People v. Cook

• Decision Date: 17 May 2007
• Docket Number: No. S042659.,S042659.
• Citation: 58 Cal.Rptr.3d 340,157 P.3d 950,40 Cal.4th 1334
• Parties: The PEOPLE, Plaintiff and Respondent, v. Joseph Lloyd COOK, Defendant and Appellant.
• Court: California Supreme Court

58 Cal.Rptr.3d 340

40 Cal.4th 1334

157 P.3d 950

The PEOPLE, Plaintiff and Respondent, v. Joseph Lloyd COOK, Defendant and Appellant.

No. S042659.

Supreme Court of California.

May 17, 2007.

Michael J. Hersek, State Public Defender, under appointment by the Supreme Court, and Robin Kallman, Deputy State Public Defender, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, William M. Wood and Arlene Aquintey Sevidal, Deputy Attorneys General, for Plaintiff and Respondent.

CHIN, J.

Defendant Joseph Lloyd Cook appeals from a judgment of the San Bernardino County Superior Court imposing the death penalty following his conviction of two counts of first degree murder (Pen.Code, § 187),¹ one count of burglary (§ 459), and two counts of robbery (§ 211), accompanied by special circumstance findings that he committed multiple murders (§ 190.2, subd. (a)(3)), and murders while engaged in the commission of robbery (id., subd. (a)(17)(vii)). The jury also found defendant personally used a deadly and dangerous weapon (§§ 12022, subd. (b), 1192.7, subd. (c)(23)) during the murders and the robberies. Defendant's appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment.

I. FACTS

On July 9,1992, Hubert and Pearl Hails, ages 82 and 81 respectively, were murdered in their Joshua Tree home. Friend Ruth Eyer had visited the couple around 4:00 p.m. on that day, and the Hailses introduced defendant to her while he was working in their yard. Later that day, at dusk, the Hailses' son Robert came to visit. He noticed the lights were out and the Hailses' white Toyota pickup truck was gone. Robert assumed the couple had driven off to celebrate their wedding anniversary.

Between 5:30 and 7:00 p.m. that same day, defendant arrived at the La Quinta home of his brother, Jeff Cook. Defendant was driving the Hailses' white pickup truck. Inside the truck were the Hailses' large stereo speakers, which defendant sold to his brother for $150. A few days later, on July 11, Robert Hails returned to his parents' home and found their bodies. He noticed that two stereo speakers were missing, as well as a jewelry box, his mother's purse, the keys to the Hailses' truck, and a notebook in which his father recorded the name of each person who worked at the Joshua Tree home, the number of hours worked, and the amount of pay.

Investigating officers found on the Hailses' living room floor a crumpled ledger sheet from the missing notebook that contained defendant's work record, showing he started working at 3:30 p.m. on July 9, but lacking any notation as to stop time, hours worked, amount of pay, or signature. The officers also found latent palm prints on the Hailses' truck that matched defendant's palm, and similar matching prints were found on the crumpled ledger sheet.

A parole search of defendant's home disclosed a letter signed by defendant and addressed to his landlord which stated that defendant was working for the Hailses and that his recent financial problems had been resolved. The search also disclosed a discarded pair of tennis shoes in a trash bag in defendant's garage. The shoes bore blood spatters consistent with Pearl

Hails's blood, but not with Hubert Hails's or defendant's. (An expert testified that only about 1.7 percent of the general population of San Bernardino County, including Pearl Hails, would have an enzyme pattern consistent with that found on the right shoe and that about 9.8 percent of the same population, including Pearl Hails, would have an enzyme pattern consistent with that found on the left shoe.) Blood traces found on defendant's patio were consistent with Hubert's blood, but not with Pearl's or defendant's.

Witnesses Gina and Cruz Wilcox identified defendant as the man they saw standing next to a white pickup truck in front of their house on July 10, 1992; the truck was parked about a half mile from defendant's residence.

After conducting autopsies, a pathologist concluded that Hubert had suffered numerous internal and external injuries, including one likely fatal blow to the forehead that a blunt object such as a hammer had caused. Pearl too had been fatally struck on the head, extremities, and torso by a blunt object, leaving wounds similar to those inflicted on Hubert.

The defense introduced expert testimony disputing the prosecution's theory that the Hailses died as early as July 9 and attempting to cast doubt on certain witnesses' identifications of defendant.

At the penalty phase, the prosecution introduced evidence of defendant's prior burglary conviction. The defense called several witnesses. Defendant's mother testified that her husband physically abused her while she was pregnant with defendant. She said her husband later was physically abusive to defendant, starting as early as when defendant was a few weeks old, and that her husband shook defendant very hard and threw him into his bassinet. Defendant's mother added that, as a child, defendant had speech problems, wet his bed, was hyperactive, and was "slow to learn." Defendant's sister Janet testified that their mother beat defendant and her other six children on a daily basis and that she and another sister were placed in foster care because their father had molested them. An educational psychologist testified that her tests showed that defendant is mildly learning disabled. A doctor who recorded the electrical activity of defendant's brain testified that he discovered a dominant abnormality of the left side of defendant's brain that could have been caused by shaking. A clinical psychologist testified that trauma defendant received as a baby could have caused defendant's brain damage. The psychologist said his tests revealed a pronounced split between defendant's verbal and non-verbal intelligence.

II. GUILT PHASE ISSUES

A. Error in Excusing Prospective Juror Maria R.

Defendant first argues the court erred in excusing for cause Prospective Juror Maria R. because of her stated aversion to the death penalty. (See Wainwright v. Witt (1985) 469 U.S. 412, 105 S.Ct. 844, 83 L.Ed.2d 841.) He claims excluding Maria R. as a potential juror deprived him of his right to be tried by a fair and impartial jury. (U.S. Const., 6th & 14th Amends.; Cal. Const., art. I, § 16.) Defendant also claims the exclusion violated his rights to due process and a reliable penalty determination. (U.S. Const., 5th, 8th & 14th Amends.)

The record shows that, to evaluate prospective jurors' ability to serve in the case, the court required them to complete a questionnaire that asked their views regarding the death penalty. Maria R. answered that she did "not believe" in the death penalty and "could never vote for the death penalty even if someone were convicted of murder with special circumstances." She also answered "yes," however, to a question asking whether she could set aside her feelings against the death penalty when the court instructed her to do so.

Both the prosecution and defense moved to exclude for cause various prospective jurors solely on the basis of their questionnaire responses. Maria R. was among those whom the prosecutor challenged for cause. The defense observed that Maria R. indicated she could set aside her feelings about the death penalty. The court, without conducting voir dire of Maria R., nonetheless excused her, observing that, not only did she express strong views against the death penalty, but she also admitted that victim photographs would strongly affect and anger her, and that she would automatically accept the opinions of various professional medical experts.

Defendant now argues that the court erred in failing to conduct voir dire to clarify Maria R.'s views. The Attorney General responds that defendant waived the point by agreeing with the prosecutor that the court could resolve challenges for cause on the basis of the questionnaire responses alone. We first address the claim of waiver or forfeiture.

The record shows that the court asked whether, in addition to prospective jurors both parties agreed should be excused, "are there others that there's going to be a challenge for cause that you're willing to submit on the questionnaires?" Defense Counsel Goldstein acknowledged that he had agreed with the prosecutor to "submit on the questionnaire" challenges for cause to certain prospective jurors, and the court clarified that, although the parties could discuss these challenges with the court in chambers, they would be "thereby waiving your right to any further questioning...." The court also noted that if it denied any such challenges, counsel could later question the prospective jurors in voir dire if their names were called. Both defense counsel and prosecutor expressly agreed to this procedure.

After the defense's challenges were discussed in chambers and were either granted, denied, withdrawn, or submitted on the questionnaires, the prosecutor's challenges were similarly discussed, including the challenge to Maria R. (also referred to as Juror No. 116). Defense counsel, after simply noting that Maria R. had indicated in her questionnaire that she could set aside her beliefs against the death penalty, agreed to "submit it" without requesting further voir dire. The court then asked defense counsel, "[o]n this one specifically, you're agreeing to submit it at this point on the questionnaire without any additional clarifying questions?" Defense counsel replied, "yes." The court then discussed Maria R.'s questionnaire responses and indicated that it would grant the challenge for cause for the reasons started above. Defense counsel made no comment.

Therefore, we agree with the Attorney General that defendant has forfeited his right to complain of the court's failure to interrogate Maria R. further on voir dire. Defense counsel repeatedly agreed to let the court decide the challenge solely on the...