The Eighth Circuit rejected the challenge because the evidence failed to demonstrate that the current investigation was related to the matter handled previously by the magistrate or that the magistrate was still employed as a prosecutor at the time the current investigation began. We see no error. Thus, we have struck down statutes that tied criminal culpability to whether the defendant's conduct was annoying or indecentwholly subjective judgments without statutory definitions, narrowing context, or settled legal meanings. When law enforcement officers searched Robinson's Olathe storage unit several weeks later, they found the e-mail addresses for all four recipients attached to the contact list Trouten had prepared with Chidester before moving to Kansas. Lewicka's friends believed she moved to Kansas both for BDS & M training and work. On February 1, 1985, Overland Park detectives interviewed Robinson, who told them he was starting a charitable organization to provide young mothers job training, food, and housing. John Edward Robinson Public Member Photos & Scanned Documents View all 10 photos and documents People similar to Arthur James Robinson Gathered from those who lived during the same time period , were born in the same place, or who have a family name in common. Shortly after the preliminary hearing, on June 10, 1985, McClain was appointed to the bench. Were the Challenged E-mails Authenticated Properly? See Oken v. Corcoran, 220 F.3d 259, 266 (4th Cir.2000) (state court's finding that abstract voir dire questions addressing prospective jurors' ability to consider life sentence were constitutionally adequate and neither contrary to nor an unreasonable application of Morgan ); Trevino v. Johnson, 168 F.3d 173, 183 (5th Cir.1999) (state trial court's refusal to allow voir dire inquiry on youth as a mitigating factor did not give rise to a constitutional violation; Morgan only requires jurors be asked whether they would automatically impose the death penalty upon conviction); McQueen v. Scroggy, 99 F.3d 1302, 1330 (6th Cir.1996) (abstract, life-and-death qualification questions were sufficient to satisfy constitutional rigor), overruled on other grounds by In re Abdur'Rahman, 392 F.3d 174 (6th Cir.2004). Did the prosecutor improperly question Nancy Robinson about the infant? 16 Years Later, Baby-stealing, Murder Case Comes to Light 20301a. Has she been manipulated? Defense counsel continued to disclose case-specific facts and incorporate them into questioning throughout the first 2 days of the second phase of jury selection, where the parties examined prospective jurors in panels of six on topics of pretrial publicity and the death penalty. 214624(f) requires the trial court to review any jury verdict imposing a sentence of death to decide whether the sentence is supported by the evidence. Most jurors had minimal exposure to the media's coverage of the case, and none expressed community hostility toward Robinson. The payments are so far behind. 222603 and 222611 were directly applicable to the evidence developed at trial. denied 537 U.S. 834 (2002), overruled on other grounds by Kansas v. Marsh, 548 U.S. 163, 126 S.Ct. Then hes like, I know things are really rough between your mom and dad. However, Robinson's argument is premised incorrectly on the assumption that jurors must be willing to assign some weight to all evidence offered in mitigation to satisfy the Eighth Amendment protections defined in Lockett. Robinson reasons that forwarded e-mails do not possess an accuracy virtually eliminating error because their text can be manipulated. Robinson's trash was exposed to fellow residents of the 500unit mobile home community. Facebook/Kansas Department of Corrections Moreover, by establishing that forensic investigators found no trace evidence, despite extensive investigation and the difficulty in removing blood from certain tools, Robinson demonstrated that Rundle's testimony gave rise to no adverse inferences. However, after defense counsel outlined the mechanics of the capital sentencing scheme, Juror 115 said he would not automatically impose a death sentence upon conviction and would consider mitigating circumstances. First, he contends the evidence failed to establish a common scheme or course of conduct as the phrase should be construed under K.S.A. 1639, 6 L.Ed.2d 751 (1961), the media unleashed a barrage of newspaper headlines, articles, cartoons, and pictures against defendant leading up to trial. Arguably, whatever interest in retribution that might be served by the death penalty can be similarly served by a sentence of life in prison without parole. [S]tudies indicate that the factors that most clearly ought to affect application of the death penaltynamely, comparative egregiousness of the crimeoften do not, while circumstances that ought not to affect application of the death penalty, such as race, gender, or geography, often do. 135 S.Ct. Vrabel, 301 Kan. at 80305 (officers' organized and planned controlled drug buy with confidential informant to build case against defendant in furtherance of duty to preserve the peace fell within scope of K.S.A. Unlike previous e-mails, the tone of this message was respectful and polite. Father of Private. The caution he exercised and the preventative measures he employed were well planned and reasonably calculated to mitigate the risk of extraneous factors influencing the outcome of the guilt phase and penalty phase proceedings. Stasi said they were claiming that Betty Stasi planned to take Tiffany away because Stasi was an unfit mother. 2. Death: circa November 1912 (73-81) Mexico, Audrain County, MO, United States. As to Juror 147's independent review of the Bible after deliberations had concluded for the day, courts have been reluctant to condemn such conduct. Additionally, in capital cases, the Supreme Court's decision in Wainwright v. Witt, 469 U.S. 412, 105 S.Ct. However, Robinson remains on death row because the Kansas court upheld one capital murder conviction for the death of Trouten. "This was a way of life for her," she said. Second, Robinson objects to the prosecutor's discussion of aggravating and mitigating circumstances during voir dire of the thirteenth small group panel, which included petit Jurors 87 and 92. She filed for divorce in 1993. On the first point, the dissent noted the obvious, i.e., that the finality of death makes it a qualitatively different punishment that requires a heightened need for reliability. During cross-examination, defense counsel effectively challenged the reliability of this correspondence as proof of Sheila Faith's interest in BDS & M, highlighting the fact that Norman found the writing more than 20 years prior, that she saw no other evidence of BDS & M activity at the time she found the writing, and that she had not encountered any new information since then suggesting her sister held an interest in this subculture. Can you be a great dad and grandpa when you're doing the kind of things the defendant has done? The fifth and seventh factors were not relevant to the analysis, and the fourth factor was inconclusive at best. Defendant did not challenge Juror 87 for cause. Robinson attempts to distinguish Scott on several grounds. 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. These remarks did not affect Robinson's peremptory challenges or fair trial rights. Lowther then testified how he had executed a search warrant at Robinson's storage locker in Olathe, finding a computer hard drive, sex toys, several items belonging to Trouten, BDSM catalogs and videotapes and a book that is known as the BDSM Bible, "Screw the Roses, Give me the Thorns.". She had two children of her own, and he often babysat his grandchildren. 60455); State v. Winston, 281 Kan. 1114, 1135, 135 P.3d 1072 (2006) (same); State v. Gaines, 260 Kan. 752, 766, 926 P.2d 641 (1996) ([K.S.A. Accordingly, defendant's crime was not completed until after the enactment of the statute. 130 Ore. at 472. Unlike the expert who repeatedly vouched for the credibility of the victim, Juror 173 made only one comment regarding his belief that Robinson was involved in Godfrey's disappearance. 153 F.3d at 120809. 1, 83 P.3d 1212 (2004) (Criminal statutes and penalties in effect at the time of the criminal act are controlling.). 222503. 60419. He argues that the forensic evidence does not support a finding that the deaths occurred in Johnson County. While Lockett proscribes State conduct that bars defendant's presentation of mitigation evidence, [i]t does not prohibit a capital sentencing jury from assessing the weight of mitigating evidence and find[ing] it wanting as a matter of fact[. The LPD was in charge of the investigation and secured a warrant from a Johnson County district judge to search Robinson's property in Linn County. These tools were recovered close in time and proximity to the bodies and trace evidence of the victims. Nine of the 259 panelists (3.4 percent) were excused because of previously undisclosed hardships or grounds unrelated to pretrial publicity or the death penalty. ); Schwab v. Crosby, 451 F.3d 1308, 1329 (11th Cir.2006) (The Constitution requires that the sentencer be allowed to consider and give effect to evidence offered in mitigation, but it does not dictate the effect that must be given once the evidence is considered; it does not require the sentencer to conclude that a particular fact is mitigating or to give it any particular weight.). The parties had passed Juror 340 without challenge. See State v. Adams, 292 Kan. 60, 6869, 253 P.3d 5 (2011) (comments not gross or flagrant when the prosecutor only made a passing reference to the victim and did not dwell on or repeat the point); State v. Miller, 284 Kan. 682, 719, 163 P.3d 267 (2007) (accumulation of multiple comments may render them gross and flagrant). At a family reunion in 1983, Donald and Helen told Robinson they were pursuing a private adoption. 135 S.Ct. To facilitate such luring, Robinson paid for Trouten to stay at the Guesthouse Suites in Lenexa; paid for a moving truck to transport Trouten's belongings from Michigan to Johnson County; and, after her arrival, stored Trouten's belongings in his Olathe storage unit and boarded her two dogs at an Olathe animal clinic. Robinson was convicted of theft for embezzling money from an employer and then started selling insurance. WATCH Sole Survivor The 20/20 Event Tomorrow night at 9|8c on @ABC. 38.23 (West 2005) (No evidence obtained by an officer or other person in violation of any provisions of the Constitution or laws of the State of Texas, or of the Constitution or laws of the United States of America, shall be admitted in evidence against the accused on the trial of any criminal case.). I write separately to address the majority's holding that the prosecutor's closing argument pertaining to occasions when Robinson cried and did not cry during the trial was beyond the scope of the penalty phase and served no purpose but to inflame the passion of the jurors and divert their attention from sentencing. Thereafter, the majority of the coverage shifted from reports about Robinson and the crimes to trial coverage. With the agreement of the parties, the trial court conducted jury selection in four phases. Nancy Robinson learned of her husband's relationship with Lewicka in 1997. 60460(a). What the issue is, if you're going to be a juror on this case, jurors have got to be able to set that aside. Did media interference demonstrate actual prejudice? We find no error in Judge Anderson's ruling that accurate printouts of e-mails are akin to duplicates or otherwise satisfy the best evidence rule, even if the e-mail messages are forwarded or contain e-mail strings. I know that I have to just pay attention to what goes on in the trial and not what I've heard before. ", Robinson, crying again, testified how she also lost her job at the mobile home community shortly after her husband was arrested because of all the publicity about the case. [b]ias cannot be presumed solely because a prospective juror believes a police officer's training and experience in observing and recounting events might make the officer's account more accurate than that of an ordinary witness, provided the prospective juror does not ignore differing circumstances of observation, experience, and bias which may be disclosed by the evidence. O'Dell v. Commonwealth, 234 Va. 672, 694, 364 S.E.2d 491 (1988). 3. His family, including his wife and two daughters, stayed at his side throughout the trial, according to CourtTV, which quoted a family statement as saying, The John Robinson we know has always been a loving and caring husband and father, the type of parent who never missed a sporting event, a school function or an opportunity to be there for his family. Around 3:30 p.m., a hotel security camera captured Robinson checking out of Trouten's room. 20301a. Nancy Robinson in CA - Address & Phone Number | Whitepages See Kleypas, 272 Kan. at 108485 (citing Chapman, 386 U.S. at 24); see also Novotny, 297 Kan. at 1190 (comment on demeanor was harmless beyond reasonable doubt, given lack of gross or flagrant remarks and solid evidence presented by the State). Regarding the seventh factor, the media coverage was not materially connected to government officials. She frequented BDS & M websites and chat rooms, created her own BDS & M web page, and traveled out of state for BDS & M trysts. John Edward Robinson is 75 years old American serial killer, who lured victims using Internet chatrooms with the name Slavemaster. Also, the juror in Hensley was still struggling with the sentencing decision when he conferred with the pastor. Robinson and Neufeld engaged in sexual activity at various times during her stay. Donald and Helen flew to Kansas City on January 10. Robinson argues 52 of the 83 panelists (nearly 63 percent) passed to the third phase were biased. In Kansas, she worked for a Robinson magazine handling advertising graphics and would indicate she was Robinsons wife. denied 290 Kan. 1102 (2010). See Cooper v. Werholtz, 277 Kan. 250, Syl. When Robinson attempted to elicit this testimony from Stapleton, the district judge sustained the State's hearsay objection. However, both of these correctional officials told Cunningham that Robinson fraudulently altered documents containing their signatures and used them to bolster his position before the parole board. 844, 83 L.Ed.2d 841 (1985) (At times a venireperson's answers will leave a lack of clarity or ambiguity in the printed record as to his or her impartiality, and in these situations, deference must be paid to the trial judge who sees and hears the juror.). Moreover, the decision we announce today is in large part a product of Judge Anderson's conscientious commitment to Robinson's fair trial rights. Defense counsel then asked, And you got names, several names, from your investigation at that location; is that correct? Wissel agreed. The test is whether the totality of the circumstances substantially prejudiced the defendant and denied him or her a fair trial. We discussed the movant's duty to make such a proffer in Burnett, 300 Kan. 419, where defendant requested a continuance in order to prepare a redacted and admissible version of the videotaped recording of his police interview. 295 Kan. at 1039 (factual findings reviewed for substantial competent evidence, legal conclusions de novo). During O'Brien's cross-examination, Robinson admitted that she knew her husband was interested in sadistic sex and had numerous affairs during their 38-year marriage. Cunningham identified an inmate's relationship with family as the final assessment factor, explaining that inmates who are in routine contact with their families tend to have better prison adjustment and fewer disciplinary issues. Robinson believes the above-cited language in Kleypas squarely authorizes case-specific questions regarding a panelist's willingness and ability to consider a life sentence. State v. Bruce, 295 Kan. 1036, 1040, 287 P.3d 919 (2012). 1, 2, 3, 607 P .2d 477 (1980). First, Robinson highlights Judge Anderson's decision to exclude certain testimony from Suzette Trouten's former landlord, John Stapleton. Aggravated kidnapping is kidnapping when bodily harm is inflicted upon the person kidnapped. K.S.A. Judge Anderson reached different conclusions on the challenges of these jurors based on their voir dire responses, not because he applied the WittWitherspoon framework inconsistently. When questioned on the subject again during general voir dire, Juror 39 understood she would have to disregard all media facts and start with a clean slate at trial and confirmed her willingness and ability to presume defendant innocent. Inside the barrel, Pojman saw three pieces of gray or silver duct tape. As to prosecutor Welch's questioning of Cunningham, her use of the word we're rather than you're is of little significance. Mere speculation that with more time something favorable may happen for the defendant does not constitute good cause. Accordingly, the trial court did not err in failing to force the State to elect one theory or, alternatively, in failing to provide a special unanimity instruction to the jury. William Bonner was a prison physician who treated Robinson and other inmates. 213439(a)(6) and decide if the State's evidence was sufficient to establish the same. Manning, 270 Kan. at 691. 129, sec. Judge Anderson expressed his displeasure with the surprise maneuver, noting he had made it clear that this information was not going to be disclosed to jurors. Failure to Define Common Scheme or Course of Conduct in Instructions, The district judge provided a separate elements instruction for each capital murder count, Counts II and III of the Fourth Amended Complaint. In Locklear, the Washington Court of Appeals reversed defendant's conviction under a state drive-by shooting statute it found to be unconstitutionally vague. During cross-examination, the prosecutor asked, [W]ould it affect your opinion of your husband if you knew that he had taken [their granddaughter] to liaisons with one of his BDS & M girlfriends?.