On February 1, 1985, Overland Park detectives interviewed Robinson, who told them he was starting a charitable organization to provide young mothers job training, food, and housing. Robinson highlights Judge Anderson's rulings sustaining the State's objections to defense counsel's questioning of Jurors 115 and 271. See State v. Dull, 298 Kan. 832, 84041, 317 P.3d 104 (2014) (defendant's arguments regarding weakness and inconsistency of State's evidence failed to meet our demanding standard for reversal for insufficiency of the evidence). K.S.A. Under its particular facts, the Yurk court held that the juror's later declaration of impartiality was not controlling and that his exposure to such a uniquely prejudicial media report during trial warranted a mistrial. He reported for duty at Great Lakes Naval Base, outside Chicago, Illinois, in early January 1985. Applicants explained how the use of informants was likely to be unsuccessful because they knew of no informants, other than women who were already involved with Robinson and could not be trusted to maintain confidences. Forensic odontologist Daniel Winter confirmed Trouten's identity with her known dental records. In support, he cited studies in the fields of psychology and social science that suggest humans struggle to set aside preconceived opinions but will confirm their ability to do so when asked. Under its plain language, the statute specifically limits application of this provision to situations involving evidence that a person committed a crime or civil wrong on a specified occasion to infer a person has the disposition or propensity to commit[ ] another crime or civil wrong on another specified occasion. (Emphasis added.) See Zimmerman v. Board of Wabaunsee County Comm'rs, 289 Kan. 926, Syl. Find Nancy Robinson's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. Reading the instructions together, we find no reasonable likelihood that jurors applied the instructions in a way that prevented consideration of constitutionally relevant evidence. Robinson was looking for a white woman in her teens or early 20s, who had a newborn child, was struggling or disadvantaged, and had no family support or ties. To corroborate this story, Robinson paid Cora Holmes $800 in exchange for her false statement to police. Were questions about Social Security benefit checks improper? As such, the comment exceeded the wide latitude afforded prosecutors in discussing the evidence. As such, we have held previously that multiple capital murder convictions under K.S.A. Coverage gradually dissipated and was nearly nonexistent at the end of 2000 and early 2001. denied 521 U.S. 1118 (1997). The officers also seized a clear plastic folder containing 42 envelopes preaddressed to members of Trouten's family, along with 31 pieces of pastel-colored stationary with Love you, Suzette signed at the bottom. Lewicka told Carter she had a job opportunity in Kansas City illustrating and editing books. Robinson leased this unit through the summer of 1996. ABC's long-running journalistic and true crime show, '20/20,' focuses on notorious serial killer John Edward Robinson in an episode titled "Sole Survivor." It has resurrected his sinister reputation in public memory. Lisa Stasi's aunt, Karen Moore, testified that she had contacted Hope House and took Stasi to the organization just before January 1, 1985. Robinson next argues the trial court applied an impossibility of fair trial standard under K.S.A. Before the move to Johnson County, Carolyn Trouten observed her daughter researching overseas educational opportunities, and Trouten began filling out a passport application, a copy of which was seized during the search of Robinson's Olathe storage unit. Decide for yourselves. Bornholdt, 261 Kan. at 65960. Comments with Potential Impact on Defendant's Constitutional Rights. 222401a? 223201(b). It wasnt true, of course. OLATHE, Kansas (Court TV) -- In an apparent surprise to prosecutors, the tearful wife of accused serial killer John Edward Robinson Sr. testified on cross-examination Thursday that her. In State v. Beaman, 295 Kan. 853, 286 P.3d 876 (2012), defendant sought a sentencing continuance to research an Eighth Amendment argument under Jessica's Law that might have applied at sentencing. Defendant renewed his motion to change venue for a third time on October 9, 2002, explaining that a local radio personality had been giving away T-shirts outside the courthouse as a publicity stunt that morning. First, there was no fundamental failure of the proceeding. Rizzo, the former reporter, told a story about how, in 1977, a big banquet was held in Robinson's honor in downtown Kansas City at a hotel and he was awarded "Man of Year" for the great work he'd done. Search warrants issued by a district magistrate judge may be executed only within the judicial district in which said judge resides or within the judicial district to which said judge has been assigned pursuant to K.S.A. If so, I submit that a statutory provision that is facially more analogous to the determination of which crime is applicable is found in K.S.A. During the State's cross-examination of Cunningham, prosecutor Welch explored the expert's qualifications, methodology, and fee. The instructions were identical except for the name of the primary victim, Trouten or Lewicka, and the relevant dates of the offense. In October 1997, Robinson had his insurance agent write a 2year auto policy on Lewicka's vehicle, explaining she was an employee. K.S.A. She told a friend she was moving to Kansas City to be with an older married man who had offered her a job doing secretarial work and illustrating BDS&M manuscripts. at 2767 (Breyer, J., dissenting). We apply the following standard of review to scope of voir dire challenges: Generally the nature and scope of the voir dire examination is entrusted to the sound discretion of the trial court. A prosecutor's statements must accurately reflect the law. The prosecutor repeated this explanation at the outset of closing argument. In August 1994, SSA received a completed disability review form for Debbie, purportedly signed by Sheila Faith. He noted the injuries were similar to Trouten's. Robinsons modus operandi was to target vulnerable women having problems in their lives. 2. Today October 5, He is 75 years old and incarcerated in the Kansas prison system. Even Robinsons conviction for capital murder did not break their marriage. Robinson's counsel would explain that the 50yard line represented a person who had no exposure and formed no opinions based on the coverage. When viewing the remarks together in context, we found the improper motive and effect of the comment was apparent. That contention is not strongly supported by the record but, even if true, the comments were still improper. Here, Kleypas chose not to voir dire the jurors concerning the binding effect of his prior murder conviction or any of the aggravating circumstances. Close cases can be imagined under virtually any statute. If the defendant receives a life sentence, he will be able to maintain a relationship with his wife, children, grandchildren and other family members. Robinson argues K.S.A. A court considers nine factors in deciding whether community prejudice has reached levels warranting a change of venue under K.S.A. K.S.A. Cunningham also observed that Robinson's previous computer activity in prison was focused on software and troubleshooting, not Internet activity. 2222, 119 L.Ed.2d 492 (1992), where the Supreme Court recognized a capital defendant's constitutional right to a life-qualified jury and the concomitant right to remove for cause on the ground of bias any prospective juror who will automatically vote for the death penalty irrespective of the facts or the trial court's instructions of law. See State v. Bohlman, No. These remarks did not affect Robinson's peremptory challenges or fair trial rights. As set forth above, Judge Anderson permitted defense counsel to disclose case-specific facts and to inquire whether those facts rendered prospective jurors unable to be impartial or prevented them from meaningfully considering mitigation evidence or a life sentence. William Bonner paid his ex-wife $1,000 in monthly alimony for 18 months. The rulings were an appropriate exercise of lawful discretion and cannot be construed as retaliatory. He also asked Remington for information on all of Trouten's previous BDS & M partners. Lisa Stasi, formerly Lisa Elledge, was 18 years old when she began dating Carl Stasi sometime after June 1983. On February 14, Trouten arrived and checked into Room 216 at the Guesthouse Suites in Lenexa. Judge Anderson overruled the objection, noting that it presupposes that [the prosecutor's] question, which references the different homicides deal[s] only with the elements of the crime but not the mitigating factors and the aggravating factors The record provides no basis to construe the comments differently from the district judge's construction, and we perceive no misconduct in the form of the question. These rulings are consistent with the majority of federal and state authority. He now complains that Instruction No. Robinson cites to several state court decisions from other jurisdictions that stand for the general proposition that jurors in capital proceedings who cannot consider both available sentencing options are not qualified to serve. denied 516 U.S. 1140 (1996). The trial court granted the motion during a September 12 status conference. Cox complied, crafting letters to her mother and daughter that were written as though she were in Paris, London, and Australia. Law enforcement later intercepted a call from Robinson to Remington's phone, which was answered by her minor son. Also, the State's evidence of Robinson's planning and preparation to kill Trouten and conceal her disappearance is probative of his specific intent to inflict bodily injury. Likewise, in the October 31, 2002, ruling denying defendant's motion to continue the penalty phase, Judge Anderson explained that in the summer of 2001 Mr. Robinson chose to discharge the capital defense team provided to him by the State of Kansas and did so by retaining counsel, Mr. Thomas, who undertook to represent him at that time. (Emphasis added.). 2516, 165 L.Ed. denied 135 S.Ct. Indeed, in the first e-mail submission, Remington made clear she was including only a selection of her chat logs with Trouten. 222503. 222503 to clarify that search warrants issued by a district magistrate judge were executable within the judicial district rather than the territorial limits of the county in which the judge resides. Robinson now argues Glines' testimony, particularly her comments that Robinson asked her to move back to Kansas, live with him, work for him, and never speak to her family again, violated K.S.A. A review of the transcript confirms that in both instances, defense counsel's questions invited these panelists to compare the various theories or categories of aggravation and mitigation that were likely to be at issue in the case and discuss how such evidence would affect their sentencing decision, i.e., staked out the jury. We have rejected the view that K.S.A. 214624(e) unconstitutional. Ex parte McNabb, 887 So.2d 998 (Ala.2004); People v. Lucas, 60 Cal.4th 153, 260, 177 Cal.Rptr.3d 378, 333 P.3d 587 (2014) (trial court did not err in denying challenge of juror leaning strongly in favor of death sentence but willing to consider mitigation); Spivey v. State, 253 Ga. 187, 19394, 319 S.E.2d 420 (1984) (same); State v. Sepulvado, 672 So.2d 158, 164 (La.1996) (same); Eaton v. Commonwealth, 240 Va. 236, 248, 397 S.E.2d 385 (1990) (same). 7, 307 P.3d 1278 (2013); State v. Ly, 277 Kan. 386, 392, 85 P.3d 1200, cert. The pattern of stains ran from floor to ceiling and approximately 4 to 5 feet in width, from the middle of the south wall all the way to the east wall, with the highest concentration at waist to chest level. 60455. In discussing these elements, Morrison said, Finally, concealment, the barrels hidden away or isolated. That's the ultimate concealment; isn't it? To support this argument, the State planned to have Mattingly testify to the odor or property damage complaint concerning unit F10, in addition to having police testify that the barrels found in unit E2 had been wrapped in large plastic sheeting with kitty litter placed along the bottom to form a dam that would contain seepage of biological fluids. 2788 (2012). Mitigating circumstances are those that lessen or diminish the moral culpability or blame of defendant or otherwise warrant a life sentence, and we have cautioned prosecutors not to argue that certain circumstances should not be considered mitigating simply because they do not excuse or justify the crime. denied 131 S.Ct. First, the statutory provision forming the foundation of the majority's theory is a subsection of a statute that is entitled Time limitations for commencement of prosecutions. K.S.A. 60464 (proper foundation required prior to receiving writing into evidence). The prosecutor did not exceed the bounds afforded to him in questioning veniremembers. First, the aggravating circumstance at issue required a direct relationship between the murder and the risk of death to another. Other pertinent facts, such as the date and author of the writing, the form or medium in which it was written, the availability of the original, etc., are also absent. SACV 091224 AG (RNBx), 2009 WL 4730891, at *2 (C.D.Cal.2009) (unpublished opinion) (copies of e-mails constitute duplicate originals under Fed.R.Evid. It is not a recommendation. 222616(1). denied 541 U.S. 1090 (2004). K.S.A. 2294, 33 L.Ed.2d 222 [1972] ). 5. However, on April 14, 2000, Lewicka's father received a different sort of e-mail from his daughter's account. ] 295 Kan. at 864. Jury selection is a task particularly within the province of the trial judge. Carr, 300 Kan. at 75 (quoting Ristaino v.. Ross, 424 U.S. 589, 59495, 96 S.Ct. The trial court denied the motion, erroneously finding that such an evaluation was not relevant and that defendant could testify to the aberrational nature of his crimes without expert testimony. 214624(e) (Furse 1995), with one minor alteration. 2954, 57 L.Ed.2d 973 (1978). Thompson compared the print to several crime scene investigators' known prints but found no match. United States v. Gagliardi, 506 F.3d 140, 151 (2d Cir.2007) (standard minimal); Lexington Ins. Maintaining family relationships and familial grief. The holding in Husted is largely dependent on Congress' use of the word travels in the federal act, and no comparable language in our capital murder statute exists or supports a similar construction. The majority jumps the rails at the start of its journey by describing the capital murder charges as follows: The State charged Robinson with two counts of capital murder, one count for the intentional, premeditated murder of Suzette Marie Trouten (Count II) and the other for the intentional, premeditated murder of Izabela Lewicka (Count III). Slip op. Thus the relevant inquiry is whether these challenged jurors expressed a willingness and ability to hold the State to its burden of proof. 223408(3). 21012 (5th ed.2012) (where search challenged on state law grounds, courts examine underlying state statute and legislative intent to determine if suppression is an available remedy); 2 LaFave, Israel, King & Kerr, Criminal Procedure 3.1(e), pp. 2. The record does not establish with any degree of clarity that Juror 147 was dismissed for failing to appear. 291 Kan. at 97. When K.S.A. To the contrary, Judge Anderson's jury selection procedures proved to be successful in identifying bias and removing those veniremembers adversely affected by pretrial publicity. The Stasi/Heather Tiffany Robinson case will be featured on ABCs 20/20 on October 4, 2019. Thus the defense believed that inflammatory case-specific facts were inextricably intertwined with the sentencing issue. Mitigating circumstances are to be determined by each individual juror when deciding whether the State has proved beyond a reasonable doubt that the death penalty should be imposed. Christys daughter continued to talk to Robinson by phone during trial.. Ill find her., According to the court records, Lisa Stasi, formerly Lisa Elledge, was 18 years old when she began dating Carl Stasi sometime after June 1983. 1111, 1117 (N.D.N.Y.1992) (Absent concrete evidence that [the magistrate judge] was involved in his prior capacity as Assistant United States Attorney in an investigation of defendant as an open criminal file to which he was assigned, there is no basis upon which to invalidate the search warrant. 532 (2010). 4th 54.150 (homicide definitions), which does not define common scheme or course of conduct.. In Section VIII of the wiretap application, prosecutor Morrison and Detective Brown (Applicants) set forth allegations to satisfy the necessity requirement. Robinson called Donald and Helen and told them a baby was available immediately. 211, 223, 43 A.3d 1044 (2012). The 1970 amendments alone do not explain the legislature's subsequent enactment of K.S.A. They returned to Chicago, along with the baby, the following day. denied 506 U.S. 850 (1992); State v. Hanks, 236 Kan. 524, 533, 694 P.2d 407 (1985) (charges arising from two separate sexual attacks on the victim in her home, one in July and one in November, could be joined properly where they involved same victim, same defendant, occurred in same locale, and acts charged were of similar character), superseded by statute on other grounds as stated in State v. Borthwick, 255 Kan. 899, 916, 880 P.2d 1261 (1994). In the future, it would be harder for Robinson to manipulate women behind bars because he is widely known for luring, deceiving, and killing multiple women. 1698 (2015). [Because this is a death penalty case, this court is empowered to notice and discuss unassigned potential errors under K.S.A. Within days after his arrest, authorities searched Robinson's 16-acre property near La Cygne, Kansas, and a rented storage unit in Raymore, Missouri. Robinson said Stasi thanked him for the assistance and said she had made other arrangements. 3. In fact, in his brief, Robinson compares a redacted version of an e-mail to the unredacted version, and the content of the two messages is identical. Robinson argues that after being sworn, Juror 147 allegedly committed juror misconduct by bringing a Bible into the penalty phase deliberations. On September 3, 1984, Lisa Stasi gave birth to her first child, Tiffany Lynn, at Truman Medical Center in Kansas City, Missouri. Accordingly, we vacate that portion of Robinson's sentence and remand for the trial court to file a corrected journal entry. If I felt there were no mitigating circumstances that outweighed the aggravating circumstances, I would vote for the capital punishment, for death. The defense then asked him to identify mitigation evidence that would assure a life sentence. Darling v. Kansas Water Office, 245 Kan. 45, 51, 774 P.2d 941 (1989). However, if Mattingly observed Robinson cleaning unit F10 with a cleaning solution before the lessee's complaint, then the inference was that the cleaning solution itself stained the mattress. 555, 56062, 20 P.3d 993 (2001), aff'd on other grounds sub nom. However, [n]ot every restriction on counsel's time or opportunity to investigate or to consult with his client or otherwise to prepare for trial violates a defendant's Sixth Amendment right to counsel. Morris v. Slappy, 461 U.S. 1, 11, 103 S.Ct. Compare K.S.A. I think I can do that., In response to this unsolicited comment, defense counsel suggested Juror 271 would still expect the defense to put on evidence. State v. Deiterman, 271 Kan. 975, 979, 29 P.3d 411 (2001). The prosecutor's comments were not gross or flagrant or motivated by ill will. 10 is that the State's burden of proof beyond a reasonable doubt applies to both object clauses of the sentencethat aggravators exist and that aggravators outweigh mitigating circumstances. at 2767 (Breyer, J., dissenting). The pretrial publicity included in the record was predominantly fact-based reporting. No such facts are present here, and Haney does not alter Robinson's duty to make a proffer of the mitigation evidence he would have developed and presented had he been granted a continuance. The State effectively challenged the credibility and reliability of her opinions on cross-examination. Moreover, the district judge properly instructed the jurors on the burden of proof. Even if one is seduced by the majority's interpretation of the capital murder statute, I contend that my present-tense interpretation is certainly a reasonable reading of the statute. As of last year, the average length of time between sentencing and execution in the United States was almost 18 years. Stasi returned to Klingensmith's home to pick up Tiffany on January 9. Did Judge Anderson err in refusing to strike the entire panel? He should be on trial, first degree murder and both of these were young women. Robinson argues the district judge erroneously denied the venue change motion in light of uncontroverted expert witness testimony describing social science studies that suggest people struggle to genuinely set aside preconceived beliefs. Booth found two hairs and two fragments in these swabs that were common to Trouten and not Robinson.
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