People v. Banister CA4/3

FACTS

A. Keeley’s Death Edward Keeley’s daughter introduced her 75-year-old father to Linda Herzel. On August 9, 2009, Herzel and Keeley went to a matinee movie. After the movie, Keeley drove Herzel to his house in Desert Hot Springs in his new, blue Hyundai. He said he wanted to show her the “little Western Town” he was building on a couple of acres. After he showed her around the project, they went out to dinner. It was still light out when they left the Mexican restaurant. Keeley drove Herzel home and it was dark by the time they went their separate ways. He called later that night to say good night. Arthur McNamera was a friend of Keeley’s. Since March 2009, McNamera lived in his motor home “just off” Keeley’s property. McNamera said Keeley’s property was unusual. It was approximately two acres and had a “cowboy motif.” According to McNamera, Keeley collected “everything.” In August 2009, Keeley had a new light blue Hyundai. Keeley was very happy about it and bought it on August 8, 2009. The next day, McNamera saw Keeley with a woman in the driveway on Keeley’s property. That night, at about 9:30 or 10:00 p.m., Keeley telephoned McNamera and informed McNamera he (Keeley) had…