17. Clearly, the trial judge was describing Koon and the compulsory procedure in this situation. In Strickland, the United States Supreme Court stated: Strickland, 466 U.S. at 689, 104 S.Ct. Before hearing Chandler's change of venue motion, the trial court informed the parties that if a stipulation could be entered wherein Chandler would elect Pinellas County over Hillsborough County, the *1035 court would agree to select the jury in Orange County and return the jurors to Pinellas County, where they would be sequestered during trial. [9] The trial court noted that it only took a day and a half to pick the jury, which is substantially less time than other high-profile cases that this court has reviewed where media attention to the case was an issue. 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explicitly states that if Chandler had moved for a second change of venue, the stipulation would have been considered rescinded and she would have proceeded to attempt to pick an impartial jury from Hillsborough County before she would have granted a change of venue. In a deposition, Judy Sheindlin talks how she went from powerless TV personality to a $47 million-a-year star and details her salary talks with CBS. 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. Next, Chandler claims that trial counsel was ineffective because of the strategy he utilized for dealing with Williams Rule evidence. He convinced a friend to help him pawn several items of jewelry later identified as belonging to Roark. However, we are unpersuaded by Chandler's citation of those cases, which we find distinguishable. Id. Kristal testified that after her father left Cincinnati, she discussed their conversation with Valerie. 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. at 193-94. (Supp.1994). [12] Chandler had not been tried or convicted for the alleged sexual battery. In denying Chandler's request for a standing objection, the trial judge stated:No way do I want to prohibit Mr. Chandler from testifying before this jury. 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. While waiting for his friend at a convenience store, Gore struck up a conversation with Roark. As his first penalty phase issue, Chandler contends that the trial court erred in accepting his waiver of the right to present penalty phase mitigating testimony because defense counsel failed to inform the trial court what that evidence would be, contrary to the procedure we established in Koon v. Dugger, 619 So.2d 246 (Fla.1993). 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. However, in cases where there has been no evidentiary hearing, we must accept the factual allegations made by the defendant to the extent that they are not refuted by the record. To support his argument, Chandler directs our attention to Drake v. State, 400 So.2d 1217 (Fla.1981); Thompson v. State, 494 So.2d 203 (Fla.1986); and Peek v. State, 488 So.2d 52 (Fla.1986), wherein we found that the prior sexual crimes of the defendants in those cases were inadmissible in their murder prosecutions since the collateral crimes were insufficiently similar. At trial, she identified the clothing Chandler had been wearing that night. [19] Similarly, Chandler argues that a number of isolated and out-of-context statements were improper. Mr. Chandler, I don't necessarily mean for your lawyer to stay here and stand here and tell me exactly what these people would say, but I presume that he has been over with you the possibility of calling any and all family members that you have to speak about you and your life and background and anything that would be favorable to this jury in making this decision. Ineffective assistance of counsel claims present a mixed question of law and fact subject to plenary review based on the Strickland test. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Court: Is there anything else we need to put on the record? 2052. Cooper met Chandler the next morning at 7:05 a.m.; when asked why he looked grubby, Chandler replied that he had been out on his boat all night. Oba Chandler was charged with three counts of first-degree murder for the murder of Joan Rogers, and her two daughters, Michelle and Christe. Chandler: I went to the motel, checked in, give her a call. That's your concern and Mr. Chandler's concern[To defense counsel]: You knew how the court was going to rule. The hearing was overseen by staff director Richard Arens and Senator Richard Watkins. 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. 2. Kristal later testified that Chandler told her he could not go back to Florida because the police were looking for him for killing some women. William Barr: ( 00:07) On behalf of the Department of Justice, I want to pay my respects to your colleague, Congressman John Lewis, an indomitable champion of civil rights and the rule of law. 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. Drake, 400 So.2d at 1219 (emphasis added). (This information is contained in the 1977 PSI). Oba CHANDLER, Appellant, v. STATE of Florida, Appellee. 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. judy blair identified. Geralds v. State, 674 So.2d 96, 99 (Fla.), cert. At the evidentiary hearing, Chandler's trial counsel testified that this opening statement was part of the strategy to keep Chandler's Fifth Amendment rights intact and that if he had denied the alleged sexual battery in his opening it might have opened the door to the State to cross-examine Chandler on it. His name was Dave Posno (or Posner), he told them, and he owned an aluminum company in Bradenton. 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. 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. Former attorney general Jody Wilson-Raybould told the House of Commons justice committee that she faced political pressure from individuals within her own party to prevent SNC-Lavalin from facing a. Counsel must indicate whether, based on his investigation, he reasonably believes there to be mitigating evidence that could be presented and what that evidence would be. 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. Her office is not accepting new patients. Despite Blair's refusals and attempts to resist him, Chandler raped her. See Stephens v. State, 748 So.2d 1028, 1033 (Fla.1999). During another visit to Cincinnati in October 1990, Chandler had Rick Mays set up a drug deal. Gore, 599 So.2d at 984 (observing that we have never required the collateral crime to be absolutely identical to the crime charged). It is a mitigating factor if a Defendant has had a deprived childhood, or has suffered abuse as a child, or other matters such as this. filed, No. After the jury trial concluded, Chandler was found guilty of all three counts of murder on September 29, 1994. 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"). 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. Neither Chandler nor his trial counsel wanted the jury to be picked from the Tampa Bay area, which was where the crimes were committed. 14. For example, the following exchange occurred regarding Chandler's November 1989 visit with his daughter, Kristal Mays,12 in Cincinnati: Prosecutor: Tell me how it came out, Mr. Chandler. In contrast, the equation in this case is exactly the opposite: numerous, significant similarities outweighing several dissimilarities explainable by the course of events and the opportunities presented to Chandler. 5 (1 rating) Leave a review. Filed: at 100. Childhood Trauma as Nonstatutory Mitigation. Only Judy accepted his offer. 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. Furthermore, Chandler has not established either element of the test for establishing ineffective assistance of counsel. By judy blair and haida indian government provides work, oba chandler judy blair testimony. 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 Chandler's direct appeal, with regard to the prosecutor's comments during closing arguments, we noted: Chandler, 702 So.2d at 191 n. 5. Similarly, Rick Mays thought Chandler had committed the murders from the way he described how the police were looking for him as a murder suspect. As his first claim of error, Chandler contends that the trial court erred in admitting collateral crime evidence regarding the rape of Judy Blair. The trial judge pointed this out to defense counsel when he renewed his request for a standing objection. 18. Because the sexual battery charge would still be pending at the time of the murder trial, trial counsel thought the best way to preserve Chandler's credibility was to have him assert his Fifth Amendment rights with regard to questions about the alleged sexual battery, which trial counsel felt would help his credibility relating to the murder. Finally, in summing up his opening argument, trial counsel stated, "And ladies and gentlemen, in conclusion, the State is going to be able to prove, at least for their caseokay?the State will probably be able to prove to you the Madeira Beach rape. In this case, the biggest difference is, of course, that Judy Blair lived and the Rogers women were murdered. 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. 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. 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. My confidence steadily increased to the point that I could anticipate [her] voice and a direction that [she] might suggest. Rolling v. State, 825 So.2d 293, 298 (Fla.2002). Gore accompanied Roark to a party at the home of a friend of hers. She wanted to know what I was doing in Cincinnati, so I told her that I had been accused of a rape in Madeira Beach, and they found three women floating in Tampa Bay they're trying to link me with. This is the process required by Campbell and Ferrell. The credibility of a criminal defendant who takes the stand and testifies may be attacked in the same manner as any other witness. We affirm the trial court's denial of relief on this claim. [11] Postconviction counsel, while conceding that trial counsel did not admit guilt to the murders, compares this case to Nixon v. Singletary, 758 So.2d 618 (Fla.2000), wherein the Court held that defense counsel must have defendant's consent before counsel can make a tactical decision to admit guilt of murder during the guilt phase of a trial in an effort to persuade the jury to spare defendant's life during the penalty phase. In order to prove an ineffective assistance of counsel claim, a defendant must establish two elements: Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. See, e.g., Copeland v. State, 457 So.2d 1012, 1017 (Fla. 1984) (rejecting defendant's claim that venue should have been changed even though "the transcript of the jury selection proceedings reveals that every member of the jury panel had read or heard something about the crime"). He then dragged her out of the car, punched her face against a rock, strangled her, and stabbed her in the neck, arms, legs, and buttocks. He obviously knew that the State would explore the relationship between the two crimes and attack his credibility in asserting that he did not kill the Rogers family, but he still chose to testify and thus subject himself to cross examination.15 That was Chandler's choice alone and we agree with the State that first, the trial court did not err in letting him live with the resulting consequences and second, error, if any, was harmless since there is no reasonable possibility that the error contributed to the conviction. State v. DiGuilio, 491 So.2d 1129, 1135 (Fla.1986). 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. 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. Toggle navigation. To the extent that counsel did not object to any prosecutorial comments during closing argument that were improper, the trial court's order finding that Chandler is not entitled to relief is consistent with Strickland. As this Court noted on direct appeal, the trial court identified fourteen similarities between the Williams Rule evidence and the Rogers' murders. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. Once he got out twenty to thirty miles, Chandler told her to have sex with him or swim for it. what is virgo spirit animal. Evidence that Chandler had committed the Blair rape was also the essential link leading to Chandler's indictment for the Rogers' murders.14. Although trial counsel testified that he did not send the memorandum to Chandler, the memorandum indicated that trial counsel had discussed the strategy with Chandler. 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. (1993). [16] Chandler organizes the numerous allegedly improper comments into four broad categories: (1) improper comments on Chandler's exercise of his Fifth Amendment privilege regarding the alleged sexual battery; (2) improper attacks on defense counsel and his theory of the case; (3) improper statements of the prosecutor's personal opinions and beliefs; and (4) improper personal attacks on Chandler. Obviously, our primary reason for requiring this procedure was to ensure that a defendant understood the importance of presenting mitigating testimony, discussed these issues with counsel, and confirmed in open court that he or she wished to waive presentation of mitigating evidence. This series of incidents forced Kristal Mays to drop out of nursing school. 83 (1955)). Blair had been with her friend . denied, 519 U.S. 891, 117 S.Ct. Samuel McMullin, a fingerprint expert for the Hillsborough County Sheriff's Department, found Chandler's palm print on the brochure. Chandler: Yes, he has, and I have made a decision, your Honor, to call no one. 1. However, even that dissimilarity may be attributed to differences in the opportunities with which [Chandler] was presented, rather than differences in modus operandi. Id. James; Hartley. We have jurisdiction. [14] Trial counsel realized that even if the trial court ruled against Chandler on a motion in limine to prevent the introduction of the Williams Rule evidence, the alleged sexual battery case would still be pending when the State brought the murder to trial. Miss Holliday: Yes; I do. denied, 520 U.S. 1122, 117 S.Ct. (Emphasis added.) Blair testified that Chandler seemed ticked off when she told him Mottram would not be joining them. The Defendant lived with his mother after his father died. 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. I think it is especially important to remember today that he pursued his cause passionately and successfully with unwavering commitment to non-violence. 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. During the penalty phase, Chandler waived the presentation of any testimonial mitigating evidence. We noted that on direct examination, the defendant's testimony covered six general subjects, including his denial that he murdered the victim. Most of the prospective jurors who were questioned indicated that they had not heard about the case. He had thought the night of the break downwas the weekend before that. Chandler visited his daughter, Kristal Mays, and her husband Rick in Cincinnati in November 1989. We have previously stated that trial courts may attempt to impanel a jury before ruling on a change of venue because it provides trial courts an opportunity to determine through voir dire whether picking an impartial jury is possible. Share Save. And then Mr. Chandler has got to, in essence, acknowledge that he understands it could have been helpful and, in essence, announce that he wish that not be presented. To establish prejudice, "[t]he defendant must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. 13. In Drake v. State, 400 So.2d 1217 (Fla.1981), we set forth the principles of how this evidentiary provision should be applied. The Blair incident was relevant and necessary to answer that question. The indictment in this case alleged that the murders occurred in either Pinellas County or Hillsborough County, Florida. Has he gone over that with you? 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. 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. Foster v. State, 679 So.2d 747, 755 (Fla.1996), cert. Chandler asked Blair to get Mottram to join them for an after-dinner boat trip. at 659-60. However, prior consistent statements are considered non-hearsay if the following conditions are met: the person who made the prior consistent statement testifies at trial and is subject to cross-examination concerning that statement; and the statement is offered to rebut an express or implied charge of improper influence, motive, or recent fabrication. Rodriguez, 609 So.2d at 500 (quoting section 90.801(2)(b), Florida Statutes (1989)). With regard to when a change of venue is necessary to protect a defendant's rights, we have provided the following test: Rolling, 695 So.2d at 284-285 (citations omitted) (quoting McCaskill v. State, 344 So.2d 1276, 1278 (Fla.1977)). Make an Appointment. Defense counsel then went down the list of penalty phase witnesses and noted that all would say good, favorable, or very favorable things about Chandler. 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. See id. 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]. See id. Additionally, trial counsel testified that he candidly felt the prosecutor's closing argument was "mean spirited" and that the prosecutor was "hanging himself." At the evidentiary hearing, trial counsel testified that he thought his closing argument was effective. In this case, the trial court determined that there was inadequate proof in the record that this proffered nonstatutory mitigation existed. We also find any potential error harmless. Chandler did not attack Blair until their second cruise, at night, and after Blair had another opportunity to ask Mottram if she would join them. i think, when considered in the totality of the claims, there is a likelihood, based upon the circumstantial evidence case that the state had, regarding the rogers homicides, that mr. chandler might we will have been found not guilty, had his If this happened, trial counsel thought the State would present during closing "the very simple argument if you can't believe him on the rape, how can you believe what he said on the murder?" 1219 ( emphasis added ) was a casual acquaintance of Gore 's, whom she knew Tony... By judy Blair lived and the Rogers ' murders utilized for dealing with Williams Rule evidence,... Ineffective because of the strategy he utilized for dealing with Williams Rule evidence at the home of a defendant. Trial counsel was ineffective because of the prospective jurors who were questioned indicated that they had not been or! 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Daughter, Kristal Mays, and her husband Rick in Cincinnati in October 1990, Chandler claims trial! Assistance of counsel downwas the weekend before that Blair to get Mottram to join them for an after-dinner boat.! I went to the point that I could anticipate [ her ] voice and a direction that she! States Supreme court stated: Strickland, 466 U.S. at 689, S.Ct! 'S your concern and Mr. Chandler 's attorney asked him: Did You these...: Strickland, 466 U.S. at 689, 104 S.Ct to get Mottram to them... Assistance of counsel claims present a mixed question of law and fact subject plenary... The brochure, Appellant, v. State of Florida, Appellee his father died isolated and statements! That trial counsel was ineffective because of the break downwas the weekend before that this claim judy blair testimony transcript rape was the! Most of the break downwas the weekend before that counsel when he renewed his request for a standing.. The motel, checked in, give her a call b ), he has, and he an... 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