People v. Doolin

• Decision Date: 05 January 2009
• Docket Number: No. S054489.,S054489.
• Citation: 198 P.3d 11,87 Cal.Rptr.3d 209,45 Cal.4th 390
• Court: California Supreme Court
• Parties: The PEOPLE, Plaintiff and Respondent, v. Keith Zon DOOLIN, Defendant and Appellant.

198 P.3d 11

45 Cal.4th 390

87 Cal.Rptr.3d 209

The PEOPLE, Plaintiff and Respondent, v. Keith Zon DOOLIN, Defendant and Appellant.

No. S054489.

Supreme Court of California.

January 5, 2009.

Robert Derham, under appointment by the Supreme Court, San Anselmo, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Eric Chistoffersen and Lloyd G. Carter, Deputy Attorneys General, for Plaintiff and Respondent.

CORRIGAN, J.

A jury convicted defendant Keith Zon Doolin of the first degree murders¹ of Inez Espinoza and Peggy Tucker, and the attempted murders² of Alice Alva, Debbie Cruz, Marlene Mendibles, and Stephanie Kachman. For each crime, the jury found that defendant personally used a firearm.³ For each attempted murder, the jury found defendant personally inflicted great bodily injury on the victim.⁴ The jury found true the special circumstance allegation of multiple murder,⁵ and returned a verdict of death.

The court denied defendant's motions for a new trial⁶ and penalty modification⁷ and sentenced defendant to death. The court imposed and stayed a determinate sentence on the noncapital felony counts and enhancements.

This appeal is automatic.⁸ We affirm the judgment in full.

I. FACTS AND PROCEEDINGS

A. Guilt Phase

1. Overview of Prosecution's Case

Between November 2, 1994, and September 19, 1995, defendant murdered two Fresno prostitutes and attempted to murder four others. At trial, each surviving victim identified defendant as her assailant. One decedent's boyfriend saw her enter a car defendant was driving on the night she was murdered. Ballistics evidence established defendant's Firestar .45-caliber handgun was used to kill Espinoza and Tucker. Shell casings found at the Espinoza and Kachman crime scenes were fired from that same weapon. Defendant's sister lived with him during the time the shootings occurred. Her Lorcin .25-caliber pistol "probably" fired the shell casings found at the Alva crime scene. Tire impressions left at the Mendibles and Espinoza crime scenes were similar to the tread on defendant's truck tires.

Incriminating statements and other evidence linked defendant to the crimes.

The defense consisted of evidence of alibi, mistaken identification, and third party culpability.

A summary of the evidence adduced at trial follows.

a. The Two Murders and Four Attempted Murders

(1) Attempted murder of Alice Alva

On the night of November 2, 1994, Alice Alva was working as a prostitute. Defendant pulled up next to her in his pickup truck and offered her $30 for sex. Alva got into the truck, and defendant drove to a nearby cul-de-sac. When Alva asked for payment, defendant pointed a silver gun at her and said, "I'm going to fuck you all night." Frightened, Alva told him, "I'll do whatever you want, but before we have sex, I need to use the bathroom." Defendant agreed, but warned Alva, "Don't try anything stupid because you won't be the first girl I shot and killed." Alva left the truck and ran. She heard three or four shots, was shot in the leg, and fell to the pavement. When she saw defendant approach with the gun in his hand, she pretended to be dead. Defendant got in the truck and sped off.

The police recovered three .25-caliber shell casings in the roadway near where Alva had fallen. Dr. Ralph Koo treated Alva, who had a bullet lodged in her fractured right tibia. Because of the risk of complications, including paralysis, Dr. Koo did not remove the bullet.

(2) Attempted murder of Debbie Cruz

Around midnight on December 29, 1994, Debbie Cruz was working as a prostitute when defendant picked her up in his truck and drove to an alley. As Cruz began to undress, defendant said, "I guess you're waiting for money." He then pulled a small silver gun from his pocket and shot her. Cruz opened the passenger door, fell out, and crawled away. She collapsed at a nearby house and a resident called police.

Officer Jack Gordon responded. Based on the size of Cruz's wound, Gordon believed she had been shot by a small caliber gun, possibly a .22. A treating physician determined the bullet entered Cruz's left hip, passed through her abdomen, and perforated her small intestine. The bullet was left in place following emergency surgery.

(3) Attempted murder of Marlene Mendibles

Around 1:00 a.m. on July 29, 1995, Marlene Mendibles was working as a prostitute and accepted defendant's offer of a ride in his truck. Defendant drove for a while, pulled over, and ordered her to disrobe, threatening to shoot her if she did not comply. When defendant pulled out a large silver gun, Mendibles grabbed her bag, opened the passenger door, and told him she would walk. Standing beside the truck, Mendibles told defendant, "I bet you remember me," and he replied, "I bet you remember me, too." She then heard a "pop." Defendant drove away and Mendibles fell to the ground. She was rendered a paraplegic by the shooting.

(4) Murder of Inez Espinoza

At 4:20 a.m., the same morning of the Mendibles shooting, Alice Trippel heard a gunshot. At 4:30 a.m., Carmen Ramos, who lived nearby, heard screaming. Around 11:00 a.m., Ramos's daughter, drove to her mother's home. As she approached the carport, she saw the dead body of prostitute Inez Espinoza in an alley near the home.

Detective Robert Schiotis examined Espinoza's body and saw a gunshot entry wound in her lower right back with an exit wound several inches below her navel. He removed a large caliber bullet and a piece of the copper casing from Espinoza's clothing. He also recovered a spent .45-caliber shell casing, a condom, and a torn Trojan brand condom wrapper. He also noted tire tracks and "traction marks of a car taking off in a hurry."

The autopsy surgeon observed a gunshot wound above Espinoza's right hip. The presence of powder marks near the entry wound indicated the gun had been pressed against her clothing when fired. The bullet had severed a major artery. She died from internal bleeding.

(5) Attempted murder of Stephanie Kachman

On August 11, 1995, about 3:00 a.m., defendant drove up beside Stephanie Kachman in a small white truck. She agreed to have sex and got in the truck. Defendant drove into an alley and stopped. When Kachman asked to be paid, he pointed a gun at her head and told her to take off her clothes. Kachman told defendant she needed to get out of the truck because a leg injury made undressing difficult. They both left the truck.

While Kachman undressed, defendant put on a condom and placed his gun on the truck seat. They began to have intercourse, but Kachman lost her balance and stumbled. As she ran out of the alley, she heard defendant's truck approaching. She looked back and saw defendant shooting at her through his window. Kachman was hit twice and fell to the ground. A nearby resident summoned the police.

Seven shell casings were recovered near the scene. Kachman sustained two through and through bullet wounds, one in her back and the other in one of her thoracic vertebrae.

(6) Murder of Peggy Tucker

On the night of September 18, 1995, Peggy Tucker and Rick Arreola left their motel and walked to an area in West Fresno. Tucker walked ahead with Arreola trailing at a distance.

Arreola saw a Lincoln Town Car drive up next to Tucker, who spoke to the driver and then got into the front passenger seat. Arreola watched as the car drove into an empty lot and out of his sight.

As Arreola stood on the center divider waiting for Tucker to return, he saw the Lincoln drive by. The car's dome light was turned on and the driver, whom Arreola identified as defendant, appeared be alone.

On the following morning, Tucker's body was found in an alley. When told of Tucker's death, Arreola spoke with police and described the Lincoln Town Car by color and license plate number. Defendant's mother, Donna Doolin Larsen, owned a similar vehicle.

Tire tracks at the Tucker murder scene reflected an "acceleration mark" indicating the vehicle left at high speed. Two packages of condoms were recovered from Tucker's right hand. There was blood on her back, in her mouth, and on the ground nearby.

Tucker's autopsy revealed that she had been shot in the right hip. The gun was probably fired from two to four inches from the body based on stippling and soot marks. The perforation of two major blood vessels and the intestines caused fatal blood loss and shock. Three bullet fragments were recovered from the body.

b. Defendant's Arrest and Statements to Police

(1) First police interview

On October 18, 1995, defendant was arrested and read his Miranda⁹ rights. Defendant said he understood them and was taken to police headquarters. There, Detectives Robert Schiotis and Albert Murrietta again explained defendant's Miranda rights, which he waived.

Defendant told the detectives he was a trucker and recently had been working for a towing company and a recycling center. He reported he had been a civilian employee of the Army, Navy, and Marines.

Defendant admitting owning a 1984 Toyota pickup. He initially denied knowing about the prostitute shootings, but then conceded he had heard that prostitutes were being robbed and shot.

The detectives said they knew defendant owned a gun and that one of the victims had identified him as her assailant. Defendant said he owned a .45-caliber Firestar Compact, which was in his house. It was his "personal gun," which he alone used. He bought the Firestar for protection because it "shoots with both hands," and he was ambidextrous. He had fired the gun about 150 times at an indoor shooting range but did not carry it.

Defendant had previously owned and sold two rifles. In his safe, he occasionally kept guns belonging to friends. Currently his safe contained a .44-caliber automatic and possibly a nine-millimeter Taurus. When asked about a bulletproof vest found in his house, defendant said he bought...