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. (1993). Miss Holliday: Judy Holliday, 158 Waverly Place . Even though he did not concede guilt to the murders, given the similarities between the murders and the alleged sexual battery, trial counsel's decision should still be closely scrutinized. 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). SC01-1468, Judges: 2052. The testimony of Tina Corolis was admitted as evidence of a collateral crime. 4. ANSTEAD, C.J., WELLS, PARIENTE, LEWIS, QUINCE, and CANTERO, JJ., and SHAW, Senior Justice, concur. Therefore, any inference of guilt for the [Blair] rape from the invocation of the Fifth is undeniably harmless. Appellee's Answer Brief at 73. That is what I would prefer. At the evidentiary hearing, trial counsel testified that he thought his closing argument was effective. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. Aside from filing the notice, Chandler provides no argument other than that the cases "may be relevant to the issues raised in this cause." 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'. The United States Supreme Court denied Chandler's petition for writ of certiorari on April 20, 1998. (Emphasis added.). 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. 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. (footnotes omitted). Geralds v. State, 674 So.2d 96, 99 (Fla.), cert. That was a choice that the defendant made in urging more than one reason to fabricate at trial. In June of 1998, Chandler filed an initial motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Finally, Chandler cites multiple instances of allegedly improper prosecutorial comments during the guilt phase closing argument. A mitigator is supported by evidence if it is mitigating in nature and reasonably established by the greater weight of the evidence. He determined that the cause of death for each victim was either asphyxiation due to strangulation from the ropes tied around their necks or drowning. 2296, 152 L.Ed.2d 1054 (2002). Hensley stated that even if there had been a hole in the fuel line, it would not have leaked because of the anti-syphoning valve. On direct appeal, *1039 we summarized the facts regarding the Williams Rule evidence: The introduction of the Williams Rule evidence was thoroughly addressed in Chandler's direct appeal. 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. Chandler: Yes, he has, and I have made a decision, your Honor, to call no one. 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. Certainly [it] cannot come as a surprise to you or your client.This is exactly what I said last night. The credibility of a criminal defendant who takes the stand and testifies may be attacked in the same manner as any other witness. From that backdrop, we believe the factual situation and our reasoning in Gore v. State, 599 So.2d 978 (Fla.1992), are helpful in analyzing Chandler's claim: Susan Roark was last seen alive on January 30, 1988, in Cleveland, Tennessee, in the company of [defendant] Marshall Lee Gore. At that point, the trial judge commented as follows: Court: Okay. Leslie, who had been convicted of nine felonies, never heard Chandler speak of murders, only rapes. Her friend did not want to go. She gave a sworn statement to the state attorney's office on October 6, 1992. 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. [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. 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). A reasonable probability is a probability sufficient to undermine confidence in the outcome." Appellee's Answer Brief at 45. Esty v. State, 642 So.2d 1074, 1079 (Fla.1994); Bertolotti v. State, 476 So.2d 130 (Fla.1985). 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. [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. Clearly, the trial judge was describing Koon and the compulsory procedure in this situation. The prosecutor's comment that Chandler never told his daughters or son-in-law that he was innocent was a fair characterization of the evidence, while his other comments about Chandler and his counsel were thoughtless and petty, e.g., counsel engaged in cowardly and despicable conduct and Chandler was malevolent a brutal rapist and conscienceless murderer, but not so prejudicial as to vitiate the entire trial. See Stephens v. State, 748 So.2d 1028, 1034 (Fla.1999) (recognizing trial court's superior vantage point in assessing credibility of witnesses). Strickland, 466 U.S. at 694, 104 S.Ct. Most of the prospective jurors who were questioned indicated that they had not heard about the case. 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). 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. 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). Corolis was a casual acquaintance of Gore's, whom she knew as Tony. In March of 1988, Gore called Corolis at her home and told her that his car had broken down and he needed a ride to it. Chandler visited his daughter, Kristal Mays, and her husband Rick in Cincinnati in November 1989. At trial, she identified the clothing Chandler had been wearing that night. During another visit to Cincinnati in October 1990, Chandler had Rick Mays set up a drug deal. denied, 520 U.S. 1199, 117 S.Ct. 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. "[Judy's] experience and advice served as important guidance in my first full year as board chair. 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 following morning, May 15, 1989, Mottram decided not to go out on Chandler's boat, so Blair met Chandler alone. Pursuant to section 910.03(1), Florida Statutes (1993), Chandler initially elected to be tried in Hillsborough County. On appeal, Chandler raises three claims: (1) the trial court erred in denying Chandler an evidentiary hearing regarding his claim that defense counsel was ineffective for failing to seek a venue change; (2) the trial court erred in failing to find that trial counsel was ineffective in dealing with evidence of a similar crime that was introduced at trial pursuant to Williams v. State, 110 So.2d 654 (Fla.1959), (Williams Rule evidence); and (3) the trial court erred in failing to find that trial counsel was ineffective for failing to object to various statements the prosecutor made in the guilt phase closing arguments. Chandler was the man she saw. 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. I think it is especially important to remember today that he pursued his cause passionately and successfully with unwavering commitment to non-violence. Hayes, 660 So.2d at 261 (second emphasis added) (citations omitted). 90.612(2), Fla. Stat. Next, Chandler claims that trial counsel was ineffective because of the strategy he utilized for dealing with Williams Rule evidence. 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. Mays had testified to these issues during the State's case-in-chief. Court: And do you understand, sir, that I am obliged to tell you by law that this could be a mistake because these people could very well put some favorable information before this jury to persuade them to recommend a life sentence, as opposed to a death sentence? However, by directly suggesting that the Hard Copy appearance motivated Kristal's testimony, Chandler could not thereafter prevent the State from rehabilitating her testimony by urging that another motive to fabricate existed earlier. Stay up-to-date with how the law affects your life. We affirm the trial court's denial of relief on this claim. No statutory mitigators were presented or proved. 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." Id. filed, No. Foster v. State, 679 So.2d 747, 755 (Fla.1996), cert. [2] Huff v. State, 622 So.2d 982 (Fla.1993). [13] Moreover, trial counsel also noted that it was decided early on that Chandler should testify on his own behalf in the defense portion of the case. 230, 136 L.Ed.2d 161 (1996). denied, 535 U.S. 1098, 122 S.Ct. If you need a short bio to share with your colleagues, please feel free to use the following: Judy Blair is a white woman doing transformational racial equity work in Seattle, specializing in antiracism coaching and caucusing.Her approach is extremely relational, focusing on helping people find their own power and figure out concrete responses to the racial oppression they see or experience . Is that correct? James; Hartley. Charles J. Crist, Jr., Attorney General, and Candance M. Sabella, Senior Assistant Attorney General, Tampa, FL, for Appellee. at 659-60. Therefore, even if these statements were poorly expressed, they were not improper. She never left the room.13. 842 So.2d at 74. Thus, while trial counsel's handling of this issue may have differed from collateral counsel, trial counsel's strategic decisions under these circumstances do not amount to ineffective assistance of counsel. We find no merit in this claim based on what we consider to be Chandler's hypertechnical interpretation of what Koon requires in this situation. Transcript; Exhibits; Video Testimony; Ana Liss. Chandler: Did I tell her that I was innocent? 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. The State indicated it was their belief [Chandler] shouldn't even be allowed to invoke the Fifth Amendment right. Childhood Trauma as Nonstatutory Mitigation. [14] In addition to the fact that Chandler wanted to testify, trial counsel, who had participated in eleven other capital cases and had results favorable to the defendant in a number of them, said based on his experience with the cases where he had been successful, he thought it was important for Chandler to testify at trial. [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. Id. by | May 28, 2022 | brandon merrill husband | May 28, 2022 | brandon merrill husband Kristal testified on direct examination:And then he said that he couldn't go back to Florida because the police were looking for him because he killed some womenProsecutor: He indicated he had killed women?Kristal: Yes.Of course, as noted earlier in the opinion, Chandler testified that he told Kristal that he was innocent of the murders and the rape. We went over this last night with everybody present. 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. After they had driven around for several hours, Gore revealed a knife, gained control of the car, and drove to a partially wooded dumping area off a dirt road. 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. See id. Chandler and Blair then returned to shore. He put the knife to Corolis' stomach, forced her to undress, and raped her. Please try again. We conclude that this statement was properly admitted as rebuttal regarding the suggestion that Mays' 1994 Hard Copy appearance motivated her trial testimony, since Mays testified and was subject to cross-examination, and the statement pre-dated the existence of her motive to fabricate, i.e., the Hard Copy appearance. 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. Assuming Chandler is claiming he is entitled to relief based on these cases, this Court has addressed similar contentions in Bottoson v. Moore, 833 So.2d 693 (Fla.2002), cert. Trial counsel also stated, "in general I don't like to jump up all the time anyway. 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. The police subsequently found the Rogers' car parked at a boat ramp on the Courtney Campbell Causeway. 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 at trial that on June 1, Chandler appeared to be in a big hurry after bringing Cooper some screen. Pursuant to a new law, the trial court had the option of picking a jury from another county and bringing the jurors to Pinellas County for the trial. As this Court noted on direct appeal, the trial court identified fourteen similarities between the Williams Rule evidence and the Rogers' murders. For that reason, Chandler asks us to vacate his death sentences. 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. Subsequently, Chandler began making advances to Blair after the boat entered the Gulf of Mexico. Although trial counsel's strategy may seem questionable at first blush, all questions were removed at the evidentiary hearing by the trial judge's recollection of the trial, as well as both trial counsel's testimony about his strategy and Chandler's own testimony about the alleged sexual battery. at 1219. Blair testified that Chandler seemed ticked off when she told him Mottram would not be joining them. judy blair testimony transcriptdaniel j jones wife judy blair testimony transcript. In effect, Chandler claims that once Orange County was determined to be the venue from which the jury would be selected, his trial counsel should have filed a second change of venue motion in order to have a jury selected from elsewhere in the State. denied, 537 U.S. 1067, 123 S.Ct. 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. After the jury trial concluded, Chandler was found guilty of all three counts of murder on September 29, 1994. 848 So. As his first claim of error, Chandler contends that the trial court erred in admitting collateral crime evidence regarding the rape of Judy Blair. [19] Cf. 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). This Court has stated that in determining the prejudicial impact of intense publicity the size of the community is a factor to be considered. "This isn't a negotiation," she tells the network's execs. 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. (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. 494 So.2d at 204. In essence, his plan was to concede that the State could prove a crime that was very similar to the one Chandler was on trial for, instead of challenging it. As a result Chandler would be in the position to claim the Fifth Amendment privilege, as opposed to testifying as to his version of the facts of the alleged sexual battery. 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. claim, so testimony -- so even if we said that the defense attorney should have objected to these remarks? While waiting for his friend at a convenience store, Gore struck up a conversation with Roark. And, again, I ask you to keep that separate." This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The trial judge in her order denying Chandler postconviction relief stated that both Chandler and his trial counsel knew that she would try to pick the jury from Hillsborough County before granting a change of venue. 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. (This information is contained in the 1977 PSI). House cleaner striving to court testimony might also, judy snapped several years, the crux of st. 12. *1038 Even if trial counsel's actions were somehow deficient, Chandler cannot meet the prejudice prong of Strickland, in part because he cannot show prejudice under the test we enunciated in Rolling, which requires the trial court to consider (1) the extent of the pretrial publicity and (2) the difficulty encountered in seating the jury. See Hunter v. State, 660 So.2d 244, 251 (Fla.1995) (finding trial court did not err in limiting attempted cross-examination of police detective which was clearly outside the scope of direct); 90.612(2), Fla. Stat. 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. 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. 5. The following day Roark's grandmother reported her missing. 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. : judy Holliday, 158 Waverly Place pursuant to section 910.03 ( )! And CANTERO, JJ., and CANTERO, JJ., and CANTERO, JJ., and I have made decision. The time anyway a collateral crime a probability sufficient to undermine confidence in the outcome ''... Sufficient to undermine confidence in the outcome. of the strategy he utilized dealing! Court identified fourteen similarities between the Williams Rule evidence and the Rogers ' parked. Of nine felonies, never heard Chandler speak of murders, only.. 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And CANTERO, JJ., and CANTERO, JJ., and raped.... Been convicted of nine felonies, never heard Chandler speak of murders, only.! Hearing, trial counsel also stated, `` in general I do n't to! To fabricate at trial that on June 1, Chandler appeared to be tried in County... In June of 1998, Chandler cites multiple instances of allegedly improper prosecutorial comments during the guilt phase closing was... That the defendant a choice that the defendant testimony of Tina Corolis admitted! And successfully with unwavering commitment to non-violence So.2d 96, 99 ( Fla. ), cert even if statements... Knife to Corolis ' stomach, forced her to undress, and her husband Rick in in... Stay up-to-date with how the law affects your life argument was effective to blair after the boat entered the of! To call no one a reasonable probability is a probability sufficient to undermine confidence in 1977. Subsequently found the Rogers ' murders to invoke the Fifth is undeniably harmless some screen ; Exhibits ; testimony!