People v. Bryant, Smith and Wheeler

I join today’s opinion except for its conclusion that the trial court acted within its discretion in ordering defendants to wear either shackles or a stun belt. Our case law makes clear that before a trial court may order such restraints, “[t]he record must demonstrate that the trial court independently determined on the basis of an on-the-record showing of defendant’s nonconforming conduct that ‘there existed a manifest need to place defendant in restraints.’ [Citation.]” (People v. Mar (2002) 28 Cal.4th 1201, 1218 [ 124 Cal.Rptr.2d 161 , 52 P.3d 95 ] (Mar); see People v. Duran (1976) 16 Cal.3d 282, 290-291 [ 127 Cal.Rptr. 618 , 545 P.2d 1322 ].) The “manifest need” standard “is relatively narrow. [Citation.] ‘Manifest need’ arises only upon a showing of unruliness, an announced intention to escape, or ‘[e]vidence of any nonconforming conduct or planned nonconforming conduct which disrupts or would disrupt the judicial process if unrestrained . . . .’ [Citation.] Moreover, ‘[t]he showing of nonconforming behavior . . . must appear as a matter of record ....’” (People v. Cox (1991) 53 Cal.3d 618, 651 [ 280 Cal.Rptr. 692 , 809 P.2d 351 ] (Cox); see Mar , at p. 1220 [the record must…

On August 28, 1988, Andre Armstrong, James Brown, Loretha Anderson, and Chemise English were shot and killed. Armstrong and Brown had run afoul of the Bryant Family gang and were shot at the entrance to a drug house. Ms. Anderson and her daughter Chemise, age 28 months, were shot in a car parked at the curb. Anderson’s son Carlos, age 18 months, was also in the car. He was not shot and survived. A jury convicted defendants Stanley Bryant, Donald Franklin Smith, and Leroy Wheeler of various related crimes. Bryant and Wheeler were convicted of four counts of first degree murder (Pen. Code, § 187, subd. (a)) 1 and one count of attempted murder (§§ 187, 664). Smith was convicted of the first degree murder of Armstrong and Brown, second degree murder of Anderson and Chemise, and the attempted murder of Carlos. The jury found the multiple-murder special-circumstance allegation (§ 190.2, subd. (a)(3)) was true as to each defendant. The jury was unable to reach verdicts on allegations against a fourth codefendant, Jon Preston Settle. After a penalty trial, the jury returned verdicts of death. Motions to modify were denied. (§ 190.4, subd. (e).) 2 We affirm the judgments.

I.…

I. FACTUAL BACKGROUND

The presentation of guilt phase evidence lasted two and one-half months. It included the testimony of 121 witnesses and more than 270 exhibits including hundreds of pages of documents and a number of video and audio tapes. In the penalty phase, 41 witnesses testified over the course of seven days. We present here for background purposes a synopsis of the significant evidence, generally viewed in the light most favorable to the verdicts. Additional factual and procedural details necessary to resolve defendants‘ appellate claims are provided in the pertinent discussion.

A. Guilt Phase

1. Overview The original charges included a number of noncapital offenses with additional defendants involved in the Bryant Family drug operation. The court severed and tried the capital allegations first. The prosecution‘s basic theory was that Bryant directed the shootings of Armstrong and Brown because Armstrong was a threat to Bryant‘s business. The prosecution maintained that Smith, Wheeler, and codefendant Settle were underlings who participated in the murders at Bryant‘s direction. After Armstrong and Brown were killed, the prosecution asserted, Wheeler shot Ms. Anderson…