46 Cal.3d 919, 22144, People v. Bean

Docket Nº:22144
Citation:46 Cal.3d 919, 251 Cal.Rptr. 467, 760 P.2d 996
Opinion Judge:[11] Eagleson
Party Name:People v. Bean
Attorney:[7] Lloyd H. Riley, under appointment by the Supreme Court, for Defendant and Appellant. [8] Eric S. Multhaup as Amicus Curiae on behalf of Defendant and Appellant. [9] John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney Gene...
Case Date:September 19, 1988
Court:Supreme Court of California
 
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Page 919

46 Cal.3d 919

251 Cal.Rptr. 467, 760 P.2d 996

The PEOPLE, Plaintiff and Respondent,

v.

Anthony Cornell BEAN, Defendant and Appellant.

No. S004387.

Crim. 22144.

Supreme Court of California

Sept. 19, 1988.

In Bank

Rehearing Denied Dec. 15, 1988.

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Lloyd H. Riley, Sacramento, under appointment by the Supreme Court, for defendant and appellant.

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Eric S. Multhaup, San Francisco, as amicus curiae, for defendant and appellant.

John K. Van de Kamp, Atty. Gen., Steve White, Chief Asst. Atty. Gen., Edward P. O'Brien, Asst. Atty. Gen., Edmund D. McMurray, Blair W. Hoffman and David De Alba, Deputy Attys. Gen., for plaintiff and respondent.

EAGLESON, Justice.

Defendant was convicted by a jury in the Sacramento County Superior Court of the first degree murders (Pen.Code, § 187) 1 of Beth Schatz (count one) and Eileen Fox (count five) the robbery ( § 211) of George and Beth Schatz (count two) and Eileen Fox (count six); first and second degree burglary ( § 459) respectively of the Schatzes' mobilehome (count three) and the Fox residence (count seven); and assault with a deadly weapon ( § 245, subd. (a)) upon George Schatz (count four). The jury also found that the defendant personally used a deadly and dangerous weapon in the commission of the murder of Beth Schatz ( § 12022, subd. (b)) and inflicted great bodily injury on George Schatz ( § 12022.7); found true the special circumstance allegations that both murders were committed during the commission or attempted commission of robbery ( § 190.2, subd. (a)(17)(i)) and burglary ( § 190.2, subd. (a)(17)(vii)); and found true special circumstance allegations made with regard to each murder that defendant had been convicted in that proceeding of more than one offense of murder ( § 190.2, subd. (a)(3)). The jury returned a verdict of death for the Schatz murder and life without possibility of parole for the Fox murder ( § 190.3). After denying modification of the penalty ( § 190.4, subd. (e)), the court sentenced defendant in conformity with the jury verdicts. This appeal is automatic. ( § 1239, subd. (b).)

Defendant contends on appeal that the judgment must be reversed because of prejudicial error in the denial of his motions for severance of the Schatz and Fox counts; for change of venue; to relieve counsel; and to disqualify the trial judge. He also argues that the court erred in admitting certain evidence, that the evidence is insufficient to sustain the verdicts, and that he did not receive constitutionally adequate representation by his trial counsel. Other arguments are addressed to assertedly improper instructions at the penalty phase; the viability of the felony-murder rule; jury selection; and the proportionality of the death penalty.

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We conclude that none of these claims is meritorious and affirm the judgment.

I.

All but one of the events central to both murders occurred in southern metropolitan Sacramento, not far from the intersection of Florin Road and Luther Drive. George and Beth Schatz lived in a mobilehome at the Southwind Mobile Home Estates, located off Luther Drive, south of the Luther Burbank High School which faced Florin Road at the intersection. Eileen Fox lived 10 to 12 blocks east of the mobilehome park, on Circle Parkway, south of Florin Road. Defendant's sister Lorraine, with whom he was staying on June 29, 1980, lived on East Parkway, a parallel street one block to the west of Circle Parkway, but north of Florin Road. His cousin, Norman Hamilton, lived in an apartment complex, the Florin Meadows Apartments, west of the high school. The apartments could be reached by crossing the high school grounds, and traversing a field through which there was a railroad track. The school property was often used as a shortcut between Luther Road and the apartments which were only 20 yards west of the railroad track. The home of defendant's parents, Beatrice and Royal Bean, with whom he also stayed on occasion, was three to four miles northeast of the Florin Road--Luther Drive intersection in the Glenn Elders area. Other relatives of defendant lived west of the high school in an area of Sacramento known as the Gardens.

The Schatz Murder

Beth Schatz was killed by a person or persons who entered the mobilehome in the early morning hours of June 26, 1980, through a kitchen window. She and her husband, George, had entertained friends on the preceding evening, and had retired about 11:30 p.m. George Schatz customarily cleaned the sink and counter after doing the evening dishes, and believed he had done so on that night. He was awakened by a disturbance and stood up next to his bed. He saw two young Black males in the bedroom. One directed him to lie down and not get up. He complied with that order, lay down, and stared upward. He does not recall falling asleep or becoming unconscious, but apparently did so. Before that occurred he realized that his wife was not in the bed. He heard noises made by the intruders as they moved about the home. When he awakened or regained consciousness he heard no sounds. He arose, and found his wife lying on the floor near the foot of the bed. He knelt beside her, tried to waken her, and realized that she was dead. He then telephoned police. Until that time he did not realize that he had been injured. He was bleeding from a head wound or wounds, however, and was transported to a hospital by the police

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officers who responded to his call. He had sustained six wounds to the head area, one to his neck, a broken nose, and two black eyes.

Beth Schatz's death was caused by multiple blows to the head, with the injuries concentrated on the left side of her skull. The injuries included depressed fractures of her skull, and some had caused hemorrhages in the pons, the upper part of the brain stem, an area in which hemorrhage is lethal. The injuries suffered by both victims were consistent with blows from a ball-peen hammer.

Several items of property, including a television set, a 30.06 deer rifle, a shotgun, Mr. Schatz's wallet, a money clip, and a jewelry box were missing from the home. The couple's 1977 Oldsmobile Cutlass automobile was also missing.

Shoeprints found in the flower bed under the kitchen window of the mobilehome bore a "strong indication" that they had been made by shoes owned and shared by defendant and his brother. A fingerprint found on a screen that had been removed from the kitchen window of the mobilehome was identified as that of defendant, as was a partial palm print on the edge of the kitchen counter. The palm print was placed with the fingers resting over the edge of the counter.

A security guard working the 10 p.m. to 6 a.m. shift at an auto dealership next to Luther Burbank High School at Florin Road and Luther Drive observed a car driving north on Luther Drive at a high rate of speed at 1:30 a.m. on the night of the homicide. The car barely stopped for the stop sign before skidding onto Florin Road where a highway patrol car crossed its path, but did not stop to ticket it. The car might have been an Oldsmobile Cutlass.

Cecelia (CiCi) Anders, a friend of defendant who lived in a downtown apartment about 10 miles from the Gardens area, was awakened about 4 or 4:30 a.m. on June 26 by defendant and Michael Hamilton. 2 Defendant's cousin, Norman Hamilton, who was Michael's brother, was spending the night with CiCi. Norman's stepbrother, Clarence Harris, arrived at the apartment shortly after defendant and Michael. Defendant said that they had been at a club which stayed open all night, the After Hours. He also told CiCi that he had killed a woman, later stating to her: "I don't know if I killed that bitch," and "I don't know if she's dead or not." Norman Hamilton recalled that defendant said he had beaten the woman. Defendant also said that he had taken a TV and a 30.06 rifle that he planned to sell; that he

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had driven from the "trailer court"; and that as he did so a highway patrol car came "flying by."

Michael was present during this conversation but said little other than that he had done nothing, and was not going to "ride the beef." Defendant and Clarence Harris left the Anders apartment about 5 a.m., having been there for about 45 minutes.

The Schatzes' Oldsmobile Cutlass was found abandoned in a field in the Gardens area at 19th Street and O'Neil Way. The car had not been in the field at 5:30 a.m., but was seen there at 6:30 a.m. The keys were found later in the yard of a home on 19th Street adjacent to the field. A ball-peen hammer, on the head of which was found blood of a type matching that of George Schatz, was found on the floorboard of the Cutlass near the passenger seat.

Defendant testified, offering alibis for the time of each murder. He also testified that he had been in the Southwind Mobile Home Estates on June 25 (the day before the Schatz murder), and that he had pried open the screen over the kitchen window of the Schatz home and leaned inside to see if there were items that he could steal. He had entered the trailer court while on his way to his cousin's home because that was a quicker way. The trailer court was to the immediate south of the high school. After leaving the trailer court, defendant hopped a fence into the high school grounds and went over the railroad tracks to the apartment complex on the west.

The Fox Murder

Eileen Fox, a 65-year-old retired nurse, lived alone in her home on Circle Parkway, across the street from the "E.J...

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