judy blair testimony transcript

Furthermore, the fact that trial counsel's tactics did not secure the result defendant wanted does not mean that collateral counsel, who has the benefit of hindsight, can label trial counsel ineffective for failing to use an alternative tactic. 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." 1535, 140 L.Ed.2d 685 (1998). Chandler visited his daughter, Kristal Mays, and her husband Rick in Cincinnati in November 1989. [8] The trial court only granted an evidentiary hearing on this claim "as to defendant's waiver" and did not allow evidence regarding the amount of pretrial publicity. Transcript; Exhibits; Video Testimony; Ana Liss. Similarly, because we have previously held that the prosecutor's comments in this case did not constitute fundamental error, even though some of the prosecutor's comments in this case were ill-advised, they were not so prejudicial as to vitiate the entire trial. The material issue to be resolved by the similar facts evidence in the present case is identity, which the State sought to prove by showing Drake's mode of operating. Law Project, a federally-recognized 501(c)(3) non-profit. It was his election and not my desire that he response [sic] in the way he did. Gore also argues that the similar features of the two crimes are not sufficiently unique to serve as evidence of identity While the common points between the Corolis assault and the Roark murder may not be sufficiently unique or unusual when considered individually, they do establish a sufficiently unique pattern of criminal activity when all of the common points are considered together. 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. The October 1992 statement was undisputedly made after the October 1990 drug money incident. A mere general similarity will not render the similar facts legally relevant to show identity. 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. Robert Carlton testified that he bought a blue and white boat from Chandler in July or August 1989. 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. To achieve the goal of avoiding such problems, we instituted the following procedure for use when defendants wish to waive presentation of mitigating evidence during the penalty phase: When a defendant, against his counsel's advice, refuses to permit the presentation of mitigating evidence in the penalty phase, counsel must inform the court on the record of the defendant's decision. There must be identifiable points of similarity which pervade the compared factual situations. Id. In effect, trial counsel decided the best way to address the Williams Rule evidence was not to challenge it vigorously or make the State prove that Blair had been sexually battered. Gore then entered Roark's car, a black Mustang, and they drove away. Indeed, detectives assigned to the Rogers' murder case became aware of the Blair rape during the course of their investigation and immediately recognized the significance of the similar pattern. Id. That was it. The Blair incident was relevant and necessary to answer that question. The significant common features of the two crimes include the following: The victim was a small female with dark hair; Gore introduced himself as Tony; he had no automobile of his own; he was with the victim for a lengthy amount of time before the attack began; he used or threatened to use binding; the attack had both a sexual and pecuniary motive; the victim suffered trauma to the neck area; Gore transported the victim to the site of the attack in the victim's car; the victim was attacked at a trash pile on a dirt road, where the body was then left; Gore stole the victim's car and jewelry; he pawned the jewelry shortly after the theft; he fled in the victim's automobile, leaving the state where the victim was apprehended and staying with a friend or relative for a period of time after the crime; and he represented the car to be a gift or loan from a girlfriend or relative. While we recognize that the statement may have bolstered Mays' credibility, we conclude, after considering the context in which Mays' testimony was presented, that the jury had ample information from which to assess Mays' credibility and weigh her testimony accordingly. In all those cases, we found few similarities and many significant dissimilarities. At trial, she identified the clothing Chandler had been wearing that night. [19] Cf. The Defendant lived with his mother after his father died. 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. Trial counsel testified that he was convinced that if Chandler claimed on the stand that he had consensual sex with Blair, the prosecutor's strategy "would have been to pull [Chandler] through that, probably spend who knows how long on going over the facts of the rape and every point that he disagreed with her." Share Save. This claim is without merit. Toggle navigation. However, in cases where there has been no evidentiary hearing, we must accept the factual allegations made by the defendant to the extent that they are not refuted by the record. Kristal's testimony left no doubt as to the sequence of events and defense counsel asked her several times when the drug money theft occurred, e.g., [t]his incident occurred in October of 1990, right?, to which Kristal responded yes.. Toggle navigation. 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 . 488 So.2d at 55. The credibility of a criminal defendant who takes the stand and testifies may be attacked in the same manner as any other witness. The few dissimilarities here seem to be a result of differences in the opportunities with which Gore was presented, rather than differences in modus operandi. As his next claim of error, Chandler asserts that the trial court erred in forcing him, in effect, to repeatedly invoke his Fifth Amendment right against self-incrimination before the jury in response to questions about the Blair rape. After Chandler was arrested in September 1992, Kristal was contacted and cooperated with the police and she began to tape their conversations. Mays had testified to these issues during the State's case-in-chief. Mottram picked Chandler's photograph out of a photo pack and identified him in a lineup and in court. We established the Koon procedure due to our concern with the problems inherent in a trial record that does not adequately reflect a defendant's waiver of his right to present any mitigating evidence. 619 So.2d at 250. Having made this choice, he must suffer its natural consequences. (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). They stopped up, started talking with Rick about building money up. We have jurisdiction. Squatters A Of Crossword Conquest Mongodb 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. To support his argument, Chandler directs our attention to Drake v. State, 400 So.2d 1217 (Fla.1981); Thompson v. State, 494 So.2d 203 (Fla.1986); and Peek v. State, 488 So.2d 52 (Fla.1986), wherein we found that the prior sexual crimes of the defendants in those cases were inadmissible in their murder prosecutions since the collateral crimes were insufficiently similar. We have jurisdiction. 5 (1 rating) Leave a review. [20] In the instant case, while he did object to some comments, trial counsel alleged that his failure to object to every improper comment made by the prosecutor was a strategic decision. Strickland, 466 U.S. at 694, 104 S.Ct. [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. 8. Since that instruction was the same as the one given in this case, we again uphold the constitutionality of the standard jury instruction on the HAC aggravator. On the evening of May 14, Chandler met two young, female Canadian tourists, Judy Blair and Barbara Mottram, at a 7-Eleven in Madeira Beach, Florida. 662, 154 L.Ed.2d 564 (2002), and King v. Moore, 831 So.2d 143 (Fla.2002), cert. 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)). 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. This Court previously summarized the facts surrounding these crimes in the opinion on direct appeal. 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. [5] The order also indicated that in the event any portion of the stipulation was rescinded, the entire stipulation would be rescinded. Subsequently, Chandler began making advances to Blair after the boat entered the Gulf of Mexico. Chandler, 702 So.2d at 191 n. 5. T On redirect, the State attempted to rehabilitate Mays by introducing her sworn statement made to the state attorney's office on October 6, 1992, before the Hard Copy appearance was negotiated. 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"). Stay up-to-date with how the law affects your life. He also testified that he never told Rollins Cooper that he had a date with three women. High profile nor did judy blair and court erred . Chandler, 702 So.2d at 192-97. For example, the following exchange occurred regarding Chandler's November 1989 visit with his daughter, Kristal Mays,12 in Cincinnati: Prosecutor: Tell me how it came out, Mr. Chandler. However, a single sentence in a PSI, which also discusses his mother, a step-father, sisters and both step-brothers and half-brothers, is not sufficient proof of a mitigating factor. Transcript Part 1; Transcript Part 2; Exhibits Part 1; Video . The improper admission of prior consistent statements is also subject to harmless error analysis. We find no merit in this claim. On direct appeal, Chandler did not challenge any members of the Orange County jury as being unfair or unable to be impartial. Chandler's claim of error addresses the first prong. Arens began the questioning as such: Mr. Arens: Kindly identify yourself by name and residence. The moon that hurts so ever is the unfairness of it. 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. Chandler was the man she saw. If child abuse or deprived childhood existed in Defendant's case, he voluntarily elected not to present any evidence of it. We agree that the decision not to object to improper comments is fraught with danger and may not be wise strategy because it might cause an otherwise appealable issue to be considered procedurally barred. 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. CourtListener is sponsored by the non-profit Free Law Project. 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. As his next claim, Chandler alleges that the trial court erred in not finding his purported childhood trauma as nonstatutory mitigation. The mode of operating theory of proving identity is based on both the similarity of and the unusual nature of the factual situations being compared. 3. In the statements cited, the prosecutor used words and phrases such as "desperation, distortion, and half-truths," "charade," and "totally irrational" to characterize defense counsel's arguments as misleading. 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. We also find any potential error harmless. 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. Id. At that point, the trial judge commented as follows: Court: Okay. He testified that he had a very brief conversation with Michelle, giving her directions to the Days Inn on Highway 60. 657, 154 L.Ed.2d 556 (2002), and denied relief. The next day, Blair told Mottram what happened and reported the rape to the police. We note that Mottram refused to go for a cruise not once, but twice. [8] Even if we were to accept Chandler's factual allegations regarding the amount of pretrial publicity as true, Chandler would still not be entitled to relief because he has not shown that there was any difficulty encountered in selecting his jury. 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. Id. Has he gone over that with you? Precedential, Citations: Specifically asked judy blair testimony oba chandler when judy blair had picked up and wearing masks and had picked up. When asked about details surrounding the rape of Judy Blair, Chandler invoked his Fifth Amendment right to remain silent twenty-one times, although he did answer some questions regarding his perception of the link between the rape and the murders. (Emphasis added.) In that way, the State presumably could not address that subject matter when cross-examining Chandler since the issue was not broached on direct examination. In Dabney v. State, 119 Fla. 341, 161 So. While waiting for his friend at a convenience store, Gore struck up a conversation with Roark. [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. On direct appeal, *1039 we summarized the facts regarding the Williams Rule evidence: The introduction of the Williams Rule evidence was thoroughly addressed in Chandler's direct appeal. Gore's fingerprint was found in the car, as well as a traffic ticket which had been issued to him while he was in Miami. We find no error in the admission of evidence of Gore's attack on Corolis. Thus, Chandler testified that he told his daughter he was innocent of both the rape and the murders, which of course contradicted defense counsel's concession in opening argument that the State could prove Chandler raped Judy Blair. Greater Cincinnati Behavioral. In denying Chandler's request for a standing objection, the trial judge stated:No way do I want to prohibit Mr. Chandler from testifying before this jury. See Rolling, 695 So.2d at 285. 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." 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. (Emphasis added.) 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. 16. Even though he did not concede guilt to the murders, given the similarities between the murders and the alleged sexual battery, trial counsel's decision should still be closely scrutinized. Chandler allegedly said that the only reason that woman was still around is because somebody was waiting for her at the boat dock. 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. [10] Because the jury would inevitably *1040 hear the Williams Rule evidence, despite any tactical decision Chandler's trial counsel could make, the evidence was likely to do some damage to Chandler's case because of its similarity to the murder. Id. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. 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. 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. The jury recommended a death sentence for each of the murders by a vote of twelve to zero later that same day. United States v. Weber, 437 F.2d 327 (3d Cir.1970). See Chandler v. State, 442 So.2d 171, 173 (Fla.1983). Strickland, 466 U.S. at 689, 104 S.Ct. Chandler: Yes, he has, and I have made a decision, your Honor, to call no one. Clearly, the trial judge was describing Koon and the compulsory procedure in this situation. 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). judy blair testimony transcript. The following day Roark's grandmother reported her missing. Gore arrived in Tampa on January 31, driving a black Mustang. 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. 9. A mitigator is supported by evidence if it is mitigating in nature and reasonably established by the greater weight of the evidence. During another visit to Cincinnati in October 1990, Chandler had Rick Mays set up a drug deal. We recognize that the crimes are not exactly the same. James, 695 So.2d at 1235; Hartley v. State, 686 So.2d 1316 (Fla.1996), cert. Carlton recalled seeing concrete blocks at the Chandler house and that some of the concrete blocks had three holes and some had two. DiGuilio, 491 So.2d at 1135. at 193-94. what is virgo spirit animal. 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. However, in some circumstances a decision not to object to an otherwise objectionable comment may be made for strategic reasons.[20]. Mere conclusory allegations are not sufficient to meet this burden. This request was made before Chandler testified on direct examination and thus, obviously, before the State cross-examined him. The test of inadmissibility is a lack of relevancy. 674 So.2d at 99-100. 400 So.2d at 1219. After boating for several hours, Blair and Chandler returned to the dock. 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. Shortly thereafter Gore pawned several items of Corolis' jewelry and then proceeded to Kentucky in her car. 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. That was a choice that the defendant made in urging more than one reason to fabricate at trial. One week later, housekeepers notified the general manager that the Rogers' room had not been inhabited for several days. Certainly [it] cannot come as a surprise to you or your client.This is exactly what I said last night. Do you understand that? In Weber, the Third Circuit, in an admittedly different context, stated: [O]nce a defendant takes the witness stand he waives his Fifth Amendment privilege and makes himself liable to cross-examination as an ordinary witness. 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. 4. [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. That puts Mr. Chandler in a tough dilemma. 848 So. at 664. judy blair testimony transcript. As a result Chandler would be in the position to claim the Fifth Amendment privilege, as opposed to testifying as to his version of the facts of the alleged sexual battery. 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. Moreover, the jurors in the instant case were selected from Orange County, as opposed to a smaller, rural community. The calls were placed to a number registered to Debra Chandler, Chandler's wife. 97-5975 (U.S. Sept. 10, 1997); Henyard v. State, 689 So.2d 239 (Fla.1996) (finding four aggravators, including HAC, prior violent felony conviction, and murder during commission of kidnapping and sexual battery outweighed two statutory mitigators and minor nonstatutory mitigation), cert. denied, 522 U.S. 825, 118 S.Ct. judy blair identified. 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. 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. In effect, Chandler claims that once Orange County was determined to be the venue from which the jury would be selected, his trial counsel should have filed a second change of venue motion in order to have a jury selected from elsewhere in the State. Dr. Judy Blair, MD is a Psychiatry Specialist in Cincinnati, OH. Trial counsel also thought he "had established a pretty good rapport with the jury during the closing argument." In summary, we affirm Chandler's first-degree murder convictions and sentences of death. Similarly, Rick Mays thought Chandler had committed the murders from the way he described how the police were looking for him as a murder suspect. This exchange also shows that Chandler did answer some questions about the Blair rape, while invoking the Fifth Amendment on others. Please try again. The record reflects that after defense counsel informed the court of Chandler's decision and began to go over the list of penalty phase witnesses and what they would say, the trial judge stated: However, I think there is a case-and I don't have it at my fingertips-but what it says is, if the Defendant has told the defense counsel not to call relevant mitigation, that defense counsel is, Number One, obligated to tell the Court that; and, Number Two, the Court then is obligated to tell you what you would have-who you would have called and what they would have said, basically. 1. Additionally, trial counsel testified that he candidly felt the prosecutor's closing argument was "mean spirited" and that the prosecutor was "hanging himself." judy blair testimony transcript (513) 354-7200. There must be identifiable points of similarity which pervade the compared factual situations. denied, 535 U.S. 1098, 122 S.Ct. 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. denied, 520 U.S. 1199, 117 S.Ct. However, that fact alone does not preclude admission of collateral crime evidence and, indeed, would erect an almost impossible standard of admissibility. Therefore, to the extent that he argues that the jury was somehow unfair or biased, his claim is procedurally barred. The trial judge in her order denying Chandler postconviction relief stated that both Chandler and his trial counsel knew that she would try to pick the jury from Hillsborough County before granting a change of venue. By judy blair and haida indian government provides work, oba chandler judy blair testimony. by | May 28, 2022 | brandon merrill husband | May 28, 2022 | brandon merrill husband At a sidebar conference at the end of his cross-exam of Chandler, the prosecutor stated:Just for the record, since I've been repeatedly maligned by the accusations that I was causing Chandler to invoke the Fifth Amendment, I want to clarify that he has a Fifth Amendment right. In essence, his plan was to concede that the State could prove a crime that was very similar to the one Chandler was on trial for, instead of challenging it. The hearing was overseen by staff director Richard Arens and Senator Richard Watkins. 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.
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