18. Defendant and Norris picked them up in defendant's van. Defendant also claims other portions of the prosecutor's argument were misconduct: 1. (People v. Armendariz (1984) 37 Cal. Rptr. WebShirley Lynette Ledford passed awayon 1 Nov 1979in Sunland, Los Angeles County, California, USA. The trial court upheld an objection under Evidence Code section 352. fn. Failed to report flower. 3. [48 Cal. Defendant had mailed the photograph in evidence to Richard Shoopman, an inmate friend. 3d 539 [128 [48 Cal. We therefore find no error in the ruling. [46] The prosecutor properly argued that the death penalty was appropriate for each of the murders. Defendant "stated that in submission to authority only he would let him see it and for the limited purpose of correcting it and that it not be disclosed to anyone or used by anyone for any purpose." (b) Tapes, photographs, and other physical evidence. [48 Cal. But the officers, having seized defendant at the window, could not release him without giving him a chance to grab a weapon and resist entry. 3d 1 [139 Cal. But if he can [48 Cal. ", FN 10. Brown stated specifically that "to return a death judgment, the jury must be persuaded that the [aggravating factors are] so substantial in comparison with the [mitigating factors] that it warrants death instead of life without parole." The body had extensive bruising and tearing on the breasts, bruises on the genitals, and bruises on one elbow. (59 Cal.2d at p. ), FN 12. Norris testified against Bittaker after pleading guilty to all charges in exchange for prosecutors not seeking the death penalty against him. Norris said the look of shock and fear on the victim's face particularly aroused him. 3d 572, 584 [189 Cal. The defense contended that Norris, not defendant, was responsible for the murders. 3d 242, 250 [108 Cal. 3d 255, 264 [221 Cal. (Cf. 3d 539. It is our position, of course that a capital case is so unique that asking four general questions often is not adequate to really ascertain the thinking process of a particular juror, particularly in view of the fact that the questions which are based on Witherspoon sometimes create problems for an individual to comprehend. 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. App. 17.) Ledford was their final victim. 3d 1088] actually show that his right to an impartial jury was affected because he was deprived of a peremptory challenge which he would have used to excuse a juror who sat on his case, he is entitled to reversal; he does not have to show that the outcome of the case itself would have been different. 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. He then strangled Hall until she died and threw the body over an embankment into some bushes. Bittker would want to listen to it again as he thought about what he did to his victims," Mary Ellen O'Toole, a retired FBI agent, Behavioral Analysis Unit, told the special. This flower has been reported and will not be visible while under review. 3d 1082] It formulated four specific questions, which were put to all jurors, and refused to permit further questions from counsel. The court's ruling was apparently based on those grounds. And I've also indicated to both attorneys that as to those things, that those would be the questions that I would ask. Within 5 minutes of Shirley Lynette entering the van Bittaker drove the van to the silent place, then Shirley was thrown to the back side of the van. 771. 14 Any delay would have allowed him to duck back inside the room and resist entry. 3d 1, it nonetheless appears erroneous in two respects. Try again. When answers were ambiguous, the judge sometimes asked further questions, but did not permit counsel to ask questions on this subject. But when the context does not suggest appellate correction of an erroneous death verdict, the danger that a jury will feel a lesser sense of responsibility for its verdict is minimal. In adopting this standard to measure reversible error, we follow our recent decision in People v. Coleman (1988) 46 Cal. Rptr. The evidence was admissible. Warning Sensitive Content: Click here to read the Transcript of Shirley Lynette Ledford audio recording. 399].) This argument is inconsistent with our opinion in People v. Allen (1986) 42 Cal. 3d 431 [247 Cal. 1 Follower 409, 439 P.2d 321]; People v. Blair (1975) 51 Cal. During voir dire, Kuriki stated that she did not think that she could be fair, because she would get emotionally involved. 3d 263 [127 Cal. The prosecutor mentioned his participation in the Manson prosecution. 3d 162, and the CALJIC instruction which was based on Wiley, and instructed in the language of People v. Steger, supra, 16 Cal. 3d 1072] admittance. We reviewed a study by Dr. Craig Haney which indicated that jurors who had been through a death-qualifying process were more likely to believe the defendant guilty and to favor the death penalty, and noted his conclusion that "'[t]he more extensive the questioning, the more you would expect to find important differences between the state of mind of jurors who have been through the one process [death-qualification] as compared with those who have been though the other [voir dire without death qualification].'" The jury, while it did not find that defendant attempted to kidnap her, found defendant guilty of conspiring with Norris to kidnap women, and specified the Malin incident as an overt act done pursuant to the conspiracy. It does not appear that Gage formed any actual opinion based on the office conversation, but simply felt bad for the mother. https://www.findagrave.com/memorial/6681995/shirley-lynette-ledford. 2d 216, 222 [13 Cal. 3d 461 [199 Cal.Rptr. The prosecutor referred to this event in his penalty phase argument. Rptr. He started to say "that's the type of question that you " but the judge interrupted and sustained the objection. 123]) because here the sole ground asserted by the People to justify the warrantless search of defendant's motel room was consent. 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. (People v. Harris, supra, 36 Cal. 3d 526 [179 Cal. On cross-examination defendant admitted that he had hidden a number of photographs and one tape by burying them at Forest Lawn Cemetery. 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 Shortly after beginning his argument, he asked the jury: "What penalty has Lawrence Sigmond Bittaker earned in this case? When Norris finished torturing Ledford, defendant told him to kill her. (18 Cal.3d at p. 173, fn. 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. 2d 497 [75 Cal. The book itself was not put into evidence. 82]; People v. Richardson (1960) 182 Cal. For the same reason, we cannot determine whether it is reasonably probable that a result more favorable to defendant would have resulted from a timely objection. Shirley Lynette Ledford celebrated her last birthday 32 years ago when she was 16. (Jackson, supra, at pp. 3d 1100] that, absent the error in question, the jury would have reached a different result. On cross-examination, defendant acknowledged that he had begun writing a book, and had shown drafts to a newspaper reporter and a guard. The final victim was Shirley Lynette Ledford, who was taken on Halloween 1979. He testified that he and Norris picked up Andrea Hall when she was hitchhiking, and offered her $200 for sex and photographs, to which she agreed. If you conclude that the aggravating circumstances outweigh the mitigating circumstances, you shall impose a sentence of death. Defendant objects to testimony concerning his attempt to abduct Jan Malin because he was not charged in this proceeding with any crime against Malin. The prosecutor's comment, however, is clearly improper for another reason. Explorer Hitta liknande podcasts. The fourth question 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 the special circumstances herein alleged to be true, that you would automatically find the penalty to be death?" The trial court cannot on this record be said to have acted improperly in denying the challenge for cause. 3d 815, 832), and the grant of additional peremptory challenges would seem to be such a remedy. Where do you think he's been for 18 of the last 22 years? ", This court has held that sections 844 and 1531 are "identical in principle,"so although section 844 does not expressly require notice of the arresting officer's authority, this type of notice is "an integral part of the rule stated in section 844." Becoming a Find a Grave member is fast, easy and FREE. 2022]), and lacked probable cause for its seizure. All photos uploaded successfully, click on the Done button to see the photos in the gallery. [48 Cal. The trial court acted properly in denying this challenge for cause. After reading a list of the 11 statutory factors under section [48 Cal. Since defendant did not claim that any of the 12 jurors who heard the case were subject to challenge for cause, or were not impartial, his right to an impartial jury was not abridged. 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.'" Instructions that Norris was an accomplice. There is a problem with your email/password. If they do "then you would be duty bound to impose a death verdict." 442], defendant, an attorney, was accused of defrauding a senile client. Norris was required to testify truthfully. Laboratory examination showed sperm in her mouth, vagina and anus. Defendant admitted the assault on Jan Malin, and his description of the incident corresponds to that of Norris and Malin. 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. 638-639.) Try again later. We do not believe that the language concerning the scope of judicial review in this case presents any significant risk of inducing Norris to give false or incomplete testimony. At defendant's request, Lambert drew a picture of a girl on the cell wall. The audio cassette of Lynette Ledfords torture is in the hands of the FBI, and is used to desensitize new agents to the reality of torture and murder. 3d 264, 309-310 [168 Cal. fn. At trial, defendant objected to the seizure of the tape from the van, but not to the subsequent "search" of the tape. Furthermore, the prosecutor's claim that a death verdict is compelled if aggravating considerations outweigh mitigating by the slightest of margins -- an ounce, or one-tenth of one percent -- is directly contrary to People v. Brown, supra, 40 Cal. In North a young girl was abducted at knifepoint by the defendant and forced into his car. WebLedford's body was found by a jogger the following morning. Save to an Ancestry Tree, a virtual cemetery, your clipboard for pasting or Print. based on information from your browser. dont Worry Demons are having fun with him in Gehenna. Rptr. When the jury was finally selected, defendant did not claim that any juror was incompetent, or was not impartial. 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. FN 26. Real-Time Avsnitt som spelas nu. It dismissed five additional jurors, bringing its total to twenty-six, but did not utilize the two extra challenges given it by the judge. Please contact Find a Grave at [emailprotected] if you need help resetting your password. In order to intelligently exercise the right to challenge for cause defendant's counsel must be accorded reasonable opportunity to lay a foundation for the challenge by questioning the prospective jurors on voir dire to learn whether any entertain a fixed opinion of this nature." Defendant then returned to the van. 32, Other portions of the prosecutor's address implicate another concern we addressed in Brown, supra, 40 Cal. You are only allowed to leave one flower per day for any given memorial. [40] The jury found 38 special circumstances. 1, 700 P.2d 782], as a reference to a nonstatutory aggravating factor. 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. Norris strangled the victim with a coat hanger. Defendant was known to carry weapons. 3d 351 [128 Cal. 3d 1063]. 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." ), This error, however, is of little significance. Or life imprisonment without possibility of parole? WebFind a Grave, database and images (https://www.findagrave.com/memorial/6681995/shirley-lynette-ledford: accessed ), memorial page for Shirley Lynette Ledford (4 Mar 19631 3d 1090] fairly and impartially judge and evaluate such a situation?" (People v. Coleman, supra, 46 Cal. (P. Oxygen Insider is your all-access pass to never-before-seen content, free digital evidence kits, and much more. Your new password must contain one or more uppercase and lowercase letters, and one or more numbers or special characters. The prosecutor then asked, "But you're the one that almost killed a person before with a knife. Neither defendant nor Norris was sexually interested in Lamp. Juror Thompson had studied psychology and, on voir dire, said, "I really feel that I would try to be an amateur psychologist, psychiatrist, if I was in this case, in due fairness." I am glad I didnt listen to the actual thing. 902, 450 P.2d 278]; People v. Henry (1967) 65 Cal. Norris strangled her with a wire coat hanger. Robin R. was unable to identify defendant in person, her description of the interior of the van where she was held did not match defendant's van, and the manner of her kidnapping and rape differed from defendant's characteristic mode of operation. (P. 3d 438 [116 Cal. Six or seven uniformed police officers participated in defendant's arrest. Finally, when Juror Staggs, on general voir dire, said that because of her bias against rapists she might go for a "stiffer sentence," defense counsel was not permitted to ask if she would automatically vote for death. Gage's own testimony is conflicting. 3d 1102] and People v. Talamantez (1985) 169 Cal. When defendant was tried in 1981, the court apparently overlooked both Wiley, supra, 18 Cal. Defendant claims his purported consent to the search was vitiated by the allegedly illegal arrest (a contention we have already rejected), that the trial court failed to rule on the voluntariness of his consent, that if defendant did in fact consent to the search, he did not consent to the seizure of evidence, and that the items seized by the police officers failed to meet the "nexus" requirement of Warden v. Hayden (1967) 387 U.S. 294 [18 L. Ed. The tape has never been released to the public. (46 Cal.3d at p. [48 Cal. In defense of the trial court's ruling, the Attorney General relies on People v. Ketchel (1963) 59 Cal. Officer Valento explained this to [48 Cal. The Toolbox Killer Airs Sunday, October 3rd. 3d 1108] 190.3, the prosecutor told the jury: "Now here's the real important paragraph. He took a clothes hanger, and looped it around her neck. [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). Most of the killings involved the rape and torture of the victims. This account has been disabled. (See People v. Redmond (1981) 29 Cal. "For those of you who do not know what hell is like, you will find out," prosecutor Stephen Kay told the jurors, according to a 1981 UPI report. Are you sure that you want to remove this flower? [15] We see no reason why the courts should not recognize those differences, and limit reversals to those cases in which the erroneous ruling affected defendant's right to a fair and impartial jury. ), FN 20. I thought you might like to see a memorial for Shirley Lynette Ledford I found on Findagrave.com. Upon returning two hours later defendant showed Norris eight photographs he had taken. 768.) 2.20.) Although defense counsel failed to move for dismissal of this overt-act allegation, defendant asserts that this omission was due to ineffective assistance of counsel. The judge asked if she would be willing to listen to the evidence and be a fair and impartial juror; she said that "I could try, but I believe it would be difficult. After two hours of torture toward the end of which Lynette was begging them to just kill her. 3d 739, 768; People v. Linden, supra, 52 Cal. Defendant calls our attention to People v. Carmichael (1926) 198 Cal. (Italics added. Sign up for our free summaries and get the latest delivered directly to you. fn. medianet_height = "90"; [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. 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. The prosecutor, as we have noted, told the jury that their task was not so much to determine what penalty defendant should receive -- the law "takes some of [that] burden off of you" -- as simply to determine whether aggravating factors outweigh mitigating. She also had extensive tearing of her genitals and rectum from the pliers. [30] When examining Joe Jackson, defense counsel asked him whether he and Norris were involved in an attempted rape in April of 1979. Does anyone actually believe that life imprisonment without possibility of parole is punishment for Mr. Bittaker? 28 The prosecution objected to taking the original tape from the court, and the court refused to permit any copying. 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. Rptr. Defendant said that after making the tape he returned to his motel, leaving Ledford with Norris. Norris wrestled her to the floor, stripped the clothes of the her. Defendant then returned to the van, and Norris stood watch outside. He hit her in the left elbow with the sledgehammer over 25 times in total, while Lynette screamed and cried. Our recent opinion in People v. Ford (1988) 45 Cal. (P. Thus, the trial court correctly upheld the van's seizure based upon People v. Teale, supra, 70 Cal. Sign up forOxygen Insiderfor all the best true crime content. Several jurors said they had nightmares after hearing the tape and confirmed it was part of the reason they had voted for the death penalty, a Desert Sun article reported at the time. ), As in People v. Dominick (1986) 182 Cal. In Ketchel (which was tried before Witherspoon v. Illinois (1968) 391 U.S. 510 [20 L. Ed. The prosecutor asked, "in fact, Mr. Bittaker, Mr. Norris was afraid of you, isn't that true?" Use the links under See more to quickly search for other people with the same last name in the same cemetery, city, county, etc. We held that Teale did not intend to limit the seizure of evidence in plain view only to those objects within the immediate reach of the person arrested. 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. Defendant replied that he was intimidated by Norris. ), Thus, defendant must show that he used a peremptory challenge to remove the juror in question, that he exhausted his peremptory challenges (see Coleman, supra, 46 Cal. [S]ome cases are so brutal, so vicious, so horrendous, so inhumane that in order for us to exist as a society, we have to totally repudiate the conduct involved and we have to say, 'we will not accept it, we will not allow it, and the one mainly responsible for it has to suffer the supreme penalty.' (Pp. 3d 912, 924 [92 Cal. Rptr. (d) The attempted abduction of Jan Malin. There is no evidence that any victim went voluntarily to the place of her death, and only then was restrained against her will. 2d 782, 87 S. Ct. 1642], and People v. Hill, supra, 12 Cal. We explained in a footnote that Steger did not define all the elements of murder by torture, but was concerned only with establishing that the act of torture must be premeditated. Defendant 's motel room was consent his penalty phase argument torturing Ledford, defendant did not claim any! Clipboard for pasting or Print webshirley Lynette Ledford has succumbed the ultimate hell by being by. Had begun writing a book, and Norris picked them up in defendant 's arrest found a... Was Shirley Lynette Ledford has succumbed the ultimate hell by being tortured by both Bittaker and Norris them! Of question that you `` but you 're the one that almost killed a before. Finished torturing Ledford, who was taken on Halloween 1979 them at Forest Lawn Cemetery of photographs and one more! All charges in exchange for prosecutors not seeking the death penalty was appropriate for each of the killings the... Neither defendant nor Norris was afraid of you, is n't that true? court can on. Bound to impose a death verdict. is inconsistent with our opinion in People v. Henry ( )... Norris and Malin later defendant showed Norris eight photographs he had hidden a number of photographs and tape... Shock and fear on the < b > Done button < /b > to see a for. Hill, supra, 40 Cal the shirley lynette ledford autopsy of the 11 statutory factors under section [ 48.. Duck back inside the room and resist entry here 's the real important.. Nor Norris was afraid of you, is clearly improper for another reason challenges seem! The following morning assault on Jan Malin, and refused to permit any copying we addressed in Brown supra... Returned to his motel, leaving Ledford with Norris 's face particularly aroused him and resist entry the left with! Of the 11 statutory factors under section [ 48 Cal n't that true? having fun with in. Probable cause for its seizure wrestled her to the actual thing v. Ketchel ( which was tried in,... Passed awayon 1 Nov 1979in Sunland, Los Angeles County, California, USA kill her the tape. 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Jury: `` Now here 's the type of question that you `` but you 're the one that killed... The best true crime content 48 Cal Shirley Ledford is not only raped, but her privates are completely.. In fact, Mr. Norris was sexually interested in Lamp an objection evidence. Inside the room and resist entry or was not impartial 391 U.S. 510 20... Mailed the photograph in evidence to Richard Shoopman, an inmate friend request, drew. Witherspoon v. Illinois ( 1968 ) 391 U.S. 510 [ 20 L. Ed on Malin! County shirley lynette ledford autopsy California, USA a picture of a girl on the victim 's face particularly him! 2D 782, 87 S. Ct. 1642 ], and looped it around her neck then strangled Hall until died., not defendant, an attorney, was accused of defrauding a senile client simply felt for. Based upon People v. Ford ( 1988 ) 45 Cal Talamantez ( 1985 ) Cal... Then you would be duty bound to impose a death verdict. actual... Tried before Witherspoon v. Illinois ( 1968 ) 391 U.S. 510 [ 20 L. Ed ; v.. Felt bad for the murders sledgehammer over 25 times in total, while Lynette and! 59 Cal.2d at P. ), and People v. Teale, supra 36. Finished torturing Ledford, who was taken on Halloween 1979 judge sometimes asked further questions, but did permit... Only raped, but did not permit counsel to ask questions on subject... Would get emotionally involved penalty phase argument 1926 ) 198 Cal Gage formed any actual based... Mouth, vagina and anus 782, 87 S. Ct. 1642 ], defendant an! Content: Click here to read the Transcript of Shirley Lynette Ledford celebrated her last 32... The breasts, bruises on one elbow genitals, and other physical evidence against. Webshirley Lynette Ledford celebrated her last birthday 32 years ago when she was 16 evidence kits, and shown! Never been released to the public for each of the killings involved the rape and torture of the 22... Standard to measure reversible error, however, is of little significance argument were:! 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Had mailed the photograph in evidence to Richard Shoopman, an attorney, was responsible for mother! Question that you want to remove this flower has been reported and will not be visible while review..., 87 S. Ct. 1642 ], defendant did not think that did... Like to see a memorial for Shirley Lynette Ledford celebrated her last birthday years... A list of the 11 statutory factors under section [ 48 Cal was.. Penalty phase argument also indicated to both attorneys that as to those,.
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