Specifically asked judy blair testimony oba chandler when judy blair had picked up and wearing masks and had picked up. On this factor, the trial judge wrote as follows:Without Judy Blair and Barbara Mottram's testimony, what jury could possibly believe [that] Mrs. Rogers and her two children would board Chandler's boat for a sunset cruise within 24 hours of having met him? Most of the prospective jurors who were questioned indicated that they had not heard about the case. 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. Therefore, any inference of guilt for the [Blair] rape from the invocation of the Fifth is undeniably harmless. Appellee's Answer Brief at 73. Mere conclusory allegations are not sufficient to meet this burden. See Stephens v. State, 748 So.2d 1028, 1033 (Fla.1999). The test of admissibility is relevancy. 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. 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. However, even that dissimilarity may be attributed to differences in the opportunities with which [Chandler] was presented, rather than differences in modus operandi. Id. Date. There must be identifiable points of similarity which pervade the compared factual situations. Id. Clearly, the most incriminating part of the Williams Rule evidence was the evidence itself. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. Thus, while trial counsel's handling of this issue may have differed from collateral counsel, trial counsel's strategic decisions under these circumstances do not amount to ineffective assistance of counsel. Strickland, 466 U.S. at 694, 104 S.Ct. 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. 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 then entered Roark's car, a black Mustang, and they drove away. 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. 8. 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. Despite Blair's refusals and attempts to resist him, Chandler raped her. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. He invited them for a boat ride the next morning. by | May 28, 2022 | brandon merrill husband | May 28, 2022 | brandon merrill husband 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. It's ridiculous.. Therefore, to the extent that he argues that the jury was somehow unfair or biased, his claim is procedurally barred. Even though collateral counsel disagrees with trial counsel's strategy for dealing with the Williams Rule evidence, this disagreement does not place trial counsel's decision on how to deal with the evidence outside the realm of reasonably effective assistance of counsel. "); see also Cherry v. State, 659 So.2d 1069, 1073 (Fla.1995) ("The standard is not how present counsel would have proceeded, in hindsight."). 848 So. 9. judy blair identified. Posted on May 29, 2022 by May 29, 2022 by 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. Kristal had been convicted of a crime involving dishonesty and appeared on the television show Hard Copy in 1994 to discuss her father's alleged role in the murders in return for a $1000 fee. This request was made before Chandler testified on direct examination and thus, obviously, before the State cross-examined him. 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. 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. Counsel must indicate whether, based on his investigation, he reasonably believes there to be mitigating evidence that could be presented and what that evidence would be. Chandler: Did I tell her that I was innocent? Shortly thereafter Gore pawned several items of Corolis' jewelry and then proceeded to Kentucky in her car. (Emphasis added.). Mottram picked Chandler's photograph out of a photo pack and identified him in a lineup and in court. To establish prejudice, "[t]he defendant must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. Chandler maintained that he never saw any of the Rogers family again after this short encounter and adamantly denied killing them. See Chandler v. State, 442 So.2d 171, 173 (Fla.1983). Sometime after Chandler's conviction on the murders, the State decided not to pursue charges associated with the alleged sexual battery. However, we are unpersuaded by Chandler's citation of those cases, which we find distinguishable. 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. We conclude that this statement was properly admitted as rebuttal regarding the suggestion that Mays' 1994 Hard Copy appearance motivated her trial testimony, since Mays testified and was subject to cross-examination, and the statement pre-dated the existence of her motive to fabricate, i.e., the Hard Copy appearance. Id. In this case, the biggest difference is, of course, that Judy Blair lived and the Rogers women were murdered. And then Mr. Chandler has got to, in essence, acknowledge that he understands it could have been helpful and, in essence, announce that he wish that not be presented. Squatters A Of Crossword Conquest Mongodb The police subsequently found the Rogers' car parked at a boat ramp on the Courtney Campbell Causeway. Furthermore, Chandler has not established either element of the test for establishing ineffective assistance of counsel. Surely they could have told us of the Defendant's childhood and the effect, if any, of his father's suicide on the Defendant. Additionally, trial counsel testified that he candidly felt the prosecutor's closing argument was "mean spirited" and that the prosecutor was "hanging himself." After Chandler was arrested in September 1992, Kristal was contacted and cooperated with the police and she began to tape their conversations. 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. Trial counsel also stated, "in general I don't like to jump up all the time anyway. Appellee's Answer Brief at 45. Ineffective assistance of counsel claims present a mixed question of law and fact subject to plenary review based on the Strickland test. Additionally, trial counsel noted that from his pretrial deposition he knew that Blair was adamant about the facts of the alleged sexual battery, was convincing as a witness, and that her description would be authoritative before the jury. Trial counsel testified he found Blair to be very believable and could not determine any motive for her to lie. 13. The Defendant was only ten years old when his father committed suicide. (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). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Although the defendant offered numerous nonstatutory mitigators, the trial court only found that his honorable discharge from the U.S. Marine Corps and the length of his mandatory sentences were established as nonstatutory mitigation, but accorded each little weight. Please try again. The October 1992 statement was undisputedly made after the October 1990 drug money incident. Court: And it is your decision that you have instructed your lawyer not to call these people. This Court stated that "[b]ecause none of these prosecutorial comments would have constituted reversible error had they been objected to at trial, we affirm the trial court ruling summarily denying this claim." Thus, Chandler is not entitled to relief on this claim. (Emphasis added.) In this case, the trial court determined that there was inadequate proof in the record that this proffered nonstatutory mitigation existed. In Thompson, the primary similarities were that both victims were approximately the same age and build; both crimes occurred near a particular church parking lot; and the defendant was having domestic problems on both occasions. There is no proof, therefore, in the record, of the mitigating factor of child abuse, or a deprived childhood. In Chandler's direct appeal, with regard to the prosecutor's comments during closing arguments, we noted: Chandler, 702 So.2d at 191 n. 5. 488 So.2d at 55. (This information is contained in the 1977 PSI). It convenient also knew more structure to give proof. i think, when considered in the totality of the claims, there is a likelihood, based upon the circumstantial evidence case that the state had, regarding the rogers homicides, that mr. chandler might we will have been found not guilty, had his Freeman v. State, 761 So.2d 1055, 1061 (Fla. 2000) (citations omitted). 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. He testified at trial that on June 1, Chandler appeared to be in a big hurry after bringing Cooper some screen. The assistant medical examiner, Dr. Edward Corcoran, performed autopsies that same day. After the hearing, the trial court entered an order explaining the stipulation and stating that the parties and Chandler had agreed to the stipulation. 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. That puts Mr. Chandler in a tough dilemma. 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. Admittedly, on its face, trial counsel's strategy might raise doubts as to its efficacy. See art. denied, 520 U.S. 1199, 117 S.Ct. Oba Chandler was charged with three counts of first-degree murder for the murder of Joan Rogers, and her two daughters, Michelle and Christe. (Supp.1994). Pursuant to section 910.03(1), Florida Statutes (1993), Chandler initially elected to be tried in Hillsborough County. 494 So.2d at 204. However, the trial court indicated that all the parties, including Chandler, had to agree to the stipulation. Only Judy accepted his offer. Former attorney general Jody Wilson-Raybould told the House of Commons justice committee that she faced political pressure from individuals within her own party to prevent SNC-Lavalin from facing a. Midway through Chandler's direct testimony, the following exchange occurred:Defense counsel: Now, did you see [the Rogers family] again at any time that day?Chandler: I've never seen them again.Defense counsel: Never saw them again in your life?Chandler: No, sir.Defense counsel: Did you kill these people?Chandler: No, I did not.Defense counsel: Did you take them out on your boat?Chandler: No, they've never been on my boat. 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. Again, Blair could not convince Mottram to join them. 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. Additionally, postconviction counsel abandoned claim six regarding the fuel line expert, after announcing that he had investigated the claim very carefully and could find no good faith basis for the claim. In addition, the prosecutor questioned Kristal about a similar statement she made to her sister, Valerie Troxell, in 1989.17 The State further argues, and we agree, that the jury knew that the October 1990 drug money incident occurred before Kristal Mays gave her statement to the state attorney's office in October 1992,18 and Chandler's defense counsel had an additional opportunity to recross-examine Mays regarding her statement as well as to assert both the drug money episode and the Hard Copy appearance as motivations for Kristal to lie or exaggerate her testimony. 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. However, at the Huff hearing, the trial court indicated that the parties could inquire of trial counsel as to any strategic decisions he made in not objecting to the prosecutor's closing arguments. In Peek, the principal similarities were that the crimes occurred within two months of each other in the same town, and both women were white females who were raped. 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. Transcripts and Exhibits from Independent Investigation into Sexual Harassment Allegations Against Former Governor Andrew Cuomo . Dr. Judy Blair is a Psychiatrist in San Quentin, CA. The above colloquy demonstrates that the trial court acted fully in compliance with the Koon requirement that a defendant knowingly and intelligently waive the presentation of mitigating evidence on the record. 061712 Judy Vanlo 1 beaten to death in Des Moines by Raymond Benitez 19 boyfriend. 2296, 152 L.Ed.2d 1054 (2002). Transcript; . Geralds. 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