People v. Davis CA4/3

FACTS

At the evidentiary hearing, the court considered the reporter’s transcript of Davis’s 1997 preliminary hearing, at which Ward and Marco testified, and heard Davis’s testimony. I.

PROSECUTION’S EVIDENCE

A. Introduction In June 1996, Ward and his girlfriend Marco lived in a condominium in the City of Orange. Ward had an exotic dancing business, and Marco was a dancer. Martinez, Davis’s codefendant, had known Ward for a few years. Martinez and Ward went to clubs and parties together. Martinez had worked as an independent contractor for Ward’s business and was paid to chauffeur and protect the dancers, including Marco, at private shows. Ward and Martinez once argued after Martinez stole money from a customer of Ward’s business, but they later reconciled and Ward permitted Martinez to work for him again. In early 1996, Ward was present when Martinez purchased a chrome .380 caliber handgun. Marco saw Martinez at Ward’s office on occasion, but she did not socialize with Martinez. Neither Ward nor Marco had met Davis prior to June 16, 1996. B. The Attempted Murders of Ward and Marco On the night of June 16, 1996, Marco went to bed about 8:00 p.m. and fell asleep soon thereafter.…