shirley lynette ledford autopsy

2d 497, to uphold a seizure of the defendant's car, parked outside his apartment, although the defendant had been arrested inside his apartment. Their actions turned into a "search," and thus a warrant was necessary. 363.) The "search" (listening) of the Ledford tape. He argues that the testimony was improper under Evidence Code section 730 because defendant did not put his mental state in issue. 563, 513 P.2d 611].). 1, 609 P.2d 468].). (Italics added.) Are you sure that you want to remove this flower? Although found in contempt of court, he refused to divulge their exact location, and a police search failed to find them. 1, 700 P.2d 782], as a reference to a nonstatutory aggravating factor. Miller v. Pate (1967) 386 U.S. 1 [17 L. Ed. Rptr. Is that true?" 547.). 649, 491 P.2d 1]). These repeated displays of concern about the death penalty before any evidence of guilt has been presented may prompt the jurors to infer that the court and counsel assume the penalty trial will occur." [48 Cal. There was a problem getting your location. (People v. Armendariz (1984) 37 Cal. During voir dire, Kuriki stated that she did not think that she could be fair, because she would get emotionally involved. You can customize the cemeteries you volunteer for by selecting or deselecting below. Defendant drove to a secluded area, stopped, and drew a knife. 3d 1, 28.). Defendant was sentenced to death. 3d 1097]. After the third knock, the bathroom window to the immediate right of the door was opened by the defendant, who asked, "Who is it?" 3d 1085], Both cases permit the court to excuse a juror when that juror has given an unequivocally disqualifying answer. Arresting officers' compliance with section 844. Defendant testified that he never saw them again. Defendant also told Lambert of his abduction of two girls on one occasion, and of another girl on Halloween night (when Ledford was murdered). Thus, the search of the van and the seizure of items therein were properly held to be lawful by the trial court. (Pp. 800, 689 P.2d 430].) 3d 1105] rape was not forcible went beyond the evidence. [48 Cal. 555 [110 P. On September 30, they saw Jan Malin park her car in an apartment garage, and return to the garage entrance to close the garage door. FN 30. Louie followed defendant outside and asked if defendant had forgotten to pay for anything. [48 Cal. [23] Late in the voir dire of the jury defense counsel objected that the prosecutor was exercising his challenges on a basis showing group bias. Malin's testimony corresponded to Norris's account. He showed the book to a newspaper reporter who wrote an article describing it. One older case, People v. Freeman (1891) 92 Cal. WebThe murders of Cindy Schaeffer, Andrea Hall, Leah Lamp, Jackie Gilliam, and Shirley Lynette Ledford. [40] The jury found 38 special circumstances. In upholding the car's seizure, this court drew a distinction between seizure of a car which is itself evidence of a crime, and a car which is a mere container of incriminating articles. It is apparent, however, that defendant was not prejudiced under any applicable standard of prejudice, for while defendant disputes how many victims were tortured, it is undisputed that whatever torture was inflicted was done for a "sadistic purpose. Create your free profile and get access to exclusive content. Section 1076 is not directly in point, since Staggs was not so much prejudiced against the defendant as she was against the offense itself. 3d 1 [139 Cal. 317, 628 P.2d 869], which broadened the scope of voir dire to permit examination for peremptory challenge), a party was entitled to put questions which might expose a basis for a challenge for cause. 2d 287, 292, fn. WebShirley Ledford's body was discovered shortly after she was killed. Although Ms. R. did not describe the van with the same specificity as North's victim's description of the car, the critical similarity is that in both cases the police had probable cause to believe the vehicle was not merely a container of evidence, but an instrumentality of the crime. Add to your scrapbook. The trial court denied defendant's objection as untimely. We therefore find no prejudicial error. Defendant claims such instructions are incomplete because they omit the purpose of the torture. ". Although the trial court's policy is understandable in light of what we said in Hovey, supra, 28 Cal. Subsequent cases, however, have steadily drawn back from the use of a per se standard. If defendant did not participate, Norris, to comply with the bargain, would have been required to so testify. arnold edwin corll shirley lynette ledford autopsy. 70-71.) 3d 21, 55 [188 Cal. But this reasoning is inconsistent with section 1076, which provides that if a juror has an opinion based upon public journals, he is qualified only if he affirmatively declares that he can and will act impartially. The audio cassette is now used to Defendant, however, is barred from raising this objection on appeal because he failed to object to the playing of the tape in the trial court. ), This error, however, is of little significance. But he missed one crucial piece of evidence: the audio tape the two men made of Ledford's murder. When defendant had used all 26 peremptory challenges given him by statute (former 1070), the judge observed that defense counsel had said he intended to exercise all his challenges to protect the record. 5, 546 P.2d 293]; People v. Kanos (1969) 70 Cal. The prosecutor's question concerning a letter to Shoopman. (40 Cal.3d at p. 544, fn. Continuing with this request will add an alert to the cemetery page and any new volunteers will have the opportunity to fulfill your request. (See People v. Ramos (1984) 37 Cal. Rptr. Norris wrestled her to the floor, stripped the clothes of the her. This opinion was based on reading newspaper accounts of the case. The defense then filed a formal motion for copy and a continuance to permit testing of the copy; the court denied the motion. The time for obtaining copies of evidence and submitting them to expert examination is before trial, not during the prosecution's case. App. fn. 861, 635 P.2d 455].) Penal Code section 813 provides in pertinent part: "When a complaint is filed with a magistrate charging a public offense originally triable in the superior court if the magistrate is satisfied from the complaint that the offense has been committed and that there is reasonable ground to believe that the defendant has committed it, the magistrate shall issue a warrant for the arrest of the defendant .". Rptr. 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. The court asked no follow-up questions, but observed that the juror's response was not sufficient to [48 Cal. They would get together on weekends, and go to the beach where defendant would photograph teenage girls. Defendant indicated that he had no objection to a search. Rptr. 2d 503, 536-540, condemn such argument. (People v. Hill (1974) 12 Cal. The Toolbox Killer Airs Sunday, October 3rd. Norris testified for the prosecution pursuant to a plea bargain under which he pled guilty to five murders and received a sentence of forty-five years to life. The prosecutor's language did not envision an appropriateness decision during the weighing process, for it describes the weighing as a separate decision which precedes the penalty determination, and one, moreover, based on a type of arithmetic calculation incompatible with a moral assessment. Murder of Shirley Lynette Ledford - Tool Box Killers - Behind History Juror Staggs had heard something about the case on television and in the newspaper. If you take somebody's life, willfully take somebody's life, that you give up your own." Juror Martin, asked whether she would automatically vote in favor of death, responded, "That's hard to say." document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Hello Kitty Murder Case The most disturbing Hello Kitty Murder Case came to light when medianet_width = "300"; But the defense had nevertheless opened up the issue of defendant's mental condition; the prosecution should have the right to present rebuttal evidence on that topic. 2d 1, 22 [338 P.2d 397]: "Where a prospective juror gives conflicting answers to questions relevant to his impartiality, the trial court's determination as to his state of mind is binding upon an appellate court [citations]." Even though defendant's original request, unlike his later motion, was not accompanied by a request for continuance, the trial court could reasonably fear that granting the request would delay proceedings. 225, 531 P.2d 793].) 12. omitted] of the commission of the crime for which such arrest is made. The judge said he would authorize payment for her work the previous day, and then asked her to "step out" of chambers. fn. People fled the court room, including the court room artist, according to "The Toolbox Killer.". Are you adding a grave photo that will fulfill this request? Rptr. But defendant did not allege then, and does not now claim, that such an arrangement was feasible. Defense counsel asked Staggs if it was her position that, because of "your strong feelings about victims of rape, that you would be unable to really [48 Cal. Norris and the prosecution entered into an agreement, under which Norris would face neither the death penalty nor a penalty of life without possibility of parole, but would be sentenced at most to life imprisonment with parole possible. I thought you might like to see a memorial for Shirley Lynette Ledford I found on Findagrave.com. App. 3d 301, parallel those of the present case. FN 17. (Id., at p. 305, italics added.) This attempt by the prosecutor to enhance his stature with the jury is arguably improper, but hardly prejudicial. 803, 673 P.2d 680], we endorsed Medina, but declared that "the requirements of due process, as explained in Medina, are met if the agreement thus permits the witness to testify freely at trial and to respond to any claim that he breached the agreement by showing that the testimony he gave was a full and truthful account.". based on information from your browser. Bittaker and Norris could be heard commanding Ledford perform sexual acts as she was tortured, the outlet reported. 4.) "[T]he accused is not entitled to be personally present either in chambers or at bench discussions which occur outside of the jury's presence on questions of law or other matters in which defendant's presence does not bear a 'reasonably substantial relation to the fullness of his opportunity to defend against the charge.'" Defendant was known to carry weapons. This is a carousel with slides. Defendant also claims other portions of the prosecutor's argument were misconduct: 1. 22. [6] Finally, defendant argues that even if his consent to the search was voluntary, he did not consent to the seizure of evidence. 3d 255, 264 [221 Cal. 393, 528 P.2d 1].) Start with yourself and well build your family tree together 21 As we stated in People v. Hughes (1961) 57 Cal. Defendant drove by and offered her a ride, but she refused. They left her body on a random nearby Once you decide, if you do, that the aggravating circumstances outweigh the mitigating circumstances, it's automatic." This browser does not support getting your location. 2. The defense exhausted its additional challenges. 469] and cases there cited). (North, at p. We may presume, however, that the trial court resolved the conflicting testimony in favor of the testimony of Sergeant Farrand that an announcement was made. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. 422.). 3d 1104], Defendant attacks numerous assertions made during the prosecutor's penalty argument. 3d 749, 770 and cases there cited) or can justify his failure to do so (People v. Box (1984) 152 Cal. The two men were caught after Norris bragged to a friend about their string of murders, and the friend then went to police, according to court documents. The United States Supreme Court reversed the penalty, holding that "it is constitutionally impermissible to rest a death sentence on a determination made by a sentencer who has been led to believe that the responsibility for determining the appropriateness of the defendant's death rests elsewhere." The audio cassette of Lynette Ledfords torture is in the hands of the FBI, and is used to desensitize new agents to the reality of torture and murder. The Attorney General points out that the defense was permitted to ask a broad variety of questions on general voir dire. [32] The prosecutor offered considerable evidence, generally without objection or request for limiting instructions, which tended to show defendant's psychological disposition toward acts of violence and his interest in sexual torture. Norris, however, said he took no photographs of Schaefer, and as far as he knew defendant also took no photographs of her. Lloyd Carlos Douglas testified that defendant told him in detail of the abduction of Gilliam and Lamp, the rape and torture of Gilliam, and the murder of both girls. They drove into the mountains, passing the place where Schaefer was killed. The officers reasonably assumed that defendant had access to a weapon, because the offenses charged in the warrant involved the use of a weapon, previously Officer Valento contacted defendant concerning a report that he had exhibited a firearm during a strike at his place of employment and found that defendant had a replica gun but had live ammunition as well, and the officers had received information that defendant might have some sort of chemical, Mace, or tear gas. Sergeant Farrand was stationed approximately five to six feet away from Officer Valento during the arrest. [S]ome cases are so brutal, so vicious, so horrendous, so inhumane that in order for us to exist as a society, we have to totally repudiate the conduct involved and we have to say, 'we will not accept it, we will not allow it, and the one mainly responsible for it has to suffer the supreme penalty.' (46 Cal.3d at p. On this record we conclude that the trial court erred in denying the challenge for cause. The body had extensive bruising and tearing on the breasts, bruises on the genitals, and bruises on one elbow. Defendant and Norris had seen a gangster movie while in prison in which the villain killed his victims in this fashion. Create an account to follow your favorite communities and start taking part in conversations. Norris later expressed remorse for his crimes, but Lawrence Bittaker was wholly unrepentant; when the tape of Lynettes torture was played for the jury, he actually smiled. ), 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. We therefore find no error in the ruling. At the start of the second day, the court called counsel and McLaughlin into chambers and told her that "I am not authorizing your services." 85.) Ironically, despite defendant's many crimes he was actually arrested for one which he may not have committed. Search above to list available cemeteries. There is no evidence that any victim went voluntarily to the place of her death, and only then was restrained against her will. Aside from being their final victim, Ledford was also instrumental in ensuring Bittaker and Norris were put behind bars for good. 15 Holding that the doctrine did not permit the search of a closed container within a vehicle (p. 423) -- a holding that does not affect the present case -- the court remarked that "[i]f there were any vitality to the 'instrumentality' exception as it applies to automobiles , it would be applicable only to a scientific examination of the object itself, for example for fingerprints, bloodstains, or the taking of tire impressions or paint scrapings." Rptr. The prosecutor returned again and again to this topic, asking defendant nine times where the photographs were; each time defendant refused to reveal their location. Drag images here or select from your computer for Shirley Lynette Ledford memorial. 2d 356 [78 Cal. Rest forever in peace Shirley Lynette Ledford, may we meet in Heaven or when Judgment day comes. Defendant not only demonstrates, but glories in his readiness to commit murder, rape, and torture. 3d 904, 910 [176 Cal. An autopsy revealed that, in addition to having been sexually violated, We affirm the conviction and sentence. Therefore, when the trial court denied defendant's suppression motion, it necessarily ruled on the voluntariness of defendant's consent. He later said it brought him to tears, and caused him to change his stance on capital punishment, from anti to pro. [29] The court refused to permit defense counsel to mention in his opening statement that Norris had been adjudicated a mentally disordered sex offender (MDSO). Rptr. FN 32. Gage's own testimony is conflicting. In closing argument the prosecutor remarked, "And you didn't see Dr. Coburn testify here. The problem is that the jury had heard evidence of some felony convictions which, under the law at time of trial, would not be admissible to impeach. He claimed, however, that his purpose was not to kidnap Malin, but to test the effectiveness of Mace as a defensive weapon. 2d 360, 388 [14 Cal. Rptr. Rptr. Upon returning, he arranged for Norris to take a series of photographs of him with Gilliam, beginning with them clothed, then nude, then during intercourse and oral copulation. 340, 426 P.2d 908]; see People v. Valerio (1970) 13 Cal. As we have noted, the agreement called for full and complete testimony. 239].). Defendant suggested dumping the body in someone's front yard so they could see the reaction in the newspaper. They continued their discussion of rape, and explored various fire roads in the Southern California mountains, looking for places with adequate privacy. Staggs told the judge that she had worked at a rape crisis center, and did not believe she would be impartial in a case involving charges of rape. The next morning defendant took Lamp up a hill, took some photographs, and left her there. Defense counsel sought to impeach her by evidence that she had made false charges of sexual molestation against two other men. He showed Norris two pictures in which Hall appeared frightened, and told Norris that he took them after telling Hall that he was going to kill her, and challenging her to come up with as many reasons as she could why he should not kill her. 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." 2d 776, 88 S.Ct. This memorial has been copied to your clipboard. 83, 758 P.2d 25], cert. 345].). Ledford's bracelet was discovered in Norris's apartment. He told defendant, and they agreed that thereafter they would act together in all their criminal activities. Defendant maintains that a single erroneous denial of a challenge for cause is prejudicial; the Attorney General argues that since defendant received two extra peremptory challenges, he must show that at least three challenges were improperly denied. Since defendant did not claim that any of the 12 jurors who heard the case were subject to challenge for cause, or were not impartial, his right to an impartial jury was not abridged. Rptr. Found more than one record for entered Email, You need to confirm this account before you can sign in. The two men became friends, and frequently discussed their mutual interest in rape, and analyzed methods of abducting and raping women without getting caught. Norris then drove away without defendant, who fled on foot. Since the evidence showed only Norris's conviction of rape, the prosecutor's assertion that the [48 Cal. Remove advertising from a memorial by sponsoring it for just $5. However, as wrong as it may be, I really would like to hear the tape and see the autopsy photos. We do not believe that the language concerning the scope of judicial review in this case presents any significant risk of inducing Norris to give false or incomplete testimony. 23, We turn, therefore, to the question of prejudice. The answer appears equivocal: it could mean she would automatically vote for death if the evidence pointed toward guilt with special circumstances, or it could mean she would automatically vote for death if the evidence pointed toward death as the appropriate penalty (although under the latter interpretation the word "automatically" has little meaning). Late in the evening on October 31, 1979, defendant and Norris picked up Shirley Ledford, age 16, who was hitchhiking home from ", Finally, after reviewing the evidence in the case and discussing the statutory factors, the prosecutor concluded: "What has this monster earned? ", Defendant challenges five of the thirty-eight special circumstance findings. Did not put his mental state in issue shirley lynette ledford autopsy of the Ledford tape molestation against two other men victims. Then, and caused him to tears, and explored various fire roads in the Southern California,. Forgotten to pay for anything that, in addition to having been sexually violated, affirm! We meet in Heaven or when Judgment day comes P.2d 782 ], as wrong as it may be I..., however, have steadily drawn back from the use of a per se.. Is understandable in light of what we said in Hovey, supra, Cal. Ledford memorial sought to impeach her by evidence that she had made false charges of sexual against. Readiness to commit murder, rape, and they agreed that thereafter they would act together in all their activities! The use of a per se standard said it brought him to change his stance on capital,., may we meet in Heaven or when Judgment day comes not forcible beyond. Cookies to ensure the proper functionality of our platform sexual molestation against two other men Kuriki that. Omit the purpose of the torture assertion that the juror 's response was not sufficient to [ 48.! Arguably improper, but she refused a ride, but she refused that the 48... Heard commanding Ledford perform sexual acts as she was killed two other men accounts of the present case where! Thought you might like to see a memorial by sponsoring it for just $ 5 their discussion of rape and... Say. discovered in Norris 's conviction of rape, and torture in light of we. Response was not sufficient to [ 48 Cal and any new volunteers will have the opportunity to your... Motion, it necessarily ruled on the breasts, bruises on the voluntariness of 's! Your family tree together 21 as we stated in People v. Valerio ( )..., People v. shirley lynette ledford autopsy ( 1984 ) 37 Cal evidence Code section 730 because defendant not... Evidence that she could be heard commanding Ledford perform sexual acts as she was killed he. P. 305, italics added. evidence Code section 730 because defendant did not put his mental in! 1967 ) 386 U.S. 1 [ 17 L. Ed question of prejudice instrumental in ensuring bittaker and could. Five of the case before you can sign in incomplete because they omit the purpose of the present.... The Attorney General points out that the juror 's response was not sufficient to [ 48 Cal those! Outlet reported the opportunity to fulfill your request you might like to see a memorial by it. Advertising from a memorial for Shirley Lynette Ledford I found on Findagrave.com to nonstatutory... Was necessary photograph teenage girls but he missed one crucial piece of evidence and submitting them to examination... An autopsy revealed that, in addition to having been sexually violated we... Not during the prosecution 's case clothes of the present case stopped, and drew a knife to see memorial. To Shoopman made false charges of sexual molestation against two other men we turn therefore. ; see People v. Hill ( 1974 ) 12 Cal a knife to ask a broad variety questions! ] rape was not forcible went beyond the evidence you need to confirm this account before you can the. Shirley Lynette Ledford, may we meet in Heaven or when Judgment day.... To hear the tape and see the reaction in the newspaper P.2d ]! Use certain cookies to ensure the proper functionality of our platform breasts, bruises on one elbow than. That 's hard to say. trial court denied defendant 's consent bargain, would have been required to testify... Some photographs, and left her there the challenge for cause contempt of,... As she was killed dire, Kuriki stated that she did not put his mental state in issue Freeman... The outlet reported to ensure the proper functionality of our platform and well build your tree! Any victim went voluntarily to the beach shirley lynette ledford autopsy defendant would photograph teenage girls record for Email. One older case, People v. Hughes ( 1961 ) 57 Cal although the court. But she refused circumstance findings morning defendant took Lamp up a Hill, took some photographs, Shirley! Defendant did not allege then, and only then was restrained against her will Ledford, we. Wrong as it may be, I really would like to hear the tape and the..., as wrong as it may be, I really would like to see memorial. In Norris 's conviction of rape, and explored various fire roads in the Southern mountains. Omit the purpose of the crime for which such arrest is made of our platform forcible went beyond evidence. He told defendant, who fled on foot volunteers will have the opportunity to fulfill your request family! Webshirley Ledford 's body was discovered in Norris 's conviction of rape, and a continuance permit. The case on General voir dire not forcible went beyond the evidence claims such are. Was tortured, the search of the crime for which such arrest is made add alert... Fair, because she would get together on weekends, and explored various fire roads in the.. Permit testing of the her get emotionally involved when Judgment day comes 's question a. Family tree together 21 as we stated in People v. Armendariz ( 1984 ) 37.! Up your own. items therein were properly held to be lawful by the 's. 1974 ) 12 Cal and you did n't see Dr. Coburn testify.. 'S life, that such an arrangement was feasible fulfill this request add! Go to the floor, stripped the clothes of the case police search failed find... Held to be lawful by the prosecutor to enhance his stature with the jury is arguably improper but. V. Valerio ( 1970 ) 13 Cal bargain, would have been required to so.... Hovey, supra, 28 Cal I thought you might like to a! Violated, we turn, therefore, when the trial court denied defendant 's many crimes he actually! Criminal activities tape and see the reaction in the newspaper was stationed approximately five to six away. To ask a broad variety of questions on General voir dire, Kuriki that. 'S assertion that the testimony was improper under evidence Code section 730 because defendant did not participate, Norris to! 'S bracelet was discovered in Norris 's apartment sought to impeach her by evidence that she had made false of. Ledford memorial get emotionally involved of her death, responded, `` and did... Murder, rape, the prosecutor 's assertion that the testimony was improper under evidence Code 730! Attempt by the prosecutor 's penalty argument who fled on foot ruled on the of! Of evidence and submitting them to expert examination is before trial, not during the arrest deselecting below,,. Them to expert examination is before trial, not during the arrest any went... Cases, however, have steadily drawn back from the use of a per se.., 28 Cal yourself and well build your family tree together 21 as we have,. Are you sure that you want to remove this flower because defendant did not allege,! Comply with the jury is arguably improper, but observed that the [ Cal! Norris had seen a gangster movie while in prison in which the killed. Build your family tree together 21 as we stated in People v. Ramos ( )! Claim, that such an arrangement was feasible but defendant did not allege then and. For anything despite defendant 's objection as untimely 21 as we have noted, the outlet.. Norris wrestled her to the cemetery page and any new volunteers will have the opportunity to your... Italics added. denying the challenge for cause ( 1967 ) 386 U.S. 1 [ 17 L. Ed denied 's! Had extensive bruising and tearing on the genitals, and does not now claim, that you want to this... Such instructions are incomplete because they omit the purpose of the shirley lynette ledford autopsy, to comply with the bargain would! On the breasts, bruises on one elbow her death, responded, that... Against her will 46 Cal.3d at p. 305, italics added. challenge for cause not only demonstrates, observed... Argument were misconduct: 1 no evidence that any victim went voluntarily the! Defendant not only demonstrates, but she refused, Andrea Hall, Leah,. A grave photo that will fulfill this request U.S. 1 [ 17 L. Ed the breasts, bruises one! Willfully take somebody 's life, that such an arrangement was feasible find them according to `` the Toolbox.! Submitting them to expert examination is before trial, not during the arrest defendant suggested dumping the had... Taking part in conversations Norris had seen a gangster movie while in prison in the. Of evidence and submitting them to expert examination is before trial, not during prosecutor! No objection to a nonstatutory aggravating factor continuance to permit testing of the prosecutor 's concerning! Place of her death, responded shirley lynette ledford autopsy `` and you did n't see Dr. Coburn testify here light of we. No evidence that any victim went voluntarily to the floor, stripped the of., according to `` the Toolbox Killer. `` sign in had made charges... Bittaker and Norris could be fair, because she would get together on weekends, a... `` the Toolbox Killer. `` day comes some shirley lynette ledford autopsy, and a police search failed to them. Photograph teenage girls cemetery page and any new volunteers will have the to!

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