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People v. Frye7/30/1998
r. Brandt lying face up on the floor near the recliner, blood down the front of him and on the furniture. An expended 12-gauge shotgun shell was on the floor next to Mr. Brandt's head. Two or three suitcases were also on the floor, their contents strewn about the room. Because the Amador County Sheriff's Department did not have its own forensics lab, officers called a crime scene team from the California Department of Justice to process the cabin.
The next day, Bobby Brandt returned to the cabin to identify what, if anything, was missing from his parents' home. He determined that several items had been taken, including vials of gold, $100 bills given to his mother by his father, his mother's suitcase containing silver dollars, and her necklace with the gold nuggets. He also recognized defendant's denim jacket hanging on the back of a kitchen chair.
Some time around the end of May 1987, defendant and Warsing settled in Belle Fourche, South Dakota. Under the name Dixon, they rented an apartment and got jobs, defendant skidding logs and Warsing waiting tables in a cafe. Shortly after arriving, defendant cut his hair, and grew a goatee. He had Warsing buy him long-sleeved shirts to cover his tattoos.
Around 2:30 a.m. on July 6, 1985, Belle Fourche police received a call regarding a disturbance at defendant's apartment. Warsing left with one of the officers to go to the police station. Following her departure, defendant was arrested for assault and taken to the police station four blocks away. Because the station had only one interview room, Officer Jepsen remained in the patrol car with defendant while Warsing was inside giving a statement. While sitting in the car, defendant asked the officer "Do you want a big one?" When Jepsen didn't reply, defendant said, "Have you heard of Jerry Frye?" He told the officer he was wanted in California for a double murder.
Officers received verification of California arrest warrants for defendant and Warsing. Defendant, who appeared to be intoxicated and depressed, was advised of his Miranda rights (Miranda v. Arizona (1966) 384 U.S. 436), and agreed to give a videotaped statement. Defendant indicated he did not know if he killed the Brandts or not, but Warsing had told him he did, and that he had had alcoholic blackouts in the past.
Warsing was also arrested and taken into custody. At the police station, she told the Belle Fourche officers what she remembered about the night the Brandts were killed.
Belle Fourche police contacted officers in Amador County, advising them that defendant and Warsing were in custody in South Dakota. On July 7, Amador County officers arrived in Deadwood to interview them.
Defendant was extradited to California. On his return, he was permitted to talk with Warsing by telephone through a glass partition in the jail's visiting room. Warsing continued to cooperate with police. Accompanied by Amador County investigators, she retraced the route she and defendant took on their cross-country flight from the Brandts' cabin, pointing out certain items that had been discarded or left behind along the way. With Warsing's assistance, investigators recovered the murder weapon thrown out of the car window along Highway 49 in Amador County on the day of the murders. Warsing later entered into a written immunity agreement with the Amador County District Attorney.
A. Defense Case At The Guilt Phase
The defense sought to cast doubt on Warsing's account of the Brandts' deaths. Dr. Thorton, a professor of forensic science at the University of California, conducted an examination of the physical evidence aspects of the prosecution's case, making a number of v
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