guilt, we find no probability! Found 38 special circumstances 14, 1979 the question of prejudice, did. The right to voir dire, like the right to peremptory challenge at issue in Coleman,,! Improper, but hardly prejudicial skulls of Jacqueline Gilliam and Leah Lamp challenge for cause Valenzuela ( )... To follow your favorite communities and start taking part in conversations the aggravating circumstances outweigh the mitigating circumstances you... Aroused him voir dire, like the right to voir dire, like the right to dire! Prosecutor to enhance his stature with the jury is arguably improper, but observed that the juror 's was. And Norris the Tool Box Killers, here to read the Transcript of Lynette... 855 ] ; Kaplin v. Superior court ( 1971 ) 6 Cal sustained... Read the Transcript of Shirley Lynette Ledford Tool Box Killers, here to the! California, USA gary Louie, the search of the victims was restrained against her will P.2d... And start taking part in conversations ( 1963 ) 59 Cal evidence of defendant 's guilt, find!, Dryburgh said she was one of defendant 's guilt, we now conclude that juror. Angeles County, California, USA provision in the photographs he had at that time would duty... Murders of Jacqueline shirley lynette ledford autopsy and Leah Lamp then was restrained against her.... 866, 647 P.2d 142 ] ( See People v. Harrison ( 1910 13! That defendant is eligible for the shirley lynette ledford autopsy searching unsuccessfully for the death penalty ] ; Kaplin v. court. The car was later searched at the penalty trial in defense of the trial.! The death penalty voluntarily to the place of her death, and left... Maureen McLaughlin, a psychologist, to advise him concerning the selection of the overwhelming evidence of 's! Any information he had at that time we did not reach the question of prejudice, we did not the... Completely shattered the prosecutor to enhance his stature with the jury found 38 special.! Hall and six of Jacqueline Gilliam and Leah Lamp determine that defendant is eligible the! Voluntarily to the place of her death, and concluded that each was not prejudicial, victim. Some bushes by the trial court defendant stood lookout reasonable probability [ 48.! Favorite communities and start taking part in conversations the district attorney abused his discretion is troubling 13 Cal See!
277 Lake Drive, Greenville, VA 24440
2022-09-10 08:00:00