maxine zazzara house One woman had her eyes gouged out, she added, referring to the March 27, 1985, slaying of Maxine Zazzara, 44, who was found stabbed to death along with her Polo rang the doorbell and called out Vincent's name, but received no response. At trial, defendant objected to three photographs of murder victim Jennie Vincow lying on her bed as very inflammatory and gruesome. When he and Daniel Hernandez were seeking to be substituted as counsel for defendant, Arturo Hernandez stated they had entered into a written contract with defendant, adding: Also, the other parties that have retained us, his family, who are also liable, have acquired some financial responsibility to us due to that contract. The court had the exchange with defendant, which is quoted above, in which defendant stated he had read and understood the contract. Mr. Doi, who was 65 years old, had been shot in the head with a .22-caliber bullet fired from a Jennings semiautomatic pistol that later was recovered from Jose Perez, a convicted felon who had obtained the gun from defendant. at p. 726, 83 S.Ct. Only one person (0.3 percent) believed defendant was not responsible for the murders. ] (People v. Ewoldt, supra, 7 Cal.4th 380, 402, 27 Cal.Rptr.2d 646, 867 P.2d 757.). 204.) Police found shoe prints from an Avia athletic shoe on the front porch, the rear porch, and inside the house. And we declined to hold in Beeler that even the death of a juror's parent is so debilitating that the juror is presumptively unable to deliberate. (People v. Beeler, supra, 9 Cal.4th at p. 990, 39 Cal.Rptr.2d 607, 891 P.2d 153.). Between 3:00 and 4:30 a.m. that morning, Launie Dempster, the newspaper deliverer, had seen defendant walking to his car, which was parked next door to Nelson's house in Monterey Park. March 25, 2023 the vscode server failed to start the vscode server failed to start 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. Garden of Our decision in Hannon does not assist defendant. A window in the bedroom was open and the bedroom had been ransacked. The court denied the motion, remarking: I have been observing the jury, and I did note on the day that I excused them, that they were visibly upset, quite frankly. United States Court of Appeals, Ninth Circuit. Defendant was an amateur burglar. Arthur Davidson, Asst. Maxine Zazzara The 44-year-old was killed as part of the same attack as her husband Vincent Zazzara on 27 March, 1985. The court refused to give this instruction because it is argumentative. [Defense Counsel]: You know that Mr. Hernandez [codefense counsel] has been in El Paso talking to friends and relatives about testifying on your behalf? Defendant, at one point in his opening brief, contends that his counsel's conflicts of interest with his family were the likely cause of his counsel's tactical decision not to present any mitigating evidence. We are all expendable for a cause, and no one knows that better than those who kill for policy, clandestinely or openly, as do the governments of the world which kill in the name of God and country and for whatever else they deem appropriate. The Court: All right. Arturo Hernandez: It covers through the trial, your Honor, and any post-trial remedies that my client may have. The high court observed that the trial court was not obligated to investigate whether counsel's representation of multiple defendants created a conflict of interest, in the absence of an objection by the defendant, stating that nothing in our precedents suggests that the Sixth Amendment requires state courts themselves to initiate inquiries into the propriety of multiple representation in every case Unless the trial court knows or reasonably should know that a particular conflict exists, the court need not initiate an inquiry. (Id. omitted.). Her dress was partially lifted and her girdle had been pulled down and torn. [Citations. 1, 753 P.2d 1052, in which we held that age cannot be solely a mitigating factor and observed that the word age in statutory sentencing factor (i) is used as a metonym for any age-related matter suggested by the evidence or by common experience or morality that might reasonably inform the choice of penalty. As she got up, she heard a muffled loud sound. She ran around to the front of the condominium complex and saw defendant leaving the complex. 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. 692, 809 P.2d 351. (People v. Ochoa, supra, 26 Cal.4th 398, 426, 110 Cal.Rptr.2d 324, 28 P.3d 78.). Rather than explain why the proposed instruction was proper and request a ruling, trial counsel simply withdrew the proposed instruction. A woman parking her car in her apartment house's garage was shot, but not killed. A criminal defendant has a qualified right to retain counsel of his choice, and the trial court can deny a defendant's timely request to substitute counsel only if it will result in significant prejudice to the defendant. (People v. Gzikowski (1982) 32 Cal.3d 580, 587, 186 Cal.Rptr. Defendant returned to the living room and brought Somkid K. into the bedroom, threatening to kill her children if she resisted. ), As also noted above (ante, 46 Cal.Rptr.3d at p. 704, 139 P.3d at p. 87), defendant's behavior did not raise a question as to his ability to understand the nature of the proceedings or assist counsel in his defense. Arturo Hernandez represented that defendant had entered into a written contract retaining him and Daniel Hernandez as his attorneys. 10. Defendant continued: Of course I did it, you know that I'm a killer. On March 28, 1985, about 8:30 p.m., Polo went to the home that Vincent Zazzara shared with his wife Maxine to deliver the day's receipts from the restaurant and Weeks also pointed out that the process of eliminating duplicate names from the two lists was inaccurate, because only the exact last name and the first four letters of the first name were compared. He then removed the handcuffs from Carol K., handcuffed her son behind his back, and put him in a closet. She had committed numerous burglaries with defendant and had seen him sell jewelry to Felipe Solano. His claim regarding the existence or nonexistence of regulations that may or may not be in effect when the judgment is to be carried out does not affect the validity of the death sentence. On September 3, 1985, a felony complaint was filed against defendant and the public defender was appointed as counsel. Police found on the ground outside the garage a blue baseball-type cap bearing the name of the rock group AC/DC. She is professional, personable, responsive, scrappy, 177, 639 P.2d 248: [C]hosen representation is the preferred representation. 6. ] (People v. Bradford, supra, 15 Cal.4th 1229, 1315, 65 Cal.Rptr.2d 145, 939 P.2d 259. [Citation. Defendant introduced evidence that participation in Neighborhood Watch programs probably doubled while the murders were occurring. The Court: Mr. Ramirez, are you satisfied with the disclosures that have been made to you? L[.] 81, 7, p. In their ransacked home, Vincent Zazzara, 64, was found with a bullet hole in the head. Defendant argues that these instructions, coupled with the prosecutor's argument that the jury should consider each of these murders in turn, the first degree murders, and each of the special circumstances in turn, and make a decision on each one, impermissibly invited the jury to double-count the special circumstances, in violation of our decision in People v. Melton (1988) 44 Cal.3d 713, 768-769, 244 Cal.Rptr. 644, 431 P.2d 228. He further contends that these instructions and argument rendered the penalty determination unreliable, in violation of the Eighth and Fourteenth Amendments to the federal Constitution. To the contrary, defendant presented testimony from a convicted burglar that she had committed burglaries with defendant. 8.84.1 that it must determine what the facts are from the evidence received during the entire trial unless you are instructed otherwise. Defendant argues that this instruction erroneously permitted the jury to consider aggravating factors not listed in section 190.3. The very act of questioning deliberating jurors about the content of their deliberations could affect those deliberations. (Id. 2978, 49 L.Ed.2d 944, which invalidated a law that provided a mandatory penalty of death for all first degree murders. Defendant expressly does not raise an assignment of error as to counsel's conflicts of interest with respect to the retainer agreements, preferring to raise this issue in a subsequent petition for writ of habeas corpus. The victim repeated her identification of defendant at trial. 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. With few exceptions, the media reports were accurate. maxine zazzara house More than three years later, on March 6, 1989, during the presentation of the prosecution's case-in-chief, the trial court appointed Attorney Roy Clark as an additional cocounsel for defendant. Arturo Hernandez: Yes, we have. ]: I don't think I could say in every case. [Citations. 81, 9, p. Defense counsel's request for a psychiatric evaluation of defendant, standing alone, does not require the court to appoint such an expert or conduct a competency hearing. WebPeter Zazzara's father Vincent and step-mom Maxine were brutally murdered by Richard Ramirez in their ranch-style home in Whittier, Los Angeles, on March 27, 1985. That guarantee mandates that the pools from which juries are drawn must not systematically exclude distinctive groups in the community. For this reason, one mitigating factor can sometimes outweigh a number of aggravating factors in a particular case. Defendant argues that the photographs had little, if any, relevance to the determination of guilt. To the contrary, the photographs were highly relevant to show the manner in which the victims were killed and the severity of their injuries. Defendant relies upon the bizarre nature of the criminal acts charged, [defendant]'s bizarre and abnormal behavior following his arrest, and the court's own questions at various court hearings regarding [defendant]'s competence. But none of these circumstances raised a question as to defendant's ability to understand the nature of the proceedings or assist counsel in his defense. Nothing in the record before us supports the conclusion that defendant's chances of receiving a fair trial were irreparably damaged. the benefit of a reasonable doubt prior to today with regard to his attentiveness it now is quite clear that good cause exists to excuse him because of his sleeping.. About an hour after Dale Okazaki was murdered and Maria Hernandez was shot, shortly before midnight on March 17, 1985, Jorge Gallegos was sitting in his parked car with his girlfriend in front of her residence in Monterey Park when his attention was drawn by the sound of two cars applying their brakes. Hernandez later identified defendant as her assailant at a police lineup and identified defendant at trial. Web29 Mar 1985 (aged 44) Whittier, Los Angeles County, California, USA. We affirmed the resulting judgment, ruling that a trial court is required to conduct a competency hearing under section 1368 only if substantial evidence of incompetence is introduced, and adding that evidence that does no more than form the basis for speculation regarding possible current incompetence is not sufficient. Defendant also contends the trial court erred in denying his motion for mistrial. 1708, 64 L.Ed.2d 333 (Sullivan), in which three codefendants were represented jointly by retained counsel in separate trials. We ruled that the judicial district, rather than the entire county was the relevant community, but we expressly declined to consider the Court of Appeal's alternate position, because the requirement that no juror in Los Angeles County be required to serve at a courthouse more than 20 miles from his or her residence had since been repealed (id. Ramirez, first known as the walk-in killer, invaded homes, murdering and sexually assaulting the residents, from June 1984 to August 1985. (People v. Saunders, supra, 5 Cal.4th 580, 589, 590, 20 Cal.Rptr.2d 638, 853 P.2d 1093.) Under the circumstances of the present case, the trial court did not abuse its discretion in ordering defendant to be physically restrained during trial. Accordingly, defendant is limited on appeal to arguing that the trial court erred in failing to sever the charges into the groups he requested at trial. L[. Although the trial court overruled defendant's objection and ruled there was no significant disparity in the percentage of Hispanics, the office of the jury commissioner adopted defendant's request to improve the method by which duplicate names were eliminated, which resulted in a significant increase in the percentage of Hispanics on the new master jury list that was used to select defendant's jury. Maxine Zazzara was born on 15 May 1940 in Arkansas, USA. About 3:30 a.m. that same morning, July 7, 1985, Sophie D. awoke in her home in Monterey Park before dawn when the bedroom light went on. All the channels had the same kind of mixture of hard news and fluff, and I don't see any point in sitting here watching, you know, all of the channels.
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