Between 3:00 and 4:30 a.m. that morning, Launie Dempster, the newspaper deliverer, had seen defendant walking to his car, which was parked next door to Nelson's house in Monterey Park. [] So the point I am trying to make to you is this: you may file and lodge all of the cassettes you wish, all those that you have, but I don't think that in my discretion that it is a judicious use of my time to sit there and watch them all. A restraining device similar to handcuffs that attach to the subject's thumbs. On the carpet and on a tissue, police found shoe prints from an Avia athletic shoe. Later, in an interview from jail, he posed the question of whether serial killers are born or bred. 191, 800 P.2d 547.) The trial court did not err in failing to admit all of the evidence submitted by defendant in support of his motion for change of venue. Defendant asserts that the trial court erred in instructing the jury that it could consider whether defendant's refusal to remove his sunglasses as ordered by the court so that a witness could identify him showed a consciousness of guilt. Before dawn on the morning of August 8, 1985, Sakina A. was awakened by the sound of defendant shooting her husband, Elyas, in the head as he lay next to her, asleep. When there was no reply, he entered the house through the unlocked door and found Bell and Florence L. Florence L. was lying on her bed in one bedroom. Counsel in Ortiz, Daniel Hernandez and Arturo Hernandez, are the same attorneys who represented defendant in this case. 188, 450 P.2d 580, such intent cannot support a finding of felony-murder. Arthur Davidson, Asst. Defendant contends the trial court erred in failing to instruct the jury that it must determine the proper penalty beyond a reasonable doubt. Defendant left and ran toward the street. The court instructed the jury that [t]he weighing of aggravating and mitigating circumstances does not mean a mere mechanical counting of factors on each side of an imaginary scale, or the arbitrary assignment of weights to any of them. In denying counsel's request to speak to the court outside the presence of the prosecutor, the court stated: If counsel is of the opinion that the court ought to be persuaded by what you might say or what I have seen thus far that inquiry should be made pursuant to section 1368, that you got to do in open court. The email address cannot be subscribed. The trial court correctly recognized that the defendant has the right to retained counsel of his choice. (Ante, at p. 696, 139 P.3d at p. And both of these groups of charges were linked to the Sophie D. and Carol K. charges-which defendant asserted in the trial court should be tried separately-because defendant sold to Felipe Solano property stolen during crimes included in each of these groups. Garden of The court's exercise of that discretion will not be disturbed on appeal unless the probative value of the photographs clearly is outweighed by their prejudicial effect. One woman had her eyes gouged out, she added, referring to the March 27, 1985, slaying of Maxine Zazzara, 44, who was found stabbed to death along with her I also have seen him not quite as attentive as a result of his dozing off. In response to the court's question, Daniel Hernandez confirmed that he had done extensive work interviewing potential witnesses in El Paso, and had located witnesses who are willing to come forth, but explained that the defense had decided not to present these witnesses. He placed the receipts in the mail slot, as was his usual practice, and left. Read original story Night Stalker': 10 Most Terrifying Details About Satanic Serial Killer Richard Ramirez At TheWrap, 'Night Stalker': How Dianne Feinstein Jeopardized the Search for Serial Killer Richard Ramirez, 'American Horror Story: 1984' Star Zach Villa on What the Night Stalker Wants With Brooke (Video), Murder Charges Dropped Against Curtis Flowers, Subject of True Crime Podcast 'In the Dark', Night Stalker': 10 Most Terrifying Details About Satanic Serial Killer Richard Ramirez, Viewers veto judges' votes on dj vu-inducing top 12 'American Idol' episode, Ashley Judd reflects on mom Naomi's 'irreplaceable loss' a year after the country star's death, Michael J.
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