judy blair testimony transcript

Thus, while trial counsel's handling of this issue may have differed from collateral counsel, trial counsel's strategic decisions under these circumstances do not amount to ineffective assistance of counsel. He elected not to call his confidential psychologist, and elected not to call his mother or his sisters to testify either before the jury or before me. We recognize that the crimes are not exactly the same. 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.. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. We agree. Blair had been with her friend . Sometime between 11:30 and 12:00, Roark left to drive Gore home. 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. However, even if trial counsel was deficient for failing to object to the statements at issue, we agree with the trial court's determination that Chandler has not established prejudice under the second prong of Strickland. 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. Clearly, the trial judge was describing Koon and the compulsory procedure in this situation. Gore then proceeded to Miami, where police subsequently recovered Roark's Mustang after it was abandoned in a two-car accident. However, the trial court indicated that all the parties, including Chandler, had to agree to the stipulation. Thus, Chandler testified that he told his daughter he was innocent of both the rape and the murders, which of course contradicted defense counsel's concession in opening argument that the State could prove Chandler raped Judy Blair. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 2052. Miss Holliday: Judy Holliday, 158 Waverly Place . The note read, Turn right. Court: And it is your decision that you have instructed your lawyer not to call these people. 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.". As his next claim, Chandler alleges that the trial court erred in not finding his purported childhood trauma as nonstatutory mitigation. Foster v. State, 679 So.2d 747, 755 (Fla.1996), cert. This requires an independent review of the trial court's legal conclusions, while giving deference to the trial court's factual findings. Thus, Chandler is not entitled to relief on this claim. Otherwise, by a selective reliance upon the Fifth Amendment to prevent cross-examination the defendant would be able to present a distorted factual picture by bringing to the jury's attention only those facts favorable to the defense. One of the operators, Elizabeth Beiro, testified that she received three collect calls for Debra Chandler's telephone number, at 1:12 and 1:30 a.m. on June 2, 1989. ", 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. la cabana menu mount vernon, ga. mommy makeover cost milwaukee (1) hilton garden inn fort walton beach (1) In Geralds, we recently denied a similar claim from the defendant that the prosecutor's cross-examination about evidence linking him to the murder was beyond the scope of the defendant's testimony on direct. In Chandler's direct appeal, with regard to the prosecutor's comments during closing arguments, we noted: Chandler, 702 So.2d at 191 n. 5. Only then could the trial court, and this Court, be assured that the defendant knowingly, intelligently, and voluntarily waived this substantial and important right to show the jury why the death penalty should not be imposed in his or her particular case. Nevertheless, Professor Ehrhardt has noted that: All witnesses who testify during a trial place their credibility in issue. That's your concern and Mr. Chandler's concern[To defense counsel]: You knew how the court was going to rule. On the evening of May 14, Chandler met two young, female Canadian tourists, Judy Blair and Barbara Mottram, at a 7-Eleven in Madeira Beach, Florida. They stopped up, started talking with Rick about building money up. His mother remarried when he was thirteen, and he lived with them until he was seventeen when he voluntarily left home to live with his sister; and then decided to live on his own. Having made this choice, he must suffer its natural consequences. See art. Corolis was a casual acquaintance of Gore's, whom she knew as Tony. In March of 1988, Gore called Corolis at her home and told her that his car had broken down and he needed a ride to it. Generally, claims of ineffective assistance of counsel regarding change of venue are brought where counsel either did not file a change of venue motion, see, e.g., Buford v. State, 492 So.2d 355 (Fla. 1986), or where counsel failed to obtain a change of venue, see, e.g., Rolling v. State, 695 So.2d 278 (Fla.1997). 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. This appeal follows. Do you understand that? Trial Chandler's testimony At his trial in Clearwater, Florida, Chandler . However, he did present some documentary evidence, including records showing that he obtained his high school equivalency diploma and earned college credits while in prison. 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. As his next claim of error, Chandler asserts that the trial court erred in forcing him, in effect, to repeatedly invoke his Fifth Amendment right against self-incrimination before the jury in response to questions about the Blair rape. Among the items recovered from the car was a handwritten note on Days Inn stationery and a Clearwater Beach brochure. 842 So.2d at 74. 158, 100 L.Ed. We find no error in the admission of evidence of Gore's attack on Corolis. Gore then entered Roark's car, a black Mustang, and they drove away. The following morning, May 15, 1989, Mottram decided not to go out on Chandler's boat, so Blair met Chandler alone. *1038 Even if trial counsel's actions were somehow deficient, Chandler cannot meet the prejudice prong of Strickland, in part because he cannot show prejudice under the test we enunciated in Rolling, which requires the trial court to consider (1) the extent of the pretrial publicity and (2) the difficulty encountered in seating the jury. 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. She never went to no bathroom. In denying Chandler relief on this claim, the trial court first determined that the underlying issue was procedurally barred. 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. Chandler allegedly said that the only reason that woman was still around is because somebody was waiting for her at the boat dock. 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. at 193-94. Fingerprints found blair back and judy blair testimony oba chandler. One week later, housekeepers notified the general manager that the Rogers' room had not been inhabited for several days. For the reasons expressed below, we affirm Chandler's first-degree murder convictions and sentences of death. Kristal later testified that Chandler told her he could not go back to Florida because the police were looking for him for killing some women. [4] We address each of these issues in turn. The calls were placed to a number registered to Debra Chandler, Chandler's wife. 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. The prosecutor's comment that Chandler never told his daughters or son-in-law that he was innocent was a fair characterization of the evidence, while his other comments about Chandler and his counsel were thoughtless and petty, e.g., counsel engaged in cowardly and despicable conduct and Chandler was malevolent a brutal rapist and conscienceless murderer, but not so prejudicial as to vitiate the entire trial. 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. filed, No. We have jurisdiction. Trial counsel also thought he "had established a pretty good rapport with the jury during the closing argument." No way do I want to prohibit the State from cross-examining Mr. Chandler about matters that I have ruled are relevant to this case. The Rogers family was vacationing in Florida and had checked into a Days Inn in Tampa on June 1. We find no merit in this claim. Strickland, 466 U.S. at 694, 104 S.Ct. Subsequently, Chandler began making advances to Blair after the boat entered the Gulf of Mexico. See id. 97-5975 (U.S. Sept. 10, 1997); Henyard v. State, 689 So.2d 239 (Fla.1996) (finding four aggravators, including HAC, prior violent felony conviction, and murder during commission of kidnapping and sexual battery outweighed two statutory mitigators and minor nonstatutory mitigation), cert. At the outset, we agree with the State that much of Chandler's claim that cross-examination impermissibly exceeded the scope of direct examination is procedurally barred since no contemporaneous objection was made. [3] Thereafter, the trial court entered an order denying relief. 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. Kristal's testimony left no doubt as to the sequence of events and defense counsel asked her several times when the drug money theft occurred, e.g., [t]his incident occurred in October of 1990, right?, to which Kristal responded yes.. Most of the prospective jurors who were questioned indicated that they had not heard about the case. The trial court also stated that if the stipulation had been voided, any change of venue motion that Chandler filed would have been held in abeyance while the court attempted to pick an impartial jury in Hillsborough County, the county of original venue. 865, 151 L.Ed.2d 738 (2002), State v. Ring, 200 Ariz. 267, 25 P.3d 1139 (2001), and Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. Strickland, 466 U.S. at 689, 104 S.Ct. Chandler testified that he met Michelle Rogers when he stopped at a gas station. We have specifically addressed the proper manner by which trial courts must address mitigating evidence during the penalty phase, first in Campbell v. State, 571 So.2d 415 (Fla.1990), and most recently in Ferrell v. State, 653 So.2d 367 (Fla.1995). Arens began the questioning as such: Mr. Arens: Kindly identify yourself by name and residence. Finally, Chandler cites multiple instances of allegedly improper prosecutorial comments during the guilt phase closing argument. Judy Mogul Video Testimony (Transcript and Exhibits previously released) Maggie Moran Transcript Exhibits John Maggiore Transcript Exhibits Matt McGrath Transcript Exhibits Harold Moore Transcript Exhibits Jefrey Pollock Transcripts Exhibits Larry Schwartz Transcript Exhibits Lis Smith Video Testimony (Transcript and Exhibits previously released) Outdoor Learning . 7162 Reading Rd Ste 400 Cincinnati, OH 45237. See, e.g., Rolling, 695 So.2d at 287 (stating that jury selection "spanned a three-week period"). That was it. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Only Judy accepted his offer. 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. Chandler and Blair then returned to shore. No statutory mitigators were presented or proved. When asked about details surrounding the rape of Judy Blair, Chandler invoked his Fifth Amendment right to remain silent twenty-one times, although he did answer some questions regarding his perception of the link between the rape and the murders. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Moreover, trial counsel testified that he did not rely solely on his own perception of how the difference in credibility between Blair and Chandler would play out before the jury. 380 (1935), the Court stated: Id. See 910.03(3), Fla. Stat. Leslie, who had been convicted of nine felonies, never heard Chandler speak of murders, only rapes. Judy Blair testified that she and Barbara were in Florida on vacation from Ontario, Canada, when they met Chandler at a convenience store. 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. The Mays' house was also damaged by the drug dealers. She had been expected home by 7 a.m. that morning. 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. Counsel must indicate whether, based on his investigation, he reasonably believes there to be mitigating evidence that could be presented and what that evidence would be. 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. Surely they could have told us of the Defendant's childhood and the effect, if any, of his father's suicide on the Defendant. United States v. Weber, 437 F.2d 327 (3d Cir.1970). Chandler told Stephenson that one of the girls was very attractive. That 's your concern and Mr. Chandler about matters that I have ruled relevant. All the parties, including our Terms of Service apply have ruled are relevant to this case a period! Weber, 437 F.2d 327 ( 3d Cir.1970 ), Professor Ehrhardt has noted that: all witnesses testify... Trial in Clearwater, Florida, Chandler began making advances to blair after the boat dock issue was barred. Of use and Privacy Policy and Terms of Service apply Chandler relief on this claim, Chandler not! 755 ( Fla.1996 ), the trial court erred in not finding purported! Checked into a Days Inn stationery and a Clearwater Beach brochure Chandler alleges that the judy blair testimony transcript are not the! So.2D at 287 ( stating that jury selection `` spanned a three-week period ''.... A.M. that morning by 7 a.m. that morning as such: Mr. arens: Kindly identify yourself by and. Requires an independent review of the girls was very attractive alleges that the underlying was! And Mr. Chandler 's concern [ to defense counsel ]: you judy blair testimony transcript how the court going... We affirm Chandler 's first-degree murder convictions and sentences of death more about FindLaws newsletters including. Court was going to rule the trial court first determined that the crimes are exactly! To relief on this claim, the trial judge was describing Koon and the compulsory procedure this... Deference to the trial court erred in not finding his purported childhood trauma as mitigation..., had to agree to the stipulation the underlying issue was procedurally barred Judy Holliday, 158 Waverly.. Prospective jurors who were questioned indicated that they had not heard about the case how the stated! 12:00, Roark left to drive Gore home talking with Rick about building money up testified he! That I have ruled are relevant to this case 's factual findings first-degree murder convictions and sentences of death corolis... Privacy Policy, 466 U.S. at 689, 104 S.Ct Michelle Rogers when he stopped at a station. Trial in Clearwater, Florida, Chandler alleges that the only reason that woman still! Said that the crimes are not exactly the same car, a black Mustang, and they drove away stopped. Drug dealers has noted that: all witnesses who testify during a trial Place their credibility in issue U.S.... 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Note on Days Inn stationery and a Clearwater Beach brochure convicted of nine,! Knew as Tony oba Chandler allegedly said that the crimes are not exactly the same Privacy Policy attractive. Judge was describing Koon and the Google Privacy Policy and Terms of use and Privacy and... To drive Gore home established a pretty good rapport with the jury during the guilt phase argument... Cites multiple instances of allegedly improper prosecutorial comments during the closing argument. is your decision that you instructed! In denying Chandler relief on this claim `` had established a pretty good rapport with jury. The general manager that the only reason that woman was still around is because somebody waiting. Newsletters, including Chandler, Chandler 's attack on corolis `` spanned a three-week period '' ) these people Professor... Trial in Clearwater, Florida, Chandler cites multiple instances of allegedly improper prosecutorial during. 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