maxine zazzara house address

] (Ibid.) The trial court's finding are generally binding if the prospective juror's responses are equivocal or conflicting [Citations. ] (Ibid. I mean, quite frankly, gentlemen, Mr. Ramirez has been in restraints the entire period of jury selection [] One or the other at this point, and if you want a hearing as to whether or not we ought to have any restraints at all, I will be happy to give that to you on a Friday sometime and we'll thrash it out. Defendant chose to keep the leg chains because the leg brace was too uncomfortable. Defendant did not request a hearing concerning whether restraints of any type were justified. Defendant's objection to the 1987-1988 master list was rendered moot, because that list was not used to summon the jurors in the present case. He brought her son from the closet and handcuffed them together to the bed. 128, 616 P.2d 1301.10 In response to questioning by the court, Prospective Juror Robert D. stated that he would not automatically vote to impose the death penalty and, instead, would consider all of the evidence before making a decision. She had a large, extremely lethal, wound in her neck. Vincent Zazzara She was previously married to Defendant's father, Julian Tapia, testified that defendant was with him in El Paso, Texas, from May 22 or 23, 1985, until May 31, 1985, which included the period during which Mabel Bell was attacked, her sister, Florence L., was murdered and Carol K. was attacked. WebPhysical Address: Oakhill Correctional Institution 5212 County Hwy. She had injuries on her body caused by burns. 191, 800 P.2d 547, retained private counsel, but his first trial ended in a mistrial and he became indigent prior to the retrial. On appeal, defendant argues that the charges could have been easily severed, for example, into four separate groups involving the following groups of victims: (1) Petersen, Whitney B., Sophie D., and Carol K.; (2) Elyas A., Okazaki, Yu, and Kneiding; (3) Zazzara, Chainarong K., Bell, Cannon, and Nelson; and (4) Vincow. Can you imagine the people caught me, not the police. Defendant laughed and then added: You think I'm crazy, but you don't know Satan. He hummed the song Night Prowler by the rock group AC/DC. As explained above, we discern no error when defendant's contentions are considered individually, and therefore find no cumulative error. 2531, 159 L.Ed.2d 403, alter this conclusion (People v. Cornwell (2005) 37 Cal.4th 50, 103, 104, 33 Cal.Rptr.3d 1, 117 P.3d 622.). L[.] [Citation. [M]ore is required to raise a doubt [as to a defendant's competence] than mere bizarre actions [citation] or bizarre statements [citation] or statements of defense counsel that defendant is incapable of cooperating in his defense [citation] or psychiatric testimony that defendant is immature, dangerous, psychopathic, or homicidal or such diagnosis with little reference to defendant's ability to assist in his own defense [citation]. (People v. Laudermilk (1967) 67 Cal.2d 272, 285, 61 Cal.Rptr. The trial court gave one of the proposed instructions, refused five of them, and defendant withdrew the remaining four. Both Messrs. Hernandez, I have some question because last time when you left the courtroom, you made some comment about going to see your client, the client obviously being the family. (189. Weeks's opinion, there was an absolute disparity of 12.3 percentage points between the 14 percent of persons who appeared for jury service in the Central Judicial District and identified themselves as Hispanic and the 26.3 percent of the population of the Central Judicial District who were Hispanics who were eligible for jury service. For example, defendant argued that the Zazzara and Chainarong K. charges should be tried separately from the Bell, Doi, Cannon, Whitney B., Nelson, and Kneiding charges, but these groups of charges were linked by evidence that the same Avia shoe prints found at the scene of the Zazzara and Chainarong K. crime scenes also were found at the scenes of the Bell, Doi, Cannon, Whitney B., and Nelson crimes. Defendant claims that the trial court erred in failing to order a competency hearing during the penalty phase based upon additional instances of appellant's bizarre behavior during guilt trial deliberations and on the occasion the jury returned its verdicts. Defendant relies upon his threats to disrupt and actual disruptions of trial proceedings, which caused the trial court to permit defendant to absent himself from the trial and listen to the proceedings in a holding cell. Her throat had been slashed almost from ear to ear. It appeared she may have been sexually assaulted. 204.) too much, made some remarks to the jury in general and was looking at him in particular as I was making these remarks with regards to paying attention but he even during argument occasionally would again bounce his head up and down quickly as if rudely awakening himself or something of that nature. A woman parking her car in her apartment house's garage was shot, but not killed. 1417, 10 L.Ed.2d 663, defendant argues that the trial court's denial of his motion for change of venue deprived him of his rights to a jury trial under the Sixth Amendment to the federal Constitution and to due process of law under the Fifth and Fourteenth Amendments. A defendant is mentally incompetent for purposes of this chapter if, as a result of mental disorder or developmental disability, the defendant is unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner. (1367, subd. She asked who he was and demanded that he leave. They never were able to find the shoes after that. Maxine Zazzara was born on 15 May 1940 in Arkansas, USA. Defendant later asked the court to question the jurors regarding the effect of the juror's death, but the court was asked to rule on this request more than two weeks after the jury had resumed deliberations. She was previously married to Vincent Zazzara. Defendant handcuffed her, took several items of jewelry and some money, and then raped and sodomized her. (People v. Panah, supra, 35 Cal.4th 395, 449, 25 Cal.Rptr.3d 672, 107 P.3d 790; People v. Coffman and Marlow (2004) 34 Cal.4th 1, 46, 17 Cal.Rptr.3d 710, 96 P.3d 30.) ), Defendant did not request an instruction admonishing the jury not to double-count the special circumstances, and we repeatedly have held that the trial court has no duty to so instruct the jury sua sponte. Defendant argues that his jury was not drawn from a fair cross-section of the population in violation of former Code of Civil Procedure sections 197 and 203, article I, section 16 of the California Constitution, and the Sixth Amendment to the federal Constitution. Manuel Delatorre pursued and struck defendant on the head a second time, causing defendant to fall. The court then admitted into evidence the two coroner's photographs, stating: I think they are necessary, to identify the victim, and to indicate the wound The body [has] been cleaned up and the great masses of blood have been eliminated, and they are not pretty, either one of them, but I think they are necessary for the purposes of this trial.. Feinstein gave up the caliber of gun, the type of shoe, and the fact that he left foot prints. She had multiple skull fractures, which could have been caused by a tire iron that had been left by her bed. And also there will be a coroner's photograph of Mrs. Zazzara. The victim repeated her identification of defendant at trial. In his reply brief, defendant withdrew this contention. Other factors, particularly the degree of rigor mortis, indicated the victim had been dead for anywhere from six to eight hours, up to as long as 72 hours. Jack Vincow had seen his mother alive approximately 24 hours earlier, however, when he had visited her the previous afternoon. It is beyond question, therefore, that there is evidence in the record which, if believed by the jury, supports the inference that defendant's refusal indicates a consciousness of guilt. After some discussion about whether both photographs depicted the same wound, at the court's suggestion, the prosecutor withdrew one of the photographs and the court admitted into evidence the other photograph. The prosecutor responded that the photographs were not unduly gruesome and were relevant to show that the body had been covered by a blanket (which affected the determination of the time of death), the nature and extent of her injuries, and the position of her clothing, which suggested a sexual assault. Inside, she found her roommate, Okazaki, lying dead on the kitchen floor. (People v. Gray, supra, 37 Cal.4th 168, 237, 33 Cal.Rptr.3d 451, 118 P.3d 496.). ] (People v. Hayes, supra, 21 Cal.4th at p. 1281, 91 Cal.Rptr.2d 211, 989 P.2d 645.). U. S. 503, 781 P.2d 537): Inasmuch as the basis for the decision of the Court of Appeal has been eliminated, no purpose is served by an extended discussion of the propriety of using the 20-mile-radius community in determining the population for cross-section analysis. (Id. He continued to beat her, forcing her to swear upon Satan that she would not scream. That determination must be based solely upon the evidence presented to you., Although we could construe as an objection to the use of physical restraints defense counsel's passing comment that I think my client's position is that he should have neither a leg brace or leg chains, defendant failed to preserve this issue for review because, despite the court's invitation to resolve the issue at a later hearing, he did not request such a hearing or otherwise press for a ruling on the necessity for physical restraints. 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. Florence L. later regained consciousness, but police were unable to communicate with her. 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. [Citation. WebBorn In: Plainfield, New Jersey, United States 19 2 Musicians #1201 Quick Facts Died At Age: 51 Family: Spouse/Ex-: Nenette Zazzara father: Harry mother: Mary Evans siblings: Harry Evans (Harold) Born Country: United States American Men New Jersey Musicians Died on: September 15, 1980 place of death: Fort Lee, New Jersey, United States An abuse of discretion may be found when the trial court's ruling falls outside the bounds of reason. [Citation. ] (People v. Williams (2001) 25 Cal.4th 441, 447-448, 106 Cal.Rptr.2d 295, 21 P.3d 1209, fn. 3. Defendant contends that trial counsel withdrew the requested instruction only in response to the court's request, adding that trial counsel obeyed the court and withdrew the instruction. But the court did not order trial counsel to withdraw the request, it merely asked him to do so after explaining why the court concluded the proposed instruction was improper. He was provided and he did visit me yesterday, but I refused to see him., The court further questioned defendant regarding the possibility of a conflict between him and his counsel, and defendant stated he understood but felt there would be no conflict. The Court: Did you understand each item in that contract? Defendant handcuffed the victim to the bed and fled. (People v. Smith (2003) 30 Cal.4th 581, 641, 134 Cal.Rptr.2d 1, 68 P.3d 302; People v. Marshall (1990) 50 Cal.3d 907, 269 Cal.Rptr. 702-705, 139 P.3d at pp. Arturo Hernandez: It covers through the trial, your Honor, and any post-trial remedies that my client may have. 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. In that case, the trial court modified the standard jury instruction regarding consciousness of guilt to read, in part: Now, evidence, if there was any in this case, that the defense attempted to suppress any evidence could show a consciousness of guilt. As the four-part test is stated in the conjunctive, joinder may be appropriate even though the evidence is not cross-admissible (People v. Ochoa (2001) 26 Cal.4th 398, 423, 110 Cal.Rptr.2d 324, 28 P.3d 78.). 2557, 2561, 165 L.Ed.2d 409.) Frank Moreno and Carmelo Robles responded and chased defendant down an alley. The very act of questioning deliberating jurors about the content of their deliberations could affect those deliberations. (Id. 6. 6, 20 Cal.Rptr.2d 638, 853 P.2d 1093. The court stated: Her death is tragic and I think we all grieve for her, but what happened to her does not add or diminish anything to the evidence as to whether or not Mr. Ramirez is guilty or innocent of these charges. It wasnt until Ramirez left a pentagram, written with lipstick on the wall and on the leg of a victim, that investigators drew the connection to Satanic worship. But defendant forfeited this issue by failing to object to the trial court's selection of the relevant community. Defendant left and ran toward the street. Our decision in Hannon does not assist defendant. We review for abuse of discretion the trial court's determination to discharge a juror and order an alternate to serve. 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. Because the statutory requirements for joinder were met, defendant can establish error only on a clear showing of prejudice. On July 25, 1989, during the closing arguments of counsel, one of the jurors sent the court a note that read as follows: As a seated juror in this case, I must state my concern regarding juror #3, Mr. Garden of Commemoration, Sec. The court denied the prosecutor's request to stay the determinate sentence pending execution of the death sentence, but ordered that the determinate sentence be served after the death sentence was imposed. L[. [Citation. Later he gouged out Maxine's eyes and took them with him. We have no question in our mind at this point that there is a conflict in this case; however, we realize the concerns of the court. [Citation. 503, 781 P.2d 537, fn. 9. Again I'm not trying to jump in and tell you guys how to run your ship. People v. Smithey (1999) 20 Cal.4th 936, 1004, 86 Cal.Rptr.2d 243, 978 P.2d 1171 [mental age a mitigating factor].) Gallegos identified defendant at trial. While in jail awaiting trial, defendant used his blood to draw a pentagram on the floor and write the number 666. This exchange then continued as follows: The Court: You understand because your attorneys have a contract with you and with your family, those two contracts may at some point be in conflict; the contract with the family may present a conflict at some point with the contract with you? One stated: The weight to be given to the factors in aggravation and mitigation is a matter for each juror to determine. In view of the above facts, the court is ordering that both attorneys make full disclosure to Mr. Ramirez of any facts which might bear on their ability to effectively represent him in this case After this disclosure, if there are any made, the court will, if Mr. Ramirez desires, offer him independent assistance to check any information disclosed to him. Because the record establishes a manifest need for some form of physical restraint, defendant cannot complain that a less visible form of restraint, such as a leg brace, should have been used rather than leg shackles. Since this time they have come back and they have, in my opinion, based on my observations, resumed their usual demeanor and apparent cheerfulness and ability to get about their business, and I think that is important to remember This court has had nothing that would put it on notice, either by the jury or by its own observations, that would indicate that this jury is not able to continue on with its deliberations. More on that below. Although the murder of a fellow juror is shocking, defendant's attempt to equate that event with the death of a family member, especially a parent, is unavailing. ), It is clear that the challenged photographs were relevant. And we declined to hold in Beeler that even the death of a juror's parent is so debilitating that the juror is presumptively unable to deliberate. (People v. Beeler, supra, 9 Cal.4th at p. 990, 39 Cal.Rptr.2d 607, 891 P.2d 153.). That person was apprehended and questioned, but then released. She had multiple bruises, lacerations and contusions on her face. [Defense Counsel]: You know that Mr. Hernandez [codefense counsel] has been in El Paso talking to friends and relatives about testifying on your behalf? Richard Ramirez, known as The Night Stalker, is one of the most prolific and vicious serial killers to have terrorized the streets of Los Angeles in the 80s. Although the prospective juror in the present case described himself as a strong supporter of the death penalty, he assured the court multiple times that he would not automatically vote for the death penalty and would, instead, reach a decision based upon all of the evidence. In any event, it is not required that all of the evidence be cross-admissible: Cross-admissibility of evidence is sufficient but not necessary to deny severance. 80.) Periodically, he punched her in the back. At the police station, defendant spontaneously confessed: I want the electric chair. You maggots made me sick. I don't believe in the hypocritical moralistic dogma of this so-called society and need not look beyond this room to see all the liars, the haters, the killers, the crooks, the paranoid cowards, truly the trematodes[12 ] of the earth, each one in his own legal profession. One of the only trails investigators had was a shoe print he left in a flower bed in one of his earlier murders. [T]he refusal of a defendant to provide an exemplar in violation of a court order is admissible evidence of the defendant's consciousness of guilt. [Citations. Bruno Polo managed two pizzerias owned by Vincent Zazzara. (People v. Coleman, supra, 46 Cal.3d 749, 776, 251 Cal.Rptr. The foreperson replied, I feel that we can probably continue today, adding that [e]veryone appears to have put it behind them. The court stated that it was reasonably satisfied that the jurors are able to proceed with their deliberations and that upon further admonishment I propose that that is exactly what we do. Defendant objected. Defendant was an amateur burglar. The house had been ransacked. Defendant admits, however, that [c]ounsel's failure to present mitigating evidence on appellant's behalf was not explained on the record. Defendant offers no support for his assertion that the likely cause of his attorneys' decision not to present further evidence at the penalty phase was a conflict of interest caused by his family, and we decline to speculate. In any event, the trial court did not err in refusing to excuse for cause Prospective Juror Robert D. A prospective juror must be excused if his views on the death penalty would prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath. (People v. Griffin (2004) 33 Cal.4th 536, 558, 15 Cal.Rptr.3d 743, 93 P.3d 344, quoting Wainwright v. Witt (1985) 469 U.S. 412, 424, 105 S.Ct. To persuade him to talk, they put him in the same cell as The Hillside Strangler, and he got excited. Mr. [] [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. Citing our decision in People v. Price (1991) 1 Cal.4th 324, 3 Cal.Rptr.2d 106, 821 P.2d 610, defendant asserts that [w]hen a greater sentence is imposed upon a defendant, the lesser sentence must be stayed pursuant to the bar against multiple punishment under section 654. This is an overstatement. (b).) (SPOILER ALERT: Do not read on if you dont want to know what happens in Night Stalker: Searching for a Serial Killer.). We disagree. After finding prints on a stolen car and releasing a mugshot to the public, Ramirez was apprehended after he was subdued by a group of residents and was beaten before cops could step in. omitted.). On June 7, 1988, during a readiness conference, Raymond Arce testified that a new master list had been compiled to be used in the upcoming 1988-1989 fiscal year and that duplicate names on the registrar of voters list and the DMV list were determined by comparing both the name and the date of birth, which resulted in a master list that was ten percentage points higher in the Hispanic representation. The percentage of Hispanics on the new master list was 28.4 percent. maxine zazzara house The court admitted a photograph of the victim's face, which had a small wound on one cheek and two black eyes, noting that the court did not see anything ghastly about it or inflammatory. The two remaining photographs depicted head wounds. The remaining names on the DMV list and all of the names on the registrar of voters list are combined to form the master list. Defendant expressly does not raise an assignment of error as to counsel's conflicts of interest with respect to the retainer agreements, preferring to raise this issue in a subsequent petition for writ of habeas corpus. This appeal is automatic. omitted.) I think this is just-. Investigators put two officers in the dentists office to be ready. This fact shall have no bearing upon your determination of the defendant's guilt or innocence. I am beyond good and evil. Trematodes are parasitic worms, found in the bodies of various animals, having a flattish or cylindrical form, with skin often perforated by pores, and usually furnished with adhesive suckers. (18 Oxford English Dict. Defendant's palm print was found on the sink. Build Your House at Kettle Creek North in Verona Wisconsin March 25, 2023 the vscode server failed to start the vscode server failed to start WebCurrent address for Maxine is 10234 Strong Av, Whittier, CA 90601-2035. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Okazaki's roommate, Maria Hernandez, was shown a photographic lineup that did not include defendant's photograph, and she said one of the photographs resembled her attacker. 885, 564 P.2d 1203, defendant argues that the trial court erred in failing to determine that the inference of consciousness of guilt was supported by sufficient evidence. Defendant fails to explain how either of these cases has any relevance to the present case. To the contrary, we noted that, on remand, the superior court might appoint them as counsel. We have seen him on almost a daily basis. They struggled as the car moved and struck a chimney. Later, in an interview from jail, he posed the question of whether serial killers are born or bred. We described the right of a criminal defendant to counsel and to present a defense as among the most sacred and sensitive of our constitutional rights and cautioned that the state should keep to a necessary minimum its interference with the individual's desire to defend himself in whatever manner he deems best. (Id. [Citations.] Defendant made Carol K. and her son lie on the floor and covered them with a sheet. Ft. single family home built in 1955 that was last sold on 10/31/1996. Failure to Narrow Class of Death-eligible Defendants, Defendant contends that the death penalty statute applicable in this case failed to meaningfully narrow the class of defendants eligible for the death penalty, in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments to the federal Constitution. On direct appeal, defendant is restricted to claims bear[ing] on the validity of the death sentence itself. [Citation.] The defense did not contest that defendant was a burglar. For the reasons that follow, the judgment is affirmed. The court carefully reviewed each photograph and, on one occasion, prevailed upon the prosecutor to withdraw a photograph that was particularly graphic and, on another occasion, to withdraw a photograph that was cumulative. But I have not said he is guilty or innocent.. We agree. April 14, 1985: Ramirez slipped into the Monterey Park home of Bill Doi and his disabled

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