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Judicial Watch • Jw End of Death Penalty Iniative Final Final

Jw End of Death Penalty Iniative Final Final

Jw End of Death Penalty Iniative Final Final

Page 1: Jw End of Death Penalty Iniative Final Final


Number of Pages:43

Date Created:November 1, 2012

Date Uploaded to the Library:February 20, 2014

Tags:penalty, habeas, Raley, Pinholster, Heishman, Jeanine, mickey, death, Crime, Alarcon, petition, hayes, laurie, Ninth, cooper, Supreme, California, Circuit, defendant, Obama, FBI, Supreme Court, court, district, EPA, IRS, ICE, CIA

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ldquo;THE END THE 
Index The new Initiative with the Title: The Savings, Accountability, and Full Enforcement 
 for California SAFE California  .................................................................................... Estimate Costs ................................................................................................................ Attack Upon the Initiative Process...................................................................................... Habeas Corpus .................................................................................................................... Deterrent Effect the Death Penalty ............................................................................... History the Crimes Death-Row Inmates  ................................................................. Opinions Crime Victims Who Have Defendants Death Row  ................................. 9th Circuit Mockery the Death Penalty ......................................................................... Alternatives Complete Aboliton the Death Penalty .................................................. 
10. Sources for Death Penalty Information  ............................................................................ The New Initiative 

 Opponents the California death penalty have launched yet another assault the popularly approved process. Again, the past, their arguments are both disingenuous and deceptive. And this time, their chicanery begins with the title their Initiative. 
 The authors the Initiative banish the death penalty call The Savings, Accountability, and Full Enforcement for California Act (SAFE California Act, Proposition 34.) 
 But, one might wonder, Why not call what really is? page the proposed Initiative, the following stated outright: 
(a) order best achieve the purpose this Act stated Section and achieve fairness, equality and uniformity sentencing, this Act shall applied retroactively. 
(b) any case where defendant inmate was sentenced death prior the effective date this Act, the sentence shall automatically converted imprisonment the State Prison without the possibility parole under the terms and conditions this Act.  The State California shall not carry out any execution following the effective date this Act. [emphasis added.] 
 Make mistake, Prop 34, passed, would eliminate the death penalty from 700-plus inmates currently death row.  Among those 700-plus inmates spared are the perpetrators some most heinous, depraved acts murder ever assembled one place the history the world. the mindset the death penalty opponents, and, indeed, their Initiative well, there distinction between the number human beings killed, the levels depravity, the horrifying impact their actions the victims' friends and loved ones Every murderer gets free pass, questions asked. 
 This very same proposal was carried bill the California State legislature Sen. Loni Hancock during the last session.  That bill never got enough votes get out committee. 
 Likewise 1999, initiative was requested and put forward for signatures exactly like the one now proposed with elimination the death penalty. never qualified. ESTIMATE COSTS 
 The central tactic those leading the opposition California's death penalty focus costs the public pursuing the death penalty the criminal justice system, that alone should the determinant factor meting out justice. article the Alarcon Law Review presents the central thrust the death penalty arguments. deals with issues such cost, deterrent effect the law, impact upon victims families and many other common areas discussion when comes evaluation the death penalty. 
 Yet, while decrying death penalty costs, the Alarcon Law Review article concedes that neither they nor the Commission before them have been able get any information from any state agency 
federal agency about death penalty expenses: 
 The Commission was unable locate any reliable sources within the state federal governments willing able discuss the record what the death penalty costs taxpayers.  The Commission retained the RAND Corporation determine the feasibility major study the overall costs incurred for the administration the death penalty California.  The RAND representatives assigned interview state officials part the study reported that many (if not most) the participants the death penalty process have strongly held views about the death penalty, and those views have implications for [their] ability gather the necessary data for the proposed study. 
[M]any the stakeholders the current death penalty process are wary the kind independent study [RAND] proposed, for fear that could end swaying opinion direction contrary their own convictions.  This wariness was expressed [directly and indirectly] (i.e., difficulties encountered getting connected timely fashion the right people). our experience, such ambivalence about study can make data collection extremely difficult  not effectively impossible. 
 The Commission eventually abandoned its effort determine with precision what the cumulative costs are administer the states death penalty.   
 Judicial Watch (JW) investigators encountered similar resistance their attempts gather data for this article, and they agree entirely with the Commissions conclusion that [p]roviding the public with reliable information about how the death penalty being administered California should not depend upon the discretion those who are charged with its administration. (Pages 63-64, Alarcon Law Review.) 
 The growing concern over the cost implementing the death penalty California and the lack publicly available information about these taxpayer-funded expenditures are matters particular concern view Californias developing budget crisis. And that one the foremost factors prompting undertake study its own.   
 Over two-year period, repeatedly requested death penalty cost data and related information from various state and federal agencies. has reviewed the data was able obtain, and other data gathered from published studies that offer some degree reliability effort determine what California spending taxpayer dollars the administration the death penalty. 
 The responses JW's inquiries were typically laden with caveats, disclaimers, other explanations why the data may may not reliable.   
When data was unavailable, the excuse most commonly offered for the lack cost information was that government entities not collect maintain such data, that they have not begun until very recently.  The California Department Corrections and Rehabilitation (CDCR), for example, does not track report what funds are expended any costs associated with administration the death penalty, including the costs associated with housing inmates death row California.   
Concerning executions, according the CDCR, [t]he cost carrying out execution California difficult assess. Staff assigned the execution team receive their regular, budgeted salaries.  The cost the execution procedure, including the chemicals utilized, minimal. 
 The real cost involved the capital punishment procedure related the court reviews, both those mandated the legislature well the appeal procedures initiated the convicted inmates legal staff.  These costs vary depending upon the resources the convicted inmate and the length the court procedures involved.  (Pages 65-66 Alarcon Law Review.) 
 The categories costs associated with Californias punishment system can broken down follows: (1) pre-trial and trial costs, (2) costs related direct appeals and state habeas corpus petitions, (3) costs related federal habeas corpus petitions, and (4) costs incarceration.  (Page Alarcon Law Review.) should noted that the case each the above categories, Alarcon's admittedly uninformed estimate the costs  not the expenses and cost furnished any government agency  that being used attack the death penalty. 
 What Alarcon wants the voters accept their guess the costs. And this guess costs their theme for the entire effort banish California's death penalty. ATTACK UPON THE INITIATIVE PROCESS 
 What most significant about the Alarcon article its attack upon the initiative process California. the initiative process (the peoples vote) versus law the legislature and the courts which Alarcon strenuously objects, indicated below: 
1.  Distinguishing Features Californias Initiative Process 
 [N]owhere the practice government voter initiative extreme California. 
 Several features Californias initiative process work together create systematic destabilization the states constitutional law and disruption the states legislative process.  The features include (a) the unusual ease with which voters are able amend the states constitution compared the amendment process employed other states; (b) the voters ability use the initiative process appropriate state funds for any cause without apparent regard for the budgetary impact;  the voters ability prevent the legislature from amending repealing voter-initiated law, even when law not performing anticipated has become unworkable; and (d) the sheer number voter initiatives that California voters are asked consider. (Pages 115-116 Alarcon Law Review.) 
 a. Frequent amendment the California Constitution through the initiative process creates 'perpetual instability.' 
 When the Framers drafted the U.S. Constitution, they devised brief document that was primarily limited setting forth the framework the system government.  Amending the Constitution was only possible through showing overwhelming popular support demonstrated three-fourths the states ratifying the amendment.  Amendments were deliberately made difficult order discourage changes that were not themselves fundamental. over 200 years there have been only amendments, and only since the adoption the 
Bill Rights 1791.  (Page 116, Alarcon Law Review.) 
 Justice Mosk described Californias relatively unrestricted initiative process follows: 
 '[I]nitiative promoters may obtain the signatures for any proposal, however radical concept and effect, and they can persuade percent those who vote any ensuing election say aye, the measure becomes law regardless how patently may offend constitutional limitations. [T]he fleeting whims public opinion and prejudice are controlling over specific constitutional provisions.  This seriously denigrates the Constitution the foundation upon which our governmental structure based.'  (Alarcon Law Review, pages 120-121.) 
 In People Anderson, 493 P.2d 880 (Cal. 1972), the California Supreme Court held that the death penalty California constituted cruel unusual punishment under the state constitution. short time later, the California electorate nullified the courts ruling Anderson when passed initiative that amended the California constitution provide that the death penalty does not constitute cruel unusual punishment California.  (Alarcon Law Review, page 120.) 
 James Madison, the Federalist Papers (No. LXXVIII), wrote, inter alia, The interpretation the laws the proper and peculiar province the courts. constitution is, fact, and must regarded the judges, fundamental law.  It, therefore, belongs them ascertain its meaning, well the meaning any particular act proceeding from the legislative body [or the people acting legislative capacity].  (Alarcon Law Review, 121.) 
 Make mistake about it: what being said here that the power the judiciary should rule over the will the people. 
 The Anderson case, cited above, exact example what the Alarcon initiative hatred all about.  The Supreme Court California (i.e., the judiciary), held that the death penalty constituted cruel and unusual punishment.  Later that same year, the California electorate nullified the courts ruling Anderson affirming that the death penalty does not constitute cruel unusual punishment. 
 Thus, the thrust the death penalty's opponents' campaign also away with the initiative process the people. the quote from James Madison states, The interpretation the laws the proper and peculiar province the courts. Note that Justice Mosk conveniently skirted the word interpretation his rendering  notwithstanding the body Madison's writings decidedly emphasizing the will the people above the courts, Congress, the executive branch. 
 So, the battle hand not only the issue death penalty law the battle the judiciary versus the peoples right the initiative process. short, drive ban the death penalty has ramifications reaching much further than one law. reaches the core issue who has the power govern: the people the judiciary. HABEAS CORPUS 
 Justice delayed, 19th century British Prime Minister Benjamin Disraeli famously wrote, is justice denied. And one the greatest causes the delay and denial justice the California death penalty system the overt abuse the writ habeas corpus.  Not only does the defendant get have writ habeas corpus the state court, but also entitled seek writ habeas corpus the federal court. other words, not only does get two whacks the same apple  but the most absurd feature that does not proceed even get counsel habeas petition state court until the direct appeal finished.  This could result delays five ten years more until the direct appeal finished.   
 Because that time lapse, the defendant can claim infinite number time problems: witnesses have died, records have been destroyed, memories have faded, and all types similar allegations. add absurdity absurdity, the counsel for the federal habeas petition cannot even appointed until the state habeas petition has been fully adjudicated.   
 Would anybody believe that such system would not engender endless parade dilatory motions consuming years and years time?  This extremely time-wasting system allows attorneys and judges who are opposed capital punishment delay the adjudication death penalty cases for years, not decades. the time taken for California execute convicts, Texas has executed over 400.  One the major reasons this was the habeas writs state and federal courts.  While Texas dealt with the habeas problem, the California courts and legislature have done nothing. 
 The difference seen Texass Code Criminal Procedure, Article 11.071: 
Art. 11.071.  Procedure Death Penalty Case 
 Sec.  Application Death Penalty Case. 
  Notwithstanding any other provision this chapter, this article establishes the procedures for application for writ habeas corpus which the applicant seeks relief from judgment imposing penalty death. 
 Sec.  Representation Counsel. 
 (a) applicant shall represented competent counsel unless the applicant has elected proceed pro and the convicting trial court finds, after hearing the record, that the applicants election intelligent and voluntary. 
 (b) defendant sentenced death the convicting court, immediately after judgment entered under Article 42.01, shall determine the defendant indigent and, so, whether the defendant desires appointment counsel for the purpose writ habeas corpus. the defendant desires appointment counsel for the purpose writ habeas corput, the court shall appoint the office capital writs represent the defendant provided Subsection  
 (c) the earliest practical time, but event later than days, after the convicting court makes the findings required under Subsections (a) and (b), the convicting court shall appoint the office capital writs, or, the office capital writs does not accept prohibited from accepting appointment under Section 78.054, Goverment Code, other competent counsel under Subsection (f), unless the applicant elects proceed pro represented retained counsel. appointing counsel under this section, the convicting court shall immediately notify the court criminal appeals the appointment, including the notice copy the judgment and the name, address, and telephone number the appointed counsel. 
 (d) [Repealed Acts 2009, 81st Leg., ch. 781 (S.B. 1091),  11, effective January 2010.] 
 (e) the court criminal appeals denies applicant relief under this article, attorney appointed under this section represent the applicant shall, not later than the 15th day after the date the court criminal appeals denies relief or, the case filed and set for submission, the 15th day after the date the court criminal appeals issues mandate the initial application for writ habeas corpus under this article, move for the appointment counsel federal habeas review under U.S.C. Section 3599.  The attorney shall immediately file copy the motion with the court criminal appeals, and the attorney fails so, the court may take any action endure that the applicants right federal habeas review protected, including initiating contempt proceedings against the attorney. 
 Sec.  Filing application. 
 (a) application for writ habeas corpus, returnable the court criminal appeals, must filed the convicting court not later than the 180th day after the convicting court appoints counsel under Section not later than the 45th day after the date the states original brief filed direct appeal with the court criminal appeals, whichever date later. 
 (b) The convicting court, before the filing date that applicable the applicant under Subsection (a), may for good cause shown and after notice and opportunity heard the attorney representing the state grant one 90-day extension that begins the filing date applicable the defendant under Subsection (a).  Either party may request that the court hold hearing the request. the convicting court finds that the applicant cannot establish good cause justifying the requested extension, the court shall make finding stating that fact and deny the request for the extension. 
 (c)An application filed after the filing date that applicable the applicant under Subsection (a) (b) untimely. 
 (d) the convicting court receives untimely application determines that after the filing date that applicable the applicant under Subsection (a) (b) application has been filed, the convicting court immediately, any event within days, shall send the court criminal appeals and the attorney representing the state: 
  (1) copy the untimely application, with statement the convicting court that the application untimely, statement the convicting court that application has been filed within the time periods required Subsections (a) and (b); and 
(2) any order the judge the convicting court determines should attached untimely application statement under Subdivision (1). 

 (e) failure file application before the filing date applicable the applicant under subsection (a) (b) constitutes waiver all grounds for relief that were available the applicant before the last date which application could timely filed, except provided Section 4A. 
 What readily apparent from the above that Texas has done what any reasonable state government would do: Establish time limits and have the habeas proceedings transpire simultaneously with the direct appeal. 
 Thus, within days the conviction trial court, the convicting court must appoint habeas counsel. 
 That counsel must then file the habeas application the convicting court within 180 days after counsel appointed, not later that the 45th day after the date the states opening brief filed direct appeal, whichever date later. 
 The Texas statute also provides for one 90-day extension, but defense counsel must establish good cause get the extension. then provides procedure find the application untimely. then further provides for 10-day notification the court criminal appeals where the matter decided. 
 Thus, there are strict time periods and the threat filing contempt charges against counsel who does not comply. 
 Texas law also places the power contempt and strict enforcement the time period the hands the convicting trial judge. 
 This entirely appropriate, since that convicting trial judge has the interest, knowledge, and involvement the case the best decision maker assuring that the time limits are complied with and that the habeas proceeds the manner contemplated the statute. 
 The Texas statute then provides that the court criminal appeals denies the state habeas, that the attorney must move within days for the appointment counsel the federal habeas under U.S.C. Section 3599. contrast, opponents the death penalty California have constructed labyrinthine legal process designed delay indefinitely the application the death penalty.  Now, dishonestly, the costs these unneeded and obstructive delays are being used excuse end the death penalty through this latest initiative. DETERRENT EFFECT THE DEATH PENALTY 
 There are two salient aspects the deterrent effect the death penalty that must considered whenever the penalty discussed.  One aspect the public suppression murder the community out fear the death penalty. 
 The highest murder rate Houston (Harris County), Texas, occurred 1981 with 701 murders.  Texas resumed executions 1982.  Since that time, Houston has executed more murderers than any other city state (except Texas) and has seen the greatest reductions murder from 780 1981 down 261 1996  63% reduction (FBI, VCR, 1982 Houston Chronicle, Feb. 1997, 31A. 
 Any law enforcement officer prosecutor who has worked with the criminal element knows that career criminals have very different moral value system than the general community. jaded value system that does not mind doing time for the crime, but puts the death penalty category punishment that avoided. critical that this fear the death penalty career criminals not ignored, ameliorated. the case People Love, C2d 720, statements hardened criminals were cited that fear the death penalty kept them from killing their victims. few recent examples the accuracy this view are found the following cases involving persons arrested officers the Los Angeles Police Department: fn. 
(i) Margaret Elizabeth Daly, San Pedro, was arrested August 28, 1961, for assaulting Pete Gibbons with knife. She stated investigating officers: "Yeah, cut him and should have done better job. would have killed him, but didn't want the gas chamber." 

(ii) Robert Thomas, alias Robert Hall, ex-convict from Kentucky; Melvin Eugene Young, alias Gene Wilson, petty criminal from Iowa and Illinois; and Shirley Coffee, alias Elizabeth Salquist, California, were arrested April 25, 1961, for robbery. They had used toy pistols force their victims into rear rooms, where the victims were bound. When questioned the investigating officers the reason for using toy guns instead genuine guns, all three agreed that real guns were too dangerous, and someone were killed the commission the robberies, they could all receive the death penalty. 

(iii) Louis Joseph Turck (alias Luigi Furchiano, alias Joseph Farino, alias Glenn Hooper, alias Joe Moreno), ex-convict with felony record dating from 1941, was arrested May 20, 1961, for robbery. had used guns prior robberies other states but simulated gun the robbery here. told investigating officers that was aware the California death penalty although had been this state for only one month, and said, when asked why had only simulated gun, knew that used real gun and that shot someone robbery, might get the death penalty and the gas chamber." 

(iv) Ramon Jesse Velarde was arrested September 26, 1960, while attempting rob supermarket. that time, armed with loaded .38 caliber revolver, was holding several employees the market hostages. subsequently escaped from jail and was apprehended the Mexican border. While being returned Los Angeles for prosecution, made the following statement the transporting officers: think might have escaped the market had shot one more them. probably would have done wasn't for the gas chamber. I'll only years for this. don't want die matter what happens, you want live another day." 

(v) Orelius Mathew Stewart, ex-convict with long felony record, was arrested March 1960, for attempted bank robbery. was subsequently convicted and sentenced the state prison. While discussing the matter with his probation officer, stated: "The officer who arrested was himself, and had wanted, could have blasted him. thought about the time, but changed mind when thought the gas chamber." 

(vi) Paul Anthony Brusseau, with criminal record six other states, was arrested February 1960, for robbery. readily admitted five holdups candy stores Los Angeles. this series robberies had only simulated gun. When questioned investigators the reason for his simulating gun rather than using real one, replied that did not want get the gas chamber. 

(vii) Salvador Estrada, 19-year-old youth with four-year criminal record, was arrested February 1960, just after had stolen automobile from parking lot wiring around the ignition switch. was being booked the station, stated the arresting officers: want ask you one question, you think they will repeal the capital punishment law. they do, can kill all you cops and judges without worrying about it." 

(viii) Jack Colevris, habitual criminal with record dating back 1945, committed armed robbery supermarket April 25, 1960, about week after escaping from San Quentin Prison. Shortly thereafter was stopped motorcycle officer. Colevris, who had twice been sentenced the state prison for armed robbery, knew that brought trial, would again sent prison for long term. The loaded revolver was the seat the automobile beside him, and could easily have shot and killed the arresting officer. his own statements interrogating officers, however, was deterred from this action because preferred possible life sentence death the gas chamber. 

(ix) Edward Joseph Lapienski, who had criminal record dating back 1948, was arrested December 1959 for holdup committed with toy automatic type pistol. When questioned investigators why had threatened his victim with death and had not provided himself with the means carrying out the threat, stated, know that had real gun and killed someone, would get the gas chamber." 

(x) George Hewlitt Dixon, ex-convict with long felony record the East, was arrested for robbery and kidnapping committed November 27, 1959. Using screwdriver his jacket pocket simulate gun, had held and kidnapped the attendant service station, later releasing him unharmed. When questioned about his using screwdriver simulate gun, this man, hardened criminal with many felony arrests and least two known escapes from 

custody, indicated his fear and respect for the California death penalty and stated, did not want get the gas." 

(xi) Eugene Freeland Fitzgerald, alias Edward Finley, ex-convict with felony record dating back 1951, was arrested February 1960, for the robbery chain candy stores. used toy gun committing the robberies, and when questioned the investigating officers his reasons for doing so, stated: know I'm going the joint and probably for life. had real gun and killed someone, would get the gas. would rather have this way." 

(xii) Quentin Lawson, ex-convict parole, was arrested January 24, 1959, for committing two robberies which had simulated gun his coat pocket. When questioned his reason for simulating gun and not using real one, replied that did not want kill someone and get the death penalty. 

(xiii) Theodore Roosevelt Cornell, with many aliases, ex-convict from Michigan with criminal record years, was arrested December 31, 1958, while attempting hold the box office theater. had simulated gun his coat pocket, and when asked investigating officers why ex- convict with everything lose would not use real gun, replied, "If used real gun and shot someone, could lose life." 

(xiv) Robert Ellis Blood, Daniel Gridley, and Richard Hurst were arrested December 1958, for attempted robbery. They were equipped with roll cord and toy pistol. When questioned, all them stated that they used the toy pistol because they did not want kill anyone, they were aware that the penalty for killing person robbery was death the gas chamber. 
 Another important aspect the death penalty the personal deterrent value individual citizen who may potential victim.  Imagine that you your loved ones were the victim armed robbery, home invasion, kidnapping, rape.  That criminal has the deciding vote whether kill you. you are his mercy, you think the death penalty might prevent him from killing you?  What the value the death penalty that moment time? 
 The poet Hyam Barshay puts this way: The death penalty warning just like lighthouse throwing beams out sea. hear about shipwrecks, but not hear about the ships the lighthouse guides safely their way. not have proof the number ships saves, but not tear the lighthouse down.  HISTORY THE CRIMES THE DEATH ROW INMATES addition the above consideration relation the death penalty, the actual history the crimes and conduct the defendant during those crimes important factor any evaluation the significance the death penalty. revealing recent example, twelve inmates were finished with their appeals, writs habeas corpus, and attempted appeals the Supreme Court.  Once the federal judge made his decision the lethal injection formula, they were all set for execution. 
 The following chilling summaries those twelve inmates were prepared the Criminal Justice Legal Foundation president, Kent Scheidegger. 
 The last summary the Night Stalker, Richard Ramirez, was taken directly from the California Supreme Courts opinion, affirming his conviction and death sentence.  Mr. Ramirez has not completed all his appellate procedures have the other twelve have. 
 Please forewarned: the narratives below are graphic the crimes were heinous. 
Criminal Justice Legal Foundation 
Case summaries California capital murderers with exhausted appeals 
January 10, 2012 
Inmate: Stevie Fields Cal.3d 329 (1983) 
Date Sentenced: 8/21/79 
Crime and Trial: Los Angeles 
Stevie Fields was paroled from prison September 13, 1978, after serving sentence for manslaughter for bludgeoning man death with barbell. Fourteen days later, went three-week, one-man crime wave. 1983,  Fields was convicted and sentenced death overwhelming evidence the robbery and murder Rosemary Cobbs, student librarian the University Southern California; the robbery Clarence Gessendaner gunpoint; the kidnapping for robbery, rape, forced oral copulation, and assault with deadly weapon Gwendolyn Barnett; the kidnapping for robbery and forced oral copulation Cynthia Smith; and the kidnapping, robbery, rape, and forced oral copulation Colleen Coates, also young student USC. 
Fields conviction and sentence were affirmed the California Supreme Court 1983. Fields filed petition for habeas corpus the California Supreme Court 1984, claiming ineffective assistance his trial counsel, which was denied 1990, following evidentiary hearing.  The U.S. Supreme Court denied his petition for certiorari 1991. 1993, Fields filed his first federal habeas corpus petition. The district court stayed proceedings allow opportunity pursue unexhausted claims state court. Fields filed second petition for writ habeas corpus the California Supreme Court, which was denied 1994. filed second amended habeas petition district court 1995, raising number claims which the district court held were procedurally barred. 2000, the District Court denied relief guilt but granted relief Fields penalty. Fields and the state both appealed. U.S. Ninth Circuit Court Appeals panel affirmed all guilt phase claims except for claim juror bias (and the related claim ineffective assistance counsel), which remanded for evidentiary hearing the District Court 2002. The district court denied relief 2003. 2005, the Ninth Circuit affirmed the denial relief guilt and reversed the grant relief penalty. The Ninth Circuit granted rehearing banc 2006.  The Ninth Circuit denied habeas relief, leaving Fields convictions and sentence place. 2008 the Supreme Court the United States denied Fields petition for writ certiorari. 
Inmate: Albert Brown, Jr. Cal.4th 322 (1993) 
Date Sentenced: 2/22/82 
Crime and Trial: Riverside February 1982 Albert Brown, Jr. was convicted and sentenced death for the October 28, 1980 rape and murder 15-year-old Susan Jordan. the time the murder, Brown had been out prison for three months for the rape 14-year-old girl.   
Brown kidnapped Susan Jordan she walked school. dragged her secluded area orange grove, raped her, then strangled her death with one her shoelaces.   When the school reported Susans parents that their daughter had failed arrive, they desperately tried locate her, after calling the police report her missing.   
Sometime between 7:00 and 7:30 that night, the phone Susans house rang and her mother answered it. The male-voiced caller said, "Hello, Mrs. Jordan, Susie isn't home from school yet, she?" Mrs. Jordan replied that she was not. The voice then said, "You will never see your daughter again. You can find her body the corner Victoria and Gibson."  Later, police searched the orange grove that corner and found Susans partially nude body lying face down.  Her clothing and some her school notebooks were also found.   
After witnesses identified someone answering Browns description suspect police arrested him.  During search his residence police found telephone directory turned back the page containing the Jordans listing, news articles about Susans death, and two her missing schoolbooks. 
Browns conviction and sentence were affirmed the California Supreme Court direct appeal 1993. year later the U.S. Supreme Court denied his petition for review 1994. 1996, filed petition for habeas corpus the federal District Court and petition for writ habeas corpus the California Supreme Court. The California Supreme Court denied his petition 1999. 1999 filed amended petition for habeas corpus the federal District Court. The District Court denied his petition six years later.  The U.S. Supreme Court denied Browns petition for writ certiorari 2008. 
Inmate: Fernando Belmontes Cal.3d 744 (1988) 
Date Sentenced: 10/5/82 
Crime and Trial: San Joaquin 
Fernando Belmontes was convicted strong evidence and sentenced death 1988  for the first-degree murder 19-year-old Stacey McConnell. McConnells  parents found her beaten unconscious the floor her house Victor, several feet from the unlocked front door March 15, 1981.  She died cerebral hemorrhaging due gaping wounds her head which cracked her skull. 
The pathologist testified that there would have been sounds "like cracked pot" associated with the blows that fractured her skull. McConnell had numerous defensive bruises and contusions her arms, hands, legs and feet which evidenced struggle. All her wounds were consistent with having been made the metal dumbbell bar evidence trial. the day the murder Belmontes and two accomplices had gone McConnells home burglarize it, while they believed she would away.  Belmontes entered the house carrying steel dumb bell bar while the accomplices waited outside.  When found McConnell the house beat her with the bar, later telling one the accomplices that had  "take out witness" because she was home. 
His conviction and sentence were affirmed the California Supreme Court direct appeal 1988. His petition for certiorari was denied the U.S. Supreme Court 1989.  Later that year, after his petition for state habeas corpus was denied the San Joaquin County Superior Court, filed petition for review federal habeas corpus with the federal District Court.  His appeal the denial state habeas corpus was denied the California Supreme Court 1992.   
Nine years later the federal District Court rejected his 1989 petition for review. 2003 the Ninth Circuit Court Appeals denied relief guilt but granted relief penalty. The Ninth Circuit remanded the district court for the issuance writ habeas corpus vacating the death sentence. The State appealed that holding the U.S. Supreme Court which 2005 overturned and remanded the case the Ninth Circuit. remand the Ninth Circuit again denied relief guilty but granted relief penalty. 2006 the U.S. Supreme Court reversed that decision and reinstated Belmontes death sentence. 
Inmate: Kevin Cooper Cal.3d 771 (1991) 
Date Sentenced: 5/15/85 
Crime: San Bernardino 
Trial: San Diego 1985, Kevin Cooper was convicted and sentenced death for the brutal 1983 murders   Doug and Peggy Ryen,  their 10-year-old daughter Jessica, and 11-year-old playmate Chris Hughes.  The Ryens 8-year-old son Josh suffered extensive injuries but survived. 
Two days earlier, June 1983, Cooper had escaped from minimum security prison Chino, where had been serving four-year sentence for two residential burglaries. year earlier had left Pennsylvania, where was suspected the assault and rape teen-aged girl who had interrupted him was burglarizing her home.  Undisputed evidence including Coopers fingerprints and his own statements indicate that, after his escape, took refuge empty house next door the Ryan home.  Cooper made phone calls two women from the house. 
Between 9:00 and 9:30 June the Ryen Family and their childrens friend Chris left barbeque return the Ryan home, where Chris was spending the night.  The next morning,  Chris father went the Ryan home and found everyone except eight year old Josh dead.  The victims had died from numerous chopping wounds later determined have been inflicted hatchet and stabbing wounds inflicted both knife and ice pick.   
Later that day,  blood stained items were found the vacant house where Cooper had stayed,  including button from prison jacket was wearing when escaped. hatchet, several knives and ice pick were missing from the vacant house and hatchet sheath and strap fitting one the missing knives were found the bedroom where Cooper had slept.  The Ryen station wagon was later found the parking lot Long Beach church.  Hairs from the car matched those Cooper.  Tobacco issued exclusively prison inmates, which Cooper smoked, was found the vacant house and the Ryens station wagon.    
Two days after the murders, Cooper befriended couple Mexico and joined them boat trip the California Coast.  Cooper was arrested boat off Santa Barbara after the woman reported that had raped her knife point, threatening kill her she woke her husband.  Following his arrest several items taken from the vacant house Chino were discovered the boat. 
Coopers conviction and death sentence were affirmed 1991 the California Supreme Court. Seven years later his petition for state habeas corpus was denied the California Supreme Court. 2001 the Ninth Circuit Court Appeals denied Cooper petition for habeas corpus  and year later the U.S. Supreme Court refused his appeal.  Between 1997 and 2004, the California Supreme Court denied Coopers multiple petitions for writ habeas corpus. 2004, the eve his scheduled execution, banc panel the Ninth Circuit granted stay and ordered the District Court hear Coopers third habeas corpus petition, this time claiming that DNA testing the blood evidence would prove his innocence. 2005, after the testing was performed,  the district court rejected the claim, finding, Post-conviction DNA testing confirmed that [Cooper] committed the murders... The Ninth Circuit later affirmed. 2009, the Ninth Circuit denied Coopers petition for rehearing. 2010, the U.S. Supreme Court denied Coopers petition for writ certiorari. 
Inmate: Tiequon Cox Cal.3d 618 (1991) 
Date Sentenced: 5/7/86 
Crime and Trial: Los Angeles 1986, Tiequon Cox was convicted and sentenced death for the first-degree murders  Ebora Alexander, her daughter Dietria, and two grandsons, Damon Bonner and Damani Garner.   The murders were committed the morning August 31, 1984 the Alexander home. 
Police responding report gunfire, found the bullet-riddled bodies 57-year-old Ebora, 23-year-old Dietria, and the grandsons, 8-year-old Damon and 10-year-old Damani.  Ebora had been sitting her kitchen table drinking coffee when she was killed.  The bodies Dietria, Damon, and Damani were found bedroom, still their beds. 
Evidence supporting the conviction included the testimony  witnesses who overheard Cox plan the murders and later say I just blew the bitchs  head off; testimony identifying Cox one two surviving grandchildren; testimony identifying the murder weapon belonging Cox; and ballistics evidence identifying that weapon one used kill the victims. 
Coxs conviction and sentence were affirmed the California Supreme Court direct appeal 1991.  The U.S. Supreme Court denied his appeal 1993. 1993 Cox filed petition for writ habeas corpus federal District Court. 1994 filed petition for state  habeas corpus relief the California Supreme Court, which was denied 1997. Cox amended his federal habeas corpus petition 1997 and filed another petition for state habeas corpus the California Supreme Court 1999. 2002 the California Supreme Court denied his second state habeas petition.  Later that year Cox again amended his federal habeas petition before the District Court, which was denied part 2006. The petition was stayed pending exhaustion some claims the state level and was ultimately denied all grounds. The district court issued Certificate Appealibility for two claims. Cox appealed the U.S Ninth Circuit which affirmed his conviction and sentence and denied his petition for rehearing banc. The U.S. Supreme Court denied Coxs petition for writ certiorari 2011. 
Inmate: Royal Hayes Cal.4th 1211 (1999) 
Date Sentenced: 8/8/86 
Crime: Santa Cruz 
Trial: Stanislaus (penalty) retrial 1986, Royal Hayes was convicted and sentenced death for the 1981 murders Lauren Laet and Donald MacVicar. December that year Hayes, drug dealer, arranged sell  cocaine the two victims remote wooded location Santa Cruz.   Hayes, the two victims, and female accomplice, Diana Weller drove Santa Cruz December 29.  Prior their arrival, Hayes arranged have another female accomplice, Debbie Garcia, dig two holes the woods, allegedly hide packages drugs.   
The victims, Weller and Hayes met Garcia Santa Cruz donut shop and left Garcias car for the woods.  Once there, Hayes shot both Laet and MacVicar the back the head. then cut off the victims heads and hands and placed the bodies the holes, spreading what believed quicklime them hasten decomposition.  After covering the holes Hayes left the severed body parts nearby plastic bags.   
Two months later parts Laets scull were discovered.  During the investigation, Garcia told police about the murderers.  Due the substantial media coverage the gruesome crimes, Hayes won change venue Stanislaus County, where was convicted  overwhelming evidence. 
The California Supreme Court affirmed the judgment against Hayes Direct Appeal 1999. While this direct appeal was pending, Hayes filed petition for habeas corpus the California Supreme Court, which was denied 1999. The U.S. Supreme Court denied Hayes petition for certiorari 2000. Hayes then filed amended habeas corpus petition federal District Court 2002. 2003 the California Supreme Court denied Hayes state habeas corpus petition. The district court denied his federal petition 2005. Hayes appealed that decision the U.S. Ninth Circuit Court Appeals, which affirmed the district courts denial all his claims. Hayes did not seek Supreme Court review this decision. 
Inmate: Harvey Heishman Cal.3d 147 (1988) 
Date Sentenced: 3/30/81 
Crime and Trial: Alameda 
Harvey Heishman was convicted and sentenced death 1988 for the first-degree murder Nancy Lugassy 1979. was found guilty murdering Lugassy prevent her from testifying criminal proceeding that had been brought against him for raping her. 
Lugassy and Heishman met July 1979, after which Lugassy ran crying her neighbor saying she had just been raped. August 10, complaint was filed against Heishman the rape charge. Heishman was arrested and appeared for arraignment October 24, 1979, pleading not guilty. The municipal court scheduled preliminary examination for November 20, 1979, and Heishman remained large bail. 
Lugassy was shot dead her front yard November 1979.  When police arrived that night, they found Lugassys body with three bullet holes it, front her home with the door ajar. her purse was subpoena for the preliminary hearing. Because Lugassy's death and thus, her unavailability witness, the rape charge against Heishman was dismissed the preliminary hearing November 20. 
Cheryl Miller and Nancy Gentry both testified that they had been involved Heishmans plan kill Lugassy.  Gentry and Miller provided the eyewitness testimony regarding the plot kill and the actual killing Lugassy Heishman. several occasions Gentry and Miller had driven Lugassys home with Heishman. The three also drove two local college campuses look for Lugassy and see she was enrolled there. Overall, the prosecutions evidence showed that from December 1969 until July 1978, Heishman was either probation, parole, prison for various sexual assaults. 
The conviction and sentence were upheld direct appeal California Supreme Court 1988. Later that year the U.S. Supreme Court denied Heishmans petition for certiorari. 1989 the California Supreme Court denied Heishmans state habeas corpus petition and his execution was stayed the U.S. Supreme Court stay pending consideration his petition for certiorari. Three weeks later, the high court denied his petition, vacating the stay. new stay was granted the federal District Court pending its review Heishmans federal habeas corpus petition, which was amended three times between 1990 and 1993. also filed forth state habeas corpus petition 1993 with the California Supreme Court which was denied later that year. 1996 the federal District Court denied relief five Heishmans claims. 2001, the Court  denied all but one his remaining claims. The district court held multiple evidentiary hearings before denying the last Heishmans claims 2007. Heishman appeal the Ninth Circuit was later denied. 2011 the U.S. Supreme Court denied his petition for cert. 
Inmate: Michael Morales Cal.3d 527 (1989) 
Date Sentenced: 6/14/83 
Crime: San Joaquin 
Trial: Ventura 
Michael Morales was convicted and sentenced death 1989 for the brutal 1981 murder and rape 17-year-old Terry Winchell.  Moraless cousin, Ricky Ortega was angry with Winchell because her relationship with his gay lover. January 1981, Ortega called Morales report that was taking Winchell shopping trip and would coming pick him up.   After learning this, Morales told his girlfriend his was going his cousin favor and hurt girl strangling her with belt.   
When Ortega and Winchell arrived, Morales, armed with belt and hammer, climbed the backseat the car, directly behind where Winchell was sitting.  After Ortega had driven isolated location, Morales reached over the seat and tried strangle Winchell with the belt. The belt broke, Morales then began beat her the head repeatedly with the hammer until she was unconscious dead. 
Morales dragged Winchell's body into field and completed act sexual intercourse. then stabbed her four times the chest assure that she was dead. Winchell was found naked except for shirt and bra, which were pulled over her breasts. She had taken six blows the side her head and seventeen blows the back her head. Her skull, cheek bones, and jaw were fractured, and the base her skull had been shattered. She had been stabbed four times the chest. She had severe bruising her face and body and much the skin her front side was torn up. She had multiple wounds her hands and forearms typical person defending herself. 
Morales conviction and sentence were affirmed the California Supreme Court direct appeal 1989. The U.S. Supreme Court denied his petition for certiorari the end 1989.  Morales filed petition for federal habeas corpus the federal District Court 1992. also filed petitions for state habeas corpus with the California Supreme Court which were denied 1993.  His federal habeas corpus petition was denied 1999.  The Ninth Circuit affirmed the lower court judgment 2003.  Morales petition for cert the U.S. Supreme Court was denied 2005. 
Inmate: Scott Pinholster Cal.4th 865 (1992) 
Date Sentenced: 6/14/84 
Crime and Trial: Los Angeles 1992 Scott Pinholster was convicted and sentenced death for murdering Thomas Johnson and Robert Becket during residential burglary the Los Angeles suburb Tarzana 1982. January that year Pinholster and accomplices broke into the house steal drugs.  When Johnson and Becket, who were house-sitting for the owner the time, arrived and opened the front door and discovered the house had been ransacked, they shouted that they would call the police.  The three burglars attempted leave through the rear sliding-glass door, but Johnson and Beckett ran around the back the house. 
When Johnson tried enter the house, Pinholster stabbed Johnson the chest three four times with knife. Johnson dropped his wallet the ground and obeyed Pinholsters order sit. Pinholster then attacked Becket, stabbing him repeatedly while demanding money and drugs. Pinholster kicked Becket the head several times. One Pinholsters accomplices also stabbed Johnson several times. 
When the trio returned Pinholsters apartment, and one his accomplices remarked that they had gotten them good. trial one the accomplices and his wife testified that, after the murders, Pinholster went their apartment, cleaned the knives and divided the proceeds: $23 and bag marijuana.  Other witnesses testified that they had heard Pinholster plan the burglary and brag about stabbing another victim during previous robbery.  Physical evidence included Pinholsters palm print the murder scene and his bloody boot-print near the victims bodies. 
Pinholsters conviction and sentence were upheld unanimous California Supreme Court direct appeal 1992.  The opinion was written Justice Stanley Mosk, the Courts most liberal member.  After the U.S. Supreme Court denied his petition for cert, Pinholster filed two state habeas corpus petitions between 1993 and 1997, claiming that was mentally unstable, both were denied the state Supreme Court. federal habeas corpus, new attorneys representing Pinholster introduced new psychiatric evaluation related his claim mental incompetence. 2003 the District Court upheld his conviction but, based the new psychiatric opinion,  overturned his sentence.  Five years later Ninth Circuit panel reinstated the sentence. 2009, divided banc Ninth Circuit panel reversed the earlier holding and voided his sentence. 2011 the U.S. Supreme Court reversed the Ninth Circuit and reinstated Pinholsters sentence. 
Inmate: Douglas Mickey Cal.3d 612 (1991) 
Date Sentenced: 9/23/83 
Crime: Placer 
Trial: San Mateo 
Douglas Mickey was convicted and sentenced death 1983 for the first-degree murders Eric Lee Hanson and Catherine Blount. September 1980, Mickey lived with his wife and her two children Air Force base Japan, where his wife worked nurse.  Mickey did not have job and his family was experiencing financial difficulties. September 17, 1980, Mickey flew California, where stayed with longtime friend Edward Rogers.  Mickey disclosed Rogers that traveled California order rob and murder Eric Lee Hanson. After that, Mickey planned travel Alaska kill his wifes ex-husband order obtain life insurance proceeds for his wife and children, who were beneficiaries under the policy. 
Although Hanson, drug dealer, was longtime friend his, Mickey believed that years earlier Hanson had stolen some Mickeys personal property. retaliation, Mickey had stolen some Hansons marijuana crop 1979, which had buried and began consume upon his return. Around midnight September 28, Rogers dropped Mickey off Hansons home. Hanson had his own knife him and gun borrowed from Rogers. 
Rogers and Mickey set rendezvous point public telephone booth few miles from Hansons home. During the early hours September 29, evidently after Hanson and Blount went sleep, Mickey killed the couple. first bludgeoned Hanson with baseball bat and slit his throat from ear ear down the spinal cord. then stabbed Blount seven times the chest. Three the blows pierced her heart. took substantial amount property from their house and drove off the Hansons station wagon. 
Mickey met with Rogers and they put the stolen property Rogers truck. They abandoned the station wagon after wiping down for fingerprints and returned Rogers home and stashed the stolen items. September 30, Mickey fled Japan. Within few days, the State secured statement from Rogers implicating himself and Mickey the crimes. The State soon thereafter filed complaint against Mickey for the double homicide, alleging five special circumstances making the crimes capital offenses.  Mickey was returned the United States January 1981.  Overwhelming evidence introduced trial led his conviction. 
Mickeys conviction and death sentenced were affirmed 1991 the California Supreme Court direct appeal, and the U.S. Supreme Court denied cert the next year. filed 
petition for federal habeas corpus 1995, review which was stayed pending review his state habeas corpus petition.  The California Supreme Court rejected his claims 1996, and second petition 1997. then amended his federal petition raising numerous claims attacking his conviction and sentence. 
After evidentiary hearing, the District dismissed most the claims but granted relief ineffective assistance counsel claim the penalty phase. The Ninth Circuit later reversed the District Court, reinstating Pinholsters death sentence.  The U.S. Supreme Court denied cert 2011. 
Inmate: Mitchell Sims Cal.4th 405 (1993) 
Date Sentenced: 9/11/87 
Crime and Trial: Los Angeles 
Mitchell Sims was convicted and sentenced death 1987 for the first-degree murder 21-year-old John Harrigan. the evening December 1985, Sims, former Dominos Pizza employee, ordered pizza from Glendale, CA,  Dominos for delivery nearby motel where and his girlfriend were staying.  Harrigan, one three employees the Dominos that evening left make the three minute drive deliver the pizza.  About twenty minutes later Sims and his girlfriend arrived the pizza parlor where Sims pulled gun and ordered the two employees into back office.  When the manager warned Sims that Harrigan would back from delivery soon, Sims removed his sweater reveal was wearing Dominos shirt with Harrigans name tag, and said I dont think so. 
While Sims held the pair gunpoint, his girlfriend emptied the cash drawers into bag. that point off-duty Dominos employee who had arrived order pizza saw Sims wearing Harrigans shirt and,  suspecting that robbery was progress, called the police.  Before leaving, Sims tied both employees rack the cooler, which was kept 32-40 degrees, and closed the door. few minutes later the police arrived and freed the employees. short time later, officers found Harrigans body the bathtub the motel room registered Sims. had been hogtied, with washcloth stuffed his mouth and pillow case tied over his head, and drowned the bathtub full water.   
Later that December, Sims and the girlfriend were arrested Las Vegas.  Following his conviction and sentence, Sims was tried and convicted South Carolina for murdering two Dominos Pizza employees during robbery less than week prior the Glendale murder. 
Sims conviction and death sentence was affirmed direct appeal the California Supreme Court 1993. The U.S. Supreme Court denied his petition for writ certiorari 1994. After the California Supreme Court denied Sims petition for writ habeas corpus, filed petition for habeas relief federal District Court 1996.  The district court found some claims unexhausted and granted Sims leave amend his petition delete those claims. Sims filed second petition state court 1997, which the California Supreme Court denied 1998.   
After amended his federal petition, Sims received evidentiary hearing his claim ineffective  assistance counsel regarding mental health evidence.  Following the hearing, the district court denied all Sims claims 2003. The Ninth Circuit affirmed the lower court 2005. The Ninth Circuit denied rehearing banc the same year. The U.S. Supreme Court denied Sims petition for writ certiorari 2006. 
Inmate: David Raley Cal.4th 870 (1992) 
Date Sentenced: 5/17/88 
Crime: San Mateo 
Trial: Santa Clara 
David Raley was convicted and sentenced death 1988 for the kidnap and first-degree murder 16-year-old Jeanine Grinsell and the kidnap, oral copulation force, and attempted murder 17-year-old Laurie McKenna. Saturday February 1985, Raley was security guard the Carolands Mansion Hillsborough, California.  The mansion was not open the public, but Raley sometimes gave unauthorized tours, usually high school age girls. the night February the victims asked Raley for tour and agreed. the end the tour, Raley locked the girls walk-in safe the basement. Raley had the girls undress only their underwear and handcuffed their hands behind their backs. was holding large knife, and told them they had fool around with him for five minutes and then would let them go. then took them workroom. 
Raley tied rope connected the leg bench Lauries handcuffs and led Jeanine away. Laurie heard her scream, and they came back minutes later. Raley tied Jeanine the bench and led Laurie kitchen where ordered her perform sexual acts him. Raley said would let the girls go, but would kill them they told anyone what had happened.  Jeanine said she wanted first because she had the keys the car. 
Raley handcuffed Laurie door near the safe and left with Jeanine. Laurie heard bumping and running noises. Raley returned with Jeanine, who told Laurie that Raley had hit her with club. Raley returned and led Jeanine away. The sound Jeanine's screams lasted for minutes. Then there was dragging sound. 
Raley returned for Laurie and pulled her toward dark hallway. When she resisted stabbed her the abdomen. She fell, and they struggled. Raley stabbed her times, and hit her with his club. left and returned with carpet, rolled her it, and dragged her out the mansion and put her the trunk his car. 
Jeanine was already the trunk, bloody, with her hands still tied behind her back. drove his house and parked the garage, where let Jeanine and Laurie out the car while cleaned the blood from the trunk. After putting the girls back the trunk, Raley watched with his sister and played Monopoly with her until 11pm and hung out with friends who were showing him their new car stereo. some point the night Raley drove the victims remote location. removed Jeanine from the trunk and threw her down ravine. then removed Laurie, beat her around the head 
and neck with club times, and threw her down the ravine with her hands still tied, where she rolled next Jeanine. the morning Laurie was able crawl the hill and find help. The women were taken the emergency room, where Jeanine bled death operating table. autopsy Jeanine disclosed stab wounds and skull fracture. direct appeal 1992, the California Supreme Court reversed his conviction for attempted oral copulation one his victims and affirmed the remaining convictions and the death sentence. The California Supreme Court denied his petition for habeas corpus the same year.  Raley then filed petition for habeas relief with the federal District Court, which was ultimately denied all grounds 2004.  Raley then appealed the Ninth Circuit Court Appeals, which affirmed the denial relief and voted deny his petition for rehearing.  The U.S. Supreme Court denied his petition for writ certiorari October 2007. 
Richard Ramirez 
Supreme Court California 
Case No. S012944 
August 2006, Filed 
Judges: Moreno, J., expressing the unanimous view the court. 
Opinion by: Moreno 
[**71] [***686] MORENO, On November 1989, defendant Richard Ramirez was sentenced death for the so- [**72] called Night Stalker murders following his convictions counts first degree murder (Pen. Code,  187, subd. (a)), one count second degree murder (Pen Code,  187, subd. (a)), five counts attempted murder ( 187, 664), four counts rape ( 261, former subd. (2)), three counts forcible oral copulation ( 288a, former subd. ), four counts forcible sodomy ( 286, former subd. ), and counts first degree burglary ( 459).  The jury found true allegations multiple-murder, burglary, rape, forcible sodomy, and forcible-oral-copulation special circumstances.  ( 190.2.)  The court imposed sentence death.  This appeal automatic.  ( 1239, subd. (b).) For the reasons that follow, the judgment affirmed. 
FOOTNOTES All further statutory references are the Penal Code, unless otherwise noted. 
[***687] FACTS 
Prosecutions Case the afternoon June 28, 1984, Jack Vincow arrived his elderly mothers apartment Los Angeles and was surprised find the screen missing from her open living room window and the front door unlocked.  The missing window screen was the floor the living room, and the contents the living room were disarray. found his mother, Jennie Vincow, dead her bedroom.  Her body was the bed with her feet the head the bed.  Her throat had been slashed and her body was partially covered blanket. ran out the apartment and called the police. 
The victim had been stabbed multiple times her upper chest, neck, arm, and leg and had some wounds her hands.  Her throat had been slashed almost from ear ear. appeared she may have been sexually assaulted.  Her dress was partially lifted and her girdle had been pulled down and torn. 
The temperature the deceaseds liver was measured and the degree rigor mortis noted, but the coroner had difficulty estimating the time death.  The temperature the victims liver indicated she had been dead only couple hours, but that estimate may have been inaccurate, because the body had been covered and the room may have been warm.   
Other factors, particularly the degree rigor mortis, indicated the victim had been dead for anywhere from six eight hours, long hours. Jack Vincow had seen his mother alive approximately hours earlier, however, when had visited her the previous afternoon. 
Police recovered fingerprints from the screen found the living room floor that later were identified defendants fingerprints. 
Nine months later, March 17, 1985, shortly before 11:00 pm, Maria Hernandez entered the garage the condominium she shared with her roommate, Dale Okazaki, Rosemead. the garage door was closing, she unlocked the door her condominium and heard noise behind her.  She turned see the defendant holding gun pointed her face.  She raised her hand shield her face and said something like dont stop.   
Defendant approached within few feed and fired the gun.  The bullet hit Hernandez her hand and apparently was deflected the keys she was holding.  She fell the floor.  She did not lose consciousness, but lay still.  Defendant shoved her aside and entered the condominium.  The door closed behind him and Hernandez opened the garage door and ran outside.  She stumbled and fell. she got up, she heard muffled loud sound. She ran around the front the condominium complex and saw defendant leaving the complex.  She ducked behind car pointed the gun her.  She said, please dont shoot again and lowered the gun and ran away. 
Hernandez approached the front door her condominium and found ajar.  Inside she found her roommate, Okazaki, lying dead the kitchen floor.  She had been shot the forehead from more than inches away.  Her blouse had been pulled up.  Hernandez summoned the police. subsequent autopsy, .22-caliber bullet was retrieved from Okazakis skull. 
Police found the ground outside the garage blue baseball-type cap bearing the name the rock group AC/DC. associate defendants later testified that the cap  looked like one defendant wore.  Hernandez later identified defendant her assailant police lineup and identified the defendant trial. 
About hour after Dale Okazaki was murdered and Maria Hernandez was shot, shortly before midnight March 17, 1985, Jorge Gallegos was sitting his parked car with his girlfriend front her residence Monterey Park when his attention was drawn the sound two cars applying their brakes. car driven defendant apparently had forced car driven Tsai-Lian the side the road, where was forced stop with its  bumper against the bumper parked car.  Defendant got out his car and pulled out her car she fought. 
Joseph Duenas was his second-floor apartment when heard woman scream help me. went onto his balcony and saw struggling with man near the curb.  Duenas grabbed telephone call the police and returned the balcony. saw the man push away, enter his car, and drive away. defendant drove past Gallegos, Gallegos could see his profile and noted the license number the defendants vehicle.  Gallegos identified the defendant trial. 
After the defendant left, crawled short distance and then lay still. police officer soon arrived and found breathing but unconscious.  She stopped breathing and the officers administered CPR until ambulance arrived.  She had been shot twice the chest close range and was pronounced dead the hospital. later was determined that .22-caliber bullet recovered from Yus body had been fired from the same gun the bullet that killed Dale Okazaki. 
One the victims shoes was found the ground and the other was her car. torn portion $20 bill was the ground.  The car was running with the transmission reverse.  Its headlights were and the drivers side door was open. 
Bruno Polo managed two pizzerias owned Vincent Zazzara. March 28, 1985, about 8:30 pm, Polo went the home that Vincent Zazzara shared with his wife Maxine deliver the days receipts from the restaurant and found the screen door unlocked and the front door ajar.   
Polo rang the doorbell and called out Vincents name, but received response. placed the receipts the mail slot, was his usual practice, and left.  When Polo had not heard from Vincent Zazzara the following morning, and fellow employee went back the Zazzaras house and found the door the same position the night before.  They entered and found Vincent Zazzara lying dead the couch the den. had been shot the head from close range. 
Maxine Zazzaras body was found the bedroom lying her bed, partially covered sheet.  Her pajama top had been pulled up, exposing her breasts, and her pajama bottoms had been pulled down around her ankles.  She had been shot the head and neck close range, stabbed her neck, cheek, chest, abdomen, and pubic area, and her eyes had been cut out.  Her eyes were never found.  Drawers had been pulled out the bedroom and bathroom, and clothing was strewn around the room. later was determined that two .22-caliber bullets removed from Maxine Zazzaras head and neck had been fired from the same gun later used kill Chainarong 
Police discovered that the screen had been removed from patio window the Zazzara residence, which had been pried open. bucket had been placed underneath the window.  Footprints the bucket and the flower bed were made Avia athletic shoe. May 1985, intruder entered house Monrovia removing louvers from kitchen 
window and climbing onto patio chair that had been placed against the wall beneath the window. shoe print recovered from the kitchen sink near the window was made Avia athletic shoe.  The defendants palm print was found the sink. May 14, 1985, about 5:00 am, police dispatcher received 911 call from residence Monterey Park. man repeated, Help me, help me.  The dispatcher sent ambulance, which arrived within five minutes.   
The firefighter who responded found the iron security gate and the front door open. entered and encountered Yuriko Lillie Doi nightgown who motioned toward her husband, William Doi, who was sitting chair the den telephone; was unconscious and breathing with difficulty.  Books and papers were strewn around the room.   
After taking few labored breaths, Mr. Doi stopped breathing and the firefighters tried resuscitate him. ambulance arrived and took him the hospital where was pronounced dead.  Mr. Doi, who was years old, had been shot the head with .22-caliber bullet fired from Jennings semiautomatic pistol that later was recovered from Jose Perez, convicted felon who had obtained the gun from defendant. 
Mrs. Doi was dressed nightgown.  She had thumb cuff her left thumb and her other thumb had blood it.  Her face was swollen and bruised.  The den and bedroom had been ransacked.  Dresser drawers were open and clothes had been thrown around the room.  Mrs. Doi, who had suffered stroke prior this incident, was unable testify trial. screen had been removed from open bathroom window and was lying the ground.  Outside the window, the police found footprints from Avia athletic shoe. 
Linda Doi-Fick, the daughter William and Yuriko Doi, later identified several items property that had been taken from her parents home, including her mothers wallet and pieces jewelry, which had been recovered from Felipe Solano, who had purchased the items from defendant 
Laurie Dempster, who delivers newspapers, testified that she had seen defendant car parked near the Doi's home hour and half before the attack. May 31, 1985, Carlos Valenzuela noticed that newspapers had been left the driveway the house shared 83-year-old Mabel Bell and her 79-year-old sister, Florence knocked their door, but received reply.  The next day, returned and knocked the door again.  When there was reply, entered the house through the unlocked door and found Bell and Florence  Florence was lying the bed one bedroom.  Bell was lying the floor next the bed another room with table her chest.  Valenzuela removed the table and left call the police. 
Paramedics arrived and found Bell still breathing and took her hospital.  She was comatose.  Her skull had been fractured; the injury could have been caused hammer.  She had black eye. red circle with star pentagram) had been drawn her thigh, perhaps using lipstick.  She had injuries her body caused burns.  Bell died from her injuries about month later July, 1985. the other bedroom, Florence L.s wrists had been bound using electric cord and her ankles were taped together.  Above the bed, pentagram had been drawn the wall. tube lipstick was found the floor. hammer lying table next the bed had blood and hair it.  Florence was taken hospital, where examination revealed evidence that she had been sexually assaulted.  She had puncture wound her head, two black eyes, and her face was bruised.  Florence Later regained consciousness, but police were unable communicate with her. 
The house had been ransacked. partial shoe print found unplugged clock was consistent with Avia athletic shoe.  Several items taken from the residence later were recovered from Felipe Solano, who had purchased the items from the defendant. 
Before dawn May 1985, Carol was awakened her Burbank home the defendant. may have entered through unlocked doggie door the back door. was standing over her bed, holding gun, and shining flashlight her eyes.  The defendant ordered get and dont make any noise. took her into the bedroom her 12-year-old son, woke him up, and handcuffed her her son. called her names and repeatedly asked where was her money, jewelry, and other property.   
The defendant ran from room room, ransacking the house. found Carol K.'s wallet and removed her money.  Defendant made Carol and her son lie the floor and covered them with sheet. then removed the handcuffs from Carol handcuffed her son behind his back, and put him closet.   
The defendant took Carol her bedroom, put the gun her head and threatened kill her. then tied her hands behind her with pair pantyhose. forced her kneel with her head the bed and covered her head with pillow. Periodically, punched her the back. ordered her lie the bed and raped her and sodomized her. brought her son from the closet and handcuffed them together the bed.  The defendant said, I dont know why Im letting you live. ...Ive killed people before. threatened have friend come back and kill her she went the police.  The defendant left and they called the police. 
The victim later identified the defendant lineup and trial and identified several pieces jewelry that police had recovered from Felipe Solano, who had purchased the items from the defendant. 
Mary Cannon was widow her 80's who lived alone Arcadia. the morning July 1985, neighbor, Frank Starich, noticed that window screen was lying the front porch and 
her newspaper was the driveway. knocked the door, but received response, retrieved extra key Cannon had given him.  Starich and his wife entered the house, but soon left call the police when they saw that things the house had been thrown the floor.  The police arrived and found Cannon lying dead the bed.  She had been strangled and beaten and stabbed the neck.  Her nose was broken and both eyes blackened.  She had large, extremely lethal, wound the neck. window the bedroom was open and the bedroom had been ransacked. the carpet and tissue, police found shoe prints from Avia athletic shoe. 
Several days after Canon was murdered, shortly after midnight July 1985, 60-year-old Whitney dressed for bed and sat down her bed with the light on.  Several hours later, she awoke lying face down her bed covered with blood.  She had multiple skull fractures, which could have been caused tire iron that had been left her bed. physician later testified, This was the most massive head injury Ive ever seen.  She had greater than forty inches linear lacerations crisscrossing every direction her head.  She had been strangled, which resulted fractured larynx, and had black eyes.  She summoned her father, who called the police. 
The screen had been removed from her bedroom window. shoe print from Avia athletic shoe was found the bedroom. 
Two days after the attempted murder Whitney B., July 1985, neighbor Joyce Nelson noticed that screen had been removed from Nelsons bedroom window.  Finding the front door ajar and seeing that  Nelsons home had been ransacked, called the police, who found Nelson lying dead her bedroom floor.  She had died from blunt force head injuries and had been strangled.  She had multiple bruises, lacerations and contusions her face. 
Between 3:00 and 4:30 that morning, Laurie Dempster, the newspaper deliverer, had seen the defendant walking his car, which was parked next door Nelsons house Monterey Park.  Dempster returned about minutes later and noticed the car remained but the defendant was gone. the flower bed beneath Nelsons open bedroom window, police found shoe print from Avia athletic shoe. 
About 3:30 that same morning, July 1985, Sophie awoke her home Monterey Park before dawn when the bedroom light went on.  Defendant put gun her head, covered her mouth with gloved hand, and threatened kill her she made sound.  The defendant handcuffed her, took several items jewelry and some money, and then raped and sodomized her.  The defendant handcuffed the victim the bed and fled. 
The victim yelled for help from neighbor who was deputy sheriff. responded and called the police, who found that defendant had entered the house through cat door, which had 
been bent out shape. 
The victim later identified the defendant lineup and identified several pieces jewelry that police had recovered from Felipe Solano, who had purchased the items from defendant.  The victim repeated her identification the defendant trial. the morning July 19, 1985, the bodies Maxon and Lela Kneiding were discovered their bed their daughter, who had come looking for them after they failed meet her restaurant for breakfast planned.  Their throats had been slashed and they had been shot the neck and head.  The bedroom had been ransacked. .22-caliber bullet recovered from Ms. Kneidlings brain had been fired from the same gun that fired the bullets that killed Dale Okazaki and Tsai-Lian Yu.  The victims daughter later identified several pieces her parents jewelry that police had recovered from Felipe Solano, who had purchased them from defendant. 
The next day, shortly after midnight July 20, 1985, Somkid was sleeping her living room couch when she was awakened the sound the sliding screen door opening.  The defendant entered holding gun and ordered her quiet. went into the bedroom and shot her husband, Chainarong, the head, killing him.  The defendant returned the living room and brought Somkid into the bedroom, threatening kill her children she resisted. raped her, sodomized her, ate her, and forced her orally copulate him.  The defendant tied her eight-year-old son and hit him. took jewelry, money, and video cassette recorder and left. 
Police found shoe prints from Avia athletic shoe the front porch, the rear porch, and inside the house.  The victim later identified the defendant lineup and identified several pieces jewelry and suitcase that police had recovered from Felipe Solano, who had purchased them from defendant. .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. 
Early the morning August 1985, Virginia Petersen woke find defendant walking into her bedroom pointing gun her.  She asked who was and demanded that leave. told her quiet, asked, Where it? and then shot her the face.  Her husband, Christopher Petersen awoke and sat and defendant shot him the head, but did not lose consciousness. jumped from the bed and chased defendant, who fired least two more shots and then fled through sliding glass door that had been let unlocked.  Christopher Petersen drove his wife the hospital. 
Virginia Petersen later identified defendant lineup and trial. 
Before the dawn the morning August 1985, Sakina was awakened the sound defendant shooting her husband, Elyas, the head lay next her, asleep.  The defendant 
struck Sakina the head and handcuffed her hands behind her back. continued beat her, forcing her swear upon Satan that she would not scream.   
The defendant blindfolded and gagged the victim before ransacking the bedroom, demanding money and jewelry.  The defendant removed the victims blindfold and gag, and she directed him briefcase that contained jewelry and her purse, which contained money.  The defendant took ring and necklace she was wearing.  The defendant forced the victim orally copulate him, then raped and sodomized her.   
The victims three-year-old son awoke, and defendant bound his hands and feet and covered his head with pillows. handcuffed Sakina doorknob, threatening return and kill her, her three-year-old son, and her infant child she called the police.  The defendant then fled. 
Sakina untied her son, called vain for her husband, and screamed for help.  Receiving reply, she sent her son neighbors house promising the child that the neighbor would give him popsicles and candy bars.  The neighbor returned the child his home, found Sakina A., and summoned the police. 
Police found sliding glass door had been pried open.  Elyas had been killed single bullet the head.  Subsequent analysis revealed that 25-caliber bullet recovered from the victims head had been fired from the same gun that fired bullets recovered from the home Virginia and Christopher Petersen. 
Sakina later identified the defendant lineup and identified television, videocassette recorder, and several pieces jewelry that police had recovered from Felipe Solano, who had purchased them from defendant.  The victim repeated her identification the defendant trial. August 30, 1985, law enforcement officers had focused their suspicion upon the defendant and obtained photograph him, which they distributed law enforcement agencies throughout Southern California and released the news media.  The defendants photograph appeared the newspaper the next morning. the morning August 31, 1985, Manuela Villanueva was sitting her parked car when the defendant ran and demanded her car keys.  She ran out the car and called for help.  Frank Moreno and Carmelo Robles responded and chased defendant down alley.   
The defendant climbed over fence and encountered Fastino Pinon, who was working his car, which was running.  The defendant entered the vehicle, saying had gun, but Pinon attempted pull defendant from the vehicle.  They struggled the car moved and struck chimney.  The defendant left and ran toward the street. 
Angelena Delatorre was sitting her parked car across the street from Pinons house when the 
defendant demanded her car keys.  She refused and pulled her out and entered her car.  She screamed and her neighbor, Jose Burjoin, responded and ordered defendant leave.   
Delatorres husband, Manuel, arrived and struck the defendant the head with steel bar.  The defendant left the car and ran down the street.  Manuel Delatorre pursued and struck the defendant the head second time, causing the defendant fall. stayed with defendant until the police arrived, crowd formed.  Some people the crowd were holding the newspaper with the defendants photograph the front page. the ride the police station the defendant asked the officer just shoot me, saying wanted die. said, all the killings are going blamed me. the police station, the defendant spontaneously confessed: I want the electric chair.  They should have shot the street. did it, you know.  You guys got me, the Stalker.  Hey want gun play Russian Roulette.  Id rather die than spend the rest life prison.  Can you imagine the people caught me, not the police?   
The defendant laughed and then added: You think Im crazy, but you dont know Satan. hummed the song Night Prowler the rock group AC/DC. 
The defendant continued: Of course did it, you know that Im killer.  Give your gun, Ill take care myself.  You know Im killer, shoot me. deserve die.  You can see Satan arm.  The defendant moved his shirt sleeve reveal pentagram drawn his left shoulder. September 1985, guard saw the defendant his jail cell bleeding from his right palm.  The defendant used his blood draw pentagram the floor and write the number 666. October 24, 1985, during the defendants arraignment municipal court, the defendant turned the audience, raised his hand, and said, Hail Satan. pentagram and the number 666 appeared the defendants palm. October 30, 1986, the defendant called guard over his jail cell, displayed photographs two the murder victims, and said: People come here and call punk and show them the photographs and tell them theres blood behind the Night Stalker and then they away all pale. OPINIONS CRIME VICTIMS WHO HAVE DEFENDANTS DEATH ROW not only the victims heinous crimes who suffer grievously the hands the murderers. the narrative below reveal, the loved ones well. 
Jane Bouffard: was early 1996, life was good.  Busy careers; our son had married and presented with two grandsons; our daughter was junior college.  Not too political. asked, would probably say wasnt favor the death penalty, but that was far from mind those days.  Then our lives dramatically changed one sunny February morning. neighbor elderly parents, Gladys and Elmer Benson, called say something was going their South Gate house. dad was and had experienced couple strokes recent years. asked something had happened him. responded that thought someone had stabbed both folks death.  All hell broke loose! turned out that married neighbor term generally given trusted person) had approached parents the middle the night trying get money could spend time with girl friend. parents must have said, No that they didnt have any money. ended stabbing year old mom times leaving her die front the kitchen refrigerator. then walked over dad sitting his wheelchair and stabbed him times his death. proceeded search the house for valuables taking moms wallet, collectable coins and other items. was apprehended the same day the murder. knew very little about how the criminal justice system worked. remember Deputy District Attorney explaining the process me. process difficult comprehend when your mind can hardly remember which day is. some point remember being told that parents murder was death penalty case.  They would send downtown for official determination.  Our states most severe form punishment.  They got it! 
Everyone understood how horrible this murder was.  How could anyone stab elderly couple death; defenseless old couple, dad even wheel chair? cant even imagine the last hour parents lives.   They were good people who had lived the same home for almost years; they survived the depression, were hard working people who paid their bills and raised their kids; teaching them the importance education, work and contributing the community. dad was proud Navy Seabee and WWII veteran. had owed his own General Contracting business for almost years. mom volunteered for everything and helped everyone.  They were well known the community. 
This was horrible stab two elderly defenseless people stab mom and then walk over dad sitting his wheel chair and stab him death.  What kind person does that?  Our system justice provides for death penalty for the most horrific crimes.  The people California have consistently voted that they wanted death penalty.  California taxpayers have spent millions housing this murderer. jury his peers, who heard all the evidence, unanimously voted that this murder was the worst the worst and that should put death.  The California Supreme Court has upheld his conviction.  DNA evidence ties him directly the murder.  Yet continues file appeal after appeal and the court repeatedly grant extensions time limits for responding those appeals. folks deserve much better. 
WHY SUPPORT THE DEATH PENALTY  Joan Alexander one the children Ebora Alexander who was assassinated August 31, 1984 along with sister, Dietra Alexander, Damani Garner and Damon Butler.  They were all shot the head several known gang members that terrorized various locations Los Angeles. mother and father raised all have siblings) have respect for people and the law.  The gruesome manner which family members were killed still haunts all this day.  The one factor that kept with our sanity following these horrendous murders was that the animals were caught and each were going have prosecuted for what they did. 
The only acceptable outcome for these crimes was that none the defendants would ever walk the streets this city again.  The fact that only one the three defendants (Ty Quon Cox) death row acceptable because that individual actually carried out the murders. was and far concerned still cold-blooded murderer with redeemable attributes.  Knowing that after all these years, still alive the taxpayers dime insult me.    
Many people believe that executing still killing person.  Well, say them, that our law.  One the deterrents that have society knowing that when you commit crime horrendous this that you will pay the ultimate price death.  This our law and should remain the law. still continue have violent crimes this state. believe that with the inconsistency how carry out our punishments for horrendous murders, people who decide murder people are not deterred.  For them, they get caught, going jail big thing. least they are still alive. was brought value life, that life the most precious thing have, and you take you DESERVE the most severe punishment allowed law. familys lives were extremely valuable all us.  They deserve better justice than have the individuals who took their lives lose theirs.  Without the death penalty place, the law telling that our familys lives did not matter. NINTH CIRCUIT MOCKERY THE DEATH PENALTY 
 The best demonstration the role the judges aiding and abetting the failure the death penalty U.S. Court Appeals for the Ninth Circuit's rulings federal habeas writs. 
 Federal courts have granted relief the form new guilt trial new penalty hearing roughly 70% the 100 cases that federal courts have disposed thus far.  (Alarcon Law Review, 93.) full 70% the federal habeas writs are reversed.  Can any statistic say better?  The judges are the ones who are making mockery the law passed the people. 
 One left wonder any judge who personally opposes the death penalty should sit any aspect death penalty case, federal state judge.  They should have disqualified themselves under current ethic rules. ALTERNATIVES COMPLETE ABOLITION THE DEATH PENALTY Fix the System. Consider disqualifying judges who personally oppose the death penalty sitting any death-penalty cases. This could accomplished legislation initiative. 
  Arguably judges who are death penalty opponents should disqualify themselves under    current ethical guidelines but obviously have not. Enact law either legislation initiative speed the appeal process, especially the habeas corpus both the state and federal courts. contained this paper's section habeas corpus, Texas has enacted very strict statute which controlled the trial judge with habeas proceedings beginning the same time the direct appeal. has cut down the total appeal time least one quarter (1/4) what the California Procedure does. 
Both procedures, insuring that judge who opposes the death penalty could sit, and strict time-conscious law limiting the time for all appeal action, including direct appeal and habeas would correct the deplorable situation fostered the California system. Reforms the death penalty should limited speeding the judicial process and sensible safeguards protect the innocent.  Retroactive elimination the death penalty for 700-plus inmates would affront the thousands victims, living and dead, the heinous murderers currently sitting death row. 

10. SOURCES FOR DEATH PENALTY INFORMATION Criminal Justice Legal Foundation, Kent Scheidegger, (916) 446-0345, Justice For All, Dudley Sharp, (713) 622-5491, (832) 439-2113, California District Attorney Association, Scott Thorpe (916) 443-2017. San Quentin Prison, Wardens Office (415) 454-1460, ext. 5000; Sgt. Walters, Information Officer, ext. 5008. Alarcon and Mitchell Law Review article, Executing the Will the Voters? Roadmap Mend End the California Legislatures Multi-Billion Dollar Death Penalty Debacle. Copy The Savings, Accountability and Full Enforcement for California Act.  e.g., the initiative that gathering signatures. Copy 48-page testimony Chief Justice Ron George January 10, 2008 before the Commission the Fair Administration Justice. 
Considering the Role Judges under the Constitution the United States, HEARING before the Committee the Judiciary, United States Senate, 112th Congress, First Session, October 2011, Serial No. J-112-46, Hrg, 112-137, page 38. 
Statement Senator Jeff Sessions (R-Ala.),  ... would note, Justice Breyer, that voted for well over percent President Obamas nominees, but think have range which you believe they are too flexible about interpreting the Constitution, then would conclude they are not faithful the Constitution and, therefore, could not support them, even though they may wonderful, decent people, intellectually gifted that regard.  And one standards death penalty case.  Any judge [who] says that the U.S. Constitution calls for the elimination the death penalty really should not the bench. least they will not get vote for the bench.]