People v. Allison

• Citation: 48 Cal.3d 879,258 Cal.Rptr. 208,771 P.2d 1294
• Decision Date: 11 May 1989
• Docket Number: No. S004649,S004649
• Court: United States State Supreme Court (California)
• Parties: , 771 P.2d 1294 The PEOPLE, Plaintiff and Respondent, v. Watson ALLISON, Defendant and Appellant. Crim. 24058.

Page 208

258 Cal.Rptr. 208

48 Cal.3d 879, 771 P.2d 1294

The PEOPLE, Plaintiff and Respondent, v. Watson ALLISON, Defendant and Appellant.

No. S004649.

Crim. 24058.

Supreme Court of California,

In Bank.

May 11, 1989.

As Modified on Denial of Rehearing June 29, 1989.

Richard B. Mazer, under appointment by the Supreme Court, and David A. Nickerson, San Francisco, for defendant and appellant.

John K. Van de Kamp, Atty. Gen., Steve White, Asst. Atty. Gen., William R. Weisman, Roy C. Preminger and Robert S. Henry, Deputy Attys. Gen., for plaintiff and respondent.

EAGLESON, Justice.

Defendant Watson Allison was convicted of the robbery (Pen.Code, § 211) ¹ and first degree murder ( § 187) of Leonard Wesley Polk. Defendant was found to have personally used a firearm in the commission of both offenses. ( § 12022.5.) One special circumstance allegation under the 1978 death penalty law was found true: that defendant committed the murder while engaged in the commission or attempted commission of robbery. ( § 190.2, subd. (a)(17)(i).) The jury fixed the penalty at death; this appeal is automatic. (Cal. Const., art. VI, § 11; § 1239, subd. (b).) ²

For the reasons set forth hereafter, we affirm the judgment in its entirety.

I. GUILT PHASE

A. FACTS

Prosecution Case

On November 11, 1982, Leonard Wesley Polk, aged 23, resided with his cousin, Angela Hunter, at 850 Orizaba Street, apartment no. 7, in Long Beach. Hunter cleaned the apartment that morning and "everything was in perfect order" when she left for her 11:30 a.m. appointment at the hairdresser. Shortly before leaving she observed Polk talking on the telephone; he was dressed in jogging shorts and a T-shirt as if in preparation to ride his bike.

Neighbors Ray Johnson and Frank Aguayo lived in the apartment building and knew Hunter and Polk. On the morning of the robbery-murder, Johnson and Aguayo walked to a schoolyard one block away from their building, at 10th and Orizaba, to play basketball. Upon leaving the building they saw Polk across the street on his bicycle talking to two Black men in a gray Ford. Aguayo identified a photograph of accomplice Samuel Bonner as the driver of the Ford.

Johnson and Aguayo played ball for 30 minutes to an hour, returned to the apartment building, and stood outside on the street talking for several minutes. During this time they observed Polk take his bicycle upstairs, leave in his car with another person, and return five to ten minutes later.

Johnson and Aguayo returned to their respective apartments. Less than one-half hour later, Johnson was sitting at his front window looking out at the street when he observed a man, whom he later identified as defendant, carry a television set out of the building and place it in Polk's white Toyota. Johnson recognized the television set as belonging to Hunter and Polk and told his wife to call the police. He continued watching from his window and saw defendant exit from the building again, this time carrying stereo equipment and speakers which he put into Polk's Toyota.

As soon as defendant departed, Johnson alerted Aguayo and together they went to Hunter's apartment, entered through the unlocked door, and saw Polk lying on the floor in the same clothes they had seen him wearing earlier. The furnishings and contents of the apartment were broken and strewn about. Aguayo testified that there was blood "everywhere," and that Polk was still "quivering." Aguayo tried to shake the victim, "and then [Polk's] eyes were really wide open." Aguayo directed other neighbors to summon paramedics, who arrived 15 to 20 minutes later.

Hunter returned sometime after police and medical personnel had arrived on the scene. She testified that Polk was lying on the floor next to a beanbag chair and shattered glass coffee table. There was no evidence of forced entry through either the front door or windows. Her stereo components, television set, and HBO cable receiver-box were among the items missing. Her large record album collection was strewn all over the room. Hunter had kept the original stereo component cartons and receipts which bore their serial numbers. She was thus able to positively identify her turntable, amplifier, receiver and speakers which were recovered and placed into evidence at trial. She did not know nor had she ever met defendant.

Long Beach Homicide Inspector William Collette arrived at the apartment approximately 2:30 p.m., after the emergency medical personnel had departed. Over 100 record albums were scattered around the living room. Collette found Polk lying on the floor in a pool of blood near a shattered glass coffee table, "apparently deceased." The walls and draperies were splattered with blood. A beanbag chair next to the victim was also covered with a large pool of blood.

Inspector Collette observed severe trauma to the victim's head. Medical testimony later established that Polk's death was caused by two .22-caliber gunshot wounds to the head; one to the left ear, the other to the left temple. The latter was a contact wound, evidencing that the weapon's muzzle had been held very close to or in contact with the victim's head when the shot was fired. In addition, Polk had suffered numerous lacerations to his head, left ear and left side of his face, consistent with his having being struck by a fist or blunt object such as the butt of a handgun.

Based on Johnson's and Aguayo's statements, Inspector Collette began looking for Polk's white Toyota as well as the gray Ford described by them. The license number of a similar car had been noted by a patrol officer in the area that same morning. That car, a gray and black 1964 Ford, was located early in the evening outside what proved to be the residence where defendant was staying, and it was placed under surveillance. Accomplice Samuel Bonner was arrested when he attempted to drive off in the Ford later that night. Bonner furnished written consent to search the car the next day. On the seat of the car, Inspector Collette found a white envelope, addressed to defendant: "Mr. Watson Allison, 1700 Lemon Street," on the back of which was written in longhand: "10 ST" "Oriz" "Orizaba." At trial, an expert handwriting examiner testified that these words were written in defendant's handwriting.

Defendant was arrested on unrelated charges on November 18, one week after the murder, and placed in custody in the Long Beach city jail. He was fingerprinted by the Long Beach police crime lab the following day. Through comparison with defendant's known fingerprint card, expert testimony later established that a latent thumbprint lifted from the cellophane jacket of a record album at the murder scene was defendant's thumbprint.

Inspector Collette spoke with defendant at the jail on November 22. Defendant denied that he had been to Hunter's and Polk's apartment or even to the vicinity of 10th and Orizaba Streets in Long Beach on the day of the murder. He did, however, furnish written consent to search a garage he had rented at 1766 Lewis Street in Long Beach.

Richard Lee testified that he resided at 1766 Lewis Street, and had sublet a garage on the property to defendant on November 14, three days after the murder. Lee owned a truck, and on that same day defendant had "hired" Lee to move certain furniture and personal possessions from his (defendant's) Lemon Street address into the garage. Among the items moved into the garage were television sets and stereo components. The garage was padlocked and Lee retained a key. In mid-November Lee gave Inspector Collette written consent to search the garage, and accompanied the officers during their search. Hunter's stolen stereo and video components were recovered from the garage. Expert testimony established that a latent thumbprint lifted from one of the stereo components matched accomplice Samuel Bonner's left thumbprint. Polk's white Toyota was found parked two blocks away; its stereo had been ripped from the dashboard and its rear speakers were also missing.

Defense Case

The defense case consisted solely of defendant's testimony. He admitted that he had been with Bonner on the day of the murder, November 11, 1982. On his way to the store that morning, he had allegedly run into Bonner talking on the telephone and, at Bonner's request, had written "10th and Orizaba" on the back of an envelope he had with him. Bonner never explained the significance of the notation he had asked defendant to jot down for him.

Bonner came over to the house defendant was staying at later that same morning. Bonner spoke with someone on the telephone, after which he and defendant discussed a plan to "rip-off" this person, Polk as it turned out, after gaining entry by ruse to his apartment. It was defendant's understanding that Bonner would "get him [Polk] in another part of the house, and I was supposed to come in the house and take whatever I wanted to take." Defendant testified he had no idea that anybody would get hurt as a result of the plan. Bonner had stated his intent to just "have some fun, you know. Just go upstairs with the guy."

Bonner drove defendant in Bonner's Ford to the vicinity of 10th and Orizaba Streets, where they stopped and spoke with Polk who was waiting on a 10-speed bicycle. Defendant never saw Bonner arm himself with a gun, nor did defendant own or have on his person a .22-caliber gun. Polk allegedly stated to Bonner, "Thought you was going to be by yourself." Bonner responded that defendant would be using his car and that Polk should meet them down the street at a gas station.

According to defendant, Polk went alone to his house, put away his bicycle, returned with his car to the gas station where defendant and Bonner were waiting, and drove away with Bonner. Bonner had told defendant to "give him about five or ten minutes and just come back around there," assuring defendant Polk's door would be left open.

Defendant testified that he put some gas in the Ford, drove back down...