Death Penalty Case Rules on Photo Lineups, IDs, Miranda, Sixth Amendment, Speedy Trial, Racial Justice
(1) Showing a crime victim a “sixpack” photo lineup, instead of showing the photos sequentially, and where the investigator showing the lineup knows who the suspect is instead of administering a “blind” lineup, is constitutionally permissible.
(2) An in-court witness identification of a defendant is legally sufficient so long as it is based upon the witness’ “independent recollection.”
(3) When an in-custody suspect freely reinitiates communication with law enforcement, resulting incriminating statements are admissible against him in court despite an earlier invocation of his Miranda rights.
(4) A criminal defendant has the right to testify, even over the objection of his attorney. However, that decision has to be made known to the trial court before the end of the trial, thus allowing the court to counsel the defendant concerning his or her rights.
(5) A criminal defendant is entitled to both a statutory and a constitutional right to a speedy trial. Despite this right, the defendant’s criminal case may be delayed upon a wavier of the parties and/or a showing of “good cause.” A defense attorney’s need to work for other clients is valid basis for overriding a defendant’s speedy trial rights.
(6) The California Racial Justice Act of 2020 is intended to eliminate racial bias from California’s criminal justice system. However, whether the RJA benefits the defendant in this case, absent a showing of “good cause,” is best litigated via a writ of habeas corpus as opposed to remanding the case to the Superior Court pending appeal.
In early 2000, defendant Javance Mickey Wilson concocted an interesting way to make money: stealing it from cabdrivers while cold-bloodedly executing them. On Jan. 7, 2000, Wilson was picked up by cabdriver James Richards in downtown San Bernardino. Wilson had Richards drive him to Bloomington, about 20 minutes away. Once there, Wilson directed Richards to stop on a rural, dimly lit road. He then pulled out a small caliber handgun and robbed Richards, taking an undetermined amount of cash. Wilson forced Richards to get out of the cab and onto his knees. He then put his gun into Richards’ mouth and pulled the trigger. When the gun jammed, Richards got up and fled to a nearby house from where he called the police. Wilson fled the area in Richards’ cab.
On the evening of Feb. 20, Wilson robbed and murdered cabdriver Andres Dominquez at the same location. Using Dominquez’s cellphone, he called for another cab. Victor Henderson responded and was robbed and killed two hours later with the same gun that was used to kill Dominquez.
Meanwhile, investigators were working with Richards, attempting to determine who was committing these crimes. Richards described the suspect as a Black male in his 30s, with short hair and pock-marked skin, about six feet tall and 220 pounds, and wearing a light-colored ski jacket. Investigators showed Richards a “sixpack” photo lineup, which did not include Wilson. Richards could not identify anyone.
A pile of circumstantial evidence (described in detail in the case decision) eventually led investigators to suspect that Wilson was the perpetrator. Although Wilson was a bit younger than described (25), he otherwise fit the description as provided by Richards. As a result, Richards was eventually shown another sixpack photographic lineup. In this one, Richards positively identified Wilson as his robber, telling investigators that defendant’s picture looked “exactly like the guy” and “jumped right out at me.”
At the investigator’s suggestion, Richards circled his picture. Wilson was subsequently arrested in Ohio. Transported back to San Bernardino, detectives questioned Wilson, resulting in incriminating statements. (See “Alleged Miranda Violations,” below.)
A live lineup was conducted, at which Richards identified Wilson. (Between when the photo for the photo lineup was taken and the live lineup, Wilson had shaved his mustache and grew a beard and soul patch. Wilson was arraigned on two counts of murder, one count of attempted murder, three counts of robbery and other related charges, plus a number of special circumstances qualifying him for the death penalty.
When interviewed by the prosecutor prior to the preliminary examination, Richards expressed concern whether he would be able to identify Wilson in the courtroom. The prosecutor showed Richards the photo lineup with defendant’s picture circled. In the courtroom, Wilson was wearing a red jail jumpsuit and sitting at the defense table. As a result, Richards had no difficulty identifying him when testifying. Bound over for trial, a jury was unable to reach a verdict.
A second jury, however, found Wilson guilty of all charges and allegations and, after a penalty trial, recommended death. The trial court judge agreed, sentencing defendant to death.
Wilson’s appeal to the California Supreme Court was automatic.
