People v. Corsiglia
| Decision Date | 07 March 2017 |
| Docket Number | A145944 |
| Parties | THE PEOPLE, Plaintiff and Respondent, v. RODNEY EDWARD CORSIGLIA, Defendant and Appellant. |
| Court | California Court of Appeals Court of Appeals |
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(San Mateo County Super. Ct. No. SC077263A)
A jury convicted Rodney Edward Corsiglia of several felonies, including second degree murder (Pen. Code, § 187, subd. (a)),1 vehicular manslaughter (§ 192, subd. (c)(1)), and reckless driving causing injury (Veh. Code, § 23105, subd. (a)). The court sentenced Corsiglia to a state prison term of 33 years and 8 months to life.
Corsiglia appeals. He contends his convictions should be reversed because: (1) trial counsel was ineffective by failing to investigate and present a "dementia" defense; (2) some statements Corsiglia made to the police should have been excluded because the police obtained them in violation of Miranda;2 and (3) trial counsel was ineffective by failing to properly object to the admission of the statements.
We affirm.
This case stems from a fatal car accident that occurred in July 2012 in San Bruno. Before the fatal car crash, Corsiglia was involved in seven other collisions. The Department of Motor Vehicles ("DMV") suspended and reinstated Corsiglia's driver's license numerous times; at the time of the collision, Corsiglia's license was suspended.
The prosecution charged Corsiglia with two counts of second degree murder (§ 187, subd. (a)), two counts of vehicular manslaughter (§ 192, subd. (c)(1)), two counts of reckless driving causing injury (Veh. Code, § 23105, subd. (a)), and one count of driving with a suspended license (Veh. Code, § 14601, subd. (a)). The information also alleged certain offenses resulted in great bodily injury.
Corsiglia has suffered from seizures since the late 1980's and had a brain tumor removed in 1986. In the 1990's, Corsiglia suffered a recurrence of seizures. Corsiglia suffered from "localization-related epilepsy." He experienced "partial complex seizures where people don't remember what happened" and where they go through "automatic or robotic types of behavior."
Corsiglia's doctors prescribed various medications, but none were successful in controlling his seizures. In 2003 or 2004, a surgical procedure to locate the part of Corsiglia's brain causing his seizures went badly when Corsiglia experienced a seizure during the procedure. As a result, he suffered subdural bleeding on the surface of his brain. Corsiglia had difficulty speaking for several months afterwards and was unwilling to attempt the procedure again.
A neurologist, Dr. Jeffrey Javerbaum, saw Corsiglia on an annual basis. There were times when Dr. Javerbaum felt that it was safe for Corsiglia to operate a motor vehicle, but, by 2011 or 2012, Dr. Javerbaum no longer felt Corsiglia had sufficient control of his seizure condition to operate a vehicle. On June 15, 2011, Dr. Javerbaum told Corsiglia he should not be driving. Dr. Javerbaum reported Corsiglia to the DMVbecause Corsiglia continued to drive despite Dr. Javerbaum's warning. Dr. Javerbaum sent Corsiglia a letter stating he should not drive for at least one year.
In August 2011, Corsiglia asked Dr. Javerbaum to submit a form to the DMV requesting reinstatement of his license, but the doctor refused. Dr. Javerbaum refused similar requests in September 2011 and February 2012. In May 2012, Corsiglia told Dr. Javerbaum his license had been reinstated. The doctor was stunned because he still had doubts about Corsiglia's ability to drive safely. In fact, Corsiglia's license had not been reinstated.
In 2002, Dr. Javerbaum referred Corsiglia to Dr. Everett Austin, a neurologist who specializes in epilepsy seizures. Dr. Austin also told Corsiglia he should not be driving. On June 30, 2011, Corsiglia had a seizure in Dr. Austin's presence, but afterwards Corsiglia did not understand what had occurred. Dr. Austin told Corsiglia he should not be driving because his seizures were not controlled and he did not have full awareness of them. Corsiglia had difficulty accepting the recommendation and wanted to drive because he lived alone, felt he needed a car for transportation, and had a new truck even though he did not have a driver's license. In July 2011, Corsiglia had another seizure in Dr. Austin's office. Again, Corsiglia was not aware it occurred and Dr. Austin told him not to drive.
Corsiglia was involved in seven collisions prior to the July 2012 accident. In April 2002, Corsiglia struck a car on Highway 101 in Millbrae. The car suffered extensive damage, the driver of the car was injured, and Corsiglia had to be extracted from his pickup truck with the "jaws of life." Corsiglia did not remember the collision and stated he likely had a seizure. The California Highway Patrol ("CHP") reported the incident to the DMV.
On May 25, 2007, Corsiglia was involved in two accidents on the same day. Corsiglia's pickup truck rear-ended a car stopped at a red light in Redwood City. Before the collision, the passenger in Corsiglia's truck noticed Corsiglia became quiet and unresponsive. Corsiglia was still in a trance-like state after the collision and appeareddisoriented. He did not remember the accident. Redwood City police determined Corsiglia had a seizure and submitted paperwork to the DMV.
Later that day, while his pickup truck was at a repair shop, Corsiglia rented a car. On his way home, Corsiglia drove through at least four stop signs, then ran a red light, and collided with two cars. One car suffered extensive damage and its occupants were injured. After the collision, Corsiglia appeared confused and disoriented. He told San Bruno police he passed out while driving, but later stated seizures caused the accidents and that they were his first seizures in about a year.
In May 2008, Corsiglia's pickup truck hit a parked car, a van, and a fire hydrant in Redwood City. Corsiglia told Redwood City police he was looking down at his radio when the collision occurred. Five months later, in October 2008, Corsiglia struck a vehicle from behind on Highway 101. Corsiglia did not immediately stop, but eventually did so when his car's left front tire flew off. The collision damaged three cars. Corsiglia told the police he did not know how the accident happened.
In September 2010, Corsiglia collided with two cars at an intersection in San Bruno when he turned right out of a left-turn-only lane and drove through a red light into oncoming traffic. Corsiglia denied having a seizure, but he was unable to explain why he turned right. A San Bruno police officer reported Corsiglia to the DMV.
In May 2011, Corsiglia hit a utility truck and a car on Highway 280. Corsiglia was driving at approximately 100 miles per hour and his car came to a stop in the center median of the freeway. Corsiglia appeared distracted and the CHP officer had to repeat questions. Corsiglia remembered striking the vehicles, but he did not know why he was driving so fast or how he ended up in the center median.
The DMV first suspended Corsiglia's license in April 2000. Corsiglia challenged the suspension and the DMV sustained it, finding Corsiglia's ability to operate a vehicle was affected by lapse of consciousness related to chronic and/or excessive use ofalcohol.3 In February 2001, the suspension ended and the DMV reinstated Corsiglia's license.
The DMV suspended Corsiglia's license a second time in July 2002. Corsiglia requested a hearing and the hearing officer continued the suspension. In December 2003, a DMV hearing officer continued the suspension a second time and paperwork provided to Corsiglia indicated seizures were in part the basis for the suspension.4 After Corsiglia passed a written and road test, the DMV reinstated Corsiglia's driving privileges in March 2005.
In June 2007, the DMV suspended Corsiglia's license a third time. Corsiglia requested a hearing and submitted a form to the DMV stating he did not suffer from seizures. The DMV hearing officer continued the suspension. After another hearing in March 2008, the DMV reinstated Corsiglia's driving privileges in early May 2008.
When a San Bruno police officer reported Corsiglia to the DMV due to his September 2010 collision, Corsiglia called the officer and begged him not to do so stating it would jeopardize his job and driver's license privilege. As a result of the report, the DMV suspended Corsiglia's license a fourth time in October 2010. It was reinstated in late November 2010.
When Dr. Javerbaum notified the DMV Corsiglia suffered from a seizure disorder, the DMV suspended Corsiglia's license a fifth time effective June 27, 2011. At an August 2011 hearing, the DMV sustained the suspension, finding Corsiglia suffered from lapses of consciousness or control, and noting that he was "deemed to be a risk to traffic safety at this time in that he was involved in two major traffic collisions within a one-year period."
On July 28, 2012, while his license was still suspended, Corsiglia rear-ended and collided with vehicles stopped at an intersection in San Bruno. Five vehicles were involved in the collision, including a Toyota Corolla and a Dodge Ram pickup truck. The Toyota Corolla's two occupants died at the scene from multiple blunt injuries. Corsiglia was traveling between 67.5 and 82.5 miles per hour when he hit the Toyota Corolla. Occupants of the Dodge Ram pickup truck suffered injuries including a concussion and knee injury, and head injuries that required...
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