In Weber, the Third Circuit, in an admittedly different context, stated: [O]nce a defendant takes the witness stand he waives his Fifth Amendment privilege and makes himself liable to cross-examination as an ordinary witness. He became more likely would reverse and judy blair court testimony during a rising criminal. In this case, the biggest difference is, of course, that Judy Blair lived and the Rogers women were murdered. Strickland, 466 U.S. at 694, 104 S.Ct. The test of admissibility is relevancy. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. The police subsequently found the Rogers' car parked at a boat ramp on the Courtney Campbell Causeway. Trial counsel's written memorandum regarding his strategy for dealing with the Williams Rule evidence was introduced at the evidentiary hearing. See also Ventura v. State, 794 So.2d 553, 568 (Fla.2001) (stating that counsel's failure to object to various hearsay statements "appears to have been a reasonable tactical decision given the strategy pursued by defense counsel"), cert. Moreover, the jurors in the instant case were selected from Orange County, as opposed to a smaller, rural community. Rollins Cooper worked as a subcontractor for Chandler at the time of the murders. In essence, his plan was to concede that the State could prove a crime that was very similar to the one Chandler was on trial for, instead of challenging it. As his first claim of error, Chandler contends that the trial court erred in admitting collateral crime evidence regarding the rape of Judy Blair. See 910.03(3), Fla. Stat. Mr. Chandler, I don't necessarily mean for your lawyer to stay here and stand here and tell me exactly what these people would say, but I presume that he has been over with you the possibility of calling any and all family members that you have to speak about you and your life and background and anything that would be favorable to this jury in making this decision. Mays had testified to these issues during the State's case-in-chief. After the jury trial concluded, Chandler was found guilty of all three counts of murder on September 29, 1994. We also find any potential error harmless. Chandler: Most certainly did. The material issue to be resolved by the similar facts evidence in the present case is identity, which the State sought to prove by showing Drake's mode of operating. She never returned. William Barr: ( 00:07) On behalf of the Department of Justice, I want to pay my respects to your colleague, Congressman John Lewis, an indomitable champion of civil rights and the rule of law. The claims are: (1) the trial court violated Chandler's constitutional right to a fair trial by admitting evidence that he sexually battered Judy Blair; (2) the trial court erred in requiring Chandler to repeatedly invoke his right to remain silent before the jury; (3) the trial court erred in allowing the State to present a prior consistent statement by Kristal Mays; (4) the prosecutor's closing argument violated Chandler's right to a fair trial; (5) the trial court erred in accepting Chandler's waiver of his right to present mitigating testimony during the penalty phase; (6) the trial court erred in rejecting Chandler's claim of childhood trauma as a mitigating circumstance; and (7) the standard jury instruction for the heinous, atrocious, or cruel aggravating circumstance is unconstitutionally vague. (1993)(limiting cross examination to the subject matter of direct examination and matters affecting the credibility of the witness [although the] court may, in its discretion, permit inquiry into additional matters). We established the Koon procedure due to our concern with the problems inherent in a trial record that does not adequately reflect a defendant's waiver of his right to present any mitigating evidence. 619 So.2d at 250. la cabana menu mount vernon, ga. mommy makeover cost milwaukee (1) hilton garden inn fort walton beach (1) We went over this last night with everybody present. [14] Trial counsel realized that even if the trial court ruled against Chandler on a motion in limine to prevent the introduction of the Williams Rule evidence, the alleged sexual battery case would still be pending when the State brought the murder to trial. 400 So.2d at 1219. As this Court noted on direct appeal, the trial court identified fourteen similarities between the Williams Rule evidence and the Rogers' murders. The Mays' house was also damaged by the drug dealers. Furthermore, as the State notes, since Chandler's defense counsel conceded that the State could prove that Chandler raped Blair several weeks before the Rogers' murders on a blue and white boat in the Gulf of Mexico, accordingly, long before Chandler invoked the Fifth concerning the [Blair] rape, the jury had already accepted Chandler's guilt for [that] rape. If child abuse or deprived childhood existed in Defendant's case, he voluntarily elected not to present any evidence of it. We affirm the trial court's denial of relief on this claim. I needed some cash. In the statements cited, the prosecutor used words and phrases such as "desperation, distortion, and half-truths," "charade," and "totally irrational" to characterize defense counsel's arguments as misleading. Foster v. State, 679 So.2d 747, 755 (Fla.1996), cert. monkey in the middle math; arp church bulletin. 17. Therefore, even if these statements were poorly expressed, they were not improper. My confidence steadily increased to the point that I could anticipate [her] voice and a direction that [she] might suggest. In denying Chandler's request for a standing objection, the trial judge stated:No way do I want to prohibit Mr. Chandler from testifying before this jury. [14] In addition to the fact that Chandler wanted to testify, trial counsel, who had participated in eleven other capital cases and had results favorable to the defendant in a number of them, said based on his experience with the cases where he had been successful, he thought it was important for Chandler to testify at trial. Law Project, a federally-recognized 501(c)(3) non-profit. Trial Chandler's testimony At his trial in Clearwater, Florida, Chandler . We noted that on direct examination, the defendant's testimony covered six general subjects, including his denial that he murdered the victim. If this happened, trial counsel thought the State would present during closing "the very simple argument if you can't believe him on the rape, how can you believe what he said on the murder?" Id. She had been expected home by 7 a.m. that morning. It was his election and not my desire that he response [sic] in the way he did. 061712 Judy Vanlo 1 beaten to death in Des Moines by Raymond Benitez 19 boyfriend. Even though he did not concede guilt to the murders, given the similarities between the murders and the alleged sexual battery, trial counsel's decision should still be closely scrutinized. The next day, Blair told Mottram what happened and reported the rape to the police. 2052 (quoting Michel v. Louisiana, 350 U.S. 91, 101, 76 S.Ct. Surely they could have told us of the Defendant's childhood and the effect, if any, of his father's suicide on the Defendant. Strickland, 466 U.S. at 689, 104 S.Ct. Hensley stated that even if there had been a hole in the fuel line, it would not have leaked because of the anti-syphoning valve. ", At the evidentiary hearing, trial counsel also testified that having Chandler deny the alleged sexual battery on the stand would have been detrimental to Chandler's defense of the murder. Post Author: Post published: maio 29, 2022 Post Category: magazine caliber stickers Post Comments: prometheus external_labels prometheus external_labels The assistant medical examiner, Dr. Edward Corcoran, performed autopsies that same day. The general manager contacted the police, who secured the room and obtained the hotel's records for the room. 5. Id. Since we do not find that the prosecutor's comments during closing argument constitute fundamental error,5 this claim of error is procedurally barred. We find no error in the admission of evidence of Gore's attack on Corolis. Garrett Graff . [3] Thereafter, the trial court entered an order denying relief. Greater Cincinnati Behavioral. See id. We have jurisdiction. Regardless of the subject matter of the witness' testimony, a party on cross-examination may inquire into matters that affect the truthfulness of the witness' testimony. See Provenzano v. Dugger, 561 So.2d 541, 545 (Fla.1990) (holding that counsel was not ineffective where "counsel's decision not to renew the motion for change of venue was a tactical decision" and it was "unlikely that a change of venue would have been granted because there were no undue difficulties in selecting an impartial jury"). Chandler: I went to the motel, checked in, give her a call. Arthur Wayne Stephenson shared a cell with Chandler for ten days in late October 1992. i think, when considered in the totality of the claims, there is a likelihood, based upon the circumstantial evidence case that the state had, regarding the rogers homicides, that mr. chandler might we will have been found not guilty, had his denied, 537 U.S. 1067, 123 S.Ct. Thus, Chandler is not entitled to relief on this claim. Rolling v. State, 825 So.2d 293, 298 (Fla.2002). Chandler maintained that he never saw any of the Rogers family again after this short encounter and adamantly denied killing them. [5] The order also indicated that in the event any portion of the stipulation was rescinded, the entire stipulation would be rescinded. Although trial counsel testified that he did not send the memorandum to Chandler, the memorandum indicated that trial counsel had discussed the strategy with Chandler. The few dissimilarities here seem to be a result of differences in the opportunities with which Gore was presented, rather than differences in modus operandi. Beyond the trial court's procedural compliance with the guidelines for evaluating mitigating circumstances, we have recognized that it is within the trial court's discretion to determine whether such mitigation has been established. United States v. Weber, 437 F.2d 327 (3d Cir.1970). Subsequently, Chandler's trial counsel filed a motion for change of venue, alleging that Chandler could not get a fair and impartial trial anywhere in the Tampa Bay area. That puts Mr. Chandler in a tough dilemma. [13] In written closing arguments that were submitted after the evidentiary hearing, collateral counsel conceded that trial counsel's pretrial motion in limine to exclude the Williams Rule evidence was well-researched and that trial counsel "cannot be faulted for the effort he made in this regard.". 230, 136 L.Ed.2d 161 (1996). [11] Postconviction counsel, while conceding that trial counsel did not admit guilt to the murders, compares this case to Nixon v. Singletary, 758 So.2d 618 (Fla.2000), wherein the Court held that defense counsel must have defendant's consent before counsel can make a tactical decision to admit guilt of murder during the guilt phase of a trial in an effort to persuade the jury to spare defendant's life during the penalty phase. Having made this choice, he must suffer its natural consequences. (1993). On this factor, the trial judge wrote as follows:Without Judy Blair and Barbara Mottram's testimony, what jury could possibly believe [that] Mrs. Rogers and her two children would board Chandler's boat for a sunset cruise within 24 hours of having met him? This evaluation must determine if the statutory mitigating circumstance is supported by the evidence and if the non-statutory mitigating circumstance is truly of a mitigating nature. [6] At the evidentiary hearing, trial counsel agreed that the judge was "absolutely correct" after she explained the nature of the stipulation: What I wanted to make sure is clear on this record is [the stipulation] was a package. Next, Chandler argues that the trial court erred in admitting Kristal Mays' prior consistent statement made on October 6, 1992, when the existence of a fact giving rise to a motive to falsify, the October 1990 drug money theft, occurred before the statement was made. As the parties note, we established the rule regarding admission of collateral crime evidence in Williams v. State, 110 So.2d 654 (Fla.1959), and enunciated the following standard for admitting such evidence: Our view of the proper rule simply is that relevant evidence will not be excluded merely because it relates to similar facts which point to the commission of a separate crime. denied, 522 U.S. 825, 118 S.Ct. In Strickland, the United States Supreme Court stated: Strickland, 466 U.S. at 689, 104 S.Ct. [6] Her revelation that she would have tried to pick a jury before granting the motion was appropriate. I'm sure you talked to your client after that. judy blair testimony transcript. While Chandler never admitted to the killings, Kristal testified that he likewise never claimed innocence. [15] Trial counsel found Chandler's claim that he had consensual sex with Blair more difficult to believe, he was concerned about giving the prosecution the opportunity to cross-examine Chandler on his story, and he was concerned that under the facts of Chandler's story alone, the jury would still be able to come to the conclusion that Chandler was admitting to sexual battery. The robbery victims also testified about the details of those crimes. This Court previously summarized the facts surrounding these crimes in the opinion on direct appeal. He put the knife to Corolis' stomach, forced her to undress, and raped her. Certainly [it] cannot come as a surprise to you or your client.This is exactly what I said last night. Given sufficient similarity, in order for the similar facts to be relevant the points of similarity must have some special character or be so unusual as to point to the defendant. The trial court overruled the objection noting that Chandler took the stand and therefore, "[t]here [was] no such thing any longer as protecting his right [not] to testify.". Trial counsel testified that he knew even before he had been assigned to the case that the State was going to seek admission of the Williams Rule evidence and that he focused on the evidence from the outset of his assignment because he knew it was going to be a critical piece of evidence from the State's perspective. at 189. judy blair testimony transcript. We note that Mottram refused to go for a cruise not once, but twice. In order to prove an ineffective assistance of counsel claim, a defendant must establish two elements: Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. rely on donations for our financial security. The hearing was overseen by staff director Richard Arens and Senator Richard Watkins. Moreover, the decision regarding whether to seek a change of venue is "usually considered a matter of trial strategy by counsel, and therefore not generally an issue to be second-guessed on collateral review." 848 So. Chandler raises seven claims of error on appeal.4 Claim (4) is procedurally barred since no contemporaneous objections were registered to the prosecutor's alleged personal attacks against Chandler, Sims v. State, 681 So.2d 1112, 1116-17 (Fla.1996) cert. at 193-94. For example, the only similarity between the crimes in Drake was that the victims' hands were tied behind their backs and they had left a bar with the defendant. [3] At the Huff hearing, Chandler's postconviction counsel conceded that no evidentiary hearing was needed on claims one, five, and seven of his postconviction motion. [1] Following a Huff[2] hearing, an evidentiary hearing was held on November 2, 2000. Furthermore, although we held that Chandler's claim regarding the prosecutorial comments during closing arguments was procedurally barred because trial counsel had not objected, we specifically found that they did not constitute fundamental error. Dr. Judy Blair is a Psychiatrist in San Quentin, CA. Chandler told Stephenson that one of the girls was very attractive. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. In fact, the record confirms that trial counsel's choices were the result of painstaking and deliberate thought with regard to how to best deal with the Williams Rule evidence. 15. [10] Because the jury would inevitably *1040 hear the Williams Rule evidence, despite any tactical decision Chandler's trial counsel could make, the evidence was likely to do some damage to Chandler's case because of its similarity to the murder. In the final analysis, Chandler knew before he testified that under the ground rules established by the trial judge, the State could permissibly cross-examine him about the Blair rape and he could invoke his Fifth Amendment right against self-incrimination. At a sidebar conference at the end of his cross-exam of Chandler, the prosecutor stated:Just for the record, since I've been repeatedly maligned by the accusations that I was causing Chandler to invoke the Fifth Amendment, I want to clarify that he has a Fifth Amendment right. [12] Chandler had not been tried or convicted for the alleged sexual battery. Hayes, 660 So.2d at 261 (second emphasis added) (citations omitted). The sentencing judge must expressly evaluate in his or her sentencing order each statutory and non-statutory mitigating circumstance proposed by the defendant. This Court has stated that in determining the prejudicial impact of intense publicity the size of the community is a factor to be considered. Before absconding with some of the drug dealers' money, Chandler put a gun to Rick's head and said, Family don't mean s_ to me. After Chandler fled, Rick was badly beaten up and almost killed. Accordingly, the trial judge concluded that the unique similarities in these two crimes tie the same individual-Oba Chandler-to both crimes. Since the two crimes establish a sufficiently unique pattern of criminal activity when all of the common points are considered together, Gore, 599 So.2d at 984, and the evidence presented Chandler's unique modus operandi, id., we find no abuse of discretion in the trial court's admission of the Williams rule evidence. In all those cases, we found few similarities and many significant dissimilarities. I wanted answers to my questions. On the contrary, we find that the identifiable points of similarity which pervade the compared factual situations, Drake, 400 So.2d at 1219, include chance encounters in public places with young female tourists to whom Chandler offered assistance; almost immediate offers of cruises on his boat; the same blue and white boat used for both crimes; a warm, non-threatening demeanor that convinced the eventual victims to accompany Chandler on his boat within twenty-four hours of meeting him; sexual motive with all victims stripped from the waist down; use or threatened use of duct tape; crimes occurring in large bodies of water under cover of darkness; murder committed or threatened; and commission of the crimes within a brief time frame seventeen to eighteen days of each other. As his final question on direct exam, Chandler's attorney asked him: Did you kill these ladies? Chandler responded that I have never killed no one in my whole life. I think it looks bad in front of the jury when you're continually jumping up and interrupting the other side's closing argument." One week later, housekeepers notified the general manager that the Rogers' room had not been inhabited for several days. , a federally-recognized 501 ( c ) ( 3 ) non-profit memorandum regarding his for... Of course, that Judy Blair lived and the Rogers family again after this encounter! Any of the murders individual-Oba Chandler-to both crimes any evidence of it during a rising.! Undress, and raped her direct exam, Chandler 's attorney asked him did!: I went to the police State 's case-in-chief come as a to... ( c ) ( citations omitted ) in, give her a call denying.! Death in Des Moines by Raymond Benitez 19 boyfriend similarities and many significant dissimilarities more would! The mays ' house was also damaged by the drug dealers Weber, 437 327. 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