California 2006

Sentenced to death in San Bernardino County, California

By: A jury

Date of crime: October 2000

Prosecution’s case/defense response: Abbott murdered bank security guard Samuel Saenz as Saenz was wheeling a sack of money through the bank lobby.  Abbott fired two nonfatal shots that knocked Saenz down, then walked over and fired a fatal shot to the head. He escaped with $225,000 that has never been recovered. A make-up artist testified at trial that he was paid by Abbott to disguise him as an elderly white man. The getaway driver, Edward White, was convicted of murder and sentenced to life in prison. Accomplices Lenard Wilkes, Frewoini Berhane, and Brenda Maza took a plea deal and testified against Abbott. Defense claimed that White was the actual killer because Abbott transferred the disguise makeup to him after being trained by the artist on how to do it. At sentencing, defense argued he suffered from mental disorders

Prosecutor(s): Michael Dowd    Defense lawyer(s): Michael Belter, Thomas Kielty

Sources: San Gabriel Valley Tribune 9/14/05; Inland Valley Daily Bulletin 9/14/05, 9/15/05, 11/1/05; Associated Press 9/16/05, 2/17/06

Sentenced to death in Sacramento County, California

By: A jury

Date of crime: April 1979

Prosecution’s case/defense response: Through DNA evidence, Aguayo was convicted of killing Eva Chu, who was seven months pregnant at the time of her death. Aguayo was serving a 60 year sentence for kidnapping, rape and robbery of his ex-girlfriend when the district attorney’s office reviewed old cases, and discovered the match.  The defense argued there was a possibility of human or machine error, and to not rely on DNA evidence. Defense also had witnesses who described a man that looked nothing like Aguayo drive away in Chu’s car.

Prosecutor(s): Ernest Sawtelle   Defense lawyer(s): Robert Blasier, Hayes Gable, Stacy Bogh

Sources: The Sacramento Bee 5/2/03 (2006 WLNR 15927459), 10/3/06 (2006 WLNR 17165862), 10/27/06 (2006 WLNR 22909925), 11/10/06 (2006 WLNR 19585406), 12/22/06 (2006 WLNR 22401785)

Sentenced to death in North County, California

By:  A jury

Date of crime: June 2003

Prosecution’s case/defense response: Camacho killed rookie police office Tony Zeppetella during a routine traffic stop. Camacho had a loaded gun and drugs in the car and feared he would be deported for the third time if discovered. Zeppetella was wearing a bullet-proof vest, but Camacho shot him 13 times, including one shot with the officer’s own gun. Afterwards, Camacho fled in the officer’s car and ran to the home of his mother-in-law, where he slit his wrists. Defense tried to show that the suicide attempt was Camacho showing how remorseful he was, thus his life should be spared. Defense also said Camacho was mentally ill from years of heroin use and was not aware of his actions.

Prosecutor(s): David Rubin    Defense lawyer(s): Kathleen Cannon, William Stone

Sources: San Diego Union-Tribune 11/30/05, 12/1/05, 2/4/06, 2/8/06; Monterey County Herald 2/8/06

Sentenced to death in San Bernardino County, California

By: A judge, after a recommendation of death by a jury

Date of crime: Nov. 10, 1998

Prosecution’s case/defense response:  Nathanial and Consuelo Young were murdered while Capers robbed their convenience store.  Nathaniel was shot numerous times in the head, and Consuelo was raped and beaten to death.  Capers then set their bodies on fire.  .  Capers was serving 23 years in jail for gang crimes at the time of the arrest for the murders.  Prosecution presented testimony that Capers had brought a handmade knife to the trial in order to stab a witness.  Letters written by Capers to the district attorney were read, in which Capers asked for the death penalty.  No mitigating evidence was presented.  The jury deliberated for less than one hour before recommending death.

Prosecutor(s): Steve Sinfield   Defense lawyer(s): Samuel Saltalamacchia

Sources: Daily Press 5/18/06, 6/17/06, 6/30/06, 9/23/06

Sentenced to death in San Bernadino County, California

By: A jury

Date of Crime:  1/10/92

Prosecution’s case/defense response: Dunlap kidnapped 9-year-old Sandra Astorga on her way to school.  He raped her and held her several days.  The case was solved in 1999 due to a match with DNA he provided before a planned parole for another sexual assault.

Prosecutor(s):  Cheryl Kersey Defense Lawyer(s):  Teresa Snodgrass

Sources:  AP Alert – California 10/26/05; Los Angeles Times 10/26/05 (2005 WLNR 23332617); Monterey County Herald 4/16/06 (2006 WLNR 6377478).

Sentenced to death in Contra Costa County, California

By: A jury

Date of crime: May 13, 2003

Prosecution’s case/defense response:  Frazier was convicted for the rape and murder of Kathleen Aiello-Loreck.  He waited on a walking path for his victim to appear, then bludgeoned her to death with a fence post.  DNA evidence tied Frazier to the crime.  Defense attorneys said Frazier did attack Aiello-Loreck, he did not plan the crime.  Defense also argued mental illness during penalty phase.  Frazier tried to fire his attorneys throughout the trial, but the judge would not allow it.

Prosecutor(s): John Cope    Defense lawyer(s): Eric Quandt, Wendy Downing

Sources: San Francisco Chronicle 12/12/06 (2006 WLNR 21870262); Alameda Times-Star 12/16/06 (2006 WLNR 21951656; Contra Costa Times 12/16/06 (2006 WLNR 21884784)

Sentenced to death in San Joaquin County, California

By:  A jury

Date of crime: October 2003

Prosecution’s case/defense response:  Alfonso Martinez and Debra Pizano were on a first date and walking in a park when they were robbed and shot by Hin and Rattanak Kak. Pizano survived a graze wound to her head. Kak received life in prison without chance for parole, since he was only 16 at the time of the murder. Hin was also convicted for two other gang shootings during a two-month period surrounding this crime. The defense claimed that Hin was present for robbery, but denied committing the murder.  The defense also focused on the fact that Pizano initially told police that she and Martinez were robbed by two black men.

Prosecutor(s): Ron Freitas     Defense lawyer(s): Tony Agbayani

Sources: The Record 9/28/05, 12/25/05, 1/10/06, 3/21/06

Sentenced to death in Riverside County, California

By: A jury

Date of Crime:  5/03

Prosecution’s case/defense response: Leon dated Veronica Haft before she left to study in England.  In retaliation for Veronica’s going to England, Leon invaded the home of Veronica’s grandmother, Hope Ragland, and stabbed her to death.  Then when Veronica’s 13-year-old brother Austin Perez walked in while Leon was putting Ragland’s body in the closet, Leon stabbed Perez to death, too.  Additionally, Leon hit Veronica’s grandfather Marion Ragland in the head, with a hatchet, but Marion survived.

Prosecutor(s):  Defense Lawyer(s):

Sources:  AP Alert – California 5/13/06; Monterey County Herald 5/14/06 (2006 WLNR 8268362).

Sentenced to death in Stanislaus County, California

By: A jury

Date of Crime:  12/12/01

Prosecution’s case/defense response: Mendoza “dressed for war” in a helmet and bulletproof vest while carrying two handguns, a rifle, and extra ammunition.  He invaded the home of his estranged wife’s mother and fired 72 rounds, killing his mother-in-law Alicia Martinez, his wife’s cousin Carlos Lopez, and a man his wife had been dating, Carmino Chavez.  The defense claimed Mendoza was mentally ill, and had a terrible childhood.

Prosecutor(s):  Douglas Raynaud, Annette Rees Defense Lawyer(s):  Greg Spiering, Kent Faulkner

Sources:  The Modesto Bee 12/7/05 (2005 WLNR 19706848), 12/16/05 (2005 WLNR 20359701), 12/17/05 (2005 WLNR 20423709), 4/26/06 (2006 WLNR 7064287).

Sentenced to death in San Bernardino, California

By: A jury

Date of crime: August 5, 2005

Prosecution’s case/defense response: Mitchell, a gang member, was convicted of murdering three men and injuring three others. Mitchell killed two victims at a car dealership, then went to an apartment complex to kill the third victim.  Defense did not argue Mitchell committed the shootings at the dealership, but did present rebuttal witnesses for the apartment complex shootings.  During sentencing defense argued Mitchell had a troubled background and PCP in his system that prevented him from knowing right and wrong.  Defense counsel also claimed the all white jury would be conducting “whitey’s justice” if they presented a death sentence.

Prosecutor(s): Cheryl Kersesy Defense lawyer(s): Alan Spears

Sources: Associated Press 8/23/05 (Westlaw), 10/5/06 (WestLaw); Los Angeles Times 8/10/05 (2005 WLNR 23352673); Inland News 7/16/06; San Bernardino County News 8/22/06; San Bernardino Sun 9/1/06

Sentenced to death in Santa Barbara County, California

By:  A jury

Date of crime: October 2004

Prosecution’s case/defense response:  Miracle killed opposing gang member Elias Silva by stabbing him 48 times. He pled guilty to murder and to the enhancements that made him eligible for the death penalty.  He represented himself and refused to present any mitigating circumstances or give a closing argument.  He commented that he did not give his victim the chance to present any mitigating evidence, so he did not feel he should be given the right. Prosecution showed jury a videotape of Miracle fighting with correction officers and presented evidence in which Miracle states he will continue fighting officers until he kills them all or they kill him.

Prosecutor(s): Josh Lyon     Defense lawyer(s): Miracle represented himself, Joseph Allen served as advisory counsel

Sources: Associated Press 8/3/05, 1/25/06; Santa Barbara Independent 12/15/05, 12/22/05

Sentenced to death in Riverside County, California

By: A judge, after a recommendation of death by a jury

Date of crime:  April 2001

Prosecution’s case/defense response:   Along with Michael Thornton, Snyder was convicted of kidnapping, torturing, sexually abusing and killing 16-year-old Michelle Curran.  Two other teenage girls testified at the trial of how Thornton and Snyder kidnapped them and raped them.  Snyder also confessed to killing a 14-year-old girl who had been missing for over five years. Snyder was a friend of Thornton’s daughter and moved in with him after having problems with her own family.  Snyder argued she was dominated by Thornton and feared for her life if she did not follow his plans.  Defense also presented evidence that Thorton had a sexual relationship with Snyder since age 13 and had a history of child abuse.

Prosecutor(s): Michael Rushton   Defense lawyer(s): Michel Belter

Sources: Inland News 6/15/06; The Press Enterprise 7/8/01; The Review Journal 11/5/01; The Daily Breeze 7/14/06; The Associated Press 9/8/06

Sentenced to death in Riverside County, California

By: A judge, after a recommendation of death by a jury

Date of crime: April 2001

Prosecution’s case/defense response:  Along with Michael Thornton, Snyder was convicted of kidnapping, torturing, sexually abusing and killing 16-year-old Michelle Curran.  Two other teenage girls testified at the trial of how Snyder lured them to a hotel and Thornton raped them.  Snyder also confessed to killing a 14-year-old girl who had been missing for over five years. Snyder was a friend of Thornton’s daughter and moved in with him after having problems with her own family.  Thornton’s former wife testified to overhearing him discuss how he had killed a young girl and dismembered her body before throwing it in the ocean.

Prosecutor(s): Michael Rushton      Defense lawyer(s): Carl Johnson

Sources:  Inland News 6/15/06; The Press Enterprise 7/8/01; The Review Journal 11/5/01; The Daily Breeze 7/14/06; The Associated Press 9/8/06

Sentenced to death in Tulare County, California

By: A jury

Date of Crime:  1995

Prosecution’s case/defense response: The brothers killed five patrons and wounded the owner of the “Pato’s Place” bar during a robbery.  They claimed innocence, and presented evidence of their good characters.

Prosecutor(s):  Defense Lawyer(s):  Michael Idiart, Richard Beshwate, Galatea DeLapp

Sources:  Tulare Advance-Register 1/20/06 (LEXIS USPAPR file); The Fresno Bee 4/20/06 (LEXIS USPAPR file), 4/26/06 (LEXIS USPAPR file).