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Appx. Robinson next challenges the admission of State's Exhibits 13 to 16, which were e-mails sent to and from Trouten's friend, Tammi Taylor. We hold there was no misconduct. In the absence of any objection, we consider whether Judge Anderson had an affirmative duty to exclude Norman's testimony. Father of Private. Young opined that any number of these blows could have been fatal. Bodkin explained repeatedly that a child had never lied about sexual abuse in her 3 years on the job. The appellate court must also determine whether the evidence presented is relevant to prove the disputed material fact, i.e., whether it has any tendency in reason to prove that fact. Christys daughter continued to talk to Robinson by phone during trial., In the mid1990s, the court decision says, Robinson acquired roughly 17 acres of property at a secluded Linn County location. To the extent the court employs a harmless error analysis as part of the prejudice inquiry, we have described the standard as follows: Thus, the standard of review and the ultimate question that must be answered with regard to whether prosecutorial misconduct in the penalty phase of a capital trial was harmless is whether the court is able to find beyond a reasonable doubt that the prosecutorial misconduct, viewed in the light of the record as a whole, had little, if any, likelihood of changing the jury's ultimate conclusion regarding the weight of the aggravating and mitigating circumstances. First, Brown made a passing reference to Robinson's convictions in the Back Care and Kuti cases, the former of which Judge McClain handled through the preliminary hearing. She selected Ellis County, which had a population of 28,731, as another control group because it was geographically removed from the venue of origin and other metropolitan areas, yet its demographic makeup and crime rates were comparable to Johnson County. After the ruling, the prosecutor immediately explained that the State's argument was that Stasi would not have voluntarily relinquished her parental rightsan inference reasonably supported by the evidence. I must have been out in the hall and her fall-back answer, Nobody asked me. What do you think? 5. John Robinsons wife, Nancy Robinson, testified on his behalf at his trial. This fact is important because Hensley recognized a legally significant distinction between a juror's personal resort to religious values and his or her decision to consult a minister for guidance in deciding the sentence. Despite everything, Nancy testified that she still shared a bond with Robinson and that it would continue if the jury spared his life. And, if not [defendant], then who? did not constitute prosecutorial misconduct; comment was made in the context of arguing that the death penalty was appropriate, given the circumstances of the crime, and was within latitude granted to prosecutors). 213110(5). See Molina, 299 Kan. at 658 (evidence of gang membership and expectation that members engage in crime is not evidence that a particular person committed a particular crime on a particular occasion and is not excluded under K.S.A. Robinson believes Judge Anderson erred in denying the challenge of Juror 316, who expressed the view that the justice system is corrupted by defense lawyers who represent clients they know to be guilty. Robinson makes clear his challenge arises under the second part of the framework, arbitrary enforcement. Finally, the comments would have supported little weight in the minds of jurors. State v. Wilkinson, 269 Kan. 603, 606, 9 P.3d 1 (2000). Cunningham also had no serious concerns about Robinson's history of manipulating women inside prison, particularly Bonner. . The system simply does not function without it. Independently, Robinson argues the rulings constitute an abuse of discretion. I do think that life in prison is definitely a harsh punishment, also. The majority states no apparent motive for the Trouten killing. Robinson relies on Spain to argue that a course of conduct cannot include acts that are remote from one another in time, distance, and nature. Again, Robinson's argument is flawed. 213439(a)(1) through (7). 284 Kan. at 578. 222616(1): [1] the particular degree to which the publicity circulated throughout the community; [2] the degree to which the publicity or that of a like nature circulated to other areas to which venue could be changed; [3] the length of time which elapsed from the dissemination of the publicity to the date of trial; [4] the care exercised and the ease encountered in the selection of the jury; [5] the familiarity with the publicity complained of and its resultant effects, if any, upon the prospective jurors or the trial jurors; [6] the challenges exercised by the defendant in the selection of the jury, both peremptory and for cause; [7] the connection of government officials with the release of the publicity; [8] the severity of the offense charged; and [9] the particular size of the area from which the venire is drawn. State v. Higgenbotham, 271 Kan. 582, 592, 23 P.3d 874 (2001). 222616 in denying defendants' motions for venue change. After Sheila and Debbie left, Sheila's sisters received letters purportedly written by Sheila. Debbie was born with a number of birth defects, including cerebral palsy, which limited her ability to walk and control her bladder, forcing her to wear adult diapers later in life. Nancy, in particular, always stood by Robinson. The district judge denied the motion to strike the panel, finding that while Juror 173 had communicated a strongly held personal belief, it was not unlike others the parties had explored in previous panels. On September 3, the insurance policy Robinson placed on Lewicka's vehicle lapsed because of nonpayment of premium. At a family reunion in 1983, Donald and Helen told Robinson they were pursuing a private adoption. Preliminarily, I address the State's argument that these rebuttal comments were proper because they were made in response to defendant's closing argument. State v. Edgar, 281 Kan. 47, 66, 127 P.3d 1016 (2006); State v. Tosh, 278 Kan. 83, Syl. Once again, Robinson argues the evidence at trial established only that he took Trouten with the specific intent of engaging in a consensual BDS & M relationship with her. In particular, the prosecutor made comments beyond the scope of the evidence when he: (1) speculated whether Debbie Faith witnessed her mother's murder; (2) suggested baby Tiffany was ripped from Lisa Stasi's arms; and (3) discussed the contents of a letter sent to Lisa Stasi's brother. Trouten and Remington continued to communicate daily on ICQ, an instant messaging program on Yahoo. John Edward Robinson is widely considered to be the first serial killer to operate on the internet. There, defendant was convicted under the continuous sexual abuse of a minor statute, which prohibited any person residing with or having access to a child under the age of 14 to molest that child at least three times during a period of not less than 3 months. Here, Juror 147 consulted the Bible personally and did not engage in conversations with any nonjuror, let alone his personal minister, about the Bible's stance on the death penalty. John Edward Robinson (born December 27, 1943) is a convicted serial killer, con man, embezzler, kidnapper, and forger who was found guilty in 2003 of three murders and received the death sentence for two of them. Defense counsel asked Juror 484 whether her work counseling sex abuse victims would prevent her from serving impartially, given the State's allegations of Robinson's violence against women and his participation in BDS & M activity. Defendant's proposed instruction defining common scheme and course of conduct was not legally appropriate, and we hold there was no error. Deputy Thompson lifted one latent print from the roll of duct tape that did not match Robinson's known prints. 2516, 165 L.Ed.2d 429 (2006), the United States Supreme Court reviewed K .S.A. Ross confirms that the written request LCSD executed satisfied the requirements of K.S.A. The State offered no evidence at the sentencing hearing to suggest any of the convictions were sexually motivated, and the question was never at issue. Edward Robinson Obituary (1944 - 2022) - Legacy Remembers As to prosecutor Welch's questioning of Cunningham, her use of the word we're rather than you're is of little significance. Alleged Prosecutorial Misconduct Enhancing Jury Selection Errors. He leased the unit under Beverly Bonner's name, claiming that Bonner was his sister and that he was storing her belongings while she worked in Australia. Viewing the totality of the circumstances, we are confident that Juror 147's conduct was harmless beyond a reasonable doubt. Robinson believes Juror 173's comments about the uncharged homicide of Paula Godfrey and his characterization of Robinson as a predator tainted the entire panel. Robinson argues the trial court consistently denied counsel's efforts to utilize case-specific questioning to detect and disqualify panelists who would not realistically consider a life sentence in violation of K.S.A. When K.S.A. 'He didn't look dangerous': The truth about serial killer, con man John Robinson, relying on Haney, 299 Kan. 256, suggests the mere possibility that a continuance might yield fruitful mitigation evidence establishes good cause for relief. Berrigan and O'Brien had served as counsel to Robinson for roughly 7 months prior to Thomas' withdrawal, and they had another 7 months to prepare thereafter, thanks to Judge Anderson's order granting Robinson's first continuance motion. The comments highlighted by Robinson fail to establish a violation of the neutral and detached magistrate requirement. 273 F.3d at 1210. Robinson's substantive due process challenge is premised on the district judge's rulings on the parties' challenges for cause of Jurors 185 and 271. John Edward Robinson - Wikipdia, a enciclopdia livre Robinson also cites to United States v. Chanthadara, 230 F.3d 1237 (10th Cir.2000), in support of his position. The logic of Kleypas does suggest that jurors who would consider evidence in mitigation only in the rarest and most exceptional circumstances are substantially impaired. 211, 223, 43 A.3d 1044 (2012). Sufficiency of The EvidenceCounts I and V. Robinson claims the evidence was insufficient to support the jury's convictions on Count I, aggravated kidnapping of Trouten, and Count V, first-degree premeditated murder of Stasi. The Criminal Code defined deception as knowingly and willfully making a false statement or representation, express or implied, pertaining to a present or past existing fact. K.S.A. Also, by statutory definition, there is but one offense because the legislature defined the unit of prosecution as more than one murder tied together by or constituting parts of a common scheme or course of conduct, even if committed in discrete acts. Did the trial court apply an incorrect legal standard? 1. The prosecutor asked Glines why she wanted Robinson to stop calling her, and she explained: He was wanting me to come back here and live with him, work for him and totally abandon, so to speakor never speak to any family again. The trial judge is in a better position than an appellate court to view the demeanor of prospective jurors as they are questioned. State v. Manning, 270 Kan. 674, 691, 19 P.3d 84 (2001), disapproved on other grounds by State v. King, 288 Kan. 333, 204 P.3d 585 (2009). Beverly Bonner lived in Cameron, Missouri, with her husband, Dr. William Bonner, and their two sons. He didn't seem to care for the fact that I had other interests besides him. Like elsewhere, the gatekeeper in this State is the prosecutor, who has unfettered discretion in any capital-eligible case to seek, or to not seek, the death penalty. Robinson argues 52 of the 83 panelists (nearly 63 percent) passed to the third phase were biased. See State v. Scott, 271 Kan. 103, 117, 21 P.3d 516 (highly encouraging courts to follow the language found in the PIK instructions unless facts of case dictate otherwise), cert. In supplemental briefing, Robinson challenged Instruction No. Johnson met the criteria for post-traumatic stress disorder, and exhibited symptoms of dissociative and mood disorders, evidenced by bouts of psychosis, extreme mood fluctuations, flat affect, and episodes of mania, court documents said. At the start of the eighth day of trial, Juror 214 was excused because of an emergency medical hardship in her family and was replaced by Alternate Juror 340. However, Judge McClain made this comment while disclosing his previous investigation and prosecution of Robinson in a financial crimes case. The legislature's 1976 amendment to K.S.A. Did the State present a multiple acts case? However, the interruption left jurors only with the knowledge that the prosecutor was offended by some argument the defense had made, a relatively benign statement. 2726, 275577, 192 L.Ed.2d 761 (2015) (Breyer, J., joined by Ginsburg, J., dissenting), in which they called for a reexamination of whether the death penalty, in and of itself, constitutes a legally prohibited cruel and unusual punishment under the Eighth Amendment to the United States Constitution. After Tiffany's birth, Stasi's marriage crumbled and Carl reenlisted in the Navy. However, defendant did not specify how [law enforcement officer's] testimony was inconsistent with the statements recorded on the video or even explain how [law enforcement officer's] testimony could have been impeached by the video. 300 Kan. at 438. Izabela Lewicka was born in Poland on April 11, 1978. Debbie had cerebral palsy. 60464 (proper foundation required prior to receiving writing into evidence). Judge Anderson overruled the objection, explaining defense counsel was entitled to go into the factual basis of the charges to the extent it was consistent with the anticipated trial evidence or reported media facts. On January 11, Klingensmith filed a missing persons report with the Overland Park Police Department. He sees John Robinsonnothing, says nothing about Robinson being an inmate. The owner, Meyers, specifically recalled selling two of the books to Lewicka. 60455. Defendant also contends Judge Anderson's order is erroneous because it fails to address the constitutionally based venue challenge apart from his statutory challenge. Robinson next argues law enforcement officers exercised police powers beyond their territorial jurisdiction, in violation of K.S.A. The State also charged Robinson with aggravated kidnapping of Trouten (Count I), theft of Vicki Neufeld's property (Count IV), first-degree premeditated murder of Lisa Stasi (Count V), and aggravated interference with Stasi's parental custody (Count VI). Did common scheme or course of conduct require definition? Robinson argues the evidence seized pursuant to, or as a result of, the four pen registers, one wiretap order, and four search warrants Judge McClain issued in this case should have been suppressed because he was not a neutral and detached magistrate. Because Robinson asserts error of a constitutional magnitude, we can affirm his death sentence only if there is no reasonable possibility that the juror's misconduct affected the outcome of the trial. See Williams, 299 Kan. at 562. The trial court excused 268 of the 430 veniremembers (62 percent) based on their bias, and 8 of 12 jurors entered the box with preconceived opinions of guilt. Thus, the weight of this factor in the overall analysis is diminished. Robinson argues the prosecutor interfered with his exercise of peremptory challenges by infecting several small group panels with misstatements of law. 133514, 2014 WL 2943598, at *23 (E.D.La.2014) (unpublished opinion) (text messages converted to e-mail format and forwarded to counsel for printing constituted original for best evidence purposes). Authorities argued in court that Robinson murdered one victim 19-year-old Lisa Stasi because he wanted to take her 4-month-old daughter and give the infant to his brother and sister-in-law, who were unable to have children.
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