People v. Souza

• Decision Date: 31 May 2012
• Docket Number: No. S076999.,S076999.
• Citation: 141 Cal.Rptr.3d 419,277 P.3d 118,12 Cal. Daily Op. Serv. 5937,54 Cal.4th 90,2012 Daily Journal D.A.R. 7159
• Court: California Supreme Court
• Parties: The PEOPLE, Plaintiff and Respondent, v. Matthew A. SOUZA, Defendant and Appellant.

54 Cal.4th 90

277 P.3d 118

141 Cal.Rptr.3d 419

12 Cal. Daily Op. Serv. 5937

2012 Daily Journal D.A.R. 7159

The PEOPLE, Plaintiff and Respondent,

v.Matthew A. SOUZA, Defendant and Appellant.

No. S076999.

Supreme Court of California

May 31, 2012.

Michael J. Hersek, State Public Defender, under appointment by the Supreme Court, and C. Delaine Renard, Deputy State Public Defender, for Defendant and Appellant.

Bill Lockyer and Kamala D. Harris, Attorneys General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Bruce Ortega, William Kuimelis and Donna M. Provenzano, Deputy Attorneys General, for Plaintiff and Respondent.

CANTIL–SAKAUYE, C.J.

A jury convicted defendant Matthew A. Souza of the first degree murders of Regina Watchman, Dewayne Arnold, and Leslie K. Trudell (Pen.Code, § 187), and the attempted premeditated murders of Rodney James and Beulah John (Pen.Code, §§ 187, 664).¹ An allegation of multiple-murder special circumstance ( § 190.2, subd. (a)(3)) was found true, and defendant was found to have personally used a deadly weapon (an automatic rifle) in the commission of the murder. (§ 12022.5.) Following the penalty phase of the trial, the jury returned a verdict of death against defendant. The trial court denied the automatic motion to modify the penalty (§ 190.4, subd. (e)), and imposed a sentence of death, with additional consecutive terms of 25 years to life in prison on each of the three murder convictions plus 10 years for the firearm use, and concurrent life terms on both attempted murder convictions, all of which were ordered stayed pending imposition of the judgment of death. Defendant's appeal is automatic. (§ 1239, subd. (b).) We strike and modify the restitution orders; as so modified, we affirm the judgment.

I. FACTS

A. Introduction

In retaliation for an earlier incident in which their mother had been forcibly removed from a house party, defendant Matthew Souza, his brother Michael, and a third, unidentified man ² armed themselves with guns and drove to the apartment of murder victim Regina Watchman. At the party they opened fire on the partygoers; five people were shot, and three of the victims died.

The prosecution sought the death penalty against both brothers but only defendant's case proceeded to the penalty phase because the jury did not find the special circumstance true as to codefendant Michael Souza. ³

B. Guilt Phase

1. The prosecution's evidence

In December 1993, defendant, who was 18 years of age, and Michael, who was 19 years of age, were staying with their mother Rebecca Souza, in a room in Rebecca's cousin's apartment in Oakland, where Rebecca was living. Defendant and Michael did not have a permanent residence, and were dividing their time between relatives, family friends, and their mother's room in the Oakland apartment.

One evening in mid-December, Rebecca, who like all of the victims is Native American, attended a fundraiser at the Hilltop Tavern in Oakland, a popular gathering place for Native Americans. Rebecca, who attended the fundraiser with friends, began drinking alcoholic beverages before arriving at the tavern, and drank between five and 10 more beers while at the tavern, becoming noticeably intoxicated. At some point in the evening, victim Regina Watchman approached Hilary Leonesio and told her that she believed Rebecca was flirting with Leonesio's boyfriend, and that Leonesio should do something about it. When Leonesio confronted Rebecca, Rebecca stated that nothing had occurred, and Leonesio did not pursue the matter further. After the tavern closed, 10 to 15 people, including Rebecca, were invited to Regina Watchman's apartment for an “after party.” Rebecca did not know Watchman. Before leaving the bar, Rebecca searched for her purse, but could not locate it. Rebecca apparently had forgotten that she had placed her purse in the trunk of her friend Esther Dale's car for safekeeping.

Watchman's boyfriend Raymond Douglas was at the apartment that evening with Watchman's mother and four young children. When the guests arrived from the Hilltop Tavern at approximately 2:00 a.m. on December 19, 1993, Douglas began drinking with them. He testified that upon arrival, many of the guests appeared to be heavily intoxicated. He also testified that more alcohol was served at the apartment and some members of the group became “pretty drunk.”

At some point in the evening, Watchman forcibly removed Rebecca from the party. Numerous witnesses observed the altercation. Edward Arnold was a designated driver that evening, and did not consume any alcohol. He testified that he saw Watchman come down the stairway and ask if anyone wanted anything to drink. Rebecca asked who Watchman was, and Watchman responded that “This is my house.” Rebecca asked several more times whose house it was, and who Watchman was. Arnold believed from witnessing the interaction that Rebecca was attempting to provoke Watchman. Eventually, Watchman stated “This is my house, and I want you to leave.” Rebecca refused to do so, and instead continued to ask whose house it was, and who Watchman was. Eventually, Arnold observed as Watchman grabbed Rebecca by the hair and pulled her about 10 feet to the door. Rebecca was stepping along as Watchman pulled, and Arnold did not observe any hitting or kicking. Hilary Leonesio, Raymond Douglas, Lea Coss, and Martin Jones also witnessed the altercation, and testified similarly to Arnold. None of the witnesses reported seeing any punching or kicking by Watchman, and no one observed any visible injuries or blood on Rebecca. Edward Arnold drove Rebecca home after the altercation, along with Esther Dale and Jeri Davis. The drive to Rebecca's home lasted 20 to 25 minutes. Arnold testified that during the duration of the trip, Rebecca repeatedly stated that she was going to “get even” with “those people.” Arnold told Rebecca to calm down, get some sleep, and forget about it. Rebecca responded, “these people aren't going to get away with this. They're going to get—they will pay for this and I'm going to get even with them.” Dale testified that on the ride home from the party, Rebecca cried “a little bit.” Rebecca also stated that her head was hurting. Dale did not observe any blood or injuries on Rebecca. Thirty minutes after Rebecca was forced to leave the party, Jeri Davis called and asked Leonesio to look for Rebecca's purse and coat. Leonesio looked for the items, but could not find them.

Rebecca Souza testified that she was intoxicated at the party, and that she argued with Watchman, who told her to leave. She remembered being struck in the back of the head and being knocked down. Thereafter, she lay on her back as Watchman kicked her in the ribs and called her a “whore,” and then dragged her along the floor by her hair. She testified that no one else was involved in the altercation, and she believed Watchman was angry with her because of the incident earlier in the evening when Leonesio believed Rebecca was flirting with Leonesio's boyfriend.

At trial, Rebecca could not recall what she said in the car on the way home from the party. Her testimony at the preliminary hearing was admitted into evidence, however, and at that hearing she stated that during the drive home, she had said she “wasn't going to put up” with being thrown out of Watchman's party, claiming “[s]he can't do this to me, who does she think she is,” and that she was going to tell her sons. Upon arriving at the apartment, Rebecca was crying, in physical pain, and upset. On direct examination, she testified that she was in a state of shock and may have been “ hysterical.” Rebecca stated that upon arriving home, she noticed that she was bleeding from the mouth, although she was unsure how she had received the injury. She testified that there was blood on the front of her shirt, which she attempted to clean. After Rebecca changed into a clean shirt, her cousin attempted to clean the stain to no avail, after which Rebecca threw away the shirt. Rebecca did not tell the police about her shirt or her injury, and the cousin did not testify.

Sometime after she arrived home, defendant and his brother awoke, and Rebecca convinced them to take her back to the party. At the preliminary hearing, Rebecca testified that her reason for going back to the party was to “get even with [Watchman],” and that she wanted to “hit [Watchman] on the nose or something.” She further testified that she did not show her sons her injury, and “I don't think they knew anything about the injury.”

However, at trial, contrary to her preliminary hearing testimony, Rebecca testified that she wanted to return to the party to retrieve her purse, jacket, and identification, having realized her purse was missing sometime after returning home. Rebecca did not mention the missing purse or identification to police, but testified that she told her sons she wanted to return to the party to retrieve her belongings. Upon cross-examination, Rebecca stated that she had “probably” told her sons that she was beaten up, and “probably” showed them the cut on her mouth. She further testified that she told her sons she was assaulted by one woman, not a group of people, and that she may have told them that the woman who assaulted her was also the woman who told her to leave the party.

Rebecca and her sons left the apartment and drove around looking for the party, but could not find it. Although Michael stored a .22–caliber rifle at the apartment, they did not take the rifle with them. During the drive, Rebecca calmed down and stopped crying. When they could not find the party, Rebecca, defendant and Michael drove back to the Hilltop Tavern to look for Dale's car because Rebecca thought she might have left her purse and jacket in Dale's car. They then drove to Jeri Davis's house, but Davis was not home. Thereafter, defendant and Michael took Rebecca home, leaving the apartment again after she went to...