Cooper met Chandler the next morning at 7:05 a.m.; when asked why he looked grubby, Chandler replied that he had been out on his boat all night. 7162 Reading Rd Ste 400 Cincinnati, OH 45237. See id. Outdoor Learning . However, at the Huff hearing, the trial court indicated that the parties could inquire of trial counsel as to any strategic decisions he made in not objecting to the prosecutor's closing arguments. Hensley stated that even if there had been a hole in the fuel line, it would not have leaked because of the anti-syphoning valve. At that point, the trial judge commented as follows: Court: Okay. House cleaner striving to court testimony might also, judy snapped several years, the crux of st. Blair had been with her friend . 061712 Judy Vanlo 1 beaten to death in Des Moines by Raymond Benitez 19 boyfriend. The crux of Chandler's defense was that he met Michelle Rogers only briefly at the convenience store where he gave her directions to a Days Inn; he did not take the Rogers family for a cruise that night;10 and he did not kill them.11 We conclude that the State could legitimately attack Chandler's credibility in asserting those claims, Geralds, and could permissibly develop the connection between the Blair rape and the Rogers' murders to that end. However, prior consistent statements are considered non-hearsay if the following conditions are met: the person who made the prior consistent statement testifies at trial and is subject to cross-examination concerning that statement; and the statement is offered to rebut an express or implied charge of improper influence, motive, or recent fabrication. Rodriguez, 609 So.2d at 500 (quoting section 90.801(2)(b), Florida Statutes (1989)). In Spencer v. State, 842 So.2d 52 (Fla. 2003), we recently explained: *1046 Id. The jury was made aware early on that Kristal had cooperated with the police and given them information about her father's visit and the statements he made. I have never-its's ludicrous. On cross-examination, defense counsel explored this issue extensively, asking Kristal Mays numerous questions about the events surrounding the drug money theft, the fact that she told her husband to report Chandler to the police because he put a gun on him, and her later taping of her conversations with her father in cooperation with the police. Chandler: Did I tell her that I was innocent? Chandler: Most certainly did. The assistant medical examiner, Dr. Edward Corcoran, performed autopsies that same day. 2348, 147 L.Ed.2d 435 (2000). Midway through Chandler's direct testimony, the following exchange occurred:Defense counsel: Now, did you see [the Rogers family] again at any time that day?Chandler: I've never seen them again.Defense counsel: Never saw them again in your life?Chandler: No, sir.Defense counsel: Did you kill these people?Chandler: No, I did not.Defense counsel: Did you take them out on your boat?Chandler: No, they've never been on my boat. Rollins Cooper worked as a subcontractor for Chandler at the time of the murders. 2052. Because Chandler could not show the comments were fundamental error on direct appeal, he likewise cannot show that trial counsel's failure to object to the comments resulted in prejudice sufficient to undermine the outcome of the case under the prejudice prong of the Strickland test. [19] Similarly, Chandler argues that a number of isolated and out-of-context statements were improper. Esty v. State, 642 So.2d 1074, 1079 (Fla.1994); Bertolotti v. State, 476 So.2d 130 (Fla.1985). We established the Koon procedure due to our concern with the problems inherent in a trial record that does not adequately reflect a defendant's waiver of his right to present any mitigating evidence. 619 So.2d at 250. That was it. After the jury trial concluded, Chandler was found guilty of all three counts of murder on September 29, 1994. Chandler allegedly said that the only reason that woman was still around is because somebody was waiting for her at the boat dock. Please try again. He testified that two men in a boat gave him a tow to Gandy Bridge Marina, where he put some fuel in his boat. He put the knife to Corolis' stomach, forced her to undress, and raped her. We find no merit in this claim. See Occhicone v. State, 768 So.2d 1037, 1048 (Fla.2000) ("Counsel cannot be deemed ineffective merely because current counsel disagrees with trial counsel's strategic decisions."). Is that correct? The record reflects that the body of Joan Rogers and those of her two daughters, Michelle and Christe, were discovered floating in Tampa Bay on June 4, 1989. He testified at trial that on June 1, Chandler appeared to be in a big hurry after bringing Cooper some screen. On redirect, the State attempted to rehabilitate Mays by introducing her sworn statement made to the state attorney's office on October 6, 1992, before the Hard Copy appearance was negotiated. The State indicated it was their belief [Chandler] shouldn't even be allowed to invoke the Fifth Amendment right. Allen v. State, 662 So.2d 323, 328 (Fla.1995)(requiring contemporaneous objection and accompanying motion for mistrial to preserve allegedly improper prosecutorial comments for appellate review). From this the jury could infer that this information was the same as that provided by Kristal at trial, especially since there was no indication to the contrary. For that reason, Chandler asks us to vacate his death sentences. During another visit to Cincinnati in October 1990, Chandler had Rick Mays set up a drug deal. Gore then entered Roark's car, a black Mustang, and they drove away. Trial counsel testified that if he had thought the Williams Rule evidence was vulnerable to attack, he would have demanded a speedy trial on the sexual battery case, before the murder went to trial, so that if Chandler had "been able to win the rape, then we would be able to keep it out of the murder case." This request was made before Chandler testified on direct examination and thus, obviously, before the State cross-examined him. 14. Precedential, Citations: Contrary to Chandler's assertion, the sentencing order in this case not only complies with the approved procedure, but is, indeed, a textbook example of how thoughtful, deliberative sentencing orders should be written. In James, we rejected the appellant's vagueness and overbreadth challenges since the HAC instruction given at trial was the same instruction approved in Hall v. State, 614 So.2d 473 (Fla.1993), wherein this Court found that neither the instruction nor the aggravator itself was unconstitutionally vague. Thus, while trial counsel's handling of this issue may have differed from collateral counsel, trial counsel's strategic decisions under these circumstances do not amount to ineffective assistance of counsel. During the penalty phase, Chandler waived the presentation of any testimonial mitigating evidence. Pursuant to section 910.03(1), Florida Statutes (1993), Chandler initially elected to be tried in Hillsborough County. The trial court's analysis conforms with the requirements we established in Campbell and Ferrell. The common thread in our Williams rule decisions has been that startling similarities in the facts of each crime and the uniqueness of modus operandi will determine the admissibility of collateral crime evidence. Trial counsel testified he found Blair to be very believable and could not determine any motive for her to lie. Florida, Appellee. Oba CHANDLER, Appellant, v. STATE of Florida, Appellee. Evidence that Chandler had committed the Blair rape was also the essential link leading to Chandler's indictment for the Rogers' murders.14. Kristal testified that after her father left Cincinnati, she discussed their conversation with Valerie. The improper admission of prior consistent statements is also subject to harmless error analysis. Mottram picked Chandler's photograph out of a photo pack and identified him in a lineup and in court. Court: And it is your decision that you have instructed your lawyer not to call these people. Rolling v. State, 825 So.2d 293, 298 (Fla.2002). 1. As to Chandler's claim regarding the prosecutor's questions about the Blair rape, we believe that this issue constitutes a classic case of trying to take the wind out of your opponent's sails by pre-emptively admitting extremely prejudicial evidence and thereby softening the blow. 6. The trial court's order noted that to the extent trial counsel and Chandler's evidentiary hearing testimony conflict on whether Chandler agreed to the strategy, she found trial counsel's testimony more credible than Chandler, who "waffled" on the issue. At trial, she identified the clothing Chandler had been wearing that night. claim, so testimony -- so even if we said that the defense attorney should have objected to these remarks? Beyond the trial court's procedural compliance with the guidelines for evaluating mitigating circumstances, we have recognized that it is within the trial court's discretion to determine whether such mitigation has been established. Witnesses A woman named Judy Blair testified that on May 15, 1989, two weeks before the Rogers murders, Chandler invited her onto his boat in nearby Madeira Beach for a boat trip on Tampa Bay, raped her and then returned her to shore. As the parties note, we established the rule regarding admission of collateral crime evidence in Williams v. State, 110 So.2d 654 (Fla.1959), and enunciated the following standard for admitting such evidence: Our view of the proper rule simply is that relevant evidence will not be excluded merely because it relates to similar facts which point to the commission of a separate crime. See, e.g., Harvey v. Dugger, 656 So.2d 1253, 1256 (Fla.1995) (holding that claims that could have been brought in direct appeal were procedurally barred from being brought in postconviction proceedings); Swafford v. Dugger, 569 So.2d 1264, 1267 (Fla.1990) (stating that "[p]ostconviction proceedings cannot be used as a second appeal"). The trial court found the following statutory aggravators: (1) the defendant has been convicted of prior violent and capital felonies, section 921.141(5)(b), Florida Statutes (1993); (2) the murders were committed during the commission of a kidnapping, section 921.141(5)(d); (3) the murders were committed to avoid arrest, section 921.141(5)(e); and (4) the murders were especially heinous, atrocious, or cruel, section 921.141(5)(h). [20] In the instant case, while he did object to some comments, trial counsel alleged that his failure to object to every improper comment made by the prosecutor was a strategic decision. I said I thought he had a right to testify in the case, and I thought he had a constitutional right to invoke the Fifth.He does want to testify or doesn't?Defense counsel: One second, please. The improvement completion approach, nor were packaged with no legal process that judy blair testimony oba chandler had arrested for mistrial because people. The testimony of Tina Corolis was admitted as evidence of a collateral crime. Christe's hands and ankles were similarly tied, and she had duct tape on her face or head and a rope around her neck.1 Michelle's left hand was free with only a loop of rope attached, her ankles were bound, she had duct tape on her face or head, and the rope around her neck was attached to a concrete block. The few dissimilarities here seem to be a result of differences in the opportunities with which Gore was presented, rather than differences in modus operandi. Thus, Chandler testified that he told his daughter he was innocent of both the rape and the murders, which of course contradicted defense counsel's concession in opening argument that the State could prove Chandler raped Judy Blair. Chandler told Stephenson that one of the girls was very attractive. Copyright 2023, Thomson Reuters. 83 (1955)). Find Dr. Blair's address and more. Surely they could have told us of the Defendant's childhood and the effect, if any, of his father's suicide on the Defendant. However, in cases where there has been no evidentiary hearing, we must accept the factual allegations made by the defendant to the extent that they are not refuted by the record. [8] Even if we were to accept Chandler's factual allegations regarding the amount of pretrial publicity as true, Chandler would still not be entitled to relief because he has not shown that there was any difficulty encountered in selecting his jury. This exchange also shows that Chandler did answer some questions about the Blair rape, while invoking the Fifth Amendment on others. A reasonable probability is a probability sufficient to undermine confidence in the outcome." Said all he had was two ounces of cocaine he could front me. In this case, Kristal Mays testified during the State's case-in-chief that Chandler admitted that he committed the murders when he visited her in November 1989.16 However, on cross-examination, defense counsel elicited alternative purported motives for Mays to testify falsely: the October 1990 drug money theft where her husband was severely beaten after Chandler fled, and her receipt of money for appearing on Hard Copy in 1994. 3. See Chandler v. State, 702 So.2d 186, 189-191 (Fla.1997). Having made this choice, he must suffer its natural consequences. Judy Blair testified that she and Barbara were in Florida on vacation from Ontario, Canada, when they met Chandler at a convenience store. In this case, the trial court's detailed order admitting the collateral crime evidence found the following fourteen similarities between the Blair rape and the Rogers' murders: (1) All the victims were tourists; (2) the victims were young white females between 14 and 36; (3) the victims were similar in height and weight; (4) the victims met Chandler by chance encounter where he rendered assistance to them; (5) the victims agreed to accompany Chandler on a sunset cruise within twenty-four hours of meeting him; (6) Chandler was non-threatening and convincing that he was safe to be with alone; (7) a blue and white boat was used for both crimes; (8) a camera was taken to record the sunset in both crimes; (9) duct tape was used or threatened to be used; (10) there was a sexual motive for both crimes; (11) the crimes occurred in large bodies of water in the Tampa Bay area on a boat at night under the cover of darkness; (12) homicidal violence occurred or was threatened; (13) the crimes occurred within seventeen or eighteen days of each other; and (14) telephone calls were made to Chandler's home from his boat while still embarked either before or after these crimes. Soraya Butler, Elizabeth Beiro, Carl Voeller, and Frances Watkins. Chandler's claim of error addresses the first prong. Next, Chandler claims that trial counsel was ineffective because of the strategy he utilized for dealing with Williams Rule evidence. Since such statements are usually hearsay, they are inadmissible as substantive evidence unless they qualify under an exception to the rule excluding hearsay. Rodriguez, 609 So.2d at 500 (citing Charles W. Ehrhardt, Florida Evidence, 801.8 (1992 ed.)). 13. The trial judge pointed this out to defense counsel when he renewed his request for a standing objection. That's your concern and Mr. Chandler's concern[To defense counsel]: You knew how the court was going to rule. During cross-examination, Chandler admitted within the context of his version of events that he did not stop having sex with Blair after she demanded that he stop because "he wanted to complete the act" and in his opinion he "was entitled to finish." 657, 154 L.Ed.2d 556 (2002), and denied relief. [11] Chandler's collateral counsel argues that trial counsel should have vigorously defended against the alleged sexual battery and not conceded anything to the State.[12]. Theresa Stubbs from FDLE determined that some of the handwriting on the Clearwater Beach brochure was Chandler's, while other writing may have been Joan Rogers'. In this case, the trial court determined that there was inadequate proof in the record that this proffered nonstatutory mitigation existed. For example, the following exchange occurred regarding Chandler's November 1989 visit with his daughter, Kristal Mays,12 in Cincinnati: Prosecutor: Tell me how it came out, Mr. Chandler. Fingerprints found blair back and judy blair testimony oba chandler. by | May 28, 2022 | brandon merrill husband | May 28, 2022 | brandon merrill husband KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur. Geralds. In effect, Chandler claims that once Orange County was determined to be the venue from which the jury would be selected, his trial counsel should have filed a second change of venue motion in order to have a jury selected from elsewhere in the State. Because the sexual battery charge would still be pending at the time of the murder trial, trial counsel thought the best way to preserve Chandler's credibility was to have him assert his Fifth Amendment rights with regard to questions about the alleged sexual battery, which trial counsel felt would help his credibility relating to the murder. However, we are unpersuaded by Chandler's citation of those cases, which we find distinguishable. The significant common features of the two crimes include the following: The victim was a small female with dark hair; Gore introduced himself as Tony; he had no automobile of his own; he was with the victim for a lengthy amount of time before the attack began; he used or threatened to use binding; the attack had both a sexual and pecuniary motive; the victim suffered trauma to the neck area; Gore transported the victim to the site of the attack in the victim's car; the victim was attacked at a trash pile on a dirt road, where the body was then left; Gore stole the victim's car and jewelry; he pawned the jewelry shortly after the theft; he fled in the victim's automobile, leaving the state where the victim was apprehended and staying with a friend or relative for a period of time after the crime; and he represented the car to be a gift or loan from a girlfriend or relative. Moreover, the decision regarding whether to seek a change of venue is "usually considered a matter of trial strategy by counsel, and therefore not generally an issue to be second-guessed on collateral review." In denying Chandler relief on this claim, the trial court first determined that the underlying issue was procedurally barred. SC01-1468, Judges: "This isn't a negotiation," she tells the network's execs. Likewise, in this case, Chandler testified on direct examination about his line of work; his family; his boat; his work-related activities from May 31 to June 2, 1989; his encounter with the Rogers family on June 1, 1989, at the convenience store where he gave them directions to a Days Inn; his fishing trip the evening of June 1, 1989, where he was allegedly stranded in Tampa Bay due to a broken hose; and three separate denials that he killed the Rogers family. Chandler waived the presentation of any testimonial mitigating evidence court testimony might,! 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Rule excluding hearsay the improvement completion approach, nor were packaged with no legal process that judy testimony.

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