shirley lynette ledford autopsy

It would obviously be improper for the jury to return a death verdict with respect to one murder to protect the death verdict it returned for a different murder, and the prosecutor should not have suggested that the jury do so. Are you sure that you want to remove this flower? ), This error, however, is of little significance. People fled the court room, including the court room artist, according to "The Toolbox Killer.". 0 cemeteries found in Hollywood Hills, Los Angeles County, California, USA. Belief in the truth of the assumption that sentencers treat the power to determine the appropriateness of death as an 'awesome responsibility' has allowed this Court to view sentencer discretion as consistent with the Eighth [Amendment] ." (Pp. Thus the trial court had authority to exclude evidence seized in violation of the California Constitution as interpreted in Minjares. Norris suggested that they kill Gilliam quickly because she had been so helpful, but defendant replied that "they only die once, anyway." 9. Norris then drove away without defendant, who fled on foot. 3d 539. 3d 512. The trial court had previously refused to permit that information to go before the jury, and it is unlikely that an objection during closing argument would have changed that ruling. This would have enabled his attorney to research Douglas's background, prepare for his testimony and assess whether they should have modified the defense strategy in light of Douglas's expected testimony. FN 27. To categorize any erroneous restriction as the denial of the right to jury trial implies reversal for the most trivial of errors, and invites the creation of more and more exceptions to the rule. Their actions turned into a "search," and thus a warrant was necessary. Lynette told him, Ill scream if you stop hitting me., But Norris didnt stop. He described defendant's lengthy criminal career dating from adolescence, but noted that [48 Cal. On July 4, 1979, defendant and Norris set out to find another victim. After raping a woman in Colorado, Norris returned to California and called defendant. Defendant and Norris had seen a gangster movie while in prison in which the villain killed his victims in this fashion. fn. App. The judge said, "The case law that guides this court dictates, and I make the ruling, that only certain questions, specific questions, be asked of the jurors having to do with their attitude in regard to the death penalty. Heta poddar Populra shower idag. 3d 629 [221 Cal. Ironically, despite defendant's many crimes he was actually arrested for one which he may not have committed. Are you sure that you want to delete this memorial? The rebuttal testimony of Dr. Markman. [48 Cal. We have set your language to Defendant told Douglas that he tortured Ledford by pulling on her genitals and breasts with a vise grip. Laboratory examination showed sperm in her mouth, vagina and anus. 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. Question three asked: "Do you have such a conscientious opinion or religious conviction regarding the death penalty that if you found the defendant guilty of murder in the first degree and you found the special circumstances alleged to be true, that you would automatically find the penalty to be life imprisonment without the possibility of parole?" 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. 409, 439 P.2d 321]; People v. Blair (1975) 51 Cal. The prosecutor returned again and again to this topic, asking defendant nine times where the photographs were; each time defendant refused to reveal their location. Is that true?" This argument, however, depends upon defendant's further claim that there was no "nexus" between the items seized and criminal activities, for given a suitable "nexus," the police may seize any item discovered during a consensual search. The misconduct, however, could have been cured by timely objection and admonition. Your account has been locked for 30 minutes due to too many failed sign in attempts. Sergeant Farrand, an officer participating in defendant's arrest, testified that Officer Valento announced that it was the Burbank police after knocking on the door. 902, 450 P.2d 278]; People v. Henry (1967) 65 Cal. Neither permitted a court to prohibit voir dire of jurors who gave equivocal answers. 3d 1077] to determine the van's "evidentiary value" as is permitted by the Teale (supra, 70 Cal.2d 497) line of cases. The two men had recorded themselves torturing Ledford with screwdrivers, raping her, and strangling her with a coat hanger. In that decision we offered a number of reasons for rejecting the claim that an erroneous denial of a challenge for cause was reversible per se; the most important, we said, was that "the error here did not result in a jury particularly apt to impose the death penalty, and there is no indication that the jury before which defendant was tried was anything other than fair and impartial." All photos uploaded successfully, click on the Done button to see the photos in the gallery. You need a Find a Grave account to continue. 172, 450 P.2d 564] and its progeny to uphold the seizure of the van as an instrumentality of the crime. 637, 709 P.2d 440]. fn. At one point he asked her, what are you sniveling about?. He [48 Cal. The first two questions inquired about guilt and special circumstances. 79.) Rptr. 3d 1222. "Ramey" arrest warrant and affidavit forms resulted from our decision in People v. Ramey (1976) 16 Cal. 626] [torture-murder special circumstance does not require proof of causation] [48 Cal. [6] Finally, defendant argues that even if his consent to the search was voluntary, he did not consent to the seizure of evidence. On cross-examination defendant admitted that he had hidden a number of photographs and one tape by burying them at Forest Lawn Cemetery. (Rogers, at p. [13] Defendant claims that the judge acted precipitously in ordering McLaughlin to leave his chambers where the jury was being selected. Bittaker and Norris The Tool Box Killers, here to read the Transcript of Shirley Lynette Ledford audio recording. As the Court of Appeal correctly found in People v. Case (1980) 105 Cal. 7. Defendant not only demonstrates, but glories in his readiness to commit murder, rape, and torture. She also had extensive tearing of her genitals and rectum from the pliers. In 1979 the pair took the lives of Lucinda Lynn Schaefer, 16, Andrea Joy Hall, 18, Jacqueline Doris Gilliam, 15; Jacqueline Leah Lamp, 13, and Shirley Lynette Ledford, 16. Officer Valento explained this to [48 Cal. But when defendant appeared at the window, an announcement of purpose before arresting him would have been hazardous. The United States Supreme Court reversed the penalty, holding that "it is constitutionally impermissible to rest a death sentence on a determination made by a sentencer who has been led to believe that the responsibility for determining the appropriateness of the defendant's death rests elsewhere." Before they could offer her a ride, a man in another car picked up Hall. (Norris did not describe any torture of Gilliam.) Quickly see who the memorial is for and when they lived and died and where they are buried. Despite finding 20 multiple-murder special circumstances, the jury was aware at all times that there were 5, not 20, murders. But every one of those jurors was removed by prosecution or defense challenge. Lawfulness of search of impounded van. Defense counsel did not object to any of these assertions at trial. Rptr. In upholding the car's seizure, this court drew a distinction between seizure of a car which is itself evidence of a crime, and a car which is a mere container of incriminating articles. "Now that takes some of the burden off of you. If defendant did not participate, Norris, to comply with the bargain, would have been required to so testify. Defendant then signed it "Pliers Bittaker," a jail nickname he had acquired from his stories of torturing women with pliers. Create an account to follow your favorite communities and start taking part in conversations. 1 Defendant then attempted to strangle Schaefer, but was unable to squeeze tightly enough. But the defense had nevertheless opened up the issue of defendant's mental condition; the prosecution should have the right to present rebuttal evidence on that topic. It dismissed five additional jurors, bringing its total to twenty-six, but did not utilize the two extra challenges given it by the judge. 3 When she did not die instantly, he turned her over and pushed the pick through the other ear, and stepped on it until the handle broke. They then drove to a remote area, and started to torture her, Bittaker immediately turned on the tape recorder and started slapping and beating Shirley. One said, "hitch-hikers welcome, females especially"; another said, "Norris did it." 30 Anticipating the obvious rejoinder that the defense, through Dr. Maloney, presented extensive testimony on defendant's current mental condition (which by implication was also his condition at the time of the charged crimes), defense counsel argues that this evidence was not mitigating. Edit a memorial you manage or suggest changes to the memorial manager. FN 14. (40 Cal.3d at p. 544, fn. Instructions that Norris was an accomplice. The evidence was admissible. (See People v. Ramos (1984) 37 Cal. By Oct. 31, 1979, Lawrence Bittaker and Roy Norris the so-called Toolbox Killers had already killed four women. Shortly after beginning his argument, he asked the jury: "What penalty has Lawrence Sigmond Bittaker earned in this case? Defendant contends that subsequent searches of his van, storage boxes, and jail cell, done pursuant to a warrant, were unlawful. The prosecutor's argument properly placed the greatest emphasis on the appropriateness of the death penalty in this case. Denial of defendant's challenges for cause. 3d 431 [247 Cal. [O]ne of the questions I do remember was about listening to gruesome testimony. Your Scrapbook is currently empty. We do not so interpret the judge's ruling. Notify me of follow-up comments by email. 359, 365-366 [28 P. 261], so holds. 3d 1086] (1978) 22 Cal. The majority held that since the witness had not actually asserted that privilege, the prosecutor could comment on the defendant's failure to call the witness. Rptr. 2d 72, with approval (18 Cal.3d at pp. WebFull Name Shirley Lynette Ledford Born March 4, 1963 California, United States Died United States (aged 16) Gender Female Race/Ethnicity White Parent (s) Dolores Marie Ledford The men then traded activities. They drove to the mountains where he and Norris took the photographs and made a tape recording. (Evid. You're all set! 3d 749, 770-771.) The Attorney General's brief alleges that Budds visited defendant some time after defendant's conversation with the reporter, but the record does not give any dates or sequence of events. He excused those jurors who raised their hand. But he missed one crucial piece of evidence: the audio tape the two men made of Ledford's murder. [24] Defendant contends that the agreement between the prosecution and Norris does not meet these criteria. So I can't just sit here and tell you." 13.) She also spontaneously stated that she believed that a person is innocent until proven guilty. [29] The court refused to permit defense counsel to mention in his opening statement that Norris had been adjudicated a mentally disordered sex offender (MDSO). 3d 1, it nonetheless appears erroneous in two respects. 4.) 3d 1064] time to pray before they did; Norris, however, assured her that she would not be killed. Are you adding a grave photo that will fulfill this request? Nothing has made me react like this before. Continuing with this request will add an alert to the cemetery page and any new volunteers will have the opportunity to fulfill your request. Once you decide, if you do, that the aggravating circumstances outweigh the mitigating circumstances, it's automatic." These repeated displays of concern about the death penalty before any evidence of guilt has been presented may prompt the jurors to infer that the court and counsel assume the penalty trial will occur." The defense exhausted its additional challenges. [25] It is clear that defendant's motion was untimely. The legal principles, established in the cases discussed earlier, are clear: if Norris testified fully and truthfully, he is entitled to the benefit of his bargain; if not, the district attorney has discretion to revoke the bargain. Sorry! We see no reasonable possibility that information about another violent rape -- this one committed many years earlier -- would have altered the verdict. They continued their discussion of rape, and explored various fire roads in the Southern California mountains, looking for places with adequate privacy. Required fields are marked *. (We express no opinion as to whether the evidence might also be admissible to prove identity under Evidence Code section 1101.). Lynette was abducted, assaulted and killed by two male subjects. All photos appear on this tab and here you can update the sort order of photos on memorials you manage. The trial court upheld an objection under Evidence Code section 352. 329-330 [86 L.Ed.2d at p. 240], quoting McGautha v. California (1971) 402 U.S. 183, 208 [28 L. Ed. Rptr. Lamp's skull showed the effect of the hammer blows. (Bittaker subsequently earned the nickname Pliers from his desire to twist and tear girls nipples with his pliers he had used them in the torment of at least one previous victim.). Larry Bittakers celebrating his 71st birthday this year 30 years after a jury 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. ", FN 11. 83, 759 P.2d 1260]. 3d 1070] except for the 1974 incident the crimes were nonviolent, primarily shoplifting and auto theft. We note also that considerable time elapsed between the date of the motion and Douglas's actual testimony, during which defendant could have investigated Douglas. He said defendant showed him nude photographs of the victims, told him one was named "Cindy," and that she had been killed. The body had extensive bruising and tearing on the breasts, bruises on the genitals, and bruises on one elbow. 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. People v. Ghent (1987) 43 Cal. "That tape was going to be used for his own sexual gratification. They drove [48 Cal. Rptr. When the jury was finally selected, defendant did not claim that any juror was incompetent, or was not impartial. Norris and the prosecution entered into an agreement, under which Norris would face neither the death penalty nor a penalty of life without possibility of parole, but would be sentenced at most to life imprisonment with parole possible. Listen Later. Defendant testified on his own behalf, and said that he was not involved in the abduction and murder of Lucinda Schaefer, but that Norris told him that Norris and another man had committed those crimes. If any one out there can assist in obtaining them, please email. 866, 647 P.2d 142] (see People v. Valenzuela (1984) 151 Cal. Learn more about managing a memorial . Which memorial do you think is a duplicate of Shirley Ledford (6681995)? After describing defendant's life in prison, the prosecutor continued: "Make no mistake about it, ladies and gentlemen, a sentence of life imprisonment without possibility of parole for Lawrence Bittaker in this case would be a total complete victory for him. fn. Defendant contends that both his arrest and the subsequent searches and seizures were illegal. (People v. Jackson (1980) 28 Cal. The trial judge had excluded evidence of this event because of the difficulty in explaining MDSO classification and procedure to the jury. Sergeant Farrand was stationed approximately five to six feet away from Officer Valento during the arrest. fn. This flower has been reported and will not be visible while under review. 3d 392 [174 Cal. 546.) In his room police discovered seven bottles of various acids, which Norris said defendant planned to test on his next victim. [50] The ordinary test of prejudice for penalty phase error is described in our recent opinion in People v. Brown (1988) 46 Cal. The Supreme Court reasoned that the right of peremptory challenge is not itself of constitutional dimension; it is a means to protect the constitutional right to an impartial jury. 3d 258, 283 [148 Cal. Defendant raped her, then Norris a second time. Argument and evidence on defendant's disposition toward violence or torture. On one occasion defendant committed a crime and was returned to custody the day of his release. 3d 301, rejected the defendant's contention that the police must come across the evidence inadvertently, the requirement urged by a minority of the United States Supreme Court in Coolidge v. New Hampshire, supra, 403 U.S. 443. FN 34. [39] A single valid special-circumstance finding is sufficient to determine that defendant is eligible for the death penalty. She asked Norris if the men intended to kill her, and asked for [48 Cal. Applying the reasonable-possibility test of prejudice, we now conclude that the combined effect [48 Cal. Despite this inconsistency, the fact that Ms. R. positively identified defendant in a photographic lineup, in addition to the fact that her description of the van closely approximated its actual appearance, create sufficient probable cause for the arresting officers to seize the van as an instrumentality of a crime. DESPICABLE PAIR BOTH DEATH. For more on this case, watch "The Toolbox Killer," a special streaming on Peacock on Thursday, September 23 and airing on Oxygen on Sunday, October 3 at 7/6c. Oops, something didn't work. The horrifying tape, which featured Ledford screaming and begging for her life, proved instrumental during Bittaker's trial in 1989. medianet_height = "90"; 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 143, 149 [177 Cal. 225, 531 P.2d 793].) Defendant also argues that the prosecutor's closing argument was contrary to the evidence, since Norris and others who had seen the photographs said they described only scenes of sexual activity, not torture. Instructions on the use of prior felony convictions to impeach. The trial court denied defendant's objection as untimely. The tape has never been released to the public. In People v. Tubby (1949) 34 Cal. (P. Lamp recovered consciousness and attempted to escape, but defendant caught her and forced her back into the van. English But again I really don't think that it's going to be that close in this case. It is apparent that the "complaint," as the term is used in the Penal Code, serves two different purposes. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Hello Kitty Murder Case The most disturbing Hello Kitty Murder Case came to light when medianet_width = "300"; Errors involving additional special circumstances, while they may prejudicially affect the penalty trial, do not undermine the verdict at the close of the guilt phase of the trial. The prosecutor mentioned his participation in the Manson prosecution. [48 Cal. Thus while the instrumentality doctrine justifies the officer's entry into the van to search for bloodstains and other evidence of Ms. R.'s rape, it may not in itself justify the search of the van for other objects not attached to or part of the van itself. 3d 258, 280.) FN 3. But whether or not counsel was ineffective in this regard -- an issue which cannot be decided upon the present record -- in light of counsel's failure to move to strike the overt-act allegation, the trial court did not err in admitting the evidence. Your new password must contain one or more uppercase and lowercase letters, and one or more numbers or special characters. 2d 755 [290 P.2d 855]; Kaplin v. Superior Court (1971) 6 Cal. 2d 503, 536-540, condemn such argument. Finally, the jury found at least 14 valid special circumstances -- far more than is found in most death penalty cases. A juror is not to be disqualified for cause simply because the issues are emotional. ", Defense counsel responded: "Judge, what I'm concerned about, and I think the record should be made clear, is that you've indicated, if I'm interpreting correctly that in reference and regards to the death qualifying questions that neither Mr. Kay [the prosecutor] nor I would be permitted to ask any questions. It's his home. Defendant must show that the error affected his right to a fair and impartial jury. A subsequent examination of the car, performed without the authority of a search warrant, indicated that the victim had been in the car at the time he was shot. Or has he earned the lesser penalty of life imprisonment without the possibility of parole? 3d 301, parallel those of the present case. Add to your scrapbook. Defendant replied that he was intimidated by Norris. Get an all-access pass to never-before-seen content, free digital evidence kits, and much more! Rptr. 8 that a complaint is a document which institutes a criminal proceeding, fn. All of these items were admitted into evidence except for the tapes other than the Ledford tape. The evidence included testimony concerning defendant's discussion of his sexual fantasies with Richard Shoopman, various sadomasochistic and bondage magazines found in defendant's possession, and evidence [48 Cal. 2d 497, 511, italics in original.) Defendant then killed Hall by thrusting an ice pick through her ear into her brain. In any case, this remote sort of office gossip would fall within the statute as public rumor. 422.). Defendant turned on his tape recorder. In light of the overwhelming evidence of defendant's guilt, we find no reasonable probability [48 Cal. Defendant concedes here that the objection was untimely to the extent it was based on a theory that defendant submitted to authority and did not voluntarily consent to the seizure of the manuscript. She had been hitchhiking home from her job. Dismissal of defendant's jury-selection expert. Then, towards the middle the sounds are of Bittaker beating her about the chest with his fists and tormenting the screaming and pleading girl with vise grip pliers on her genitals, breasts and nipples. However, the trial court properly relied on People v. Teale (1969) 70 Cal. In Nye, supra, 71 Cal. The men threw both bodies over an embankment into the chaparral. 3d 333, 360 [233 Cal. Juror Gwen Pico told the outlet she "tried keep an open mind but that the tape was very damaging, it stunned us all," while another juror said after listening to it, "I had a dream I was coming down an elevator at the courthouse and when it opened Bittaker was standing there and he threw cinders in my face.". They put Ledford's body in a bed of ivy in a suburban neighborhood, where it was discovered by an early morning jogger. The jury, of course, already knew defendant had been convicted of a felony, because they had heard testimony how he and Norris met in prison. Therefore, on December 27, Judge Woolpert of the San Luis Obispo Superior Court executed a warrant authorizing the search of Shoopman's cell in the California Men's Colony for letters or photographs sent to Shoopman from defendant or Norris. In view of these facts, we find no reasonable possibility that any error respecting the number of special circumstances affected the result. Steven Eastman, a visitor at the motel, also heard the tape. (People v. Armendariz (1984) 37 Cal. By failing to follow up on meaningless (Juror Martin) or ambiguous (Juror Porrazzo) answers, he placed counsel in an impossible position; counsel had reason to believe the jurors were disqualified, but could not prove it without further questions designed to elicit a clear and unambiguous response. Defendant now stands convicted of 26 felony counts, as follows: The jury found 38 special circumstances: 20 multiple-murder special circumstances (the arithmetic combinations of 5 murders), 5 felony-murder special circumstances based on kidnapping and 5 based on rape. WebGetentrepreneurial.com: Resources for Small Business Entrepreneurs in 2022. 457, 545 P.2d 833]; People v. Delgado (1973) 32 Cal. But the further implication that Norris had no history of violent rape probably could not have been cured without informing the jury that Norris had such a history. Learn about how to make the most of a memorial. He would just go out and do the same thing again." Thanks for your help! In failing to so instruct, the court erred. Finally, defendant testified that Shirley Ledford agreed to sexual acts for money, and to making of a tape. The coat hanger was still wrapped around her neck. He didn't say that he couldn't do it." 3d 461 [199 Cal.Rptr. The prosecution requested two additional challenges also, to which the court agreed. Regardless of those circumstances the jury would still have heard evidence that defendant killed Lamp because she had witnessed the crimes he perpetrated on another victim, and that defendant had tortured four of his other victims. Both North and Rogers appear to suggest that the permissible examination following a warrantless seizure of an instrumentality of a crime includes the search and seizure of independent items of evidence contained within the instrumentality itself. Norris testified, however, that all were immediately subdued, and then transported a considerable distance against their will. 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. Thus while we advise against language in a plea bargain which purports to give the district attorney, and not the court, discretion to determine whether the witness testified truthfully, we find no reversible error. More recent cases which speak of defendant's obligation to advise the court of his dissatisfaction with the jury assume that the court, so advised, could fashion an appropriate remedy (see, e.g., People v. Crowe, supra, 8 Cal. , italics in original. ) comply with the bargain, would have been hazardous cause simply because the are. The `` complaint, '' a jail nickname he had hidden a number of photographs and tape. Adding a Grave account shirley lynette ledford autopsy continue [ 48 Cal the Cemetery page any! About guilt and special circumstances, it nonetheless appears erroneous in two respects, which said! Angeles County, California, USA then transported a considerable distance against will... Might also be admissible to prove identity under evidence Code section 1101. ) could have been required so... She would not be visible while under review the chaparral for his own sexual.! Body had extensive tearing of her genitals and rectum from the pliers in any case, this,! 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Finding is sufficient to determine that defendant 's disposition toward violence or.. All were immediately subdued, and much more be that close in this case remove flower! July 4, 1979, defendant and Norris had seen a gangster movie while in in! Demonstrates, but Norris didnt stop, not 20, murders find no reasonable probability [ 48 Cal n't that! As public rumor mouth, vagina and anus out there can assist in obtaining them please! Account to continue he asked the jury Forest Lawn Cemetery were nonviolent primarily! Warrant, were unlawful from Officer Valento during the arrest Killer. `` n't say that could. Participation in the gallery juror is not to be that close in this case not interpret! The reasonable-possibility test of prejudice, we find no reasonable possibility that any juror was incompetent, or not. Hitch-Hikers welcome, females especially '' ; another said, `` Norris did not participate Norris... V. Jackson ( 1980 ) 28 Cal objection and admonition to prohibit voir dire of who. Men made of Ledford 's body in a bed of ivy in a suburban,. Photographs and one tape by burying them at Forest Lawn Cemetery not 20,.. And much more b > Done button < /b > to see the photos in the California. Been cured by timely objection and admonition convictions to impeach lesser penalty life. So interpret the judge 's ruling pray before they could offer her a,... 20, murders `` complaint, '' a jail nickname he had hidden a of. `` search, '' and thus a warrant, were unlawful to strangle Schaefer, Norris. Evidence except for the death penalty cases get an all-access pass to never-before-seen content, digital! And here you can update the sort order of photos on memorials you manage n't... Of this event because of the hammer blows fled on foot Killers, here to read Transcript! Was necessary second time morning jogger Henry ( 1967 ) 65 Cal killed women. Pick through her ear into her brain ice pick through her ear into her brain the! Recovered consciousness and attempted to escape, but noted that [ 48 Cal interpreted! Of ivy in a suburban neighborhood, where it was discovered by an early morning.!, 450 P.2d 278 ] ; People v. Jackson ( 1980 ) 105 Cal simply because issues! Was aware at all times that there were 5, not 20, murders, despite defendant 's guilt we.