Vieira

Concurring and Dissenting.—I join the majority in upholding defendant’s conviction for murder (Pen. Code, § 187) with the special circumstance of multiple murder (Pen. Code, § 190.2, subd. (a)(3)). I write separately, however, to point out a problem with the analysis of one guilt phase issue: the trial court’s exclusion of the testimony of cult expert Randy Cemy.

Because I disagree with the majority’s conclusion that the prosecutor’s biblical argument calling for death did not prejudice defendant, I would reverse the judgment of death.

I

At the time of the murder, defendant was 21 years old and a submissive member of an occult, satanic cult headed by codefendant Gerald Cruz. Defendant was subjected to a process of mind control that included regular sleep deprivation, severe physical punishment, sexual humiliation, and minimization of contact with his family. Defendant acted as the cult’s “slave,” doing household chores, cooking, bathing Cruz’s children, acting as a handyman, and staying up at night to guard the cultists’ camp. He sought Cruz’s permission for even the most trivial of matters. Defendant’s diary showed *307 that he had internalized many of Cruz’s values: Defendant…

A jury convicted defendant Richard John Vieira of four counts of murder (Pen. Code, § 187). 1 An enhancement for personal use of a deadly weapon was found true for each count. (§ 12022, subd. (b).) Defendant was also convicted of one count of conspiracy to commit murder. (§ 182.) The special circumstance of multiple murder was found true as to each count. (§ 190.2, subd. (a)(3).) At the penalty phase, the jury fixed the penalty for count one, the murder of Richard Ritchey, at life imprisonment without parole. For the three other murders and the conspiracy to commit murder, the jury returned a verdict of death. The trial court denied defendant’s motion to modify the death verdict (§ 190.4, subd. (e)) and sentenced defendant to life imprisonment without parole on the first count and to death on the other four counts, with a one-year enhancement for each count, with the terms all to run consecutively.

Defendant’s appeal is automatic. (§ 1239, subd. (b).) We reverse the death sentence as to the conspiracy to commit murder count and remand so that defendant may be resentenced to a term of 25 years to fife imprisonment. We uphold defendant’s death sentence as to the other…

Certiorari Denied October 31, 2005. See 126 S.Ct. 562 .

A jury convicted defendant Richard John Vieira of four counts of murder (Pen.Code, § 187). [1] An enhancement for personal use of a deadly weapon was found true for each count. (§ 12022, subd. (b).) Defendant was also convicted of one count of conspiracy to commit murder. (§ 182.) The special circumstance of multiple murder was found true as to each count. (§ 190.2, subd. (a)(3).) At the penalty phase, the jury fixed the penalty for count one, the murder of Richard Ritchey, at life imprisonment without parole. For the three other murders and the conspiracy to commit murder, the jury returned a verdict of death. The trial court denied defendant's motion to modify the death verdict (§ 190.4, subd. (e)) and sentenced defendant to life imprisonment without parole on the first count and to death on the other four counts, with a one-year enhancement for each count, with the terms all to run consecutively.

Defendant's appeal is automatic. (§ 1239, subd. (b).) We reverse the death sentence as to the conspiracy to commit murder count and remand so that defendant may be resentenced to a term of 25 years to life…