maxine zazzara house address

The court, however, has no sua sponte duty to instruct the jury not to do so. The People correctly point out that defendant did not ask the trial court to sever the charges into these four groups, and the trial court had no sua sponte duty to do so. 204.) The Court: The filing of any notices of appeal? 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. ), Defendant cites no case, and we are aware of none, in which a conviction was reversed because the court granted the defendant's request to substitute counsel. READ MORE. He continued to beat her, forcing her to swear upon Satan that she would not scream. You heard the description of the wounds that she suffered and these photographs do depict those wounds. In response to the court's question, Daniel Hernandez confirmed that he had done extensive work interviewing potential witnesses in El Paso, and had located witnesses who are willing to come forth, but explained that the defense had decided not to present these witnesses. The temperature of the victim's liver indicated she had been dead only a couple of hours, but that estimate may have been inaccurate, because the body had been covered and the room may have been warm. The trial court did not err and was not required to review the terms and conditions of the retainer agreement. [T]he refusal of a defendant to provide an exemplar in violation of a court order is admissible evidence of the defendant's consciousness of guilt. [Citations. The court accepted defendant's waiver. 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. (a).) The Court: You are aware that the court did provide an independent attorney for you to discuss any questions you might have with him? 177, 639 P.2d 248: [C]hosen representation is the preferred representation. When he was arrested, defendant invited the police to kill him, and asked to borrow a gun so he could kill himself. 346-347, 100 S.Ct. Now, Netflixs docuseries Night Stalker: Searching for a Serial Killer delves into how investigators finally apprehended the killer, after he managed to evade law enforcement for a year. Later, in an interview from jail, he posed the question of whether serial killers are born or bred. [] [], 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. Defendant's claim also fails on the merits. The de novo standard of review applies to our consideration of the five relevant factors: (1) nature and gravity of the offense; (2) nature and extent of the media coverage; (3) size of the community; (4) community status of the defendant; and (5) prominence of the victim. [Citation.]' 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. 188, 450 P.2d 580, such intent cannot support a finding of felony-murder. She had a thumb cuff2 on her left thumb and her other thumb had blood on it. Dr. Raymond Weeks, a professor of sociology, was called by defendant as an expert on demographics and testified that he analyzed questionnaires of more than 10,000 persons who appeared for jury service in the Central Judicial District from August to mid-December of 1987 and noted that 14 percent identified themselves as Hispanic. Yes; the hair, the clothing, the glasses. [] I am concerned with the fact that he has surely missed a great percentage of the testimony throughout this trial. No error appears. Delatorre's husband, Manuel, arrived and struck defendant on the head with a steel bar. As explained above, reversal of the judgment is not required because there were no significant errors in defendant's trial. May 14, 1985: Bill Doi was fatally shot and Lillian Doi was raped. 1692 [If a district court agrees to the multiple representation, and the advocacy of counsel is thereafter impaired as a result, the defendant may well claim that he did not receive effective assistance].) Defendant expressly does not claim on appeal that counsel were ineffective, noting that [a] claim of ineffective assistance of counsel will be separately presented in a related petition for writ of habeas corpus.. [] []. As the trial court correctly observed, no age-related matter was suggested by the evidence in this case. ] (People v. Bradford, supra, 15 Cal.4th 1229, 1315, 65 Cal.Rptr.2d 145, 939 P.2d 259. 2531, 159 L.Ed.2d 403, alter this conclusion (People v. Cornwell (2005) 37 Cal.4th 50, 103, 104, 33 Cal.Rptr.3d 1, 117 P.3d 622.). [] Since we are nearing deliberations, I am concerned that he will not be able to input with total knowledge of what was testified to during the trial. 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. 5, 273 Cal.Rptr. 6, 20 Cal.Rptr.2d 638, 853 P.2d 1093. Hernandez summoned the police. As you are aware I am sure, he tends to catnap during the day. They struggled as the car moved and struck a chimney. ), Defendant contends he was denied both the right to a fair trial by an independent tribunal and the right to the minimum guarantees for a criminal defense under customary international law as informed by the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), and the American Declaration of the Rights and Duties of Man (American Declaration). Defendant further asserts he suffered racial discrimination which constituted violations of customary international law., This claim fails because, as explained above, defendant was not denied a fair trial or subjected to racial discrimination. She had been strangled and beaten and stabbed in the neck. 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. The Court: All right. 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. I'm disappointed, but I guess not exactly surprised. The trial judge remarked that he could not say the juror has slept, but he certainly has jerked his head up abruptly from time to time as if he were nodding off or had nodded off and was awakening, but I cannot say that I have ever found him to be asleep., The court conducted a hearing and asked the jury foreperson whether he had actually seen the juror asleep. April 14, 1985: Ramirez slipped into the Monterey Park home of Bill Doi and his disabled Gallegos stated he was concerned by a news report he heard on the radio indicating my client wanted to plead guilty to 14 counts of murder providing the district attorney's office would drop the counts involving minor children. The court noted that it previously had ordered a psychiatric evaluation of defendant at the request of the public defender, who then represented defendant. too much, made some remarks to the jury in general and was looking at him in particular as I was making these remarks with regards to paying attention but he even during argument occasionally would again bounce his head up and down quickly as if rudely awakening himself or something of that nature. A change of venue must be granted when the defendant shows a reasonable likelihood that in the absence of such relief, a fair trial cannot be had. Garden of Commemoration, Sec. The trial court overruled the objection, stating: I find that their probative value far exceeds any inflammatory nature, although again, they are not pleasant to look at, but this is a murder case, but they would be useful certainly for a doctor to use to give the cause of death, perhaps the manner of death. (a); 954.1), we apply the law predating Proposition 115. The jury reasonably could have concluded that defendant abandoned his plan to steal in order to flee and avoid apprehension. ] (People v. Cornwell, supra, 37 Cal.4th 50, 105-106, 33 Cal.Rptr.3d 1, 117 P.3d 622. He ordered her to lie on the bed and raped her and sodomized her. WebSee sales history and home details for 10234 Strong Ave, Whittier, CA 90601, a 3 bed, 3 bath, 2,012 Sq. In addition to reading the list of factors set forth in section 190.3 and recounted in CALJIC No. [Citation.] Defendant took Carol K. to her bedroom, put the gun to her head and threatened to kill her, then tied her hands behind her with a pair of pantyhose. lihtc compliance checklist. [Citation. In response to questioning by defense counsel, the prospective juror agreed that he was a strong supporter of the death penalty, rating his support as eight on a scale of 10. 618, 545 P.2d 1322.). Because the statutory requirements for joinder were met, defendant can establish error only on a clear showing of prejudice. The trial court did not err in granting defendant's request to substitute counsel. The court gave the standard sentencing instruction (see CALJIC No. All rights reserved. Arturo Hernandez: We realize that, your honor, and we are willing to undertake that risk. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. WebOn March 28, 1985, about 8:30 p.m., Polo went to the home that Vincent Zazzara shared with his wife Maxine to deliver the days receipts from the restaurant and found the screen door unlocked and the front door ajar. Again, you know, he was nodding and he was asleep because I could hear him snoring, The court dismissed the juror over defendant's objection, stating: I have from time to time observed Mr. Frank Moreno and Carmelo Robles responded and chased defendant down an alley. ) (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.). 503, 781 P.2d 537, fn. Somehow, reporters heard about the shoe print lead and threatened to print it. Defendant subsequently exercised a peremptory challenge to excuse Prospective Juror Robert D. and eventually exhausted his peremptory challenges to the alternate jurors. Los Angeles County sheriff's detective Russell Uloth, testifying at Richard Ramirez's trial on 13 counts of murder, said he examined the body of Maxine Zazzara, 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. A. 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. The record will so reflect, the defendant has refused to stand, take his glasses off and face my clerk so that the profile could be seen by the witness., At the close of the guilt phase of the trial, the court instructed the jury, over defendant's objection, that defendant's refusal to stand and remove his sunglasses is not sufficient standing alone and by itself to establish the guilt of the defendant, but it is a fact which, if proved, may be considered by you in the light of all other facts in deciding whether defendant is guilty or not guilty. He was previously married to Maxine Zazzara and Betty Grace Peterson Zazzara. In the present case, defendant did not request such a limiting instruction. On October 9, 1985, Municipal Court Judge Elva Soper removed the public defender as counsel subject to defendant providing a written agreement retaining attorney Joseph Gallegos. Defendant's objection to the composition of the old master jury list was rendered moot. It simply isn't proving anything. The point is that what you are presenting is cumulative and repetitive and it isn't proving anything. She fell to the ground and lay still while defendant entered the condominium. We review for abuse of discretion the trial court's determination to discharge a juror and order an alternate to serve. Hernandez approached the front door of her condominium and found it ajar. The court admitted the photographs, ruling that they were relevant and adding, although they are not particularly pleasant to look at, they were not so unduly gruesome to inflame the jury., The court admitted into evidence over defendant's objection that it was cumulative and irrelevant a photograph of Dale Okazaki lying dead on the floor with spilled groceries near her as she was found by law enforcement officers. Defendant's confidence in his lawyer is vital to his defense. She was previously married to Vincent Zazzara. ), Defendant requested the following jury instruction: One of the factors for you to consider in determining the penalty is the age of the defendant at the time of the offense(s). This film of the defendant's confession was shown three times on a local television station in the small Louisiana parish where the crimes were committed and was seen by a substantial segment of the population of the parish. In court, during his arraignment in municipal court, defendant said, Hail Satan, and displayed a pentagram and the number 666 on his palm. 339, 651 P.2d 1145.) The neighbor returned the child to his home, found Sakina A., and summoned the police. We disagree. In the past, other cases were decided under other laws which are no longer in effect. It is a decision which must be made by the defendant In addition, the court has requested that the agreement retaining Mr. Arturo Hernandez and Mr. Daniel Hernandez be reduced to writing and that Mr. Ramirez be given the opportunity to discuss that contract with an independent attorney appointed by this court. 630, 774 P.2d 659, defendant is entitled to relief only if he can actually show that his right to an impartial jury was affected because he was deprived of a peremptory challenge which he would have used to excuse a juror who sat on his case. Unless, in addition to exhausting his peremptory challenges, the defendant expresses dissatisfaction with the jury ultimately selected, we cannot know whether the earlier denial of the challenge for cause deprived the defendant of a peremptory challenge that he or she would have used to excuse a juror who sat on his case. In People v. Burgener, supra, 29 Cal.4th 833, 856, 129 Cal.Rptr.2d 747, 62 P.3d 1, we observed that it was uncertain whether an absolute disparity of 10.7 percent, which produced a relative disparity of 65 percent, was sufficient to satisfy the second prong of the Duren test. 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.. ), In any event, we did not hold in Williams that the area within a 20-mile-radius area of the courthouse could not be used as the relevant community for this purpose. [Citations. Police found a sliding glass door had been pried open. From his questions I at this point do not have any question regarding his ability. 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. at p. 987, 275 Cal.Rptr. 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. Their throats had been slashed and they had been shot in the neck and head. Can he stand? Later he gouged out Maxine's eyes and took them with him. He used a wide variety of weapons and would leave behind satanic symbols. She screamed and her neighbor, Jose Burjoin, responded and ordered defendant to leave. Defendant unsuccessfully objected to a second photograph of the victim lying on the floor, arguing that it was irrelevant because the victim's body had been moved when it was examined and, thus, the photograph did not depict the scene as it was found by the investigators. With only one exception, there was evidence of the theft of property in each of the other charged crimes in which defendant entered a residence. (Compare Sheppard v. Maxwell (1966) 384 U.S. 333, 86 S.Ct. Defendant challenges the sufficiency of the evidence to support his conviction of the second degree murder of Tsai-Lian Yu, asserting that the evidence is insufficient to establish malice because it does not establish that he intended to kill Yu and, if he did, that he did not act in the heat of passion, or upon a sudden quarrel, or in unreasonable self-defense. WebVincent Zazzara was born on 8 October 1920. (People v. Turner [(2004)] 34 Cal.4th [406] at pp. 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. WebVincent Zazzara was born on October 8, 1920. (Ante, 46 Cal.Rptr.3d at pp. Citing the decisions in Wheat v. United States (1988) 486 U.S. 153, 108 S.Ct. 439-440 [20 Cal.Rptr.3d 182, 99 P.3d 505]; People v. Brown [(2004)] 33 Cal.4th [382] at p. 404 [15 Cal.Rptr.3d 624, 93 P.3d 244] [International law does not prohibit a sentence of death rendered in accordance with state and federal constitutional and statutory requirements]. Broadly, they embrace all situations in which an attorney's loyalty to, or efforts on behalf of, a client are threatened by his responsibilities to another client or a third person or by his own interests.' [Citation.] Michele After the jury had been selected and sworn, Prospective Juror Robert D. was examined for selection as an alternate juror. Photographs later taken of the crime scene showed poor lighting conditions that would make an identification of the assailant difficult. 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. [Citations. An actual conflict of interest means a conflict that affected counsel's performance-as opposed to a mere theoretical division of loyalties. [Citation. She had injuries on her body caused by burns. The circumstance that there was no evidence of theft during the commission of the attempted murder of Hernandez and the murder of Okazaki does not establish that defendant did not harbor the intent to steal when he entered the residence. He doesn't look the same as he looked that night? 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. 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. 191, 800 P.2d 547, defendant argues that the trial court violated its positive, sua sponte duty under the Sixth Amendment of the federal Constitution and article I, section 15 of the California Constitution to ensure that appellant would be represented by qualified, effective counsel by granting defendant's request to substitute counsel. [Citation. ] [Id. A burglary is committed if the defendant enters a residence or other enumerated structure with intent to commit grand or petit larceny or any felony. (459.) Defendant asserts that the joinder of the charges resulted in gross unfairness and deprived him of a fair trial. The police officer who discovered the AC/DC cap at the scene of Dale Okazaki's murder testified the cap was just inside the threshold of the garage. Defendant introduced evidence that participation in Neighborhood Watch programs probably doubled while the murders were occurring. Defendant pointed his gun at her, but then ran away. Citing our decision in People v. Hannon (1977) 19 Cal.3d 588, 138 Cal.Rptr. WebMaxine Zazzara (1940-1985) Maxine Zazzara. We have consistently upheld the introduction of autopsy photographs disclosing the manner in which a victim was wounded as relevant not only to the question of deliberation and premeditation but also aggravation of the crime and the appropriate penalty, all of which were at issue here. You can see Satan on my arm. Defendant moved his shirt sleeve to reveal a pentagram drawn on his left shoulder. The record reflects that the experienced trial judge was well aware of his duty to weigh the prejudicial effect of the photographs against their probative value, and carefully did so. As noted above, defendant argues that the trial court erred in granting his request to substitute counsel, but the cases he cites do not support his assertion that the trial court had a sua sponte duty to ensure that he would be represented by qualified, effective counsel. Defendant twice asserts in his opening brief that in People v. Ortiz, supra, 51 Cal.3d 975, 275 Cal.Rptr. ] (United States v. Gonzalez-Lopez (2006) 548 U.S. 140, 126 S.Ct. Give me your gun, I'll take care of myself. Ramirez was accused of entering a home in Orange County and slaying someone there.I have not learned anything about this case. I, 16.) 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. Section 654 does not, therefore, preclude imposition of both the determinate sentences and the death sentences. at p. 476, 106 Cal.Rptr.2d 313, 21 P.3d 1225. This argument is based upon a faulty premise. On November 7, 1989, the trial court sentenced defendant to death on his 12 convictions for first degree murder with special circumstances and a term of 59 years and 4 months on his 11 convictions of noncapital crimes. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 885, 564 P.2d 1203.) Substantial evidence is evidence that raises a reasonable doubt about the defendant's competence to stand trial. [Citation.] A police officer soon arrived and found Yu breathing but unconscious. The trial court in the present case was correct that the 3.5 percent absolute disparity and 20 percent relative disparity between the percentage of Hispanics who appeared for jury service and the percentage of Hispanics in the area within 20 miles of the courthouse was not constitutionally significant. Jury selection commenced on July 21, 1988. In order to preserve this issue for review, the defendant must object to the panel or move to quash the jury venire on this ground. (People v. Lewis (2001) 25 Cal.4th 610, 634, 106 Cal.Rptr.2d 629, 22 P.3d 392.) 4. at p. 742, fn. The remaining names on the DMV list and all of the names on the registrar of voters list are combined to form the master list. Proc., 233, 234.) Photographs were taken of the location near the Doi residence where Launie Dempster, the newspaper deliverer, had seen defendant in a parked car shortly before the murder. Mr. (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. Defendant contends there is insufficient evidence that defendant entered the residence with the intent to commit larceny because [t]here was no evidence of theft, ransacking, or attempted taking of property. Defendant concedes that the evidence supports a finding that defendant entered the residence with the intent to commit murder or assault, but correctly notes that under the merger doctrine announced in People v. Ireland (1960) 70 Cal.2d 522, 539, 75 Cal.Rptr. at p. 726, 83 S.Ct. A list of qualified prospective jurors is obtained based upon responses to prospective juror questionnaires sent to persons on the master list. Jurors may be particularly reluctant to express themselves freely in the jury room if their mental processes are subject to immediate judicial scrutiny. Before dawn on May 30, 1985, Carol K. was awakened in her Burbank home by defendant. Each juror must assign the factors present in this case whatever weight the juror finds to be appropriate. The Court: Mr. Daniel Hernandez, you are nodding your head yes. Do you-. ), It is clear that the challenged photographs were relevant. This court reversed the ensuing judgment of conviction, holding that the trial court erred in requiring the defendant to demonstrate that his attorneys were incompetent before allowing him to discharge them.4 (Ortiz, at p. 987, 275 Cal.Rptr. The instruction was proper: The evidence introduced by the prosecution at the guilt phase of defendant['s] trial was relevant to prove defendant [] guilty of the murders charged in this case. The prosecution presented the testimony of a person who had purchased stolen property from defendant on numerous occasions. This change increased the percentage of Hispanics on the master list to 28.4 percent, which is more than both the 17.5 percent of the population within a 20-mile radius of the courthouse and the 26.3 percent of the population in the Central Judicial District. Trematodes are parasitic worms, found in the bodies of various animals, having a flattish or cylindrical form, with skin often perforated by pores, and usually furnished with adhesive suckers. (18 Oxford English Dict. ), 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. Because the jury was instructed to determine only whether defendant entered the residence with the specific intent to commit larceny, we do not consider whether the evidence that Okazaki was found with her blouse pulled up would have supported a finding that defendant entered the residence with intent to commit a sexual offense. [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. Raymond Arce, Director of Jury Management, Office of the Jury Commissioner, testified that each fiscal year, usually in May, a master list of potential jurors in Los Angeles County is compiled using records from the county registrar of voters and the California Department of Motor Vehicles. ), The Sixth Amendment to the United States Constitution guarantees that In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed The California Constitution declares that Trial by jury is an inviolate right and shall be secured to all (Cal.

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