People v. Mallet CA2/1

BACKGROUND

I. Mallet’s Trial

A. Pertinent evidence presented at trial Substantial evidence presented at trial showed the following:4 On December 27, 1980, between 11:00 p.m. and midnight, Cora Taylor was in the bachelor apartment she shared with her children, Mary Taylor and Michael Taylor (the murder victim). William Birdsong, a friend, was also present.5 Cora heard a knock on the door, and three men entered the apartment without waiting for someone inside to open the door. One of the men asked for Michael, using his nickname Pierre. Cora asked the men to wait outside, but one of them said Pierre had told them to come inside and sit down. A fourth man remained outside on the porch. Mary, Michael, and Birdsong were in the adjoining kitchen. Cora called to Michael, and he opened the kitchen door, looking surprised. Mary and Birdsong joined Michael in the doorway between the kitchen and the living room/bedroom. According to Mary’s trial testimony, Michael indicated he knew one of the men (identified at trial as then-19-year-old appellant Mallet), and possibly one of the other suspects, from the park. Mallet or the

4 On Mallet’s motion, we augmented the record in…