Walker

Joe Amall Walker previously raped and assaulted two women, one of whom was a prostitute (Irma P.) and one of whom was not (Dorothy B.), and assaulted a second prostitute after she had agreed to have sex with him (Stephanie L.). During Walker’s trial for the asphyxiation murder of Kathryn M. Waters, also a prostitute, the People were allowed to introduce evidence of Walker’s three prior sexual assaults on these women to establish identity, motive and intent pursuant to Evidence Code section 1101, subdivision (b), as well as to prove Walker’s predisposition to commit the current offense pursuant to section 1108, subdivision (a). The jury convicted Walker of second degree murder.

Evidence of Walker’s attacks on Irma P. and Stephanie L. was properly admitted at Walker’s murder trial on the issues of motive and intent and, with respect to Irma R, as to identity as well. However, because Walker was not accused of a sexual offense within the meaning of section 1108, it was error to permit the People to introduce evidence of Walker’s prior criminal conduct to prove his propensity to kill Waters. It was also error to admit evidence of Walker’s assault and rape of Dorothy B.…