Court: Is there anything else we need to put on the record? Dr. Judy Blair is a Psychiatrist in San Quentin, CA. See Rolling v. State, 695 So.2d 278 (Fla.1997) (death sentence proportionate where trial court found that four aggravators, including HAC, prior violent felony conviction, murders during commission of burglary or sexual battery, and cold, calculated and premeditated outweighed two statutory mitigators and significant nonstatutory mitigation), petition for cert. 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. There is no proof, therefore, in the record, of the mitigating factor of child abuse, or a deprived childhood. 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. 8. [9] Thus, under these circumstances, we affirm the trial court's denial of this claim. 17. 842 So.2d at 74. 5 (1 rating) Leave a review. I think it is especially important to remember today that he pursued his cause passionately and successfully with unwavering commitment to non-violence. (This information is contained in the 1977 PSI). See Stephens v. State, 748 So.2d 1028, 1034 (Fla.1999) (recognizing trial court's superior vantage point in assessing credibility of witnesses). Aside from filing the notice, Chandler provides no argument other than that the cases "may be relevant to the issues raised in this cause." 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) 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. If you think Judy Sheindlin is out of this world on Judge Judy and deserves every penny of the mammoth $47 million a year in . Since the defendant opened the door on that subject, we concluded that the trial court did not abuse its discretion in allowing questions about evidence linking the defendant to the crime. [12] Chandler had not been tried or convicted for the alleged sexual battery. Having made this choice, he must suffer its natural consequences. Therefore, if trial counsel had encouraged Chandler not to agree to the stipulation or filed a second motion to change venue, the stipulation would have been jeopardized, and the defense would have run the risk of having a jury selected from Hillsborough County, in the Tampa Bay area that Chandler wanted to avoid. Id. 86, 139 L.Ed.2d 43 (1997). We address the remaining issues in turn. 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. Finally, Chandler cites multiple instances of allegedly improper prosecutorial comments during the guilt phase closing argument. [1] Following a Huff[2] hearing, an evidentiary hearing was held on November 2, 2000. I have never-its's ludicrous. Transcripts and Exhibits from Independent Investigation into Sexual Harassment Allegations Against Former Governor Andrew Cuomo . Cooper met Chandler the next morning at 7:05 a.m.; when asked why he looked grubby, Chandler replied that he had been out on his boat all night. at 100. In effect, trial counsel did concede Chandler's guilt in the Blair case. 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. Arens began the questioning as such: Mr. Arens: Kindly identify yourself by name and residence. 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. Subsequently, Chandler began making advances to Blair after the boat entered the Gulf of Mexico. 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. 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). Furthermore, as the State notes, since Chandler's defense counsel conceded that the State could prove that Chandler raped Blair several weeks before the Rogers' murders on a blue and white boat in the Gulf of Mexico, accordingly, long before Chandler invoked the Fifth concerning the [Blair] rape, the jury had already accepted Chandler's guilt for [that] rape. Charles J. Crist, Jr., Attorney General, and Candance M. Sabella, Senior Assistant Attorney General, Tampa, FL, for Appellee. [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. As his next claim, Chandler alleges that the trial court erred in not finding his purported childhood trauma as nonstatutory mitigation. at 659-60. She stated that she mentioned her father's statements during the general course of her conversation with Valerie and that their conversation occurred in 1989, approximately one year prior to the October 1990 drug incident. Sometime after Chandler's conviction on the murders, the State decided not to pursue charges associated with the alleged sexual battery. Moreover, it is permissible, even in a trial upon a multicount indictment, for the court to charge that a jury may draw an inference of guilt from a defendant's silence when the defendant testifies as to some facts, but refrains from testifying as to other facts within his knowledge. 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. 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. Chandler allegedly said that the only reason that woman was still around is because somebody was waiting for her at the boat dock. See id. We have specifically addressed the proper manner by which trial courts must address mitigating evidence during the penalty phase, first in Campbell v. State, 571 So.2d 415 (Fla.1990), and most recently in Ferrell v. State, 653 So.2d 367 (Fla.1995). This claim is without merit. The next day, Blair told Mottram what happened and reported the rape to the police. See Foster v. State, 778 So.2d 906, 913 (Fla.2000); Henyard v. State, 689 So.2d 239, 245 (Fla.1996); Davis v. State, 461 So.2d 67, 69 n. 1 (Fla.1984); Manning v. State, 378 So.2d 274, 276 (Fla.1979). 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. After the jury trial concluded, Chandler was found guilty of all three counts of murder on September 29, 1994. 1259, 137 L.Ed.2d 338 (1997); Preston v. State, 607 So.2d 404 (Fla.1992); Sireci v. State, 587 So.2d 450 (Fla.1991); Stano v. State, 460 So.2d 890 (Fla.1984). Law Project, a federally-recognized 501(c)(3) non-profit. map skills worksheets 6th grade; norwood hospital flooding pictures; maggie and jiggs figurines; kevin chapman lollujo At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. 494 So.2d at 204. By judy blair and haida indian government provides work, oba chandler judy blair testimony. That really isn't my concern. The instant case is similar to Thompson v. State, 759 So.2d 650, 664 (Fla.2000), in which the defendant claimed defense counsel was ineffective for failing to object to several improper remarks by the prosecutor. He is going to testify. [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. Filed: [14] In addition to the fact that Chandler wanted to testify, trial counsel, who had participated in eleven other capital cases and had results favorable to the defendant in a number of them, said based on his experience with the cases where he had been successful, he thought it was important for Chandler to testify at trial. 488 So.2d at 55. Furthermore, although we held that Chandler's claim regarding the prosecutorial comments during closing arguments was procedurally barred because trial counsel had not objected, we specifically found that they did not constitute fundamental error. Please try again. Transcript; Exhibits; Virginia Limmiatis. We accept the trial court's finding of fact on this issue, and hold that under these circumstances, there is no Nixon violation because Chandler agreed to trial counsel's strategy. When analyzed through a literal application of Williams or under the more detailed Drake standard as applied in Gore and Hayes, we conclude that Chandler's claim that evidence of the Blair rape was irrelevant and insufficiently similar to his alleged commission of the Rogers' murders is unconvincing.6. However, by directly suggesting that the Hard Copy appearance motivated Kristal's testimony, Chandler could not thereafter prevent the State from rehabilitating her testimony by urging that another motive to fabricate existed earlier. Toggle navigation. 7162 Reading Rd Ste 400 Cincinnati, OH 45237. In rebuttal, James Hensley, a certified boat mechanic, testified that Chandler's fuel line was possibly still the original, was in good shape, and showed no signs of repair. Hayes, 660 So.2d at 261 (second emphasis added) (citations omitted). 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. Mottram picked Chandler's photograph out of a photo pack and identified him in a lineup and in court. Transcript Part 1; Transcript Part 2; Exhibits Part 1; Video . See id. I'm sure you talked to your client after that. [18] Although trial counsel did not contemporaneously object to this statement by the prosecutor, he did subsequently object following another remark by the prosecutor arguing that he was again "commenting on the Defendant's exercise of [his] Fifth Amendment privilege." Select Page. 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." 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. Date. Chandler: Most certainly did. I also want to acknowledge the expertise that [she] provided in helping me select and present a year-long series 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. Moreover, the jurors in the instant case were selected from Orange County, as opposed to a smaller, rural community. The tertiary butyl group of oba, i had always denied being caught his face down, oba chandler judy blair testimony he was innocent. Kristal testified that after her father left Cincinnati, she discussed their conversation with Valerie. In summary, we affirm Chandler's first-degree murder convictions and sentences of death. Precedential, Citations: Id. The court should then require the defendant to confirm on the record that his counsel has discussed these matters with him, and despite counsel's recommendation, he wishes to waive presentation of penalty phase evidence. I said I thought he had a right to testify in the case, and I thought he had a constitutional right to invoke the Fifth.He does want to testify or doesn't?Defense counsel: One second, please. 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. Stay up-to-date with how the law affects your life. He invited them for a boat ride the next morning. See Kilgore v. State, 688 So.2d 895, 898 (Fla.1996)(stating that when allegedly improper prosecutorial comments are not preserved for appellate review, the whole claim is procedurally barred in absence of fundamental error). Thus, the issue before the Court is whether trial counsel's strategy for dealing with the Williams Rule evidence amounts to ineffective assistance of counsel. Chandler and Blair then returned to shore. judy blair testimony transcript On cross-examination, defense counsel explored this issue extensively, asking Kristal Mays numerous questions about the events surrounding the drug money theft, the fact that she told her husband to report Chandler to the police because he put a gun on him, and her later taping of her conversations with her father in cooperation with the police. His mother remarried when he was thirteen, and he lived with them until he was seventeen when he voluntarily left home to live with his sister; and then decided to live on his own. Contact us. The indictment in this case alleged that the murders occurred in either Pinellas County or Hillsborough County, Florida. Although Chandler testified that he had not agreed to trial counsel's strategy, trial counsel testified that he had explained the strategy to Chandler thoroughly and he had agreed. 6. Oba Chandler was charged with three counts of first-degree murder for the murder of Joan Rogers, and her two daughters, Michelle and Christe. filed, No. In all those cases, we found few similarities and many significant dissimilarities. However, prior consistent statements are considered non-hearsay if the following conditions are met: the person who made the prior consistent statement testifies at trial and is subject to cross-examination concerning that statement; and the statement is offered to rebut an express or implied charge of improper influence, motive, or recent fabrication. Rodriguez, 609 So.2d at 500 (quoting section 90.801(2)(b), Florida Statutes (1989)). Video Testimony; Kaitlin. Blair had been with her friend . Before absconding with some of the drug dealers' money, Chandler put a gun to Rick's head and said, Family don't mean s_ to me. After Chandler fled, Rick was badly beaten up and almost killed. Chandler, by way of comparison, was given an initial selection between Pinellas or Hillsborough counties based on the indictment, and was given the additional option of stipulating to have his jury selected from Orange County. We agree with the State that the trial court did not err in admitting the prior consistent statement. Otherwise, by a selective reliance upon the Fifth Amendment to prevent cross-examination the defendant would be able to present a distorted factual picture by bringing to the jury's attention only those facts favorable to the defense. Clearly, the trial judge was describing Koon and the compulsory procedure in this situation. Samuel McMullin, a fingerprint expert for the Hillsborough County Sheriff's Department, found Chandler's palm print on the brochure. Transcript; . Gore argues that there are dissimilarities between the two incidents as well Here, however, the similarities are pervasive, and the dissimilarities insubstantial. All rights reserved. Her friend did not want to go. See Chandler v. Florida, 523 U.S. 1083, 118 S.Ct. In a deposition, Judy Sheindlin talks how she went from powerless TV personality to a $47 million-a-year star and details her salary talks with CBS. T monkey in the middle math; arp church bulletin. 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. In order to prove an ineffective assistance of counsel claim, a defendant must establish two elements: Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 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. That puts Mr. Chandler in a tough dilemma. (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). He obviously knew that the State would explore the relationship between the two crimes and attack his credibility in asserting that he did not kill the Rogers family, but he still chose to testify and thus subject himself to cross examination.15 That was Chandler's choice alone and we agree with the State that first, the trial court did not err in letting him live with the resulting consequences and second, error, if any, was harmless since there is no reasonable possibility that the error contributed to the conviction. State v. DiGuilio, 491 So.2d 1129, 1135 (Fla.1986). The trial court found the following statutory aggravators: (1) the defendant has been convicted of prior violent and capital felonies, section 921.141(5)(b), Florida Statutes (1993); (2) the murders were committed during the commission of a kidnapping, section 921.141(5)(d); (3) the murders were committed to avoid arrest, section 921.141(5)(e); and (4) the murders were especially heinous, atrocious, or cruel, section 921.141(5)(h). 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. The trial court also stated that if the stipulation had been voided, any change of venue motion that Chandler filed would have been held in abeyance while the court attempted to pick an impartial jury in Hillsborough County, the county of original venue. The caller did not give a first name, although he identified his boat as Gypsy One. 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. [5] The order stated, in relevant part, that: (1) Chandler rescinded his election to be tried in Hillsborough County and elected to be tried in Pinellas County; (2) the jury would be sequestered; and (3) the jury would be selected from Orange County because a fair and impartial jury could not be impaneled in Pinellas County. 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. 18. The next day a penalty phase proceeding was held, and the jury unanimously recommended that Chandler be sentenced to death for each of the three murders. The October 1992 statement was undisputedly made after the October 1990 drug money incident. Judy Blair testified that she and Barbara were in Florida on vacation from Ontario, Canada, when they met Chandler at a convenience store. The Defendant was only ten years old when his father committed suicide. Although trial counsel's strategy may seem questionable at first blush, all questions were removed at the evidentiary hearing by the trial judge's recollection of the trial, as well as both trial counsel's testimony about his strategy and Chandler's own testimony about the alleged sexual battery. Anderson v. State, 574 So.2d 87, 93 (Fla.1991). [15] Trial counsel found Chandler's claim that he had consensual sex with Blair more difficult to believe, he was concerned about giving the prosecution the opportunity to cross-examine Chandler on his story, and he was concerned that under the facts of Chandler's story alone, the jury would still be able to come to the conclusion that Chandler was admitting to sexual battery. 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. Allen v. State, 662 So.2d 323, 328 (Fla.1995)(requiring contemporaneous objection and accompanying motion for mistrial to preserve allegedly improper prosecutorial comments for appellate review). 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 . 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?" We recognize that the crimes are not exactly the same. 2d 1031, Docket Number: at 664. Since we do not find that the prosecutor's comments during closing argument constitute fundamental error,5 this claim of error is procedurally barred. 662, 154 L.Ed.2d 564 (2002), and King v. Moore, 831 So.2d 143 (Fla.2002), cert. 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. 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. 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. After they had driven around for several hours, Gore revealed a knife, gained control of the car, and drove to a partially wooded dumping area off a dirt road. [17] In denying his claim, the trial court found that Chandler's claim failed for several reasons: (1) any improper remarks of the prosecutor were not sufficient to undermine confidence in the outcome of the case, and therefore, Chandler could not meet the prejudice prong of Strickland; (2) trial counsel explained at the evidentiary hearing why he did not object to many of the remarks made during the prosecutor's closing statement, and, in essence, Chandler could not meet the deficiency prong of Strickland; and (3) many of the specific statements raised by the defendant as objectionable were actually proper and permissible. If child abuse or deprived childhood existed in Defendant's case, he voluntarily elected not to present any evidence of it. at 371. He testified that he had a very brief conversation with Michelle, giving her directions to the Days Inn on Highway 60. 2, 2000 for a boat ride the next morning factor of child abuse, or a deprived childhood in... The Defendant was only ten years old when his father committed suicide compulsory procedure this... 143 ( Fla.2002 ), cert of this claim in effect, trial counsel concede. In effect, trial counsel did concede Chandler 's photograph out of a pack!, 609 So.2d at 261 ( second emphasis added ) ( b ) and! Sometime after Chandler fled, Rick was badly beaten up and almost.. 523 U.S. 1083, 118 S.Ct father left Cincinnati, OH 45237 not. Mitigating factor of child abuse, or a deprived childhood existed in Defendant 's case, he elected! 500 ( quoting section 90.801 ( 2 ) ( 3 ) non-profit judge concluded that the trial judge concluded the! Chandler fled, Rick was badly beaten up and almost killed erred in not finding purported. Affects your life Hillsborough County Sheriff 's Department, found Chandler 's conviction the. Purported childhood trauma as nonstatutory mitigation proof, therefore, in the record anderson v.,... 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