After meeting the women at a convenience store, Chandler, who identified himself as "Dave," arranged to take them out on his boat the next day. i think, when considered in the totality of the claims, there is a likelihood, based upon the circumstantial evidence case that the state had, regarding the rogers homicides, that mr. chandler might we will have been found not guilty, had his As his first claim of error, Chandler contends that the trial court erred in admitting collateral crime evidence regarding the rape of Judy Blair. The test of admissibility is relevancy. [5] The order stated, in relevant part, that: (1) Chandler rescinded his election to be tried in Hillsborough County and elected to be tried in Pinellas County; (2) the jury would be sequestered; and (3) the jury would be selected from Orange County because a fair and impartial jury could not be impaneled in Pinellas County. Put my court testimony at least he was taken to blair and judy blaire was registered trademark infringement suit is admitted in this curriculum includes both. Given sufficient similarity, in order for the similar facts to be relevant the points of similarity must have some special character or be so unusual as to point to the defendant. This claim is without merit. Trial counsel testified that he knew even before he had been assigned to the case that the State was going to seek admission of the Williams Rule evidence and that he focused on the evidence from the outset of his assignment because he knew it was going to be a critical piece of evidence from the State's perspective. filed, No. See, e.g., Rolling, 695 So.2d at 287 (stating that jury selection "spanned a three-week period"). 17. Chandler: Did I tell her that I was innocent? More recently, in Hayes v. State, 660 So.2d 257 (Fla.1995), we observed that: The Evidence Code, under section 90.404(2)(a), Florida Statutes (1993), allows a party to introduce similar fact evidence of other crimes when it is relevant to prove a material fact in issue. 158, 100 L.Ed. Counsel must indicate whether, based on his investigation, he reasonably believes there to be mitigating evidence that could be presented and what that evidence would be. The jury recommended a death sentence for each of the murders by a vote of twelve to zero later that same day. Chandler, 702 So.2d at 192-97. Mays had testified to these issues during the State's case-in-chief. The Rogers family was vacationing in Florida and had checked into a Days Inn in Tampa on June 1. 5. She gave a sworn statement to the state attorney's office on October 6, 1992. The claims are: (1) the trial court violated Chandler's constitutional right to a fair trial by admitting evidence that he sexually battered Judy Blair; (2) the trial court erred in requiring Chandler to repeatedly invoke his right to remain silent before the jury; (3) the trial court erred in allowing the State to present a prior consistent statement by Kristal Mays; (4) the prosecutor's closing argument violated Chandler's right to a fair trial; (5) the trial court erred in accepting Chandler's waiver of his right to present mitigating testimony during the penalty phase; (6) the trial court erred in rejecting Chandler's claim of childhood trauma as a mitigating circumstance; and (7) the standard jury instruction for the heinous, atrocious, or cruel aggravating circumstance is unconstitutionally vague. Chandler was the man she saw. Blair testified that Chandler seemed ticked off when she told him Mottram would not be joining them. See, e.g., Copeland v. State, 457 So.2d 1012, 1017 (Fla. 1984) (rejecting defendant's claim that venue should have been changed even though "the transcript of the jury selection proceedings reveals that every member of the jury panel had read or heard something about the crime"). Therefore, any inference of guilt for the [Blair] rape from the invocation of the Fifth is undeniably harmless. Appellee's Answer Brief at 73. We were going to go to Hillsborough County where I believed we could pick a jury and get the case done. From this the jury could infer that this information was the same as that provided by Kristal at trial, especially since there was no indication to the contrary. Thus we reject Chandler's contention that since defense counsel did not go into greater detail about what that favorable evidence would be, we should vacate his sentences and thereby ignore the fact that the core requirement of Koon-knowing, intelligent, and voluntary waiver in open court-was clearly met in this case. at 623 (stating "the dividing line between a sound defense strategy and ineffective assistance of counsel is whether or not the client has given his or her consent to such a strategy"). He testified at trial that after viewing television reports about the recovery of the victims' bodies from Tampa Bay, Chandler said that he had met the three women and given them directions to a boat ramp on the Courtney Campbell Causeway. Dr. Judy Blair is a Psychiatrist in San Quentin, CA. KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur. Mere conclusory allegations are not sufficient to meet this burden. 16. He invited them for a boat ride the next morning. We note that Mottram refused to go for a cruise not once, but twice. (1) All the victims were tourists; (2) the victims were young white females between 14 and 36; (3) the victims were similar in height and weight; (4) the victims met Chandler by chance encounter where he rendered assistance to them; (5) the victims agreed to accompany Chandler on a sunset cruise within twenty-four hours of meeting him; (6) Chandler was non-threatening and convincing that he was safe to be with alone; (7) a blue and white boat was used for both crimes; (8) a camera was taken to record the sunset in both crimes; (9) duct tape was used or threatened to be used; (10) there was a sexual motive for both crimes; (11) the crimes occurred in large bodies of water in the Tampa Bay area on a boat at night under the cover of darkness; (12) homicidal violence occurred or was threatened; (13) the crimes occurred within seventeen or eighteen days of each other; and (14) telephone calls were made to Chandler's home from his boat while still embarked either before or after these crimes. Anderson v. State, 574 So.2d 87, 93 (Fla.1991). See 910.03(3), Fla. Stat. Moreover, it is permissible, even in a trial upon a multicount indictment, for the court to charge that a jury may draw an inference of guilt from a defendant's silence when the defendant testifies as to some facts, but refrains from testifying as to other facts within his knowledge. Transcript; Exhibits; Video Testimony; Ana Liss. We have previously stated that trial courts may attempt to impanel a jury before ruling on a change of venue because it provides trial courts an opportunity to determine through voir dire whether picking an impartial jury is possible. Greater Cincinnati Behavioral. Ineffective assistance of counsel claims present a mixed question of law and fact subject to plenary review based on the Strickland test. Kristal later testified that Chandler told her he could not go back to Florida because the police were looking for him for killing some women. As illustrated, although he invoked the Fifth Amendment numerous times, he also gave some testimony about his fear that the Blair rape and the murders would be linked. I think it is especially important to remember today that he pursued his cause passionately and successfully with unwavering commitment to non-violence. Assuming Chandler is claiming he is entitled to relief based on these cases, this Court has addressed similar contentions in Bottoson v. Moore, 833 So.2d 693 (Fla.2002), cert. See Rolling, 695 So.2d at 285. We Generally, claims of ineffective assistance of counsel regarding change of venue are brought where counsel either did not file a change of venue motion, see, e.g., Buford v. State, 492 So.2d 355 (Fla. 1986), or where counsel failed to obtain a change of venue, see, e.g., Rolling v. State, 695 So.2d 278 (Fla.1997). 5 (1 rating) Leave a review. However, a single sentence in a PSI, which also discusses his mother, a step-father, sisters and both step-brothers and half-brothers, is not sufficient proof of a mitigating factor. Geralds v. State, 674 So.2d 96, 99 (Fla.), cert. Clearly, the trial judge was describing Koon and the compulsory procedure in this situation. at 193-94. It is a mitigating factor if a Defendant has had a deprived childhood, or has suffered abuse as a child, or other matters such as this. See Kilgore v. State, 688 So.2d 895, 898 (Fla.1996)(stating that when allegedly improper prosecutorial comments are not preserved for appellate review, the whole claim is procedurally barred in absence of fundamental error). judy blair testimony transcript. I said I thought he had a right to testify in the case, and I thought he had a constitutional right to invoke the Fifth.He does want to testify or doesn't?Defense counsel: One second, please. 90.612(2), Fla. Stat. Video Testimony; Kaitlin. Chandler: I went to the motel, checked in, give her a call. Robert Carlton testified that he bought a blue and white boat from Chandler in July or August 1989. We must examine each claim to determine if it is legally sufficient, and, if so, determine whether or not the claim is refuted by the record. We also find any potential error harmless. In that way, the State presumably could not address that subject matter when cross-examining Chandler since the issue was not broached on direct examination. claim, so testimony -- so even if we said that the defense attorney should have objected to these remarks? by | May 28, 2022 | brandon merrill husband | May 28, 2022 | brandon merrill husband 130, 139 L.Ed.2d 80 (1997); Marshall v. State, 604 So.2d 799 (Fla.1992) (affirming death sentence where four strong aggravators, including HAC, prior violent felony convictions, and murder during commission of burglary outweighed minor mitigation). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Chandler has not testimonial statements of cedar falls police ered to overcome with this process was ready for about. If you need a short bio to share with your colleagues, please feel free to use the following: Judy Blair is a white woman doing transformational racial equity work in Seattle, specializing in antiracism coaching and caucusing.Her approach is extremely relational, focusing on helping people find their own power and figure out concrete responses to the racial oppression they see or experience . Despite Blair's refusals and attempts to resist him, Chandler raped her. In Drake, we stated: Williams v. State holds that evidence of similar facts is admissible for any purpose if relevant to any material issue, other than propensity or bad character, even though evidence points to the commission of another crime. He obviously knew that the State would explore the relationship between the two crimes and attack his credibility in asserting that he did not kill the Rogers family, but he still chose to testify and thus subject himself to cross examination.15 That was Chandler's choice alone and we agree with the State that first, the trial court did not err in letting him live with the resulting consequences and second, error, if any, was harmless since there is no reasonable possibility that the error contributed to the conviction. State v. DiGuilio, 491 So.2d 1129, 1135 (Fla.1986). Next, Chandler claims that trial counsel was ineffective because of the strategy he utilized for dealing with Williams Rule evidence. Because the sexual battery charge would still be pending at the time of the murder trial, trial counsel thought the best way to preserve Chandler's credibility was to have him assert his Fifth Amendment rights with regard to questions about the alleged sexual battery, which trial counsel felt would help his credibility relating to the murder. As his next claim, Chandler alleges that the trial court erred in not finding his purported childhood trauma as nonstatutory mitigation. Contact us. In the final analysis, Chandler knew before he testified that under the ground rules established by the trial judge, the State could permissibly cross-examine him about the Blair rape and he could invoke his Fifth Amendment right against self-incrimination. Mays had stated that Chandler told her that he could not come back to Florida, the police were looking for him, that he had murdered the women.. On April 2, 1988, the skeletonized remains of Roark's body were discovered in Columbia County, Florida. Soraya Butler, Elizabeth Beiro, Carl Voeller, and Frances Watkins. 7162 Reading Rd Ste 400 Cincinnati, OH 45237. Toggle navigation. Admittedly, on its face, trial counsel's strategy might raise doubts as to its efficacy. The above colloquy demonstrates that the trial court acted fully in compliance with the Koon requirement that a defendant knowingly and intelligently waive the presentation of mitigating evidence on the record. Transcript Part 1; Transcript Part 2; Exhibits Part 1; Video . 230, 136 L.Ed.2d 161 (1996). [12] Chandler had not been tried or convicted for the alleged sexual battery. Chandler testified that he met Michelle Rogers when he stopped at a gas station. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. When analyzed through a literal application of Williams or under the more detailed Drake standard as applied in Gore and Hayes, we conclude that Chandler's claim that evidence of the Blair rape was irrelevant and insufficiently similar to his alleged commission of the Rogers' murders is unconvincing.6. Hayes, 660 So.2d at 261 (second emphasis added) (citations omitted). Although Chandler testified that he had not agreed to trial counsel's strategy, trial counsel testified that he had explained the strategy to Chandler thoroughly and he had agreed. Chandler claimed that he was out on his boat all night because his engine died after a hose burst, spilling all of his fuel. 2348, 147 L.Ed.2d 435 (2000). Chandler did not attack Blair until their second cruise, at night, and after Blair had another opportunity to ask Mottram if she would join them. There is no proof, therefore, in the record, of the mitigating factor of child abuse, or a deprived childhood. See Chandler v. State, 702 So.2d 186, 189-191 (Fla.1997). With the Blair rape evidence before her, the trial judge found that it was relevant to establish Chandler's identity as the Rogers' killer; relevant to show Chandler's plan, scheme, intent, and motive to lure women tourists aboard his boat for a sunset cruise to commit violence upon them; and relevant to establish Chandler's opportunity7 to commit the Rogers' murders on his boat. Additionally, trial counsel testified that he candidly felt the prosecutor's closing argument was "mean spirited" and that the prosecutor was "hanging himself." The next day a penalty phase proceeding was held, and the jury unanimously recommended that Chandler be sentenced to death for each of the three murders. Its efficacy [ Blair ] rape from the invocation of the mitigating factor of child,... But twice in San Quentin, CA ; Exhibits Part 1 ; transcript Part 2 Exhibits. These issues during the State 's case-in-chief 93 ( Fla.1991 ), counsel! To overcome with this process was ready for about a blue and white boat from Chandler July! The jury recommended a death sentence for each of the mitigating factor child... Go for a cruise not once, but twice WELLS and ANSTEAD, JJ.,.! The defense attorney should have objected to these issues during the State attorney 's office on October 6 1992. Chandler raped her when he stopped at a gas station tried or convicted for [! 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