D. Jury Admonition Regarding Speculation. Even if there was, under the substantial evidence standard of review, the victim's description of one of the attackers forcing her to masturbate him to ejaculation together with the DNA match is sufficient to support the conviction. Sherrie Holes, a former criminalist and forensic serologist, who worked at the Contra Costa County Sheriff's crime lab in 2002 and conducted DNA testing, also testified regarding testing of Jane Doe's sexual assault evidence kit. Newton interviewed Jane Doe for an hour to an hour and a half at the hospital. (People v. Snow (2003) 30 Cal.4th 43, 90.) (Strickland v. Washington (1984) 466 U.S. 668, 690 [defendant making ineffective assistance argument required to "identify the acts or omissions of counsel"]). She did not hear back from either man. At the point where the court stepped in to admonish the jury on this point, defendant was inviting them to step outside their role as jurors and supply facts not before them to reach the conclusion defense counsel was urging them to reach. 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. Having done so, we conclude there was no error. Holes began contacting agencies across the state. She told him she didn’t think the slaying stemmed from a botched burglary. Essentially, as defendant puts it, the only explanation for the delay was that the police department was "very busy." George Newton, who was employed as a police officer by the City of Richmond, was dispatched to the park where Russell found Jane Doe. 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. The other two sperm donors were labeled as Male B and Male C. She also located a very low level of sperm from another donor, but could not determine a profile of that donor. She had third degree burns on her earlobe. Having considered and denied each of his arguments with regard to these issues, we also reject his claim that the trial court erred when it did not grant his new trial motion. 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." And you are the sole judges of what are reasonable and unreasonable inferences. I, § 7) has been violated because of delay in filing an information or seeking an indictment: (1) the defendant must show that he has been prejudiced by the delay, whereupon (2) the burden shifts to the People to justify the delay, and (3) the court balances the harm against the justification." 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. The court therefore denied the motion as untimely. Ted Kajani has been removed from a criminal prosecution after officials say he failed to disclose a romantic relationship with crime lab technician Amanda Cardenas (pictured). Defendant argues that the trial court erred when it instructed the jury not to speculate "without evidence, about who the individuals may have been, if any, that the victim in this case may have had consensual relations with." . Here, the trial court correctly concluded that defendant failed to meet his initial burden of showing actual prejudice. ." She had received a beating. That same day, a CODIS administrator wrote a letter to David Stockwell, of the Contra Costa County Sheriff's office regarding the match. The People objected to any continuance, noting that defendant had already brought several Marsden motions, and had successfully secured a change in counsel two weeks into the previous trial. We review the court's exclusion of this evidence under the abuse of discretion standard of review (People v. Chandler (1997) 56 Cal.App.4th 703, 711) and conclude no abuse of discretion occurred. . (People v. Rioz (1984) 161 Cal.App.3d 905, 916-917. The court then pointed out that defendant did not have a right to do his own DNA investigation, but rather "it is a strategy that counsel needs to decide. . 36.) Black Lives Matter-Los Angeles launched a campaign targeting two police unions, saying they will push to have them disbanded. Detectives developed a theory that they were behind Rasmussen’s slaying, releasing sketches and publicizing a reward for information. 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. She had "[d]iffused swelling of the left side of the face, and orbital swelling. As in Crew, there was here no "reasonable likelihood that the jury misapplied or misconstrued the instruction." ., which would explain his DNA on her, I will let you go there. .' On February 14, 2011, the court found that there had been a breakdown in attorney/client representation and granted defendant's Marsden motion. Specifically, defendant asserts that he was not, in fact, interested in getting before the jury evidence of Jane Doe's sexual history but, rather, wanted to point to a potential lie she may have told a police officer in recounting the events of the day leading up to her sexual assault. Eaton noted, however, that Jane Doe reported experiencing pain and tenderness that was typical of blunt force trauma in the genitals typical of a sexual assault. [¶] If you can cite me cases that show that, fine, but you haven't shown me a single case, and it is the most absurd set of speculation I can possibly imagine. Defendant's prejudice argument boils down to this: the only reason he committed the 2008 attempted murder was because he was not incarcerated. 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." All further statutory references are to the Penal Code, unless otherwise noted. A gold grill found at the scene of this crime was also swabbed for DNA. Two assailants, five donors, three donors, one reasonable interpretation of this evidence is that two of the donors were the assailants, two of the donors on Jane Doe were the assailants. Self - Criminalist, Orange County Sheriff (1 episode, 1999) Jane Doe "had a completely closed left eye, swollen shut. [¶] And if that's the case, then, the—then, the natural extension of that logic is that a woman who abuses crack cocaine can't be raped.". The hair that had been burned on her head did not grow back and since the attack she had problems with her eyesight. In general, evidence of a victim's prior consensual sexual conduct is neither relevant to show consent on a different occasion nor to undermine the victim's credibility at trial. She remembered discussing the attack with Detective Gray from the Richmond Police Department in March 2009. 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. . Alternate counsel was appointed and the trial was reset to September 19, 2011, and then continued to January 3, 2012. Interact directly with CaseMine users looking for advocates in your area of specialization. (Ibid. If a match was made, Stockwell would be identified of that fact. 721. ", In denying these requests, the court observed that there was no evidence that the victim had consented to sex with defendant and any testimony regarding her sexual relationship with the former boyfriend, her drug use, and the connection between sex and drug use, was not only irrelevant but relied on a chain of speculation that was highly implausible. Having failed to do so, we reject his argument. ", With regard to questions in general about whether she had consensual sexual relations with her former boyfriend that night, the court explained, "I have said throughout that you may not get into her consensual relations with [former boyfriend] on that night because it's going to her credibility and its not relevant where there—this was a gang rape, there is no dispute that this was a gang rape, there's no dispute that [former boyfriend] doesn't have the same DNA as your client. “Francis was stunned by the realization that it was a woman who bit Sherri,” McGough wrote. On the evening of February 24, 1986, engineer John Ruetten arrived home around 6:p.m in the Van Nuys section of Los Angeles California and discovered the lifeless, bloody remains of his 29-year-old wife identified as Sherri Ruetten Rasmussen. About two months after the killing, two men burglarized a home in the area. Under these circumstances, the court acted within its discretion in denying defendant's Faretta motion. Jennifer Francis was a new DNA analyst in the Los Angeles Police Department’s crime lab in 2004 when she took on an old murder case. You are entitled to consider this lack of opportunity for independent testing by the defendant in deciding how much weight if any, to give to the evidence introduced by the prosecution.". . It draws more sympathy than anger. Several witnesses also testified that defendant did not own or use a gold grill for his teeth at the time of the crime. The woman's face was burned. The criminalist reported the news to the LAPD detective who’d … Under this test, it is only when a defendant meets his burden of showing actual prejudice that the prosecution must justify the delay. Nor does the trial court's decision violate defendant's constitutional right to present a defense as defendant asserts. 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. At that time, she told him what she could remember about the attack. ), 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.' those teeth, gold teeth, out of all that, them gold teeth.". B. Sufficiency of the Evidence. lied when [over seven years after the assault] she said she had consensual sex with [former boyfriend] . [¶] The fact that she may have been with [former boyfriend] that night . After noting that defendant had had adequate time to prepare for trial, the trial court asked if defendant wished to proceed in pro per. Rather, as the Lynch court makes clear, we consider the totality of the circumstances in which the motion is made. Ct. No. Initially it was different in that it was n't set in New York, but that was acceptable. Murder of Sherri Rasmussen. And although it—the onset, he did not wish to waive time, now that he has seen the complexity and the seriousness of all the aspects of the trial, he does wish to waive time and put the matter over . at p. In People v. Mullens (2004) 119 Cal.App.4th 648, 662 (Mullens), the court admitted testimony regarding an incident involving a lewd act against a minor, but excluded evidence that the defendant had been acquitted of a charge of a lewd act against a minor "based on that incident." Rasmussen had been beaten and shot three times in a struggle. Doe's "speech was somewhat delayed, very low toned, slurred." The case stalled until February 2009. And once in a while they hit me, or I'm trying to move and they don't want me to, they hit me—kicking me, it was more kicking, more hitting. . On July 4, 2008, defendant was arrested for attempted murder, a crime unrelated to his 2006 arrest. Code, § 209, subd. 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. . (People v. Dunn-Gonzalez (1996) 47 Cal.App.4th 899, 911.) ), In addition, a Faretta motion "may be denied if untimely." 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. 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. 722. Rob Fromme, the City of Antioch police officer responsible for the search of defendant's house, had the swabs from the grill and the liquid blood evidence relayed to the Contra Costa County Crime Lab on August 26, 2008. We do not agree. Citing its earlier decision in People v. Windham (1977) 19 Cal.3d 121, 127-128, the Lynch court observed that "a motion is timely if made 'a reasonable time prior to the commencement of trial.' It stands out. Nuttall said he launched a highly secretive investigation and lacked trust in the investigators who had prior custody of the case. Sherrie Holes ... Self - Criminalist: Gail Lotze ... Kathy: Eric Lyon ... Self - Son: Paul Quezada ... Self - Friend: Mike Warnock ... Self - Detective: Gil Zamora ... Self - Police Artist In Varona, the victim testified she was raped by several men and subjected to forcible oral copulation. [¶] So, we already have before the jury evidence that there may be more people with sperm on her than there were assailants, according to her statement. Defendant repeated his concern with a detective's report that he believed was missing but, with regard to counsel's other comments, he had no response. In this appeal Oliver argues (1) the trial court erred in denying his motion to represent himself pursuant to Faretta v. California (1975) 422 U.S. 806, 821 (Faretta); (2) substantial evidence does not support his conviction; (3) he was denied due process because the trial court denied his requests to inquire into the victim's drug and sexual history; (3) the trial court erred when it instructed the jury not to speculate about the identity of anyone the victim may have had consensual sexual relations with; (4) his conviction and sentence for robbery must be set aside because it is time barred; (5) the court erred in denying his motion to dismiss for untimely prosecution; (6) the trial court erred in denying his new trial motion; (7) the court erred in rejecting a number of jury instructions he requested; and, finally, (8) counsel was ineffective. In Los Angeles, founded for Spain and a part of Mexico for generations, we pronounce our Spanish-language place names in a unique way. In closing argument, over prosecution objection, which the trial court overruled, defendant's counsel pointed out that Jane Doe testified she'd done some yard work and smoked crack on the day of the attack. A supervisor testified this week that he violated department policy by ordering Francis to the psychological evaluation because he wasn’t her commanding officer, but that he made the referral to help her through sleep and concentration problems. A mixture of DNA from Male A and Male C was present on this condom. “He had been telling us quite often, sir, through the years,” Nuttall said of Rasmussen’s father. With regard to Jane Doe's pants, she developed three DNA sperm donor profiles. Should the "court find[] that evidence proposed to be offered by the defendant regarding the sexual conduct of the complaining witness is relevant pursuant to Section 780 [credibility generally], and is not inadmissible pursuant to Section 352, the court may make an order stating what evidence may be introduced by the defendant, and the nature of the questions to be permitted. [¶] So the fact that she had consensual relations with [former boyfriend] is not, standing alone, exculpatory or relevant to anything. Richmond Police Detective Gray was then assigned to Jane Doe's 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. Sherri told her father about an incident in which Stephanie showed up at her job, allegedly threatening her, “If I can’t have John, no one else will." ." . rousable, cooperative. change. As the court succinctly stated, there was no case she knew of that allowed "an expert to reach a conclusion that a woman has sex for crack based on the kinds of thing—and therefore, her—her sexual history that way should be able to come in, notwithstanding [Evidence Code] Section 782 and 352—you haven't cited me a single case with this kind of expert testimony suggesting her character for sex for crack. On February 10, 2011, the sixth day of trial, defendant made a second Marsden motion. 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. Ruetten later met Sherri Rasmussen, a graduate of Loma Linda University who was on a fast career track in critical care nursing. Dickey is inapposite. Her left eye was shut with stitches and there was also swelling around her lip. Holes's wife, Sherrie, understands his fascination. . He couldn’t have, he has said, because he was unaware that Lazarus or any female officer had any ties to Rasmussen. Jane Doe described the men as African-American and in their early 20's. The court did not err in admonishing the jury not to accept this invitation. Before becoming a full-time mom, she was a DNA analyst at a private lab who helped him identify a suspect, Charles Jackson, in the 1978 killing of 11-year-old Cynthia Waxman of Moraga. Moreover, a further delay would prejudice the People given that the victim "is often homeless," and had been difficult to maintain contact with. She entered college at 16, and by her late 20s was the director of nursing at Glendale Adventist Medical Center, giving presentations and teaching classes for fellow nurses. Of particular importance was the swab on which Willey identified semen, which Holes tested to develop a DNA profile. Vaccine access codes for hard-hit Black, Latino communities improperly used in other L.A. areas. There were "different sorts of matter" noted in the external part of the vagina as well as tenderness in that area. 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 . . Male A was among the sperm donors on Jane Does' pants. The court next conducted a hearing pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden). The possibility that the victim had consensual sex with the defendant earlier in the day was not a "relevant possibility" because there was no evidence to support this argument. When they arrived at the building, the men continued to beat and sexually assault her. Defendant told the court that he did not "want to get rid of my lawyer." 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.". 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. Given that the nature of this instruction was to do precisely that, the court did not err here. In sheriff’s records, Bryan is described as 5´1˝ and 165 pounds. Defendant stated that he did and had "numerous amount of reasons why I need to continue this trial because me and my past attorneys . It is a circumstance that precedes what happened here. To summarize defendant's explanation for the presence of his sperm on the victim is to show how unreasonable it is. This is an episode about persistence and keeping a close eye on even the smallest speck of evidence. Steven Mikulan is a writer-at-large for Los Angeles.“Left Behind,” his last piece for the magazine, on the life and death of B-actress Yvette Vickers, … Defendant concedes his new trial motion raised the same issues he now asserts on appeal. Stephanie Lazarus — was arrested in the slaying. On the external portion of the condom, she located a mixture of DNA from three sperm donors on one of the condoms. 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. The jury found true an enhancement for causing great bodily injury with respect to the torture, rape in concert and forcible oral copulation charges. E. Robbery Conviction, Defendant was charged with robbery on March 5, 2009, more than seven years after this crime was committed and almost four years after his identity was known.
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