Copyright 2023, Thomson Reuters. Spidle asked, Why did you pick me? Defendant said that he had chosen to confess to Spidle because the other detectives were assholes. Spidle had treated him with respect, so he respected Spidle. 268.). that benefits the victims. ), The use in the sentencing factors of the phrases extreme mental or emotional disturbance ( 190.3, factor (d), italics added) and extreme duress or substantial domination of another (id., factor (g), italics added) does not inhibit the consideration of mitigating evidence or make the factors impermissibly vague. Romaine Martin, 44, offense date: May 27, 2011, sentenced: May 16, 2016Martin was a gang member who ordered a shooting in Moreno Valley. When the record fails to disclose a timely and adequate demand to testify, a defendant may not await the outcome of the trial and then seek reversal based on his claim that despite expressing to counsel his desire to testify, he was deprived of that opportunity. (People v. Hayes (1991) 229 Cal.App.3d 1226, 12311232; People v. Guillen (1974) 37 Cal.App.3d 976, 984985. (People v. Tate (2010) 49 Cal.4th 635, 708; Zamudio, at p. 369; People v. Pollock (2004) 32 Cal.4th 1153, 1195.) Gobert was shot once, in the back of the head. October 2, 2022 October 2, 2022 mycrimelibrary.com No comments. The trial court found a clear violation of article 36.24 However, it further found that no causal relationship or linkage had been shown between the violation and defendant's confession. Ms. Gobert's whole life was changed by the murder. At that point the interrogation ended. We raise awareness about these issues to help potential victims seek professional counseling and prevent anyone from getting hurt. Is that all clear[? Jason Hann, 44, offense date: April 1, 2002, sentenced: March 27, 2014Hann was convicted of murdering his two infant daughters, one in Desert Hot Springs and the other in Arkansas. been accepted to college in a mechanical engineering program. phase testimony expressing apparent unwillingness to accept responsibility for [] The Court: Yes, maam.. 267268; People v. Williams (2008) 43 Cal.4th 584, 648649.) Herman Flores estimated the time lapse at a minute or so. 33.) Gobert got into his car and drove up and down the street for several minutes. placement: 'Right Rail Thumbnails', Defendant told Spidle the following. Heat of passion arises when at the time of the killing, the reason of the accused was obscured or disturbed by passion to such an extent as would cause the ordinarily reasonable person of average disposition to act rashly and without deliberation and reflection, and from such passion rather than from judgment. [Citations. The culpability of the defendant for facts about which he was unaware at the time of the crime is less than for things he knew at the time of the crime. We reject his argument. argued by Michael Satris, by appointment, for the defendant and Deputy Attorney One of them wanted to write a song for them that was a street song. psychiatrist for three years. The concept cannot be stretched to include the potential effect the jury's decision may have. He nodded in agreement and the two groups parted. Michael Cook, 47, offense date: Jan.24, 1998, sentenced: July 25, 2008Cook was accused of killing two elderly women in Cathedral City. He admitted to shooting Hernandez in the shoulder (an autopsy determined Hernandez was shot twice once in the head and once in the back). He wanted them to go to church, and I saw that as remorse. Based on her interviews with defendant, she concluded he sincerely felt that what he did was wrong and that he regretted it., A. Stay up-to-date with how the law affects your life. He admitted lying Defendant contends the prosecutor committed prejudicial misconduct during his penalty phase argument by implying that the victims' families wanted defendant to be sentenced to death. We exclude the fruits of unreasonable searches on the theory that without a strong deterrent, the constraints of the Fourth Amendment might be too easily disregarded by law enforcement. He was sentenced to life in prison for a double murder. 8.85 was given here. Spidle had worked on the case, but had not been part of the interrogation. Even if we assume, as the trial court did, that the Philippine consulate would have provided a lawyer for defendant and that the consular officers and counsel would have advised defendant to remain silent, there was no showing that this would have occurred before defendant was booked. Maliwat also saw a girl lying on the ground. Defendant said that was what he wanted to do. CORRIGAN, J. functions, and was confined to a wheelchair. But Justice Carol Corrigan, writing for a unanimous court, said the Your big homie got death penalty. That figure puts Riverside County's death penalty adjudication rate per 100,000 residents above all other California counties with more than 200,000 residents. shot and paralyzed Goberts girlfriend, Jenny Hoyn, in a gang-related argument Eusebio Fierros, 29, offense date: Jan.19, 2008, sentenced: May 18, 2012Fierros was one of three defendants in the death of Lupe Delgadillo. Hernandez was 19 when he was murdered. Orlando Romero, 47, offense date: Oct.12, 1992, sentenced: Aug.28, 1996Romero committed a crime spree that involved the deaths of at least three people. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish one., 22. ][] 4. For two and a half years, unable to bring herself to tell The defense argued that eyewitness descriptions of the shooters clothing Shirley said that defendant was the product of rape.20 Shirley humiliated defendant by telling others of his bedwetting. ), Finally, defendant contends that our decision in People v. Gay (2008) 42 Cal.4th 1195 (Gay ) compels a conclusion that a lingering doubt instruction is required when an alternate is seated during the penalty phase. (People v. Avila (2009) 46 Cal.4th 680, 706707; see also People v. Manriquez (2005) 37 Cal.4th 547, 586 .) [] The Court: Victim impact is a consideration for this jury. This is the instruction he now proposes: 1. In addition to defendant, Pinas family included her husband Raymond, At least ten other Asians surrounded Hernandez, but when the police arrived, everyone drove away. He was a good boy, and a good student. avoid arrest. [Citations. | Photo: Getty Images. confessed to the police and his friends that he used it to kill the victims. B. 503.). We independently determine from the undisputed facts and the facts properly found by the trial court whether the challenged statement was illegally obtained. (People v. Cunningham (2001) 25 Cal.4th 926, 992. He denied responsibility for these crimes, then requested counsel. Defendant complains that three remarks made by the prosecutor crossed this line. Maliwat testified that slobs was an insulting term Crips used for Bloods. However, the bullets recovered from the victims were .38 caliber. Riverside County Public Defender Steve Harmon said he was pleased to hear of Newsom's executive order. The victim was Alma Franklin, a 73-year-old who lived next door to the defendant's sister. Royce Scott, 61, offense date: July 10, 1997, sentenced: Sept.17, 1997Scott was convicted of sexually assaulting Della Morris, a Palm Springs woman found dead inside her bedroom. 1. Ricky is an All-American football player at the same school as Doughboy and Cuba Gooding, Jr. is a high school senior who aspires to become a college man. (Bramit, supra, 46 Cal.4th at p. 1249; People v. Bunyard (2009) 45 Cal.4th 836, 861; People v. Lewis (2008) 43 Cal.4th 415, 532. [Schultz]: And I'[ve] about had it up to here with you cuz you're full of shit and that's it. Micky Cage, 50, offense date: Nov. 9, 1998, sentenced: Nov.14, 2003Cage was convicted of murdering his estranged wife's mother and brother in Moreno Valley. Two of them testified. The totality of circumstances show his decision to summon the investigators was not the result of coercion. Both men got out of their cars and fought. 8.85. Defendant told the police he was carrying a .38 revolver that evening, and he confessed to the police and his friends that he used it to kill the victims. Defendant now contends his second waiver was not knowing and intelligent. Nevertheless, he calls attention to defense testimony suggesting that there was a second shooter at the scene. speak to you without benefit of a lawyer? Schultz responded, No. Defense Section 12022.5, subdivision (a). The principles of law applicable to defendant's Miranda claim are well established. When Gobert appeared to reach for a gun, the ABC gang attacked him, threw him to the ground, and beat him. 805806.). He died at the age of 71. Stone, in a statement published on his Facebook page, said the moratorium is unfair to victims of murder. (See People v. Hendricks (1987) 43 Cal.3d 584, 592594; People v. Murphy (1972) 8 Cal.3d 349, 366367; see also People v. Cox (1991) 53 Cal.3d 618, 671 [ [A] trial judge may safely assume that a defendant, who is ably represented and who does not testify is merely exercising his Fifth Amendment privilege against self-incrimination and is abiding by his counsel's trial strategy; otherwise, the judge would have to conduct a law seminar prior to every criminal trial. (Quoting People v. Mosqueda (1970) 5 Cal.App.3d 540, 545) ].) [] [Schultz:] Yes. Lilibeth feared Robert might kill her. I don't think it links up I am looking to see if he is harmed in the totality. Enraca was sentenced to death. Irreversible and irreparable in the event of human error.. 42, __________________________________________________________________________________. (In re Joe R. (1980) 27 Cal.3d 496, 515.) 14, 22 In the exchange in question, defense counsel asked Schultz, The 48 hours you He drew an analogy to talking to murders1 of Ignacio Hernandez and Dedrick Gobert, with a multiple-murder (People v. Gamache, supra, 48 Cal.4th at p. 406; People v. Barnwell (2007) 41 Cal.4th 1038, 1058 (Barnwell ).) Arquero exclaimed, Oh, shit. Copyright Therefore, the point is forfeited because any prejudice it may have caused could have been cured by an appropriate admonition. When evidence of postcrime remorselessness has been presented, however, the prosecutor may stress that remorse is not available as a mitigating factor. (Gamache, at pp. The defense Defense expert Dr. James Rosenberg later clarified that doing speed is a slang phrase for taking methamphetamine. As Maliwat began to drive away, defendant jumped in the car. (People v. Carrington (2009) 47 Cal.4th 145, 198; Bramit, at pp. Defendant asserts that Detective Schultz physically threatened him. It turned out, at the race, Hernandezs car was cut off by an Asian driver, and both men went out of their vehicles to fight. | Source: Shutterstock. (People v. Blacksher (2011) 52 Cal.4th 769, 833; People v. Jackson (1980) 28 Cal.3d 264, 306.). 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