E. Robbery Conviction, Defendant was charged with robbery on March 5, 2009, more than seven years after this crime was committed and almost four years after his identity was known. She remembered discussing the attack with Detective Gray from the Richmond Police Department in March 2009. The court made a similar observation after the defense sought to introduce evidence regarding the defendant's sexual relationship with her former boyfriend following testimony about the profile of Male A—whose DNA profile was not loaded into CODIS. And that's something that both sides are just going to have to deal with. (Id. In his first trial, defendant sought a continuance, sought to represent himself, and brought two Marsden motions, the second of which was ultimately successful. She alleged that after she raised concerns of a cover-up, she was forced to undergo a mental health evaluation on a bogus claim that she slept with a gun, was labeled a problematic witness by a deputy district attorney and blocked from testifying in the high-profile Grim Sleeper trial. “Not only did (Francis’) work on the investigation not harm her, it raised her professional profile and burnished her reputation,” attorneys representing the city argued in court papers. ", In denying these requests, the court observed that there was no evidence that the victim had consented to sex with defendant and any testimony regarding her sexual relationship with the former boyfriend, her drug use, and the connection between sex and drug use, was not only irrelevant but relied on a chain of speculation that was highly implausible. The trial court stayed the sentence on kidnapping for robbery and kidnapping for sexual purposes, pursuant to § 654. Holes's wife, Sherrie, understands his fascination. She did not hear back from either man. Could it have been a workplace problem? Day 4 Day 4, Part II #13 WILLIAM MOORE (LAPD criminalist who collected evidence from the stolen BMW) #14 LEONA THOMAS (Retired LAPD traffic officer who located and recovered Sherri Rasmussen's BMW) #15 ALICIA RAMIREZ (Coroner's Office evidence room custodian in December 2004, who found the bite mark swab envelope after searching two days) The main surprise was how my rating went up, I started off thinking 3 - 3.5, then went up to 4 and so it crept up and up until it was an easy 5 stars. The second condom she examined was "so stuck together and so disintegrated" that she couldn't "get into it, inside or outside. Defendant's DNA was uploaded to the CODIS in 2006 after he was arrested for an unrelated offense. Initially it was different in that it was n't set in New York, but that was acceptable. “This is a male-female burglary,” he told her, she testified. As a result of this analysis, she developed a DNA profile consistent with a single male sperm donor. And the other one was a little shorter and dark skinned." lied when [over seven years after the assault] she said she had consensual sex with [former boyfriend] . contains alphabet), COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO. When he arrived, the fire department was already on the scene attending to Jane Doe. . Citation. His evil fantasies predated that brush with the law, but he (apparently) stayed out of trouble until the age of 19 when he attacked and stabbed a 15 year old girl on their second date. Russell called 911 and waited for the police to arrive. That was the question the prosecution asked. She heard a woman she later identified as Jane Doe moan "Oh help me, help me." Defendant argues that the trial court erred when it instructed the jury not to speculate "without evidence, about who the individuals may have been, if any, that the victim in this case may have had consensual relations with." . . . She was offered care at a skilled nursing facility but elected to go to a private residence instead. No. We decline to draw this illogical inference. . . [¶] you might not be able to identify . She performed the exam the next day on June 11, 2001. With regard to the forcible rape in concert conviction, the trial court sentenced defendant to an indeterminate term of 30 years to life, which included an enhancement for great bodily injury and a term of life with the possibility of parole for the torture conviction. ., which would explain his DNA on her, I will let you go there. Detectives developed a theory that they were behind Rasmussen’s slaying, releasing sketches and publicizing a reward for information. Jennifer Francis was a new DNA analyst in the Los Angeles Police Department’s crime lab in 2004 when she took on an old murder case. The trial court pointed out that defendant had in the past sought to delay his trial and at this point had only the vaguest of reasons for seeking to represent himself. The East Area Rapist had become a Southern California killer, leaving a … There is no evidence in the record to support defendant's assertion that he had earlier had consensual sex with the victim. The trial court not unreasonably concluded that defendant's current Faretta motion was part of this pattern and therefore brought for the purposes of delay. During the interview Jane Doe did not mention anything about gold teeth. After noting that defendant had had adequate time to prepare for trial, the trial court asked if defendant wished to proceed in pro per. The trial court properly denied this instruction, under the general principle that it "need not give a pinpoint instruction if it is argumentative" (People v. Bolden (2002) 29 Cal.4th 515, 558), "that is, an instruction 'of such a character as to invite the jury to draw inferences favorable to one of the parties from specified items of evidence.' Sherri (Rasmussen) Ruetten's silver 1985, two door BMW is found with the keys in it, ... was compromised between the time it was collected by an LAPD criminalist at the crime scene in 1986 and the time it was analyzed by an LAPD scientist in ... jutting through a hole in the evidence envelope in which it had been stored. On appeal, the court reversed. The woman's face was burned. ", The court observed that she had reached the conclusion, based on a conversation held earlier in chambers, that defense counsel was ready for trial. ), Here, there was no evidence that Jane Doe had ever worked as a prostitute and the trial court acted well within its discretion to exclude evidence of Jane Doe's consensual sexual activities with a former boyfriend on Evidence Code section 352 grounds as well on the ground it was not relevant to the Jane Doe's credibility. This argument meets the same fate as his earlier version of it: we reject it. If you find that the defendant has no disposition to commit sexual offenses, you may infer that he was not likely to commit and did not commit the sexual offense crimes charged in this case." 2 or No. On February 24, 1986, the body of Sherri Rasmussen (born February 7, 1957) was found in the apartment she shared with her husband, John Ruetten, in Van Nuys, California, United States. She labeled the swabs, waited for them to dry, double checked the labels, and put them into an envelope to be handed to the police detective assigned to the matter. ), The factors a trial court may consider in assessing the timeliness of a Faretta motion include " 'the quality of counsel's representation of the defendant, the defendant's prior proclivity to substitute counsel, the reasons for the request, the length and stage of the proceedings, and the disruption or delay which might reasonably be expected to follow the granting of such a motion.' The next step in the process would be to wait for a result. On December 9, 2008, Willey notified both Peixoto and Antioch police Detective Fromme, who was investigating the 2008 incident, of the match. The court held an in camera hearing and noted that defendant had described his reasons for needing a continuance and that "there was a disagreement regarding trial tactics." Find Jennifer Francis online. Again over prosecution objection overruled by the court, counsel told the jury "[r]emember the equation we have here. In Los Angeles, founded for Spain and a part of Mexico for generations, we pronounce our Spanish-language place names in a unique way. Sherri Rasmussen (February 7, 1957 - February 24, 1986) was an American woman was found dead in February 1986 in an apartment she shared with her husband, John Ruetten, in Van Nuys, California. You are entitled to consider this lack of opportunity for independent testing by the defendant in deciding how much weight if any, to give to the evidence introduced by the prosecution.". He argues that this conclusion could be drawn from what he characterizes as a reasonable inference that because the sample on Doe's arm was small, defendant did not actually ejaculate on Doe during the rape, but that Doe somehow transferred defendant's semen from some other part of her body to her arm, namely during a prior consensual sexual encounter with defendant. ." At the point where the court stepped in to admonish the jury on this point, defendant was inviting them to step outside their role as jurors and supply facts not before them to reach the conclusion defense counsel was urging them to reach. Kim Willey, who was employed by the Contra Costa County Sheriff's Office Criminalistics Laboratory as a criminalist in 2002, testified that at that time she was the supervisor of the unit responsible for analyzing biological evidence and testing and analyzing DNA. [¶] But as to what consensual sex she may have had and what her relations were with other people not related to the defendant, I don't think comes in with the showing you have made. Jane Doe was in the intensive care unit at John Muir Hospital for two days and then admitted to the Medical Center on June 13, 2001. This whole case is mystifying as it is full of holes. 36.) Detective Delon Jackson of the Richmond Police Department testified that he was also dispatched to the park where Jane Doe had been found. Defendant argues that the two-year, three-month delay between the filing of the complaint against him and the 2006 match of his DNA to the DNA found at the crime scene violates both federal and state due process guarantees. Should the "court find[] that evidence proposed to be offered by the defendant regarding the sexual conduct of the complaining witness is relevant pursuant to Section 780 [credibility generally], and is not inadmissible pursuant to Section 352, the court may make an order stating what evidence may be introduced by the defendant, and the nature of the questions to be permitted. Defendant repeated his concern with a detective's report that he believed was missing but, with regard to counsel's other comments, he had no response. As has been the case throughout the vaccine rollout, wherever there is a slight opening, the resourced and tech savvy find their way in. The court denied the Faretta motion as untimely. In Varona, the victim testified she was raped by several men and subjected to forcible oral copulation. Three of the donors were not the assailants. Based on her examination of this second condom, she identified two sperm donors. The People objected to any continuance, noting that defendant had already brought several Marsden motions, and had successfully secured a change in counsel two weeks into the previous trial. The extent of her injuries required that she learn to walk from her bed to the bathroom. The People objected, pointing out they were ready for trial and "[i]t would be a hardship for the victim in this case if the matter were to be continued.
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