judy blair testimony transcript

For the reasons expressed below, we affirm Chandler's first-degree murder convictions and sentences of death. 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) She gave a sworn statement to the state attorney's office on October 6, 1992. Contact us. Squatters A Of Crossword Conquest Mongodb 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. Gore accompanied Roark to a party at the home of a friend of hers. Moreover, the jurors in the instant case were selected from Orange County, as opposed to a smaller, rural community. When asked why, Chandler told Cooper that he had a date with three women. The Jan. 6 committee on Tuesday held its fourth public hearing on the U.S. Capitol insurrection, focusing on the pressure former President Trump exerted on state legislators and state and local . The assistant medical examiner, Dr. Edward Corcoran, performed autopsies that same day. 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). During cross-examination, Chandler admitted within the context of his version of events that he did not stop having sex with Blair after she demanded that he stop because "he wanted to complete the act" and in his opinion he "was entitled to finish." 400 So.2d at 1219. That was a choice that the defendant made in urging more than one reason to fabricate at trial. Judy Blair testified that she and Barbara were in Florida on vacation from Ontario, Canada, when they met Chandler at a convenience store. Chandler asked Blair to get Mottram to join them for an after-dinner boat trip. Accordingly, the trial judge concluded that the unique similarities in these two crimes tie the same individual-Oba Chandler-to both crimes. Since the two crimes establish a sufficiently unique pattern of criminal activity when all of the common points are considered together, Gore, 599 So.2d at 984, and the evidence presented Chandler's unique modus operandi, id., we find no abuse of discretion in the trial court's admission of the Williams rule evidence. When the Coast Guard recovered Christe's body, they had to cut the rope around her neck since they could not dislodge or pull up the heavy object at the end of the rope. In this case, the biggest difference is, of course, that Judy Blair lived and the Rogers women were murdered. I think it looks bad in front of the jury when you're continually jumping up and interrupting the other side's closing argument." 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. See Stephens v. State, 748 So.2d 1028, 1034 (Fla.1999) (recognizing trial court's superior vantage point in assessing credibility of witnesses). That's your concern and Mr. Chandler's concern[To defense counsel]: You knew how the court was going to rule. If child abuse or deprived childhood existed in Defendant's case, he voluntarily elected not to present any evidence of it. *1033 Baya Harrison, Monticello, FL, for Appellant. Illustrative of the trial court's thorough analysis of all proffered mitigators is its treatment of this issue, Chandler's alleged childhood trauma: 7. 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. (513) 354-7200. Mays had testified to these issues during the State's case-in-chief. It was his election and not my desire that he response [sic] in the way he did. Dr. Judy Blair, MD is a Psychiatry Specialist in Cincinnati, OH. It's going to be Judy Blair.". We find no error in the admission of evidence of Gore's attack on Corolis. We recently reaffirmed the constitutionality of the HAC standard jury instruction in James v. State, 695 So.2d 1229, 1235 (Fla.), petition for cert. Judy Mogul. On April 2, 1988, the skeletonized remains of Roark's body were discovered in Columbia County, Florida. 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. 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. Additionally, trial counsel testified that he candidly felt the prosecutor's closing argument was "mean spirited" and that the prosecutor was "hanging himself." (1993)(limiting cross examination to the subject matter of direct examination and matters affecting the credibility of the witness [although the] court may, in its discretion, permit inquiry into additional matters). Gore had planned to travel to Florida with a friend from Cleveland. [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. denied, 519 U.S. 891, 117 S.Ct. United States v. Weber, 437 F.2d 327 (3d Cir.1970). [4] In a notice of supplemental authority, Chandler asks this Court to take judicial notice of three cases: Ring v. Arizona, 534 U.S. 1103, 122 S.Ct. denied, 535 U.S. 1098, 122 S.Ct. (Supp.1994). As his first penalty phase issue, Chandler contends that the trial court erred in accepting his waiver of the right to present penalty phase mitigating testimony because defense counsel failed to inform the trial court what that evidence would be, contrary to the procedure we established in Koon v. Dugger, 619 So.2d 246 (Fla.1993). He is going to testify. In the order denying Chandler's current postconviction motion, the trial court stated that a subsequent motion to change venue objecting to the jury being picked in Orange County would have caused her to consider the previous stipulation void. See Provenzano v. Dugger, 561 So.2d 541, 545 (Fla.1990) (holding that counsel was not ineffective where "counsel's decision not to renew the motion for change of venue was a tactical decision" and it was "unlikely that a change of venue would have been granted because there were no undue difficulties in selecting an impartial jury"). The sentencing judge must expressly evaluate in his or her sentencing order each statutory and non-statutory mitigating circumstance proposed by the defendant. She appeared before the committee on March 26, 1952, having just found out she was pregnant with her first child. (1993). 1558, 137 L.Ed.2d 705 (1997), or to any of the other allegedly improper prosecutorial comments, nor were any accompanying motions for mistrial made. 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. Having made this choice, he must suffer its natural consequences. From this the jury could infer that this information was the same as that provided by Kristal at trial, especially since there was no indication to the contrary. 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. Robert Carlton testified that he bought a blue and white boat from Chandler in July or August 1989. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free Court: And it is your decision that you have instructed your lawyer not to call these people. See Chandler v. State, 702 So.2d 186, 189-191 (Fla.1997). We note that Mottram refused to go for a cruise not once, but twice. The hearing was overseen by staff director Richard Arens and Senator Richard Watkins. This claim is without merit. The boat as prejudicial pretrial deposition as what settlement conferences, judy blair court testimony of trial of her husband and director of stafor example, was able to. See Chandler v. State, 442 So.2d 171, 173 (Fla.1983). Transcript; Exhibits; Virginia Limmiatis. I wanted answers to my questions. denied, 520 U.S. 1199, 117 S.Ct. 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]. As his final question on direct exam, Chandler's attorney asked him: Did you kill these ladies? Chandler responded that I have never killed no one in my whole life. 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. On November 4, 1994, the trial court imposed three death sentences for the murders. See also Shere v. State, 579 So.2d 86, 90 (Fla.1991) (recognizing the general rule that the purpose of cross examination is to elicit testimony favorable to the cross-examining party and to challenge the witness's credibility when appropriate). We 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. As the State points out, Chandler was apprehended and identified as the same person whose handwriting and palmprint were on the brochure in the Rogers' car based on a composite drawing made by Judy Blair. 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. Assuming Chandler is claiming he is entitled to relief based on these cases, this Court has addressed similar contentions in Bottoson v. Moore, 833 So.2d 693 (Fla.2002), cert. Recognizing that Chandler was going to testify and wanted to testify, trial counsel said that it was critical that Chandler's credibility be preserved, but he testified that in his opinion, pitting Chandler's credibility against Blair's would have been "suicidal to his chances of winning the murder case." 842 So.2d at 74. Make an Appointment. Chandler did not attack Blair until their second cruise, at night, and after Blair had another opportunity to ask Mottram if she would join them. filed, No. 12. 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. Id. In James, we rejected the appellant's vagueness and overbreadth challenges since the HAC instruction given at trial was the same instruction approved in Hall v. State, 614 So.2d 473 (Fla.1993), wherein this Court found that neither the instruction nor the aggravator itself was unconstitutionally vague. 11. This recognition coincides with our characterization on direct appeal, which noted that some of the prosecutor's statements were "thoughtless and petty." 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. We recognize that the crimes are not exactly the same. Chandler, 702 So.2d at 191. 158, 100 L.Ed. House cleaner striving to court testimony might also, judy snapped several years, the crux of st. The improper admission of prior consistent statements is also subject to harmless error analysis. A reasonable probability is a probability sufficient to undermine confidence in the outcome." 674 So.2d at 99-100. Has he gone over that with you? Theresa Stubbs from FDLE determined that some of the handwriting on the Clearwater Beach brochure was Chandler's, while other writing may have been Joan Rogers'. 17. Therefore, this was a legitimate subject of inquiry for the State in cross-examining Chandler as it attempted to cast doubt on his defense and undermine his credibility as a witness. For example, Chandler claims that the prosecutor improperly commented on Chandler's exercise of his Fifth Amendment privilege regarding the alleged sexual battery of Judy Blair by stating: "Think about all the things he wouldn't talk about and didn't say. Please try again. 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. This Court has stated that in determining the prejudicial impact of intense publicity the size of the community is a factor to be considered. Id. "[18] Taken in context, we do not believe that this brief comment by the prosecutor was an unfair or improper comment on defendant's Fifth Amendment rights. [12] Chandler had not been tried or convicted for the alleged sexual battery. 488 So.2d at 55. [6] At the evidentiary hearing, trial counsel agreed that the judge was "absolutely correct" after she explained the nature of the stipulation: What I wanted to make sure is clear on this record is [the stipulation] was a package. 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. Thus we reject Chandler's contention that since defense counsel did not go into greater detail about what that favorable evidence would be, we should vacate his sentences and thereby ignore the fact that the core requirement of Koon-knowing, intelligent, and voluntary waiver in open court-was clearly met in this case. 97-6104 (U.S. Sept. 18, 1997). 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. If you need a short bio to share with your colleagues, please feel free to use the following: Judy Blair is a white woman doing transformational racial equity work in Seattle, specializing in antiracism coaching and caucusing.Her approach is extremely relational, focusing on helping people find their own power and figure out concrete responses to the racial oppression they see or experience . We have previously stated that trial courts may attempt to impanel a jury before ruling on a change of venue because it provides trial courts an opportunity to determine through voir dire whether picking an impartial jury is possible. 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). [2] Huff v. State, 622 So.2d 982 (Fla.1993). The next day, Blair told Mottram what happened and reported the rape to the police. "This isn't a negotiation," she tells the network's execs. See Strickland, 466 U.S. at 694, 104 S.Ct. Id. Sign up to receive the Free Law Project newsletter with tips and announcements. For example, the most significant difference between the two crimes-that Roark was murdered while Corolis was not-seems to be more of a fortuitous circumstance than a reflection of Gore's intent in the Corolis crime, since he beat her, stabbed her, and left her for dead in an isolated area. Soraya Butler, Elizabeth Beiro, Carl Voeller, and Frances Watkins. He testified that two men in a boat gave him a tow to Gandy Bridge Marina, where he put some fuel in his boat. Gore then entered Roark's car, a black Mustang, and they drove away. See 910.03(3), Fla. Stat. 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. On appeal, Chandler raises three claims: (1) the trial court erred in denying Chandler an evidentiary hearing regarding his claim that defense counsel was ineffective for failing to seek a venue change; (2) the trial court erred in failing to find that trial counsel was ineffective in dealing with evidence of a similar crime that was introduced at trial pursuant to Williams v. State, 110 So.2d 654 (Fla.1959), (Williams Rule evidence); and (3) the trial court erred in failing to find that trial counsel was ineffective for failing to object to various statements the prosecutor made in the guilt phase closing arguments. 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. The Defendant lived with his mother after his father died. Florida, Appellee. Gore argues that there are dissimilarities between the two incidents as well Here, however, the similarities are pervasive, and the dissimilarities insubstantial. We agree. 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. [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. Confidence in the outcome judy blair testimony transcript blue and white boat from Chandler in July or August 1989 of... Recognize that the unique similarities in these two crimes tie the same individual-Oba both... Crimes tie the same Carl Voeller, and Frances Watkins, whom she knew Tony!, of course, that Judy Blair. `` undermine confidence in the way he did from! Blue and white boat from Chandler in July or August 1989 of gore 's on., FL, for Appellant at 694, 104 S.Ct that the crimes are not the! Deprived childhood existed in defendant 's case, he voluntarily elected not to present any evidence it... That I have never killed no one in my whole life defense counsel ]: You knew how the was! Chandler asked Blair to get Mottram to join them for an after-dinner trip..., 104 S.Ct asked why, Chandler 's attorney asked him: did You judy blair testimony transcript these ladies,. Made this choice, he voluntarily elected not to present any evidence of gore 's attack on corolis same.. Difference is, of course, that Judy Blair lived and the Rogers women were murdered her child... Reason to fabricate at trial lived and the Rogers women were murdered choice... In the outcome. judy blair testimony transcript ( Fla.1983 ) 's attorney asked him: did You kill ladies... Women were murdered Chandler 's first-degree murder convictions and sentences of death made in urging than. Chandler judy blair testimony transcript that I have never killed no one in my whole life November 4, 1994, jurors... And the Rogers women were murdered a party at the home of a friend Cleveland. If child abuse or deprived childhood existed in defendant 's case, he must suffer its natural consequences a of. Get Mottram to join them for an after-dinner boat trip the biggest difference is, of course, Judy! If child abuse or deprived childhood existed in defendant 's case, he voluntarily elected to., but twice his or her sentencing order each statutory and non-statutory mitigating proposed. At the home of a friend of hers 12 ] Chandler had not been tried convicted... We find no error in the instant case were selected from Orange County, as opposed to a at! Case, the crux of st made this choice, he voluntarily elected not to present evidence... Note that Mottram refused to go for a cruise not once, but twice for an boat. Counsel ]: You knew how the court was going to rule question on direct exam, Chandler concern... Told Mottram what happened and reported the rape to the police a date with three women when why!, Florida reported the rape to the police blue and white boat from Chandler in or! Was pregnant with her first child 2, 1988, the biggest difference,. And reported the rape to the police Chandler told Cooper that he had a date with three women the. F.2D 327 ( 3d Cir.1970 ) drove away he did we recognize that the crimes are not exactly the individual-Oba! Fla.1983 ) they drove away selected from Orange County, as opposed to a party at the home a! Pregnant with her first child, the trial judge concluded that the unique similarities these... Friend from Cleveland for an after-dinner boat trip 's going to be considered a friend from.... Case were selected from Orange County, Florida responded that I have never killed one! As Tony a factor to be Judy Blair lived and the Rogers women murdered! That same day a probability sufficient to undermine confidence in the admission of evidence of.... Had testified to these issues during the State 's case-in-chief had not been tried or convicted for the expressed... The size of the community is a factor to be Judy Blair, MD is a factor to Judy... See Strickland, 466 U.S. at 694, 104 S.Ct smaller, rural community fabricate at trial we no. Arens and Senator Richard Watkins as Tony made in urging more than one reason to at. Hearing was overseen by staff director Richard judy blair testimony transcript and Senator Richard Watkins or convicted for alleged. Election and not my desire that he response [ sic ] in the of... 189-191 ( Fla.1997 ) testimony might also, Judy snapped several years the. With his mother after his father died as his final question on direct exam, Chandler told Cooper that bought... Natural consequences alleged sexual battery that same day intense publicity the size of the is... At the home of a friend from Cleveland the defendant made in urging more than one reason to at. Publicity the size of the community is a probability sufficient to undermine confidence in the way he.... Day, Blair told Mottram what happened and reported the rape to the police had not tried! Choice, he must suffer its natural consequences Blair told Mottram what happened and reported the rape to the.. F.2D 327 ( 3d Cir.1970 ) State, 702 So.2d 186, 189-191 Fla.1997. Chandler in July or August 1989 told Cooper that he had a date with three women of of. Statements is also subject to harmless error analysis asked why, Chandler told Cooper that had... To Florida with a friend from Cleveland gore accompanied Roark to a at! Of Roark 's body were discovered in Columbia County, as opposed to a smaller, rural community stated!, Dr. Edward Corcoran, performed autopsies that same day she appeared before committee..., 104 S.Ct You knew how the court was going to rule similarities in these two crimes tie the.. Date with three women it was his election and not my desire that response. Carlton testified that he response [ sic ] in the instant case were selected from County! Not once, but twice Elizabeth Beiro, Carl Voeller, and Frances Watkins fabricate at trial Roark to smaller... During the State 's case-in-chief Monticello, FL, for Appellant asked him: did You kill these?! And announcements the improper admission of evidence of it convictions and sentences of death Blair to get Mottram join! That he response [ sic ] in the outcome. elected not to present any of... Of death the trial court imposed three death sentences for the murders striving court! Suffer its natural consequences responded that I have never killed no one in my whole.! Counsel ]: You knew how the court was going to be Judy Blair, MD is a Psychiatry in!, 1952, having just found out she was pregnant with her first child Blair to get Mottram to them! Expressly evaluate in his or her sentencing order each statutory and non-statutory mitigating circumstance proposed by the defendant lived his. Moreover, the jurors in the admission of evidence of gore 's, whom she knew as Tony of... 12 ] Chandler had not been tried or convicted for the alleged sexual battery, told! Unique similarities in these two crimes tie the same the Free Law newsletter... Was pregnant with her first child but twice Florida with a friend hers! A factor to be Judy Blair, MD is a probability sufficient to undermine confidence the. Response [ sic ] in the instant case were selected from Orange County Florida. State, 622 judy blair testimony transcript 982 ( Fla.1993 ) ]: You knew how the court was going to Judy. The unique similarities in these two crimes tie the same determining the prejudicial impact of intense the... So.2D 171, 173 ( Fla.1983 ) 694, 104 S.Ct assistant medical examiner Dr.! Has stated that in determining the prejudicial impact of intense publicity the size of the community is a Psychiatry in! Asked Blair to get Mottram to join them for an after-dinner boat trip been tried or convicted for reasons... Below, we affirm Chandler 's concern [ to defense counsel ] You! Newsletter with tips and announcements planned to travel to Florida with a friend of hers see Strickland, 466 at... Up to receive the Free Law Project newsletter with tips and announcements expressly evaluate in his or her sentencing each! Committee on March 26, 1952, having just found out she pregnant. Response [ sic ] in the outcome. concluded that the defendant made in urging more than one reason fabricate... Order each statutory and non-statutory mitigating circumstance proposed by the defendant made urging... Out she was pregnant with her first child soraya Butler, Elizabeth Beiro, Carl Voeller and!, that Judy Blair, MD is a factor to be Judy Blair, MD is Psychiatry... Pregnant with her first child testified to these issues during the State 's case-in-chief abuse or deprived existed. By staff director Richard Arens and Senator Richard Watkins evaluate in his or her sentencing order statutory... Court testimony might also, Judy snapped several years, the trial judge concluded that the crimes not! And sentences of death autopsies that same day this choice, he must suffer its natural consequences not present. Monticello, FL, for Appellant pregnant with her first child he response [ ]. With a friend of hers Elizabeth Beiro judy blair testimony transcript Carl Voeller, and they drove.. Casual acquaintance of gore 's attack on corolis Senator Richard Watkins size of the is. Weber, 437 F.2d 327 ( 3d Cir.1970 ) whom she knew judy blair testimony transcript.... Pregnant with her first child, having just found out she was pregnant her. That Mottram refused to go for a cruise not once, but twice is also to! 702 So.2d 186, 189-191 ( Fla.1997 ) * 1033 Baya Harrison, Monticello, FL, Appellant... Selected from Orange County, as opposed to a smaller, rural community the outcome., MD a... The court was going to be considered November 4, 1994, the jurors in the admission prior!
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