People v. Morelos
| Decision Date | 11 August 2022 |
| Docket Number | S051968 |
| Citation | 13 Cal.5th 722,514 P.3d 811,297 Cal.Rptr.3d 16 |
| Parties | The PEOPLE, Plaintiff and Respondent, v. Valdamir Fred MORELOS, Defendant and Appellant. |
| Court | California Supreme Court |
Michael J. Hersek and Mary K. McComb, State Public Defenders, under appointments by the Supreme Court, Kathleen M. Scheidel, Assistant State Public Defender, Sara Theiss and Caroline P. Cincotta, Deputy State Public Defenders, for Defendant and Appellant.
Kamala D. Harris, Xavier Becerra and Rob Bonta, Attorneys General, Gerald A. Engler and Lance E. Winters, Chief Assistant Attorneys General, Michael Farrell, Acting Chief Assistant Attorney General, Ronald S. Matthias and James William Bilderback II, Assistant Attorneys General, Glenn R. Pruden, Catherine A. Rivlin, Sarah J. Farhat and Alice B. Lustre, Deputy Attorneys General, for Plaintiff and Respondent.
Following a bench trial, Valdamir Fred Morelos was convicted of Kurt Anderson's first degree murder. ( Pen. Code,1 § 187.) The trial court found true that Morelos used a firearm in the commission of the murder (§§ 12022.5, subd. (a), 1203.06) and that three special circumstance allegations applied: murder in the commission or attempted commission of robbery (§ 190.2, subd. (a)(17)(A)); murder in the commission or attempted commission of specified sexual acts (sodomy and oral copulation) (§ 190.2, subd. (a)(7)(D), (F)); and intentional murder involving the infliction of torture (§ 190.2, subd. (a)(18)). The trial court further found true two prior serious felony enhancements (§ 667, subd. (a)) and two prior prison term enhancements (§ 667.5).
After a penalty phase bench trial, the trial court returned a verdict of death, and imposed that sentence. The court also imposed a consecutive prison term of 15 years, consisting of five years each for the firearm and two prior serious felony enhancements. The sentences for the prior prison terms under section 667.5, subdivisions (a) (three-year enhancement) and (b) (one-year enhancement) were stayed pursuant to section 654. This appeal is automatic. ( § 1239, subd. (b).)
We affirm the trial court's guilt determination, except as modified to strike the prior prison term enhancement under section 667.5, subdivision (b). We affirm the judgment of death. The prison sentence is vacated, and the matter is remanded for the trial court to consider whether to exercise its newly conferred discretion under Senate Bill Nos. 620 (2017–2018 Reg. Sess.) and 1393 (2017–2018 Reg. Sess.) to strike the firearm and prior serious felony enhancements, respectively.
Morelos waived jury at both the guilt and penalty phases. The guilt phase of the bench trial commenced on January 3, 1996. The prosecution presented evidence that Morelos forcibly sodomized, tortured, and murdered Anderson. Morelos, representing himself, testified at the guilt phase.
Neal Picklesimer, Morelos's former roommate, testified that, on October 17, 1992, he picked Morelos up from the Arena Hotel in San Jose, where Morelos was staying. The two went to several gay bars in San Jose: Renegades, Gregg's, Bucks, and Tinker's Damn. About an hour before closing time, the two left Tinker's Damn and went back to Renegades. Before Picklesimer left the bar, Morelos and Picklesimer made plans to get together the next day to see the air show at Moffett Field.
On October 18, 1992, Picklesimer and Morelos attended the air show and Picklesimer dropped Morelos back off at the Arena Hotel between 10:00 p.m. and 11:00 p.m.
Morelos testified that, after Picklesimer dropped him off at the Arena Hotel, he went to Renegades with the goal of robbing someone to obtain transportation and money. He was armed with two firearms, a .45 and a .38, as well as a knife. Morelos met Anderson at Renegades and told Anderson he wanted to show him something. Morelos took Anderson to an enclosed area, showed him the guns, and told Anderson to leave with him. Morelos testified that he intended to get as much money as he could out of Anderson and stated that Anderson owed him about $40. Morelos had Anderson drive him to the Arena Hotel, where he then took the keys to Anderson's Jeep and led Anderson back to his room. Morelos instructed Anderson to take his clothes off, then gagged and tied Anderson up using the sheets and towels from the hotel room. Morelos took Anderson's wallet, watch, and ATM card. Then Morelos sexually assaulted Anderson for approximately 45 minutes, penetrating his anus and mouth and forcing Anderson to orally copulate him. Morelos testified that he tied Anderson's hands behind his back and kept a knife drawn against Anderson in case Anderson tried to assault him.
Several hours later, Morelos hog-tied Anderson's feet and hands together and then used a strip of cloth to tie Anderson's feet to his neck. Morelos tied another piece of cloth around Anderson's neck and secured that to the ceiling fan. Then Morelos tied strips of cloth around Anderson's testicles and tied them to the ceiling fan in order to inflict extreme pain to force Anderson to give him the correct personal identification number for his ATM card. After getting Anderson's personal identification number, Morelos gagged and blindfolded Anderson and left the hotel room.
Morelos testified that he briefly left Anderson in the hotel room to access a nearby ATM machine. Although Anderson had two accounts, a checking and a savings account, both were low on funds and Morelos ultimately did not bother wasting his time to get money out of the accounts. He was extremely angry when he found out Anderson did not have any money.
Morelos went back to the hotel room, took the gag and blindfold off Anderson, then yanked the bindings on Anderson's neck and testicles while questioning and hitting Anderson. Anderson said the money in his bank accounts must have gone to rent through automatic transfer. Morelos testified that he was then done with Anderson, so at around 4:00 a.m. on October 19th, Morelos dressed Anderson in a pair of jeans and a T-shirt, walked him outside, and then down to the Jeep. Armed with the three guns and extra ammunition, Morelos drove Anderson up to Mount Hamilton Road. Morelos told Anderson he was going to tie Anderson to a tree and leave him there. When Morelos found a bushy, camouflaged area, he directed Anderson in that direction then told him to stop. Morelos explained to Anderson that he was not going to tie Anderson to a tree so that Anderson would believe he was going to be set free. Then Morelos shot Anderson in the head. Morelos testified that the gunshot did not kill Anderson; he fell down but was still alive. So Morelos shot him again, but the second shot did not kill Anderson. Morelos left Anderson there, reasoning that he would die eventually.
Morelos's sister testified that, at approximately 6:00 a.m. on October 19, 1992, Morelos drove to her house in a brown Jeep and told her that he had shot and killed someone. He told her that he had been in a motel with a man, tied him up, tied something around the man's genitals, and tied him to a ceiling fan. At first she did not believe him but then he showed her a handgun. Morelos told his sister that he had two guns, money, and the Jeep belonging to the man he killed. Morelos also told her that he shot the man behind the head somewhere up in the hills where they would never find the body. His sister, a probationer, told Morelos that she was expecting a visit from her probation officer and instructed him to leave.
According to Picklesimer's testimony, Morelos then called Picklesimer and asked if he could stay with Picklesimer for a while and Picklesimer agreed. When Picklesimer got home that night, Morelos was spray painting a Jeep black. Morelos told Picklesimer that he had picked up someone at a bar the night before, went back to his hotel room and had sex with him. Morelos described tying this person up, tying him to a ceiling fan, taking his ATM card and trying to get money from the ATM card. Morelos said that early the next morning he untied the man from the ropes and tied his hands behind his back, then took him in the Jeep up into the hills. Morelos told Picklesimer that the man was crying and pleading for his life and that Morelos shot him in the head. The man fell to the ground but was still alive, so Morelos shot him again. Morelos showed Picklesimer three guns he had in his possession: a .45 automatic pistol, a .357 revolver, and a small revolver. He also showed Picklesimer a Halston watch that Morelos said belonged to the man.
The next morning, on October 20, 1992, Picklesimer called Menlo Park Police to report what Morelos had told him. An officer spoke with Picklesimer and then told him that the Santa Clara Police Department had jurisdiction. Picklesimer spoke with Sergeant Zaragoza at the Santa Clara Police Department and did a drive by of his home with officers. Officers waited outside Picklesimer's house and Morelos was arrested when he returned to Picklesimer's home in the Jeep. When officers searched Morelos at booking they found an ATM card with the name of Kurt Anderson.
Before interviewing Morelos, law enforcement officers informed him of his rights under Miranda v. Arizona (1966) 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694. Morelos waived his rights and signed a Miranda waiver. His confession was audio and video recorded. Portions of the videotaped confession and the audio tapes of Morelos's interview were played at trial. Morelos directed officers to the site of the murder, approximately six miles southeast of Alum Rock Avenue on Mount Hamilton Road. There, officers recovered Anderson's body. Officers found .45-caliber cartridge casings and slugs near Anderson's body.
Forensic pathologist Dr. Parviz Pakdaman, who performed the autopsy on Anderson, testified that there was bruising on the shaft of Anderson's penis and on his scrotum. He further testified that a hard projectile...
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