People v. Galafate

• Docket Number: F081563
• Decision Date: 09 June 2022
• Parties: THE PEOPLE, Plaintiff and Respondent, v. LENY PETERSON GALAFATE, Defendant and Appellant.
• Court: California Court of Appeals Court of Appeals

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THE PEOPLE, Plaintiff and Respondent, v. LENY PETERSON GALAFATE, Defendant and Appellant.

F081563

California Court of Appeals, Fifth District

June 9, 2022

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Kern County No SC036346B. Michael G. Bush, Judge.

Rebecca P. Jones, under appointment by the Court of Appeal for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen, Ross K. Naughton, Deputy Attorneys General, for Plaintiff and Respondent.

THE COURT^[*]

OPINION

INTRODUCTION

In 1989, appellant Leny Peterson Galafate and her then-husband codefendant Roman Galafate III, ^[1] were convicted after a joint jury trial of count 1, first degree premeditated murder, with the special circumstance that the murder was intentional and carried out for financial gain; and count 2, conspiracy to commit murder for financial gain. They were both sentenced to life in prison without the possibility of parole for count 1 with a stayed term of 25 years to life for count 2. In 1991, this court affirmed defendants' convictions and sentences on appeal. Thereafter, both defendants filed numerous writ petitions seeking postjudgment relief that were denied by the superior court and this court.

The instant appeal involves Leny's petition for resentencing pursuant to Penal Code^[2] section 1170.95, filed in 2019. Her petition alleged she was entitled to relief because she was not the actual killer, and her murder conviction was based on the felony-murder rule and/or the natural and probable consequences doctrine. The superior court appointed counsel and the parties submitted briefing. The court summarily denied the petition without holding a hearing.

In this appeal, Leny asserts the superior court improperly relied on this court's prior opinion to summarily deny her petition without a hearing, this court's prior opinion is likely unreliable, and she made a prima facie case for relief because the instructions allowed the jury to convict of murder her based on an imputed malice theory. We affirm.

FACTS^[3]

In the mid-1980's, defendants Roman Galafate (Roman) and his then-wife, Leny Petersen Galafate (Leny), resided with family members in Delano, California. Roman was an agent for Midland National Life Insurance Company (Midland National) and had an office in the MGM Professional Building in Delano. On September 9, 1985, defendants filed a voluntary petition in the United States Bankruptcy Court for the Eastern District of California. The court discharged their debts pursuant to chapter 7 of the Federal Bankruptcy Code on February 5, 1986.

Defendants maintained close ties with members of their extended family, including Reny and Violeta Petersen. Reny Petersen was Leny's uncle, her father's brother. Leny regularly visited Violeta Petersen, her aunt by marriage, and was godmother of Reny and Violeta's minor son, Chris. Roman wrote insurance policies for various family members, including a $75, 000 life insurance policy on Violeta Petersen in October 1985. That policy named her husband, Reny Petersen, as the beneficiary of the proceeds.

Approximately two weeks after the defendants received their discharge in bankruptcy, Roman processed an application for a $250, 000 insurance policy on the life of Violeta Petersen. The application was dated February 18, 1986, and named "Leny Petersen" as beneficiary of the proceeds. Leny Petersen was Leny's maiden name. Leny signed her aunt's name on the policy application. Although Violeta's address was 20857 Francis Drive in Richgrove (Tulare County), the application bore Roman's post office box number in Delano.

Sometime prior to Sunday, February 23, 1986, Roman purchased an $83 money order from the Miracle Market at 1643 Cecil Avenue in Delano. Store manager, Pete Medrano, required customers to pay cash for money orders but did not require presentation of identification. According to Medrano, the store personnel generally filled in the amount of the money order, and the customer completed the rest of the information. Although Roman admitted purchasing the $83 money order, the face of the instrument indicated Violeta Petersen purchased it on February 18, 1986.

Roman transmitted the completed application and money order to Midland National in Sioux Falls, South Dakota. Midland National received the documents sometime between 6:15 a.m. on Friday, February 21, 1986, and 6:15 a.m. on Monday, February 24, 1986.^[4]

Discovery of Mrs. Petersen's Body

Reny Petersen last saw his 34-year-old wife, Violeta, at their Richgrove home on Saturday morning, February 22, 1986. Violeta had received her paycheck the day before and was carrying $500 in cash. She planned to pay bills that day.

At 6:50 p.m. that day, Martha Salinas was traveling northbound on Browning Road from McFarland to Delano. At the intersection of Browning and Pond Roads, Salinas saw a large car speeding westbound on Pond Road. The car went through a stop sign, swayed, and almost crashed into Salinas's car. Salinas saw the male driver pull the car over and park. A few minutes after 7:00 p.m., Salinas returned by the same route and saw a body in the roadway in the vicinity of where the car had been parked. The body had not been there earlier. Salinas stayed at the scene until law enforcement officers arrived.

Kern County sheriff's deputies were dispatched to the scene and found the body of a fully clothed female lying on her back. A blueish-colored tongue protruded from the victim's mouth. The victim's sweater was pulled up over her head and a distinctive bruise surrounded her neck. Officers found a purse, jewelry, and several bank books scattered about the victim as well as loose fibers on her face and body. A wallet contained a driver's license in the name of Violeta Bacena Petersen. The officers did not find any money in either the purse or the wallet.

That same evening, Reny Petersen stopped by his father's grave on his way home from work. Sometime after 6:00 p.m., Reny realized Violeta was gone. After unsuccessfully attempting to locate her, Reny filed a missing person report with Tulare County Sheriff's Detective Charles Denchfield around 10:30 p.m. Denchfield relayed the information to his communications unit, the Delano Police Department, and the Kern County Sheriff's Department.

Around midnight, Kern County sheriff's detectives advised Reny his wife was dead. Detective Sergeant Craig Fraley took carpet samples from Reny Petersen's home several days later.

The Autopsy and Fiber Evidence

On February 24, 1986, Dr. Armand L. Dollinger, a forensic pathologist, performed an autopsy on the five-foot three-inch, 102-pound body of Violeta Petersen. Dr. Dollinger concluded Violeta died by asphyxiation caused by ligature strangulation sometime prior to 2:00 p.m. on February 22, 1986. The ligature could have been a rope or cord. The particularly prominent mark of the neck wound demonstrated considerable force was used to hold the ligature. Dr. Dollinger testified death by ligature strangulation would have taken several minutes. The right hyoid, a small bone in the throat, was fractured. Aside from the wounds to the neck, the victim had bruises on the back of the head, over the left eye, on the cheeks, and on the left wrist. The livor mortis (color from blood settling to the lower portion of the body), facial petechial hemorrhaging (breakage of small vessels), and flattening of the face showed the victim had been face down for at least two to six hours after death.

James A. Malouf, a Kern County coroner's investigator, concluded the victim must have been killed elsewhere, placed face down for a time, and later left face up on Browning Road. The victim's pants were wet, and her panty shield was soaked. However, there was no evidence of sexual assault. Dr. Dollinger said urination is a frequent occurrence during death by ligature strangulation.

During the autopsy, Kern County criminalist Bernadetta Rickard collected trace evidence and took biological samples for analysis. She recovered fibers from the victim's neck wounds, body sheet, mouth, and hair. Rickard testified these fibers were collected before the body was disrobed. However, the fiber taken from the victim's mouth was recovered much later than the ones taken from the body sheet. Further, the envelope containing the mouth fiber did not specifically state it had been recovered before the disrobing of the victim. The recovered fibers were various colors, including green, red, black, and multicolored. There were several red fibers but no green fibers in the neck wounds. There were one or two green fibers, and various multicolored fibers in the mouth and on the tongue. Rickard found one green fiber on a lock of hair, another green fiber on another portion of the victim's hair, and at least two green fibers on the body sheet. Overall, the fibers were primarily green.

Further Investigation

On the date of the autopsy, Roman telephoned Midland National in Sioux Falls and reported Violeta Petersen had died on February 22. Roman requested instructions on completing a claim and also inquired whether Midland National had received the victim's most recent policy application. Roman told Midland National personnel the application had been filled out the preceding Tuesday or Wednesday. He reported there were two policies - one for $75, 000 and one for $250, 000. Roman said the victim had been so pleased with the first policy that she wanted a second policy. Donald Lemke, Midland National Vice President of Claims, testified no policy was ever issued on the $250, 000 application.

On February 26, 1986, Kern County sheriff's officers found...