Hall

Facts and Proceedings Below

Someone killed Adolph Clarke. The 88-year-old man was found lying on his stomach in his bedroom. His head was wrapped in a sheet. His hands were tied behind his back. A cloth was tied to one ankle. His larynx was broken. His back was broken. He did not commit suicide.

The defendant admitted to police that he and two other men, Dixon and Taylor, had forced their way into Clarke’s apartment to rob him. Dixon knocked Clarke down and began to tie his hands and beat him. At the same time defendant tied the old man’s feet. Defendant and the others then took money and other property belonging to Clarke and left.

Following a preliminary hearing, a three-count information was filed against defendant charging him with murder, robbery and burglary. The murder count alleged as a special circumstance that the killing occurred while defendant was engaged in the commission of a robbery and burglary. (Pen. Code, § 190.2, subd. (a)(17).)

Subsequently defendant was determined to be incompetent to stand trial and committed to Camarillo State Hospital until such time as he should regain mental competency. While at Camarillo defendant “walked away” from the…