People v. Gonzales
54 Cal. 4th 1234
| Cal. | 2012Background
- Genny Rojas died in 1995 amid prolonged torture by Gonzales and wife Veronica.
- Gonzales convicted of murder; torture-murder special circumstance proven in guilt phase; penalty phase death verdict after retrial.
- Evidence showed immersion burn, restraints, and repeated abuse; DNA and blood in closet support abuse scenario.
- Veronica’s child-abuse history was offered to show third-person culpability and countermotives.
- Gonzales challenged pretrial motions, evidentiary rulings, and admission of statements and videotaped testimony; appeal followed.
- Penalty-phase issues focused on exclusion of Veronica’s abusive history and relatives’ evidence; new trial denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Veronica’s child-abuse history | Gonzales argues it shows Veronica’s propensity. | Exculpatory third-party evidence; relevant to motive/identity. | Exclusion upheld; 1101 bars such evidence; no due process violation. |
| Waiver of presence during voir dire | Waiver valid; ensured jury process continuity. | Waivers incomplete; shackling risks; written waiver needed. | Waivers valid; no prejudice shown; record supports security and process. |
| Admissibility of Ivan, Jr.’s preliminary hearing testimony | Vital to prosecution; corroborates guilt. | Rights to confrontation and memory concerns; coercion risks. | Proper under Evidence Code 1291; videotape admission affirmed. |
| Admission of Veronica’s police statements at guilt phase | Show consciousness of guilt; corroborative with defendant. | Statements fabrication risk; not admissible for truth at penalty. | Admissible for consciousness of guilt; not hearsay error. |
Key Cases Cited
- People v. Chatman, 38 Cal.4th 344 (Cal. 2006) (torture-murder standards; circumstantial sufficiency)
- Holmes v. South Carolina, 547 U.S. 324 (U.S. 2006) (evidence rules balance probative value and prejudice)
- Craig v. Maryland, 497 U.S. 836 (U.S. 1990) (case-specific findings for alternative testimony seating)
- Crawford v. Washington, 541 U.S. 36 (U.S. 2004) (testimonial hearsay constraints; does not affect live confrontation)
- People v. Blacksher, 52 Cal.4th 769 (Cal. 2011) ( Sixth-Amendment confrontation analysis; trial-stage focus)
- People v. Lomax, 49 Cal.4th 529 (Cal. 2010) ( aggravating/mitigating instruction framework; no structural error)
- People v. Gonzales, 51 Cal.4th 106 (Cal. 2011) (context for death-penalty standards (cited in opinion))