See Strickland, 466 U.S. at 694, 104 S.Ct. 158, 100 L.Ed. He testified that he had a very brief conversation with Michelle, giving her directions to the Days Inn on Highway 60. 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. 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. The material issue to be resolved by the similar facts evidence in the present case is identity, which the State sought to prove by showing Drake's mode of operating. (This information is contained in the 1977 PSI). This was a critical question the State had to answer at trial. Her office is not accepting new patients. The October 1992 statement was undisputedly made after the October 1990 drug money incident. He is going to testify. In this case, the biggest difference is, of course, that Judy Blair lived and the Rogers women were murdered. Strickland, 466 U.S. at 694, 104 S.Ct. Since we do not find that the prosecutor's comments during closing argument constitute fundamental error,5 this claim of error is procedurally barred. Trial counsel also thought he "had established a pretty good rapport with the jury during the closing argument." 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. We also find any potential error harmless. Roark had planned to spend the night at her friend's home. Having made this choice, he must suffer its natural consequences. 400 So.2d at 1219. Aside from filing the notice, Chandler provides no argument other than that the cases "may be relevant to the issues raised in this cause." Put my court testimony at least he was taken to blair and judy blaire was registered trademark infringement suit is admitted in this curriculum includes both. As illustrated, although he invoked the Fifth Amendment numerous times, he also gave some testimony about his fear that the Blair rape and the murders would be linked. 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. 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.". He convinced a friend to help him pawn several items of jewelry later identified as belonging to Roark. [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. The State indicated it was their belief [Chandler] shouldn't even be allowed to invoke the Fifth Amendment right. Although cross-examination is generally limited to the scope of the direct examination, the credibility of the witness is always a proper subject of cross-examination. Is that correct? Shortly thereafter Gore pawned several items of Corolis' jewelry and then proceeded to Kentucky in her car. 2052. Judy Mogul Video Testimony (Transcript and Exhibits previously released) Maggie Moran Transcript Exhibits John Maggiore Transcript Exhibits Matt McGrath Transcript Exhibits Harold Moore Transcript Exhibits Jefrey Pollock Transcripts Exhibits Larry Schwartz Transcript Exhibits Lis Smith Video Testimony (Transcript and Exhibits previously released) 488 So.2d at 55. Chandler: Yes, he has, and I have made a decision, your Honor, to call no one. 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. Nevertheless, Professor Ehrhardt has noted that: All witnesses who testify during a trial place their credibility in issue. Id. The test of inadmissibility is a lack of relevancy. at 189. He testified at trial that after viewing television reports about the recovery of the victims' bodies from Tampa Bay, Chandler said that he had met the three women and given them directions to a boat ramp on the Courtney Campbell Causeway. 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. 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"). V, 3(b)(1), Fla. Const. Chandler testified that he met Michelle Rogers when he stopped at a gas station. 5 (1 rating) Leave a review. Trial counsel testified at the evidentiary hearing that if he had not been able to select a jury in Orange County, he would have moved for a change of venue at that point.[7]. Only Judy accepted his offer. However, in some circumstances a decision not to object to an otherwise objectionable comment may be made for strategic reasons.[20]. It's ridiculous.. On November 4, 1994, after adjudicating Chandler guilty on all counts, the trial court imposed three death sentences on Chandler for the murders of the Rogers family.3. filed, No. Kristal testified that after her father left Cincinnati, she discussed their conversation with Valerie. Chandler asked Blair to get Mottram to join them for an after-dinner boat trip. We agree that the decision not to object to improper comments is fraught with danger and may not be wise strategy because it might cause an otherwise appealable issue to be considered procedurally barred. Furthermore, as the State notes, since Chandler's defense counsel conceded that the State could prove that Chandler raped Blair several weeks before the Rogers' murders on a blue and white boat in the Gulf of Mexico, accordingly, long before Chandler invoked the Fifth concerning the [Blair] rape, the jury had already accepted Chandler's guilt for [that] rape. On direct appeal, Chandler did not challenge any members of the Orange County jury as being unfair or unable to be impartial. Samuel McMullin, a fingerprint expert for the Hillsborough County Sheriff's Department, found Chandler's palm print on the brochure. Because we find that Chandler's claim is refuted by the record, we agree that there was no need for an evidentiary hearing on the amount of pretrial publicity in the case. 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. 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. 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). Chandler told Stephenson that one of the girls was very attractive. That was it. 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. judy blair testimony transcript. The instant case is similar to Thompson v. State, 759 So.2d 650, 664 (Fla.2000), in which the defendant claimed defense counsel was ineffective for failing to object to several improper remarks by the prosecutor. what is virgo spirit animal. 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 910.03(3), Fla. Stat. [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. (1993). In the final analysis, Chandler knew before he testified that under the ground rules established by the trial judge, the State could permissibly cross-examine him about the Blair rape and he could invoke his Fifth Amendment right against self-incrimination. Chandler told them that he knew the area and that . Transcripts and Exhibits from Independent Investigation into Sexual Harassment Allegations Against Former Governor Andrew Cuomo . Appellee's Answer Brief at 45. It is because Judy Blair did the exact same thing within 24 hours of having met Chandler, with no fear for her safety, that the jury had relevant evidence to prove Oba Chandler had the same opportunity to lure the Rogers' women aboard his boat and to their ultimate deaths. Greater Cincinnati Behavioral. However, this situation presents a unique twist: Chandler softened the blow by stating to the jury in opening argument, which of course is not considered evidence, that the State would talk at length about the Blair rape but that was a different case from the one before them. Moreover, the decision regarding whether to seek a change of venue is "usually considered a matter of trial strategy by counsel, and therefore not generally an issue to be second-guessed on collateral review." 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. Miss Holliday: Judy Holliday, 158 Waverly Place . However, our review of the trial court's order and the record from the evidentiary hearing demonstrates that trial counsel's *1041 performance in this case was not deficient under Strickland. The trial judge's order explicitly states that if Chandler had moved for a second change of venue, the stipulation would have been considered rescinded and she would have proceeded to attempt to pick an impartial jury from Hillsborough County before she would have granted a change of venue. Even though collateral counsel disagrees with trial counsel's strategy for dealing with the Williams Rule evidence, this disagreement does not place trial counsel's decision on how to deal with the evidence outside the realm of reasonably effective assistance of counsel. His mother remarried when he was thirteen, and he lived with them until he was seventeen when he voluntarily left home to live with his sister; and then decided to live on his own. 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'. judy blair testimony transcript. In this case, the trial court's detailed order admitting the collateral crime evidence found the following fourteen similarities between the Blair rape and the Rogers' murders: (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. The email address cannot be subscribed. Do you understand that? Anderson v. State, 574 So.2d 87, 93 (Fla.1991). After the hearing, the trial court entered an order explaining the stipulation and stating that the parties and Chandler had agreed to the stipulation. 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. The improper admission of prior consistent statements is also subject to harmless error analysis. Trial counsel testified that he was convinced that if Chandler claimed on the stand that he had consensual sex with Blair, the prosecutor's strategy "would have been to pull [Chandler] through that, probably spend who knows how long on going over the facts of the rape and every point that he disagreed with her." (Emphasis added.) The police subsequently found the Rogers' car parked at a boat ramp on the Courtney Campbell Causeway. Oba Chandler was charged with three counts of first-degree murder for the murder of Joan Rogers, and her two daughters, Michelle and Christe. Gore, 599 So.2d at 984 (observing that we have never required the collateral crime to be absolutely identical to the crime charged). [4] We address each of these issues in turn. This Court previously summarized the facts surrounding these crimes in the opinion on direct appeal. It's going to be Judy Blair.". (1993). Thereafter, when the time came, defense counsel did not allude to the Blair rape during his direct examination of Chandler. 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). See Stephens v. State, 748 So.2d 1028, 1033 (Fla.1999). by | May 28, 2022 | brandon merrill husband | May 28, 2022 | brandon merrill husband 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." The robbery victims also testified about the details of those crimes. We note that Mottram refused to go for a cruise not once, but twice. *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. Contact us. In June of 1998, Chandler filed an initial motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. As with Tina Corolis's fortuitous survival after being savagely punched, strangled, and stabbed by Gore, the evidence adduced at trial indicates that Judy Blair may be alive today because Barbara Mottram refused to join her and Chandler on the boat and awaited her return at the boat dock. Outdoor Learning . They stopped up, started talking with Rick about building money up. The claims are: (1) the trial court violated Chandler's constitutional right to a fair trial by admitting evidence that he sexually battered Judy Blair; (2) the trial court erred in requiring Chandler to repeatedly invoke his right to remain silent before the jury; (3) the trial court erred in allowing the State to present a prior consistent statement by Kristal Mays; (4) the prosecutor's closing argument violated Chandler's right to a fair trial; (5) the trial court erred in accepting Chandler's waiver of his right to present mitigating testimony during the penalty phase; (6) the trial court erred in rejecting Chandler's claim of childhood trauma as a mitigating circumstance; and (7) the standard jury instruction for the heinous, atrocious, or cruel aggravating circumstance is unconstitutionally vague. As his final question on direct exam, Chandler's attorney asked him: Did you kill these ladies? Chandler responded that I have never killed no one in my whole life. Chandler's claim of error addresses the first prong. monkey in the middle math; arp church bulletin. As to Chandler's claim regarding the prosecutor's questions about the Blair rape, we believe that this issue constitutes a classic case of trying to take the wind out of your opponent's sails by pre-emptively admitting extremely prejudicial evidence and thereby softening the blow. See art. At the evidentiary hearing, trial counsel testified at length about his perception of Blair's credibility and appearance. denied, 537 U.S. 1070, 123 S.Ct. Trial Chandler's testimony At his trial in Clearwater, Florida, Chandler . It convenient also knew more structure to give proof. 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. We denied, 520 U.S. 1122, 117 S.Ct. Garrett Graff . Transcript; Exhibits; Video Testimony; Ana Liss. As his next claim of error, Chandler asserts that the trial court erred in forcing him, in effect, to repeatedly invoke his Fifth Amendment right against self-incrimination before the jury in response to questions about the Blair rape. He testified that two men in a boat gave him a tow to Gandy Bridge Marina, where he put some fuel in his boat. Your Honor, to call no one do not find that the prosecutor 's comments closing... Prosecutor 's comments during closing argument. course, that Judy Blair and! In this case, the biggest difference is, of course, that Judy Blair and... Blair. `` the test of inadmissibility is a lack of relevancy conversation. ] should n't even be allowed to invoke the Fifth Amendment right the Rogers women were murdered was. Closing argument. jewelry later identified as belonging to roark after-dinner boat trip v 3. A critical question the State had to answer at trial testimony ; Ana.... 748 So.2d 1028, 1033 ( Fla.1999 ) in my whole life as being unfair unable! 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