The instructions were identical except for the name of the primary victim, Trouten or Lewicka, and the relevant dates of the offense. Was the venue instruction clearly erroneous? They opened the top and discovered a body inside. Fed.R.Evid. Instead, the question was designed to challenge the credibility of Nancy Robinson and her testimony that her husband was a good family man. See K.S.A. 60455. 222603 provides that where two or more acts are requisite to the commission of any crime and such acts occur in different counties the prosecution may be in any county in which any of such acts occur . The existence of a common scheme or course of conduct connecting the murders is one of the acts requisite to the commission of capital murder under K.S.A. denied 537 U.S. 834 (2002), overruled on other grounds by Kansas v. Marsh, 548 U.S. 163, 126 S.Ct. A prosecutor's argument to convict based on the evidence is proper. In denying the challenge, Judge Anderson found the totality of Juror 316's responses demonstrated that his personal beliefs would yield to the court's instructions on the law and that he would serve impartially. In hopes of avoiding criminal prosecution, Robinson prepared four sham affidavits, all purportedly authored by vendors claiming the invoices were genuine. In support, he cited studies in the fields of psychology and social science that suggest humans struggle to set aside preconceived opinions but will confirm their ability to do so when asked. This challenge goes to the heart of the question of actual Sixth Amendment prejudice. While Dillehay believed enhanced voir dire would be infeasible from an administrative perspective, Judge Anderson was undaunted, implementing the very type of voir dire process Dillehay described. Contrary to Robinson's assertion, Morrison's use of this hypothetical question did not improperly shift the burden of proof or undermine the presumption of innocence. Bonner's family grew concerned and contacted authorities to report her disappearance. Maintaining family relationships and familial grief. The defense moved for a mistrial on the penalty phase proceeding only. In the message, Robinson, posing as Tom, asked Taylor to meet him in Kansas City. 20301a, which permits a judge of the district court to exercise judicial powers anywhere within the territorial boundaries of the judicial district, prevented Judge McClain from issuing the extraterritorial search warrant. Here, the legislature has defined capital murder to include the killing of more than one person in two or more acts or transactions connected together or constituting parts of a common scheme or course of conduct. K.S.A. In these conversations, Trouten disclosed that she was in a sexual relationship with Robinson. We hold there was no misconduct. 109,419, 2014 WL 6909514, at *1112 (Kan.App.2014) (unpublished opinion) (calling defense position ridiculous not prejudicial, given remark was isolated and State's evidence compelling), rev. Bordenkircher v. Hayes, 434 U.S. 357, 363, 98 S.Ct. Jury selection is a task particularly within the province of the trial judge. Carr, 300 Kan. at 75 (quoting Ristaino v.. Ross, 424 U.S. 589, 59495, 96 S.Ct. For example, the statute authorizing installation or use of pen registers or trap and trace devices expressly limits a judge's ability to issue extraterritorial orders authorizing the use of such monitoring devices. On October 4, the prosecution subpoenaed documents from Ray, and in response, correctional officials searched Ray's cell and found documents responsive to the subpoena. Did media interference demonstrate actual prejudice? 5. Robinson again cites Jackson, 107 Ohio St.3d 53, where the Ohio Supreme Court held that the trial judge should have informed jurors the victim was a 3yearold child, which would have elicited more informed responses to abstract questions regarding their impartiality. Moreover, this isolated remark was likely to have far less impact than the State's overwhelming and compelling evidence establishing that Robinson violently murdered this young, disabled teenager and her mother and, for years thereafter, reaped the financial benefits of his horrific acts by stealing their Social Security benefit payments. Lewicka was residing at this location at the time of her disappearance around fall 1999. Before cross-examination, the defense informed Judge Anderson that counsel intended to elicit this testimony from the witness. 4. See State v. Kleypas, 272 Kan. 894, 1088, 40 P.3d 139 (2001) (even if instances of prosecutorial misconduct are harmless error in and of themselves, their cumulative effect must be analyzed), cert. Can district judges issue extraterritorial search warrants? They contacted the private trash hauler's security officer to obtain the company's cooperation and assistance. Before their scheduled departure, he directed Cox to write letters to her mother and daughter as though she had already arrived at each of these destinations, explaining there would not be time to write family during the trips. The fact that we apply a heightened reliability standard in death penalty appeals does not necessarily bar application of this doctrine. During trial, Judge Anderson took steps to ensure that evidence of Robinson's prior convictions or terms of incarceration was not admitted. K.S.A. Appointed counsel requested a 4month continuance. We have defined mitigating circumstances as those which in fairness may be considered as extenuating or reducing the degree of moral culpability, or blame, or which justify a sentence of less than death, even though they do not justify or excuse the offense. Kleypas, 272 Kan. 894, Syl. denied 290 Kan. 1102 (2010). On January 8, Stasi dropped Tiffany off at Klingensmiths home and told her she had met a man named John Osborne, who was going to help her get a job and finish her GED. A district judge's ruling on juror impartiality is entitled to special deference. 300 Kan. at 75. Kleypas, 272 Kan. at 107475 (the sentencer is free to conclude that some circumstances claimed to be mitigating are not mitigating circumstances); see Eddings v. Oklahoma, 455 U.S. 104, 11415, 102 S.Ct. denied 278 Kan. 852 (2004); see also United States v. Johnson, 354 F.Supp.2d 939, 956 (N.D.Iowa 2005) (where jurors' identities known by parties, procedure might be described as innominate, rather than anonymous' ), aff'd in part 495 F.3d 951 (8th Cir.2007). However, Zant predated Witt, where the Supreme Court rejected footnote 21 of Witherspoon as dicta. [A]ctual prejudice, occurs where the effect of pretrial publicity manifested at jury selection is so substantial as to taint the entire jury pool. State v. Carr, 300 Kan. 1, 57, 331 P.3d 544 (2014) (quoting Goss v. Nelson, 439 F.3d 621, 62829 [10th Cir.2006] ), cert. Did Judge Anderson erroneously admit Cathy Norman's testimony? The second factor weighed slightly in favor of changing venue as the surveys demonstrated that case recognition was not as extensive in Harvey and Ellis Counties. Finally, Robinson suggests media coverage spilled into the courtroom itself when jurors were exposed to prejudicial comments during voir dire. Robinson was looking for a white woman in her teens or early 20s, who had a newborn child, was struggling or disadvantaged, and had no family support or ties. First, a magistrate involved in or who exercises law enforcement powers of the executive branch lacks neutrality and detachment. United States v. LaraRamirez, 519 F.3d 76, 8889 (1st Cir.2008) (no per se rule that juror discussion of the Bible in the jury room during deliberations creates an incurable taint). Dean Stettler, Robinson's DNA expert, testified to delays related to the State's DNA disclosures. [I]t is apparent that the statutory limitations on the jurisdiction of city officers was put in place to protect the local autonomy of neighboring cities and counties, rather than to create an individual right, assuring that a person could only be caught breaking the law by an officer of the jurisdiction within which the crime was being committed. 301 Kan. at 813. See Scott, 286 Kan. at 10607; Cheever, 295 Kan. at 266; Gleason, 299 Kan. at 119397; State v. Carr, 300 Kan. 1, 303, 331 P.3d 544 (2014), cert. Could I tell in and of itself that was the case, I can't tell. However, the State had later provided a will call list that narrowed down those most likely to testify to around 200. During the proceeding, Judge Anderson confirmed that it was Robinson's desire to remove DPDU counsel and substitute Thomas as counsel in their place. 213439(a)(6). Olathe police freely entered the community to execute warrants and handle other police business. Defense counsel employed similar lines of questioning with Jurors 463, 398, and 366. During questioning from defense counsel, Juror 173 made the following comments: I teach at Olathe North High School, okay. He was responding directly to the challenges the defense had lodged to the State's theory during closing. More importantly, the federal rule specifically contemplates that [f]or electronically stored information, original means any printoutor other output readable by sightif it accurately reflects the information. Fed.R.Evid. Yet, during the defense's questioning of Wissel, Judge Anderson sustained the State's hearsay objection and did not allow him to testify to the names of other persons of interest in the Stasi investigation, even though such testimony, according to Robinson, would have explained Wissel's future investigative actions. Juror 184 entered the box without any preconceived opinion of Robinson's guilt, and defendant did not challenge this juror for cause on grounds related to bias or exposure to pretrial publicity. 2078 (1993). Instruction No. Robinson suggests the testimony was not useful to the jury. State v. Fremont, 749 N.W.2d 234, 23738 (Iowa 2008). That was the whole reason John got her I know I will. Robinson believes the statutory language was susceptible to arbitrary application because his case lies at the boundaries of the concepts of common scheme and course of conduct, and, therefore, it was difficult for the jury to determine whether his conduct fell within them. See City of Wichita v. Hackett, 275 Kan. 848, 853, 69 P.3d 621 (2003). Nancy said she stayed with them about an hour, returned to the office, and didn't come home again until dinner. To complete the scheme, Robinson had his brother execute fraudulent adoption paperwork at Robinson's Johnson County business office and pick up the baby at Robinson's home in Stanley. Did the evidence establish a taking by deception? An indirect comment may also violate the privilege where the language used was manifestly intended or was of such a character that the jury would necessarily take it to be a comment on the failure of the accused to testify. McKinney, 272 Kan. at 347. Robinson now alleges that the prosecutor supplied no factual basis for the questioning. Juror 271 said, That's a hypothetical I don't know. at 239. 5. . 9, 169 P.3d 1128 (2007). I realize, and I understand that all I've heard is negative information, I understand that; so going into a trial, I take that into consideration. On the morning of June 3, 2000, law enforcement officers secured a warrant from Johnson County District Judge Larry McClain to search Robinson's Linn County property. Rejecting this claim, the Oregon Court of Appeals found that [d]efendant's ex post facto argument turns on an artificial disassociation of the pre-enactment assaults from the post-enactment murder. The instruction, on the other hand, focuses on acts that are a substantial and integral part of an overall continuing crime plan. Instruction No. 5. In early 1997 the letters ceased. The first was black and sealed with a gray lid. at 2759 (Breyer, J., dissenting). Brown explained that Robinson used his cell phone extensively and it was instrumental in his efforts to solicit and maintain relationships with these womena conclusion supported by findings from LPD officers' extensive surveillance, use of inquisitional subpoenas, and analysis of pen register data. More recently, in Vrabel, 301 Kan. at 80814, we explored what, if any, remedy was available to defendant under K.S.A. 214627(b), recodified as K.S.A.2014 Supp. At various times during small group voir dire, some panelists expressed uncertainty as to their ability to set aside pretrial publicity. Trace bloodstains inside Robinson's trailer on the property matched the DNA of victims Trouten and Lewicka. Detective Owsley testified that law enforcement seized State's Exhibits 52O and 52Q from inside a black, soft-sided case inside a closet during the search of Robinson's residence in Olathe. 3032 (exclusion may be an available remedy for search that violates state law where remedy is provided by statute or statute confers a substantial right, especially one related to Fourth Amendment protections). Judge Anderson's ruling is fairly supported by the record. The seventeenth panel during the second phase of jury selection, small group voir dire, included Jurors 173, 177, 180, 184, 185, and 186. Robinson does not dispute that applicants satisfied the necessity requirement in discussing several traditional investigative techniques. With respect to deterrence, decades of studies have been unable to establish reliable statistical evidence to prove one way or the other whether capital punishment deters potential killers. However, [i]n determining whether the trial court has taken sufficient measures to assure that the accused is tried by an impartial jury free from outside influences, appellate tribunals have the duty to make an independent evaluation of the circumstances. State v. Aikins, 261 Kan. 346, 366, 932 P.2d 408 (1997). State v. Hayden, 281 Kan. 112, 12829, 130 P.3d 24 (2006). The body of the message is identical to State's Exhibit 11, which was authenticated independently through Remington's proffer. During rebuttal closing, prosecutor Morrison argued against Robinson's impassioned plea for mercy during his closing, and in the process used the movie Tender Mercies as a rhetorical device: There's an old movie out several years that had Robert Duvall, he was a down and out alcoholic country singer and the movie was called Tender Mercies. There, defendant was charged with sex crimes against an 8yearold girl. Sheila told Guerrero that she and Debbie were going to visit John. Here, Judge Anderson did not reject all case-specific questions, and nothing in Fell suggests the balance Judge Anderson struck in his rulings violated Robinson's rights under state or federal law. Robinson fails to show a legal definition of the terms that would justify taking the issue from the jury. 1003); Dirickson v. State, 104 Ark.App. See State v. Dull, 298 Kan. 832, 84041, 317 P.3d 104 (2014) (defendant's arguments regarding weakness and inconsistency of State's evidence failed to meet our demanding standard for reversal for insufficiency of the evidence). Lenexa police did not disclose their activities to Olathe police. The court sustained the objection on different grounds, finding that the form of the prosecutor's question was sending a mixed message and instructed the panel members to disregard the prosecutor's comments. 1. See State v. LaGrange, 294 Kan. 623, Syl. For the first step, we determine whether the evidence is relevant. In the second prong of our inquiry, we require that [a statute]'s terms must be precise enough to adequately protect against arbitrary and discriminatory action by those tasked with enforcing it. At Robinson's direction, Holmes told Overland Park detectives that she had recently babysat Tiffany and learned Stasi had left for Arkansas with a man named Bill Summers. There was no prosecutorial misconduct on these grounds. 214624(e), creates a presumption for life, see Kansas v. Marsh, 548 U.S. 163, 17879, 126 S.Ct. Around 4:30 p.m., Stasi called her mother-in-law, Betty Stasi, in a panic, crying and hysterical. That starting point is critical because it is a legislative function to define crimes. This is not surprising because the Kansas act largely mirrors the federal provisions, and therefore wiretap applications are subject to both the state and federal requirements. Defendant failed to establish that any juror actually saw the article, and even if a juror or jurors had, we have no basis in the record to disagree with Judge Anderson's finding that the content was not prejudicial. The State's lone aggravating circumstance is set out in K.S.A. In this regard, the judge's former prosecution and the enhancements sought at sentencing arose from the same acts or transactions. Stasi said here they come, and she hung up, according to the court records. The prospective juror's responses appear less than unequivocal at times. Lewicka's friend Hayes also identified the pencil drawings as Lewicka's work. Powered by. Cleaning something out of there withlike some kind of soap solution.. By Sue Miller WiltzSpecial to Court TV Trouten provided similar descriptions of the job and travel opportunities to her father, aunt, and Michigan employer. Here, defendant failed to clear the first hurdle, as Ibarra's testimony did not establish that Robinson committed a prior criminal act. 60467(a). Some people believe that Robinson is the first bonafide Internet serial killer. a. Not definitively to Kansas as a generalI mean, a lot of prisons across the United States on a pretty routine basis there is not access to computers in prison that there are in our homes, and particularly Internet access, but I have not questioned Kansas specifically about their computer policy with inmates. (Emphasis added.). Defendant had challenged only one of the seated jurors, Juror 39, on grounds of bias related to pretrial publicity. The affidavit also included averments establishing probable cause that evidence of Robinson's crimes would be found at each location. Robinson first argues the character and composition of the jury panel, as well as the members of his jury, demonstrate actual prejudice. 60460(a). Notwithstanding the egregious nature of the crimes and the compelling evidence of guilt presented in this particular case, I believe it is time for this court to reexamine the constitutionality of the death penalty under 9 of the Kansas Constitution Bill of Rights, which prohibits the infliction of cruel or unusual punishment.. In Outler, the magistrate, who had prosecuted defendant for prescribing scheduled drugs without a license 3 years prior, issued a warrant in his capacity as a judicial officer to search defendant's medical office in a later investigation of defendant's practice. First, he suggests media saturation hit the courthouse steps when a local radio station conducted a publicity stunt by handing out Roll out the Barrels of Evidence T-shirts outside the courthouse during trialthe incident giving rise to the third renewed venue change motion. The body had multiple injuries to the head caused by blunt-force trauma consistent with infliction by a hammer. Even if it had, mere solicitation to commit adultery is not an attempt to commit the crime. See United States v. Guzman, 450 F.3d 627, 63132 (6th Cir.2006) (Critical to the ruling in Mach was the expert-like nature of the statements and the fact that the potential juror-expert vouched for the credibility of the prosecution's key witness, factors not present in this case. Nancy said Robinson played an important role in the lives of his children and actively participated in and attended their activities, the appeal said. While State's Exhibit 19EE was admitted after Judge Anderson had admitted State's Exhibits 11 and 12, it nevertheless confirms the accuracy of the contents of these exhibits. In June 2002, Judge Anderson entered a written order outlining the court's rules for handling juror questionnaires. The search warrant was based on information gathered exclusively during the second investigation. 659 F.2d at 1312. Preconceived opinions or notions that you have about facts of the case, you've got to be able to say, I can check that at the door, I can leave that outside the courtroom and not let that affect me. . Nancy testified that the prospect of Robinson's execution has had a devastating impact on their entire family. She told Taylor that she would care for the elderly father of a man named John and accompany them while they traveled domestically and abroad. Defendant's proposed instruction defining common scheme and course of conduct was not legally appropriate, and we hold there was no error. 357, 28 L.Ed. He reviews various cases and statutes in which the phrases have been used and concludes that collectively they demonstrate no one meaning can be identified. In the end, Judge Anderson denied each request for a second continuance because he believed there was adequate time to prepare the defense, especially considering the resources of the defense team and the fact that a lengthy continuance had been granted previously. Cf. While in Kansas, Lewicka worked for Specialty Publications, handling advertising graphics for Robinson's magazine. During that call, Robinson identified himself as Jim. Later that afternoon, law enforcement intercepted another telephone call from Robinson, posing as Jim Turner, to Remington. Proc.Code Ann. 214624(e) (defendant shall be sentenced to death if existence of aggravating circumstances is not outweighed by mitigating circumstances); see Pruett v. Commonwealth, 232 Va. 266, 281, 351 S.E.2d 1 (1986) (juror's leaning toward the death penalty did not demonstrate substantial impairment when response made against the backdrop of the worst possible scenario under circumstances which likely would prompt a similar statement from other prospective jurors). Based on the totality of these circumstances, LPD officers seized Robinson's trash beyond the curtilage of his residence. State v. Gunby, 282 Kan. 39, 57, 144 P.3d 647 (2006). Also, defendant misconstrues Warledo. We see no error in Judge Anderson's ruling. The argument invites the court to reweigh the competing evidence and substitute our judgment in place of the jury's. Broken down to its syllogistic form, Robinson argues: (1) Kleypas was wrongly decided because the court usurped legislative authority and rewrote K.S.A. There is no dispute that LPD officers conducted trash searches beyond their territorial jurisdiction. For many years, we have said that review of prosecutorial misconduct claims involves a two-step process. Lived In Eustis FL, Birmingham AL, Danbury CT. Related To John Robinson, Jacqueline Robinson, Simon Robinson, Cynthia Robinson, Merrill Robinson. 2382, 65 L.Ed.2d 392 (1980). As in Carr, Irvin is distinguishable on the facts. Defense counsel then asked, And you got names, several names, from your investigation at that location; is that correct? Wissel agreed. State v. Knox, 301 Kan. 671, 684, 347 P.3d 656 (2015); see State v. Lockhart, 24 Kan.App.2d 488, 492, 947 P.2d 461, rev. Robinson arranged for Neufeld to stay at Extended Stay America in Overland Park. 60401(b). See K.S.A. RamirezEncarnacion, 291 F.3d at 1222 (court must consider all facts and circumstances in assessing showing of necessity); CastilloGarcia, 117 F.3d at 1188 (court will overlook failure to adequately explain one or more specified categories of normal investigative techniques where recitation of facts makes explanation unnecessary), overruled on other grounds by RamirezEncarnacion 291 F.3d at 1222 n.1. Trouten's father also received a similar typewritten letter in an envelope postmarked San Jose, California, March 27, 2000. K.S.A. Grissom was a territorial jurisdiction case, not a venue case. One of the charges against Robinson is that he killed the baby's mother, Lisa Stasi, and arranged for his brother and sister-in-law to adopt Stasi's four-month-old baby, Tiffany. Taylor jokingly told Remington to ask Turner if he knew any other available masters. Often referred to as "the Internet 's first serial killer," Robinson became infamous after his 2002 conviction connecting him to a series of murders, disappearances, and sex crimes. It then recites that the murders of Trouten and Lewicka were each part of a common scheme or course of conduct that also included the intentional, premeditated murders of Beverly J. Bonner, Sheila Faith, Debbie Faith and Lisa Stasi. Slip op. Even Robinson's conviction for capital murder did not break their marriage. The evidence showed that Robinson later returned to his home with a baby named Tiffany and gave the child to his younger brother in furtherance of what turned out to be his adoption ruse.
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