The Supreme Court today affirmed the death sentence in People v. Schultz for a 1993 Port Hueneme murder committed during a rape and burglary.
The court’s unanimous opinion by Chief Justice Tani Cantil-Sakauye rejects an argument the superior court had improperly excused two prospective jurors because of their views against the death penalty. That “death qualification” issue led to a reversal of Scott Peterson’s death sentence three months ago, but in this case the court found substantial evidence supported the trial judge’s decision that the two prospective jurors would not follow the law at the trial’s penalty phase.
The court also found without merit contentions that reversal was required for various reasons, including the admission of DNA evidence and of evidence that, while awaiting trial, the defendant had corresponded with a prisoner who was a former white supremacist gang leader. Additionally, the court concluded the prosecutor had committed “clear misconduct” in eliciting testimony about the contents of one of the gang leader’s letters, but decided trial court admonishments to the jury justified the denial of a mistrial motion.
As it has in recent death penalty appeals, the court summarily dismissed a request to change the rule that juries are not required to make unanimous findings beyond a reasonable doubt on aggravating factors, despite the court’s signaling in the pending McDaniel appeal that it will reconsider the rule. (See here and, also, here.)
