Appellant, William Satele, Reply Brief - California Courts - State of ...

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were the occupants of the car driven by Caballeros in the general area of the shooting. Joshua Contreras' statements to law enforcement were thus critical to the prosecution's case, but they too were plagued by trustworthiness issues because Contreras subsequently repudiated them. (See summary of Contreras statements at AOB 10-12, 14.) As a result, when the prosecutor "guaranteed the truth" of Vasquez' identification and spoke of corroboration with factual references to Contreras' statements to law enforcement, the prosecutor was effectively rehabilitating the credibility of both Contreras and Vasquez. Information provided by both ofthese men in statements to law enforcement and in their trial testimonies formed the thrust ofthe prosecution's theory ofthe case. The credibility of each was suspect for the reasons described above. (Ante, at pp. 12-13.) For these reasons, the prosecutor's improper vouching infected the trial with unfairness to a degree that denied appellant a fair trial warranting reversal of the judgment of conviction. (Donnelly v. DeChristoforo, supra, 416 U.S. at p. 642.) Because the trustworthiness of information obtained from Vasquez and Contreras was directly associated with the severe flaws attached to the credibility of each, the prosecutor's vouching may not be said to have been harmless beyond a reasonable doubt. (Chapman v. California (1967) 386 U.S. 18,24.) Appellant further submits that the prosecutor's improper vouching constitutes misconduct under state law because the law is well settled that a prosecutor may not invoke his personal prestige and reputation in vouching for a witness. (People v. Huggins, supra, 38 Ca1.4th at pp. 206-207.) This experienced trial prosecutor would have been aware that he was not permitted to vouch for the credibility of his witnesses. The prosecutor would also have been aware that the credibility of both Contreras and Vasquez was suspect and aware also that information credited to both was essential to his case. In short, they were the weak links in the prosecution's case, and so the prosecutor vouched directly for Vasquez in a way that permitted him to also corroborate information provided by 104
Contreras. Viewed in this context, the vouching appears to be calculated and not happenstance. And, then, of course, the prosecutor repeated the vouching in connection with the van conversation during rebuttal argument. This second instance of vouching demonstrates either that the prosecutor understood that the court overruled trial counsel's objection to the prosecutor's "guarantee," or the prosecutor was confused by its ambiguity, or the prosecutor acted in flagrant disregard ofthe ruling. Bad faith on the part ofthe prosecutor is not a prerequisite for appellate relief. (People v. Hill, supra, 17 Cal.4th at p. 822.) A prosecutor is held to a standard higher than that imposed on other attorneys because of the unique function he or she performs in representing the interests, and in exercising the sovereign power, of the State. (People v. Kelley (1977) 75 Cal.App.3d 672, 690.) As the United States Supreme Court has explained, the prosecutor represents "a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done." (Berger v. United States (1935) 295 U.S. 78, 88; People v. Espinoza (1992) 3 Cal. 4th 806,820.) Here, it seems the prosecutor resorted to reprehensible methods to attempt to persuade the jury that Vasquez and Contreras were credible people and that the information attributed to them was sufficiently substantial to support the convictions. The error was not harmless under the test ofPeople v. Watson (1956) 46 Cal.2d 818, 836.) It is precisely because the credibility of both Vasquez and Contreras was so suspect and because their information so instrumental to the prosecution's contention that appellant was an occupant within the car driven by Caballeros that a result more favorable to appellant would have been reached in the absence ofthe vouching. For the reasons stated here and in the opening brief, appellant respectfully submits the judgment ofconviction must be reversed. 105
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TABLE OF CONTENTS APPELLANT WILLIAM
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2. The Pleadings Failed To NotifY A
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VI THE JURy FAILED TO FIND THE DEGR
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C. Standard OfReview And Prejudice
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XIII APPELLANT JOINS IN ALL ISSUES
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Mitchell v. Esparza (2003) 540 U.S.
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People v. Cruz (2001) 93 Cal.App.4t
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People v. Scott (1978) 21 Cal. 3d 2
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CALlIC No. 8.31 passim CALJIC No. 8
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ARGUMENTS GUILT PHASE ISSUES I THE
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the facts indicate that only one de
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form finding "personal use" to have
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57 Cal.AppAth 871, 877; 9 Witkin, C
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the weapon. Without again recountin
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Respondent notes that between the m
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In another apparent attempt to just
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appellant has repeatedly said, the
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not present them to the trial court
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In People v. Knighten (1980) 105 Ca
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Finally, it must be noted that the
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B. The Constitutional Issues Are No
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turn relied on the language from Wi
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Indeed, in this case the instructio
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as the prosecution's first-degree t
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F. Conclusion In summary, by failin
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As appellant explained in the openi
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in the manner suggested by responde
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Furthennore, it is well established
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Appellant has explained above and i
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Cal.App.3d 970, 992.) Instead, resp
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3. Appellant's Did Not Forfeit His
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In Argument V of the Opening Brief,
Page 67 and 68: IV IN FAILING TO REDACT PORTIONS OF
Page 69 and 70: People v. Barraza (1979) 23 Ca1.3d
Page 71 and 72: have been unreasonable for the jury
Page 73 and 74: shot Fuller and Robinson, and that
Page 75 and 76: find 'intent to kill'" on the basis
Page 77 and 78: THE COURT'S ERRONEOUS INSTRUCTION A
Page 79 and 80: Robinson's wounds indicated the sho
Page 81 and 82: caused great bodily injury or death
Page 83 and 84: use enhancement, the statutory lang
Page 85 and 86: 192-193), but fails to explain how
Page 87 and 88: Then we have the words "personal us
Page 89 and 90: trial and had therefore forfeited t
Page 91 and 92: merits of appellant's claim. (AOB a
Page 93 and 94: jury trial. (People v. Gottman (197
Page 95 and 96: Respondent argues that another theo
Page 97 and 98: needs to rely on the penalty verdic
Page 99 and 100: may not cross-examine a witness upo
Page 101 and 102: itself to appellant would be improp
Page 103 and 104: B. The Court Erred In Refusing The
Page 105 and 106: egarding the intent ofthe non-shoot
Page 107 and 108: B. Respondent's Arguments Are Mispl
Page 109 and 110: ut is only being allowed for use ag
Page 111 and 112: x THE TRIAL COURT ERRED IN PERMITTI
Page 113 and 114: XI THE PROSECUTOR'S MISCONDUCT IN A
Page 115 and 116: "guarantee." Appellant is not proce
Page 117: v. Berryman (1993) 6 Ca1.4th 1048,
Page 122 and 123: overwhelmingly showed that only one
Page 124 and 125: XII GUILT AND PENALTY PHASE VERDICT
Page 126 and 127: Where Juror No. 2211 is concerned,
Page 128 and 129: The jury in Cruz was given a versio
Page 130 and 131: PENALTY PHASE ISSUES XIV THE TRIAL
Page 132 and 133: B. The Flaw In Respondent's Content
Page 134 and 135: participation ofall jurors. Contrar
Page 136 and 137: confuse[d]" (Harris) is no more tha
Page 138: It is submitted that these instruct
Page 141 and 142: inherent power to review an issue i
Page 143 and 144: prospective jurors who were found t
Page 145 and 146: (Id at p. 821.) This court has char
Page 147 and 148: church. (18RT 4448:4-6,4451:11-14.)
Page 149 and 150: (18RT 4450:12-14) or her mother (18
Page 151 and 152: had in fact reached an impasse at t
Page 153 and 154: There is an impasse. It is hung. Bu
Page 155 and 156: establishes, for example, that, whe
Page 157 and 158: and Code of Civil Procedure 233, wh
Page 159 and 160: a demonstrable reality. The court a
Page 161 and 162: CERTIFICATE OF WORD COUNT Rule 8.63
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Appellant, William Satele, Reply Brief - California Courts - State of ...

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