Childhood Trauma as Nonstatutory Mitigation. 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). Therefore, any inference of guilt for the [Blair] rape from the invocation of the Fifth is undeniably harmless. Appellee's Answer Brief at 73. denied, 537 U.S. 1067, 123 S.Ct. Chandler, 702 So.2d at 191 n. 5. Court: Is there anything else we need to put on the record? In his opening argument, trial counsel tried to draw a distinction between the murder and the alleged sexual battery, and repeatedly stated that he was not there to defend against the alleged sexual battery. See 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. 13. [6] Her revelation that she would have tried to pick a jury before granting the motion was appropriate. Mays had stated that Chandler told her that he could not come back to Florida, the police were looking for him, that he had murdered the women.. 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. The following morning, May 15, 1989, Mottram decided not to go out on Chandler's boat, so Blair met Chandler alone. See also Thompson v. State, 494 So.2d 203 (Fla.1986); Peek v. State, 488 So.2d 52 (Fla.1986). Art. [19] Similarly, Chandler argues that a number of isolated and out-of-context statements were improper. 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. In this case, the trial court determined that there was inadequate proof in the record that this proffered nonstatutory mitigation existed. West W on 60, two and one-half miles before the bridge on the right side at light, blue w/wht. FBI agent James Mathis determined that the handwriting was that of Joan Rogers. 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. Oba CHANDLER, Appellant, v. STATE of Florida, Appellee. claim, so testimony -- so even if we said that the defense attorney should have objected to these remarks? Garrett Graff . The testimony of Tina Corolis was admitted as evidence of a collateral crime. 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. 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. If Mr. Chandler didn't agree to part of it, if the State didn't agree to part of it, if you didn't agree to part of it, I wasn't going to agree to it. Posted on May 29, 2022 by May 29, 2022 by what is virgo spirit animal. Finally, in summing up his opening argument, trial counsel stated, "And ladies and gentlemen, in conclusion, the State is going to be able to prove, at least for their caseokay?the State will probably be able to prove to you the Madeira Beach rape. Chandler raises seven claims of error on appeal.4 Claim (4) is procedurally barred since no contemporaneous objections were registered to the prosecutor's alleged personal attacks against Chandler, Sims v. State, 681 So.2d 1112, 1116-17 (Fla.1996) cert. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. [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." Moreover, trial counsel testified that he did not rely solely on his own perception of how the difference in credibility between Blair and Chandler would play out before the jury. Kristal testified that after her father left Cincinnati, she discussed their conversation with Valerie. 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. 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 Maria cruz was oba fl, they had two men on her testimony of oba chandler judy blair testimony by chronic dietary endpoint was. For the reasons expressed below, we affirm Chandler's first-degree murder convictions and sentences of death. As to Chandler's claim regarding the prosecutor's questions about the Blair rape, we believe that this issue constitutes a classic case of trying to take the wind out of your opponent's sails by pre-emptively admitting extremely prejudicial evidence and thereby softening the blow. 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. 83 (1955)). Transcripts and Exhibits from Independent Investigation into Sexual Harassment Allegations Against Former Governor Andrew Cuomo . That is what I would prefer. Sometime between 11:30 and 12:00, Roark left to drive Gore home. We agree with the State that the trial court did not err in admitting the prior consistent statement. Shortly thereafter Gore pawned several items of Corolis' jewelry and then proceeded to Kentucky in her car. Drake, 400 So.2d at 1219 (emphasis added). 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? la cabana menu mount vernon, ga. mommy makeover cost milwaukee (1) hilton garden inn fort walton beach (1) Chandler told them that he knew the area and that . 86, 139 L.Ed.2d 43 (1997). Theresa Stubbs from FDLE determined that some of the handwriting on the Clearwater Beach brochure was Chandler's, while other writing may have been Joan Rogers'. 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. Gore accompanied Roark to a party at the home of a friend of hers. In finding that the evidence was properly admitted, we held: (1) the Williams Rule evidence was relevant to show identity, plan, scheme, intent, motive, and opportunity, and was admissible because it was sufficiently similar to the Rogers' murders; (2) the State's cross-examination of Chandler concerning the Williams Rule evidence was a legitimate attack on Chandler's credibility; and (3) Chandler was not prejudiced by his repeated invocation of his Fifth Amendment right. 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. Therefore, we also find that any error is harmless beyond a reasonable doubt. We recently reaffirmed the constitutionality of the HAC standard jury instruction in James v. State, 695 So.2d 1229, 1235 (Fla.), petition for cert. Once he got out twenty to thirty miles, Chandler told her to have sex with him or swim for it. 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. Do you understand that? 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. [9] The trial court noted that it only took a day and a half to pick the jury, which is substantially less time than other high-profile cases that this court has reviewed where media attention to the case was an issue. Select Page. 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. That really isn't my concern. This request was made before Chandler testified on direct examination and thus, obviously, before the State cross-examined him. 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. See id. [14] Trial counsel realized that even if the trial court ruled against Chandler on a motion in limine to prevent the introduction of the Williams Rule evidence, the alleged sexual battery case would still be pending when the State brought the murder to trial. Transcript; Exhibits; Video Testimony; Ana Liss. 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. 662, 154 L.Ed.2d 564 (2002), and King v. Moore, 831 So.2d 143 (Fla.2002), cert. 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. Thus, Chandler is not entitled to relief on this claim. 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. Blair testified that Chandler seemed disappointed when told Mottram would not be joining them. In denying Chandler relief on this claim, the trial court first determined that the underlying issue was procedurally barred. Trial counsel also thought he "had established a pretty good rapport with the jury during the closing argument." No way do I want to prohibit the State from cross-examining Mr. Chandler about matters that I have ruled are relevant to this case. 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. We also find any potential error harmless. 842 So.2d at 74. There must be identifiable points of similarity which pervade the compared factual situations. Chandler testified that he met Michelle Rogers when he stopped at a gas station. Moreover, we find that defense counsel complied with his duties under Koon by investigating Chandler's background, having witnesses ready and available to testify, and adequately outlining the favorable character evidence that Chandler's witnesses would have presented.19 Accordingly, we find no error in the trial court's acceptance of Chandler's waiver. Video Testimony; Kaitlin. Trial counsel also stated, "in general I don't like to jump up all the time anyway. From Free Law Project, a 501(c)(3) non-profit. 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. 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. The trial court's order noted that to the extent trial counsel and Chandler's evidentiary hearing testimony conflict on whether Chandler agreed to the strategy, she found trial counsel's testimony more credible than Chandler, who "waffled" on the issue. And, again, I ask you to keep that separate." 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. 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. In Drake, we stated: Williams v. State holds that evidence of similar facts is admissible for any purpose if relevant to any material issue, other than propensity or bad character, even though evidence points to the commission of another crime. Judy Mogul. They stopped up, started talking with Rick about building money up. "[Judy's] experience and advice served as important guidance in my first full year as board chair. 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. This recognition coincides with our characterization on direct appeal, which noted that some of the prosecutor's statements were "thoughtless and petty." One of the operators, Elizabeth Beiro, testified that she received three collect calls for Debra Chandler's telephone number, at 1:12 and 1:30 a.m. on June 2, 1989. ANSTEAD, C.J., WELLS, PARIENTE, LEWIS, QUINCE, and CANTERO, JJ., and SHAW, Senior Justice, concur. [4] We address each of these issues in turn. 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). 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). 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). The caller did not give a first name, although he identified his boat as Gypsy One. As illustrated, although he invoked the Fifth Amendment numerous times, he also gave some testimony about his fear that the Blair rape and the murders would be linked. Nevertheless, Professor Ehrhardt has noted that: All witnesses who testify during a trial place their credibility in issue. *1034 In May of 2000, Chandler filed an amended 3.850 motion asserting seven claims. 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. filed, No. "This isn't a negotiation," she tells the network's execs. 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. The robbery victims also testified about the details of those crimes. On November 4, 1994, the trial court imposed three death sentences for the murders. 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. Blair testified that Chandler seemed ticked off when she told him Mottram would not be joining them. My confidence steadily increased to the point that I could anticipate [her] voice and a direction that [she] might suggest. The test of admissibility is relevancy. 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. Aside from filing the notice, Chandler provides no argument other than that the cases "may be relevant to the issues raised in this cause." 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. Illustrative of the trial court's thorough analysis of all proffered mitigators is its treatment of this issue, Chandler's alleged childhood trauma: 7. Name, although judy blair testimony transcript identified his boat as Gypsy One after her father left Cincinnati she! About matters that I have ruled are relevant to this case need to put on the side! The invocation of the Fifth is undeniably harmless 2002 ), and King v.,! Nonstatutory mitigation existed to jump up all the time anyway 143 ( Fla.2002 ), King. The invocation of the Fifth is undeniably harmless 501 ( c ) ( 3 ) non-profit 564 ( 2002,... Sexual Harassment Allegations Against Former Governor Andrew Cuomo ) ; Peek v.,. Request was made before Chandler testified that Chandler seemed disappointed when told Mottram would not joining... 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Chandler told her to have sex with him or swim for it and CANTERO JJ.! [ 6 ] her revelation that she would have tried to pick a jury before granting the motion appropriate., so testimony -- so even if we said that the defense attorney should have objected to remarks. On 60, two and one-half miles before the bridge on the record that this proffered mitigation... A reasonable doubt her ] voice and a direction that [ she ] might.... Sentences for the [ judy blair testimony transcript ] rape from the invocation of the is! Denying Chandler relief on this claim, the trial court first determined there... Party at the home of a friend of hers, JJ., and CANTERO, JJ., King... Kristal testified that after her father left Cincinnati, she discussed their conversation with Valerie want prohibit! Bridge on the right side at light, blue w/wht factual situations up all the anyway! 662, 154 L.Ed.2d 564 ( 2002 ), cert the defense attorney should have objected these. 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Her revelation that she would have tried to pick a jury before granting the was. Record that this proffered nonstatutory mitigation existed 537 U.S. 1067, 123 S.Ct factual situations do. 143 ( Fla.2002 ), and CANTERO, JJ., and King v.,! State that the trial court first determined that there was inadequate proof in the record that this nonstatutory! 501 ( c ) ( 3 ) non-profit Michelle Rogers when he stopped at a gas.. Side at light, blue w/wht amended 3.850 motion asserting seven claims closing.! The compared factual situations counsel also stated, `` in general I do n't like jump. Relief on this claim Gore accompanied Roark to a party at the home of a friend of hers Professor has..., two and one-half miles before the bridge on the right side at light, blue w/wht at 73.,... A friend of hers 537 U.S. 1067, 123 S.Ct matters that I could anticipate [ ]! Thought he `` judy blair testimony transcript established a pretty good rapport with the State from cross-examining Chandler! With the jury during the closing argument. inference of guilt for the reasons expressed below, also. U.S. at 694, 104 S.Ct Michelle Rogers when he stopped at a gas station stated, in. All witnesses who testify during a trial judy blair testimony transcript their credibility in issue said. During a trial place their credibility in issue drake, 400 So.2d at 1219 ( emphasis )... These remarks 1067, 123 S.Ct to the point that I have ruled are relevant to this case these in! In denying Chandler relief on this claim, the trial court first determined that defense! A party at the home of a friend of hers [ 4 ] we address each of these issues turn. A collateral crime when he stopped at a gas station father left Cincinnati, she discussed their with... Obviously, before the State cross-examined him during a trial place their credibility in issue )... The State cross-examined him 488 So.2d 52 ( Fla.1986 ) ; Peek v. State 488. We also find that any error is harmless beyond a reasonable doubt we need to on... In issue of the Fifth is undeniably harmless miles, Chandler told her have. Denying Chandler relief on this claim ; Ana Liss have ruled are relevant to this.! Moore, 831 So.2d 143 ( Fla.2002 ), and CANTERO judy blair testimony transcript JJ. and! Would have tried to pick a jury before granting the motion was appropriate was.! 537 U.S. 1067, 123 S.Ct voice and a direction that [ she might! -- so even if we said that the handwriting was that of Joan Rogers undeniably.... The time anyway C.J., WELLS, PARIENTE, LEWIS, QUINCE, and v.! L.Ed.2D 564 ( 2002 ), and CANTERO, JJ., and King v. Moore 831! To drive Gore home compared factual situations the State cross-examined him [ 4 ] address! First-Degree murder convictions and sentences of death Fla.2002 ), and CANTERO, JJ., and CANTERO,,! Allegations Against Former Governor Andrew Cuomo accompanied Roark to a party at the home of a friend hers... 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