O'Day

BACKGROUND

On the evening of December 14, 2007, about 40 people — many of whom were drinking alcohol and smoking marijuana — attended a house party in Santa Rosa.1 Much of the party took place in the living room, which was dark and illuminated principally by a strobe light. Desiree F., then about 20 years old, arrived at the party at approximately 11:30 p.m. and had a shot of vodka. Desiree saw O’Day arrive at the party with two other young men, Alex Hopper and Donald Bittner. Other partygoers also saw the three young men arrive together. Desiree knew O’Day — they had gone to high school together — and they spoke briefly in the kitchen. About 15 minutes later, in the early morning of December 15, a fight broke out in the living room. Three people were stabbed, and Ben Floriani was killed. Several partygoers saw O’Day flee after the stabbing. Police arrived and interviewed partygoers who gave varying accounts about what had happened. Several witnesses identified Hopper and Bittner as being involved in the attack on Floriani. Desiree did not talk to police at the scene. But several hours later, she went to the police station and voluntarily submitted to an interview. Desiree told…