People v. Booker, No. S083899.

• Court: United States State Supreme Court (California)
• Writing for the Court: MORENO
• Citation: 119 Cal.Rptr.3d 722,245 P.3d 366,11 Cal. Daily Op. Serv. 847,51 Cal.4th 141
• Parties: The PEOPLE, Plaintiff and Respondent, v. Richard Lonnie BOOKER, Defendant and Appellant.
• Decision Date: 16 March 2011
• Docket Number: No. S083899.

51 Cal.4th 141
245 P.3d 366
119 Cal.Rptr.3d 722
11 Cal. Daily Op. Serv. 847
2011 Daily Journal D.A.R. 1017

The PEOPLE, Plaintiff and Respondent,
v.
Richard Lonnie BOOKER, Defendant and Appellant.

No. S083899.

Supreme Court of California

Jan. 20, 2011.
Rehearing Denied March 16, 2011.

119 Cal.Rptr.3d 735

Jonathan P. Milberg, under appointment by the Supreme Court, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Adrianne S. Denault and Elizabeth A. Hartwig, Deputy Attorneys General, for Plaintiff and Respondent.

MORENO, J.

51 Cal.4th 148, 245 P.3d 377

A jury convicted defendant Richard Lonnie Booker of the first degree murders of Tricia Powalka, Amanda Elliot, and Corina Gandara. (pen.code, § 187, subd. (a).) ¹ it also convicted him of arson ( § 451, subd. (b)) and the attempted murder of Eric S. ( §§ 187, 664). It found true special circumstance allegations of multiple murder as to each count of murder ( § 190.2, subd. (a)(3)) and that Corina was murdered during the commission or attempted commission of a rape ( § 190.2, former subd. (a)(17) (iii), now (a)(17)(C)) and a lewd act by force on a child under 14

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( § 190.2, former subd. (a)(17)(v), now (a)(17)(E)).² the jury further found that defendant had personally used a handgun and a knife in the commission of these offenses. (§§ 1192.7, subd. (c)(8), (23), 12022, subd. (b), 12022.5, subd. (a).) The jury returned a verdict of death as to each of the victims. The trial court denied the automatic application to modify the verdict (§ 190.4, subd. (e)) and sentenced defendant to death for the three murders and to life with the possibility of parole and determinate prison terms for the remaining counts and allegations.

This appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment.

245 P.3d 378

I. Facts

A. Guilt Phase

1. Prosecution evidence

On August 9, 1995, 19-year-old Tricia Powalka lived in an apartment in the City of Riverside with her six-month-old son, Eric S. Eric's cousins, 15-year-old Amanda Elliot and 12-year-old Corina Gandara, sometimes visited them and babysat Eric.³ Amanda's close friend, 21-year-old Deverick Maddox, twice previously had visited the apartment to socialize with the young women. Although Maddox had spent the night at Powalka's apartment on a previous occasion, he denied having a sexual interest in any of the young women.

During the evening of August 9, Maddox visited Powalka's apartment while she was at work; Amanda, Corina, and Eric were there. Amanda suggested Maddox invite a friend over, so he telephoned defendant and

51 Cal.4th 149

invited him over. Maddox left the apartment to meet defendant, who had turned 18 a month before; on the way back, they stopped at a nearby liquor store, purchased two bottles of fortified wine, and returned to the apartment. Powalka arrived at the apartment, and then she, Maddox, and defendant went to a store and bought some more liquor. The two men and three young women spent the evening drinking, talking, dancing, playing dominos, listening to music, and watching a movie; a neighbor was also present for part of the evening. At one point, Powalka retrieved a gun from the bedroom, showed it to the others, and let defendant handle it. Neighbors heard talking, laughter, and music until as late as 3:00 a.m.

At some point, Powalka went to her bedroom to go to sleep. Maddox and defendant fell asleep on the couch in the living room, and Amanda and Corina slept on the floor. Maddox awoke during the night and noticed Amanda was now on the couch and defendant was on the floor.

In the early morning, Maddox was awakened by Amanda screaming. Defendant was standing looking towards the hallway. Amanda entered from the hallway holding her neck, then dropped to her knees. The other females were not in the living room. Defendant was holding a knife and a gun in his hands, which were covered with blood; he was not wearing shoes and his socks also were covered in blood. Amanda told Maddox she had been heading towards the bathroom when defendant "sliced" her. Maddox asked defendant if there had been an accident, and he responded he did it "on purpose," repeatedly apologized, and said he "killed them." When Maddox told defendant they had to call the police, defendant said he wasn't going to go to jail.

119 Cal.Rptr.3d 737

Maddox walked down the hallway and saw Corina's body in a puddle of blood in the bathroom. Powalka's bloodstained legs were visible in the bedroom. Maddox started to leave the apartment, but defendant thrust the gun at him and said, "Shoot me. I rather you kill me than to go to jail, if you tell them."

Maddox went home. About 6:00 a.m. on August 10, 1995, a coworker of Maddox's father arrived at the Maddox household to drive Maddox's father to work. While there, the coworker saw Maddox enter the house; there was no blood on him. Later that day, Maddox washed his clothes.

At some point in the morning, defendant telephoned Maddox. Defendant told Maddox that while talking to Corina he dropped his knife near her and she accused him of trying to cut her. Defendant said Corina went to tell Powalka, so he followed her.

About 7:30 a.m., the maintenance supervisor for Powalka's apartment complex received a telephonic page indicating there was a fire in her unit.

51 Cal.4th 150

Receiving no response to his knocks on Powalka's door, the supervisor opened the door with his master key and discovered Amanda's body in the living room and Powalka's body in the bedroom of the smoke-filled apartment. Powalka was wearing no clothes except a pair of shorts and her panties were rolled around her left knee. On the stove was a large deposit of ashes. Firefighters

245 P.3d 379

arrived and rescued Eric from his playpen in the bedroom. A firefighter started to drag Powalka's body from the apartment, but stopped after realizing that she already was dead. A chest of drawers was blocking the bathroom door. Firefighters moved the chest, looked into the bathroom, and saw Corina's body. Corina's shorts and panties, like Powalka's, had been rolled down around her left knee. Corina's legs were open and there were bloodstains on her thighs consistent with the shape of handprints.

Fire investigator Timothy Rise determined the fire had been deliberately started by placing a nylon bag full of clothes on the stove's hot burners. There was charring on the kitchen cabinets, the overhead light fixtures, and the stove's exhaust vent. In Rise's opinion, the amount of smoke in the apartment would have been lethal.

Powalka's neighbors told law enforcement personnel that Maddox was one of the male visitors from the night before. Detectives located Maddox, transported him to the police station, and interviewed him there. After initially denying any involvement, Maddox identified defendant as the other visitor.

After locating and then transporting defendant to the police station that night, Riverside Police Detective Ron Sanfilippo advised him of his rights under Miranda v. Arizona (1966) 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 to remain silent and have counsel present during questioning. Defendant, who had a cut on one of his hands, initially denied involvement in the killings. Defendant told the officers his memory of the events was incomplete and confusing because he had been drinking heavily that night. Defendant acknowledged Maddox had introduced him to the young women and they were "kicking back" and having a party at the apartment. Defendant initially claimed he had left about 3:00 a.m., but revised his story after Sanfilippo told him that they had already spoken to Maddox.

Defendant then claimed he was absent- mindedly playing with his knife when Corina accidentally bumped into it. Corina asked defendant why he was trying to stab her and tried to grab the knife, so he "hit" (that is, stabbed) her. Defendant inconsistently claimed he threw Corina into the

119 Cal.Rptr.3d 738

bathroom and that she ran in on her own accord. Defendant said he locked the bathroom door, but denied blocking it with the chest of drawers.

51 Cal.4th 151

Defendant provided various explanations for how he killed Powalka. Defendant initially claimed Powalka threatened to shoot him, so he struck her in the neck. Defendant then claimed that when he exited the bathroom Powalka put the gun to his head, so he stabbed her at least twice. Defendant also claimed Powalka tried to shoot him when he threw Corina into the bathroom, so he struck Powalka. At some point, defendant knocked the gun out of Powalka's hand and picked it up. As Powalka was lying on the ground, defendant removed her shorts.

Defendant admitted that he returned to the bathroom and told Corina to take her shorts off, and that he "kind of helped" her while she was lying on the floor. Defendant admitted he was drunk and did not intend to "make it" with Corina; he alternatively admitted he "might of touched" her "down there," but also said he only "looked" at her "there." Defendant recalled striking Corina, perhaps more than once, as she lay on the bathroom floor.

With respect to Amanda, defendant claimed she charged him, so he stabbed her two or three times in the neck and then shot her as she lay on the ground.

Defendant denied deliberately trying to set the apartment on fire, but admitted he may have put a laundry bag on top of the stove and turned on the burner before he left. Defendant denied knowing that Eric was in the apartment that evening, but recalled hearing a baby cry at some point. Defendant claimed that, before he left the apartment, he picked up the telephone to call the police, but then changed his mind and went home and slept.

Defendant described the weapons as being a .22-caliber Beretta handgun and a knife that was actually two steak knives that he had taped together. Defendant showed Sanfilippo where he had hidden the handgun near Powalka's apartment. Later, ballistic

245 P.3d...