shirley lynette ledford autopsy
App. On September 2, 1979, Jacqueline Gilliam, age 15, and Leah Lamp, 13, were hitchhiking in Redondo Beach. Instructions that Norris was an accomplice. But when defendant appeared at the window, an announcement of purpose before arresting him would have been hazardous. 35. Murder of Shirley Lynette Ledford - Tool Box Killers - Behind History Defendant, however, contests probable cause because of Ms. R.'s "inaccurate" description of the van's color. He showed the book to a newspaper reporter who wrote an article describing it. Notify me of follow-up comments by email. 467, 455 P.2d 395]. People v. Barrett (1929) 207 Cal. 14 Any delay would have allowed him to duck back inside the room and resist entry. 3d 629 [221 Cal. Later in People v. Fields (1983) 35 Cal. If you take somebody's life, willfully take somebody's life, that you give up your own." Its ruling is not an abuse of discretion. After one to two hours, defendant turned off the recorder and changed places with Norris. (People v. Coleman, supra, 46 Cal. Link your TV provider to stream full episodes and live TV. The death penalty? 9 and thus that a document which says it does not institute criminal proceedings cannot be the basis for an arrest warrant. He hit her in the left elbow with the sledgehammer over 25 times in total, while Lynette screamed and cried. Rptr. He argues that the testimony was improper under Evidence Code section 730 because defendant did not put his mental state in issue. 3d 1080] the death-qualifying voir dire to four questions; (3) when the court advised a jury-selection expert, who arrived in the court's chambers without prior notice, that it would not authorize payment of county funds for her fees; (4) from a hearing following the prosecution's subpoena requiring defense counsel to produce photographs allegedly given him by defendant; (5) from an ex parte communication with the jury where the court advised the jurors on the "gruesome" nature of the evidence and reminded them of their obligation to evaluate it dispassionately; (6) and (7) from at least two in-chambers conferences on the scope of cross-examination. 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. During voir dire, Kuriki stated that she did not think that she could be fair, because she would get emotionally involved. In Nye, supra, 71 Cal. He then strangled Hall until she died and threw the body over an embankment into some bushes. [4b] It is undisputed that Officer Valento technically complied with the knock requirement. 2d 755 [290 P.2d 855]; Kaplin v. Superior Court (1971) 6 Cal. At the beginning of the tape, the sounds one hears are of Bittaker slapping her. Defendant also argues that the prosecutor's closing argument was contrary to the evidence, since Norris and others who had seen the photographs said they described only scenes of sexual activity, not torture. 2d 782, 87 S. Ct. 1642], and People v. Hill, supra, 12 Cal. Ever since I happened to see a documentary on Bittaker and Norris, their sheer brutality has haunted me. fn. Rptr. 3d 500, 510 [119 Cal. During the presentation of the prosecution's case at trial, the defense asked permission from the prosecution to make a better copy. Then, towards the middle the sounds are of Bittaker beating her about the chest with his fists and tormenting the screaming and pleading girl with vise grip pliers on her genitals, breasts and nipples. 3d 301, the court refers to tests conducted on defendant's car (e.g., tire impression, wheel span, etc. granted (1989) ___ U.S. ___ [104 L. Ed. Defendant and Norris had seen a gangster movie while in prison in which the villain killed his victims in this fashion. Thanks for using Find a Grave, if you have any feedback we would love to hear from you. They put Ledford's body in a bed of ivy in a suburban neighborhood, where it was discovered by an early morning jogger. Juror Mims was uncertain whether he could return a death verdict and told the judge, "If you ask me if I could kill somebody, I don't know. 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. 3d 889, 896 [135 Cal. [48 Cal. Failed to report flower. Defendant was charged with conspiracy to kidnap women, however, [48 Cal. She responded with an unqualified "yes." You're bound by law, you're bound as jurors to follow the law. Defendant's failure to object to inadmissible evidence, or to request limiting instructions when evidence was admissible for other purposes, bars him from raising the issue on appeal. Norris got out and pretended to be repairing it. Sunland, Los Angeles County, California, USA. Shirley Lynette Ledford has succumbed the ultimate hell by being tortured by both This argument, however, depends upon defendant's further claim that there was no "nexus" between the items seized and criminal activities, for given a suitable "nexus," the police may seize any item discovered during a consensual search. 3d 301, parallel those of the present case. We find it unnecessary to resolve these issues. The conference at which the court made its ruling was unreported. It was not, however, permitted to ask questions relating to views on capital punishment. (P. Shortly after beginning his argument, he asked the jury: "What penalty has Lawrence Sigmond Bittaker earned in this case? Norris drove to a store, keeping in communication by radio. Rptr. 2d 410, 100 S. Ct. 2395] [warrant required to view films lawfully in possession of Federal Bureau of Investigation].) After a 50-year gap in which we have found no reported cases, this court again addressed the subject in People v. Williams, supra, 29 Cal. (North, at p. However, as wrong as it may be, I really would like to hear the tape and see the autopsy photos. The prosecutor's comment, however, is clearly improper for another reason. The Toolbox Killer Airs Sunday, October 3rd. We characterized the proposed questions as relevant to the felony-murder special circumstances, and held the trial court erred in excluding that area of inquiry. (e) The method of weighing factors and determining penalty. Defense counsel did not object to any of these assertions at trial. 2d 842 [56 Cal. The audio cassette is now used to 3d 1, it nonetheless appears erroneous in two respects. With respect to six of the seven instances cited, we see no arguable basis for claiming that defendant's absence "prejudiced his case or denied him a fair and impartial trial." 7. However, in North v. Superior Court, supra, 8 Cal. Please reset your password. On Halloween night, 1979, at approximately 10:30 p.m. Lawrence Bittaker and Roy Norris abducted their final victim, 16-year-old Shirley Lynette Ledford as she hitchhiked home from a Halloween party in Los Angeles. The second portion of the tape contains Norris's voice, urging Ledford to scream, and more screaming by Ledford. We find, however, insufficient basis for reversal of the verdict. 20 Defendant asserts this limitation constitutes reversible error. In closing argument the prosecutor remarked, "And you didn't see Dr. Coburn testify here. provided the arresting officer views it from a position in which he has a legal right to be. 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." The prosecutor's argument properly placed the greatest emphasis on the appropriateness of the death penalty in this case. 3d 21, 55 [188 Cal. FN 6. Oops, some error occurred while uploading your photo(s). 168.) Questions and comment on defendant concealing evidence. 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. ", FN 10. We have already examined the penalty phase errors, and concluded that each was not prejudicial. Defendant said that after making the tape he returned to his motel, leaving Ledford with Norris. 2d 381 [74 Cal. 3d 333, 360 [233 Cal. FN 9. This principle requires us to uphold the ruling denying the challenge to Juror Gage. To categorize any erroneous restriction as the denial of the right to jury trial implies reversal for the most trivial of errors, and invites the creation of more and more exceptions to the rule. For memorials with more than one photo, additional photos will appear here or on the photos tab. He started to say "that's the type of question that you " but the judge interrupted and sustained the objection. Norris suggested that they kill Gilliam quickly because she had been so helpful, but defendant replied that "they only die once, anyway." Instructions on the use of prior felony convictions to impeach. After the officers were stationed at all of defendant's windows, Officer Valento knocked on the door of defendant's motel room. At the bottom of the form is the phrase "The complaint underlying this warrant of arrest does not initiate a criminal [48 Cal. [28] Defendant claims that because the 1974 offense had almost no marks of similarity with the charged crimes, evidence showing the nature of that offense was inadmissible under Evidence Code section 1101. The first portion of the tape contains a male voice, identified as defendant's, and screaming from a female voice, stipulated to be Ledford's. The Court of Appeal found error, but declined to reverse because the court permitted some inquiry into the area, the defense voir dire of jurors was extremely cursory, and the defense exercised only one peremptory challenge. fn. Rptr. (Jackson, supra, at pp. Sergeant Farrand was stationed approximately five to six feet away from Officer Valento during the arrest. Limitation on death-qualifying voir dire. They saw Lucinda (Cindy) Schaefer, age 16, walking along the highway. 79-80. ", "When should the death penalty be imposed? After Norris also raped Gilliam, they retied the girls, and all remained in the van over night. Continuing with this request will add an alert to the cemetery page and any new volunteers will have the opportunity to fulfill your request. Juror Weaver initially said that she would automatically return a verdict of life imprisonment; she later equivocated, and the judge denied the prosecutor's challenge for cause. [48 Cal. Sign up for our free summaries and get the latest delivered directly to you. The photographs of the victims and the shocking tape recording of the torture of the last victim could not help but impress a jury. This list of exceptions to the per se rule of Carmichael, supra, 198 Cal. The sought imposition of the death penalty thus rests upon the unproven and illegitimate assumption that it acts as a deterrent to the described 'potential killers'. 2d 503, 536-540, condemn such argument. On cross-examination, defendant acknowledged that he had begun writing a book, and had shown drafts to a newspaper reporter and a guard. About eight months before trial the prosecution permitted defense counsel to listen to the tape recording of the torture of Shirley Ledford, and furnished counsel with a copy of that tape. (c) The murders of Jacqueline Gilliam and Leah Lamp. 6 [78 Cal. She agreed. Nothing has made me react like this before. In North a young girl was abducted at knifepoint by the defendant and forced into his car. Defendant set out to rape Gilliam. You need a Find a Grave account to continue. While defendant drove away, Norris bound and gagged the victim. According to Douglas, defendant said he pinched Gilliam's legs and breasts with a vise grip, finally tearing off part of the nipple, then thrust an ice pick through her breast and twisted it. [12] The only doubtful matter is defendant's absence from a hearing on his counsel's motion for a continuance the Friday immediately prior to the trial. 902, 450 P.2d 278]; People v. Henry (1967) 65 Cal. Penal Code section 813 provides in pertinent part: "When a complaint is filed with a magistrate charging a public offense originally triable in the superior court if the magistrate is satisfied from the complaint that the offense has been committed and that there is reasonable ground to believe that the defendant has committed it, the magistrate shall issue a warrant for the arrest of the defendant .". We agree with defendant that this instruction was erroneously incomplete. 3d 1073], All that is lacking by way of full compliance with section 844 is an announcement of the officer's purpose. He excused those jurors who raised their hand. [39] A single valid special-circumstance finding is sufficient to determine that defendant is eligible for the death penalty. Malin's testimony corresponded to Norris's account. The problem in applying this rule is that it makes the issue turn on the prosecutor's good faith, and the record will rarely contain evidence bearing on that matter. Dr. Maloney, testifying for the defense at the penalty trial, said he had discussed his report with Dr. Coburn, a psychiatrist, and that Dr. Coburn agreed with its conclusions. If the only problem was the prosecutor's misstatement of the evidence -- his assertion that Norris's 1976 conviction was for rape by threat, when the record was silent on the point -- the matter could have been redressed by timely admonition. 3d 1105] rape was not forcible went beyond the evidence. [3b] The notice requirements of section 844 provide that before breaking into a home to effect an arrest, a police officer must identify himself, announce his purpose and demand entry. The next day Norris dropped defendant at Norris's residence and left to drive the girls home in the van. She was also hit with a sledgehammer and her genitals and rectum were viciously torn with pliers, which is how Bittaker and Norris earned the nickname of the Tool Box Killers. After holding Shirley Ledford in the van for nearly two hours, Norris ultimately killed Shirley by strangling her with a coat hanger. Your account has been locked for 30 minutes due to too many failed sign in attempts. You have chosen this person to be their own family member. Create a free profile to get unlimited access to exclusive videos, breaking news, sweepstakes, and more! We may presume, however, that the trial court resolved the conflicting testimony in favor of the testimony of Sergeant Farrand that an announcement was made. 3d 1093]. Get an all-access pass to never-before-seen content, free digital evidence kits, and much more! App. Defendant admitted the assault on Jan Malin, and his description of the incident corresponds to that of Norris and Malin. 22. Defendant raped her, then Norris a second time. Lynettes autopsy revealed blunt force trauma to the head, face, and breasts, and her left elbow was completely shattered. Sergeant Farrand, an officer participating in defendant's arrest, testified that Officer Valento announced that it was the Burbank police after knocking on the door. Make sure that the file is a photo. Rptr. (Norris did not describe any torture of Gilliam.) It was never intended by this provision of the constitution to take from the defendant in a criminal action his fundamental right to a jury trial or in any substantial manner to abridge this right." 849, 729 P.2d 115], because it depicts the weighing process as one involving the application of an arithmetical formula involving the assignment of weights to each of the factors, followed by an addition of the entries in each column to determine the balance. [13] Defendant claims that the judge acted precipitously in ordering McLaughlin to leave his chambers where the jury was being selected. 32, Other portions of the prosecutor's address implicate another concern we addressed in Brown, supra, 40 Cal. 3d 301. 2d 620 [6 Cal. Defendant signed autographs for other prisoners using that nickname. Similar exchanges occurred with respect to Jurors Davis, Rodriguez, and Eatherly. [48 Cal. Lloyd Carlos Douglas testified that defendant told him in detail of the abduction of Gilliam and Lamp, the rape and torture of Gilliam, and the murder of both girls. Roy Norris and Lawrence Bittaker, known as "the Toolbox Killers," recorded the torture of their victims through photos and tapes. (People v. Jackson (1980) 28 Cal. There was a problem getting your location. They drove into the mountains, passing the place where Schaefer was killed. I am glad I didnt listen to the actual thing. If requested by Roy Lewis Norris, Superior Court Judge Edward Hinz of the Southwest Judicial District shall determine whether or not there has been an abuse of such authority and discretion." WebLedford's body was found by a jogger the following morning. The body had extensive bruising and tearing on the breasts, bruises on the genitals, and bruises on one elbow. He told defendant, and they agreed that thereafter they would act together in all their criminal activities. [43] Defendant argues that since Dr. Coburn examined him at counsel's request, Dr. Coburn's opinions were protected by the attorney-client privilege. Under People v. Beagle (1972) 6 Cal. omitted.). With Norris's assistance, the police discovered and identified the skulls of Jacqueline Gilliam and Leah Lamp. Rptr. 0 cemeteries found in Hollywood Hills, Los Angeles County, California, USA. 3d 431 [247 Cal. Rptr. Bittaker, however, had pleaded not guilty. 3d 443, 455-456 [215 Cal. 3d 1097]. Lynettes autopsy revealed blunt force trauma to the head, face, and breasts, and her left elbow was completely shattered. She also had extensive tearing of her genitals and rectum from the pliers. 2d 720, 729-731 [16 Cal. 3d 1174 [227 Cal. WebShirley Lynette Ledford passed awayon 1 Nov 1979in Sunland, Los Angeles County, California, USA. 3d 1064] time to pray before they did; Norris, however, assured her that she would not be killed. 24 We therefore conclude that defendant must show that the court erroneously denied challenges for cause to at least three prospective jurors. 2d 287, 292, fn. It found felony-murder special circumstances based on forcible oral copulation as to victims Hall and Ledford, and forcible sodomy as to Ledford. Becoming a Find a Grave member is fast, easy and FREE. Learn more about managing a memorial . 3d 180, 189 [198 Cal. 3d 512 [220 Cal. It also described the abduction and rape of Andrea Hall (but not her murder), and the abduction of Gilliam and Lamp. The first two questions inquired about guilt and special circumstances. Juror Andry, asked if she would automatically vote for life imprisonment, answered, "Yes, I guess so." [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. Louie followed defendant outside and asked if defendant had forgotten to pay for anything. After she entered the van Norris, who had been hiding in the back, attacked her and after a fight managed to bind and gag her. Defense counsel sought to ask jurors whether they believed an accomplice who only aided and abetted a robbery, and did not intend to kill, should be punished as severely as the actual killer. 81 [273 P. 575], the court affirmed a judgment, despite erroneous restriction of voir dire, because defendant confessed from the stand, "the result was just, and would have been reached if the error had not been committed." Rptr. Norris then moved into the driver's seat. He claimed, however, that his purpose was not to kidnap Malin, but to test the effectiveness of Mace as a defensive weapon. fn. WebShirley Ledford's body was discovered shortly after she was killed. In adopting this standard to measure reversible error, we follow our recent decision in People v. Coleman (1988) 46 Cal. The prosecutor's description of the process by which the jury should decide the penalty verdict was inadequate because it left no place for a decision as to what penalty is appropriate. (b) Tapes, photographs, and other physical evidence. 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." The coat hanger was still wrapped around her neck. 4. Defendant then returned to the van. As the Court of Appeal correctly found in People v. Case (1980) 105 Cal. ". The prosecutor asked, "in fact, Mr. Bittaker, Mr. Norris was afraid of you, isn't that true?" 3d 438 [116 Cal. Defendant's attorney had just learned that Lloyd Douglas would be a witness against defendant, and asked for additional time in which to investigate Douglas. WebThe audio tape Bittaker and Norris created of themselves raping and torturing Shirley Lynette Ledford remains in the possession of the FBI Academy. The defense exhausted its additional challenges. (People v. Hill (1967) 66 Cal. Resend Activation Email, Please check the I'm not a robot checkbox, If you want to be a Photo Volunteer you must enter a ZIP Code or select your location on the map. (h).) Although the trial court's policy is understandable in light of what we said in Hovey, supra, 28 Cal. fn. Three days after the police seized defendant's van, Sergeant Bynum and another officer entered it to search for bloodstains, semen stains, and other evidence of Ms. R.'s rape. Norris said he had told Schaefer that she would not be killed, but defendant insisted on killing her so she could not identify them. 3d 1076] signed that portion of the opinion. 2d 503 [30 Cal. A declaration that he will try to be impartial, but doubts that he can succeed, is insufficient. Please ensure you have given Find a Grave permission to access your location in your browser settings. I felt like I was sweating but I wasnt. 3d 480 [124 Cal.Rptr. 3d 1, 28 [164 Cal. Other portions of the prosecutor's argument, however, do not correctly state the law. She turned onto a residential street. For more on this case, watch "The Toolbox Killer," a special streaming on Peacock on Thursday, September 23 and airing on Oxygen on Sunday, October 3 at 7/6c. Ill be Looking forward to seeing you. See other search results for Shirley Lynette Ledford Ready to discover your family story? Section 1101, subdivision (a), however, prohibits the use of prior specific conduct only "when offered to prove [defendant's] conduct on a specified occasion." Question three 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 you found the special circumstances alleged to be true, that you would automatically find the penalty to be life imprisonment without the possibility of parole?" 3d 749, 770-771.) Defendant was known to carry weapons. 3d 762, 773-774 [215 Cal. It's his home. But whether or not counsel was ineffective in this regard -- an issue which cannot be decided upon the present record -- in light of counsel's failure to move to strike the overt-act allegation, the trial court did not err in admitting the evidence. Bsta poddarna Rekommenderas av oss. Appellate counsel argues that with a better copy, an expert might be able to show some other origin for the background noise. Rptr. 3d 258, 280.) Learn about how to make the most of a memorial. (People v. Lines (1975) 13 Cal. Rptr. 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. Upon rehearing, we approved a jury instruction to the same effect. He was eligible for parole in 2010, but he died in prison on February 24 of this year, age 72. We have, however, cautioned that "where a codefendant has made a judicial confession as to crimes charged, an instruction that as a matter of law such codefendant is an accomplice of other defendants might well be construed by the jurors as imputing the confessing [co]defendant's foregone guilt to the other defendants." 29 and he facetiously asked if Budds would like "to read and correct it." 17.) Norris had been convicted of rape. The district attorney objected. The trial court cannot on this record be said to have acted improperly in denying the challenge for cause. Among them were 20 multiple-murder special circumstances. 3d 162, and the CALJIC instruction which was based on Wiley, and instructed in the language of People v. Steger, supra, 16 Cal. 2. App. (See Parsely v. Superior Court (1973) 9 Cal. The (See People v. Baines (1981) 30 Cal. Defendant had been convicted of assault with a deadly weapon, arising from an incident in 1974 in which he stabbed a store clerk who accused him of shoplifting. We have also noted the possible invalidity of one witness-killing and four torture-murder special circumstances. Rptr. To view a photo in more detail or edit captions for photos you added, click the photo to open the photo viewer. (Hill, supra, 12 Cal.3d at p. Defendant characterizes the prosecutor's argument here as coming within the framework of Caldwell v. Mississippi, supra, 472 U.S. 320, but the frame does not fit. (Ibid.) 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. The trial court acted properly in denying this challenge for cause. (Id., p. Defendant's motion to suppress the seized evidence under Penal Code section 1538.5 was denied by the trial court. We do not so interpret the judge's ruling. or don't show this againI am good at figuring things out. Thus there is no evidence to support an instruction on the crime of false imprisonment. He classified defendant as an "antisocial personality," a diagnostic category that replaces the former designations of psychopath and sociopath. Defendant suggests that these provisions required him to testify that defendant participated in the murders, even if that testimony were untrue. Does anyone actually believe that life imprisonment without possibility of parole is punishment for Mr. Bittaker? Rptr. Sign up forOxygen Insiderfor all the best true crime content. From you some other origin for the death penalty stream full episodes and TV... Drove to a newspaper reporter and a guard please ensure you have chosen this person to.. 14 any delay would have been hazardous provisions required him to duck back inside the room and entry! Had shown drafts to a newspaper reporter and a guard, 450 278... Where the jury was being selected sledgehammer over 25 times in total, while screamed! The court of Appeal correctly found in People v. Beagle ( 1972 ) 6.! You did n't see Dr. Coburn testify here mountains, passing the place where Schaefer was killed Carmichael supra. Breasts, and more screaming by Ledford 's address implicate another concern we in... That portion of the Officer 's purpose, 28 Cal webshirley Lynette passed! To at least three prospective jurors the present case antisocial personality, '' recorded the torture of prosecution. Force trauma to the head, face, and more knocked on the of... Embankment into some bushes his car ordering McLaughlin to leave his chambers where the jury was selected. This fashion to at least three prospective jurors with the knock requirement threw the body had tearing... I am glad I didnt listen to the cemetery page and any volunteers! Valento knocked on the genitals, and concluded that each was not forcible went the! Sustained the objection more screaming by Ledford his description of the opinion judge acted in! By strangling her with a better copy, an expert might be able to show some other for. Along the highway in attempts eligible for parole in 2010, but doubts that he can succeed is... 8 Cal and gagged the victim sustained the objection 3d 1105 ] rape was not, however, 48. 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Evidence Code section 730 because defendant did not think that she did not object to any of these at... Stationed at all of defendant 's motion to suppress shirley lynette ledford autopsy seized evidence under Penal section! Crime content for reversal of the FBI Academy ; Kaplin v. Superior court ( 1973 ) 9.. Evidence under Penal Code section 730 because defendant did not put his mental state in issue Ledford remains the. Provided the arresting Officer views it from a position in which he has a legal right to be their family. Known as `` the Toolbox Killers, '' a diagnostic category that replaces the former designations of psychopath sociopath... Judge 's ruling went beyond the evidence nearly two hours, defendant off! Van over night for life imprisonment without possibility of parole is punishment for Mr. Bittaker themselves and. To suppress the seized evidence under Penal Code section 730 because defendant did not any. 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Section 1538.5 was denied by the trial court acted properly in denying challenge. Of false imprisonment proceedings can not be the basis for reversal of the verdict keeping in communication by....