People v. Dement
133 Cal. Rptr. 3d 496
| Cal. | 2011Background
- Defendant Dement was convicted of murder in jail and related offenses, received a death sentence, and this automatic appeal followed.
- Guilt-phase evidence showed Dement attacked fellow inmate Greg Andrews in Fresno County Jail, including beating, strangulation with a towel, and ordering sexual acts; Andrews died by ligature strangulation.
- Defendant’s cellmates Benjamin and Bond testified to the attack; multiple inmates heard distress noises and threats during the incident.
- Prior-murder special-circumstance allegation was established based on a 1991 murder of Dement’s brother, and other prior felony convictions and jail misconduct were admitted during penalty phase.
- Defendant challenged numerous trial issues, including juror discrimination, admissibility of statements, Massiah/Edwards concerns, and instructions on the special circumstance and death-penalty phase.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pretrial discrimination in peremptory challenges | State did not strike jurors on gender; no prima facie case. | Prosecutor dismissed many women sequentially, implying gender bias. | No prima facie gender discrimination; no prohibited purposeful discrimination established. |
| Admission of Johnson and Martinez prior statements | Prior statements properly admitted; witnesses testified and confronted in trial. | Confrontation rights violated by admitting out-of-court statements. | Admissible; declarants appeared and were cross-examined; no Crawford violation. |
| Edwards violation and hospital interrogation | Officer’s hospital discussion did not constitute interrogation after counsel request. | Interrogation occurred and violated Edwards rights. | No Edwards violation; hospital statements were permissible and noncoercive. |
| Massiah debriefing via inmate Ybarra and kites | Kites aided prosecution; informant not a government agent, proper under Massiah analysis. | Ybarra acted as government agent eliciting statements without counsel. | No Massiah violation; informant not acting as government agent; 352 balancing supports admissibility. |
| Sufficiency and instructional validity of special circumstantial finding | Evidence shows murder occurred while attempting oral copulation; statutory elements met. | Instructions too ambiguous; circumstantial elements misdefined; insufficient to impose death penalty. | Substantial evidence supports the special-circumstance finding and related felony-murder theory; instructions upheld. |
Key Cases Cited
- J. E. B. v. Alabama ex rel. T. B., 511 U.S. 127 (1994) (unisex jury-selection; gender-based peremptory challenges prohibited)
- Batson v. Kentucky, 476 U.S. 79 (1986) (race-based peremptory challenges prohibited)
- People v. Wheeler, 22 Cal.3d 258 (1978) (establishes Wheeler standards for discrimination objections)
- People v. Bonilla, 41 Cal.4th 313 (2007) (prima facie case and gender-neutral justifications framework)
- Crawford v. Washington, 541 U.S. 36 (2004) (Confrontation Clause; admissibility of prior statements when witness testifies)
- Massiah v. United States, 377 U.S. 201 (1964) (Massiah rule on covert interrogation by government agents)
- Fairbank v. Ayers, 16 Cal.4th 1223 (1997) (Massiah-related notes on informants and admissibility)