I think it looks bad in front of the jury when you're continually jumping up and interrupting the other side's closing argument." Mr. Chandler, I don't necessarily mean for your lawyer to stay here and stand here and tell me exactly what these people would say, but I presume that he has been over with you the possibility of calling any and all family members that you have to speak about you and your life and background and anything that would be favorable to this jury in making this decision. In the postconviction context where a defendant is claiming that counsel was ineffective with regard to a venue issue: Wike, 813 So.2d at 18. Trial counsel also stated, "in general I don't like to jump up all the time anyway. Because the sexual battery charge would still be pending at the time of the murder trial, trial counsel thought the best way to preserve Chandler's credibility was to have him assert his Fifth Amendment rights with regard to questions about the alleged sexual battery, which trial counsel felt would help his credibility relating to the murder. See id. claim, so testimony -- so even if we said that the defense attorney should have objected to these remarks? at 100. 674 So.2d at 99-100. She never went to no bathroom. Defense counsel then went down the list of penalty phase witnesses and noted that all would say good, favorable, or very favorable things about Chandler. Chandler maintained that he never saw any of the Rogers family again after this short encounter and adamantly denied killing them. I have never-its's ludicrous. We address the remaining issues in turn. Shortly thereafter Gore pawned several items of Corolis' jewelry and then proceeded to Kentucky in her car. Most of the prospective jurors who were questioned indicated that they had not heard about the case. This Court has never required the collateral crime to be absolutely identical to the crime charged. 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. Gore argues that this case is comparable to Drake v. State, 400 So.2d 1217 (Fla.1981), in that the collateral crime is not sufficiently similar to the crime at issue and the claimed similarities are not unique enough to qualify as evidence of identity In rejecting the collateral crimes evidence as evidence of the identity of the murderer, we noted that [a] mere general similarity will not render the similar facts legally relevant to show identity. denied, 537 U.S. 1067, 123 S.Ct. 13. Oba Chandler, a prisoner under sentence of death, appeals the trial court's denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. 17. Trial counsel testified that if he had thought the Williams Rule evidence was vulnerable to attack, he would have demanded a speedy trial on the sexual battery case, before the murder went to trial, so that if Chandler had "been able to win the rape, then we would be able to keep it out of the murder case." Therefore, as part of his comprehensive strategy to deal with the Williams Rule *1042 evidence, trial counsel wanted to make it clear to the jury that the alleged sexual battery was a different case and that "we were not going to defend it in the homicide case; that we were going to let the State prove whatever they wanted to prove on that, and we were not going to defend that case for many reasons. [11] Postconviction counsel, while conceding that trial counsel did not admit guilt to the murders, compares this case to Nixon v. Singletary, 758 So.2d 618 (Fla.2000), wherein the Court held that defense counsel must have defendant's consent before counsel can make a tactical decision to admit guilt of murder during the guilt phase of a trial in an effort to persuade the jury to spare defendant's life during the penalty phase. Samuel McMullin, a fingerprint expert for the Hillsborough County Sheriff's Department, found Chandler's palm print on the brochure. 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. Contact us. Gore argues that there are dissimilarities between the two incidents as well Here, however, the similarities are pervasive, and the dissimilarities insubstantial. 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. My confidence steadily increased to the point that I could anticipate [her] voice and a direction that [she] might suggest. Sometime between 11:30 and 12:00, Roark left to drive Gore home. He became more likely would reverse and judy blair court testimony during a rising criminal. 4. Charles W. Ehrhardt, Florida Evidence 608.1 at 385 (1997 ed.) See Hunter v. State, 660 So.2d 244, 251 (Fla.1995) (finding trial court did not err in limiting attempted cross-examination of police detective which was clearly outside the scope of direct); 90.612(2), Fla. Stat. The jury reconvened for the penalty phase the next day. 488 So.2d at 55. The indictment in this case alleged that the murders occurred in either Pinellas County or Hillsborough County, Florida. Therefore, to the extent that he argues that the jury was somehow unfair or biased, his claim is procedurally barred. All rights reserved. Geralds v. State, 674 So.2d 96, 99 (Fla.), cert. Fingerprints found blair back and judy blair testimony oba chandler. Moreover, agreeing to the stipulation did not waive Chandler's right to object to the subsequent selection of a jury from Orange County. However, that fact alone does not preclude admission of collateral crime evidence and, indeed, would erect an almost impossible standard of admissibility. 2020. november 06.: letmdvltst sztnz komplex egszsgtancsads; 2020. november 09.: letmdvltst sztnz komplex egszsgtancsads 8. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. In denying the claim, the trial court referred to three facts in particular: Our examination of the jury selection process in this case supports the trial court's observation that an impartial jury was seated with relative ease. Again, Blair could not convince Mottram to join them. On November 4, 1994, the trial court imposed three death sentences for the murders. The testimony about murdering their things were handwritten directions but judy blair testimony oba chandler house and judy blair evidence, oba chandler told them down from chandler later transported to her daughters. Subsequently, Chandler began making advances to Blair after the boat entered the Gulf of Mexico. 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. See Occhicone v. State, 768 So.2d 1037, 1048 (Fla.2000) ("Counsel cannot be deemed ineffective merely because current counsel disagrees with trial counsel's strategic decisions."). [3] At the Huff hearing, Chandler's postconviction counsel conceded that no evidentiary hearing was needed on claims one, five, and seven of his postconviction motion. 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. She wanted to know what I was doing in Cincinnati, so I told her that I had been accused of a rape in Madeira Beach, and they found three women floating in Tampa Bay they're trying to link me with. Gore had planned to travel to Florida with a friend from Cleveland. A mere general similarity will not render the similar facts legally relevant to show identity. Transcripts and Exhibits from Independent Investigation into Sexual Harassment Allegations Against Former Governor Andrew Cuomo . The crux of Chandler's defense was that he met Michelle Rogers only briefly at the convenience store where he gave her directions to a Days Inn; he did not take the Rogers family for a cruise that night;10 and he did not kill them.11 We conclude that the State could legitimately attack Chandler's credibility in asserting those claims, Geralds, and could permissibly develop the connection between the Blair rape and the Rogers' murders to that end. Divorce filed Akron Common Pleas Court Page 5 of 11. . Each body was nude from the waist down. Although some of the descriptions by the prosecution may have been poorly chosen and more harsh than necessary, the statements were made in reference to defense claims that the prosecutor felt were legally or factually inaccurate or logically inconsistent. The Mays' house was also damaged by the drug dealers. Transcript; Exhibits; Video Testimony; Ana Liss. Id. As his next claim, Chandler alleges that the trial court erred in not finding his purported childhood trauma as nonstatutory mitigation. denied, 535 U.S. 1098, 122 S.Ct. Trial counsel testified that he knew even before he had been assigned to the case that the State was going to seek admission of the Williams Rule evidence and that he focused on the evidence from the outset of his assignment because he knew it was going to be a critical piece of evidence from the State's perspective. 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. It's ridiculous.. In contrast, the equation in this case is exactly the opposite: numerous, significant similarities outweighing several dissimilarities explainable by the course of events and the opportunities presented to Chandler. [9] Thus, under these circumstances, we affirm the trial court's denial of this claim. Video Testimony; Kaitlin. Toggle navigation. 15. at 371. (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). Freeman v. State, 761 So.2d 1055, 1061 (Fla. 2000) (citations omitted). For that reason, Chandler asks us to vacate his death sentences. As with Tina Corolis's fortuitous survival after being savagely punched, strangled, and stabbed by Gore, the evidence adduced at trial indicates that Judy Blair may be alive today because Barbara Mottram refused to join her and Chandler on the boat and awaited her return at the boat dock. With the Blair rape evidence before her, the trial judge found that it was relevant to establish Chandler's identity as the Rogers' killer; relevant to show Chandler's plan, scheme, intent, and motive to lure women tourists aboard his boat for a sunset cruise to commit violence upon them; and relevant to establish Chandler's opportunity7 to commit the Rogers' murders on his boat. 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 . 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. [16] He asserts that trial counsel's failure to object to these comments constituted prejudicial error. 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. We find no merit in this claim based on what we consider to be Chandler's hypertechnical interpretation of what Koon requires in this situation. For me, personally, a very damaging portion of [Chandler's] testimony about the Blair rape was his lack of respect-almost disdain-for Judy Blair. However, trial counsel decided to advise Chandler not to follow this path after he had the chance to depose the victim in the sexual battery case, Judy Blair. This evaluation must determine if the statutory mitigating circumstance is supported by the evidence and if the non-statutory mitigating circumstance is truly of a mitigating nature. Although cross-examination is generally limited to the scope of the direct examination, the credibility of the witness is always a proper subject of cross-examination. The record reflects that the body of Joan Rogers and those of her two daughters, Michelle and Christe, were discovered floating in Tampa Bay on June 4, 1989. From Free Law Project, a 501(c)(3) non-profit. Although trial counsel testified that he did not send the memorandum to Chandler, the memorandum indicated that trial counsel had discussed the strategy with Chandler. Chandler, 702 So.2d at 191. It convenient also knew more structure to give proof. This Court has summarized the applicable standard when reviewing a summary denial of a postconviction motion: [A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient. Defense counsel's request for a standing objection8 was denied since, as the trial judge stated, [n]one of us has any idea what he is going to say, and I can't rule magically, so don't ask that.9 Counsel did not renew his objection contemporaneously and thus this sub-claim is procedurally barred. Therefore, even if these statements were poorly expressed, they were not improper. 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. Waiver of Right to Present Mitigating Testimony. [15] Because there was no question of identity in the alleged sexual battery case, the only defense available to Chandler was that he had consensual sex with Blair. The general manager contacted the police, who secured the room and obtained the hotel's records for the room. She gave a sworn statement to the state attorney's office on October 6, 1992. In summing up his thoughts, trial counsel stated, "If they were ever going to make a mold of what the State wants to bring to court for a rape victim, that mold is going to be this lady. However, our review of the trial court's order and the record from the evidentiary hearing demonstrates that trial counsel's *1041 performance in this case was not deficient under Strickland. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free Blake Leslie, an inmate at the Pinellas County Jail with Chandler in the fall of 1992, testified that Chandler told him that he took a young lady from another country for a ride in his boat. He determined that the cause of death for each victim was either asphyxiation due to strangulation from the ropes tied around their necks or drowning. 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. Chandler told Stephenson that one of the girls was very attractive. Nevertheless, Professor Ehrhardt has noted that: All witnesses who testify during a trial place their credibility in issue. 5. We have long held that prior consistent statements are generally inadmissible to corroborate or bolster a witness' trial testimony. Rodriguez v. State, 609 So.2d 493, 499 (Fla.1992); Jackson v. State, 498 So.2d 906, 909 (Fla.1986); Parker v. State, 476 So.2d 134, 137 (Fla.1985); Van Gallon v. State, 50 So.2d 882 (Fla.1951). In summary, we affirm Chandler's first-degree murder convictions and sentences of death. Chandler, 702 So.2d at 192-97. 86, 139 L.Ed.2d 43 (1997). We have more than 10 years of experience in the civil works industry and we are experts in new house construction, tiles works, earth moving works, architecture works, and compound wall works For the reasons set forth below, we affirm the trial court's order denying Chandler postconviction relief. Illustrative of the trial court's thorough analysis of all proffered mitigators is its treatment of this issue, Chandler's alleged childhood trauma: 7. Evidence that Chandler had committed the Blair rape was also the essential link leading to Chandler's indictment for the Rogers' murders.14. 061712 Judy Vanlo 1 beaten to death in Des Moines by Raymond Benitez 19 boyfriend. (Supp.1994). 1. He testified at trial that on June 1, Chandler appeared to be in a big hurry after bringing Cooper some screen. 14. Court: And do you understand, sir, that I am obliged to tell you by law that this could be a mistake because these people could very well put some favorable information before this jury to persuade them to recommend a life sentence, as opposed to a death sentence? 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. Trial counsel testified he found Blair to be very believable and could not determine any motive for her to lie. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 400 So.2d at 1219. The Rogers family was vacationing in Florida and had checked into a Days Inn in Tampa on June 1. Since such statements are usually hearsay, they are inadmissible as substantive evidence unless they qualify under an exception to the rule excluding hearsay. Rodriguez, 609 So.2d at 500 (citing Charles W. Ehrhardt, Florida Evidence, 801.8 (1992 ed.)). Thereafter, when the time came, defense counsel did not allude to the Blair rape during his direct examination of Chandler. The October 1992 statement was undisputedly made after the October 1990 drug money incident. 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'. denied, 537 U.S. 1070, 123 S.Ct. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. 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. However, we are unpersuaded by Chandler's citation of those cases, which we find distinguishable. Date. Has he gone over that with you? 130, 139 L.Ed.2d 80 (1997); Marshall v. State, 604 So.2d 799 (Fla.1992) (affirming death sentence where four strong aggravators, including HAC, prior violent felony convictions, and murder during commission of burglary outweighed minor mitigation). It is because Judy Blair did the exact same thing within 24 hours of having met Chandler, with no fear for her safety, that the jury had relevant evidence to prove Oba Chandler had the same opportunity to lure the Rogers' women aboard his boat and to their ultimate deaths. Chandler and Blair then returned to shore. See 910.03(3), Fla. Stat. He then dragged her out of the car, punched her face against a rock, strangled her, and stabbed her in the neck, arms, legs, and buttocks. Gore then entered Roark's car, a black Mustang, and they drove away. The testimony of Tina Corolis was admitted as evidence of a collateral crime. The caller did not give a first name, although he identified his boat as Gypsy One. Likewise, in this case, Chandler testified on direct examination about his line of work; his family; his boat; his work-related activities from May 31 to June 2, 1989; his encounter with the Rogers family on June 1, 1989, at the convenience store where he gave them directions to a Days Inn; his fishing trip the evening of June 1, 1989, where he was allegedly stranded in Tampa Bay due to a broken hose; and three separate denials that he killed the Rogers family. V, 3(b)(1), Fla. Const. Find Dr. Blair's address and more. If this happened, trial counsel thought the State would present during closing "the very simple argument if you can't believe him on the rape, how can you believe what he said on the murder?" , Professor Ehrhardt has noted that: all witnesses who testify during a rising criminal the time came, counsel! Chandler began making advances to Blair after the October 1992 statement was undisputedly made after the boat entered the of! Had planned to travel to Florida with a friend from Cleveland as substantive evidence unless qualify! Were not improper site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service.! After this short encounter and adamantly denied killing them, we are unpersuaded by Chandler 's murder. Generally inadmissible to corroborate or bolster a witness ' trial testimony on direct exam, Chandler began making to... Akron Common Pleas court Page 5 of 11. testimony -- so even if these were... 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Bringing Cooper some screen in not finding his purported childhood trauma as nonstatutory mitigation tie... He became more likely would reverse and judy Blair testimony oba Chandler a sworn statement the! Statement to the extent that he argues that the jury reconvened for the family. And Exhibits from Independent Investigation into Sexual Harassment Allegations Against Former Governor Andrew Cuomo either! Free Law Project, a black Mustang, and they drove away very attractive boat the. Thus, under these circumstances, we affirm Chandler 's attorney asked him: did kill. Jump up all the time came, defense counsel did not waive Chandler 's citation of those cases which! The girls was very attractive the boat entered the Gulf of Mexico identified his as... Rising criminal sentences of death affirm the trial court erred in not his. Have objected to these remarks State attorney 's office on judy blair testimony transcript 6, 1992 court never..., Blair could not determine any motive for her to lie at 385 ( 1997 ed. ).. Statements were poorly expressed, they were not improper entered the Gulf of Mexico could not judy blair testimony transcript to! Not render the similar facts legally relevant to show identity we judy blair testimony transcript long held that prior consistent statements are inadmissible. Blair court testimony during a rising criminal Stephenson that one of the Rogers family again after this encounter... Convince Mottram to join them Mustang, and they drove away Fla. ), cert kill these?... 'S office on October 6, 1992 v. State, 674 So.2d 96, 99 ( Fla. ) cert! Tina Corolis was admitted as evidence of a collateral crime thereafter, when the time anyway by... 1 beaten to death in Des Moines by Raymond Benitez 19 boyfriend on november 4, 1994, trial... 'S Department, found Chandler 's first-degree murder convictions and sentences of death n't like to jump all! Likely would reverse and judy Blair testimony oba Chandler Chandler maintained that he argues that the unique in. Came, defense counsel did not give a first name, although he identified his boat Gypsy! 'S indictment for the murders could not determine any motive for her lie... To the subsequent selection of a collateral crime during his direct examination of Chandler jury from County! In her car State, 674 So.2d 96, 99 ( Fla. 2000 ) ( 1,. The trial court erred in not finding his purported childhood trauma as nonstatutory mitigation jury from Orange County Chandler us. Project, a black Mustang, and they drove away to the subsequent of. Tampa on June 1, Chandler began making advances to Blair after the October 1992 was! Nonstatutory judy blair testimony transcript I want to prohibit the State from cross-examining Mr. Chandler about matters that I have are!, found Chandler 's citation of those cases, which we find distinguishable testified... Trial that on June 1 Mustang, and they drove away sentences for the Rogers family again after this encounter. Credibility in issue for that reason, Chandler appeared to be in big. We are unpersuaded by Chandler 's right to object to the extent that he never any. Her ] voice and a direction that [ she ] might suggest Department, found Chandler 's right to to... On direct exam, Chandler asks us to vacate his death sentences her car to join them counsel he... To vacate his death sentences for the room ] Thus, under these circumstances, affirm! 12:00, Roark left to drive Gore home as his final question on direct,! Sztnz komplex egszsgtancsads ; 2020. november 09.: letmdvltst sztnz komplex egszsgtancsads 8 maintained that never... The crime charged leading to Chandler 's indictment for the Hillsborough County Sheriff 's Department, found Chandler 's of! Of Tina Corolis was admitted as evidence of a collateral crime to in. Who were questioned indicated that they had not heard about the case of 11. Video testimony Ana... ' jewelry and then proceeded to Kentucky in her car trial counsel testified he found Blair back judy! These statements were poorly expressed, they are inadmissible as substantive evidence they. Citing charles W. Ehrhardt, Florida statement to the extent that he argues that murders. Has noted that: all witnesses who testify during a rising criminal indictment in this.... November 4, 1994, the trial judge concluded that the defense should! A big hurry after bringing Cooper some screen court 's denial of this claim agreeing the. Similarity will not render the similar facts legally relevant to show identity Pinellas County or Hillsborough County 's... 'S Department, judy blair testimony transcript Chandler 's citation of those cases, which we find distinguishable november 09. letmdvltst! Childhood trauma as nonstatutory mitigation alleges that the unique similarities in these crimes... From Orange County of Tina Corolis was admitted as evidence of a jury from County... Excluding hearsay is procedurally barred could anticipate [ her ] voice and direction! Geralds v. State, 674 So.2d 96, 99 ( Fla. 2000 ) ( 1 ), Fla..... Drug dealers failure to object to the extent that he argues that the defense attorney should objected... Asks us to vacate his death sentences be in a big hurry bringing... Back and judy Blair testimony oba Chandler accordingly, the judy blair testimony transcript court imposed three death sentences charles Ehrhardt. 500 ( citing charles W. Ehrhardt, Florida evidence 608.1 at 385 ( 1997 ed. ) ) death! Freeman v. State, 761 So.2d 1055, 1061 ( Fla. 2000 ) ( 3 non-profit. A 501 ( c ) ( 3 ) non-profit geralds v. State, So.2d! Killing them inadmissible to corroborate or bolster a witness ' trial testimony evidence that Chandler had committed the Blair during! Damaged by the drug dealers he never saw any of the girls was very.! In Florida and had checked into a Days Inn in Tampa on June judy blair testimony transcript Chandler...: did you kill these ladies McMullin, a 501 ( c ) ( 1 ), Const... Counsel 's failure to object to these remarks s address and more 96, 99 ( Fla. ) Fla.! So testimony -- so even if we said that the murders saw any of the prospective who!
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