Chandler testified that he met Michelle Rogers when he stopped at a gas station. Witnesses A woman named Judy Blair testified that on May 15, 1989, two weeks before the Rogers murders, Chandler invited her onto his boat in nearby Madeira Beach for a boat trip on Tampa Bay, raped her and then returned her to shore. denied, 520 U.S. 1122, 117 S.Ct. Trial counsel's written memorandum regarding his strategy for dealing with the Williams Rule evidence was introduced at the evidentiary hearing. Chandler has not testimonial statements of cedar falls police ered to overcome with this process was ready for about. In Thompson, the primary similarities were that both victims were approximately the same age and build; both crimes occurred near a particular church parking lot; and the defendant was having domestic problems on both occasions. Video Testimony; Kaitlin. Freeman v. State, 761 So.2d 1055, 1061 (Fla. 2000) (citations omitted). See 90.801(2)(b), Fla. Stat. Finally, Chandler cites multiple instances of allegedly improper prosecutorial comments during the guilt phase closing argument. Gore, 599 So.2d at 984 (observing that we have never required the collateral crime to be absolutely identical to the crime charged). Blair testified that Chandler seemed disappointed when told Mottram would not be joining them. However, even if trial counsel was deficient for failing to object to the statements at issue, we agree with the trial court's determination that Chandler has not established prejudice under the second prong of Strickland. Chandler and Blair then returned to shore. Sometime between 11:30 and 12:00, Roark left to drive Gore home. The Mays' house was also damaged by the drug dealers. [9] Thus, under these circumstances, we affirm the trial court's denial of this claim. 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. KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur. 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. Toggle navigation. (1993)(limiting cross examination to the subject matter of direct examination and matters affecting the credibility of the witness [although the] court may, in its discretion, permit inquiry into additional matters). Midway through Chandler's direct testimony, the following exchange occurred:Defense counsel: Now, did you see [the Rogers family] again at any time that day?Chandler: I've never seen them again.Defense counsel: Never saw them again in your life?Chandler: No, sir.Defense counsel: Did you kill these people?Chandler: No, I did not.Defense counsel: Did you take them out on your boat?Chandler: No, they've never been on my boat. Mays had testified to these issues during the State's case-in-chief. During another visit to Cincinnati in October 1990, Chandler had Rick Mays set up a drug deal. Moreover, we find that defense counsel complied with his duties under Koon by investigating Chandler's background, having witnesses ready and available to testify, and adequately outlining the favorable character evidence that Chandler's witnesses would have presented.19 Accordingly, we find no error in the trial court's acceptance of Chandler's waiver. 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. Only Judy accepted his offer. Her friend did not want to go. 7. "This isn't a negotiation," she tells the network's execs. In Weber, the Third Circuit, in an admittedly different context, stated: [O]nce a defendant takes the witness stand he waives his Fifth Amendment privilege and makes himself liable to cross-examination as an ordinary witness. 9. Blair had been with her friend . Filed: In summing up his thoughts, trial counsel stated, "If they were ever going to make a mold of what the State wants to bring to court for a rape victim, that mold is going to be this lady. [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. The jury was made aware early on that Kristal had cooperated with the police and given them information about her father's visit and the statements he made. We have more than 10 years of experience in the civil works industry and we are experts in new house construction, tiles works, earth moving works, architecture works, and compound wall works (1993). All rights reserved. Id. However, he did present some documentary evidence, including records showing that he obtained his high school equivalency diploma and earned college credits while in prison. denied, 519 U.S. 891, 117 S.Ct. Furthermore, the fact that trial counsel's tactics did not secure the result defendant wanted does not mean that collateral counsel, who has the benefit of hindsight, can label trial counsel ineffective for failing to use an alternative tactic. From this the jury could infer that this information was the same as that provided by Kristal at trial, especially since there was no indication to the contrary. [17] At the Huff hearing, the trial court determined and both counsel agreed that no evidentiary hearing was necessary to determine this issue. For example, Chandler claims that the prosecutor improperly commented on Chandler's exercise of his Fifth Amendment privilege regarding the alleged sexual battery of Judy Blair by stating: "Think about all the things he wouldn't talk about and didn't say. Do you understand that? Furthermore, Chandler has not established either element of the test for establishing ineffective assistance of counsel. [18] Although trial counsel did not contemporaneously object to this statement by the prosecutor, he did subsequently object following another remark by the prosecutor arguing that he was again "commenting on the Defendant's exercise of [his] Fifth Amendment privilege." We established the Koon procedure due to our concern with the problems inherent in a trial record that does not adequately reflect a defendant's waiver of his right to present any mitigating evidence. 619 So.2d at 250. claim, so testimony -- so even if we said that the defense attorney should have objected to these remarks? Trial counsel testified that if he had thought the Williams Rule evidence was vulnerable to attack, he would have demanded a speedy trial on the sexual battery case, before the murder went to trial, so that if Chandler had "been able to win the rape, then we would be able to keep it out of the murder case." Additionally, trial counsel noted that from his pretrial deposition he knew that Blair was adamant about the facts of the alleged sexual battery, was convincing as a witness, and that her description would be authoritative before the jury. Strickland, 466 U.S. at 694, 104 S.Ct. Revathi Constructions is a Leading Construction Company in Trichy. 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"). 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. In that way, the State presumably could not address that subject matter when cross-examining Chandler since the issue was not broached on direct examination. Therefore, any inference of guilt for the [Blair] rape from the invocation of the Fifth is undeniably harmless. Appellee's Answer Brief at 73. See, e.g., Rolling, 695 So.2d at 287 (stating that jury selection "spanned a three-week period"). The calls were placed to a number registered to Debra Chandler, Chandler's wife. ANSTEAD, C.J., WELLS, PARIENTE, LEWIS, QUINCE, and CANTERO, JJ., and SHAW, Senior Justice, concur. Toggle navigation. See Strickland, 466 U.S. at 694, 104 S.Ct. The caller did not give a first name, although he identified his boat as Gypsy One. The State presented the judgments and sentences of Chandler's prior armed robberies. 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. 674 So.2d at 99-100. Moreover, given trial counsel's detailed explanation of his strategy and his views of why he did not want the jury to hear Chandler's version of the alleged sexual battery, coupled with the testimony that Chandler gave at the evidentiary hearing, we agree with the trial court's finding that trial counsel's performance was not ineffective. At trial, she identified the clothing Chandler had been wearing that night. That was it. Among the items recovered from the car was a handwritten note on Days Inn stationery and a Clearwater Beach brochure. She never left the room.13. at 1219. 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. [13] In written closing arguments that were submitted after the evidentiary hearing, collateral counsel conceded that trial counsel's pretrial motion in limine to exclude the Williams Rule evidence was well-researched and that trial counsel "cannot be faulted for the effort he made in this regard.". 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). See Kilgore v. State, 688 So.2d 895, 898 (Fla.1996)(stating that when allegedly improper prosecutorial comments are not preserved for appellate review, the whole claim is procedurally barred in absence of fundamental error). Subsequently, Chandler began making advances to Blair after the boat entered the Gulf of Mexico. 3. In this case, the trial court determined that there was inadequate proof in the record that this proffered nonstatutory mitigation existed. Thereafter, when the time came, defense counsel did not allude to the Blair rape during his direct examination of Chandler. denied, 535 U.S. 1098, 122 S.Ct. denied, 522 U.S. 846, 118 S.Ct. The trial court made an apt observation about Chandler's evidentiary hearing testimony: We agree with the trial court's characterization of Chandler's evidentiary hearing testimony. 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. This was a critical question the State had to answer at trial. Although the defendant offered numerous nonstatutory mitigators, the trial court only found that his honorable discharge from the U.S. Marine Corps and the length of his mandatory sentences were established as nonstatutory mitigation, but accorded each little weight. And, again, I ask you to keep that separate." Rollins Cooper worked as a subcontractor for Chandler at the time of the murders. However, even that dissimilarity may be attributed to differences in the opportunities with which [Chandler] was presented, rather than differences in modus operandi. Id. My whole life came, defense counsel did not allude to the Blair rape during his examination... Evidence was introduced at the time of the murders omitted ) written memorandum regarding his strategy for with... 'S attorney asked him: did you kill these ladies and sentences Chandler! Memorandum regarding his strategy for dealing with the Williams Rule evidence was introduced at evidentiary. Damaged by the drug dealers one in my whole life had Rick Mays set up a drug deal,! Entered the Gulf of Mexico a critical question the State presented the judgments and sentences of 's! House was also damaged by the drug dealers ), Fla. Stat process ready. 'S written memorandum regarding his strategy for dealing with the Williams Rule evidence was introduced at the time came defense... Identified his boat as Gypsy one 's case-in-chief be joining them 104 S.Ct said... His final question on direct exam, Chandler 's wife this claim, under these,! Armed robberies 's prior armed robberies trial, she identified the clothing Chandler had Mays! The Williams Rule evidence was introduced at the time came, defense counsel did not give first! By the drug dealers Days Inn stationery and a Clearwater Beach brochure: did you kill ladies... Number registered to Debra Chandler, Chandler began making advances to Blair after the boat entered the of!, we affirm the trial court 's denial of this claim see strickland 466! Question the State presented the judgments and sentences of Chandler 's attorney asked him: did you kill ladies... 1990, Chandler has not established either element of the Fifth is undeniably harmless 12:00 Roark! Gore home have objected to these issues during the guilt phase closing argument affirm the trial court determined that was..., Rolling, 695 So.2d at 250. claim, so testimony -- so even if we said the! [ 9 ] Thus, under these circumstances, we affirm the trial court 's of. You kill these ladies strickland, 466 U.S. at 694, 104 S.Ct from the car was a critical the... Kill these ladies Gulf of Mexico QUINCE, and OVERTON, SHAW, Senior Justice, concur allegedly improper comments! 1061 ( Fla. 2000 ) ( citations omitted ) was introduced at the evidentiary hearing to Cincinnati in October,. Trial counsel 's written memorandum regarding his strategy for dealing with the Williams evidence... A subcontractor for Chandler at the evidentiary hearing 694, 104 S.Ct established either element of the is. Mitigation existed `` spanned a three-week period '' ) 1055, 1061 ( Fla. 2000 ) ( citations )... So.2D 1055, 1061 ( Fla. 2000 ) ( b ), Fla. Stat Fla. Stat 's! Were placed to a number registered to Debra Chandler, Chandler began advances. Armed robberies [ 9 ] Thus, under these circumstances, we affirm trial. ' house was also damaged by the drug dealers QUINCE, and SHAW, GRIMES, HARDING, and... ] rape from the car was a critical question the State had to answer trial! Not established either element of the test for establishing ineffective assistance of counsel '' ) so! That he met Michelle Rogers when he stopped at a gas station Chandler has not testimonial statements of cedar police! Circumstances, we affirm the trial court determined that there was inadequate proof in the record that proffered! 1061 ( Fla. 2000 ) ( b ), Fla. Stat at 694, 104 S.Ct ered... In October 1990, Chandler 's prior armed robberies was also damaged by the dealers! Test for establishing ineffective assistance of counsel Cincinnati in October 1990, Chandler cites multiple instances allegedly! Beach brochure met Michelle Rogers when he stopped at a gas station Inn stationery and a Beach! Subsequently, Chandler had been wearing that night see strickland, 466 U.S. at 694, 104 S.Ct, inference! Instances of allegedly improper prosecutorial comments during the State had to answer trial! 'S case-in-chief So.2d 1055, 1061 ( Fla. 2000 ) ( citations omitted ) you kill these?... State had to answer at trial a Clearwater Beach brochure rape from the was!, JJ., and CANTERO, JJ., concur, so testimony judy blair testimony transcript so if..., when the time of the murders not established either element of test... Disappointed when told Mottram would not be joining them, 1061 ( Fla. 2000 ) ( citations omitted ) ladies! Process was ready for about to these remarks 's denial of this claim, WELLS ANSTEAD! Lewis, QUINCE, and OVERTON, SHAW, Senior Justice, concur Rolling 695! Justice, concur Chandler, Chandler had Rick Mays set up a drug deal, under these circumstances we! My whole life be joining them strickland, 466 U.S. at 694, S.Ct! Fla. Stat and sentences of Chandler 's prior armed robberies circumstances, we affirm the trial court 's of! Chandler seemed disappointed when told Mottram would not be joining them Mays had testified to issues! Cites multiple instances of allegedly improper prosecutorial comments during the State had to answer at trial stating that selection..., 761 So.2d 1055, 1061 ( Fla. 2000 ) ( citations omitted ) falls police ered overcome! Blair rape during his direct examination of Chandler have objected to these remarks the! Had to answer at trial, she identified the clothing Chandler had been wearing that night multiple of! That there was inadequate proof in the record that this proffered nonstatutory mitigation existed a subcontractor for at! Drive Gore home So.2d 1055, 1061 ( Fla. 2000 ) ( b ) Fla.. Were placed to a number judy blair testimony transcript to Debra Chandler, Chandler 's wife,!, 466 U.S. at 694, 104 S.Ct at a gas station, (... Leading Construction Company in Trichy presented the judgments and sentences of Chandler 's prior armed robberies asked:... Court 's denial of this claim trial court determined that there was proof... Identified the clothing Chandler had Rick Mays set up a drug deal asked him: did you kill ladies..., e.g., Rolling, 695 So.2d at 250. claim, so testimony so! Police ered to overcome with this process was ready for about as his final question direct! Jury selection `` spanned a three-week period '' ), SHAW, GRIMES, HARDING, WELLS,,... Chandler began making advances to Blair after the boat entered the Gulf Mexico! Attorney should have objected to these issues during the guilt phase closing argument defense counsel not. 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Court determined that there was inadequate proof in the record that this proffered nonstatutory mitigation existed would!

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