In Re Andrews

I. Introduction

Petitioner Jesse James Andrews was convicted of capital murder. (See People v. Andrews (1989) 49 Cal.3d 200 [ 260 Cal.Rptr. 583 , 776 P.2d 285 ] (Andrews I).) As recounted in Andrews I, the evidence at trial established the following: “On the evening of December 9, 1979, police were summoned to the Los Angeles apartment of Preston Wheeler. There they found the bodies of Wheeler, Patrice Brandon and Ronald Chism. Wheeler had been stabbed in the chest six times and shot in the neck at close range with either a .32- or .357-caliber weapon. His face and head were bruised, and his face had been slashed with a knife. Brandon and Chism had been strangled with wire coat hangers. Their faces were bruised, Chism’s extensively. Brandon’s anus was extremely dilated, bruised, reddened and tom, consistent with the insertion of a penis shortly before her death. There was also redness around the opening of her vagina, and vaginal samples revealed the presence of semen and spermatozoa. All three victims were bound hand and foot.” (Id. at p. 206.)

At trial, the prosecution’s chief witness was Charles Sanders, who testified pursuant to a plea bargain in which he pled…

I disagree with the majority that petitioner’s attorneys competently represented him at the penalty phase of petitioner’s capital trial.

Petitioner’s attorneys did not call a single witness at the penalty phase. Why? The answer: They had done virtually no penalty phase investigation, so they had no witnesses to present. The two defense investigators had worked only on the guilt phase of trial; and counsel had consulted no psychiatrists, psychologists, neurologists, or other experts who might have been able to offer some insight as to why petitioner committed the three *1267 murders in this case. The one potential witness interviewed by defense counsel was petitioner’s mother, but counsel knew beforehand that petitioner did not want her to testify.

An investigation into petitioner’s background would have revealed substantial mitigating evidence. For instance, in 1964, after a joyriding conviction at the age of 14, petitioner was sent to the Alabama Industrial School for Negro Children, which a federal judge testifying at the reference hearing described as a “penal colony for children.” An investigation would also have revealed that beginning in 1966 when petitioner was 16, he…

Petitioner Jesse James Andrews was convicted of capital murder. (See People v. Andrews (1989) 49 Cal.3d 200 , 260 Cal. Rptr. 583 , 776 P.2d 285 ( Andrews I ).) As recounted in Andrews I, the evidence at trial established the following: "On the evening of December 9, 1979, police were summoned to the Los Angeles apartment of Preston Wheeler. There they found the bodies of Wheeler, Patrice Brandon and Ronald Chism. Wheeler had been stabbed in the chest six times and shot in the neck at close range with either a .32- or .357-caliber weapon. His face and head were bruised, and his face had been slashed with a knife. Brandon and Chism had been strangled with wire coat hangers. Their faces were bruised, Chism's extensively. Brandon's anus was extremely dilated, bruised, reddened and torn, consistent with the insertion of a penis shortly before her death. There was also redness around the opening of her vagina, and vaginal samples revealed the presence of semen and spermatozoa. All three victims were bound hand and foot." ( Id. at p. 206, 260 Cal.Rptr. 583 , 776 P.2d 285 .)

At trial, the prosecution's chief witness was Charles Sanders, who testified pursuant to a plea bargain…