People v. Rich, S004355

Citation248 Cal.Rptr. 510,45 Cal.3d 1036,755 P.2d 960
Decision Date30 June 1988
Docket NumberNo. S004355,S004355
CourtUnited States State Supreme Court (California)
Parties, 755 P.2d 960 The PEOPLE, Plaintiff and Respondent, v. Darrell Keith RICH, Defendant and Appellant. Crim. 21840.
[755 P.2d 974] Maxim N. Bach, Oroville, under appointment by the Supreme Court, for defendant and appellant

Gary D. Sowards, Oakland, as amicus curiae on behalf of defendant and appellant.

John K. Van de Kamp, Atty. Gen., Steve White, Chief Asst. Atty. Gen., Jane Kirkland, Ward Campbell, Garrett Beaumont and Edmund D. McMurray, Deputy Attys. Gen., for plaintiff and respondent.

LUCAS, Chief Justice.

Defendant was charged in Shasta Superior Court with four counts of first degree murder, three counts of kidnapping, three counts of rape by force, three counts of rape by use of threats, one count of assault with intent to commit rape, two counts of oral copulation by force, one count of oral copulation of the victim by force, one count of oral copulation by a person over 21 on a person under 16, one count of attempted oral copulation, one count of sodomy by a person over 21 on a person under 16, and one count of assault with a deadly weapon by means likely to produce great bodily harm.

Each murder count further alleged as special circumstances that defendant had murdered the victims named in the other three counts. (Former Pen.Code, § 190.2, subd. (c)(5) (all further statutory references are to this code unless otherwise indicated).) One of the murder counts additionally alleged that defendant had murdered his victim, a child under 14, during the commission of a lewd and lascivious act. (Former § 190.2, subd. (c)(3)(iv).)

The cause was eventually transferred to Yolo County. During trial by jury, the indictment was amended to include an additional count of sodomy by force. The jury found defendant guilty as charged of three of the murders, and found the special circumstances of "felony murder lewd and lascivious act on a child under 14" and "multiple murder" to be true; on the other

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[755 P.2d 975] murder charge the jury found defendant guilty of second degree murder and found the multiple-murder special circumstance to be not true. As to the other 18 counts, the jury found defendant guilty as charged of all but three crimes. 1

Immediately after the jury returned its guilt verdicts, the sanity trial commenced. The matter was submitted to the jury on the evidence presented during the guilt phase. The jury found defendant was sane when he committed the crimes. At the penalty trial, the matter was again submitted to the jury on the evidence presented during the guilt phase. The following day the jury fixed defendant's sentence at life without possibility of parole for one of the first degree murders and imposed death for each of the other two first degree murders. This appeal under the 1977 death penalty law is automatic. ( § 1239, subd. (b).)

I. FACTS
A. The People's Case

The People introduced evidence 2 establishing the following:

1. Count I--The murder of Annette Edwards

In early July 1978, Annette Edwards disappeared from her home in Redding. Her body was found three days later two miles from her apartment, about 75 feet down an embankment off a county road. She was lying on her back with her legs spread; her panties had been pulled below her knees and her tank top had been pulled above her breasts. A blood-stained trash can lid was near her, and additional evidence was also discovered at the scene.

The autopsy revealed severe injuries to her face and head. Her upper jaw had suffered two fractures: one began at the left midline and went through her left eye socket and into the lower portion of her skull to the base of her brain; the other followed a similar pattern but began on the right side of her face. The body had other injuries and bruises. The autopsy surgeon testified that a substantial amount of force was required to inflict the injuries on the jaw. The cause of death was described as basal skull fractures inflicted by blunt force.

2. Count II--The murder of Patricia Moore

In early August, Patricia Moore disappeared from a motel in Redding. Her nude body was found over two weeks later at the Igo dump. The autopsy revealed severe injuries to her face and head. Several of her teeth had been fractured or broken. Her head had sustained several blows, the most severe of which crushed the right side of the front of her skull. The wound measured about five inches in diameter and was probably inflicted by a heavy rock. There was evidence of manual strangulation. The cause of death was shock and hemorrhage from head wounds inflicted by blunt force. 3

3. Count III--The murder of Linda Slavik

Also in early August, Linda Slavik went to a bar in Chico with a friend. Slavik's friend left the bar about 1 a.m.; she returned approximately 45 minutes later and found Slavik gone. Slavik's nude body was found at the Igo dump, about 20 feet from Patricia's body. Slavik had been shot twice: one bullet entered in the front of her neck and struck her spine, the other

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bullet was fired into her open mouth and severed the spinal column, causing instant death.

4. Count IV--The murder of Annette Selix

On an evening in mid-August, 11-year-old Annette Selix left her home in Cottonwood and walked to a nearby market to buy groceries. Her body was found the following day underneath a bridge in Shasta County. She had been stripped naked except for her panties. The autopsy revealed that she was still alive at the time she had been thrown off the bridge, and that she had been forcibly raped and had performed oral copulation. She suffered several broken bones as well as substantial internal bleeding. Bite marks were found on the victim's thigh and it was positively determined that defendant had inflicted the wound.

5. Counts V and VI--The assault and attempted forcible oral copulation on Donna W.

On an evening in mid-June 1978, Donna W. left her home in Redding and began walking to a nearby market. Defendant attacked her from behind, pushed her off the road and threw her down a hill. He grabbed her hair and blouse, threatened to kill her, and asked if she wanted to give him "a blow job." When Donna said no, defendant hurled her to the ground and began hitting her on the head with a blunt instrument. He struck her at least 10 times. Donna's head injuries prevented her from climbing up the hill to the main road; she remained at the foot of the hill for more than 12 hours before a passerby saw her and called for help.

6. Counts VII--XI--The kidnap, rape and oral copulation of Robin H.

In mid-June 1978, Robin H. went to the Anderson fair with a friend. She left the fair alone around 11 p.m., and walked past defendant, who was in his car parked on the side of the road. When defendant called for her to come to him, Robin declined, and defendant drove off. Robin took off her shoes and started running to a bus depot. Suddenly, defendant grabbed her from behind and carried her to his car.

Defendant placed Robin in the front seat, grabbed her hair, and pushed her head between her legs. Defendant then drove off. Soon thereafter, defendant ordered Robin to take off her clothes. He parked the car and commanded Robin to lie down and cover her eyes with his shirt so she could not see him. Defendant then proceeded to rape and orally copulate her. He also forced Robin to orally copulate him. Robin was finally released; defendant told Robin he knew where she lived and threatened to kill her if she told anyone what he had done. 4

7. Counts XII--XV--The kidnap, oral copulation, sodomy and assault with intent to commit rape of Lisa S.

On an evening in late June 1978, 14-year-old Lisa S. was walking with a boyfriend in Redding when defendant drove up next to them. He asked if they would like a ride, and they accepted. Lisa's boyfriend opened the door and Lisa began to climb in; as she did so, defendant grabbed her, pulled her into the car, and sped off. Defendant ordered Lisa to take off her clothes. He then parked the car and attempted to rape Lisa, but could not achieve penetration. He ordered Lisa out of the car and sodomized her. He also forced Lisa to orally copulate him, and eventually released her.

8. Counts XVI and XVII--The rape of Marla Y.

On an evening in early July 1978, Marla Y. was walking in Redding when defendant grabbed her. She fought until he knocked her unconscious. When she regained consciousness, she realized defendant was rolling her toward a body of water. She again began to struggle. Defendant ripped off

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her shirt and ordered Marla to remove her pants. Defendant covered Marla's face with her pants so she could not see him and then raped her. He ordered her not to look up and then he left. 5

9. Counts XVIII--XXII--The kidnap, rape, oral copulation and sodomy of Kelly M.

On an evening in mid-July 1978, 15-year-old Kelly M. left her home in Red Bluff and bicycled to her cousin's house to visit. As she returned home, defendant passed her and asked for the time, then grabbed her by the hair and pulled her off her bike. He hit her in the eye, forced her into his car, and drove off. While driving, defendant held Kelly by the hair and forced her head between her legs. He ordered her to take off her clothes. Defendant parked the car and forced Kelly to orally copulate him. He then started the car and drove to another location. En route, defendant threatened to hit her on the head with a flashlight if she did not do as he asked. He also told her that he had a gun under his seat and a dead body in his trunk. When defendant stopped the car again, he sodomized, raped, and orally copulated Kelly. He eventually let her go. 6

10. The arrest and investigation

The circumstances surrounding defendant's arrest and the police investigation are as follows:

In mid-...

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