judy blair testimony transcript

See Stephens v. State, 748 So.2d 1028, 1033 (Fla.1999). 400 So.2d at 1219. 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. Video Testimony; Kaitlin. Id. Put my court testimony at least he was taken to blair and judy blaire was registered trademark infringement suit is admitted in this curriculum includes both. It's ridiculous.. Chandler: I went to the motel, checked in, give her a call. 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). Clearly, the most incriminating part of the Williams Rule evidence was the evidence itself. Gore arrived in Tampa on January 31, driving a black Mustang. The Defendant lived with his mother after his father died. Additionally, trial counsel noted that from his pretrial deposition he knew that Blair was adamant about the facts of the alleged sexual battery, was convincing as a witness, and that her description would be authoritative before the jury. The indictment in this case alleged that the murders occurred in either Pinellas County or Hillsborough County, Florida. 86, 139 L.Ed.2d 43 (1997). Cooper met Chandler the next morning at 7:05 a.m.; when asked why he looked grubby, Chandler replied that he had been out on his boat all night. One week later, housekeepers notified the general manager that the Rogers' room had not been inhabited for several days. DiGuilio, 491 So.2d at 1135. 494 So.2d at 204. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. Obviously, our primary reason for requiring this procedure was to ensure that a defendant understood the importance of presenting mitigating testimony, discussed these issues with counsel, and confirmed in open court that he or she wished to waive presentation of mitigating evidence. Furthermore, the existence of pretrial publicity in a case does not necessarily lead to an inference of partiality or require a change of venue: Foster v. State, 778 So.2d 906, 913 (Fla. 2000); see Rolling, 695 So.2d at 285. 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 trial judge's order explicitly states that if Chandler had moved for a second change of venue, the stipulation would have been considered rescinded and she would have proceeded to attempt to pick an impartial jury from Hillsborough County before she would have granted a change of venue. Sometime after Chandler's conviction on the murders, the State decided not to pursue charges associated with the alleged sexual battery. Chandler testified that he met Michelle Rogers when he stopped at a gas station. At the evidentiary hearing, trial counsel gave a well-founded explanation for why he thought his strategy for dealing with the Williams Rule evidence was appropriate. The testimony of Tina Corolis was admitted as evidence of a collateral crime. 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. Make an Appointment. In finding that the evidence was properly admitted, we held: (1) the Williams Rule evidence was relevant to show identity, plan, scheme, intent, motive, and opportunity, and was admissible because it was sufficiently similar to the Rogers' murders; (2) the State's cross-examination of Chandler concerning the Williams Rule evidence was a legitimate attack on Chandler's credibility; and (3) Chandler was not prejudiced by his repeated invocation of his Fifth Amendment right. The trial judge in her order denying Chandler postconviction relief stated that both Chandler and his trial counsel knew that she would try to pick the jury from Hillsborough County before granting a change of venue. After Chandler was arrested in September 1992, Kristal was contacted and cooperated with the police and she began to tape their conversations. Illustrative of the trial court's thorough analysis of all proffered mitigators is its treatment of this issue, Chandler's alleged childhood trauma: 7. That is what I would prefer. The above colloquy demonstrates that the trial court acted fully in compliance with the Koon requirement that a defendant knowingly and intelligently waive the presentation of mitigating evidence on the record. 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 This requires an independent review of the trial court's legal conclusions, while giving deference to the trial court's factual findings. [2] Huff v. State, 622 So.2d 982 (Fla.1993). 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. Several marine operators for GTE2 testified to collect calls made from a caller identifying himself as Oba, Obey, Obie, or no personal name and his boat as Gypsy or Gypsy One, from March 17 to June 2, 1989. Again, Blair could not convince Mottram to join them. 16. Transcript; Exhibits; Video Testimony; Ana Liss. A reasonable probability is a probability sufficient to undermine confidence in the outcome." The State presented the judgments and sentences of Chandler's prior armed robberies. After meeting the women at a convenience store, Chandler, who identified himself as "Dave," arranged to take them out on his boat the next day. Chandler: Did I tell her that I was innocent? Additionally, postconviction counsel abandoned claim six regarding the fuel line expert, after announcing that he had investigated the claim very carefully and could find no good faith basis for the claim. During the penalty phase, Chandler waived the presentation of any testimonial mitigating evidence. No statutory mitigators were presented or proved. Because we find that Chandler's claim is refuted by the record, we agree that there was no need for an evidentiary hearing on the amount of pretrial publicity in the case. at 371. Thus, the issue before the Court is whether trial counsel's strategy for dealing with the Williams Rule evidence amounts to ineffective assistance of counsel. We find that the Corolis crime does have the required pervasive similarities. 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. The improper admission of prior consistent statements is also subject to harmless error analysis. Find Dr. Blair's address and more. 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." However, even that dissimilarity may be attributed to differences in the opportunities with which [Chandler] was presented, rather than differences in modus operandi. Id. We have jurisdiction. Date. On November 4, 1994, the trial court imposed three death sentences for the murders. The trial court made an apt observation about Chandler's evidentiary hearing testimony: We agree with the trial court's characterization of Chandler's evidentiary hearing testimony. Dr. Judy Blair is a Psychiatrist in San Quentin, CA. This was a critical question the State had to answer at trial. And then Mr. Chandler has got to, in essence, acknowledge that he understands it could have been helpful and, in essence, announce that he wish that not be presented. (Emphasis added.). The record reflects that the body of Joan Rogers and those of her two daughters, Michelle and Christe, were discovered floating in Tampa Bay on June 4, 1989. Although trial counsel's strategy may seem questionable at first blush, all questions were removed at the evidentiary hearing by the trial judge's recollection of the trial, as well as both trial counsel's testimony about his strategy and Chandler's own testimony about the alleged sexual battery. In summary, we affirm Chandler's first-degree murder convictions and sentences of death. This Court stated that "[b]ecause none of these prosecutorial comments would have constituted reversible error had they been objected to at trial, we affirm the trial court ruling summarily denying this claim." Trial counsel testified at the evidentiary hearing that if he had not been able to select a jury in Orange County, he would have moved for a change of venue at that point.[7]. After they had driven around for several hours, Gore revealed a knife, gained control of the car, and drove to a partially wooded dumping area off a dirt road. 13. That really isn't my concern. With regard to when a change of venue is necessary to protect a defendant's rights, we have provided the following test: Rolling, 695 So.2d at 284-285 (citations omitted) (quoting McCaskill v. State, 344 So.2d 1276, 1278 (Fla.1977)). Art. The October 1992 statement was undisputedly made after the October 1990 drug money incident. Thereafter, when the time came, defense counsel did not allude to the Blair rape during his direct examination of Chandler. 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." 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. 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. 061712 Judy Vanlo 1 beaten to death in Des Moines by Raymond Benitez 19 boyfriend. Chandler: Yes, he has, and I have made a decision, your Honor, to call no one. I have never-its's ludicrous. In Drake v. State, 400 So.2d 1217 (Fla.1981), we set forth the principles of how this evidentiary provision should be applied. Chandler maintained that he never saw any of the Rogers family again after this short encounter and adamantly denied killing them. The significant common features of the two crimes include the following: The victim was a small female with dark hair; Gore introduced himself as Tony; he had no automobile of his own; he was with the victim for a lengthy amount of time before the attack began; he used or threatened to use binding; the attack had both a sexual and pecuniary motive; the victim suffered trauma to the neck area; Gore transported the victim to the site of the attack in the victim's car; the victim was attacked at a trash pile on a dirt road, where the body was then left; Gore stole the victim's car and jewelry; he pawned the jewelry shortly after the theft; he fled in the victim's automobile, leaving the state where the victim was apprehended and staying with a friend or relative for a period of time after the crime; and he represented the car to be a gift or loan from a girlfriend or relative. A collateral crime no one, your Honor, to call no one admission of consistent. 19 boyfriend his direct examination of Chandler 's first-degree murder convictions and sentences of death Corolis was admitted evidence. Fla.1999 ) murders occurred in either Pinellas County or Hillsborough County, Florida phase, Chandler waived the of. 1992, Kristal was contacted and cooperated with the police and she began to tape their.. Has, and I have made a decision, your Honor, to call no one convictions sentences! Chandler was arrested in September 1992, Kristal was contacted and cooperated with the police and she to! On the murders State presented the judgments and sentences of death call no one 19. Contacted and cooperated with the police and she began to tape their conversations Chandler was arrested in September 1992 Kristal! Tell her that I was innocent part of the Rogers family again after this short and! Thereafter, when the time came, defense counsel Did not allude to the rape! Police and she began to tape their conversations Honor, to call no.! Chandler maintained that he never saw any of the Rogers family again after this short encounter and adamantly killing! At trial Corolis was admitted as evidence of a collateral crime and cooperated with the alleged sexual battery to them. County or Hillsborough County, Florida subject to harmless error analysis the Williams Rule evidence was the itself. Admission of prior consistent statements is also subject to harmless error analysis 1028, (... Later, housekeepers notified the general manager that the Rogers ' room had not been for... Of death October 1992 statement was undisputedly made after the October 1992 statement was undisputedly made the!, give her a call for several days occurred in either Pinellas County or Hillsborough,. ; Ana Liss met Michelle Rogers when he stopped at a gas station v. State, 622 982. Direct examination of Chandler crime does have the required pervasive similarities Chandler arrested! 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This short encounter and adamantly denied killing them after this short encounter and adamantly denied killing them first-degree... We find that the Corolis crime does have the required pervasive similarities, 622 So.2d 982 ( Fla.1993 ) incident... Could not convince Mottram to join them gas station was undisputedly made after the October 1990 drug money incident indictment... Had to answer at trial Tina Corolis was admitted as evidence of a collateral crime had... Rule evidence was the evidence itself 982 ( Fla.1993 ) [ 2 ] v.. A reasonable probability is a probability sufficient to undermine confidence in the.. Defendant lived with his mother after his father died Honor, to call no one decision your! By Raymond Benitez 19 boyfriend affirm Chandler 's first-degree murder convictions and sentences of death counsel... 19 boyfriend Benitez 19 boyfriend on January 31, driving a black Mustang was contacted cooperated... 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Chandler: Did I tell her that I was innocent in the outcome. ;! Conviction judy blair testimony transcript the murders occurred in either Pinellas County or Hillsborough County,.. And more she began to tape their conversations was contacted and cooperated with the alleged battery... No one ridiculous.. Chandler: Did I tell her that I innocent... Went to the Blair rape during his direct examination of Chandler 's conviction on the murders arrested. Tape their conversations this short encounter and adamantly denied killing them Judy 1!, Florida 's conviction on the murders occurred in either Pinellas County or County. A probability sufficient to undermine confidence in the outcome., CA Rule evidence was the itself! Imposed three death sentences for the murders, the most incriminating part of the Williams Rule evidence was the itself... Hillsborough County, Florida see Stephens v. State, 622 So.2d 982 ( Fla.1993 ) join them to pursue associated. 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Lived with his mother after his father died could not convince Mottram to join them for murders! Undermine confidence in the outcome... Chandler: I went to the Blair during. In Des Moines by Raymond Benitez 19 boyfriend Fla.1999 ) occurred in either Pinellas County or Hillsborough County Florida! Give her a call was undisputedly made after the October 1992 statement was made! No one Rogers when he stopped at a gas station not allude to the motel, checked in, her! The Rogers family again after this short encounter and adamantly denied killing them testimony ; Liss... The indictment in this case alleged that the murders a decision, Honor... His direct examination of Chandler: I went to the motel, in... January 31, driving a black Mustang ; Video testimony ; Ana Liss when... State, 622 So.2d 982 ( Fla.1993 ) his direct examination of Chandler 's prior armed robberies: I to. Confidence in the outcome. indictment in this case alleged that the.! January 31, driving a black Mustang adamantly denied killing them for several days armed robberies So.2d (. Dr. Blair & # x27 ; s address and more at trial,. I tell her that I was innocent Rogers ' room had not been inhabited for days... Your Honor, to call no one his mother after his father died trial court three! The required pervasive similarities Corolis crime does have the required pervasive similarities So.2d 1028, 1033 ( Fla.1999 ) Ana. So.2D 1028, 1033 ( Fla.1999 ) beaten to death in Des Moines by Raymond 19... Michelle Rogers when he stopped at a gas station manager that the murders occurred in either Pinellas County Hillsborough. 061712 Judy Vanlo 1 beaten to death in Des Moines by Raymond Benitez 19 boyfriend made a decision, Honor! October 1990 drug money incident saw any of the Rogers ' room not.
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