maxine zazzara house address

At the time of trial, former Code of Civil Procedure section 197 provided: It is the policy of the State of California that all persons selected for jury service shall be selected at random from a fair cross section of the population of the area served by the court (Stats.1980, ch. One reason is to assure[] the privacy of jury deliberations by foreclosing intrusive inquiry into the sanctity of jurors' thought processes. [Citation. (People v. Braxton, supra, 34 Cal.4th 798, 813, 22 Cal.Rptr.3d 46, 101 P.3d 994. That is why-one of the reasons I gave them the day off. A torn portion of a $20 bill was on the ground. Evidence linked some of the groups of offenses suggested by defendant in the trial court. Under the bar plan, an attorney would have to be a member of the California bar for a minimum of ten years, be an attorney of record in at least fifty trials, forty of which must have been submitted to a jury for decision, and thirty of the fifty must have been felonies. The court noted that although the survey indicated that nearly all of those surveyed had heard of the case, and about half said they thought defendant was responsible based upon what they had heard, the survey did not show that the people polled were predisposed or prejudiced. So long as it considered the evidence offered at the guilt phase of trial solely for this purpose, the jury was entitled to take into account all of the evidence offered at the guilt phase as part of the circumstances of the crime, an aggravating factor that the jury may consider in its penalty deliberations. A criminalist examined hairs recovered from the home of Maxon and Lela Kneiding and testified that they were dissimilar to defendant's hair. Gallegos identified defendant at trial. Defendant argues that the effect of numerous errors committed during the guilt phase of the trial rendered the penalty determination unreliable. She had injuries on her body caused by burns. Daughter 'Honors Their Memories' : Remembers - Los Angeles The photographs also clarified the coroner's testimony. ] (Ibid.) The new list was already being used to send out juror questionnaires and jurors from the new list would begin appearing in court in mid-July. [Defense Counsel]: Your honor, he has already made an I.D. Vincent Zazzara - IMDb Garden of She had been shot twice in the chest at close range and was pronounced dead at the hospital. March 27, 1985: Vincent Charles Zazzara and Maxine Levenia Zazzara were both shot. (Note: What you are about to read might be disturbing and upsetting.). 8.85, the prosecutor told the jury: You may consider those crimes [of which defendant was convicted] in aggravation in determining penalty in this case only once; you can't consider them in section a and section b. Okazaki had been shot to death in the head from close range. Web29 Mar 1985 (aged 44) Whittier, Los Angeles County, California, USA. WebPeter Zazzara's father Vincent and step-mom Maxine were brutally murdered by Richard Ramirez in their ranch-style home in Whittier, Los Angeles, on March 27, 1985. 664, 58 L.Ed.2d 579; People v. Burgener (2003) 29 Cal.4th 833, 855, 129 Cal.Rptr.2d 747, 62 P.3d 1.) Her husband, Christopher Petersen awoke and sat up and defendant shot him in the head, but he did not lose consciousness. 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. (People v. Schmeck (2005) 37 Cal.4th 240, 305, 33 Cal.Rptr.3d 397, 118 P.3d 451; People v. Box (2000) 23 Cal.4th 1153, 1217, 99 Cal.Rptr.2d 69, 5 P.3d 130.). ), Nor did the trial court abuse its discretion in determining that the probative value of each photograph outweighed its prejudicial effect. ), Defendant cites no case, and we are aware of none, in which a conviction was reversed because the court granted the defendant's request to substitute counsel. It later was determined that two .22-caliber bullets removed from Maxine Zazzara's head and neck had been fired from the same gun later used to kill Chainarong K. Police discovered that the screen had been removed from a patio window at the Zazzara residence, which had been pried open. Also Read: 'Night Stalker': How Dianne Feinstein Jeopardized the Search for Serial Killer Richard Ramirez. Defendant argues that Prospective Juror Robert D. should have been excused for cause because he made it clear that he favored the death penalty as the appropriate punishment and would place a burden on a defendant to prove that death was not the appropriate punishment.. 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. To the extent defendant alleges violations of the International Covenant on Civil and Political Rights, which he alleges incorporates the Universal Declaration of Human Rights, his claim lacks merit, even assuming he has standing to invoke this covenant. In the present case, the determinate sentences were imposed for crimes that were committed separately from, or involved victims other than, the murders for which defendant was sentenced to death. 558-559, 15 Cal.Rptr.3d 743, 93 P.3d 344.] I don't need to hear all of society's rationalizations. You are not allowed to take account of any other facts or circumstances as the basis for deciding that the death penalty would be appropriate punishment in this case. The court refused the instruction, stating it saw no reason to give it. Mr. 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.). The trial court did not err in denying the motion for change of venue. 191, 800 P.2d 547, defendant argues that the trial court violated its positive, sua sponte duty under the Sixth Amendment of the federal Constitution and article I, section 15 of the California Constitution to ensure that appellant would be represented by qualified, effective counsel by granting defendant's request to substitute counsel. When Ramirez was finally apprehended, he called Salerno Mr. The evidence is sufficient to support defendant's convictions for burglary of the Hernandez/Okazaki residence, felony-murder of Okazaki based upon the commission of the burglary, and the special circumstance that the murder of Okazaki was committed during the commission of a burglary. In People v. Melton, supra, 44 Cal.3d 713, 768, 244 Cal.Rptr. In a footnote to the reply brief, defendant states he inadvertently omitted these two bases for challenging the jury venire in his opening brief, adding without supporting argument or citation of authority that [t]hese grounds are also asserted as improper bases for underrepresentation and exclusion of potential jurors. We need not, and do not, resolve these contentions. Michele He later asked Salerno and Carrillo if they would be attending his execution. Defendant's claim also fails on the merits. The trial court selected the 20-mile radius as the community to which to compare the percentage of Hispanics. But the court's determination that physical restraints are needed will not be overturned on appeal except on a showing of a manifest abuse of discretion. (Id. WE CONCUR: GEORGE, C.J., KENNARD, BAXTER, WERDEGAR, CHIN, and CORRIGAN, JJ. On October 22, 1985, Judge Soper noted that defendant had failed to provide a written agreement retaining attorney Gallegos. Defendant entered the vehicle, saying he had a gun, but Pinon attempted to pull defendant from the vehicle. Defendant also requested two special instructions regarding mitigating factors. Rather than explain why the proposed instruction was proper and request a ruling, trial counsel simply withdrew the proposed instruction. at p. 987, 275 Cal.Rptr. She fell to the floor. ), Defendant requested the following jury instruction: One of the factors for you to consider in determining the penalty is the age of the defendant at the time of the offense(s). He was interrogated without counsel by the sheriff and confessed to bank robbery, kidnapping, and murder. You probably know how vicious his crimes were but the true-crime series delves deeply into how bloody and gory they really were. Daniel Hernandez: Yes. A still photograph taken from a videotape of the lineup showed a police officer raising two fingers. Counsel in Ortiz, Daniel Hernandez and Arturo Hernandez, are the same attorneys who represented defendant in this case. At the time, Code of Civil Procedure section 203 provided that no juror shall be required to serve at a distance greater than 20 miles from his or her residence. (Stats.1980, ch. 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. California courts have recognized the need to protect the sanctity of jury deliberations. The present case does not involve concurrent representation of multiple defendants as in Holloway and Sullivan, or even prior representation of the victim as in Mickens. Some people in the crowd were holding the newspaper with defendant's photograph on the front page. [Citation. ] (People v. Oates (2004) 32 Cal.4th 1048, 1062, 12 Cal.Rptr.3d 325, 88 P.3d 56.) A tube of lipstick was found on the floor. Plot. U. S. Whittier, Los Angeles County, California, USA. He stated that death was a just punishment for certain crimes. When asked what crimes he had in mind, he answered: Mostly murder, I would think. He added that if the defendant were convicted of first degree murder and found to be eligible for the death penalty, he would vote to impose the death penalty unless he were convinced otherwise. He further contends that these instructions and argument rendered the penalty determination unreliable, in violation of the Eighth and Fourteenth Amendments to the federal Constitution. WebZazzara Vincent Charles Italian (Sicily): habitational name from the port of Mazzara del Vallo on the west coast of Sicily, which takes its name from the Mazzaro river. The victim repeated her identification of defendant at trial. The prosecution conceded that the two charges related to Higgins were not properly joined and the court granted the prosecution's motion to dismiss those charges. In the flower bed beneath Nelson's open bedroom window, police found a shoe print from an Avia athletic shoe. 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.). Defendant contends that the trial court failed to consider a vast array of defense-proffered evidence in support of change of venue, adding that [t]he trial court erred in refusing to take judicial notice of the defense-proffered exhibits that demonstrated the prejudicial nature of the news media coverage in appellant's case. The trial court viewed several hours of videotapes of media coverage of the present case proffered by defendant. 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. As noted above, defendant was arrested on August 31, 1985. However, when Ramirez did come in and the alarm was pressed it didnt go off. She had committed numerous burglaries with defendant and had seen him sell jewelry to Felipe Solano. We are all expendable for a cause, and no one knows that better than those who kill for policy, clandestinely or openly, as do the governments of the world which kill in the name of God and country and for whatever else they deem appropriate. ), It is clear that the challenged photographs were relevant. 188, 450 P.2d 580, such intent cannot support a finding of felony-murder. Footprints on the bucket and in the flower bed were made by an Avia athletic shoe. The documentary series also delves into Ramirezs past and the horrible trauma Ramirez had to face as a child. There was no gross unfairness and defendant was not deprived of a fair trial. [Citation.] By its terms, the portion of section 669 regarding imposition of a life sentence does not apply to a sentence of death. After defendant left, Yu crawled a short distance and then lay still. In addition, it has been brought before the court's attention that both Arturo Hernandez and Daniel Hernandez have been held in contempt by the courts in Santa Clara County on at least two occasions; that on a third occasion a contempt citation was not sustained against Daniel Hernandez-. Daniel Hernandez interrupted the court to object on the ground that this material had been discussed during an in camera hearing, noting that he and Arturo Hernandez had been assured that any information given to the court would be kept closed. The court continued, stating: They are a matter of public record, sir And that there is presently pending in that court another contempt hearing for Daniel Hernandez' failure to appear at a preliminary hearing where the defendant is charged with a violation of section 187 of the Penal Code. Menu. 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? (People v. Massie (1998) 19 Cal.4th 550, 570, 79 Cal.Rptr.2d 816, 967 P.2d 29, and cases cited therein.) 1173, 55 L.Ed.2d 426 (Holloway), in which indigent codefendants were represented by a single appointed attorney who represented that he had received confidential information from each defendant that created a risk of conflicting interests, but no conflict of interest was found in Cuyler v. Sullivan (1980) 446 U.S. 335, 100 S.Ct. Although defendant argues that the media coverage of this case was extensive and inflammatory, he focuses on the extent of the coverage and offers few examples of coverage that could be described as inflammatory. 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. Defendant put a gun to her head, covered her mouth with a gloved hand, and threatened to kill her if she made a sound. Ms. Evans now handles the legendary pianist and composer's estate along with attorney Steven Lowy and others. (People v. Young (2005) 34 Cal.4th 1149, 1225, 24 Cal.Rptr.3d 112, 105 P.3d 487; People v. Barnett (1998) 17 Cal.4th 1044, 1180, 74 Cal.Rptr.2d 121, 954 P.2d 384; People v. Cain (1995) 10 Cal.4th 1, 68, 40 Cal.Rptr.2d 481, 892 P.2d 1224. Defendant refused to remove his sunglasses after being ordered to do so by the trial judge in open court. 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. The bedroom had been ransacked. (Ante, 46 Cal.Rptr.3d at pp. (People v. Gray, supra, 37 Cal.4th 168, 237, 33 Cal.Rptr.3d 451, 118 P.3d 496; People v. Martinez (2003) 31 Cal.4th 673, 703, 3 Cal.Rptr.3d 648, 74 P.3d 748. Lack of Specific Findings Regarding Aggravating Factors, Defendant maintains that the trial court's failure to require the jury to make findings regarding which aggravating factors it relied upon precluded meaningful appellate review in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments to the federal Constitution and deprived him of equal protection of the laws under the Fourteenth Amendment. The Court: I think this is an area that I would not and in fact I am bound not to bring forth unless the jury itself raises the question during their deliberations. maxine zazzara house 81, 9, p. Browse our public records directory to see Peter Zazzara's contact info, age, cell phone number, email address, social media profiles . Bruno Polo managed two pizzerias owned by Vincent Zazzara. Further, the passage of more than a year from the time of the extensive media coverage served to attenuate any possible prejudice and supports the trial court's denial of the motion for change of venue. WebVincent Zazzara was born on October 8, 1920. The offenses with which defendant was charged occurred between June 27, 1984 and August 8, 1985. [] Under the federal Constitution, when counsel suffers from an actual conflict of interest, prejudice is presumed. maxine zazzara house Defendant climbed over a fence and encountered Fastino Pinon, who was working on his car, which was running. The Defendant: I understand. 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. In some cases, he would sexually assault a kid he came across in the house during a burglary. Born May 15, 1940 Died March 29, 1985 (44) Add to list Credits IMDbPro Archive Footage Previous 7 First Blood Self - Murder Victim (archive footage) TV Series 2022 1 episode 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. Bell died from her injuries about a month later in July, 1985. WebOn March 28, 1985, about 8:30 p.m., Polo went to the home that Vincent Zazzara shared with his wife Maxine to deliver the days receipts from the restaurant and found the screen door unlocked and the front door ajar. the benefit of a reasonable doubt prior to today with regard to his attentiveness it now is quite clear that good cause exists to excuse him because of his sleeping.. Relying upon our decision in Williams v. Superior Court (1989) 49 Cal.3d 736, 263 Cal.Rptr. (c)), four counts of forcible sodomy (286, former subd. (189. Weeks testified that using the registrar of voters list as the primary list results in an underrepresentation of Hispanics, because the percentage of Hispanics who are eligible to vote and who actually register to vote is lower than for other groups in the population. Dr. 3, 138 Cal.Rptr. A woman parking her car in her apartment house's garage was shot, but not killed. 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. The temperature of the victim's liver indicated she had been dead only a couple of hours, but that estimate may have been inaccurate, because the body had been covered and the room may have been warm. Defendant ran from room to room, ransacking the house. As we stated before, we have no knowledge of any potential conflicts; but if there are any, we will notify whatever court this case is before. It is a decision which must be made by the defendant In addition, the court has requested that the agreement retaining Mr. Arturo Hernandez and Mr. Daniel Hernandez be reduced to writing and that Mr. Ramirez be given the opportunity to discuss that contract with an independent attorney appointed by this court. Sakina A. untied her son, called in vain for her husband, and screamed for help. 203.) ] (People v. Ewoldt, supra, 7 Cal.4th 380, 402, 27 Cal.Rptr.2d 646, 867 P.2d 757.). IMDbPro Starmeter See rank. Those are matters that must not affect your verdict.. The Court: Did you have any questions regarding any of the conditions in that contract? We have done a tremendous amount of work with him. Defendant left and ran toward the street. It is clear, therefore, that Hispanics were not systematically excluded from the venire from which defendant's jury was chosen.9. The court invited defendant to request to speak to an independent attorney if at any time in the future you change your mind.. 6, 263 Cal.Rptr. A pentagram is A five-pointed figure formed by producing the sides of a pentagon both ways to their points of intersection, so as to form a five-pointed star Formerly used as a mystic symbol and credited with magical virtues. (11 Oxford English Dict. Now, quite frankly, the photographs are unpleasant. Dresser drawers were open and clothes had been thrown around the room. A red circle with a star in it (a pentagram)3 had been drawn on her thigh, perhaps using lipstick. The jury can, and must, be shielded from depictions that sensationalize an alleged crime, or are unnecessarily gruesome, but the jury cannot be shielded from an accurate depiction of the charged crimes that does not unnecessarily play upon the emotions of the jurors. ), The defendant in People v. Ortiz, supra, 51 Cal.3d 975, 275 Cal.Rptr. Maxine Zazzara - Biography - IMDb (a). Defendant contends that his waiver of his right to conflict-free counsel was defective. Defendant contends the trial court erred in denying his motion for change of venue under section 1033, depriving him of his rights under article I, section 15 of the California Constitution and the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution. The trial court conducted an extensive and appropriate inquiry into defendant's awareness of the possibility of a conflict of interest, offered defendant separate counsel to advise him, and obtained assurances from defense counsel that no such conflicts existed or were likely to arise. Paul Strand, Ph.D., testified for defendant that during the last week of November, 1986, he conducted a telephone survey of 300 persons who were eligible to be prospective jurors, using a computer program that generates random telephone numbers. It now appears that several jurors have indicated that-to the foreman that he has-or has fallen asleep. He told her to be quiet, asked, Where is it? and then shot her in the face. ), 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. An ambulance arrived and took him to the hospital where he was pronounced dead. Woman who survived Night Stalker attack recalls chilling encounter That person was apprehended and questioned, but then released. Again I'm not trying to jump in and tell you guys how to run your ship. Hypocrites one and all. Select this result to Thats a pretty sick individual. Indeed, he would help himself to food and drinks in the kitchen after his crime. Later he gouged out Maxine's eyes and took them with him. 8.85 do not violate the Eighth and Fourteenth Amendments by failing to delete inapplicable sentencing factors or delineate between aggravating and mitigating circumstances. But I have not said he is guilty or innocent.. He saw the man push Yu away, enter his car, and drive away. ), In any event, the proposed instruction was improper. 2557.) 7. As in Williams, we need not decide in the present case whether the trial court erred in using the area within a 20-mile radius around the courthouse as the relevant community for cross-section analysis. 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. As we explained in People v. Bittaker (1989) 48 Cal.3d 1046, 1087-1088, 259 Cal.Rptr. 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. A. He responded and called the police, who found that defendant had entered the house through a cat door, which had been bent out of shape. But his murder of Maxine was especially ghastly as hed gouged out her eyes. The temperature of the deceased's liver was measured and the degree of rigor mortis noted, but the coroner had difficulty estimating the time of death. Our decision in Hannon does not assist defendant. 586-587, 186 Cal.Rptr. jake randall scarlets rugby; masshealth staff directory. ] (People v. Taylor (2001) 26 Cal.4th 1155, 1180, 113 Cal.Rptr.2d 827, 34 P.3d 937; People v. Earp (1999) 20 Cal.4th 826, 899, 85 Cal.Rptr.2d 857, 978 P.2d 15. Prospective Juror Robert D[. Defendant continued: Of course I did it, you know that I'm a killer. The Court: Did you read the entire contract? 1708, fns. [T]he reviewing court must independently examine the record and determine de novo whether a fair trial is or was obtainable. [Citation.] WebMaxine Zazzara was born on 15 May 1940 in Arkansas, USA.

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