Fenenbock

Nine people—six men and three women—were charged with the murder of Gary “Hop” Summar and conspiracy to murder. After certain defendants’ cases were severed, trial proceeded against the three defendants now before us: Robert Morris Fenenbock, Sue Hamby and Cherri Frazier. The jury found defendant Fenenbock guilty of first degree murder but not guilty of conspiracy. The jury found defendants Hamby and Frazier not guilty of murder but guilty of conspiracy to commit murder.

Defendant Fenenbock was sentenced to state prison for 25 years to life for murder plus 1 year for use of a deadly weapon. Defendants Hamby and Frazier were sentenced to 25 years to life for conspiracy. All three defendants appeal.

Facts

The events occurred in Hawkins Bar, a small hamlet located on Highway 299 in Trinity County. Hawkins Bar consists of a general store, a set of BP gasoline pumps adjoining the store, and a bar (Simon Degree’s) located across the highway from the store. Next to the store was a trailer park. It was here that Barbara Adcock lived with Bernard “Bird” MacCarlie and her three children from a prior marriage.

Below the highway, along the river, was a United States Forest…