Kopatz

People v. Kopatz

Bad Law
186 Cal. Rptr. 3d 797·2015 Cal. LEXIS 2338·61 Cal. 4th 62·347 P.3d 952
Supreme Court of CaliforniaApril 30, 2015S097414California13,674 words

Opinion

Opinion

Chin, J.

A jury convicted defendant Kim Raymond Kopatz of the first degree murders of Mary Kopatz and Carley Kopatz. (Pen. Code, § 187.) It found true the special circumstance allegations of murder for financial gain (§ 190.2, subd. (a)(1)) and multiple murder (§ 190.2, subd. (a)(3)). After a penalty trial, the jury returned a verdict of death, and the trial court imposed that sentence. This appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment.

I. FACTS

A. Guilt Phase

1. The Prosecution’s Case

a. Introduction

On the afternoon of April 22, 1999, the strangled bodies of defendant’s wife, Mary Kopatz, and his young daughter Carley Kopatz were discovered in the family’s van, which was parked about one mile from the Kopatzes’ home. The prosecution presented circumstantial evidence of defendant’s guilt. The evidence reflected a financial motive. Defendant had recently lost a large amount of money, was in debt, and was the beneficiary of life insurance policies on Mary and Carley; he also had made a claim on an insurance policy for Mary’s wedding and anniversary rings four days after the murders. The evidence further showed that although several people attempted to…

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