Roehler

Defendant Frederick George Roehler II appeals from the judgment convicting him of the first degree murders of his wife, Verna Roehler and his stepson, Douglas Johnson. Defendant was sentenced to life in state prison without possibility of parole. We affirm the judgment.

Procedural History

By information, defendant was charged in count I with the murder of Verna, in violation of Penal Code section 187. In count n, defendant was charged with the murder of Douglas, in violation of Penal Code section 187. Three special circumstances were alleged: that defendant had committed more than one offense of murder; that the murder of Verna had been *360 intentional and carried out for financial gain; and that the murder of Douglas was also intentional and carried out for financial gain.

Defendant entered a plea of not guilty to both counts and denied the allegations of special circumstances. His motions to suppress evidence were denied, as were his applications for release on bail. Various discovery motions by defendant were granted. Defendant’s Penal Code section 995 motion was denied.

Prior to trial, the trial court ruled that the prosecution could not present evidence…

I respectfully dissent.

The prosecution’s case was predicated solely upon circumstantial evidence because the defendant was the only survivor and thus the only witness to what occurred on January 2, 1981. Because of the presumption of innocence afforded a defendant in a criminal case, it is required that, where the People’s case rests exclusively or even substantially upon circumstantial evidence, that evidence must be irreconcilable with any rational conclusion other than defendant’s guilt. Further, when relying on circumstantial evidence, the People must prove beyond a reasonable doubt each fact essential to complete the chain of circumstances that establishes defendant’s guilt. (People v. Watson (1956) 46 Cal.2d 818, 830 [ 299 P.2d 243 ]; see Witkin, Cal. Evidence (2d ed. 1966) Introduction of Evidence at Trial, § 1136, pp. 1054-1055.)

It follows that defendant’s guilt may not lawfully be established by the mere expedient of raising doubts concerning defendant’s version of what occurred just prior to the drownings. A distinction crucial to the correct *398 resolution of this case should be noted here. The prosecution undertook the burden of persuading the jury beyond a…

HANSON (Thaxton), J.

Defendant Frederick George Roehler II appeals from the judgment convicting him of the first degree murders of his wife, Verna Roehler and his stepson, Douglas Johnson. Defendant was sentenced to life in state prison without possibility of parole. We affirm the judgment.

By information, defendant was charged in count I with the murder of Verna, in violation of Penal Code section 187. In count II, defendant was charged with the murder of Douglas, in violation of Penal Code section 187. Three special circumstances were alleged: that defendant had committed more than one offense of murder; that the murder of Verna had been intentional and carried out for financial gain; and that the murder of Douglas was also intentional and carried out for financial gain.

Defendant entered a plea of not guilty to both counts and denied the allegations of special circumstances. His motions to suppress evidence were denied, as were his applications for release on bail. Various discovery motions by defendant were granted. Defendant's Penal Code section 995 motion was denied.

Prior to trial, the trial court ruled that the prosecution could not present evidence concerning…