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People v. Hayes 21 Cal. Dec 23, Lacy, Jr. Opinion by Baxter, J. Dissenting opinion by Mosk, J.

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Peterson substituted the barrel with the silencer adapter on each of the three firearms, mounted the silencer, and test-fired all three weapons, but could not match the projectiles to any of the three weapons. She did everything she was told except take care of the he and hands. Garcia was quiet, appeared to be very scared, and throughout her stay was robot-like, doing what appellant told her to do.


Garcia called her at or at night, said she was there with appellant and another woman, and asked Edwards to bring her some shoes. He returned to the site with two deputies who, while they awaited the coroner, pieced the fragments together and observed a hole that appeared to be the size of a. What appellant believed was quicklime that would hasten decomposition was spread over the bodies.

Defense counsel offered nothing to suggest Agneles further inquiry by the court into the misconduct claim would have been productive. Asked at trial if she knew at that point what was going to happen to de Laet, Garcia testified that she thought so but did not remember what she was thinking. Walter E.


He told her he was a member of the CIA and said that since she talked too much there was nothing he could do to save her. Garcia again returned to Santa Cruz. Clearly there was no adoptive admission of Wynn's alleged statement regarding her own and other jurors' conduct. He was then receiving and selling cocaine regularly and she helped him "cut" it.

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There he told her that two "snitches" had [21 Cal. Appellant was consuming cocaine which he had in one briefcase.

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In determining whether it is reasonably likely that, because of pretrial publicity, a fair trial cannot be held in the county, the trial court will consider, in addition to the nature and extent of the publicity, the nature and gravity of the offense, the size of the community, and the status of the defendant and the victim in the community. He claimed to be one of seven "men of respect" in the country.


The motion for new trial was supported by written statements from defense counsel and the investigator, neither of which was executed under penalty of perjury. Weller was directed to call Dahl from a nearby phone. The four then drove to Santa Cruz in the rental car, de Laet at the wheel. Inside she found instead the Datonic guns and the "cowboy" gun.

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Using the ammonia and rubber gloves, appellant, Weller, and Dahl cleaned the hotel room to remove any trace Lod hair or fingerprints. Garcia drove home with her mother to Soquel. Commenting that "they don't make them like they used to," he then used the hatchet to chop off the he and hands of both victims. Angelse appeal the appellant must demonstrate that the ruling was error because it was reasonably likely that a fair trial could not be had and that the error was prejudicial because a fair trial was in fact denied.

Appellant brought LSD back with him.

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While Edwards was hospitalized, appellant visited and threatened Edwards's life. On May 29,a jury in the Stanislaus County Superior Court, to which county the case had been transferred on a change of venue, returned a penalty verdict of death. Appellant told her she had better take care of this as he was having her followed and her family would be killed if she did not comply. Appellant boasted that he had "pulled a fantastic job" in California, and had "killed two people" whose bodies would never be found as they had been chopped up.

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At another time during the evening appellant took Garcia into the bathroom. Appellant failed to present substantial competent evidence of jury misconduct in support of the motion for new trial, either with the motion itself or at the hearing on the motion. Wynn had admitted to defense counsel, to his investigator, and to the guilt phase prosecutor that Wynn had read a newspaper article about the trial that included highly prejudicial information that the court had ruled was inadmissible.

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Few prospective jurors who did recall the initial publicity remembered anything other than the fact that the bodies had been found on the campus of the university. Anteles one prospective juror believed that calling hundreds of prospective jurors from whom to select only twelve was a waste of their time and taxpayers' money does not support appellant's premise. Here, in contrast to People v. Appellant had then returned to the mainland.

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Law Enforcement Investigation Evidence. He threatened to kill her family if she committed suicide. Minnesota events and return to California. At most the People acknowledged that Wynn had made contradictory statements to representatives of appellant and the People. Angell had been present during the September 17,meeting with District Attorney Danner, and that Boriss had said during the meeting that Wynn had admitted to Boriss that Wynn read newspaper articles about the case during the trial.

Neck and wrist wounds indicated that the he and hands had been removed with a slicing or chopping instrument like a hatchet, machete, or cleaver.

Weller drove appellant in the rental car back to the Millbrae Travelodge. They completed the tasks and returned in about two hours. She made several statements regarding the murder case before immunity was offered at the time of the preliminary hearing in Garcia drove to the site Anteles the murders, reached through the fence and retrieved the three bags left there.

She never heard the term "Hang 'em High Harvey" used during the pendency of the trial. She also testified to that effect at the preliminary hearing and denied that she had seen the hatchet, hacksaw, and garbage bags in the Millbrae Travelodge. The motion was renewed 18 months later Anglees almost 3 weeks of voir dire of prospective jurors. Appellant had MacVicar lean against a tree for a weapons search [21 Cal.

Appellant, Weller, and Garcia then drove back to the doughnut shop. While MacVicar was away on December 26, appellant became angry with de Laet, accused her of partying with cocaine he had given her, and hit de Laet several times, demanding that she apologize on her knees to Weller, who was a "lady.

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She Finx this to be a reference to Mafia people. Jurors commented almost daily that they felt "out of touch" from not reading newspapers or watching TV news. He identified himself as a member of the rescue dog association and as a reserve deputy and offered to help. Hart 20 Cal.