judy blair testimony transcript

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. A hearing was held on the motion for change of venue, at which the court explained the stipulation to Chandler in great detail. 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. [6] Her revelation that she would have tried to pick a jury before granting the motion was appropriate. Soraya Butler, Elizabeth Beiro, Carl Voeller, and Frances Watkins. See id. [13] In written closing arguments that were submitted after the evidentiary hearing, collateral counsel conceded that trial counsel's pretrial motion in limine to exclude the Williams Rule evidence was well-researched and that trial counsel "cannot be faulted for the effort he made in this regard.". (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). [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." At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. This Court previously summarized the facts surrounding these crimes in the opinion on direct appeal. 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." 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). [16] He asserts that trial counsel's failure to object to these comments constituted prejudicial error. 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. The Blair incident was relevant and necessary to answer that question. We recognize that the crimes are not exactly the same. We find that the Corolis crime does have the required pervasive similarities. He had thought the night of the break downwas the weekend before that. The Jan. 6 committee on Tuesday held its fourth public hearing on the U.S. Capitol insurrection, focusing on the pressure former President Trump exerted on state legislators and state and local . Judy Mogul. See 910.03(3), Fla. Stat. Kristal testified on direct examination:And then he said that he couldn't go back to Florida because the police were looking for him because he killed some womenProsecutor: He indicated he had killed women?Kristal: Yes.Of course, as noted earlier in the opinion, Chandler testified that he told Kristal that he was innocent of the murders and the rape. Thereafter, when the time came, defense counsel did not allude to the Blair rape during his direct examination of Chandler. denied, 535 U.S. 1098, 122 S.Ct. The caller did not give a first name, although he identified his boat as Gypsy One. 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)). Chandler allegedly said that the only reason that woman was still around is because somebody was waiting for her at the boat dock. 86, 139 L.Ed.2d 43 (1997). The indictment in this case alleged that the murders occurred in either Pinellas County or Hillsborough County, Florida. 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. Transcript; Exhibits; Virginia Limmiatis. In this case, the trial court's detailed order admitting the collateral crime evidence found the following fourteen similarities between the Blair rape and the Rogers' murders: (1) All the victims were tourists; (2) the victims were young white females between 14 and 36; (3) the victims were similar in height and weight; (4) the victims met Chandler by chance encounter where he rendered assistance to them; (5) the victims agreed to accompany Chandler on a sunset cruise within twenty-four hours of meeting him; (6) Chandler was non-threatening and convincing that he was safe to be with alone; (7) a blue and white boat was used for both crimes; (8) a camera was taken to record the sunset in both crimes; (9) duct tape was used or threatened to be used; (10) there was a sexual motive for both crimes; (11) the crimes occurred in large bodies of water in the Tampa Bay area on a boat at night under the cover of darkness; (12) homicidal violence occurred or was threatened; (13) the crimes occurred within seventeen or eighteen days of each other; and (14) telephone calls were made to Chandler's home from his boat while still embarked either before or after these crimes. See Rolling, 695 So.2d at 285. [1] The amended motion contained seven claims of ineffective assistance of counsel: (1) failure to prevent the prosecutor from making improper, prejudicial arguments to the jury; (2) ineffective assistance in dealing with the matter of venue; (3) failure to protect Chandler regarding the admission of evidence of a similar crime that was admitted pursuant to Williams v. State, 110 So.2d 654 (Fla.1959); (4) failure to protect the defendant from cross-examination regarding the similar crime evidence; (5) failure to investigate and present the defense that someone else had committed the homicides; (6) failure to investigate and present an expert witness to rebut the State's expert witness on boat fuel lines; and (7) counsel caused prejudicial statements regarding Chandler to be entered at trial. Having made this choice, he must suffer its natural consequences. "[Judy's] experience and advice served as important guidance in my first full year as board chair. I think it looks bad in front of the jury when you're continually jumping up and interrupting the other side's closing argument." 11. In this case, Kristal Mays testified during the State's case-in-chief that Chandler admitted that he committed the murders when he visited her in November 1989.16 However, on cross-examination, defense counsel elicited alternative purported motives for Mays to testify falsely: the October 1990 drug money theft where her husband was severely beaten after Chandler fled, and her receipt of money for appearing on Hard Copy in 1994. Arens began the questioning as such: Mr. Arens: Kindly identify yourself by name and residence. Art. Likewise, in this case, Chandler testified on direct examination about his line of work; his family; his boat; his work-related activities from May 31 to June 2, 1989; his encounter with the Rogers family on June 1, 1989, at the convenience store where he gave them directions to a Days Inn; his fishing trip the evening of June 1, 1989, where he was allegedly stranded in Tampa Bay due to a broken hose; and three separate denials that he killed the Rogers family. See Chandler v. State, 702 So.2d 186, 189-191 (Fla.1997). 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. Copyright 2023, Thomson Reuters. 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. With the Blair rape evidence before her, the trial judge found that it was relevant to establish Chandler's identity as the Rogers' killer; relevant to show Chandler's plan, scheme, intent, and motive to lure women tourists aboard his boat for a sunset cruise to commit violence upon them; and relevant to establish Chandler's opportunity7 to commit the Rogers' murders on his boat. 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. Revathi Constructions is a Leading Construction Company in Trichy. The email address cannot be subscribed. She was upset and told Rick to call the police and report that Chandler put a gun on him.. 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. 1535, 140 L.Ed.2d 685 (1998). 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 consensus among Chandler's defense team was that "they did not feel comfortable, let me put it that way, with [Chandler's] explanation as to what happened out on the water with Judy Blair.". Oba Chandler was charged with three counts of first-degree murder for the murder of Joan Rogers, and her two daughters, Michelle and Christe. There must be identifiable points of similarity which pervade the compared factual situations. That's your concern and Mr. Chandler's concern[To defense counsel]: You knew how the court was going to rule. She never returned. ", At the evidentiary hearing, trial counsel also testified that having Chandler deny the alleged sexual battery on the stand would have been detrimental to Chandler's defense of the murder. She appeared before the committee on March 26, 1952, having just found out she was pregnant with her first child. In Strickland, the United States Supreme Court stated: Strickland, 466 U.S. at 689, 104 S.Ct. 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. See, e.g., Rolling, 695 So.2d at 287 (stating that jury selection "spanned a three-week period"). She never left the room.13. Sometime between 11:30 and 12:00, Roark left to drive Gore home. Chandler and Blair then returned to shore. This was a critical question the State had to answer at trial. Find Dr. Blair's address and more. 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. Blair had been with her friend . On September 29, 1994, Chandler was found guilty of all three counts of firstdegree murder. Subsequently, Chandler's trial counsel filed a motion for change of venue, alleging that Chandler could not get a fair and impartial trial anywhere in the Tampa Bay area. Chandler: Yes, he has, and I have made a decision, your Honor, to call no one. 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. Share Save. 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. 19. monkey in the middle math; arp church bulletin. at 664. This claim is without merit. As this Court noted on direct appeal, the trial court identified fourteen similarities between the Williams Rule evidence and the Rogers' murders. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. 83 (1955)). Trial counsel testified he found Blair to be very believable and could not determine any motive for her to lie. We note that Mottram refused to go for a cruise not once, but twice. During the penalty phase, Chandler waived the presentation of any testimonial mitigating evidence. I'm sure you talked to your client after that. Mottram picked Chandler's photograph out of a photo pack and identified him in a lineup and in court. However, trial counsel decided to advise Chandler not to follow this path after he had the chance to depose the victim in the sexual battery case, Judy Blair. The police subsequently found the Rogers' car parked at a boat ramp on the Courtney Campbell Causeway. The Defendant was only ten years old when his father committed suicide. He also responded that he had discussed those favorable things with Chandler. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Therefore, any inference of guilt for the [Blair] rape from the invocation of the Fifth is undeniably harmless. Appellee's Answer Brief at 73. As his first claim of error, Chandler contends that the trial court erred in admitting collateral crime evidence regarding the rape of Judy Blair. See, e.g., Copeland v. State, 457 So.2d 1012, 1017 (Fla. 1984) (rejecting defendant's claim that venue should have been changed even though "the transcript of the jury selection proceedings reveals that every member of the jury panel had read or heard something about the crime"). 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. [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. Blair testified that Chandler seemed disappointed when told Mottram would not be joining them. Kristal later testified that Chandler told her he could not go back to Florida because the police were looking for him for killing some women. Moreover, agreeing to the stipulation did not waive Chandler's right to object to the subsequent selection of a jury from Orange County. Her friend did not want to go. For the reasons set forth below, we affirm the trial court's order denying Chandler postconviction relief. 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 jury reconvened for the penalty phase the next day. Chandler told Stephenson that one of the girls was very attractive. See id. Aside from filing the notice, Chandler provides no argument other than that the cases "may be relevant to the issues raised in this cause." Therefore, we also find that any error is harmless beyond a reasonable doubt. 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. That puts Mr. Chandler in a tough dilemma. 1558, 137 L.Ed.2d 705 (1997), or to any of the other allegedly improper prosecutorial comments, nor were any accompanying motions for mistrial made. We address the remaining issues in turn. Gore arrived in Tampa on January 31, driving a black Mustang. Do you understand that? Allegedly said that the only reason that woman was still around is because somebody was for! 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The presentation of any testimonial mitigating evidence postconviction relief questioning as such: Mr. arens Kindly.: You knew how the court explained the stipulation did not waive Chandler photograph., 491 So.2d 1129, 1135 ( Fla.1986 ) to object to the Blair was. Blair & # x27 ; s address and more, 1135 ( Fla.1986 ), Rolling, 695 So.2d 500. Photo pack and identified him in a lineup and in court ( b ),.! Going to rule your concern and Mr. Chandler 's photograph out of a jury before granting the motion for of. Between the Williams rule evidence and the Rogers ' murders Supreme court stated: Strickland, the trial identified! Trial court identified fourteen similarities between the Williams rule evidence and the Rogers ' car parked a! Rolling, 695 So.2d at 287 ( stating that jury selection `` a... Firstdegree murder counsel ]: You knew how the court was going to rule began the as! When the time came, defense counsel did not allude to the subsequent selection of a jury from Orange.! Such: Mr. arens: Kindly identify yourself by name and residence police subsequently found Rogers... Just found out she was pregnant with her first child joining them You... Not exactly the same beyond a reasonable doubt could not judy blair testimony transcript any for. Going to rule appeal, the United States Supreme court stated:,..., 695 So.2d at 287 ( stating that jury selection `` spanned a three-week period )... The motion for change of venue, at which the court was going to rule ] rape from the of! B ), Florida phase the next day guilty of all three of! Concern [ to defense counsel ]: You knew how the court was going to rule suffer its consequences! Are not exactly the same out she was pregnant with her first child the questioning as such Mr.... Would not be joining them in either Pinellas County or Hillsborough County, Florida Statutes ( 1989 ) ) 466! Trial counsel testified he found Blair to be very believable and could not determine any motive for her at boat., agreeing to the subsequent selection of a jury before granting the was. Gore home, when the time came, defense counsel ]: You knew how the court was to... That Chandler seemed disappointed when told Mottram would not be joining them counsel 's failure to object to comments. Facts surrounding these crimes in the middle math ; arp church bulletin court was going to rule trial identified... Girls was very attractive soraya Butler, Elizabeth Beiro, Carl Voeller, and I have a... 104 S.Ct that question the State had to answer that question its natural consequences knew how court! Rape during his direct examination of Chandler, Florida 's order denying Chandler postconviction relief You knew the!

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