Oba Chandler was charged with three counts of first-degree murder for the murder of Joan Rogers, and her two daughters, Michelle and Christe. Illustrative of the trial court's thorough analysis of all proffered mitigators is its treatment of this issue, Chandler's alleged childhood trauma: 7. He became more likely would reverse and judy blair court testimony during a rising criminal. Share Save. Aside from filing the notice, Chandler provides no argument other than that the cases "may be relevant to the issues raised in this cause." In Peek, the principal similarities were that the crimes occurred within two months of each other in the same town, and both women were white females who were raped. And, again, I ask you to keep that separate." [11] Postconviction counsel, while conceding that trial counsel did not admit guilt to the murders, compares this case to Nixon v. Singletary, 758 So.2d 618 (Fla.2000), wherein the Court held that defense counsel must have defendant's consent before counsel can make a tactical decision to admit guilt of murder during the guilt phase of a trial in an effort to persuade the jury to spare defendant's life during the penalty phase. 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. For example, the following exchange occurred regarding Chandler's November 1989 visit with his daughter, Kristal Mays,12 in Cincinnati: Prosecutor: Tell me how it came out, Mr. Chandler. Certainly [it] cannot come as a surprise to you or your client.This is exactly what I said last night. at 193-94. Waiver of Right to Present Mitigating Testimony. Greater Cincinnati Behavioral. In this case, Kristal Mays testified during the State's case-in-chief that Chandler admitted that he committed the murders when he visited her in November 1989.16 However, on cross-examination, defense counsel elicited alternative purported motives for Mays to testify falsely: the October 1990 drug money theft where her husband was severely beaten after Chandler fled, and her receipt of money for appearing on Hard Copy in 1994. This Court has repeatedly stated that "strategic decisions do not constitute ineffective assistance of counsel if alternative courses have been considered and rejected and counsel's decision was reasonable under the norms of professional conduct." [2] Huff v. State, 622 So.2d 982 (Fla.1993). Although cross-examination is generally limited to the scope of the direct examination, the credibility of the witness is always a proper subject of cross-examination. 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. Trial counsel's written memorandum regarding his strategy for dealing with the Williams Rule evidence was introduced at the evidentiary hearing. denied, 520 U.S. 1122, 117 S.Ct. [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. At trial, she identified the clothing Chandler had been wearing that night. Id. Judy Mogul Video Testimony (Transcript and Exhibits previously released) Maggie Moran Transcript Exhibits John Maggiore Transcript Exhibits Matt McGrath Transcript Exhibits Harold Moore Transcript Exhibits Jefrey Pollock Transcripts Exhibits Larry Schwartz Transcript Exhibits Lis Smith Video Testimony (Transcript and Exhibits previously released) The cumulative effect of the numerous similarities between the two crimes is the establishment of a unique modus operandi which points to Gore as the perpetrator of the Roark homicide. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Trial counsel's fears about Chandler's version of events were supported by Chandler's *1043 testimony at the evidentiary hearing. To achieve the goal of avoiding such problems, we instituted the following procedure for use when defendants wish to waive presentation of mitigating evidence during the penalty phase: When a defendant, against his counsel's advice, refuses to permit the presentation of mitigating evidence in the penalty phase, counsel must inform the court on the record of the defendant's decision. I have never-its's ludicrous. Find Dr. Blair's address and more. Chandler claimed that he was out on his boat all night because his engine died after a hose burst, spilling all of his fuel. Additionally, trial counsel testified that he candidly felt the prosecutor's closing argument was "mean spirited" and that the prosecutor was "hanging himself." judy blair testimony transcriptovercoming storms in life speech outline. [15] Because there was no question of identity in the alleged sexual battery case, the only defense available to Chandler was that he had consensual sex with Blair. Furthermore, Chandler has not brought forth evidence demonstrating that there is a reasonable probability that the trial court would have, or at least should have, granted a motion for change of venue if defense counsel had presented such a motion to the court. 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. Filed: There is no proof, therefore, in the record, of the mitigating factor of child abuse, or a deprived childhood. While we recognize that the statement may have bolstered Mays' credibility, we conclude, after considering the context in which Mays' testimony was presented, that the jury had ample information from which to assess Mays' credibility and weigh her testimony accordingly. United States v. Weber, 437 F.2d 327 (3d Cir.1970). 12. She had been expected home by 7 a.m. that morning. She never left the room.13. *1034 In May of 2000, Chandler filed an amended 3.850 motion asserting seven claims. The instant case is similar to Thompson v. State, 759 So.2d 650, 664 (Fla.2000), in which the defendant claimed defense counsel was ineffective for failing to object to several improper remarks by the prosecutor. Prior to hearing the motion, the trial court contacted defense counsel and the State to determine if the parties could reach an agreement to conduct the trial in Pinellas County. At a sidebar conference at the end of his cross-exam of Chandler, the prosecutor stated:Just for the record, since I've been repeatedly maligned by the accusations that I was causing Chandler to invoke the Fifth Amendment, I want to clarify that he has a Fifth Amendment right. It's going to be Judy Blair.". In contrast, the equation in this case is exactly the opposite: numerous, significant similarities outweighing several dissimilarities explainable by the course of events and the opportunities presented to Chandler. Law Project, a federally-recognized 501(c)(3) non-profit. [6] At the evidentiary hearing, trial counsel agreed that the judge was "absolutely correct" after she explained the nature of the stipulation: What I wanted to make sure is clear on this record is [the stipulation] was a package. See id. The trial court overruled the objection noting that Chandler took the stand and therefore, "[t]here [was] no such thing any longer as protecting his right [not] to testify.". Rollins Cooper worked as a subcontractor for Chandler at the time of the murders. As the parties note, we established the rule regarding admission of collateral crime evidence in Williams v. State, 110 So.2d 654 (Fla.1959), and enunciated the following standard for admitting such evidence: Our view of the proper rule simply is that relevant evidence will not be excluded merely because it relates to similar facts which point to the commission of a separate crime. I wanted answers to my questions. Occhicone, 768 So.2d at 1048; see Shere v. State, 742 So.2d 215, 220 (Fla.1999); State v. Bolender, 503 So.2d 1247, 1250 (Fla. 1987). V, 3(b)(1), Fla. Const. In this case, the trial court's detailed order admitting the collateral crime evidence found the following fourteen similarities between the Blair rape and the Rogers' murders: (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. With regard to when a change of venue is necessary to protect a defendant's rights, we have provided the following test: Rolling, 695 So.2d at 284-285 (citations omitted) (quoting McCaskill v. State, 344 So.2d 1276, 1278 (Fla.1977)). As to Chandler's claim regarding the prosecutor's questions about the Blair rape, we believe that this issue constitutes a classic case of trying to take the wind out of your opponent's sails by pre-emptively admitting extremely prejudicial evidence and thereby softening the blow. Likewise, in this case, Chandler testified on direct examination about his line of work; his family; his boat; his work-related activities from May 31 to June 2, 1989; his encounter with the Rogers family on June 1, 1989, at the convenience store where he gave them directions to a Days Inn; his fishing trip the evening of June 1, 1989, where he was allegedly stranded in Tampa Bay due to a broken hose; and three separate denials that he killed the Rogers family. Although the defendant offered numerous nonstatutory mitigators, the trial court only found that his honorable discharge from the U.S. Marine Corps and the length of his mandatory sentences were established as nonstatutory mitigation, but accorded each little weight. Chandler told them that he knew the area and that . [3] Thereafter, the trial court entered an order denying relief. The Jan. 6 committee on Tuesday held its fourth public hearing on the U.S. Capitol insurrection, focusing on the pressure former President Trump exerted on state legislators and state and local . Furthermore, although we held that Chandler's claim regarding the prosecutorial comments during closing arguments was procedurally barred because trial counsel had not objected, we specifically found that they did not constitute fundamental error. For me, personally, a very damaging portion of [Chandler's] testimony about the Blair rape was his lack of respect-almost disdain-for Judy Blair. Shortly thereafter Gore pawned several items of Corolis' jewelry and then proceeded to Kentucky in her car. On direct appeal, Chandler did not challenge any members of the Orange County jury as being unfair or unable to be impartial. (1993). Chandler told Stephenson that one of the girls was very attractive. That was it. Gore then proceeded to Miami, where police subsequently recovered Roark's Mustang after it was abandoned in a two-car accident. [10] Because the jury would inevitably *1040 hear the Williams Rule evidence, despite any tactical decision Chandler's trial counsel could make, the evidence was likely to do some damage to Chandler's case because of its similarity to the murder. Similarly, we have long held that cross examination is not confined to the identical details testified to in chief, but extends to its entire subject matter, and to all matters that may modify, supplement, contradict, rebut, or make clearer the facts testified to in chief. Geralds v. State, 674 So.2d 96, 99 (Fla.1996) (quoting Coco v. State, 62 So.2d 892, 895 (Fla.1953)); Coxwell v. State, 361 So.2d 148, 151 (Fla.1978) (same). A hearing was held on the motion for change of venue, at which the court explained the stipulation to Chandler in great detail. Pursuant to section 910.03(1), Florida Statutes (1993), Chandler initially elected to be tried in Hillsborough County. She never returned. During another visit to Cincinnati in October 1990, Chandler had Rick Mays set up a drug deal. monkey in the middle math; arp church bulletin. The sentencing judge must expressly evaluate in his or her sentencing order each statutory and non-statutory mitigating circumstance proposed by the defendant. He testified that two men in a boat gave him a tow to Gandy Bridge Marina, where he put some fuel in his boat. At the evidentiary hearing, trial counsel testified at length about his perception of Blair's credibility and appearance. Chandler was the man she saw. at 381. Moreover, the decision regarding whether to seek a change of venue is "usually considered a matter of trial strategy by counsel, and therefore not generally an issue to be second-guessed on collateral review." [4] In a notice of supplemental authority, Chandler asks this Court to take judicial notice of three cases: Ring v. Arizona, 534 U.S. 1103, 122 S.Ct. Moreover, given trial counsel's detailed explanation of his strategy and his views of why he did not want the jury to hear Chandler's version of the alleged sexual battery, coupled with the testimony that Chandler gave at the evidentiary hearing, we agree with the trial court's finding that trial counsel's performance was not ineffective. judy blair testimony transcript. Neither Chandler nor his trial counsel wanted the jury to be picked from the Tampa Bay area, which was where the crimes were committed. 10. Furthermore, Chandler has not established either element of the test for establishing ineffective assistance of counsel. 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. Trial counsel testified at the evidentiary hearing that if he had not been able to select a jury in Orange County, he would have moved for a change of venue at that point.[7]. Sometime between 11:30 and 12:00, Roark left to drive Gore home. [4] We address each of these issues in turn. Thus, Chandler testified that he told his daughter he was innocent of both the rape and the murders, which of course contradicted defense counsel's concession in opening argument that the State could prove Chandler raped Judy Blair. Carlton recalled seeing concrete blocks at the Chandler house and that some of the concrete blocks had three holes and some had two. 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). 86, 139 L.Ed.2d 43 (1997). The caller did not give a first name, although he identified his boat as Gypsy One. Trial Chandler's testimony At his trial in Clearwater, Florida, Chandler . (This information is contained in the 1977 PSI). This claim is without merit. 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 The trial court entered an order denying relief about Chandler 's version of events were supported by 's. Separate. of 2000, Chandler has not established either element of the test establishing... 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