1454].)   Teale, supra, 70 Cal. Hitch hiking was not considered dangerous & “stranger danger” was not a thing yet. She also spontaneously stated that she believed that a person is innocent until proven guilty. Ms. R. also selected defendant's photograph out of a photographic lineup of potential suspects. (See People v. Baines (1981) 30 Cal. (Pp. I read something about Bitaker talking to an interviewer about a Christian couple who regularly visit him and his telling the interviewer “They’re just really good people” and crying as he said it, which would indicate at least that he’s pretty lonely and going a bit mad from loneliness. Bittaker gladly accepts the lighter charge of being an ex-con in possession of tear gas and walked out of the police station just in time for Halloween. 2d 360, 388 [14 Cal. Driving while still dark in the residential Tujunga area, Bittaker throws little Shirley’s remains in a front lawn ivy bed, wanting to read the reactions next day in the newsprint. The present case antedates the enactment of article I, section 28, of the California Constitution, which bars exclusion of relevant evidence in criminal proceedings. After the arresting officers had notified the Hermosa Beach police department that they had defendant in custody, the officers were informed that defendant may have been involved in "some 187's [murders] of females, that there was Mace or some other type of chemical agent used in one of the attacks," and that some of the victims may have been photographed. 3d 1100] that, absent the error in question, the jury would have reached a different result. FN 29. Though warned repeatedly by his attorney, Bittaker insisted on finishing the manuscript, apparently convinced that jurors would believe his assertion that Norris masterminded the operation. fn. 3d 211, 219 [127 Cal. head when there [sic] getting physically slattered [sic] (.)? 3d 1094]. HEY PUT THOSE 2 DEMONS IN A CELL WHERE KNOWN SHANKERS ARE. 2d 711, 726, 91 S. Ct. App. He objects to the finding that Lamp was intentionally killed because she was a witness to a crime. App. But when defendant appeared at the window, an announcement of purpose before arresting him would have been hazardous. These girls did NOT deserve any of what was done to them! My only regret in this case, ladies and gentlemen, is that I can't ask you for more than the death penalty. In the absence of any reference to parole, pardon, commutation, or the like, we do not think the prosecutor's comment can be considered misconduct. Under these circumstances, it is most unlikely that the jury would have been led by the prosecutor's explanation of the decisionmaking process to refrain from considering whether defendant's conduct warranted the death penalty, and induced instead to engage in a dispassionate analysis of the statutory factors to confirm that the aggravating predominate by at least 50.1 to 49.9 percent. He claims that when the officers began seizing items contained in the van, rather than merely "examining" the van for its "evidentiary value," the officers went beyond the permitted examination. Talk about being stupid. Bittaker told a judge reviewing his probation that prison was like home and he might kill if released. But that argument does not help defendant, for once the officers were lawfully in the van, they were entitled to seize, without a [48 Cal. 3d 889, 896 [135 Cal. The young woman who had been maced from her apartment parking area but escaped from Norris and Bittaker was the only victim who had lived to testify. 3d 1086] (1978) 22 Cal. Dr. Markman [48 Cal. Rptr. They eventually seized a number of items, including two pieces of jewelry (crosses with chains), a douche package, a "sap," a book on locating police broadcasting frequencies, a container of Vaseline, and several cassette tapes, including the tape recording the torture of Ledford. shit if that person has an(a)? Searches pursuant to a warrant of defendant's van, storage boxes, and jail cell. The prosecution claimed that the background noise on the tape was the engine of defendant's van, and showed that defendant was driving the van, and thus present, while Norris tortured Ledford. Rptr. A “victim” is NEVER at fault you moron. As the Court of Appeal correctly found in People v. Case (1980) 105 Cal. 2d 72, with approval (18 Cal.3d at pp. Section 806 provides in relevant part: "A proceeding for the examination before a magistrate of a person on a charge of an offense originally triable in a superior court must be commenced by written complaint under oath subscribed by the complainant and filed with the magistrate. Figuring that the mountain area where most of the girls were killed was a federal park, he would have a better chance under federal law rather than the state. FN 18. He also scored near genius on his IQ test, but just didn’t seem to learn from his mistakes. Shoopman testified to receiving a letter from defendant on or about September 14, 1979. Having heard Norris confess to torturing and strangling Ledford, to hitting Lamp with a sap and helping to kill her with a hammer, and to assisting in the strangulation of Schaefer, the jury would be in little doubt about Norris's violent proclivities. Defendant was arrested pursuant to a "Ramey" arrest warrant fn. They also bought a camera and tape recorder. In order to ‘desensitize’ FBI agents, the Bittaker-Norris audio tapes are unleashed at Academy recruits to show what they may be dealing with when encountering monsters disguised as humans. Defendant must show that the error affected his right to a fair and impartial jury. Bittaker then extracted his pliers from the tool box. die now right now after the rape and The trial judge had excluded evidence of this event because of the difficulty in explaining MDSO classification and procedure to the jury. 6 based upon an affidavit filed by a Sergeant Bynum of the Hermosa Beach police department. Subscribe to Justia's Free Summaries Defendant raped her, then Norris a second time. On the record before us, Gage showed a commendable ethical concern about her ability to be fair in light of the opinion she had formed. 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. 3d 1075] pistol, and chemicals. Norris suggested that they kill Gilliam quickly because she had been so helpful, but defendant replied that "they only die once, anyway." Apparently one of the killers wrote a book about it all called The Last Ride. Bittaker denied everything. (46 Cal.3d at p. 3d 301 [104 Cal. It was not, however, permitted to ask questions relating to views on capital punishment. 3d 1109] death verdict on the ground that the aggravating factors were not sufficiently substantial in comparison to the mitigating factors to warrant the death penalty. well you can always fight. What will he say to the Lord of Lords and King of Kings when he closes his eyes in death and faces the Great White throan judgment. 16 (People v. Rogers, supra, 21 Cal. (P. The rebuttal testimony of Dr. Markman. Both girls wake at the mountain graveyard where they began two days of a very slow death. 603, 618 P.2d 149]; People v. Bloyd (1987) 43 Cal. only done minor deals(.)? Deputy District Attorney C. Ramsey Randolph called Bittaker and Norris “Two mutates from Hell,” but soon the jury learned that even that epithet was an understatement. Norris testified, however, that all were immediately subdued, and then transported a considerable distance against their will. (People v. Armendariz (1984) 37 Cal. 752 [127 P. 58] (overruled prospectively in People v. Williams (1981) 29 Cal. While at one point she agreed that she could not fairly judge and evaluate the case, she later said she could decide it strictly from the evidence presented in court, ignoring the newspaper account. 224, 591 P.2d 514], however, the court criticized the use of the "instrumentality of the crime" theory to justify the search of an automobile. After all,…..these monsters are animals themselves !! Not one of you have it in you to take a human life so please stop embarrassing yourselves on the internet. [48 Cal. In such circumstances the trial judge is in the best position to evaluate the juror's actual capacity to act impartially, and the trial court's determination is binding on an appellate court. Good call guys. The defense exhausted its additional challenges.
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