P.

People v. Pearson

Bad Law
154 Cal. Rptr. 3d 541·2013 Cal. LEXIS 2131·56 Cal. 4th 393·2013 WL 1149952·297 P.3d 793
Supreme Court of CaliforniaMarch 21, 2013S058157California33,868 words

Opinion

Opinion

Chin, J.

A jury convicted defendant Michael Nevail Pearson of the first degree murders of Ruth Lorraine Talley and Barbara Garcia with personal use of a firearm and found true the multiple-murder special-circumstance allegation. (Pen. Code, §§ 187, 190.2, subd. (a)(3), former § 12022.5, subd. (a).) After a penalty trial, the jury returned a verdict of death. The court denied the automatic motion to modify the verdict (§ 190.4, subd. (e)) and imposed that sentence. This appeal is automatic. (§ 1239, subd. (b).)

We affirm the judgment.

I. FACTS

A. Guilt Phase

1. Prosecution evidence

a. Introduction

On the afternoon of Tuesday, April 25, 1995, defendant, a receptionist with the Conventional Housing division of the Richmond Housing Authority (RHA) was fired from his job because he had repeatedly threatened to “do a 101 California,” referring to the infamous 1993 massacre of numerous employees in a law office located at 101 California Street in San Francisco committed by Gian Luigi Fern, a disgruntled client of the law firm. Minutes later, defendant hunted down and fatally shot two of his former coworkers, Lorraine Talley and Barbara Garcia. These facts were undisputed at trial.…

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