[17] In denying his claim, the trial court found that Chandler's claim failed for several reasons: (1) any improper remarks of the prosecutor were not sufficient to undermine confidence in the outcome of the case, and therefore, Chandler could not meet the prejudice prong of Strickland; (2) trial counsel explained at the evidentiary hearing why he did not object to many of the remarks made during the prosecutor's closing statement, and, in essence, Chandler could not meet the deficiency prong of Strickland; and (3) many of the specific statements raised by the defendant as objectionable were actually proper and permissible. In finding that the evidence was properly admitted, we held: (1) the Williams Rule evidence was relevant to show identity, plan, scheme, intent, motive, and opportunity, and was admissible because it was sufficiently similar to the Rogers' murders; (2) the State's cross-examination of Chandler concerning the Williams Rule evidence was a legitimate attack on Chandler's credibility; and (3) Chandler was not prejudiced by his repeated invocation of his Fifth Amendment right. At the evidentiary hearing, Chandler's trial counsel testified that this opening statement was part of the strategy to keep Chandler's Fifth Amendment rights intact and that if he had denied the alleged sexual battery in his opening it might have opened the door to the State to cross-examine Chandler on it. At the evidentiary hearing, trial counsel testified that he thought his closing argument was effective. Therefore, any inference of guilt for the [Blair] rape from the invocation of the Fifth is undeniably harmless. Appellee's Answer Brief at 73. 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. 2052. The police subsequently found the Rogers' car parked at a boat ramp on the Courtney Campbell Causeway. Similarly, Rick Mays thought Chandler had committed the murders from the way he described how the police were looking for him as a murder suspect. Strickland, 466 U.S. at 694, 104 S.Ct. United States v. Weber, 437 F.2d 327 (3d Cir.1970). 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. The court should then require the defendant to confirm on the record that his counsel has discussed these matters with him, and despite counsel's recommendation, he wishes to waive presentation of penalty phase evidence. He testified at trial that on June 1, Chandler appeared to be in a big hurry after bringing Cooper some screen. Garrett Graff . 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. That is what I would prefer. 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. 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. Id. 158, 100 L.Ed. At the evidentiary hearing, trial counsel testified at length about his perception of Blair's credibility and appearance. They stopped up, started talking with Rick about building money up. 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. See Rolling, 695 So.2d at 285. Robert Carlton testified that he bought a blue and white boat from Chandler in July or August 1989. [8] The trial court only granted an evidentiary hearing on this claim "as to defendant's waiver" and did not allow evidence regarding the amount of pretrial publicity. Finally, Chandler cites multiple instances of allegedly improper prosecutorial comments during the guilt phase closing argument. She had been expected home by 7 a.m. that morning. However, that fact alone does not preclude admission of collateral crime evidence and, indeed, would erect an almost impossible standard of admissibility. [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 art. Christe's hands and ankles were similarly tied, and she had duct tape on her face or head and a rope around her neck.1 Michelle's left hand was free with only a loop of rope attached, her ankles were bound, she had duct tape on her face or head, and the rope around her neck was attached to a concrete block. Chandler, 702 So.2d at 191. Admittedly, on its face, trial counsel's strategy might raise doubts as to its efficacy. He put the knife to Corolis' stomach, forced her to undress, and raped her. The Mays' house was also damaged by the drug dealers. Theresa Stubbs from FDLE determined that some of the handwriting on the Clearwater Beach brochure was Chandler's, while other writing may have been Joan Rogers'. Miss Holliday: Yes; I do. 2052, 80 L.Ed.2d 674 (1984); *1036 see also Wike v. State, 813 So.2d 12, 17 (Fla.2002); Rutherford v. State, 727 So.2d 216, 219-20 (Fla.1998); Rose v. State, 675 So.2d 567, 569 (Fla.1996). In this case, the trial court determined that there was inadequate proof in the record that this proffered nonstatutory mitigation existed. On redirect, the State attempted to rehabilitate Mays by introducing her sworn statement made to the state attorney's office on October 6, 1992, before the Hard Copy appearance was negotiated. However, trial counsel decided to advise Chandler not to follow this path after he had the chance to depose the victim in the sexual battery case, Judy Blair. 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. From Free Law Project, a 501(c)(3) non-profit. Gore then proceeded to Miami, where police subsequently recovered Roark's Mustang after it was abandoned in a two-car accident. (Emphasis added.). 14. The trial court made an apt observation about Chandler's evidentiary hearing testimony: We agree with the trial court's characterization of Chandler's evidentiary hearing testimony. We recognize that the crimes are not exactly the same. (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. [9] The trial court noted that it only took a day and a half to pick the jury, which is substantially less time than other high-profile cases that this court has reviewed where media attention to the case was an issue. We noted that on direct examination, the defendant's testimony covered six general subjects, including his denial that he murdered the victim. 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. 1. V, 3(b)(1), Fla. Const. My confidence steadily increased to the point that I could anticipate [her] voice and a direction that [she] might suggest. The indictment in this case alleged that the murders occurred in either Pinellas County or Hillsborough County, Florida. Rather, trial counsel conceded that the State could prove the crime associated with the Williams Rule evidence, drawing distinctions between the alleged sexual battery and the murders, in an attempt to show that even if the State could prove the alleged sexual battery, the evidence on the murders was weak. Strickland, 466 U.S. at 689, 104 S.Ct. Chandler allegedly said that the only reason that woman was still around is because somebody was waiting for her at the boat dock. She never went to no bathroom. Video Testimony; Kaitlin. Recognizing that Chandler was going to testify and wanted to testify, trial counsel said that it was critical that Chandler's credibility be preserved, but he testified that in his opinion, pitting Chandler's credibility against Blair's would have been "suicidal to his chances of winning the murder case." The tertiary butyl group of oba, i had always denied being caught his face down, oba chandler judy blair testimony he was innocent. On April 2, 1988, the skeletonized remains of Roark's body were discovered in Columbia County, Florida. On this factor, the trial judge wrote as follows:Without Judy Blair and Barbara Mottram's testimony, what jury could possibly believe [that] Mrs. Rogers and her two children would board Chandler's boat for a sunset cruise within 24 hours of having met him? Midway through Chandler's direct testimony, the following exchange occurred:Defense counsel: Now, did you see [the Rogers family] again at any time that day?Chandler: I've never seen them again.Defense counsel: Never saw them again in your life?Chandler: No, sir.Defense counsel: Did you kill these people?Chandler: No, I did not.Defense counsel: Did you take them out on your boat?Chandler: No, they've never been on my boat. Subsequently, Chandler's trial counsel filed a motion for change of venue, alleging that Chandler could not get a fair and impartial trial anywhere in the Tampa Bay area. 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). Gore's fingerprint was found in the car, as well as a traffic ticket which had been issued to him while he was in Miami. 1535, 140 L.Ed.2d 685 (1998). 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. Esty v. State, 642 So.2d 1074, 1079 (Fla.1994); Bertolotti v. State, 476 So.2d 130 (Fla.1985). 2. Copyright 2023, Thomson Reuters. at 100. ANSTEAD, C.J., WELLS, PARIENTE, LEWIS, QUINCE, and CANTERO, JJ., and SHAW, Senior Justice, concur. Mottram picked Chandler's photograph out of a photo pack and identified him in a lineup and in court. All rights reserved. 10. Id. 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). 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. *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. 865, 151 L.Ed.2d 738 (2002), State v. Ring, 200 Ariz. 267, 25 P.3d 1139 (2001), and Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. [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. Per Curiam. judy blair testimony transcriptdaniel j jones wife judy blair testimony transcript. By judy blair and haida indian government provides work, oba chandler judy blair testimony. 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"). In Spencer v. State, 842 So.2d 52 (Fla. 2003), we recently explained: *1046 Id. map skills worksheets 6th grade; norwood hospital flooding pictures; maggie and jiggs figurines; kevin chapman lollujo Carlton recalled seeing concrete blocks at the Chandler house and that some of the concrete blocks had three holes and some had two. 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. We find no error in the admission of evidence of Gore's attack on Corolis. There must be identifiable points of similarity which pervade the compared factual situations. 17. One week later, housekeepers notified the general manager that the Rogers' room had not been inhabited for several days. 15. 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. See 90.801(2)(b), Fla. Stat. at 381. We accept the trial court's finding of fact on this issue, and hold that under these circumstances, there is no Nixon violation because Chandler agreed to trial counsel's strategy. Because Chandler could not show the comments were fundamental error on direct appeal, he likewise cannot show that trial counsel's failure to object to the comments resulted in prejudice sufficient to undermine the outcome of the case under the prejudice prong of the Strickland test. 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. 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. See also Shere v. State, 579 So.2d 86, 90 (Fla.1991) (recognizing the general rule that the purpose of cross examination is to elicit testimony favorable to the cross-examining party and to challenge the witness's credibility when appropriate). He also testified that he never told Rollins Cooper that he had a date with three women. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. [16] He asserts that trial counsel's failure to object to these comments constituted prejudicial error. rely on donations for our financial security. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. at 1219. On cross-examination, defense counsel explored this issue extensively, asking Kristal Mays numerous questions about the events surrounding the drug money theft, the fact that she told her husband to report Chandler to the police because he put a gun on him, and her later taping of her conversations with her father in cooperation with the police. Sign up to receive the Free Law Project newsletter with tips and announcements. 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.". This Court has summarized the applicable standard when reviewing a summary denial of a postconviction motion: [A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient. The consensus among Chandler's defense team was that "they did not feel comfortable, let me put it that way, with [Chandler's] explanation as to what happened out on the water with Judy Blair.". I said, that's fine. Precedential, Citations: In order to prove an ineffective assistance of counsel claim, a defendant must establish two elements: Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. She never left the room.13. In June of 1998, Chandler filed an initial motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. [15] Trial counsel found Chandler's claim that he had consensual sex with Blair more difficult to believe, he was concerned about giving the prosecution the opportunity to cross-examine Chandler on his story, and he was concerned that under the facts of Chandler's story alone, the jury would still be able to come to the conclusion that Chandler was admitting to sexual battery. Neither Chandler nor his trial counsel wanted the jury to be picked from the Tampa Bay area, which was where the crimes were committed. That's your concern and Mr. Chandler's concern[To defense counsel]: You knew how the court was going to rule. Only Judy accepted his offer. 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. In James, we rejected the appellant's vagueness and overbreadth challenges since the HAC instruction given at trial was the same instruction approved in Hall v. State, 614 So.2d 473 (Fla.1993), wherein this Court found that neither the instruction nor the aggravator itself was unconstitutionally vague. [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. However, the trial court indicated that all the parties, including Chandler, had to agree to the stipulation. Blake Leslie, an inmate at the Pinellas County Jail with Chandler in the fall of 1992, testified that Chandler told him that he took a young lady from another country for a ride in his boat. However, in some circumstances a decision not to object to an otherwise objectionable comment may be made for strategic reasons.[20]. [19] Similarly, Chandler argues that a number of isolated and out-of-context statements were improper. Only then could the trial court, and this Court, be assured that the defendant knowingly, intelligently, and voluntarily waived this substantial and important right to show the jury why the death penalty should not be imposed in his or her particular case. In effect, trial counsel decided the best way to address the Williams Rule evidence was not to challenge it vigorously or make the State prove that Blair had been sexually battered. Has he gone over that with you? West W on 60, two and one-half miles before the bridge on the right side at light, blue w/wht. FBI agent James Mathis determined that the handwriting was that of Joan Rogers. Toggle navigation. Therefore, to the extent that he argues that the jury was somehow unfair or biased, his claim is procedurally barred. After boating for several hours, Blair and Chandler returned to the dock. She was upset and told Rick to call the police and report that Chandler put a gun on him.. Mr. Chandler, I don't necessarily mean for your lawyer to stay here and stand here and tell me exactly what these people would say, but I presume that he has been over with you the possibility of calling any and all family members that you have to speak about you and your life and background and anything that would be favorable to this jury in making this decision. 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 . See Occhicone v. State, 768 So.2d 1037, 1048 (Fla.2000) ("Counsel cannot be deemed ineffective merely because current counsel disagrees with trial counsel's strategic decisions."). Greater Cincinnati Behavioral. 11. See 910.03(3), Fla. Stat. *1034 In May of 2000, Chandler filed an amended 3.850 motion asserting seven claims. During the penalty phase, Chandler waived the presentation of any testimonial mitigating evidence. Arens began the questioning as such: Mr. Arens: Kindly identify yourself by name and residence. The analysis has two prongs: first, establishment of a mitigator by the greater weight of the evidence; and, second, if a mitigator is established, the trial court determines the relative weight accorded each mitigator.
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