People v. Izumi CA4/1

I. INTRODUCTION

That Yoshi Kazauto Izumi killed Michael Roberts is beyond question in this case: A third party witness saw the fatal altercation, Izumi admitted the killing to police officers, and testified to it during his jury trial. However, Izumi vehemently contested what kind of killing he committed. That determination depended on how the jury perceived Izumi’s mental state when he killed Roberts. The People argued that Izumi acted willfully and with premeditation and deliberation. Izumi disputed this story, instead claiming that while laboring under intense emotions caused by his belief that Roberts molested Izumi’s young daughter, Izumi acted from provocation and in the heat of passion. The jury resolved this conflict by rejecting the prosecution’s theory of first degree murder and instead finding Izumi guilty of second degree murder. The verdict occurred after the trial court instructed the jury it could consider two previous violent acts as evidence of Izumi’s propensity to commit

violence.1 The trial court did not explain how it reached the determination to expand the use of those two prior events beyond proving motive, intent, or plan. Given the jury’s verdicts…