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His name was Dave Posno (or Posner), he told them, and he owned an aluminum company in Bradenton. 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. 158, 100 L.Ed. Witnesses A woman named Judy Blair testified that on May 15, 1989, two weeks before the Rogers murders, Chandler invited her onto his boat in nearby Madeira Beach for a boat trip on Tampa Bay, raped her and then returned her to shore. On direct appeal, Chandler did not challenge any members of the Orange County jury as being unfair or unable to be impartial. See Rolling v. State, 695 So.2d 278 (Fla.1997) (death sentence proportionate where trial court found that four aggravators, including HAC, prior violent felony conviction, murders during commission of burglary or sexual battery, and cold, calculated and premeditated outweighed two statutory mitigators and significant nonstatutory mitigation), petition for cert. Thereafter, when the time came, defense counsel did not allude to the Blair rape during his direct examination of Chandler. Chandler: I went to the motel, checked in, give her a call. (Emphasis added.) He testified at trial that after viewing television reports about the recovery of the victims' bodies from Tampa Bay, Chandler said that he had met the three women and given them directions to a boat ramp on the Courtney Campbell Causeway. 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. Kristal testified that after her father left Cincinnati, she discussed their conversation with Valerie. 848 So. 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). The material issue to be resolved by the similar facts evidence in the present case is identity, which the State sought to prove by showing Drake's mode of operating. 8. She never went to no bathroom. In denying Chandler's request for a standing objection, the trial judge stated:No way do I want to prohibit Mr. Chandler from testifying before this jury. Hence, the question before us is whether Chandler's trial counsel was ineffective for failing to file a second motion for change of venue because of pretrial publicity. [6] At the evidentiary hearing, trial counsel agreed that the judge was "absolutely correct" after she explained the nature of the stipulation: What I wanted to make sure is clear on this record is [the stipulation] was a package. There must be identifiable points of similarity which pervade the compared factual situations. Id. On September 29, 1994, Chandler was found guilty of all three counts of firstdegree murder. denied, 537 U.S. 1067, 123 S.Ct. See, e.g., Harvey v. Dugger, 656 So.2d 1253, 1256 (Fla.1995) (holding that claims that could have been brought in direct appeal were procedurally barred from being brought in postconviction proceedings); Swafford v. Dugger, 569 So.2d 1264, 1267 (Fla.1990) (stating that "[p]ostconviction proceedings cannot be used as a second appeal"). at 371. The trial court's analysis conforms with the requirements we established in Campbell and Ferrell. The following morning, May 15, 1989, Mottram decided not to go out on Chandler's boat, so Blair met Chandler alone. Gore then entered Roark's car, a black Mustang, and they drove away. [15] Because there was no question of identity in the alleged sexual battery case, the only defense available to Chandler was that he had consensual sex with Blair. Id. Childhood Trauma as Nonstatutory Mitigation. map skills worksheets 6th grade; norwood hospital flooding pictures; maggie and jiggs figurines; kevin chapman lollujo Rather, trial counsel conceded that the State could prove the crime associated with the Williams Rule evidence, drawing distinctions between the alleged sexual battery and the murders, in an attempt to show that even if the State could prove the alleged sexual battery, the evidence on the murders was weak. KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur. at 659-60. Revathi Constructions is a Leading Construction Company in Trichy. Fingerprints found blair back and judy blair testimony oba chandler. Trial counsel also stated, "in general I don't like to jump up all the time anyway. 5. Chandler: Yes, he has, and I have made a decision, your Honor, to call no one. He also responded that he had discussed those favorable things with Chandler. Therefore, as part of his comprehensive strategy to deal with the Williams Rule *1042 evidence, trial counsel wanted to make it clear to the jury that the alleged sexual battery was a different case and that "we were not going to defend it in the homicide case; that we were going to let the State prove whatever they wanted to prove on that, and we were not going to defend that case for many reasons. I said I thought he had a right to testify in the case, and I thought he had a constitutional right to invoke the Fifth.He does want to testify or doesn't?Defense counsel: One second, please. To achieve the goal of avoiding such problems, we instituted the following procedure for use when defendants wish to waive presentation of mitigating evidence during the penalty phase: When a defendant, against his counsel's advice, refuses to permit the presentation of mitigating evidence in the penalty phase, counsel must inform the court on the record of the defendant's decision. Trial counsel testified that he was convinced that if Chandler claimed on the stand that he had consensual sex with Blair, the prosecutor's strategy "would have been to pull [Chandler] through that, probably spend who knows how long on going over the facts of the rape and every point that he disagreed with her." 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. ANSTEAD, C.J., WELLS, PARIENTE, LEWIS, QUINCE, and CANTERO, JJ., and SHAW, Senior Justice, concur. 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. Trial counsel's written memorandum regarding his strategy for dealing with the Williams Rule evidence was introduced at the evidentiary hearing. Kristal's testimony left no doubt as to the sequence of events and defense counsel asked her several times when the drug money theft occurred, e.g., [t]his incident occurred in October of 1990, right?, to which Kristal responded yes.. For that reason, Chandler asks us to vacate his death sentences. Gore argues that this case is comparable to Drake v. State, 400 So.2d 1217 (Fla.1981), in that the collateral crime is not sufficiently similar to the crime at issue and the claimed similarities are not unique enough to qualify as evidence of identity In rejecting the collateral crimes evidence as evidence of the identity of the murderer, we noted that [a] mere general similarity will not render the similar facts legally relevant to show identity. Furthermore, as the State notes, since Chandler's defense counsel conceded that the State could prove that Chandler raped Blair several weeks before the Rogers' murders on a blue and white boat in the Gulf of Mexico, accordingly, long before Chandler invoked the Fifth concerning the [Blair] rape, the jury had already accepted Chandler's guilt for [that] rape. 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. Chandler, by way of comparison, was given an initial selection between Pinellas or Hillsborough counties based on the indictment, and was given the additional option of stipulating to have his jury selected from Orange County. 2348, 147 L.Ed.2d 435 (2000). That puts Mr. Chandler in a tough dilemma. See Rolling, 695 So.2d at 285. 494 So.2d at 204. [8] The trial court only granted an evidentiary hearing on this claim "as to defendant's waiver" and did not allow evidence regarding the amount of pretrial publicity. The significant common features of the two crimes include the following: The victim was a small female with dark hair; Gore introduced himself as Tony; he had no automobile of his own; he was with the victim for a lengthy amount of time before the attack began; he used or threatened to use binding; the attack had both a sexual and pecuniary motive; the victim suffered trauma to the neck area; Gore transported the victim to the site of the attack in the victim's car; the victim was attacked at a trash pile on a dirt road, where the body was then left; Gore stole the victim's car and jewelry; he pawned the jewelry shortly after the theft; he fled in the victim's automobile, leaving the state where the victim was apprehended and staying with a friend or relative for a period of time after the crime; and he represented the car to be a gift or loan from a girlfriend or relative. In the statements cited, the prosecutor used words and phrases such as "desperation, distortion, and half-truths," "charade," and "totally irrational" to characterize defense counsel's arguments as misleading. 2296, 152 L.Ed.2d 1054 (2002). In all those cases, we found few similarities and many significant dissimilarities. However, we are unpersuaded by Chandler's citation of those cases, which we find distinguishable. He invited them for a boat ride the next morning. We find that Chandler is likewise not entitled to relief. 230, 136 L.Ed.2d 161 (1996). 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. This Court has stated that in determining the prejudicial impact of intense publicity the size of the community is a factor to be considered. Oba CHANDLER, Appellant, v. STATE of Florida, Appellee. Subsequently, Chandler began making advances to Blair after the boat entered the Gulf of Mexico. 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. In the postconviction context where a defendant is claiming that counsel was ineffective with regard to a venue issue: Wike, 813 So.2d at 18. 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. The jury recommended a death sentence for each of the murders by a vote of twelve to zero later that same day. This is the process required by Campbell and Ferrell. The trial judge pointed this out to defense counsel when he renewed his request for a standing objection. For the reasons stated above, we affirm the trial court's denial of postconviction relief. It's going to be Judy Blair.". [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. Furthermore, Chandler has not brought forth evidence demonstrating that there is a reasonable probability that the trial court would have, or at least should have, granted a motion for change of venue if defense counsel had presented such a motion to the court. Transcripts and Exhibits from Independent Investigation into Sexual Harassment Allegations Against Former Governor Andrew Cuomo . One week later, housekeepers notified the general manager that the Rogers' room had not been inhabited for several days. See Chandler v. State, 442 So.2d 171, 173 (Fla.1983). 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. Chandler allegedly said that the only reason that woman was still around is because somebody was waiting for her at the boat dock. at 189. 10. See Chandler v. State, 702 So.2d 186, 189-191 (Fla.1997). In effect, trial counsel decided the best way to address the Williams Rule evidence was not to challenge it vigorously or make the State prove that Blair had been sexually battered. [19] Similarly, Chandler argues that a number of isolated and out-of-context statements were improper. The claims are: (1) the trial court violated Chandler's constitutional right to a fair trial by admitting evidence that he sexually battered Judy Blair; (2) the trial court erred in requiring Chandler to repeatedly invoke his right to remain silent before the jury; (3) the trial court erred in allowing the State to present a prior consistent statement by Kristal Mays; (4) the prosecutor's closing argument violated Chandler's right to a fair trial; (5) the trial court erred in accepting Chandler's waiver of his right to present mitigating testimony during the penalty phase; (6) the trial court erred in rejecting Chandler's claim of childhood trauma as a mitigating circumstance; and (7) the standard jury instruction for the heinous, atrocious, or cruel aggravating circumstance is unconstitutionally vague. [16] Chandler organizes the numerous allegedly improper comments into four broad categories: (1) improper comments on Chandler's exercise of his Fifth Amendment privilege regarding the alleged sexual battery; (2) improper attacks on defense counsel and his theory of the case; (3) improper statements of the prosecutor's personal opinions and beliefs; and (4) improper personal attacks on Chandler. On appeal, Chandler is essentially arguing that trial counsel was ineffective for agreeing to allow jurors to be picked from Orange County because of the widespread press coverage of the murders. Thus we reject Chandler's contention that since defense counsel did not go into greater detail about what that favorable evidence would be, we should vacate his sentences and thereby ignore the fact that the core requirement of Koon-knowing, intelligent, and voluntary waiver in open court-was clearly met in this case. 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). After the hearing, the trial court entered an order explaining the stipulation and stating that the parties and Chandler had agreed to the stipulation. If child abuse or deprived childhood existed in Defendant's case, he voluntarily elected not to present any evidence of it. (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). Despite Blair's refusals and attempts to resist him, Chandler raped her. Mays had testified to these issues during the State's case-in-chief. No statutory mitigators were presented or proved. Chandler visited his daughter, Kristal Mays, and her husband Rick in Cincinnati in November 1989. Certainly [it] cannot come as a surprise to you or your client.This is exactly what I said last night. Samuel McMullin, a fingerprint expert for the Hillsborough County Sheriff's Department, found Chandler's palm print on the brochure. Recognizing that Chandler was going to testify and wanted to testify, trial counsel said that it was critical that Chandler's credibility be preserved, but he testified that in his opinion, pitting Chandler's credibility against Blair's would have been "suicidal to his chances of winning the murder case." I have never-its's ludicrous. [16] He asserts that trial counsel's failure to object to these comments constituted prejudicial error. When asked why, Chandler told Cooper that he had a date with three women. Christe's hands and ankles were similarly tied, and she had duct tape on her face or head and a rope around her neck.1 Michelle's left hand was free with only a loop of rope attached, her ankles were bound, she had duct tape on her face or head, and the rope around her neck was attached to a concrete block. 83 (1955)). 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. 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. This Court has never required the collateral crime to be absolutely identical to the crime charged. [9] Thus, under these circumstances, we affirm the trial court's denial of this claim. [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. Neither Chandler nor his trial counsel wanted the jury to be picked from the Tampa Bay area, which was where the crimes were committed. 19. Toggle navigation. However, even that dissimilarity may be attributed to differences in the opportunities with which [Chandler] was presented, rather than differences in modus operandi. Id. This claim is without merit. Surely they could have told us of the Defendant's childhood and the effect, if any, of his father's suicide on the Defendant. judy blair testimony transcript. Robert Carlton testified that he bought a blue and white boat from Chandler in July or August 1989. As the parties note, we established the rule regarding admission of collateral crime evidence in Williams v. State, 110 So.2d 654 (Fla.1959), and enunciated the following standard for admitting such evidence: Our view of the proper rule simply is that relevant evidence will not be excluded merely because it relates to similar facts which point to the commission of a separate crime. They stopped up, started talking with Rick about building money up. Toggle navigation. In Drake v. State, 400 So.2d 1217 (Fla.1981), we set forth the principles of how this evidentiary provision should be applied. Therefore, we also find that any error is harmless beyond a reasonable doubt. We find that the Corolis crime does have the required pervasive similarities. We noted that on direct examination, the defendant's testimony covered six general subjects, including his denial that he murdered the victim. judy blair testimony transcript. 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. The police subsequently found the Rogers' car parked at a boat ramp on the Courtney Campbell Causeway. The test of inadmissibility is a lack of relevancy. (1993). The email address cannot be subscribed. The improper admission of prior consistent statements is also subject to harmless error analysis. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. Prior to hearing the motion, the trial court contacted defense counsel and the State to determine if the parties could reach an agreement to conduct the trial in Pinellas County. Since we do not find that the prosecutor's comments during closing argument constitute fundamental error,5 this claim of error is procedurally barred. Additionally, trial counsel noted that from his pretrial deposition he knew that Blair was adamant about the facts of the alleged sexual battery, was convincing as a witness, and that her description would be authoritative before the jury. (Supp.1994). 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. See, e.g., Rolling, 695 So.2d at 287 (stating that jury selection "spanned a three-week period"). 14. Per Curiam. Chandler told Stephenson that one of the girls was very attractive. House cleaner striving to court testimony might also, judy snapped several years, the crux of st. Hayes, 660 So.2d at 261 (second emphasis added) (citations omitted). Id. by | May 28, 2022 | brandon merrill husband | May 28, 2022 | brandon merrill husband Miss Holliday: Judy Holliday, 158 Waverly Place . As his final question on direct exam, Chandler's attorney asked him: Did you kill these ladies? Chandler responded that I have never killed no one in my whole life. There must be identifiable points of similarity which pervade the compared factual situations. At that point, the trial judge commented as follows: Court: Okay. Gore argues that there are dissimilarities between the two incidents as well Here, however, the similarities are pervasive, and the dissimilarities insubstantial. During cross-examination, Chandler admitted within the context of his version of events that he did not stop having sex with Blair after she demanded that he stop because "he wanted to complete the act" and in his opinion he "was entitled to finish." High profile nor did judy blair and court erred . 657, 154 L.Ed.2d 556 (2002), and denied relief. At the evidentiary hearing, trial counsel testified at length about his perception of Blair's credibility and appearance. "This isn't a negotiation," she tells the network's execs. We also find any potential error harmless. Each body was nude from the waist down. (footnotes omitted). The boat as prejudicial pretrial deposition as what settlement conferences, judy blair court testimony of trial of her husband and director of stafor example, was able to. He testified that he had a very brief conversation with Michelle, giving her directions to the Days Inn on Highway 60. 5 (1 rating) Leave a review. Similarly, because we have previously held that the prosecutor's comments in this case did not constitute fundamental error, even though some of the prosecutor's comments in this case were ill-advised, they were not so prejudicial as to vitiate the entire trial. To establish prejudice, "[t]he defendant must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. 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. She was upset and told Rick to call the police and report that Chandler put a gun on him.. Find Dr. Blair's address and more. The jury reconvened for the penalty phase the next day. The Blair incident was relevant and necessary to answer that question. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. Testimony submitted for Hearing on Proposed Amendments to the Federal Rules of Evidence (pdf) Virtual - January 27, 2023 2021-2022 Comment Period Witnesses, Transcripts and Testimony Transcript of Evidence Rules Public Hearing (pdf) Virtual - January 21, 2022 List of Witnesses for Evidence Rules Public Hearing (pdf) Virtual - January 21, 2022 SC01-1468, Judges: 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. Chandler, 702 So.2d at 191. Waiver of Right to Present Mitigating Testimony. 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. Arens began the questioning as such: Mr. Arens: Kindly identify yourself by name and residence. 86, 139 L.Ed.2d 43 (1997). See Strickland, 466 U.S. at 694, 104 S.Ct. Trial counsel's fears about Chandler's version of events were supported by Chandler's *1043 testimony at the evidentiary hearing. 90.612(2), Fla. Stat. As his last penalty phase issue, Chandler argues that the standard jury instruction on the heinous, atrocious, or cruel (HAC) aggravating circumstance is unconstitutionally vague. Id. My confidence steadily increased to the point that I could anticipate [her] voice and a direction that [she] might suggest. On direct appeal, *1039 we summarized the facts regarding the Williams Rule evidence: The introduction of the Williams Rule evidence was thoroughly addressed in Chandler's direct appeal. [12] Chandler had not been tried or convicted for the alleged sexual battery. 380 (1935), the Court stated: Id. In effect, trial counsel did concede Chandler's guilt in the Blair case. She never returned. Even though collateral counsel disagrees with trial counsel's strategy for dealing with the Williams Rule evidence, this disagreement does not place trial counsel's decision on how to deal with the evidence outside the realm of reasonably effective assistance of counsel. He testified that two men in a boat gave him a tow to Gandy Bridge Marina, where he put some fuel in his boat. Chandler: Did I tell her that I was innocent? The court should then require the defendant to confirm on the record that his counsel has discussed these matters with him, and despite counsel's recommendation, he wishes to waive presentation of penalty phase evidence. [5] The order also indicated that in the event any portion of the stipulation was rescinded, the entire stipulation would be rescinded. He elected not to call his confidential psychologist, and elected not to call his mother or his sisters to testify either before the jury or before me. Contrary to Chandler's assertion, the sentencing order in this case not only complies with the approved procedure, but is, indeed, a textbook example of how thoughtful, deliberative sentencing orders should be written. Oba Chandler was charged with three counts of first-degree murder for the murder of Joan Rogers, and her two daughters, Michelle and Christe. Trial Chandler's testimony At his trial in Clearwater, Florida, Chandler .

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