L[.] Gallegos identified defendant at trial. Counsel in Ortiz, Daniel Hernandez and Arturo Hernandez, are the same attorneys who represented defendant in this case. Stay up-to-date with how the law affects your life. 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. You can see Satan on my arm. Defendant moved his shirt sleeve to reveal a pentagram drawn on his left shoulder. A window in the bedroom was open and the bedroom had been ransacked. One of the only trails investigators had was a shoe print he left in a flower bed in one of his earlier murders. Ms. Evans now handles the legendary pianist and composer's estate along with attorney Steven Lowy and others. (Note: What you are about to read might be disturbing and upsetting.). A. Maxine Levenia Tedder Zazzara (1940-1985) - Find a Grave Copyright 2023, Thomson Reuters. [] [], For these reasons, the court is going to take the matter of the substitution of attorneys under submission until October 24, 1985, to allow the defendant to investigate the attorneys he now wishes to hire, if he so desires, and for him to have the contractual agreement looked at by an independent attorney. 4. 81, 9, p. 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. She did not lose consciousness, but lay still. The trial court conducted an extensive and appropriate inquiry into defendant's awareness of the possibility of a conflict of interest, offered defendant separate counsel to advise him, and obtained assurances from defense counsel that no such conflicts existed or were likely to arise. Accepting defendant's position would further delay for decades the imposition of the death sentences. 867, 750 P.2d 741, we recognized a theoretical problem in section 190.3, factor (a), because it directs the jury to consider both the circumstances of the crimes and the existence of any special circumstances. We noted: Since the latter are a subset of the former, a jury given no clarifying instructions might conceivably double-count any circumstances' which were also special circumstances. On defendant's request, the trial court should admonish the jury not to do so. We were quick to point out, however, that the possibility of actual prejudice seems remote (Ibid. On September 27, 1989, defense counsel announced that the defense had made a tactical decision not to present any evidence at the penalty phase. She had injuries on her body caused by burns. She stopped breathing and the officers administered CPR until an ambulance arrived. Evidence linked some of the groups of offenses suggested by defendant in the trial court. Police recovered fingerprints from the screen found on the living room floor that later were identified as defendant's fingerprints. Rather than explain why the proposed instruction was proper and request a ruling, trial counsel simply withdrew the proposed instruction. Defendant argues on appeal that the trial court erred in denying his motion for severance in violation of his Fifth, Sixth, Eighth, and Fourteenth Amendment rights, asserting that this case could have been easily severed, for example, into four separate groups. The trial court did not err in denying defendant's severance motion.6, Section 954 permits related offenses to be charged in a single accusatory pleading unless there is good cause to try them separately: An accusatory pleading may charge two or more different offenses connected together in their commission or two or more different offenses of the same class of crimes or offenses, provided, that the court in which a case is triable, in the interests of justice and for good cause shown, may in its discretion order that the different offenses or counts set forth in the accusatory pleading be tried separately or divided into two or more groups and each of said groups tried separately., Defendant's motion in the trial court to sever the charges was confusing. We agree. On August 30, 1985, law enforcement officers had focused their suspicion upon defendant and obtained a photograph of him, which they distributed to law enforcement agencies throughout Southern California and released to the news media. [Citation. In any event, the trial court did not err in refusing to excuse for cause Prospective Juror Robert D. A prospective juror must be excused if his views on the death penalty would prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath. (People v. Griffin (2004) 33 Cal.4th 536, 558, 15 Cal.Rptr.3d 743, 93 P.3d 344, quoting Wainwright v. Witt (1985) 469 U.S. 412, 424, 105 S.Ct. Each juror makes an individual evaluation of each fact or circumstance offered in mitigation of penalty. ] (People v. Panah, supra, 35 Cal.4th 395, 447, 25 Cal.Rptr.3d 672, 107 P.3d 790. He found his mother, Jennie Vincow, dead in her bedroom.
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