Semen was only present in the swab that was labeled as the control. Willey did so and concluded there was a match with defendant. How could I? . [¶] We don't know if Ms. Doe could identify any of the three donors, aside from the two assailants. Counsel explained that defendant "feels, in essence, that he would like more time to prepare for the trial. The trial court properly denied this motion. The facts that support defendant's argument that the pre-accusation delay in this case was calculated to obtain a tactical advantage and thus amounted to a due process violation are as follows: The DNA profile from Jane Doe's arm was uploaded to the CODIS on December 6, 2002. . Defendant concedes his new trial motion raised the same issues he now asserts on appeal. And you are the sole judges of what are reasonable and unreasonable inferences. Under these circumstances, the court acted within its discretion in denying defendant's Faretta motion. Investigators followed Lazarus to Costco and surreptitiously picked up a straw she had used and discarded, Nuttall said. The court did not find defendant "very credible at all"; (4) the time between the preliminary hearing in the matter and the present trial date was 16 months and a significant amount of work and investigation had already been done; (5) "there would be a significant disruption in the administration of justice and unreasonable delay if I did grant the motion and a continuance in this matter." This argument was rejected in People v. Farley (2009) 46 Cal.4th 1053, 1123, and we do so here as well. People v. Callahan (1999) 74 Cal.App.4th 356, 360 is similarly inapplicable. " (Mullens, supra, 119 Cal.App.4th at p. Cliff Shepard, the cold case investigator in the elite Robbery Homicide Division, early in 2005. (Lynch, supra 50 Cal.4th at p. 722, fn. A gold grill found at the scene of this crime was also swabbed for DNA. Alene Tchekmedyian covers the Los Angeles County Sheriff’s Department. Pursuant to section 801, the People were required to commence a criminal prosecution against defendant within three years after the offense was committed. Rasmussen had been beaten and shot three times in a struggle. Vaccine access codes for hard-hit Black, Latino communities improperly used in other L.A. areas. He said the LAPD officer mentioned in the file, a former girlfriend of the victim’s husband, was not involved. [¶] Therefore, you may infer that the defendant has no disposition to commit sexual offenses. Francis gave her account in a downtown courtroom Tuesday, testifying in a retaliation lawsuit she filed against the LAPD in 2013. All I could do is flip it over one side, flat surface, flip it over to the other side and swab it. In essence, he contends that the fact that Jane Doe might, over seven years after a brutal sexual assault, inaccurately report events that occurred earlier on the day of the attack, calls into her question her credibility as a witness. With regard to the forcible rape in concert conviction, the trial court sentenced defendant to an indeterminate term of 30 years to life, which included an enhancement for great bodily injury and a term of life with the possibility of parole for the torture conviction. 726.). There was no evidence that the victim ever had consensual sex with defendant. . [¶] . "Forensic Files" Trail of a Killer (TV Episode 2011) cast and crew credits, including actors, actresses, directors, writers and more. (c)); kidnapping for rape (§ 209, subd. She testified "that teeth is in my dreams, my nightmares. Willey notified both Peixoto and Antioch Police Detective Fromme, who was investigating the 2008 incident. This therapy did not, however, completely "cure" her symptoms. The court observed "I've already ruled that this so-called expert, who is really not an expert on anything that is relevant here and certainly could not render an opinion that would create an inference that any jury could accept that, in fact, this individual person sitting right here was one of the persons with whom she had consensual relations, that doesn't open the door, raise the issue." It stands out. California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). lied when [over seven years after the assault] she said she had consensual sex with [former boyfriend] . This issue was settled in People v. Crew (2003) 31 Cal.4th 822 a case in which our Supreme Court rejected this argument. . It was also stuck to a condom wrapper as well." Neither Stockwell nor Peixoto did so. Thus, a trial court properly considers not only the time between the motion and the scheduled trial date, but also such factors as whether trial counsel is ready to proceed to trial, the number of witnesses and the reluctance or availability of crucial trial witnesses, the complexity of the case, any ongoing pretrial proceedings, and whether the defendant had earlier opportunities to assert his right of self-representation." Paul Holes takes the team through a series of cold cases that sat unsolved for years until modern DNA testing shed new light on the killers. She already had to undergo the hardship finding out the case was assigned to a trial department, we were moving toward picking a jury and starting with the evidence portion of the trial and finding out there was a legal reason why we would have to start all over again with a different defense attorney.". ), Here, there was no evidence that Jane Doe had ever worked as a prostitute and the trial court acted well within its discretion to exclude evidence of Jane Doe's consensual sexual activities with a former boyfriend on Evidence Code section 352 grounds as well on the ground it was not relevant to the Jane Doe's credibility. That was the question the prosecution asked. . Sherri Rasmussen (February 7, 1957 - February 24, 1986) was an American woman was found dead in February 1986 in an apartment she shared with her husband, John Ruetten, in Van Nuys, California. This information was "simply typed into the computer program that allows us access to this database and we use what's called an upload. She later specified that this penetration was vaginal and possibly anal. Dayton Rogers, born in 1953, has a criminal background dating back to the age of 16 when he was caught with a friend shooting at passing cars, trying to break windshields. The reader can take this information and start to put the pieces of the puzzle together: could there really have been so many unintentional failures in so many different areas within a 24-hour period? ), The factors a trial court may consider in assessing the timeliness of a Faretta motion include " 'the quality of counsel's representation of the defendant, the defendant's prior proclivity to substitute counsel, the reasons for the request, the length and stage of the proceedings, and the disruption or delay which might reasonably be expected to follow the granting of such a motion.' But in an email congratulating Francis on a promotion in 2009, he alluded to Lazarus’ recent arrest in saying he owes her a toast. On November 30, 2011, defendant moved for self-representation under Faretta, supra, 422 U.S. 806. Three of the donors were not the assailants. In July 2008, defendant was again arrested, and again swabbed for DNA. A mixture of DNA from Male A and Male C was present on this condom. The woman also pointed to the community center through the park as though she was saying "somebody over there." Rasmussen, the murder victim, was found by her newlywed husband bludgeoned and shot in their Van Nuys townhouse, where overturned furniture and blood on the walls showed there had been an intense struggle. and that she lied because of a consciousness of guilt because, in fact, what she was doing was having sex with people for drugs, and that the defense would provide evidence of that in the form of expert testimony . ." Citing Jackson v. Virginia (1979) 443 U.S. 307, defendant argues that he was convicted on insufficient evidence in violation of the fifth and fourteenth amendments of the U.S. Constitution. Further, the court explained that the expert was not permitted to "opine as to her [the victim's] credibility because she may or may not have accurately reported who she was with the night before she was gang-raped." Stephanie Lazarus appears in court for her arraignment on murder charges June 9, 2009. On February 24, 1986, the body of Sherri Rasmussen (born February 7, 1957) was found in the apartment she shared with her husband, John Ruetten, in Van Nuys, California, United States. (Serna v. Superior Court (1985) 40 Cal.3d 239, 250.). An Iowa jury has taken less than a day to acquit Theresa 'Terri' Supino of the 1983 double homicide cold case that has come to be known as the Copper Dollar Ranch murders. We decline to draw this illogical inference. This was an unusual story from many aspects. The main male DNA donor on the underwear was labeled as Male A. "If defendant fails to show prejudice, the court need not inquire into the justification for the delay since there is nothing to 'weigh' such justification against. In addition, liquid blood samples were obtained from defendant. Having failed to do so, we reject his argument. . She called the detective handling the cold case. Jane Doe was never asked whether she had recent consensual sex with a younger black man. This man, according to Jane Doe, "stood out." She indicated that either No. The trial court stayed the sentence on kidnapping for robbery and kidnapping for sexual purposes, pursuant to § 654. Now officials are hoping to fix it, The road where Tiger Woods crashed has been notorious for decades. (People v. Rioz (1984) 161 Cal.App.3d 905, 916-917. It draws more sympathy than anger. Before confirming, please ensure that you have thoroughly read and verified the judgment. [¶] You're having sex in a dark alley— [¶] . At the hearing on the motion to dismiss, defendant testified that he was prejudiced because he was unwilling to testify in his own defense at trial and run the risk of being impeached by the conviction for this earlier crime. Moreover, merely the absence of evidence of criminal behavior is not inculpatory (as the People note, this is simply the presumption of innocence), while evidence of an acquittal is relevant to rebut the prosecution's evidence of similar, prior criminal conduct. Nuttall agreed. The kit contained two envelopes that were labeled "Wood's lamp positive." Prejudice must be actual rather than merely possible. ." In addition to these items, he also found a condom wrapper, a white sock, a black hair wrap, white underwear, a chunk of hair "that was around a puddle of blood." She described her general strategy with regard to the DNA evidence, a strategy that took into account defendant's theories and ideas. Specifically, "[i]n the interval two witnesses died and another potential defense witness [was] alleged to have become unavailable. Cymande Russell, who lived near the Crescent Park Apartments in Richmond, testified that on the morning of June 10, 2001, she was walking through the park near the apartments. Sherry was 5´4˝ and weighed 127 pounds when she died. Forensic science, also known as criminalistics, is the application of science to criminal and civil laws, mainly—on the criminal side—during criminal investigation, as governed by the legal standards of admissible evidence and criminal procedure.. Forensic scientists collect, preserve, and analyze scientific evidence during the course of an investigation. Further supporting the court's conclusion that defendant's motion was part of an effort to delay trial, the court found that defendant had only a "vague" rationale for his desire to represent himself and even this rationale was not credible. (c)); kidnapping for rape (§ 209, subd. at p. Of particular importance was the swab on which Willey identified semen, which Holes tested to develop a DNA profile. Both DNA samples were uploaded to the CODIS and on December 7, 2008, CODIS again declared a match with the 2001 sample from Doe's arm. [¶] But unless and until you have that, all you're trying to do is to use whatever means you can to tell this jury that she's having sex with lots of men so that they can infer that your client must have been one of them and so they can infer that, therefore, he can't be, because of the DNA hit, one of the people who did this crime to this victim. We see no reasonable likelihood that the jury interpreted the trial court's admonition to preclude it from considering relevant possibilities raised by the evidence. INVESTIGATORS Jim Bevins—investigator, Sacramento County Sheriff’s Department Ken Clark—detective, Sacramento Sheriff’s Office Carol Daly—detective, Sacramento County Sheriff’s Department Richard Shelby—detective, Sacramento County Sheriff’s Department Larry Crompton—detective, Contra Costa County Sheriff’s Office Paul Holes—criminalist, Contra Costa County Sheriff’s Office John Murdock—chief, Contra Costa County Sheriff’s Crime … She couldn't see who was doing it. to have [counsel] removed pursuant to a Marsden motion." There was also the presence of a "very trace" contribution from another sperm donor. He drew up a list of five women who were possible suspects and, within months, zeroed in on No. [Citation.]" She labeled the swabs, waited for them to dry, double checked the labels, and put them into an envelope to be handed to the police detective assigned to the matter. Pulling the kidnapping away from hoax, and more towards mental illness and addiction takes some of the criminalist liar out of the equation. Eaton's physical exam revealed that, in addition to abrasions, scratches, bruises and areas of tenderness on her face, shoulders, ribs, thighs, shins, feet, arms, hips and neck, Jane Doe had burns on her ear and scalp. Defendant told the court that he did not "want to get rid of my lawyer." As time went on, she brought her concerns to more and more supervisors within the department. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. [Citation.]" She had a flat affect. 1 had threatened to kill her with a gun and when he lit her hair on fire with a lighter "he kept saying he would kill me. Defendant, however, asserts that defendant's semen could have been on Jane Doe's arm because of innocent circumstances. The woman's face was burned. Majority of her hair was missing. However, moments later, defendant told the court that he "wasn't withdrawing my request." On October 29, 2002, Holes received this sexual assault evidence kit. Instagram, Twitter, Facebook, Images, Youtube and more on IDCrawl - the leading free people search engine. On December 9, 2008, Willey notified both Peixoto and Antioch police Detective Fromme, who was investigating the 2008 incident, of the match. Jackson went to that area and "saw some hair, some blood, a bra, and condom." The trial court properly denied this instruction, under the general principle that it "need not give a pinpoint instruction if it is argumentative" (People v. Bolden (2002) 29 Cal.4th 515, 558), "that is, an instruction 'of such a character as to invite the jury to draw inferences favorable to one of the parties from specified items of evidence.' On a number of occasions during the proceedings, the defense sought to introduce evidence of Jane Doe's prior sexual and drug history as well as expert testimony regarding the likelihood that a woman who was addicted to crack cocaine would trade sexual services for drugs. . She took a swab of that area. B. Sufficiency of the Evidence. (Ibid. Eaton testified based on this exam that Jane Doe suffered from "areas of tenderness along the ribcage," she had also sustained bruises and abrasions on her right and left arms, her back, hands, knees, legs and neck. In its response to the motion to dismiss this case because of the delay in prosecution, the People stated only that the original investigator in this case was out on injury leave in 2006, when the first match was made and the homicide unit, which was then given the case, was dealing with a spike in homicides and violent crimes and "the end of the year is a time of natural case-load backlog." She was wearing a black and white wool jacket with a hood. She alleged that after she raised concerns of a cover-up, she was forced to undergo a mental health evaluation on a bogus claim that she slept with a gun, was labeled a problematic witness by a deputy district attorney and blocked from testifying in the high-profile Grim Sleeper trial. Francis said she took her findings to Det. Before joining The Times in 2016, she reported on crime and policing for the Glendale News-Press and Burbank Leader. With regard to the internal surface of the condom, she found a clear match with Male C. She also found a low level sperm donor, which might have matched Male A, although she could not say so conclusively. Here, the trial court correctly concluded that defendant failed to meet his initial burden of showing actual prejudice. San Pedro, Los Feliz, even Los Angeles: Why do we pronounce our place names this way? Three of the donors would be recent consensual partners." The simple answer to this point is that the court could in fact, find that defendant's request was intended to delay the proceedings based on defendant's past behavior as well as his "vague" rationale for bringing the current motion. That evening, she had a few drinks with someone. 1 had gold teeth. The victim, Jane Doe, who was 52 when she testified, described the events that occurred between the late night of June 9, 2001, and the early morning of June 10, 2001. . ., a jury could find that you don't have a propensity to commit a sexual offense. (People v. Dunn-Gonzalez (1996) 47 Cal.App.4th 899, 911.) . In addition, the jury also found true, pursuant to the One Strike Law, that defendant personally inflicted great bodily injury and torture and had also kidnapped the victim. In other words, unless or until . .' . On July 18, 2001, she received a sexual assault evidence kid for Jane Doe. The DNA from the straw was consistent with that of the bite mark swab. A former Ethics Commission staffer said she and others were told that a Los Angeles City Council member wanted more “permissive” advice on gift laws. Jane Doe said good night and turned toward the street that ran along the park. Sherry fills an important hole in JFK research, showing how the Dallas Police Department violated protocols that were in place as early as the 1950s. Evidence Code section 1103, subdivision (c)(1), provides that "opinion evidence, reputation evidence, and evidence of specific instances of the complaining witness' sexual conduct, or any of that evidence, is not admissible by the defendant in order to prove consent by the complaining witness." In Los Angeles, founded for Spain and a part of Mexico for generations, we pronounce our Spanish-language place names in a unique way. On the external portion of the condom, she located a mixture of DNA from three sperm donors on one of the condoms. Defendant stated that he did and had "numerous amount of reasons why I need to continue this trial because me and my past attorneys . Two months later, Kim Willey, a Contra Costa County Criminalist wrote to her supervisor and expressed frustration that the Richmond Police Department had failed to investigate this, and other DNA matches in rape cases. Police records of possible relevance [were] lost or destroyed." Jane Doe pointed to the north side of the community center as the place where she had been attacked. That’s when Det. L.A. restaurants struggle with a new form of dine-and-dash. Get 1 point on providing a valid sentiment to this . Murder of Sherri Rasmussen. Defendant's first trial date was February 1, 2011. Defendant also weighed in on his request, stating that he believed a continuance was necessary because he had not been provided with a number of reports and documents, particularly with regard to the DNA evidence in the case and, in general, desired "to look more into my case before I go forth . She had been beaten and shot three times in a struggle. In his first trial, defendant sought a continuance, sought to represent himself, and brought two Marsden motions, the second of which was ultimately successful. The People objected, pointing out they were ready for trial and "[i]t would be a hardship for the victim in this case if the matter were to be continued. Pinpoint Instruction Regarding DNA Evidence (CALJIC No. The trial court sentenced defendant to 17 years in state prison for the robbery and forcible oral copulation in concert, with an enhancement for great bodily injury. 2.50.01 to add language that would permit the jury to infer from the absence of evidence he had committed a sexual offense, he did not have a propensity to commit such crimes. The widow of a retired criminal forensic scientist who hanged himself after he was linked to a 1984 murder is suing police for causing her husband's suicide. This is particularly true when there is no evidence the delay was for the purpose of weakening the defense." So, ladies and gentlemen, maybe Jane Doe didn't know Tremaine Oliver by name in 2001, but that does not prove beyond a reasonable doubt that she did not have consensual sex with him. 51009877). 569-570.) On appeal, the court reversed. If a match was made, Stockwell would be identified of that fact. The court did not err in admonishing the jury not to accept this invitation. In a California Department of Justice DNA Lab report dated November 6, 2006, the CODIS declared a match between the two DNA profiles. . The trial court stayed the sentence on kidnapping for robbery and kidnapping for sexual purposes, pursuant to § 654. didn't agree on anything. 722. Get 2 points on providing a valid reason for the above (Callahan at p. Our review of the record indicates that the court's hypothetical statement was not a significant factor in the court's reasonable decision to deny defendant's Faretta motion. Given that the nature of this instruction was to do precisely that, the court did not err here. ), In general, it is a rare case in which evidence that a victim had previously engaged in prostitution will be admissible under Evidence Code section 782. On March 5, 2009—over two years after the initial DNA match—defendant was charged with the crime in this matter. Under this test, it is only when a defendant meets his burden of showing actual prejudice that the prosecution must justify the delay. (Id. Richmond Police Detective Gray was assigned to the Doe case and in February 2009 contacted Willey and asked her to independently analyze the DNA match to confirm the CODIS conclusion that the two were identical. His role was to "collect evidence and take photos." Four years went by before that officer — Det. (Dickey, supra, 398 U.S. at p. She and several others received a Police Meritorious Service Medal, the highest award for a civilian employee. The defense theory was that because more semen donors were found on Jane Doe's body and clothing than identified attackers, a reasonable doubt existed as to whether defendant was one of the assailants. " (People v. Mincey (1992) 2 Cal.4th 408, 437.) Although we find these half-hearted explanations in no way justify the delay in this matter, because defendant was not prejudiced by the delay no due process violation occurred. He was the "main one that was doing all the hitting and kicking . This request was based on defendant's desire to "waive time and put his trial over." David Stockwell, a former forensic supervisor in the Contra Costa County crime lab who was, from 2002 until 2007 the CODIS administrator, testified regarding the procedure for submitting a DNA profile of an unidentified offender to the CODIS. James Nuttall took it on, six months after a storage box filled with the murder files mysteriously showed up at his station in Van Nuys. The pervasive fear is gone, though not everyone is ready to resume pre-pandemic habits after receiving both vaccine doses. The revelation debunked a nearly two decade-old theory that the brutal killing of Sherri Rasmussen in 1986 was the result of a botched burglary by an unidentified two-man team. A search of defendant's house in Antioch that same day resulted in the discovery of a gold grill. As for defendant's request for self-representation pursuant to Faretta, the court concluded that defendant "does not understand fully the consequences of—until I told him of the punishment, he does not understand any possible defenses he may have."
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