In re Duncan CA2/8

FACTS AND PROCEDURAL HISTORY

1. Historical Context Facts1

In the early morning hours of November 14, 1984, workers at a restaurant located inside Los Angeles International Airport found the body of the restaurant’s night supervisor, Josephine E. DeBaun. DeBaun suffered two fatal stab wounds – one to the abdomen and one to her neck. The neck wound slashed DeBaun’s carotid artery and nearly severed her head from her neck. She also had nonfatal defensive wounds to her hands, indicating she had resisted her attacker. DeBaun’s body was found in the restaurant’s “money room,” a two-foot by eight– foot enclosed cage in the restaurant’s back office. About $2,100 was missing from the room. The wound to DeBaun’s carotid artery caused blood to spurt around the room, landing on the countertop, filing cabinet, walls and floors. Bloody palm and shoe prints were found in the money room. A blood-stained cloth was found beneath an open first- aid kit, from which some bandages were missing. As a result, the police believed that DeBaun’s attacker had been injured as DeBaun defended herself. It was generally accepted that only one person carried out the attack because the money room was too…