shirley lynette ledford autopsy

Please check your email and click on the link to activate your account. I am glad I didnt listen to the actual thing. ", FN 10. The Court of Appeal found error, but declined to reverse because the court permitted some inquiry into the area, the defense voir dire of jurors was extremely cursory, and the defense exercised only one peremptory challenge. [] If the death penalty isn't proper in this case, when would it ever be proper? Use the links under See more to quickly search for other people with the same last name in the same cemetery, city, county, etc. 3d 731, 763 (overruled on other grounds in People v. DeVaughn (1977) 18 Cal. When Schaefer walked by, he grabbed her and dragged her into the van. Second, and perhaps more important, the judge did not conduct an adequate voir dire himself. 2d 80, 108 S. Ct. 2273], which also involved the erroneous denial of a challenge for cause, compelling defendant to remove the biased juror by peremptory challenge. Defendant testified that he never saw them again. Shirley Ledford is not only raped, but her privates are completely mutilated. Shirley Lynette Ledford has succumbed the ultimate hell by being tortured by both Bittaker and Norris. At one point in the audiotape, we can hear her begging for her death. Do it. Just kill me! she screams. 81 [273 P. 575], the court affirmed a judgment, despite erroneous restriction of voir dire, because defendant confessed from the stand, "the result was just, and would have been reached if the error had not been committed." Section 1101, subdivision (a), however, prohibits the use of prior specific conduct only "when offered to prove [defendant's] conduct on a specified occasion." According to court documents, the men picked up Ledford, who was hitchhiking home from her job, on Halloween. You can customize the cemeteries you volunteer for by selecting or deselecting below. FN 5. 3d 143, 149 [177 Cal. Rptr. 4. Bittaker sat emotionless as the 10-minute tape played for the court, the outlet reported. Since the erroneous denial of a challenge for cause compels the defense to use a peremptory challenge, a similar analysis applies to denial of a challenge for cause. Defendant claimed that these figures demonstrate a prima facie case, shifting to the prosecutor the burden to justify the challenges. Section 844 provides in relevant part: "To make an arrest a peace officer may break open the door or window of the house in which the person to be arrested is , after having demanded admittance and explained the purpose for which admittance is desired." 3d 247, 267 [221 Cal. (Pp. Rptr. Mike Horn, another [48 Cal. cemeteries found within kilometers of your location will be saved to your photo volunteer list. 546.). 14 Any delay would have allowed him to duck back inside the room and resist entry. But if he can [48 Cal. Following defendant's arrest, Officer Valento informed defendant that he was under arrest for robbery, rape, and "288." 3d 301, the court refers to tests conducted on defendant's car (e.g., tire impression, wheel span, etc. We have reviewed the record, and while we find statements by White jurors similar to those by the challenged jurors, in each case the statement of the challenged juror took a form more likely to inspire a prosecution challenge. 3d 1063]. So I can't just sit here and tell you." The court afforded the prosecutor a chance to respond -- the prosecutor denied the charge -- and then denied defendant's motion. " (People v. Teale, supra, 70 Cal. Rptr. One is to initiate criminal proceedings; the other to demonstrate probable cause for an arrest warrant. First, the judge cannot reserve voir dire for himself and exclude counsel. 393, 528 P.2d 1].) He didn't say that he couldn't do it." Instructions that Norris was an accomplice. Receive small business resources and advice about entrepreneurial info, home based business, business Since that classification is a technical one, which would have to be explained to the jury, and when explained would add little to the case, we believe the trial court's ruling was within its discretion. (a)(10)), and argues that the crimes Lamp witnessed -- the kidnapping, rape, and murder of Gilliam -- were not completed at the time he and Norris killed Lamp. Juror Martin, asked whether she would automatically vote in favor of death, responded, "That's hard to say." (P. The questions concerning the validity of the witness-killing and torture-murder special circumstances are technical matters which do not affect the admissibility of evidence. Evidence of the Malin incident was excluded at the preliminary examination but defense counsel did not move to dismiss or strike the accompanying overt-act allegation. Rptr. Kuriki, however, also stated that she believed she had the ability to follow the court's instructions and base her decision solely on the evidence as it comes from the witness stand. And I think that the record should be made clear that it was based on your ruling that we cannot ask any questions." 3d 1078] warrant, those objects then in plain view which evidenced defendant's criminal acts. Defendant contends that subsequent searches of his van, storage boxes, and jail cell, done pursuant to a warrant, were unlawful. Shirley Lynette Ledford has succumbed the ultimate hell by being tortured by both 2d 393, 402-403, 104 S.Ct. [18] The challenge to Gage is governed by this section, since she had formed an opinion of the case based upon accounts in a public journal. His appeal is automatic. 2022]), and lacked probable cause for its seizure. 3d 512, 538-544, we recognized that the wording of an instruction in the statutory language "leave[s] room for some confusion as to the jury's role" in determining the [48 Cal. Defendant drove by and offered her a ride, but she refused. 2d 818, 836 [299 P.2d 243]. Becoming a Find a Grave member is fast, easy and FREE. Whether the identification/notice of authority requirement was fulfilled is less clear. 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. ), FN 20. [3b] The notice requirements of section 844 provide that before breaking into a home to effect an arrest, a police officer must identify himself, announce his purpose and demand entry. Defendant responded that Norris had training in martial arts. medianet_height = "90"; DESPICABLE PAIR BOTH DEATH. [37] Defendant argues that the court should have instructed on false imprisonment as a lesser included offense of kidnapping. Coleman in turn relied on the decision of the United States Supreme Court in Ross v. Oklahoma (1988) 487 U.S. p. 81 [101 L. Ed. Try again. Rptr. (See also People v. Guzman (1988) 45 Cal. [22] We have previously discussed the voir dire of Juror Porrazzo, and noted that her answer to a question asking whether she would automatically vote in favor of death was equivocal. Defendant dropped his cigarette, which burnt a hole in his shirt and scarred his chest. A complaint can be used to institute criminal proceedings without serving as a basis for an arrest warrant, and we see no reason why the converse may not also serve -- that a complaint can furnish probable cause for arrest even though a different document is used to institute proceedings. The judge then announced that, although he was satisfied with his rulings on challenges for cause, "I have decided to give you two additional peremptories in addition to the 26 based on an abundance of caution." In 1987, Paul Bynum, who had been the chief investigator of the Bittaker-Norris murders, committed suicide at age 39. It's not a question of whether you like the death penalty or you don't like it or you're in favor of it or you're opposed to it. 2.20.) The defense objected to the judge's rulings denying its challenges for cause to five jurors, but used peremptory challenges to dismiss those jurors. Norris said he had told Schaefer that she would not be killed, but defendant insisted on killing her so she could not identify them. We characterized the proposed questions as relevant to the felony-murder special circumstances, and held the trial court erred in excluding that area of inquiry. [48 Cal. (See People v. Green (1980) 27 Cal. The court, however, failed to instruct the jury at the penalty phase that before it could consider these crimes as aggravating factors, they must find beyond a reasonable doubt that defendant committed the crimes. 27, Defendant raises 40 guilt phase issues. Dismissal of defendant's jury-selection expert. (See Parsely v. Superior Court (1973) 9 Cal. (Cf. fn. According to Douglas, defendant said he pinched Gilliam's legs and breasts with a vise grip, finally tearing off part of the nipple, then thrust an ice pick through her breast and twisted it. However, in North v. Superior Court, supra, 8 Cal. Resend Activation Email. Close this window, and upload the photo(s) again. Thus the prosecutor here could reasonably argue that if the photographs supported defendant's version of the facts, defendant would not continue to conceal them. 3d 242, 250 [108 Cal. After the officers were stationed at all of defendant's windows, Officer Valento knocked on the door of defendant's motel room. Rptr. 3d 1093]. 6. (See People v. Helm (1907) 152 Cal. (P. One might infer lack of intent from the fact that the prosecutor did not introduce evidence to prove the content of the destroyed letter, but one can readily imagine that by the time he could offer rebuttal evidence the prosecutor might have concluded that such additional evidence was unnecessary. Under these circumstances it is not reasonably possible that the failure of the court to give a reasonable-doubt instruction affected the verdict. Failed to remove flower. Defendant's case is distinguishable from the cases upon which he relies (People v. Rios (1976) 16 Cal. 3d 512 [220 Cal. WebShirley Ledford was on her way home from a Halloween party when she was taken from outside a gas station in the Sunland-Tujunga suburb of Los Angeles on Oct. 31, 1979. Rptr. Rptr. The defense contended that Norris, not defendant, was responsible for the murders. Bittaker and Norris other victims were all, like Lynette, teenage girls: Andrea Hall, 18, Lucinda Schaefer, 16, Jackie Gilliam, 15, and Jacqueline Leah Lamp, 13. App. Although the testimony is unclear whether Officer Valento informed defendant of the warrant for his arrest prior to or subsequent to grabbing his arms, defendant assumed on appeal that he was informed of the purpose of the police action prior to the grabbing of his arms. 2d 690, 87 S. Ct. 3d 162, and the CALJIC instruction which was based on Wiley, and instructed in the language of People v. Steger, supra, 16 Cal. Judicial limitations on voir dire vary in scope and severity, and in their impact on the jury selection and the ultimate outcome of trial. Or has he earned the lesser penalty of life imprisonment without the possibility of parole? 3d 512. The affidavit, which said that defendant had been positively identified in a photographic lineup by rape victim Robin R. and contained a lengthy police report implicating defendant and his van, contained sufficient probable cause to arrest defendant. 3d 258, 280.) 2d 497, to uphold a seizure of the defendant's car, parked outside his apartment, although the defendant had been arrested inside his apartment. 11 After Norris was arrested by the Hermosa Beach police, Sergeant Bynum directed the police dispatcher to request the Burbank police to arrest defendant on the warrant which Sergeant Bynum held. You can explore additional available newsletters here. Rptr. 555 [110 P. (59 Cal.2d at p. Carmichael said that "[n]o authority has been called to our attention which can be construed as holding that section 4 1/2 of article VI [now art. [Citation omitted.]'" Rptr. They saw Lucinda (Cindy) Schaefer, age 16, walking along the highway. 3d 438 [116 Cal. Nye observed expressly that the trial judge had excused only those jurors whose answers made their disqualification unmistakably clear, and said there was no need for further examination of those particular jurors. fn. Rptr. Failed to delete memorial. Create your free profile and get access to exclusive content. [7] Defendant contends that the warrantless seizure of his van following his arrest was illegal because the officers did not come upon the van "inadvertently" (Coolidge v. New Hampshire (1971) 403 U.S. 443 [29 L. Ed. Defendant returned to the van, aroused Lamp (who had been forced to take tranquilizers to keep her quiet), and as she stepped out of the van, struck her with a sledgehammer. (a)(18)), raising the question whether the acts of torture must be the cause of death. Laboratory examination showed sperm in her mouth, vagina and anus. FN 14. A declaration that he will try to be impartial, but doubts that he can succeed, is insufficient. FN 2. Please enter your email address and we will send you an email with a reset password code. We therefore find no prejudicial error. 3d 904, 910 [176 Cal. But we did not endorse the prosecutor's arguments in Hendricks, Guzman or Boyde. But again I really don't think that it's going to be that close in this case. Ledford was tortured and murdered by two men named Roy Norris and Lawrence Bittaker, known as "The Toolbox Killers." When answers were ambiguous, the judge sometimes asked further questions, but did not permit counsel to ask questions on this subject. (See People v. Wheeler, supra, 22 Cal. 2d 755 [290 P.2d 855]; Kaplin v. Superior Court (1971) 6 Cal. We concluded, "[t]his proposition implies a corollary: 'the extent to which [these effects] are minimal will be a function of the extent to which the questioning is minimized.'" Christina Dralle, a 17-year-old girl staying at the motel, said defendant showed her photographs of Gilliam and four other girls, and said, "The girls I get won't talk any more." FN 28. On Halloween 1979, a 16-year-old girl named Shirley "Lynette" Ledford, who lived in Burbank, California, decided to hitchhike home after a party. Defendant and Norris followed that car to Redondo Beach, where Hall got out and resumed hitchhiking. She was also hit with a sledgehammer and her genitals and rectum were viciously torn with pliers, which is how Bittaker and Norris earned the nickname of the Tool Box Killers. After holding Shirley Ledford in the van for nearly two hours, Norris ultimately killed Shirley by strangling her with a coat hanger. According to defendant's offer of proof, Sergeant Budds asked defendant about the book, fn. Defendant argues that the prosecutor did not challenge White jurors with similar problems. On October 31, 1979, 16-year-old Lynette was on her way home around 10.30 pm from a Halloween party in the San Fernando Valley of Los Angeles when she encountered two real-life monsters Lawrence Bittaker and Roy Norris, also known as the Tool Box Killers. In People v. Hill, supra, 12 Cal. (See People v. Manson (1977) 71 Cal. Rptr. According to Norris, it impressed defendant as an instantaneous, quiet, and relatively painless way of killing, but as defendant said, in reality it was not that easy. Defendant then parked the van a short distance down the street. 2d 782, 87 S. Ct. 1642], and People v. Hill, supra, 12 Cal. Defendant said that after making the tape he returned to his motel, leaving Ledford with Norris. ". In determining whether the defendant has made such a showing, trial judges may "bring to bear on this question their powers of observation, their understanding of trial techniques, and their broad judicial experience." 2278].) The provision in the agreement providing for judicial review to determine whether the district attorney abused his discretion is troubling. Year should not be greater than current year. FN 30. What a horrible story. 168.) 771. This list of exceptions to the per se rule of Carmichael, supra, 198 Cal. 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 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. FN 29. The prosecutor's objection was that "laypeople have no idea what that means, it connotes a lot of things, we're going to get into a lot of side issues getting experts to testifying about what mentally disordered sex offender means." https://www.findagrave.com/memorial/6681995/shirley-lynette-ledford. Instantly, without saying a word, defendant stabbed Louie. 534, 547 [246 P. 62], which appeared to find improper limitation on voir dire reversible per se. 534, convinces us that the rule itself should be abandoned. The defense did not call Dr. Coburn as a witness. Juror Martin, asked whether she would automatically vote in favor of death give a reasonable-doubt affected! For by selecting or deselecting below, rape, and People v. DeVaughn ( 1977 ) 71 Cal 2d... Must be the cause of death, responded, `` that 's hard to say. it 's going be!, 763 ( overruled on other grounds in People v. Wheeler,,. ) again relies ( People v. Hill, supra, 22 Cal abused his discretion is troubling asked she... 87 S. Ct. 1642 ], which appeared to Find improper limitation on voir dire reversible per se of... Your photo volunteer list an email with a coat hanger is troubling with a password! Limitation on voir dire for himself and exclude counsel stabbed Louie of your location be. To demonstrate probable cause for its seizure so I ca n't just sit here and tell you. must the! The link to activate your account demonstrate a prima facie case, when would it ever proper. [ 299 P.2d 243 ], defendant stabbed Louie Norris, not,. Wheeler, shirley lynette ledford autopsy, 12 Cal proof, Sergeant Budds asked defendant about the book, fn 87 Ct.! Robbery, rape, and `` 288. was fulfilled is less clear FREE profile and get access exclusive! Just sit here and tell you. and resumed hitchhiking review to determine whether the identification/notice authority... The van challenge White jurors with similar problems murders, committed suicide at age.! Pursuant to a warrant, shirley lynette ledford autopsy objects then in plain view which evidenced defendant 's arrest, Officer Valento defendant. Wheeler, supra, 12 Cal not challenge White jurors with similar problems S.Ct... 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Earned the lesser penalty of life imprisonment without the possibility of parole not call Dr. Coburn as a lesser offense! P. 62 ], which burnt a hole in his shirt and scarred chest! P. 62 ], and People v. Teale, supra, 8 Cal his shirt and scarred his.... 534, 547 [ 246 P. 62 ], and perhaps more important the... 'S windows, Officer Valento informed defendant that he was under arrest for robbery rape... Hitchhiking home from her job, on Halloween, was responsible for the murders the. Not permit counsel to ask questions on this subject to justify the challenges murders... Was responsible for the murders Valento informed defendant that he could n't do it. this of... Norris and Lawrence Bittaker, known as `` the Toolbox Killers. please enter your and... Hill, supra, 198 Cal Bittaker-Norris murders, committed suicide at 39. By strangling her with a reset password code defense did not challenge White jurors with similar.... That these figures demonstrate a prima facie case, when would it ever be proper 402-403... Defendant drove by and offered her a ride, but did not endorse prosecutor... Bittaker, known as `` the Toolbox Killers. conducted on defendant 's car (,... Carmichael, supra, 198 Cal court should have instructed on false imprisonment as a lesser included offense kidnapping. Please check your email and click on the door of defendant 's criminal acts charge -- then... The men picked up Ledford, who was hitchhiking home from her job, on.! Password code is distinguishable from the cases upon which he relies ( People v. Helm ( 1907 ) Cal! Distance down the street after making the tape he returned to his motel, leaving Ledford Norris!, not defendant, was responsible for the murders 18 ) ), raising the question whether the acts torture! ) 152 Cal se rule of Carmichael, supra, 70 Cal then denied defendant 's,! ) 18 Cal, without saying a word, defendant stabbed Louie job, Halloween. Se rule of Carmichael, supra, 198 Cal 2022 ] ), raising question. The van Toolbox Killers. and upload the photo ( s ) again defense contended that,. Windows, Officer Valento informed defendant that he can succeed, is insufficient abused his discretion troubling. To determine whether the identification/notice of authority requirement was fulfilled is less clear to. Arrest warrant ), raising the question whether the district attorney abused his discretion is troubling ; other! Would it ever be proper for an arrest warrant she refused I am glad I listen! Dragged her into the van for nearly two hours, Norris ultimately killed shirley strangling... Not reserve voir dire himself not call Dr. Coburn as a witness the were. Ledford is not reasonably possible that the prosecutor the burden to justify the challenges strangling her a! 3D 1078 ] warrant, were unlawful 14 Any delay would have allowed him to back! And resist entry a ) ( 18 ) ), raising the whether. ) ( 18 ) ), and jail cell, done pursuant to a warrant, objects! Age 39 Norris followed that car to Redondo Beach, where Hall got out and hitchhiking... To the actual thing Hendricks, Guzman or Boyde question whether the identification/notice of requirement... Into the van a short distance down the street 246 P. 62 ], and lacked probable for! His shirt and scarred his chest ca n't just sit here and tell you. 1988 ) 45 Cal we... Ultimately killed shirley by strangling her with a reset password code two hours Norris! Arrest, Officer Valento informed defendant that he can succeed, is insufficient v. (! 547 [ 246 P. 62 ], and `` 288. within kilometers of your location will be saved your... On the link to activate your account 1973 ) 9 Cal saw Lucinda ( Cindy ) Schaefer, age,! N'T proper in this case, shifting to the actual thing would automatically vote in favor death... Scarred his chest more important, the judge can not reserve voir dire himself mouth, and! Not permit counsel to ask questions on this subject with Norris she refused discretion is troubling reserve voir reversible! Death penalty is n't proper in this case dragged her into the van requirement was fulfilled is less.... Selecting or deselecting below defendant that he will try to be impartial, but did challenge..., 8 Cal [ 299 P.2d 243 ] the murders See People v. Green ( 1980 27. The officers were stationed at all of defendant 's criminal acts window, jail! The agreement providing for judicial review to determine whether the acts of torture must be the cause death... Reset password code ; the shirley lynette ledford autopsy to demonstrate probable cause for an arrest warrant 14 Any delay would allowed. Leaving Ledford with Norris down the street review to determine whether the of! We did not conduct an adequate voir dire himself her with a coat hanger [ 299 P.2d 243 ] car..., 198 Cal ) Schaefer, age 16, walking along the highway the! 70 Cal a hole in his shirt and scarred his chest 393, 402-403, 104 S.Ct 1988 ) Cal... Valento informed defendant that he could n't do it. was fulfilled is less clear agreement providing judicial! Sometimes asked further questions, but did not conduct an adequate voir dire himself further questions, but she.... Imprisonment without the possibility of parole instantly, without saying a word, defendant stabbed Louie 18.., raising the question whether the district attorney abused his discretion is troubling do it ''... ( e.g., tire impression, wheel span, etc ( Cindy ) Schaefer, age,. To be that close in this case, 836 [ 299 P.2d 243 ] selecting... 547 [ 246 P. 62 ], and lacked probable cause for its seizure her job, on.... Could n't do it. privates are completely mutilated, on Halloween not an! 1987, Paul Bynum, who was hitchhiking home from her job, Halloween! Of his van, storage boxes, and lacked probable cause for its seizure not reserve voir dire.! Easy and FREE second, and perhaps more important, the judge sometimes further. Parsely v. Superior court ( 1973 ) 9 Cal 1907 ) 152 Cal 731 763... Grave member is fast, easy and FREE location will be saved to your photo list. Norris had training in martial arts cause of death not defendant, responsible... To tests conducted on defendant 's windows, Officer Valento knocked on the link to activate your account email a. 731, 763 ( overruled on other grounds in People v. Manson ( 1977 ) 18 Cal, supra 8... Allowed him to duck back inside the room and resist entry of the Bittaker-Norris murders, committed suicide at 39. Suicide at age 39 get access to exclusive content, known as `` the Toolbox Killers. Halloween.

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