John Edward Robinson Sr. was an American serial killer from Kansas. Remington ended her chat session with Trouten at 12:51 a.m. Remington never saw or spoke to Trouten again. 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. 6, 234 P.3d 761, cert. In other words, the challenged statement is not properly attributed to the prosecutor. Through this comparative analysis, Cunningham identified four key factors, in decreasing order of significance, supporting his opinion that Robinson would experience a positive, nonviolent adjustment in the prison system, including: (1) his age; (2) his past behavioral history in custody; (3) correctional staff appraisals; and (4) contact with family and children. The prosecutor repeated this explanation at the outset of closing argument. Robinson also highlights the prosecutor's comments to the thirteenth small group panel on September 23, 2002, when he asked prospective jurors 85 and 87 if they could set aside the information they learned and any opinions formed as a result of exposure to pretrial publicity and decide the case based on the evidence presented at trial. The comments drew no objection from the defense. Despite Robinson's multiple, ongoing extramarital affairs, Nancy stayed in the relationship. Commenting on the courtroom demeanor of a nontestifying defendant defies the purpose of closing argument, so neither party should be allowed to expressly or implicitly refer to it. 4. The district judge's venue instruction failed to incorporate either statutory provision. I want to assure you that you should not be concerned for your safety. We begin with the search warrant statutes, which predate the legislature's enactment of K.S.A. As Robinson grew older, the abuse escalated, often leaving him unconscious or bedridden, and his mother isolated him from other family members.. 55, 77 L.Ed. Judge Anderson overruled Robinson's objections, allowing Mattingly to testify in accordance with the proffer. The district judge provided a limiting instruction so the jury would not consider the lessee's complaint for the truth of the matter asserted. Thompson examined the plastic sheeting and duct tape and developed four latent prints of value. Many of these items were later identified as Lewicka's property. Granted, there are other factors that explain the inordinate number of death penalty exonerations, one of which is the practice of death-qualification of the capital jury, i.e., no one can serve as a juror unless he or she is willing to impose the death penalty. One of the charges against Robinson is that he killed the baby's mother, Lisa Stasi, and arranged for his brother and sister-in-law to adopt Stasi's four-month-old baby, Tiffany. We disagreed, finding that the allegation Scott killed Douglas Brittain was necessarily implied by the language used and a common-sense reading of the charge. 286 Kan. at 64. The foreman testified that at that point the sentence had been decided and all that remained was for him to sign the verdict form and inform the district judge. And if the death penalty fails to reach the goals of deterrence or retribution, it is nothing more than the purposeless and needless imposition of pain and suffering and hence an unconstitutional punishment. 135 S.Ct. 12, which provides: [I]f one or more jurors is not persuaded beyond a reasonable doubt that aggravating circumstances outweigh mitigating circumstances, then you should sign the appropriate alternative verdict form, and Instruction No. 4, 286 P.3d 195 [2012] ). She was pregnant at the time. She was separated from her husband Carl, was only a teen herself, and he told her he could get her into a job-training program in Texas, according to The Chicago Tribune. Did Loretta Mattingly's testimony compel a mistrial? See Johnson, 354 F.Supp.2d at 956 (extensive media publicity justified use of juror numbers to protect jurors' privacy and limit their exposure to extrajudicial information). 213439(a)(6) and decide if the State's evidence was sufficient to establish the same. Thus the district judge had no basis upon which to make a finding of good cause warranting a continuance. Defendant's own venue study confirmed the media's coverage of the case was probably unprecedented in Johnson County. State v. Gonzalez, 290 Kan. 747, 75556, 234 P.3d 1 (2010). 222401a(2). See State v. Franklin, 280 Kan. 337, 342, 121 P.3d 447 (2005) (text messages authenticated where content consistent with defendant's activities and statements); see also United States v. Siddiqui, 235 F.3d 1318, 132122 (11th Cir.2000) (e-mails properly authenticated where witness testified that subject matter of e-mail conversations carried over into telephone conversations). The State agrees the comments were improper but argues they were not prejudicial. 1698 (2015). 222401a(2)(b) imposes no such requirements. State v. DeMille, 756 P.2d 81, 84 (Utah 1988) (juror's communication to other jurors that defendant's guilt was revealed to her through prayer did not constitute extraneous influence undermining jury's verdict). 1, 83 P.3d 1212 (2004) (Criminal statutes and penalties in effect at the time of the criminal act are controlling.). As a child, he showed early signs of sociopathy: deceit, manipulation, and kleptomania. 257 Kan. at 1019. The jury was free to consider this evidence offered in support of the capital murder counts, Counts II and III, as probative of Robinson's specific intent to inflict bodily injury under Count I, aggravated kidnapping. State v. Warrior, 294 Kan. 484, 505, 277 P.3d 1111 (2012). The Zelinka rationale applies equally to Robinson's challenge. Best Match Powered by Whitepages Premium AGE 50s Nancy Carol Robinson Riverside, CA (East Riverside) Aliases I want you both to thoroughly explore the attitudes of the jury under Witherspoon. 213439(a)(6), that the murders of Trouten and Lewicka were each part of a common scheme or course of conduct that also included the intentional, premeditated murders of Beverly J. Bonner, Sheila Faith, Debbie Faith, and Lisa Stasi. Defense counsel disclosed the fact of Robinson's prior incarceration to the first panel during general voir dire, but he did so out of concern that these facts might bleed into the proceedings inadvertentlynot because the defense had a calculated strategy to introduce the subject during the guilt phase. After having been exposed to the rules governing capital sentencing process, Juror 14 never expressed an inability to follow instructions or suggested he would shift the sentencing burden to the defense. Robinson argues the trial court erred in denying his requests for a second continuance in the face of evidence establishing: (1) the division-of-labor agreement, whereby retained counsel, Thomas, was to prepare the guilt phase defense and appointed counsel, Berrigan and O'Brien, the penalty phase defense; (2) the unexpected discharge or withdrawal of Thomas; and (3) the impact of Thomas' withdrawal on trial preparations. Unlike previous e-mails, the tone of this message was respectful and polite. In both instances, the district judge prevented defense counsel from asking whether certain types of mitigation would outweigh aggravating circumstances and warrant a life sentence, i.e., staking out the jurors. 1698 (2015). On September 3, 1984, Lisa Stasi gave birth to her first child, Tiffany Lynn, at Truman Medical Center in Kansas City, Missouri. This process is all about finding just punishment, fairness, and I'm sure we would all agree that capital punishment should be reserved for the most severe crimes. 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.". Applied here, K.S.A. Nevertheless, even using the majority's liberal concept of nexus, Trouten's murder does not fit. The Ninth Circuit found the district court erred in denying defendant's motion for mistrial because the prosecution's theory was dependent on the victim's testimony and Bodkin essentially vouched for this witness' credibility based on her knowledge, training, and expertise. 24, 17 L.Ed.2d 705 (1967). Our other case precedents offer additional support for Judge Anderson's rulings. In Spain, we recognized that under K.S.A. After responding in the affirmative to both questions, prosecutor Morrison asked, And if I gave you a scenario of a hundred homicides, we'd be able to find differences in the facts and circumstances of all of them, correct? Defense counsel objected, claiming that the question unduly narrowed mitigating circumstances to the facts surrounding the crime itself, but the district judge overruled, explaining that the objection presumed the question dealt only with the elements of the crime and not other mitigating and aggravating factors. 222516(1)(c). I am excited about going. In online chat sessions, Remington and Trouten discussed her work for and relationship with Robinson. I would reverse the remaining capital murder conviction and remand for resentencing as a first-degree premeditated murder. On February 16, Robinson brought two Pekingese dogs, one named Harry and the other named Peka, for boarding at Ridgeview Animal Hospital in Olathe. denied 263 Kan. 889 (1997). 213439(a)(6), in Gleason, we again required only that the multiple murders be related to one another in some way. Defendant argues Judge Anderson erred in denying his challenge for cause of Juror 69 because the veniremember was unable to hold the State to its burden of proof. Taylor testified that her ongoing communication with Tom ceased after Robinson's arrest on June 2, 2000. See Zimmerman v. Board of Wabaunsee County Comm'rs, 289 Kan. 926, Syl. However, Juror 229 confirmed her ability to set these views aside and reach a sentencing decision based on aggravating and mitigating circumstances. 1. Robinson said the dogs belonged to his employee. Was the trash located within the curtilage of the residence? 082171JWL, 2009 WL 129367, at *4 (D.Kan.2009) (unpublished opinion) (in 42 U.S.C. Law enforcement officers had already issued subpoenas to defendant's telephone carriers and analyzed pen register data tracking calls from his home and cellular phone, but they needed to ascertain the substance of Robinson's conversations with the women he targeted to advance the goals of the investigation. Contrary to Robinson, we find these comments were consistent with established law. On October 2, 2002, the district judge began the third phase of jury selection by dividing the 83 remaining veniremembers into two separate panels for general voir dire. The KCMO Lab voluntarily produced this data on CDROM. 135 S.Ct. } else if ( host.indexOf("asia.cnn.com") != -1 ) { There the trial judge struck a prospective juror who admitted that she was substantially impaired because she could not vote for the death penalty, except under exceptional circumstances that she was unable to identify. 222616(1). Here, defendant failed to show Juror 39 was exposed to or affected by the type of uniquely prejudicial information at issue in Yurk. 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. 1, 279 P.3d 105 (2012) (courts shall presume that the legislature does not intend to enact useless, superfluous, or meaningless legislation). Employees said Robinson appeared to be agitated and in a hurry. Jurisdiction to Issue Extraterritorial Search Warrant. 2885, 81 L.Ed.2d 847 (1984) (where juror exposure to publicity raises concerns of bias, relevant question is whether he or she can set information aside and judge case on the evidence). The trips never materialized, and police found Cox's letters during the search of Robinson's Olathe residence 2 years later. Robinson also cites State v. Hall, 246 Kan. 728, 793 P.2d 737 (1990), overruled in part on other grounds by Ferguson v. State, 276 Kan. 428, 78 P.3d 40 (2003), in support of the same argument. According to the Supreme Court decision, Robinson was a self-employed, but not entirely successful, entrepreneur. Santa Barbara Estates was not a gated community, and there was no physical barrier impeding access into the area. ABC's long-running journalistic and true crime show, '20/20,' focuses on notorious serial killer John Edward Robinson in an episode titled "Sole Survivor." It has resurrected his sinister reputation in public memory. See K.S.A. For the same reason, it is not apparent the testimony was offered for the purpose of proving the content of the correspondence, invoking the limitations of the best evidence rule. The State's lone aggravating circumstance is set out in K.S.A. He confirmed that the defense team had agreed he would handle the guilt phase, while appointed counsel, Berrigan and O'Brien, would handle the penalty phase. During recross of Wissel, the defense asked if he had completed any independent investigation before handing the case over to Detective Scott. 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. He didn't cry when there was testimony about Izabela Lewicka's body was taken out of that barrel. Sheila Faith married John Faith, and the couple had a baby girl named Debbie Lynn on October 17, 1978. See New Image Painting, Inc. v. Home Depot U.S.A., Inc., No. See State v. Flournoy, 272 Kan. 784, 79697, 36 P.3d 273 (2001) (comment speculating about victim's final thoughts improper). 4. See State v. SmithParker, 301 Kan. 132, 164, 340 P.3d 485 (2014) (jury instruction which provided that jury will enter verdict of guilty in absence of reasonable doubt clearly erroneous because [i]t essentially forbade the jury from exercising its power of nullification). Judge Anderson said Juror 173's comments came close but did not actually taint the entire panel. However, neither Woods nor Hanks held that a single identifiable goal or motive of the defendant was a prerequisite to finding a common scheme. Granted, some uninformed, chest-pounding death penalty proponents will demand that the delays between sentencing and execution be shortened, if not eliminated. Nancy Robinson and her four children also released a statement: "We as a family have followed the events of the last week in horror and dismay along with each of you. The discrepancy between Robinson's calculation and his actual challenges for cause highlights the unreliability of defendant's calculations. Lived In Eustis FL, Birmingham AL, Danbury CT. Related To John Robinson, Jacqueline Robinson, Simon Robinson, Cynthia Robinson, Merrill Robinson. Unlike the situation in Alderson, neither Judge McClain nor any member of his family suffered injury or financial loss from Robinson's sham affidavits. Rather, the issue is whether the phrases common scheme and course of conduct are easily understood by lay jurors. 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. Lenexa Police Detective Dave Brown offered a 31page supporting affidavit containing hundreds of averments set forth in 78 separate paragraphs. John Edward Robinson: The Internet's First Serial Killer Likewise, Robinson relies on authority construing Kansas' joinder statute, which allows the State to join offenses in a single complaint under a variety of circumstances, including where the crimes are based on two or more acts or transactions connected together or constituting parts of a common scheme or plan, K.S.A. The first is the fact that a lengthy delay subjects death row inmates to decades of especially severe, dehumanizing conditions of confinement. 135 S.Ct. During Robinson's penalty phase case, Nancy Robinson testified to the character of her husband as a good father, grandfather, and family man. Between 1973 and 1995, courts identified prejudicial errors in 68% of the capital cases before them. 135 S.Ct. See Carr, 300 Kan. at 121 (no error in denying challenge of allegedly mitigation-impaired jurors; selected passages from the questionnaire and voir dire responses of these [challenged] prospective jurors yield cause for concern, but they eventually professed understanding of and fidelity to the law). Juror 184 responded, Well, yes, sir. Though granted the opportunity, defense counsel did not ask any further questionseither general or specific to Juror 173's commentsexploring panelists' impartiality. We have held that this two-part test applies to allegations of improper prosecutorial comments during voir dire. State v. McReynolds, 288 Kan. 318, 323, 202 P.3d 658 (2009).