maxine zazzara house address

She fell to the ground and lay still while defendant entered the condominium. 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 (People v. Turner [(2004)] 34 Cal.4th [406] at pp. Can he stand? [] This is also a concern of several of the other jurors and we were wondering if anything could be done to correct this situation., In response, the court admonished the jury that it was important to be attentive, adding: But if any of you feel that you have missed any of the evidence in a significant way it is incumbent upon you, under the oath that you took as a juror, to bring that to the court's attention. The court gave the standard sentencing instruction (see CALJIC No. Similarly, the band Testament released in 1987 a song entitled Alone in the Dark that says that Faustus prepares the legions of the night. (< http://www.darklyrics. ), Defendant argues the death penalty statute in effect at the time of defendant's trial permitted capricious infliction of punishment under the Fifth, Sixth, Eighth, and Fourteenth Amendments to the federal Constitution because it permitted the jury to consider the same facts in determining defendant's guilt of the charged offenses, the truth of the special circumstance allegations, and the proper penalty. There is no requirement that all jurors unanimously agree on any matter offered in mitigation. He stayed with defendant until the police arrived, as a crowd formed. ), The court sustained the People's objection to numerous exhibits on grounds of lack of foundation and unintelligibility and lack of authentication, adding: But again, Gentlemen, I do have knowledge and I will accept the principle that all of the-virtually all of the local news media, including the small outlet media, local newspapers, ethnic-oriented publications, various language publications, have covered this case, if that is the point you are trying to make. The Defendant: I understand. It is something that you simply must not allow to interfere with your deliberations. The court added: And again, please do not expose yourself to any news media representation about this case., Shortly before 10:00 a.m. the following day, the court informed the jury that Juror Singletary had been shot to death for reasons unrelated to the present case. The Court: You may be waiving any conflict. at p. 987, 275 Cal.Rptr. Police increased their patrols, gave advice on how to avoid being victimized, and gave free deadbolt locks to the elderly. [] [], 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 claims that the trial court violated his rights under the Fifth, Sixth, Eighth, and Fourteenth Amendments to the federal Constitution because it abused its discretion under section 1368 in denying Defense Counsel Gallegos's motion for a psychiatric evaluation of defendant. Defendant relies upon section 669, which states, in pertinent part: Whenever a person is committed to prison on a life sentence which is ordered to run consecutive to any determinate term of imprisonment, the determinate term of imprisonment shall be served first Although recognizing that the death sentence imposed here was not a life term, defendant argues that it was the functional equivalent of a life sentence in that appellant was sentenced to spend the rest of his life in prison.. The Night Stalker The jury reasonably could have concluded that defendant acted with malice because he intentionally shot Yu twice at close range without provocation and acted with an abandoned and malignant heart. Defendant asserts that the trial court erred in instructing the jury that it could consider whether defendant's refusal to remove his sunglasses as ordered by the court so that a witness could identify him showed a consciousness of guilt. 8.85 that the jury should consider in determining the penalty, the court instructed the jury that [a]n aggravating factor is any fact, condition or event attending the commission of a crime which increases its guilt or enormity, or adds to its injurious consequences which is above and beyond the elements of the crime itself., We previously have rejected the argument that the court must instruct the jury that it cannot consider nonstatutory aggravating evidence. Mr. Again I'm not trying to jump in and tell you guys how to run your ship. We disagree. [] [A] hearing is required only where the court possesses information which, if proven to be true, would constitute good cause to doubt a juror's ability to perform his duties (People v. Ray (1996) 13 Cal.4th 313, 343, 52 Cal.Rptr.2d 296, 914 P.2d 846. Defendant acknowledges that this court repeatedly has rejected the contention that a defendant's decision not to present mitigating evidence at the penalty phase, in itself, renders the determination of penalty unreliable under the federal and California Constitutions. Christopher Petersen drove his wife to the hospital. [Citation. 6, 20 Cal.Rptr.2d 638, 853 P.2d 1093. Their throats had been slashed and they had been shot in the neck and head. (2d ed.1989) p. The evidence is sufficient to support defendant's convictions for burglary of the Hernandez/Okazaki residence, felony-murder of Okazaki based upon the commission of the burglary, and the special circumstance that the murder of Okazaki was committed during the commission of a burglary. 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. The den and bedroom had been ransacked. At the conclusion of the guilt phase of the trial, the court instructed the jury, without objection by defendant, as follows: You may have observed that the defendant has worn restraints while in the courtroom. Strand testified that the levels of recognition and predisposition were the highest he had ever seen. For the reasons that follow, the judgment is affirmed. Lucifer dwells within us all., As noted above (ante, 46 Cal.Rptr.3d at p. 703, 139 P.3d at p. 86), section 1368 provides: (a) If, during the pendency of an action and prior to judgment, a doubt arises in the mind of the judge as to the mental competence of the defendant, he or she shall state that doubt in the record and inquire of the attorney for the defendant whether, in the opinion of the attorney, the defendant is mentally competent [] (b) If counsel informs the court that he or she believes the defendant is or may be mentally incompetent, the court shall order that the question of the defendant's mental competence is to be determined in a hearing which is held pursuant to Sections 1368.1 and 1369. A trial court is required to conduct a competency hearing under section 1368 only if substantial evidence of incompetence is introduced. (People v. Hayes, supra, 21 Cal.4th 1211, 1281, 91 Cal.Rptr.2d 211, 989 P.2d 645.) Defendant contends he was denied his right to due process and to a reliable determination of penalty under the Eighth and Fourteenth Amendments to the federal Constitution because the court instructed the jury in accordance with CALJIC No. Somehow, reporters heard about the shoe print lead and threatened to print it. Based upon the 1980 census as well as data compiled by California State University, Dr. Deputy Public Defender Hall stated that the psychiatrist had met with defendant for approximately 10 or 15 minutes, at which point Mr. Ramirez refused to speak with him anymore. Based upon this short interview, and his observations of defendant before and after the interview, the psychiatrist concluded, according to Hall, that defendant was borderline in terms of his competence, but he couldn't say for sure. Hall added that the psychiatrist stated that, if forced to reach a conclusion, he would have to say [defendant] was competent but borderline so., Following a recess, the in camera hearing resumed, as noted above, with the prosecutor, defendant, Gallegos, Arturo Hernandez, and Daniel Hernandez present. at p. 742, fn. [Citation. He couldve left us a signed signature, Salerno says. She WebCurrent address for Maxine is 10234 Strong Av, Whittier, CA 90601-2035. Defendant argues that the cumulative effect of errors in the guilt and penalty phases of the trial requires reversal of the judgment. (People v. Saunders, supra, 5 Cal.4th 580, 589, 590, 20 Cal.Rptr.2d 638, 853 P.2d 1093.) 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. The Court: Did you read the entire contract? Please try again. And both of these groups of charges were linked to the Sophie D. and Carol K. charges-which defendant asserted in the trial court should be tried separately-because defendant sold to Felipe Solano property stolen during crimes included in each of these groups. The high court ruled that the trial court did not err in denying the defendant's request to substitute counsel, stating, where a court justifiably finds an actual conflict of interest, there can be no doubt that it may decline a proffer of waiver, and insist that defendants be separately represented. (Id. 2. (Griffin, supra, 33 Cal.4th at p. 558, 15 Cal.Rptr.3d 743, 93 P.3d 344.) We have our standard retainer agreement that we have used in many, many different felony cases, including murder cases. The victim repeated her identification of defendant at trial. In the following years, he would leave more of these pentagrams behind, and would also tell his victims to swear to Satan instead of God. Before dawn on the morning of August 8, 1985, Sakina A. was awakened by the sound of defendant shooting her husband, Elyas, in the head as he lay next to her, asleep. The court instructed the jury, pursuant to CALJIC No. ] (People v. Seaton (2001) 26 Cal.4th 598, 646, 110 Cal.Rptr.2d 441, 28 P.3d 175.) The defendant's only contention on appeal in such circumstances can be that he or she was denied effective assistance of counsel. The victim later identified defendant in a lineup and at trial and identified several pieces of jewelry that police had recovered from Felipe Solano, who had purchased the items from defendant. The court observed that when the jury arrived all of them seemed, as far as appearances are concerned, able to carry on their tasks. The court asked the jury foreperson, outside the present of the rest of the jury, whether the jury was able to resume deliberations. We missed him, detective Gil Carrillo said. The Night Stalker kept himself under control for almost a year, but on March 17, 1985, at approximately 11:30 P.M., he struck again. Her dress was partially lifted and her girdle had been pulled down and torn. As discussed above, defendant has failed to show any errors occurred during the guilt phase of his trial. The survey revealed that 94.3 percent of those who responded had heard of the case and 52.7 percent were able to recall something about defendant, such as that he was a Satanist or that he looked evil or mean. 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. A little over a week later, Ramirez murdered 64-year-old Vincent Zazzara and his 44-year-old wife, Maxine. Sandra Hotchkiss testified for the defense and acknowledged that she was incarcerated at the California Institution for Women serving a term for burglary. The Court: Mr. Hernandez, you are making an issue of it. It is implied, when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. (188.) According to Dr. Minter, therefore, the absolute disparity between the 14 percent of persons who appeared for jury service and identified themselves as Hispanic and the 16.3 percent of the population within the 20-mile radius who were Hispanics who were eligible for jury service was just 2.3 percent. A .22-caliber bullet recovered from Chainarong K.'s head had been fired from the same gun that fired the bullets that killed Vincent and Maxine Zazzara. (People v. Braxton (2004) 34 Cal.4th 798, 813, 22 Cal.Rptr.3d 46, 101 P.3d 994; see also People v. Anderson (2001) 25 Cal.4th 543, 599, fn. You heard the description of the wounds that she suffered and these photographs do depict those wounds. 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. 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, On November 15, 1989, the court modified the sentence nunc pro tunc to add: The sentences on the noncapital counts are ordered to be consecutive to, and to be served subsequent to, and only upon completion of, the death sentences enumerated above. The victim had been stabbed multiple times in her upper chest, neck, arm, and leg and had some wounds on her hands. Night Stalker victim had eyes gouged out, witness says Jury selection commenced on July 21, 1988. You are not capable of it. When he was arrested, defendant invited the police to kill him, and asked to borrow a gun so he could kill himself. [Citation.] The bullet hit Hernandez in her hand and apparently was deflected by the keys she was holding. Both attorneys fall short of these qualifications. The relative disparity (2.3 percent divided by 16.3 percent), therefore, was 14 percent. ), 13. Plot. Defendant in the present case exhausted his peremptory challenges to the alternate jurors, but did not express dissatisfaction with the jury ultimately selected. He then removed the handcuffs from Carol K., handcuffed her son behind his back, and put him in a closet. ] (Ibid.) We disagree. Therefore, the trial court did not err when it instructed the jury that it could consider guilt phase evidence in its penalty deliberations. (People v. Champion (1995) 9 Cal.4th 879, 946-947, 39 Cal.Rptr.2d 547, 891 P.2d 93; People v. Harris (2005) 37 Cal.4th 310, 359, 33 Cal.Rptr.3d 509, 118 P.3d 545.). 503, 781 P.2d 537, fn. Their names are Adam Casas, L Casas, and three others. As in Williams, we need not decide in the present case whether the trial court erred in using the area within a 20-mile radius around the courthouse as the relevant community for cross-section analysis. Receiving no reply, she sent her son to a neighbor's house by promising the child that the neighbor would give him popsicles and candy bars. The weight to which such a circumstance is entitled and whether or not such conduct shows a consciousness of guilt are matters for your determination., The jury properly could infer that defendant's refusal to remove his sunglasses so that the witness could better identify him demonstrated a consciousness of guilt in the same manner as a defendant's refusal to provide a handwriting exemplar. Atty., Los Angeles, Cal., argued, for plaintiff-appellee. The court appropriately released the jury the day it learned of the juror's murder and resumed deliberations the following day only after observing the jurors' demeanor and inquiring of the jury foreperson whether the jury was ready to resume deliberations. He was a student, Salerno said in the documentary. She heard a muffled loud sound as she escaped and ran around to the front of the condominium complex where she saw defendant leaving the complex. During his testimony regarding the murder of Tsai Lian Yu, eyewitness Jorge Gallegos identified defendant, but added the observation, he's just a little different, explaining, his hair is just a little longer. On cross-examination, the following exchange occurred: [Defense Counsel]: the man at the trial looks different than the man you saw that night. The Court: The filing of any notices of appeal? 19, 106 Cal.Rptr.2d 575, 22 P.3d 347. Mrs. Doi was dressed in a nightgown. Richard Ramirez: The Night Stalker Zazzara Read original story Night Stalker': 10 Most Terrifying Details About Satanic Serial Killer Richard Ramirez At TheWrap, 'Night Stalker': How Dianne Feinstein Jeopardized the Search for Serial Killer Richard Ramirez, 'American Horror Story: 1984' Star Zach Villa on What the Night Stalker Wants With Brooke (Video), Murder Charges Dropped Against Curtis Flowers, Subject of True Crime Podcast 'In the Dark', Night Stalker': 10 Most Terrifying Details About Satanic Serial Killer Richard Ramirez, Viewers veto judges' votes on dj vu-inducing top 12 'American Idol' episode, Ashley Judd reflects on mom Naomi's 'irreplaceable loss' a year after the country star's death, Michael J. ] (People v. Crittenden, supra, 9 Cal.4th 83, 133-134, 36 Cal.Rptr.2d 474, 885 P.2d 887.) [] 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. Polo rang the doorbell and called out Vincents name, but received no response. At the time of trial, former Code of Civil Procedure section 197 provided: It is the policy of the State of California that all persons selected for jury service shall be selected at random from a fair cross section of the population of the area served by the court (Stats.1980, ch. 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. 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. White Pages - Find People In | Addresses During a court appearance, he held up the pentagram and after pleading not guilty, he said, Hail Satan., Also Read: Murder Charges Dropped Against Curtis Flowers, Subject of True Crime Podcast 'In the Dark'. One juror added: I just know he is the one arrested for murders he was to have committed. Do you understand if at any time in the future you change your mind and desire to obtain independent legal advice regarding the contract, you have the right to ask the court to appoint an attorney to discuss that matter with you? 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. Duenas grabbed a telephone to call the police and returned to the balcony. Police found a sliding glass door had been pried open. The jury reached its verdicts on the guilt phase of the trial on September 20, 1989. (189. maxine zazzara house ), Defendant relies upon our decision in People v. Beeler (1995) 9 Cal.4th 953, 986-991, 39 Cal.Rptr.2d 607, 891 P.2d 153, in which the father of one of the jurors died while the jury was deliberating in the penalty phase of a capital trial. Vincent Zazzara A. 81, 7, p. On October 22, 1985, Judge Soper noted that defendant had failed to provide a written agreement retaining attorney Gallegos. Copyright 2023, Thomson Reuters. ] (People v. Cox (1991) 53 Cal.3d 618, 666, 280 Cal.Rptr. They never were able to find the shoes after that. 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. 1692, the trial court denied the defendant's request to substitute counsel because it found that the proposed attorney had an irreconcilable conflict of interest that the defendant was not permitted to waive. 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 found the screen door unlocked and the front door ajar. Several hours later, she awoke lying facedown on her bed covered with blood. This appeal is automatic. We have seen him on almost a daily basis. The appellate court presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. (People v. Kraft, supra, 23 Cal.4th 978, 1053, 99 Cal.Rptr.2d 1, 5 P.3d 68.). That person was apprehended and questioned, but then released. I am aware of the fact that all of the local news media have given inordinate coverage to this case. Dr. Nancy Minter, a demographics expert employed by the County of Los Angeles, testified for the prosecution and disagreed that the population of persons eligible for jury service had increased by 1987, pointing out that the growth in the Hispanic population during this period consisted primarily of noncitizens who were ineligible for jury service. The court instructed the jury that [t]he weighing of aggravating and mitigating circumstances does not mean a mere mechanical counting of factors on each side of an imaginary scale, or the arbitrary assignment of weights to any of them. Instead, echoing a claim addressed above, defendant asserts he was denied due process of law under the Sixth and Fourteenth Amendments to the federal Constitution and article I, section 15 of the California Constitution because the trial court failed to inquire into defense counsel's possible conflicts of interest during the penalty phase. In court, during his arraignment in municipal court, defendant said, Hail Satan, and displayed a pentagram and the number 666 on his palm. The Sixth Amendment commands that the accused be defended by the counsel he believes to be best. (United States v. Gonzalez-Lopez, supra, 548 U.S. at ----, 126 S.Ct. 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. 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. Mr. Ramirez, would you rise, please, take your glasses off and face my clerk. Thank you. Linda Doi-Fick, the daughter of William and Yuriko Doi, later identified several items of property that had been taken from her parents' home, including her mother's wallet and pieces of jewelry, which had been recovered from Felipe Solano, who had purchased the items from defendant. A pentagram is A five-pointed figure formed by producing the sides of a pentagon both ways to their points of intersection, so as to form a five-pointed star Formerly used as a mystic symbol and credited with magical virtues. (11 Oxford English Dict. But as time went on without a sign of Ramirez, the dentists office suggested installing an alarm that employees could press when Ramirez came back, directly alerting the cops, which they did.
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