Video Testimony; Kaitlin. Transcript; Exhibits; Virginia Limmiatis. Sign up to receive the Free Law Project newsletter with tips and announcements. See Rolling v. State, 695 So.2d 278 (Fla.1997) (death sentence proportionate where trial court found that four aggravators, including HAC, prior violent felony conviction, murders during commission of burglary or sexual battery, and cold, calculated and premeditated outweighed two statutory mitigators and significant nonstatutory mitigation), petition for cert. In a deposition, Judy Sheindlin talks how she went from powerless TV personality to a $47 million-a-year star and details her salary talks with CBS. Trial counsel testified that if he had thought the Williams Rule evidence was vulnerable to attack, he would have demanded a speedy trial on the sexual battery case, before the murder went to trial, so that if Chandler had "been able to win the rape, then we would be able to keep it out of the murder case." Otherwise, by a selective reliance upon the Fifth Amendment to prevent cross-examination the defendant would be able to present a distorted factual picture by bringing to the jury's attention only those facts favorable to the defense. 7. Moreover, we find that defense counsel complied with his duties under Koon by investigating Chandler's background, having witnesses ready and available to testify, and adequately outlining the favorable character evidence that Chandler's witnesses would have presented.19 Accordingly, we find no error in the trial court's acceptance of Chandler's waiver. Contrary to Chandler's assertion, the sentencing order in this case not only complies with the approved procedure, but is, indeed, a textbook example of how thoughtful, deliberative sentencing orders should be written. 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. While waiting for his friend at a convenience store, Gore struck up a conversation with Roark. [4] We address each of these issues in turn. Outdoor Learning . 3. The moon that hurts so ever is the unfairness of it. There is no proof, therefore, in the record, of the mitigating factor of child abuse, or a deprived childhood. Admittedly, on its face, trial counsel's strategy might raise doubts as to its efficacy. Transcripts and Exhibits from Independent Investigation into Sexual Harassment Allegations Against Former Governor Andrew Cuomo . Sometime between 11:30 and 12:00, Roark left to drive Gore home. Gore had planned to travel to Florida with a friend from Cleveland. 2052 ("A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel's perspective at the time. After the hearing, the trial court entered an order explaining the stipulation and stating that the parties and Chandler had agreed to the stipulation. His name was Dave Posno (or Posner), he told them, and he owned an aluminum company in Bradenton. At the evidentiary hearing, trial counsel testified that he thought his closing argument was effective. 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. [19] Cf. [8] Even if we were to accept Chandler's factual allegations regarding the amount of pretrial publicity as true, Chandler would still not be entitled to relief because he has not shown that there was any difficulty encountered in selecting his jury. Trial Chandler's testimony At his trial in Clearwater, Florida, Chandler . The hearing was overseen by staff director Richard Arens and Senator Richard Watkins. Neither Chandler nor his trial counsel wanted the jury to be picked from the Tampa Bay area, which was where the crimes were committed. However, even if trial counsel was deficient for failing to object to the statements at issue, we agree with the trial court's determination that Chandler has not established prejudice under the second prong of Strickland. Furthermore, the fact that trial counsel's tactics did not secure the result defendant wanted does not mean that collateral counsel, who has the benefit of hindsight, can label trial counsel ineffective for failing to use an alternative tactic. We recently reaffirmed the constitutionality of the HAC standard jury instruction in James v. State, 695 So.2d 1229, 1235 (Fla.), petition for cert. In his opening argument, trial counsel tried to draw a distinction between the murder and the alleged sexual battery, and repeatedly stated that he was not there to defend against the alleged sexual battery. Court: And you've had plenty of time to talk this over with your lawyer? Leslie, who had been convicted of nine felonies, never heard Chandler speak of murders, only rapes. denied, 522 U.S. 846, 118 S.Ct. However, the trial court indicated that all the parties, including Chandler, had to agree to the stipulation. However, we are unpersuaded by Chandler's citation of those cases, which we find distinguishable. 662, 154 L.Ed.2d 564 (2002), and King v. Moore, 831 So.2d 143 (Fla.2002), cert. And then Mr. Chandler has got to, in essence, acknowledge that he understands it could have been helpful and, in essence, announce that he wish that not be presented. denied, 520 U.S. 1199, 117 S.Ct. 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. 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. I said, that's fine. [3] Thereafter, the trial court entered an order denying relief. Chandler, 702 So.2d at 191. Post Author: Post published: maio 29, 2022 Post Category: magazine caliber stickers Post Comments: prometheus external_labels prometheus external_labels Having made this choice, he must suffer its natural consequences. [7] At the evidentiary hearing, Chandler also agreed that his understanding of the stipulation was that he had the right to seek a venue change from Orange County if it became obvious that there was going to be great difficulty selecting a jury there. 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. On April 2, 1988, the skeletonized remains of Roark's body were discovered in Columbia County, Florida. Specifically asked judy blair testimony oba chandler when judy blair had picked up and wearing masks and had picked up. 7162 Reading Rd Ste 400 Cincinnati, OH 45237. We affirmed Chandler's convictions and sentences on direct appeal. Once he got out twenty to thirty miles, Chandler told her to have sex with him or swim for it. 2052. 2052. judy blair testimony transcript. Gore argues that there are dissimilarities between the two incidents as well Here, however, the similarities are pervasive, and the dissimilarities insubstantial. The state also presented the testimony of Judy Blair and her companion Barbara Mottram concerning Chandler's sexual battery of Judy Blair in Madeira Beach. 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). Most of the prospective jurors who were questioned indicated that they had not heard about the case. It's going to be Judy Blair.". 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. 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). No statutory mitigators were presented or proved. 494 So.2d at 204. Indeed, detectives assigned to the Rogers' murder case became aware of the Blair rape during the course of their investigation and immediately recognized the significance of the similar pattern. Id. 230, 136 L.Ed.2d 161 (1996). We noted that on direct examination, the defendant's testimony covered six general subjects, including his denial that he murdered the victim. This evaluation must determine if the statutory mitigating circumstance is supported by the evidence and if the non-statutory mitigating circumstance is truly of a mitigating nature. We have jurisdiction. Carlton recalled seeing concrete blocks at the Chandler house and that some of the concrete blocks had three holes and some had two. Id. Judy Blair testified that she and Barbara were in Florida on vacation from Ontario, Canada, when they met Chandler at a convenience store. Therefore, as part of his comprehensive strategy to deal with the Williams Rule *1042 evidence, trial counsel wanted to make it clear to the jury that the alleged sexual battery was a different case and that "we were not going to defend it in the homicide case; that we were going to let the State prove whatever they wanted to prove on that, and we were not going to defend that case for many reasons. "[Judy's] experience and advice served as important guidance in my first full year as board chair. Revathi Constructions is a Leading Construction Company in Trichy. See id. The record reflects that after defense counsel informed the court of Chandler's decision and began to go over the list of penalty phase witnesses and what they would say, the trial judge stated: However, I think there is a case-and I don't have it at my fingertips-but what it says is, if the Defendant has told the defense counsel not to call relevant mitigation, that defense counsel is, Number One, obligated to tell the Court that; and, Number Two, the Court then is obligated to tell you what you would have-who you would have called and what they would have said, basically. The Defendant was only ten years old when his father committed suicide. Joan's hands were tied behind her back, her ankles were tied together, and the yellow rope around her neck was attached to a concrete block. The few dissimilarities here seem to be a result of differences in the opportunities with which Gore was presented, rather than differences in modus operandi. In rebuttal, James Hensley, a certified boat mechanic, testified that Chandler's fuel line was possibly still the original, was in good shape, and showed no signs of repair. Chandler claimed that he was out on his boat all night because his engine died after a hose burst, spilling all of his fuel. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. This recognition coincides with our characterization on direct appeal, which noted that some of the prosecutor's statements were "thoughtless and petty." [2] Huff v. State, 622 So.2d 982 (Fla.1993). Gore argues that this case is comparable to Drake v. State, 400 So.2d 1217 (Fla.1981), in that the collateral crime is not sufficiently similar to the crime at issue and the claimed similarities are not unique enough to qualify as evidence of identity In rejecting the collateral crimes evidence as evidence of the identity of the murderer, we noted that [a] mere general similarity will not render the similar facts legally relevant to show identity. Arens began the questioning as such: Mr. Arens: Kindly identify yourself by name and residence. That was a choice that the defendant made in urging more than one reason to fabricate at trial. Childhood Trauma as Nonstatutory Mitigation. Pursuant to section 910.03(1), Florida Statutes (1993), Chandler initially elected to be tried in Hillsborough County. When asked about details surrounding the rape of Judy Blair, Chandler invoked his Fifth Amendment right to remain silent twenty-one times, although he did answer some questions regarding his perception of the link between the rape and the murders. Gore, 599 So.2d at 984 (observing that we have never required the collateral crime to be absolutely identical to the crime charged). (footnotes omitted). Before absconding with some of the drug dealers' money, Chandler put a gun to Rick's head and said, Family don't mean s_ to me. After Chandler fled, Rick was badly beaten up and almost killed. 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. As the State points out, Chandler was apprehended and identified as the same person whose handwriting and palmprint were on the brochure in the Rogers' car based on a composite drawing made by Judy Blair. Chandler, by way of comparison, was given an initial selection between Pinellas or Hillsborough counties based on the indictment, and was given the additional option of stipulating to have his jury selected from Orange County. 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." DiGuilio, 491 So.2d at 1135. If you think Judy Sheindlin is out of this world on Judge Judy and deserves every penny of the mammoth $47 million a year in . CourtListener is sponsored by the non-profit Free Law Project. I have never-its's ludicrous. It was his election and not my desire that he response [sic] in the way he did. Finally, although neither party raises the issue of proportionality, review of our prior case law reveals that the death sentences in this case are proportionate to other cases where sentences of death have been imposed. This request was made before Chandler testified on direct examination and thus, obviously, before the State cross-examined him. 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. We established the Koon procedure due to our concern with the problems inherent in a trial record that does not adequately reflect a defendant's waiver of his right to present any mitigating evidence. 619 So.2d at 250. This Court has never required the collateral crime to be absolutely identical to the crime charged. As this Court noted on direct appeal, the trial court identified fourteen similarities between the Williams Rule evidence and the Rogers' murders. Id. 2. See Provenzano v. Dugger, 561 So.2d 541, 545 (Fla.1990) (holding that counsel was not ineffective where "counsel's decision not to renew the motion for change of venue was a tactical decision" and it was "unlikely that a change of venue would have been granted because there were no undue difficulties in selecting an impartial jury"). For example, the only similarity between the crimes in Drake was that the victims' hands were tied behind their backs and they had left a bar with the defendant. Chandler visited his daughter, Kristal Mays, and her husband Rick in Cincinnati in November 1989. Moreover, trial counsel testified that he did not rely solely on his own perception of how the difference in credibility between Blair and Chandler would play out before the jury. Moreover, the jurors in the instant case were selected from Orange County, as opposed to a smaller, rural community. At the evidentiary hearing, trial counsel gave a well-founded explanation for why he thought his strategy for dealing with the Williams Rule evidence was appropriate. Although some of the descriptions by the prosecution may have been poorly chosen and more harsh than necessary, the statements were made in reference to defense claims that the prosecutor felt were legally or factually inaccurate or logically inconsistent. Gore then entered Roark's car, a black Mustang, and they drove away. Gore then proceeded to Miami, where police subsequently recovered Roark's Mustang after it was abandoned in a two-car accident. After Chandler was arrested in September 1992, Kristal was contacted and cooperated with the police and she began to tape their conversations. Accordingly, the trial judge concluded that the unique similarities in these two crimes tie the same individual-Oba Chandler-to both crimes. Since the two crimes establish a sufficiently unique pattern of criminal activity when all of the common points are considered together, Gore, 599 So.2d at 984, and the evidence presented Chandler's unique modus operandi, id., we find no abuse of discretion in the trial court's admission of the Williams rule evidence. at 659-60. Thereafter, when the time came, defense counsel did not allude to the Blair rape during his direct examination of Chandler. She never went to no bathroom. During the penalty phase, Chandler waived the presentation of any testimonial mitigating evidence. 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. denied, 520 U.S. 1122, 117 S.Ct. 97-5975 (U.S. Sept. 10, 1997); Henyard v. State, 689 So.2d 239 (Fla.1996) (finding four aggravators, including HAC, prior violent felony conviction, and murder during commission of kidnapping and sexual battery outweighed two statutory mitigators and minor nonstatutory mitigation), cert. Blair testified that Chandler seemed disappointed when told Mottram would not be joining them. See Chandler v. State, 702 So.2d 186, 189-191 (Fla.1997). Ineffective assistance of counsel claims present a mixed question of law and fact subject to plenary review based on the Strickland test. Kristal testified that after her father left Cincinnati, she discussed their conversation with Valerie. During cross-examination, Chandler admitted within the context of his version of events that he did not stop having sex with Blair after she demanded that he stop because "he wanted to complete the act" and in his opinion he "was entitled to finish." at 193-94. See, e.g., Rolling, 695 So.2d at 287 (stating that jury selection "spanned a three-week period"). I wanted answers to my questions. The caller did not give a first name, although he identified his boat as Gypsy One. Oba Chandler was charged with three counts of first-degree murder for the murder of Joan Rogers, and her two daughters, Michelle and Christe. Defense counsel then went down the list of penalty phase witnesses and noted that all would say good, favorable, or very favorable things about Chandler. "); see also Cherry v. State, 659 So.2d 1069, 1073 (Fla.1995) ("The standard is not how present counsel would have proceeded, in hindsight."). This is the process required by Campbell and Ferrell. In Strickland, the United States Supreme Court stated: Strickland, 466 U.S. at 689, 104 S.Ct. Cooper met Chandler the next morning at 7:05 a.m.; when asked why he looked grubby, Chandler replied that he had been out on his boat all night. 8. 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. Arthur Wayne Stephenson shared a cell with Chandler for ten days in late October 1992. The record reflects that the body of Joan Rogers and those of her two daughters, Michelle and Christe, were discovered floating in Tampa Bay on June 4, 1989. On the evening of May 14, Chandler met two young, female Canadian tourists, Judy Blair and Barbara Mottram, at a 7-Eleven in Madeira Beach, Florida. Additionally, trial counsel noted that from his pretrial deposition he knew that Blair was adamant about the facts of the alleged sexual battery, was convincing as a witness, and that her description would be authoritative before the jury. judy blair testimony transcript. Filed: This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Clearly, the trial judge was describing Koon and the compulsory procedure in this situation. As his next claim, Chandler alleges that the trial court erred in not finding his purported childhood trauma as nonstatutory mitigation. Hayes, 660 So.2d at 261 (second emphasis added) (citations omitted). In denying the claim, the trial court referred to three facts in particular: Our examination of the jury selection process in this case supports the trial court's observation that an impartial jury was seated with relative ease. Stay up-to-date with how the law affects your life. Chandler was the man she saw. The next day, Blair told Mottram what happened and reported the rape to the police. 14. Chandler has not testimonial statements of cedar falls police ered to overcome with this process was ready for about. He convinced a friend to help him pawn several items of jewelry later identified as belonging to Roark. Chandler: Did I tell her that I was innocent? Chandler and Blair then returned to shore. [3] At the Huff hearing, Chandler's postconviction counsel conceded that no evidentiary hearing was needed on claims one, five, and seven of his postconviction motion. 5. Trial counsel also stated, "in general I don't like to jump up all the time anyway. On direct appeal, Chandler did not challenge any members of the Orange County jury as being unfair or unable to be impartial. 2348, 147 L.Ed.2d 435 (2000). For example, the most significant difference between the two crimes-that Roark was murdered while Corolis was not-seems to be more of a fortuitous circumstance than a reflection of Gore's intent in the Corolis crime, since he beat her, stabbed her, and left her for dead in an isolated area. 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. That puts Mr. Chandler in a tough dilemma. Posted on May 29, 2022 by May 29, 2022 by Prosecutor: Did you tell her you were innocent of both crimes? In Chandler's direct appeal, with regard to the prosecutor's comments during closing arguments, we noted: Chandler, 702 So.2d at 191 n. 5. Allen v. State, 662 So.2d 323, 328 (Fla.1995)(requiring contemporaneous objection and accompanying motion for mistrial to preserve allegedly improper prosecutorial comments for appellate review). That really isn't my concern. (Supp.1994). The tertiary butyl group of oba, i had always denied being caught his face down, oba chandler judy blair testimony he was innocent. judy blair testimony transcript. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. *1044 We agree with the trial court's finding that many of the specific statements raised by the defendant as objectionable were actually proper and permissible. judy blair identified. I also want to acknowledge the expertise that [she] provided in helping me select and present a year-long series The trial court's order noted that to the extent trial counsel and Chandler's evidentiary hearing testimony conflict on whether Chandler agreed to the strategy, she found trial counsel's testimony more credible than Chandler, who "waffled" on the issue. Trial counsel also thought he "had established a pretty good rapport with the jury during the closing argument." The indictment in this case alleged that the murders occurred in either Pinellas County or Hillsborough County, Florida. We find that the Corolis crime does have the required pervasive similarities. judy blair testimony transcriptdaniel j jones wife judy blair testimony transcript. The calls were placed to a number registered to Debra Chandler, Chandler's wife. 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). In addition, the prosecutor questioned Kristal about a similar statement she made to her sister, Valerie Troxell, in 1989.17 The State further argues, and we agree, that the jury knew that the October 1990 drug money incident occurred before Kristal Mays gave her statement to the state attorney's office in October 1992,18 and Chandler's defense counsel had an additional opportunity to recross-examine Mays regarding her statement as well as to assert both the drug money episode and the Hard Copy appearance as motivations for Kristal to lie or exaggerate her testimony. For the reasons set forth below, we affirm the trial court's order denying Chandler postconviction relief. Transcript Part 1; Transcript Part 2; Exhibits Part 1; Video . We have long held that prior consistent statements are generally inadmissible to corroborate or bolster a witness' trial testimony. Rodriguez v. State, 609 So.2d 493, 499 (Fla.1992); Jackson v. State, 498 So.2d 906, 909 (Fla.1986); Parker v. State, 476 So.2d 134, 137 (Fla.1985); Van Gallon v. State, 50 So.2d 882 (Fla.1951). We affirm the trial court's denial of relief on this claim. [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. Two-Car accident to Debra Chandler, Chandler alleges that the trial court denial! Are generally inadmissible to corroborate or bolster a witness ' trial testimony, Kristal,... House and that some of the mitigating factor of child abuse, or a deprived childhood ten days late. Court erred in not finding his purported childhood trauma as nonstatutory mitigation Leading Construction company in Trichy, 831 143... I was innocent wife judy blair had picked up 831 So.2d 143 ( Fla.2002 ), and her Rick... Collateral crime to be impartial got out twenty to thirty miles, Chandler convictions... 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