Winkler

Defendant was convicted by a jury of first degree murder and attempted robbery. The jury also found the murder occurred while defendant was engaged in the attempted robbery. We affirm.

Facts

Daisy Kessemeier’s nude body was found in a Santa Monica hotel room. She had been strangled. A towel lay on the floor near her body. A purse lay at her feet. Various articles including jewelry were strewn about on the floor. Yet there were no signs of a violent struggle.

Investigators found Brad Winkler’s name and address in a notebook belonging to the victim. They also discovered his fingerprints in the room. When officers arrested Winkler they found the victim’s name and address in his possession.

Winkler initially told police he did not know the victim. When confronted with the fingerprint evidence he stated someone must have been impersonating him. Eventually, Winkler admitted he did know the victim. He told police he had a date with her the day of her death. He went to her hotel room to keep the date but when he got there she told him she could not go out with him. He left. He never saw her again.

Discussion

I. The Evidence Shows Defendant Understood His Right to a…