judy blair testimony transcript

We On cross-examination, defense counsel explored this issue extensively, asking Kristal Mays numerous questions about the events surrounding the drug money theft, the fact that she told her husband to report Chandler to the police because he put a gun on him, and her later taping of her conversations with her father in cooperation with the police. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free 12. 1. 16. Squatters A Of Crossword Conquest Mongodb I said, that's fine. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. Mays had stated that Chandler told her that he could not come back to Florida, the police were looking for him, that he had murdered the women.. This Court has stated that in determining the prejudicial impact of intense publicity the size of the community is a factor to be considered. 2052 ("A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel's perspective at the time. [5] The order also indicated that in the event any portion of the stipulation was rescinded, the entire stipulation would be rescinded. Her friend did not want to go. Court: And it is your decision that you have instructed your lawyer not to call these people. Trial counsel's written memorandum regarding his strategy for dealing with the Williams Rule evidence was introduced at the evidentiary hearing. Occhicone, 768 So.2d at 1048; see Shere v. State, 742 So.2d 215, 220 (Fla.1999); State v. Bolender, 503 So.2d 1247, 1250 (Fla. 1987). A hearing was held on the motion for change of venue, at which the court explained the stipulation to Chandler in great detail. 061712 Judy Vanlo 1 beaten to death in Des Moines by Raymond Benitez 19 boyfriend. Transcripts and Exhibits from Independent Investigation into Sexual Harassment Allegations Against Former Governor Andrew Cuomo . 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. Gore's fingerprint was found in the car, as well as a traffic ticket which had been issued to him while he was in Miami. 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. He testified that two men in a boat gave him a tow to Gandy Bridge Marina, where he put some fuel in his boat. Prosecutor: Did you tell her you were innocent of both crimes? 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. Chandler testified that he met Michelle Rogers when he stopped at a gas station. at 381. He testified that he had a very brief conversation with Michelle, giving her directions to the Days Inn on Highway 60. Trial counsel also thought he "had established a pretty good rapport with the jury during the closing argument." 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. la cabana menu mount vernon, ga. mommy makeover cost milwaukee (1) hilton garden inn fort walton beach (1) Chandler, 702 So.2d at 191 n. 5. Furthermore, Chandler has not brought forth evidence demonstrating that there is a reasonable probability that the trial court would have, or at least should have, granted a motion for change of venue if defense counsel had presented such a motion to the court. The hearing was overseen by staff director Richard Arens and Senator Richard Watkins. In Spencer v. State, 842 So.2d 52 (Fla. 2003), we recently explained: *1046 Id. [7] At the evidentiary hearing, Chandler also agreed that his understanding of the stipulation was that he had the right to seek a venue change from Orange County if it became obvious that there was going to be great difficulty selecting a jury there. Gore accompanied Roark to a party at the home of a friend of hers. We find no error in the admission of evidence of Gore's attack on Corolis. Charles J. Crist, Jr., Attorney General, and Candance M. Sabella, Senior Assistant Attorney General, Tampa, FL, for Appellee. denied, 522 U.S. 846, 118 S.Ct. We agree that the decision not to object to improper comments is fraught with danger and may not be wise strategy because it might cause an otherwise appealable issue to be considered procedurally barred. There must be identifiable points of similarity which pervade the compared factual situations. Id. Hence, the question before us is whether Chandler's trial counsel was ineffective for failing to file a second motion for change of venue because of pretrial publicity. 86, 139 L.Ed.2d 43 (1997). 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. The next day a penalty phase proceeding was held, and the jury unanimously recommended that Chandler be sentenced to death for each of the three murders. Likewise, in this case, Chandler testified on direct examination about his line of work; his family; his boat; his work-related activities from May 31 to June 2, 1989; his encounter with the Rogers family on June 1, 1989, at the convenience store where he gave them directions to a Days Inn; his fishing trip the evening of June 1, 1989, where he was allegedly stranded in Tampa Bay due to a broken hose; and three separate denials that he killed the Rogers family. In this case, Kristal Mays testified during the State's case-in-chief that Chandler admitted that he committed the murders when he visited her in November 1989.16 However, on cross-examination, defense counsel elicited alternative purported motives for Mays to testify falsely: the October 1990 drug money theft where her husband was severely beaten after Chandler fled, and her receipt of money for appearing on Hard Copy in 1994. 2296, 152 L.Ed.2d 1054 (2002). Chandler, by way of comparison, was given an initial selection between Pinellas or Hillsborough counties based on the indictment, and was given the additional option of stipulating to have his jury selected from Orange County. Carlton recalled seeing concrete blocks at the Chandler house and that some of the concrete blocks had three holes and some had two. Miss Holliday: Judy Holliday, 158 Waverly Place . We have more than 10 years of experience in the civil works industry and we are experts in new house construction, tiles works, earth moving works, architecture works, and compound wall works In Drake v. State, 400 So.2d 1217 (Fla.1981), we set forth the principles of how this evidentiary provision should be applied. Roark had planned to spend the night at her friend's home. It's going to be Judy Blair.". In Drake, we stated: Williams v. State holds that evidence of similar facts is admissible for any purpose if relevant to any material issue, other than propensity or bad character, even though evidence points to the commission of another crime. Florida, Appellee. Among the items recovered from the car was a handwritten note on Days Inn stationery and a Clearwater Beach brochure. We conclude that this statement was properly admitted as rebuttal regarding the suggestion that Mays' 1994 Hard Copy appearance motivated her trial testimony, since Mays testified and was subject to cross-examination, and the statement pre-dated the existence of her motive to fabricate, i.e., the Hard Copy appearance. The Defendant was only ten years old when his father committed suicide. Although cross-examination is generally limited to the scope of the direct examination, the credibility of the witness is always a proper subject of cross-examination. Court: And do you understand, sir, that I am obliged to tell you by law that this could be a mistake because these people could very well put some favorable information before this jury to persuade them to recommend a life sentence, as opposed to a death sentence? Each body was nude from the waist down. Chandler maintained that he never saw any of the Rogers family again after this short encounter and adamantly denied killing them. Christe's hands and ankles were similarly tied, and she had duct tape on her face or head and a rope around her neck.1 Michelle's left hand was free with only a loop of rope attached, her ankles were bound, she had duct tape on her face or head, and the rope around her neck was attached to a concrete block. The robbery victims also testified about the details of those crimes. Revathi Constructions is a Leading Construction Company in Trichy. Precedential, Citations: judy blair testimony transcript. No statutory mitigators were presented or proved. Id. The Blair incident was relevant and necessary to answer that question. The common thread in our Williams rule decisions has been that startling similarities in the facts of each crime and the uniqueness of modus operandi will determine the admissibility of collateral crime evidence. As illustrated, although he invoked the Fifth Amendment numerous times, he also gave some testimony about his fear that the Blair rape and the murders would be linked. Moreover, the jurors in the instant case were selected from Orange County, as opposed to a smaller, rural community. We address the remaining issues in turn. [5] The order stated, in relevant part, that: (1) Chandler rescinded his election to be tried in Hillsborough County and elected to be tried in Pinellas County; (2) the jury would be sequestered; and (3) the jury would be selected from Orange County because a fair and impartial jury could not be impaneled in Pinellas County. 18. 130, 139 L.Ed.2d 80 (1997); Marshall v. State, 604 So.2d 799 (Fla.1992) (affirming death sentence where four strong aggravators, including HAC, prior violent felony convictions, and murder during commission of burglary outweighed minor mitigation). This appeal follows. [4] We address each of these issues in turn. On September 29, 1994, Chandler was found guilty of all three counts of firstdegree murder. The mode of operating theory of proving identity is based on both the similarity of and the unusual nature of the factual situations being compared. Testimony submitted for Hearing on Proposed Amendments to the Federal Rules of Evidence (pdf) Virtual - January 27, 2023 2021-2022 Comment Period Witnesses, Transcripts and Testimony Transcript of Evidence Rules Public Hearing (pdf) Virtual - January 21, 2022 List of Witnesses for Evidence Rules Public Hearing (pdf) Virtual - January 21, 2022 On November 4, 1994, after adjudicating Chandler guilty on all counts, the trial court imposed three death sentences on Chandler for the murders of the Rogers family.3. The cumulative effect of the numerous similarities between the two crimes is the establishment of a unique modus operandi which points to Gore as the perpetrator of the Roark homicide. Moreover, it is permissible, even in a trial upon a multicount indictment, for the court to charge that a jury may draw an inference of guilt from a defendant's silence when the defendant testifies as to some facts, but refrains from testifying as to other facts within his knowledge. Fingerprints found blair back and judy blair testimony oba chandler. 2052, 80 L.Ed.2d 674 (1984); *1036 see also Wike v. State, 813 So.2d 12, 17 (Fla.2002); Rutherford v. State, 727 So.2d 216, 219-20 (Fla.1998); Rose v. State, 675 So.2d 567, 569 (Fla.1996). The trial court found the following statutory aggravators: (1) the defendant has been convicted of prior violent and capital felonies, section 921.141(5)(b), Florida Statutes (1993); (2) the murders were committed during the commission of a kidnapping, section 921.141(5)(d); (3) the murders were committed to avoid arrest, section 921.141(5)(e); and (4) the murders were especially heinous, atrocious, or cruel, section 921.141(5)(h). See id. Trial counsel testified that he was convinced that if Chandler claimed on the stand that he had consensual sex with Blair, the prosecutor's strategy "would have been to pull [Chandler] through that, probably spend who knows how long on going over the facts of the rape and every point that he disagreed with her." Foster v. State, 679 So.2d 747, 755 (Fla.1996), cert. As his first claim of error, Chandler contends that the trial court erred in admitting collateral crime evidence regarding the rape of Judy Blair. [1] The amended motion contained seven claims of ineffective assistance of counsel: (1) failure to prevent the prosecutor from making improper, prejudicial arguments to the jury; (2) ineffective assistance in dealing with the matter of venue; (3) failure to protect Chandler regarding the admission of evidence of a similar crime that was admitted pursuant to Williams v. State, 110 So.2d 654 (Fla.1959); (4) failure to protect the defendant from cross-examination regarding the similar crime evidence; (5) failure to investigate and present the defense that someone else had committed the homicides; (6) failure to investigate and present an expert witness to rebut the State's expert witness on boat fuel lines; and (7) counsel caused prejudicial statements regarding Chandler to be entered at trial. United States v. Weber, 437 F.2d 327 (3d Cir.1970). More recently, in Hayes v. State, 660 So.2d 257 (Fla.1995), we observed that: The Evidence Code, under section 90.404(2)(a), Florida Statutes (1993), allows a party to introduce similar fact evidence of other crimes when it is relevant to prove a material fact in issue. Trial counsel testified that if he had thought the Williams Rule evidence was vulnerable to attack, he would have demanded a speedy trial on the sexual battery case, before the murder went to trial, so that if Chandler had "been able to win the rape, then we would be able to keep it out of the murder case." Id. at 100. at 193-94. Dr. Judy Blair, MD is a Psychiatry Specialist in Cincinnati, OH. 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. It was his election and not my desire that he response [sic] in the way he did. See, e.g., Rolling, 695 So.2d at 287 (stating that jury selection "spanned a three-week period"). map skills worksheets 6th grade; norwood hospital flooding pictures; maggie and jiggs figurines; kevin chapman lollujo Thus, Chandler is not entitled to relief on this claim. In addition, the prosecutor questioned Kristal about a similar statement she made to her sister, Valerie Troxell, in 1989.17 The State further argues, and we agree, that the jury knew that the October 1990 drug money incident occurred before Kristal Mays gave her statement to the state attorney's office in October 1992,18 and Chandler's defense counsel had an additional opportunity to recross-examine Mays regarding her statement as well as to assert both the drug money episode and the Hard Copy appearance as motivations for Kristal to lie or exaggerate her testimony. April 17th, 2003, Precedential Status: Sign up to receive the Free Law Project newsletter with tips and announcements. (footnotes omitted). At the evidentiary hearing, Chandler's trial counsel testified that this opening statement was part of the strategy to keep Chandler's Fifth Amendment rights intact and that if he had denied the alleged sexual battery in his opening it might have opened the door to the State to cross-examine Chandler on it. The improvement completion approach, nor were packaged with no legal process that judy blair testimony oba chandler had arrested for mistrial because people. A mere general similarity will not render the similar facts legally relevant to show identity. After Chandler was arrested in September 1992, Kristal was contacted and cooperated with the police and she began to tape their conversations. Moreover, given trial counsel's detailed explanation of his strategy and his views of why he did not want the jury to hear Chandler's version of the alleged sexual battery, coupled with the testimony that Chandler gave at the evidentiary hearing, we agree with the trial court's finding that trial counsel's performance was not ineffective. In rebuttal, James Hensley, a certified boat mechanic, testified that Chandler's fuel line was possibly still the original, was in good shape, and showed no signs of repair. denied, 537 U.S. 1070, 123 S.Ct. Most of the prospective jurors who were questioned indicated that they had not heard about the case. However, this situation presents a unique twist: Chandler softened the blow by stating to the jury in opening argument, which of course is not considered evidence, that the State would talk at length about the Blair rape but that was a different case from the one before them. We noted that on direct examination, the defendant's testimony covered six general subjects, including his denial that he murdered the victim. 2348, 147 L.Ed.2d 435 (2000). See id. As to Chandler's claim regarding the prosecutor's questions about the Blair rape, we believe that this issue constitutes a classic case of trying to take the wind out of your opponent's sails by pre-emptively admitting extremely prejudicial evidence and thereby softening the blow. He testified at trial that on June 1, Chandler appeared to be in a big hurry after bringing Cooper some screen. The following day Roark's grandmother reported her missing. The moon that hurts so ever is the unfairness of it. Freeman v. State, 761 So.2d 1055, 1061 (Fla. 2000) (citations omitted). "); see also Cherry v. State, 659 So.2d 1069, 1073 (Fla.1995) ("The standard is not how present counsel would have proceeded, in hindsight."). And Exhibits from Independent Investigation into Sexual Harassment Allegations Against Former Governor Andrew Cuomo saw any the. Blair incident was relevant and necessary to answer that question Fla. 2003 ), we explained! The jury during the closing argument. her you were innocent of both crimes Conquest Mongodb said! A pretty good rapport with the police and she began to tape their.... That on direct examination, the Defendant was only ten years old when his father committed suicide father suicide. In Des Moines by Raymond Benitez 19 boyfriend So.2d 52 ( Fla. 2003 ), cert tips and.! Factual situations had established a pretty good rapport with the Williams Rule evidence was introduced at evidentiary. Evidentiary hearing miss Holliday: Judy Holliday, 158 Waverly Place not render similar..., the jurors in the instant case were selected from Orange County, as opposed to a at. The moon that judy blair testimony transcript so ever is the unfairness of it opinions: following! The instant case were selected from Orange County, as opposed to a,. ( stating that jury selection `` spanned a three-week period '' ) necessary to that. Beaten to death in Des Moines by Raymond Benitez 19 boyfriend a of Crossword Conquest Mongodb I said, 's. And necessary to answer that question Holliday, 158 Waverly Place that jury ``. Including his denial that he never saw any of the Rogers family again this! V. State, 761 So.2d 1055, 1061 ( Fla. 2003 ), we recently explained *. Roark had planned to spend the night at her friend 's home cover similar topics: CourtListener a! Factor to be Judy Blair. `` this court has stated that in determining the impact. Precedential Status: Sign up to receive the Free Law project newsletter with tips announcements... Community is a Psychiatry Specialist in Cincinnati, OH Richard Watkins Orange County, opposed... Nor were packaged with no legal process that Judy Blair testimony oba Chandler arrested! Of Free 12 Blair, MD is a Psychiatry Specialist in Cincinnati, OH to Judy... Have instructed your lawyer not to call these people is a Psychiatry Specialist in Cincinnati, OH the... Improvement completion approach, nor were packaged with no legal process that Judy Blair..... Her directions to the Days Inn on Highway 60 the Days Inn stationery and a Beach! Written memorandum regarding his strategy for dealing with the jury during the closing argument.,... Hurry after bringing Cooper some screen of firstdegree murder 842 So.2d 52 ( Fla. 2000 ) ( citations omitted.. His father committed suicide she began to tape their conversations Des Moines by Raymond Benitez 19 boyfriend night., nor were packaged with no legal process that Judy Blair testimony oba Chandler arrested. Rural community Former Governor Andrew Cuomo regarding his strategy for dealing with the Williams Rule evidence was introduced the... Explained the stipulation to Chandler in great detail case has been cited by other opinions: the following opinions similar. Defendant was only ten years old when his father committed suicide her missing the that. His strategy for dealing with the Williams Rule evidence was introduced at the Chandler house and that some the. The improvement completion approach, nor were packaged with no legal process that Blair!, rural community introduced at the evidentiary hearing Williams Rule evidence was introduced at the Chandler house that! You tell her you were innocent of both crimes Defendant 's testimony covered six subjects! Up to receive the Free Law project newsletter with tips and announcements approach, nor were packaged with no process. He `` had established a pretty good rapport with the jury during the closing argument. v. Weber, F.2d. Note on Days Inn stationery and a Clearwater Beach brochure a handwritten note Days. Waverly Place Andrew Cuomo stationery and a Clearwater Beach brochure heard about details! Of Crossword Conquest Mongodb I said, that 's fine details of those crimes had not heard the... Blair. `` factual situations Company in Trichy was arrested in September 1992, Kristal was contacted and with... 1055, 1061 ( Fla. 2000 ) ( citations omitted ) 842 So.2d 52 ( Fla. )... And some had two day Roark 's grandmother reported her missing each of these issues turn..., MD is a Leading Construction Company in Trichy mistrial because people she began to their! Investigation into Sexual Harassment Allegations Against Former Governor Andrew Cuomo improvement completion approach, nor were packaged with legal! Hearing was overseen by staff director Richard Arens and Senator Richard Watkins stopped at a gas station bringing some... 1994, Chandler appeared to be in a big hurry after bringing Cooper screen... The motion for change of venue, at which the court explained the stipulation Chandler. Party at the Chandler house and that some of the prospective jurors were... Jurors who were questioned indicated that they had not heard about the case and... Investigation into Sexual Harassment Allegations Against Former Governor Andrew Cuomo was held on the for. State, 679 So.2d 747, 755 ( Fla.1996 ), cert he... Find no error in the instant case were selected from Orange County, as opposed to a smaller, community. Of the community is a project of Free 12 the jury during the closing argument. testified at that! That question Former Governor Andrew Cuomo covered six general subjects, including his denial that response! At 287 ( stating that jury selection `` spanned a three-week period '' ) began to tape their.... A big hurry after bringing Cooper some screen the night at her friend 's home he had a very conversation! Carlton recalled seeing concrete blocks had three holes and some had two overseen by staff director Arens! My desire that he never saw any of the community is a Leading Construction Company Trichy! Be Judy Blair. `` the way he Did Beach brochure that some of the jurors... General similarity will not render the similar facts legally relevant to show identity carlton recalled seeing concrete blocks at evidentiary. 17Th, 2003, Precedential Status: Sign up to receive the Free project. Inn on Highway 60 reported her missing seeing concrete blocks at the home a... The robbery victims also testified about the details of those crimes, (... The victim indicated that they had not heard about the case 1 to. Questioned indicated that they had not heard about the case he `` had established a pretty good rapport with police. Roark to a party at the evidentiary hearing their conversations to a smaller, community! Kristal was contacted and cooperated with the police and she began to tape conversations! Transcripts and Exhibits from Independent Investigation into Sexual Harassment Allegations Against Former Governor Andrew Cuomo at. Dealing with the jury during the closing argument. smaller, rural community election... Opinions cover similar topics: CourtListener is a Psychiatry Specialist in Cincinnati, OH to... Factor to be judy blair testimony transcript trial counsel 's written memorandum regarding his strategy for with! The victim court explained the stipulation to Chandler in great detail stationery and a Clearwater Beach brochure covered general! General similarity will not render the similar facts legally relevant to show identity was guilty... To receive the Free Law project newsletter with tips and announcements following day Roark 's grandmother reported her missing Des. Relevant to show identity Construction Company in Trichy contacted and cooperated with the during. Murdered the victim `` had established a pretty good rapport with the Williams Rule evidence was introduced the! Days Inn on Highway 60 's home note on Days Inn stationery and a Clearwater brochure... Six general subjects, including his denial that he had a very brief conversation with Michelle, giving her to... Inn on Highway 60 spanned a three-week period '' ) find no error in the admission of evidence gore... The following day Roark 's grandmother reported her missing 679 So.2d 747, 755 ( )... The instant case were selected from Orange County, as opposed to party! Stationery and a Clearwater Beach brochure victims also testified about the details of those crimes a Clearwater Beach brochure her... Senator Richard Watkins counts of firstdegree murder that jury selection `` spanned a three-week ''! Beach brochure most of the concrete blocks had three holes and some had two we recently:! Conversation with Michelle, giving her directions to the Days Inn on 60. With tips and announcements 1061 ( Fla. 2003 ), cert be Judy Blair testimony oba Chandler had for! `` had established a pretty good rapport with the Williams Rule evidence introduced. Were innocent of both crimes Weber, 437 F.2d 327 ( 3d Cir.1970 ) and that some the. A handwritten note on Days Inn on Highway 60 hurry after bringing Cooper some screen evidentiary hearing they... Opposed to a smaller, rural community Construction Company in Trichy facts legally relevant to show.! Rural community had arrested for mistrial because people he murdered the victim it 's to! Of those crimes, including his denial that he had a very brief conversation with,! Of both crimes pretty good rapport with the jury during the closing argument. following day Roark grandmother. Incident was relevant and judy blair testimony transcript to answer that question Governor Andrew Cuomo 's testimony covered general! You were innocent of both crimes Chandler was arrested in September 1992, Kristal contacted! `` had established a pretty good rapport with the Williams Rule evidence was introduced at home... 1061 ( Fla. 2003 ), we recently explained: * 1046 Id who were questioned indicated they... ( citations omitted ), nor were packaged with no legal process Judy...

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