California 2005

Sentenced to death in Alameda County, California

By: A jury

Date of crime: 6/2000

Prosecution’s case/defense response: Alexander ran a sausage plant that had been in his family for 80 years and called himself the Sausage King. Alexander complained inspectors were harassing him after the plant was found to violate food-safety laws. When four inspectors went to the plant to deliver a violation, three of the inspectors went inside and the fourth waited outside. Alexander opened fire on the three inspectors inside of the plant and shot each of them. He then went outside and attempted to kill the fourth inspector, but he escaped. When Alexander returned to the factory, he found the three inspectors still alive so he shot them in their heads again. The prosecution had evidence Alexander talked about reacting violently to the inspectors before the murders occurred. There was also a video of the murders from the factory’s security camera. The defense admitted Alexander killed the inspectors but argued Alexander did not plan the murders; rather, he snapped out of anger. During the penalty phase of the trial, the prosecution argued Alexander had a violent history but the defense argued Alexander was pushed over the edge because he was afraid of losing the factory.

Prosecutor(s): Paul Hora, Jack Laettner Defense lawyer(s): Michael Ogul, Jason Clay

Sources: Contra Costa Times (Walnut Creek, CA) 9/9/2004, 10/14/2004, 10/15/2004, 10/26/2004, 12/2/2004, 12/15/2004

Sentenced to death in Los Angeles County, California

By: A jury

Date of crime: 2000

Prosecution’s case/defense response: A few months after Amerzcua and Joseph Flores (see below) were released from prison, they went on a crime spree. Amerzcua and Flores were members of a street gang and most of their crimes were to benefit the gang. They were convicted of murdering John Diaz, Arturo Madrigal, George Flores, and Luis Reys. They were also convicted of attempted murder, attempted murder of a peace officer, robbery, arson, weapons possession, and other charges. Amerzcua and Flores did not put up a defense in the penalty phase of the trial. Amerzcua did make a statement saying he would not apologize and did not have any remorse or regrets for what he had done.

Prosecutor(s): Darren Levine

Defense Lawyer(s): Zeke Perlo

Sources: Inland Valley Daily Bulletin (Ontario, CA) 4/21/2005 (LEXIS USPAPR file); Los Angeles Times 4/21/2005 (LEXIS USPAPR file).

Sentenced to death in San Diego County, California

By:  A jury

Date of Crime:  4/14/2003

Prosecution’s case/defense response:  Anderson and his cohorts planned to rob Stephen Brucker because they believed he had a safe in his house that contained a large amount of money.  Anderson and his cohorts knocked on the front door of Brucker’s house.  Anderson shot Brucker in the chest when Brucker answered the door.  One of Anderson’s cohorts testified against him at trial.  The defense contested guilt by arguing the prosecution’s witnesses were not reliable.  During the penalty phase, Anderson refused to present any mitigating evidence but instead testified and dared the jury to sentence him to death.  Anderson’s attorney asked the jury to show mercy, urged them to consider lingering doubt, and argued that the death penalty should be reserved for the worst of the worst and this was “a run-of-the-mill felony murder.”  Anderson was also convicted in two other burglaries.  In February of 2005, Anderson had been convicted of gross vehicular manslaughter for a deadly car crash that killed Tabatha Bailey.

Prosecutor(s):  Glenn McAllister

Defense lawyer(s):  Alfred Bradley, Liesbeth Vanden Bosch

Sources:  San Diego Union-Tribune 5/24/2005 (2005 WLNR 8321422), 6/22/2005 (2005 WLNR 9988593), 6/28/2005 (2005 WLNR 10286944), 7/8/2005 (2005 WLNR 10801974), 7/9/2005 (2005 WLNR 10835319).

Sentenced to death in Los Angles County, California

By: A jury

Date of crime: 9/27/2001 and 9/30/2001

Prosecution’s case/defense response: Christopher Florence was driving when Armstrong mistook him for a rival gang member and shot him. Three days after killing Christopher Florence, Armstrong arranged a meeting with Christopher Florence’s brothers under the pretense of giving them information about their brother’s murder. Three of Christopher Florence’s brothers and a friend went to meet Armstrong. Armstrong opened fire on their car and killed Torry Florence and Michael Florence. Brian Florence and Floyd Watson survived the attack and identified Armstrong as the shooter. The prosecution’s evidence included the gun used in the drive-by shooting and the sweatshirt Armstrong was wearing that had gun residue on it. The defense denied Armstrong killed Christopher Florence but admitted he shot Torry Florence and Michael Florence. Armstrong argued the drive-by shooting was in self-defense because the brothers had come looking for him to get revenge. The jury found special circumstances of multiple murders, murder during a drive-by shooting, and murder carried out to further the activities of a criminal street gang.

Prosecutor(s): Sean Hassett Defense lawyer(s): Franklin Peters Jr.

Sources: Monterey County Herald (CA) 2/25/2004; Daily Breeze (Los Angeles) 1/6/2005; Los Angeles Times 12/7/2004, 1/6/2005; City News Service 1/5/2005

Sentenced to death in Orange County, California

By:  A jury

Date of Crime:  7/15/2002

Prosecution’s case/defense response:  Avila kidnapped 5-year-old Samantha Runion while she was playing outside her home, sexually assaulted her, and suffocated her.  He left her beaten body in the mountains.  Avila was identified from a police sketch.  The prosecution’s evidence included bank and phone records showing Avila was in the area when the kidnapping occurred, Avila’s DNA under Runion’s fingernails, Runion’s DNA in Avila’s car, and shoe and tire prints near Runion’s body matching with Avila.  The prosecution also presented testimony from other girls who Avila had sexually assaulted.  The defense contested guilt by arguing the prosecution’s case was based on weak circumstantial evidence and that the prosecution’s timeline for the crime did not make sense.  During the penalty phase, the defense presented evidence of Avila’s brutal childhood which included physical and sexual abuse.

Prosecutor(s):  David Brent, Tony Rackauckas

Defense lawyer(s):  Denise Gragg, Philip Zalewski

Sources:  Daily Breeze (Torrance, CA) 4/29/2005 (2005 WLNR 6729074); Contra Costa Times (Walnut Creek, CA) 5/17/2005 (2005 WLNR 7770696); Los Angeles Times 5/17/2005 (2005 WLNR 7738370).

Sentenced to death in San Diego County, California

By:  A jury

Date of Crime:  6/19/1991

Prosecution’s case/defense response:  Bracamontes kidnapped 9-year-old Laura Arroyo from her family’s condominium.  He then molested, suffocated, and stabbed her with a pickaxe.  The stabbing was done with so much force it chipped the sidewalk underneath Arroyo’s body.  Arroyo’s body was found on a sidewalk the next day.  Five witnesses saw Bracamontes near the Arroyo condominium that night.  Fibers from Bracamontes sweater matched fibers found on Arroyos body.  In 2003, DNA found on Arroyo’s body was matched to Bracamontes.  The defense contested guilt by arguing Bracamontes would not have had time to kill Arroyo and that Bracamontes had nothing in his history that would suggest he was capable of murder.  The defense also argued that the DNA evidence could have been tampered with or planted during the time between the murder in 1991 and the match to Bracamontes in 2003.  During the penalty phase, Arroyo’s immediate family members testified about the impact her death had on them.  The prosecution introduced evidence of Bracamontes’ prior domestic abuse conviction.  The defense presented testimony from Bracamontes parents and family members.  Bracamontes was also convicted of assault on a police officer for driving his car toward an officer that was attempting to arrest him.

Prosecutor(s):  Garland Peed

Defense lawyer(s):  Terry Zimmerman, Megan Marcotte

Sources:  Union-Tribune 9/3/2005 (2005 WLNR 13959746), 9/14/2005 (2005 WLNR 14600341), 9/15/2005 (2005 WLNR 14671757), 9/16/2005 (2005 WLNR 14732414), 9/22/2005 (2005 WLNR 15060246), 9/24/2005 (2005 WLNR 15147359), 12/14/2005 (2005 WLNR 20299833); Contra Costa Times 12/15/2005 (2005 WLNR 20107204).

Sentenced to death in Ventura County, California

By: A jury

Date of crime: April 2001

Prosecution’s case/defense response: Dworak, a registered sex offender, raped and drowned 18-year-old Crystal Hamilton. Dworak was identified via a “cold case” DNA match more than two years after the murder.

Sources: L.A. Times 8/21/03 (2003 WL 15159366); AP Alert (7/1/05)—CA 21:07:40.

Sentenced to death in Los Angeles County, California

By: A jury

Date of crime: 2000

Prosecution’s case/defense response: See Oswaldo Amerzcua above.

Prosecutor(s): Darren Levine

Defense Lawyer(s): William Ringgold

Sources: Inland Valley Daily Bulletin (Ontario, CA) 4/21/2005 (LEXIS USPAPR file); Los Angeles Times 4/21/2005 (LEXIS USPAPR file).

Sentenced to death in Los Angeles County, California

By: A jury

Date of crime: 10/26/94

Prosecution’s case/defense response: Kenneth pled guilty to kidnapping and strangling Peter Kovach and Ted Gould to death.  Kenneth’s brother and Howard Bloomgarden led a drug ring, and they believed Kovach stole money from them.  They ordered Kenneth to kill Kovach.  Gould was merely an innocent bystander and pleaded for his life, and Friedman responded by strangling him with a telephone cord.  Kenneth was convicted in 1996 on federal racketeering charges.  After he exhausted all his federal appeals he was brought to California on the state murder charges.

Sources: Daily Breeze 11/11/01 (2001 WL9589895), 3/20/04 (2004 WL 17122798), 7/7/2005 (2005 WL 10654863)

Sentenced to death in Los Angeles County, California

By:  A jury

Date of Crime:  5/4/2002

Prosecution’s case/defense response:  Govin was found guilty of four counts of murder, robbery, burglary, and arson.  Govin, along with his brother and Carlos Amador, went to Gita Kumar’s house.  Govin and his cohorts strangled Kumar, Kumar’s 18-year-old son Plara Kumar, Kumar’s 16-year-old daughter Tulsi Kumar, and Kumar’s mother-in-law Sitaben Patel.  They then set Kumar’s home on fire.  The murders were over a business rivalry with Kumar.  Govin’s cohort, Amador, admitted to the murders and testified against Govin and Govin’s brother, who was also sentenced to death.

Prosecutor(s):  Eleanor Hunter

Defense lawyer(s):  Unknown

Sources:  Daily Breeze 5/27/2004 (2004 WLNR 17174397), 4/5/2005 (2005 WLNR 5277801).

Sentenced to death in Contra Costa County, California

By: A jury

Date of crime: 7/30/2000 – 8/3/2000

Prosecution’s case/defense response: Glenn Helzer and his cohorts, Justin Helzer and Dawn Goodman, killed five people in an extortion and murder scheme. Helzer and his cohorts kidnapped Ivan and Annette Stineman, forced the Stinemans to write $100,000 in checks, and then killed and dismembered their bodies. Next, Glenn Helzer and his cohorts killed, dismembered, and dumped Selina Bishop’s body because they were afraid she could testify about their plan. Helzer then shot and killed Bishop’s mother, Jennifer Villarin, because they were afraid she knew too much. They also killed Villarin’s friend, James Gamble, because he was present in the apartment when they went to kill Villarin. Glenn Helzer pled guilty to the five murders. During the penalty phase the defense argued Glenn Helzer was mentally ill and under the influence of drugs when he killed his five victims.

Prosecutor(s): Harold Jewett Defense lawyer(s): Susan Chapot

Sources: Contra Costa Times (Walnut Creek, CA) 12/16/2004, 12/18/2004; Monterey County Herald 12/18/2004.

Sentenced to death in Contra Costa County, California

By: A jury

Date of crime: 7/30/2000 – 8/3/2000

Prosecution’s case/defense response: Justin Helzer and his cohorts, Glenn Helzer and Dawn Goodman, killed five people in an extortion and murder scheme. Helzer and his cohorts kidnapped Ivan and Annette Stineman, forced the Stinemans to write $100,000 in checks, killed them, dismembered their bodies and dumped the body parts in the river. Helzer and his cohorts then killed and dismembered Glenn Helzer’s girlfriend, Selina Bishop, because they were afraid she would be able to testify about their plan if they were caught. They also shot and killed Bishop’s mother, Jennifer Villarin because they were afraid she knew too much. They also killed Villarin’s friend, James Gamble, because he was present in the apartment when they went to kill Villarin. Justin Helzer pled not guilty by reason of insanity but was found guilty by a jury. During the penalty phase the defense argued Justin Helzer was mentally ill and thought his brother was a prophet of God.

Prosecutor(s): Harold Jewett Defense lawyer(s): Dan Cook

Sources: San Jose Mercury News 8/3/2004; Oakland Tribune 8/4/2004; Contra Costa Times (Walnut Creek, CA) 8/4/2004

Sentenced to death in Alameda County, California

By: A jury

Date of Crime: 1/1999

Prosecution’s case/defense response: Hughes went on a two week shooting spree during which he killed Terry Love and Robert Fisher and wounded seven others. Hughes did not know any of the victims except for Love who was an acquaintance. The jury deadlocked during the penalty phase of Hughes’ first trial and a new jury was selected for a second penalty phase. Hughes had previously been convicted of manslaughter and served three years of an eight year term.

Prosecutor(s): Jon Goodfellow

Defense lawyer(s): Lorna Brown, Thomas Broome

Sources: San Francisco Chronicle 3/17/2005, 6/11/2005 (LEXIS USPAPR file).

Sentenced to death in Riverside County, California

By: A jury

Date of crime: 5/01

Prosecution’s case/defense response: Jackson killed 81-year-old, Geraldine Myers; the victim’s body was never found.  A witness testified that Jackson admitted that he killed a woman and dumped her body along a freeway.  Jackson was linked to the crime by scent evidence from an envelope that was left at the scene.  The defense argued the canine scent evidence was unreliable.  Jackson was previously tried, but that trial resulted in a mistrial because the jury could not agree on what punishment to impose.  Jackson was tried after he was arrested for sexually assaulting and attempting to murder another elderly woman.  In mitigation, Jackson was from an abusive home.

Sources: The Press-Enterprise 10/26/04 (2004 WL 91978707), 11/30/04 (2004 WL 91982007), 12/10/04 (2004 WL 91983042), 12/16/04 (2004 WL 91983623), 12/17/04 (2004 WL 91983787), 1/15/05 (2005 WL 62537951)

Sentenced to death in Orange County, California

By: A jury

Date of crime: 11/12/97

Prosecution’s case/defense response: Mataele and the victim, Danell Johnson, were involved in a group that was committing identity theft and drug dealing.  Mataele was also convicted of attempted murder of Johnson’s roommate.  The defense argued that the judge should have allowed a witness that would have testified that the shooter was a slender man, not over 300 pounds like Mataele.  The death sentence was sought because Mataele lured the victim to kill him.  An aggravating factor was that Mataele had previously robbed a stranger at gun point.

Sources: City News Service 8/4/05, 9/12/05, 10/7/05; Los Angeles Times 10/8/05 (LEXIS, USPAPR file)

Sentenced to death in Tehama County, California

By: A jury

Date of crime: 11/19/2002

Prosecution’s case/defense response: Mickel ambushed Officer David Mobilio at a police refueling station and shot him four times. Mickel did not know Mobilio but wanted to kill a police officer for political reasons, to demonstrate how the government is taking away citizens’ civil liberties. During the trial Mickel acted as his own attorney, admitted killing Mobilio, and detailed how he scouted a place to kill an officer and then ambushed Mobilio.

Prosecutor(s): Gregg Kohen, Lynn Strom

Defense lawyer(s): Defendant represented himself.

Sources: Sacramento Bee 4/6/2005 (2005 WLNR 5926427), 4/9/2005 (2005 WLNR 5588088), 4/28/2005 (2005 WLNR 6681661).

Sentenced to death in San Mateo County, California

By: A jury

Date of crime: 12/24/2002

Prosecution’s case/defense response: Peterson killed his wife, who was eight-and-a-half months pregnant and disposed of her body in San Francisco Bay. Peterson then reported his wife missing and began a massive search for her. After the remains of Laci and Connor Peterson washed ashore, Peterson was charged and convicted of killing Laci and Connor Peterson. The defense contested guilt on the basis that the case was based upon circumstantial evidence.

Prosecutor(s): Rick Distaso, David Harris Defense lawyer(s): Mark Geragos, Pat Harris

Sources: Los Angeles Times 4/19/2003, 2/3/2004, 6/2/2004, 11/4/2004, 12/1/2004, 12/2/2004, 12/4/2004, 12/10/2004, 12/14/2004, 3/17/2005; Modesto Bee 4/18/2005

Sentenced to death in Los Angeles County, California

By:  A jury

Date of Crime:  11/12/2000

Prosecution’s case/defense response:  Powell was convicted of sexually assaulting and murdering Tammy Epperson.

Prosecutor(s):  Vivian Moreno

Defense lawyer(s):  Unknown

Sources:  Indictment of Troy Lincoln Powell.

Sentenced to death in Fresno County, California

By:  A jury

Date of Crime:  3/12/2004

Prosecution’s case/defense response:  Wesson ran a cult-like family organization which included home schooling, extreme religious teachings that promoted suicide, polygamy, and incest and rape of his daughters and nieces.  Wesson would begin to sexually abuse his daughters and nieces when they were eight years old, marry them, and father children with them.  When police were called to his house, Wesson emerged with blood on his clothes and nine of his children were dead in a pile on the bed.  Wesson had directed his adult daughter to kill eight of her siblings and then commit suicide.  The defense contested guilt by arguing that Wesson did not physically pull the trigger that killed his nine children.  The prosecution argued it did not matter who pulled the trigger because Wesson directed the murders and controlled all of the women in the house.  Wesson was found guilty of nine counts of murder, nine counts of rape, and five counts of continuous sexual abuse.  During the penalty phase, the defense argued Wesson should not be put to death because he had an obvious mental illness and did not actually fire the gun.

Prosecutor(s):  Lisa Gamoian, Elizabeth Egan

Defense lawyer(s):  Peter Jones, Ralph Torres

Sources:  Marin Independent Journal 3/14/2004 (LEXIS USPAPR file); Los Angeles Times 6/4/2005, 6/18/2005, 6/30/2005 (LEXIS USPAPR file).

Sentenced to death in San Diego County, California

By: A jury

Date of crime: 4/1986

Prosecution’s case/defense response: Williams kidnapped 14-year-old Rickieann Blake from her home. He then raped and murdered her, and dumped her body off an exit ramp. In 2003, prosecutors matched DNA from the crime scene to Williams. In the penalty phase, the prosecution presented testimony from multiple victims who were violently raped or molested by Williams over the past 40 years. The defense presented evidence of Williams’s brutal childhood, his alcoholism, and a car accident in 1981 that could have resulted in a brain injury.

Prosecutor(s): Jeff Dusek Defense lawyer(s): Steven Wadler, Jeff Reichert

Sources: San Diego Union-Tribune 10/5/2004, 10/15/2004, 10/19/2004, 10/29/2004, 2/25/2005