Gore, 599 So.2d at 984 (observing that we have never required the collateral crime to be absolutely identical to the crime charged). 061712 Judy Vanlo 1 beaten to death in Des Moines by Raymond Benitez 19 boyfriend. The consensus among Chandler's defense team was that "they did not feel comfortable, let me put it that way, with [Chandler's] explanation as to what happened out on the water with Judy Blair.". As his final question on direct exam, Chandler's attorney asked him: Did you kill these ladies? Chandler responded that I have never killed no one in my whole life. at 193-94. For the reasons set forth below, we affirm the trial court's order denying Chandler postconviction relief. However, by directly suggesting that the Hard Copy appearance motivated Kristal's testimony, Chandler could not thereafter prevent the State from rehabilitating her testimony by urging that another motive to fabricate existed earlier. [3] Thereafter, the trial court entered an order denying relief. In Thompson, the primary similarities were that both victims were approximately the same age and build; both crimes occurred near a particular church parking lot; and the defendant was having domestic problems on both occasions. His mother remarried when he was thirteen, and he lived with them until he was seventeen when he voluntarily left home to live with his sister; and then decided to live on his own. She stated that she mentioned her father's statements during the general course of her conversation with Valerie and that their conversation occurred in 1989, approximately one year prior to the October 1990 drug incident. Oba Chandler was charged with three counts of first-degree murder for the murder of Joan Rogers, and her two daughters, Michelle and Christe. She gave a sworn statement to the state attorney's office on October 6, 1992. See id. We affirm the trial court's denial of relief on this claim. Only Judy accepted his offer. Dr. Judy Blair, MD is a Psychiatry Specialist in Cincinnati, OH. Chandler, 702 So.2d at 191 n. 5. At the evidentiary hearing, Chandler's trial counsel testified that this opening statement was part of the strategy to keep Chandler's Fifth Amendment rights intact and that if he had denied the alleged sexual battery in his opening it might have opened the door to the State to cross-examine Chandler on it. This is the process required by Campbell and Ferrell. The moon that hurts so ever is the unfairness of it. I needed some cash. The defendant bears the burden of establishing a prima facie case based upon a legally valid claim. Illustrative of the trial court's thorough analysis of all proffered mitigators is its treatment of this issue, Chandler's alleged childhood trauma: 7. Trial counsel's fears about Chandler's version of events were supported by Chandler's *1043 testimony at the evidentiary hearing. One of the operators, Elizabeth Beiro, testified that she received three collect calls for Debra Chandler's telephone number, at 1:12 and 1:30 a.m. on June 2, 1989. The general manager contacted the police, who secured the room and obtained the hotel's records for the room. See Provenzano v. Dugger, 561 So.2d 541, 545 (Fla.1990) (holding that counsel was not ineffective where "counsel's decision not to renew the motion for change of venue was a tactical decision" and it was "unlikely that a change of venue would have been granted because there were no undue difficulties in selecting an impartial jury"). We have on appeal the judgments and sentences of the trial court imposing the death penalty upon appellant Oba Chandler. (footnotes omitted). Divorce filed Akron Common Pleas Court Page 5 of 11. . When asked about details surrounding the rape of Judy Blair, Chandler invoked his Fifth Amendment right to remain silent twenty-one times, although he did answer some questions regarding his perception of the link between the rape and the murders. The mode of operating theory of proving identity is based on both the similarity of and the unusual nature of the factual situations being compared. Additionally, trial counsel testified that he candidly felt the prosecutor's closing argument was "mean spirited" and that the prosecutor was "hanging himself." The email address cannot be subscribed. Geralds. However, trial counsel decided to advise Chandler not to follow this path after he had the chance to depose the victim in the sexual battery case, Judy Blair. 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." Drake, 400 So.2d at 1219 (emphasis added). Id. That was a choice that the defendant made in urging more than one reason to fabricate at trial. Trial counsel testified at the evidentiary hearing that if he had not been able to select a jury in Orange County, he would have moved for a change of venue at that point.[7]. He determined that the cause of death for each victim was either asphyxiation due to strangulation from the ropes tied around their necks or drowning. As with Tina Corolis's fortuitous survival after being savagely punched, strangled, and stabbed by Gore, the evidence adduced at trial indicates that Judy Blair may be alive today because Barbara Mottram refused to join her and Chandler on the boat and awaited her return at the boat dock. The trial judge in her order denying Chandler postconviction relief stated that both Chandler and his trial counsel knew that she would try to pick the jury from Hillsborough County before granting a change of venue. A hearing was held on the motion for change of venue, at which the court explained the stipulation to Chandler in great detail. 5. Next, Chandler argues that the trial court erred in admitting Kristal Mays' prior consistent statement made on October 6, 1992, when the existence of a fact giving rise to a motive to falsify, the October 1990 drug money theft, occurred before the statement was made. The material issue to be resolved by the similar facts evidence in the present case is identity, which the State sought to prove by showing Drake's mode of operating. Chandler told Stephenson that one of the girls was very attractive. See Stephens v. State, 748 So.2d 1028, 1034 (Fla.1999) (recognizing trial court's superior vantage point in assessing credibility of witnesses). Chandler was the man she saw. During another visit to Cincinnati in October 1990, Chandler had Rick Mays set up a drug deal. After meeting the women at a convenience store, Chandler, who identified himself as "Dave," arranged to take them out on his boat the next day. 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. Trial counsel also thought he "had established a pretty good rapport with the jury during the closing argument." Moreover, given trial counsel's detailed explanation of his strategy and his views of why he did not want the jury to hear Chandler's version of the alleged sexual battery, coupled with the testimony that Chandler gave at the evidentiary hearing, we agree with the trial court's finding that trial counsel's performance was not ineffective. [14] Trial counsel realized that even if the trial court ruled against Chandler on a motion in limine to prevent the introduction of the Williams Rule evidence, the alleged sexual battery case would still be pending when the State brought the murder to trial. When the Coast Guard recovered Christe's body, they had to cut the rope around her neck since they could not dislodge or pull up the heavy object at the end of the rope. 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." When asked why, Chandler told Cooper that he had a date with three women. Toggle navigation. "[18] Taken in context, we do not believe that this brief comment by the prosecutor was an unfair or improper comment on defendant's Fifth Amendment rights. He invited them for a boat ride the next morning. For the reasons expressed below, we affirm Chandler's first-degree murder convictions and sentences of death. With the Blair rape evidence before her, the trial judge found that it was relevant to establish Chandler's identity as the Rogers' killer; relevant to show Chandler's plan, scheme, intent, and motive to lure women tourists aboard his boat for a sunset cruise to commit violence upon them; and relevant to establish Chandler's opportunity7 to commit the Rogers' murders on his boat. 488 So.2d at 55. SC01-1468, Judges: Rollins Cooper worked as a subcontractor for Chandler at the time of the murders. This request was made before Chandler testified on direct examination and thus, obviously, before the State cross-examined him. Furthermore, Chandler has not brought forth evidence demonstrating that there is a reasonable probability that the trial court would have, or at least should have, granted a motion for change of venue if defense counsel had presented such a motion to the court. The tertiary butyl group of oba, i had always denied being caught his face down, oba chandler judy blair testimony he was innocent. The assistant medical examiner, Dr. Edward Corcoran, performed autopsies that same day. Prosecutor: Did you tell her you were innocent of both crimes? Gore argues that this case is comparable to Drake v. State, 400 So.2d 1217 (Fla.1981), in that the collateral crime is not sufficiently similar to the crime at issue and the claimed similarities are not unique enough to qualify as evidence of identity In rejecting the collateral crimes evidence as evidence of the identity of the murderer, we noted that [a] mere general similarity will not render the similar facts legally relevant to show identity. 3. [13] Moreover, trial counsel also noted that it was decided early on that Chandler should testify on his own behalf in the defense portion of the case. In addition, the prosecutor questioned Kristal about a similar statement she made to her sister, Valerie Troxell, in 1989.17 The State further argues, and we agree, that the jury knew that the October 1990 drug money incident occurred before Kristal Mays gave her statement to the state attorney's office in October 1992,18 and Chandler's defense counsel had an additional opportunity to recross-examine Mays regarding her statement as well as to assert both the drug money episode and the Hard Copy appearance as motivations for Kristal to lie or exaggerate her testimony. denied, 519 U.S. 891, 117 S.Ct. Additionally, trial counsel noted that from his pretrial deposition he knew that Blair was adamant about the facts of the alleged sexual battery, was convincing as a witness, and that her description would be authoritative before the jury. denied, 522 U.S. 846, 118 S.Ct. 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. 130, 139 L.Ed.2d 80 (1997); Marshall v. State, 604 So.2d 799 (Fla.1992) (affirming death sentence where four strong aggravators, including HAC, prior violent felony convictions, and murder during commission of burglary outweighed minor mitigation). Robert Carlton testified that he bought a blue and white boat from Chandler in July or August 1989. Subsequently, Chandler's trial counsel filed a motion for change of venue, alleging that Chandler could not get a fair and impartial trial anywhere in the Tampa Bay area. He had thought the night of the break downwas the weekend before that. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Outdoor Learning . 14. At the outset, we agree with the State that much of Chandler's claim that cross-examination impermissibly exceeded the scope of direct examination is procedurally barred since no contemporaneous objection was made. 97-6104 (U.S. Sept. 18, 1997). [16] Chandler organizes the numerous allegedly improper comments into four broad categories: (1) improper comments on Chandler's exercise of his Fifth Amendment privilege regarding the alleged sexual battery; (2) improper attacks on defense counsel and his theory of the case; (3) improper statements of the prosecutor's personal opinions and beliefs; and (4) improper personal attacks on Chandler. In Des Moines by Raymond Benitez 19 boyfriend contacted the police, who secured the room obtained... Emphasis added ) of 11. you kill these ladies Chandler in July August. 'S attorney asked him: Did you tell her you were innocent of crimes! These ladies 's * 1043 testimony at the time of the girls was very attractive for Chandler at time! 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