maxine zazzara house address

In some cases, he would sexually assault a kid he came across in the house during a burglary. But as time went on without a sign of Ramirez, the dentists office suggested installing an alarm that employees could press when Ramirez came back, directly alerting the cops, which they did. ), Defendant argues that granting prosecutors virtually unfettered discretion to decide whether to seek the death penalty violates the Fifth, Eighth, and Fourteenth Amendments to the federal Constitution. We need not, and do not, decide whether defendant validly waived his right to conflict-free counsel because defendant has not shown, and expressly disclaims an intention to show on appeal, that he was denied his right to conflict-free counsel. 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. 664. Raymond Arce, Director of Jury Management, Office of the Jury Commissioner, testified that each fiscal year, usually in May, a master list of potential jurors in Los Angeles County is compiled using records from the county registrar of voters and the California Department of Motor Vehicles. And also I believe Wednesday after lunch, you know, we returned from lunch, we were sitting there right around maybe little bit about two o'clock, you know, I made a mental note of it, and he was sitting there. 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. Forensic pathologist Dr. Werner Spitz testified, based upon the temperature of Vincow's apartment, her body temperature when found, and the circumstance that her body had been covered, that Vincow had been dead four to five hours when her body was discovered. IMDbPro Starmeter See rank. As noted above, defendant argues that the trial court erred in granting his request to substitute counsel, but the cases he cites do not support his assertion that the trial court had a sua sponte duty to ensure that he would be represented by qualified, effective counsel. ZAZZARA Maxine The court gave the standard sentencing instruction (see CALJIC No. WebMaxine Zazzara was born on May 15, 1940 in Arkansas, USA. The court finds that although I gave Mr. Mr. Is that the point you are trying to make? He argues nonetheless that [e]volving due process standards and requirements of reliability of the death sentencing procedure have undermined the Court's analysis in those cases.. In the present case, defendant did not request such a limiting instruction. 339, 651 P.2d 1145.) Welcome to the Serial Killer Database. 11. The Whittier, CA, home was familiar to Ramirez as he had burglarized it one year earlier. The prosecutor suggested that defendant again wear a leg brace rather than leg chains. Administration 601 Atlas Ave. Madison, WI 53714. They entered and found Vincent Zazzara lying dead on the couch in the den. [Citation.] He had a pattern he killed the man in the house, and sexually assaulted a woman, and always made sure he could see the fear in his victims eyes. Catherine Mazzara - Address & Phone Number | Whitepages In counties with more than one court location, the rules shall reasonably minimize the distance traveled by jurors. We will uphold the trial court's ruling on this question if it is supported by substantial evidence. 2. 1368 comes to mind. Daniel Hernandez responded: We've been considering that from the beginning of course and we haven't made a decision on that and we are very aware and concerned about that. The court replied: So am I. This is not the purpose of these photographs., Defendant objected to a coroner's photograph of William Doi with a breathing apparatus in his mouth on the grounds that it is irrelevant and also under [Evidence Code Section] 352 it does have some foreign matter or other materials depicted that obviously are from something other than what was found at the scene. The court overruled the objection, finding that the picture is not inflammatory and that it has probative value certainly to identify the victim and it is not grotesque and it is not particularly repulsive, Before showing the jury photographs of Mabel Bell and Florence L., to which defendant did not object, the court again remarked that some of the photographs are not pretty but admonished the jury not to be inflamed or in any other way emotionally involved in these photographs, asking the court to look at them as neutrally and as objectively as you possibly can., Defendant objected to a photograph of Mary Cannon taken at the scene of the crime and two coroner's photographs of the victim on the grounds that they were sufficiently gory and would inflame the jury. Defendant described the photograph of the victim at the scene of the crime as particularly hideous. At the request of the court, the prosecutor withdrew the photograph of the victim taken at the scene at the crime. [Citations.] But his murder of Maxine was especially ghastly as hed gouged out her eyes. The court stated: The court finds that the defendant's waiver of his right to testify and his waiver of the right to put on evidence during the penalty phase, these waivers have been freely, voluntarily and intelligently made and joined in by his counsel., A.Pretrial Issues1. Under the 1978 Death Penalty Law, which governs this case, the only possible penalties are death or life imprisonment without the possibility of parole. Defendant left and they called the police. 1692, 100 L.Ed.2d 140 and People v. Ortiz (1990) 51 Cal.3d 975, 275 Cal.Rptr. I will be avenged. To the contrary, defendant presented testimony from a convicted burglar that she had committed burglaries with defendant. On the morning of July 19, 1985, the bodies of Maxon and Lela Kneiding were discovered in their bed by their daughter, who had come looking for them after they failed to meet her at a restaurant for breakfast as planned. Copyright 2023, Thomson Reuters. According to Dr. Minter, therefore, the absolute disparity between the 14 percent of persons who appeared for jury service and identified themselves as Hispanic and the 16.3 percent of the population within the 20-mile radius who were Hispanics who were eligible for jury service was just 2.3 percent. jake randall scarlets rugby; masshealth staff directory. About an hour after Dale Okazaki was murdered and Maria Hernandez was shot, shortly before midnight on March 17, 1985, Jorge Gallegos was sitting in his parked car with his girlfriend in front of her residence in Monterey Park when his attention was drawn by the sound of two cars applying their brakes. Defendant has not made a showing that his mental condition resulted in an inability to assist in his defense or to understand the proceedings. He hacked them with the weapon then shot both in the head. 10234 Strong Ave, Whittier, CA 90601 | realtor.com 83, 759 P.2d 1260.). She raised her hand to shield her face and said something like don't or stop. Defendant approached within a few feet and fired the gun. Ms. Evans now handles the legendary pianist and composer's estate along with attorney Steven Lowy and others. On October 22, 1985, Judge Soper noted that defendant had failed to provide a written agreement retaining attorney Gallegos. Deputy Public Defender Allen Adashek, who was appointed to represent defendant soon after his arrest, testified regarding the circumstances of the lineup in which defendant was identified by several of the victims. Decided Aug. 25, 1980. A still photograph taken from a videotape of the lineup showed a police officer raising two fingers. Accordingly, defendant is limited on appeal to arguing that the trial court erred in failing to sever the charges into the groups he requested at trial. That is an avenue I think that has to be explored one way or another., The next month, on March 24, 1987, the court spoke to defense counsel about when they were going to file a severance motion and then added: The 1368 and related issues I would also like you to consider. We concluded above that the court did not err in denying prior defense counsel's pretrial motion to appoint a psychiatrist to evaluate defendant's mental competency to stand trial, nor did it err in failing prior to trial to order a competency hearing sua sponte. Instead, echoing a claim addressed above, defendant asserts he was denied due process of law under the Sixth and Fourteenth Amendments to the federal Constitution and article I, section 15 of the California Constitution because the trial court failed to inquire into defense counsel's possible conflicts of interest during the penalty phase. Defendant failed to object to the composition of the new master list, and thus forfeited any objection to the composition of the master list actually used to select the jury in the present case. In court, during his arraignment in municipal court, defendant said, Hail Satan, and displayed a pentagram and the number 666 on his palm. Garden of Commemoration, Sec. 191, 800 P.2d 547.) We have repeatedly stressed that a defense counsel's failure to present mitigating evidence at the penalty phase does not make the proceeding unreliable in constitutional terms so long as (1) the prosecution has discharged its burden of proof at both phases of trial consistently with the rules of evidence and a constitutionally sound death penalty scheme; (2) the death verdict was rendered in accordance with proper instructions and procedures; and (3) the penalty jury considered the relevant mitigating evidence, if any, that the defendant has chosen to introduce. On May 14, 1985, about 5:00 a.m., a police dispatcher received a 911 call from a residence in Monterey Park. This holding in Hovey was abrogated by the passage of Proposition 115. Defendant argues he was denied a reliable determination of his penalty guaranteed by the Eighth Amendment, citing Caldwell v. Mississippi (1985) 472 U.S. 320, 328-329, 105 S.Ct. Relying upon our decision in Williams v. Superior Court (1989) 49 Cal.3d 736, 263 Cal.Rptr. I would prefer the leg brace; however, at this point this morning I think my client's position is that he should have neither. The court stated: I think that in view of the history of this case, and some of the statements made by Mr. Ramirez, that restraint is required in this case. The court, however, asked defendant whether he wanted a hearing on this issue, adding: I'd be happy to have a hearing on the issue. She ran out of the car and called for help. One of the victim's shoes was found on the ground and the other was in her car. The song Legions by Savatage, released in 1987, calls on the legions of the night to To do our deeds. (< http:// www.savatage.com/bandinfo/albums/hallofthemountain king/legions.html > [as of Aug. 7, 2006].) His dad treated him poorly he would tie him to a cross in a graveyard overnight as a form of punishment. at p. 293, fn. Receiving no reply, she sent her son to a neighbor's house by promising the child that the neighbor would give him popsicles and candy bars. A shoe print recovered from the kitchen sink near the window was made by an Avia athletic shoe. Defendant has presented no persuasive reason to reconsider our previous holdings. Learn more about FindLaws newsletters, including our terms of use and privacy policy. On the morning of July 2, 1985, a neighbor, Frank Starich, noticed that a window screen was lying on the front porch and her newspaper was in the driveway. The Court: Mr. Daniel Hernandez, you are nodding your head yes. Do you-. Defendant pointed his gun at her, but then ran away. If after consideration of all the circumstances, you feel sympathy for the defendant that is based on the evidence you have heard, and based on such sympathy you are inclined to extend mercy to the defendant, the law permits you to act upon such sympathy and fix the penalty at life imprisonment without the possibility of parole.. The bullet hit Hernandez in her hand and apparently was deflected by the keys she was holding. ] (People v. Crittenden, supra, 9 Cal.4th 83, 133-134, 36 Cal.Rptr.2d 474, 885 P.2d 887.) ), We find no fault with the trial court's response to this tragic event. The jury resumed deliberations the following day, August 16, 1989, but defendant moved to suspend deliberations to allow the jury a period of mourning. Plot. 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. This was reasonable, because this was the area from which the jurors actually were summoned. L[.] He may have entered through an unlocked doggie door in the back door. WebVincent Zazzara Richard Ramirez Maxine Levenia Tedder Zazzara at Find a Grave. Because many members of the Hispanic community share common surnames and first names, Hispanics might be erroneously deleted from the DMV list. We have seen him on almost a daily basis. at p. 742, fn. ] (People v. Ward, supra, 36 Cal.4th at p. 220, 30 Cal.Rptr.3d 464, 114 P.3d 717.). 867, 750 P.2d 741. Her nose was broken and both eyes blackened. With respect to that, there is no evidence upon which I might conclude so far that the defendant is in any way unable to understand and participate in the proceedings., Ten months later, on February 26, 1987, just prior to the weekend recess during a hearing on pretrial motions, the superior court judge sought time estimates from counsel regarding proceedings the following week and asked defense counsel: Are there any motions that you are considering as to other aspects of this case that should be filed or you are considering filing? ), The defendant in People v. Ortiz, supra, 51 Cal.3d 975, 275 Cal.Rptr. In weighing the various circumstances you determine under the relevant evidence which penalty is justified and appropriate by considering the totality of the aggravating circumstances with the totality of the mitigating circumstances. You don't understand me. She fell to the ground and lay still while defendant entered the condominium. The relative disparity-which is the absolute disparity (12.3 percent) divided by the percentage of Hispanics in the population (26.3 percent)-was 47 percent. All of the charges against defendant were properly joined under section 954 because they either were connected together in their commission or were offenses of the same class of crimes. Each of the groups of offenses suggested by defendant in the trial court included charges of murder or rape or both. ] (People v. Cox (1991) 53 Cal.3d 618, 666, 280 Cal.Rptr. Defendant challenges the sufficiency of the evidence to support his conviction of the second degree murder of Tsai-Lian Yu, asserting that the evidence is insufficient to establish malice because it does not establish that he intended to kill Yu and, if he did, that he did not act in the heat of passion, or upon a sudden quarrel, or in unreasonable self-defense. 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. Defendant did ask the court to instruct the jury that the list of aggravating factors is exclusive, but, as discussed above, the court properly refused to so instruct the jury. I, 30, subd. On January 30, 1989, the court again asked defendant whether he preferred wearing a leg brace that would not be visible to the jury, rather than leg chains. Night Stalker Richard Ramirez ] [Citation. Inmate Mailing Address: Inmate Name, ID Number Oakhill Defendant observes that eyewitness identification evidence established that appellant was the assailant in the Hernandez and Okazaki, Carol K., Sophie D., Chainarong K., Petersen, Elyas A., Yu, Doi, and Nelson incidents. A bucket had been placed underneath the window. Maxine Zazzara, (562) 417-8189, Whittier Public 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. Defendant claims that he was denied the right to conflict-free counsel in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments to the federal Constitution and article I, section 15 of the California Constitution because the trial court failed to conduct an adequate inquiry into whether his attorneys suffered from a conflict of interest stemming from their retainer agreement with defendant's family. 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. Psychologist Elizabeth Loftus, an expert in eyewitness identifications, testified that memory degrades over time, that witnesses who are assaulted with weapons focus upon the weapon rather than the features of the assailant, and that members of one race have difficulty identifying members of other races. On October 30, 1986, defendant called a guard over to his jail cell, displayed photographs of two of the murder victims, and said: People come up here and call me a punk and I show them the photographs and tell them there's blood behind the Night Stalker and then they go away all pale.. March 27, 1985: Vincent Charles Zazzara and Maxine Levenia Zazzara were both shot. However, the factor relating to defendant's age, as set forth in these instructions, refers to any matter concerning defendant's age, maturity, and judgment which common experience or morality might indicate to be relevant to the issue of penalty. Moreover, a trial court must exercise caution when denying a defendant's request to substitute counsel, because [r]eversal is automatic when a defendant has been deprived of his right to defend with counsel of his choice. We affirmed the resulting judgment, ruling that a trial court is required to conduct a competency hearing under section 1368 only if substantial evidence of incompetence is introduced, and adding that evidence that does no more than form the basis for speculation regarding possible current incompetence is not sufficient. This change increased the percentage of Hispanics on the master list to 28.4 percent, which is more than both the 17.5 percent of the population within a 20-mile radius of the courthouse and the 26.3 percent of the population in the Central Judicial District. He said, all the killings are going to be blamed on me.. Only one person (0.3 percent) believed defendant was not responsible for the murders. Murder that is committed with malice but is not premeditated is of the second degree. A woman parking her car in her apartment house's garage was shot, but not killed. A trial court does not abuse its discretion if it discharges a juror who falls asleep during the trial. Footprints on the bucket and in the flower bed were made by an Avia athletic shoe. 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. Starich and his wife entered the house but soon left to call the police when they saw that things in the house had been thrown on the floor. [Defense Counsel]: You know that Mr. Hernandez [codefense counsel] has been in El Paso talking to friends and relatives about testifying on your behalf? (a).) ] (Ibid.) IN THE SUPREME COURT OF CALIFORNIA - Justia Law On January 20, 1988, defendant filed a motion to quash all existing jury panels on the ground that Hispanics were systematically underrepresented on the jury venire.8 An evidentiary hearing spanning several days was held in April and May, 1988. Those are matters that must not affect your verdict.. And this turned out to be the case. You must not consider other cases or news reports, or speculate about actions for other authorities in arriving at a penalty verdict in this case. The de novo standard of review applies to our consideration of the five relevant factors: (1) nature and gravity of the offense; (2) nature and extent of the media coverage; (3) size of the community; (4) community status of the defendant; and (5) prominence of the victim. [Citation.]' Her blouse had been pulled up. [Gallegos]: Yes, I would like to see his profile without glasses and also from behind. A screen had been removed from an open bathroom window and was lying on the ground. 1237, 152 L.Ed.2d 291 (Mickens).) A window in the bedroom was open and the bedroom had been ransacked. You can consider them only once., 10. Now, Netflixs docuseries Night Stalker: Searching for a Serial Killer delves into how investigators finally apprehended the killer, after he managed to evade law enforcement for a year. A defense pathologist testified that Yu's injuries were consistent with her having been shot while seated in her car. This contention is meritless. To the contrary, the United States Supreme Court has just reiterated that an element of a defendant's right to counsel is the right of a defendant who does not require appointed counsel to choose who will represent him. A .22-caliber bullet recovered from Chainarong K.'s head had been fired from the same gun that fired the bullets that killed Vincent and Maxine Zazzara. A hearing was held on August 31, 1989. Whether defendant satisfied the second prong by showing that Hispanics were underrepresented in the jury venire depends in part upon how the community that serves as a basis for comparison is defined. ] (People v. Cleveland (2001) 25 Cal.4th 466, 475, 106 Cal.Rptr.2d 313, 21 P.3d 1225.) The very act of questioning deliberating jurors about the content of their deliberations could affect those deliberations. (Id. Defendant contends he was denied his right to due process and to a reliable determination of penalty under the Eighth and Fourteenth Amendments to the federal Constitution because the court instructed the jury in accordance with CALJIC No. The trial court in the present case did not abuse its discretion in resuming deliberations the day after the jury learned that one of the jurors had been murdered. ), 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. A criminalist testified that it was uncertain whether semen collected from Sakina A. could be matched to defendant. You probably know how vicious his crimes were but the true-crime series delves deeply into how bloody and gory they really were. Defendant compared that percentage to both the percentage of jury-eligible Hispanics living in the judicial district in which the trial was held (26.3 percent) and the percentage of jury-eligible Hispanics living within a 20-mile radius from the courthouse (17.5 percent). The court appropriately released the jury the day it learned of the juror's murder and resumed deliberations the following day only after observing the jurors' demeanor and inquiring of the jury foreperson whether the jury was ready to resume deliberations.
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