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People v. Frye7/30/1998
isits to the Brandts' cabin following the murders. He testified that, in his opinion, the Department of Justice inadequately processed the crime scene. He also offered his expert opinion as to the sequence of events at the time the shootings took place in the Brandts' cabin, a scenario differing from the one presented by Jennifer Warsing's testimony.
Dr. Peal, a psychiatrist who both evaluated and treated defendant, testified he did not believe Warsing's account of the Brandt murders. His Conclusion was based on what defendant told him of Warsing's personal history, corroborated by investigative reports. Defense counsel also presented testimony regarding defendant's neurological impairments and their effect on his ability to recapture or articulate memory.
Counsel originally intended to call defendant to testify on his own behalf. As the trial progressed, however, counsel began to question that strategy, and ultimately advised defendant to refrain from taking the stand. Defendant followed the advice of counsel and did not testify.
A. Penalty Phase
1. Prosecution evidence
The primary focus of the prosecution's case-in-aggravation was the circumstances of the crimes. (§ 190.3, factor (a).) The prosecution also offered documentary evidence of a prior felony conviction for sexual assault. (§ 190.3, factor (c).)
1. Defense evidence
In mitigation, defendant was permitted to give an allocution to the jury, expressing to them his difficulty in accepting the guilty verdicts and his belief that they had not fully considered the evidence in the case. Defendant's friend, Frank Sturgell, and several members of his family also testified, asking for leniency. Through their testimony, the jury learned about defendant's background growing up in Indiana, including the changes he went through at age 15 following his mother's departure from Indiana with his 3 younger siblings and the serious car accident he suffered shortly thereafter. Ron Stacey, a lay chaplain for the Lawrence County jail in South Dakota, testified that defendant had accepted Christ and become a changed man while incarcerated. It was stipulated that officers from the Florida Department of Corrections and the Amador County jail, respectively, would testify that defendant posed no disciplinary problems.
I. PRETRIAL AND GUILT PHASE ISSUES
A. Tension Between Statutory Right To Speedy Trial And Constitutional Right To Effective Assistance Of Counsel
Shortly after defendant's arrest and extradition to California, the trial court appointed Larry Dixon to represent him. Defendant waived his right to a speedy preliminary hearing until his counsel's first appearance. Dixon represented defendant at the preliminary hearing that commenced on October 17, 1985. Soon thereafter, Dixon moved to withdraw from his appointment, citing his lack of experience in capital cases. Following a court hearing held on June 19 and June 20, 1986, the court granted the motion to withdraw. At the hearing, and in response to the court's request for assistance in securing substitute counsel for defendant, Dixon urged the court to appoint Richard Hawk to represent defendant, and indicated that defendant desired to go to trial as soon as possible. The court declined to appoint Hawk at that time. At the conclusion of the hearing, defendant agreed to waive time for two weeks for the purpose of appointing new counsel.
Over the course of the next four months, defendant repeatedly waived his right to a speedy trial. On August 27, 1986, he agreed to vacate the previously scheduled trial date of September 2 until October 6, 1986, with the understanding that the co
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