Scott

Defendant was charged with murder in violation of Penal Code section 187. He pled not guilty and not guilty by reason of insanity. A jury found defendant guilty of murder in the second degree and found him sane. He was sentenced to state prison.

*305 On the night of October 16-17, 1979, defendant, a dentist, picked up a hitchhiker and took her to his office for the purpose of having sex. There he bludgeoned her to death with approximately 16 blows to the head with a metal pipe which was a tool in his laboratory. Defendant disposed of the body in an industrial trash dumpster about a mile and a half from his office. He disposed of the pipe and the victim’s personal belongings in a different dumpster about three miles away. He attempted to clean up bloodstains at the office, then opened the office for employees at 9 a.m., explaining that other bloodstains were from a cut finger. When one of the employees found a two-inch piece of scalp on a table, defendant took it from her and walked out, saying she was crazy to call it a piece of scalp.

Defendant testified to a diminished capacity defense. He had been drinking both before he picked up the victim and with the victim at…

While I concur with the bulk of the majority opinion, for a fuller understanding of the issues the facts and analysis of the various issues is deemed proper to restate. I do not agree with the law as stated by the majority as it relates to proof of juror misconduct and a different result should prevail.

Defendant was charged with murder in violation of Penal Code section 187. He pled not guilty and not guilty by reason of insanity. A jury found defendant guilty of murder in the second degree and found him sane. Several doctors testified as to defendant’s alleged diminished capacity and as to his sanity.

There is no contention that defendant did not bludgeon the victim to death with an iron pipe, and attempt to dispose of the body in a location miles from the scene of the crime. He also attempted to clean up the telltale bloodstains. With such uncontroverted basic facts it would usually be unnecessary to dwell upon the evidentiary facts, but since the circumstances surrounding the crime affect the diminished capacity defense and the insanity phase of the case, some detail is required.

The victim was first observed by defendant to be hitchhiking and he picked her up in his car.…

Defendant was charged with murder in violation of Penal Code section 187. He pled not guilty and not guilty by reason of insanity. A jury found defendant guilty of murder in the second degree and found him sane. He was sentenced to state prison.

On the night of October 16-17, 1979, defendant, a dentist, picked up a hitchhiker and took her to his office for the purpose of having sex. There he bludgeoned her to death with approximately 16 blows to the head with a metal pipe which was a tool in his laboratory. Defendant disposed of the body in an industrial trash dumpster about a mile and a half from his office. He disposed of the pipe and the victim's personal belongings in a different dumpster about three miles away. He attempted to clean up bloodstains at the office, then opened the office for employees at 9 a.m., explaining that other bloodstains were from a cut finger. When one of the employees found a two-inch piece of scalp on a table, defendant took it from her and walked out, saying she was crazy to call it a piece of scalp.

Defendant testified to a diminished capacity defense. He had been drinking both before he picked up the victim and with the victim…