People v. Thomas
51 Cal. 4th 449
| Cal. | 2011Background
- Defendant Alex Dale Thomas, a substitute janitor, murdered 18-year-old Michelle Montoya and raped her during the May 1997 incident at Rio Linda High School.
- The information charged murder with the special circumstance of rape, rape, weapon enhancement, and multiple prior convictions; trial began in Sonoma County after venue change.
- DNA on a tampon matched Thomas; blood on a crowbar and fibers on his clothing linked him to the crime; autopsy showed blunt-force trauma with multiple head and neck injuries.
- Defense conceded sexual activity occurred but claimed it was consensual, arguing the killing was in a panic over feared statutory rape; defense presented alternative theories via experts.
- Guilt phase issues included the handling of jury selection (death-penalty concerns) and admissibility of evidence such as a videotaped interrogation and late defense disclosure.
- Penalty phase included extensive testimony about the victim’s family and friends, defendant’s background, and unadjudicated criminal activity considered under section 190.3.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of 2.28 instruction | Prosecution | Thomas | Error in giving 1996 CALJIC 2.28 was harmless |
| Batson/Wheeler racial peremptory challenge | Prosecution used race-neutral justifications | Thomas claims purposeful discrimination | No reversible error; reasons supported the strike |
| Miranda custody and statements at scene | Statements admissible under custody standard | Miranda warnings required | Not in custody for Miranda purposes; statements admissible |
| Unadjudicated criminal activity under 190.3, factor (b) | Admission appropriate and probative | Unconstitutional or unreliable | Admissible; not unconstitutional |
| Victim impact testimony in penalty phase | Permissible to describe impact on community and family | Overbroad or prejudicial | Admissible and not error |
Key Cases Cited
- Wainwright v. Witt, 469 U.S. 412 (U.S. S. Ct. 1985) (death-qualification standard for juror exclusion)
- People v. Griffin, 33 Cal.4th 536 (Cal. 2004) (defers to trial court on juror state of mind in death penalty context)
- Batson v. Kentucky, 476 U.S. 79 (U.S. S. Ct. 1986) (prohibits race-based peremptory challenges)
- People v. Wash, 6 Cal.4th 215 (Cal. 1993) (equates equivocal death-penalty responses to permissible excusal for cause)
- People v. Zambrano, 41 Cal.4th 1082 (Cal. 2007) ( Batson/Wheeler framework application in California)
- People v. Bell, 118 Cal.App.4th 249 (Cal. App. 2004) (criticized 1996 CALJIC 2.28 for discovery sanction and prejudice)
- People v. Saucedo, 121 Cal.App.4th 937 (Cal. App. 2004) (harmless error for 2.28 in some contexts)
- People v. Riggs, 44 Cal.4th 248 (Cal. 2008) (limits on discovery sanction impact; harmless in Riggs)
- People v. Cromer, 24 Cal.4th 889 (Cal. 2001) (confrontation and admissibility considerations)
- People v. Hovey, 44 Cal.3d 543 (Cal. 1988) (reasonable diligence to locate missing witnesses)