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Federal judge overturns rape, murder conviction
AP on Bakersfield Californian ^ | 2/8/08 | AP

Posted on 02/08/2008 10:35:34 PM PST by NormsRevenge

A federal judge on Friday overturned the conviction of a man on death row for the rape and murder of a woman outside an Orange County bar because of statements made by a prospective FBI agent that allowed him to get on the trial's jury.

U.S. District Court Judge Consuelo B. Marshall overturned the conviction of Richard Raymond Ramirez because the jury foreman - who was a candidate to become an FBI agent - made "false and misleading" statements about his employment situation during jury selection in the 1985 trial.

The juror, Thomas Alston, is now an FBI agent in Portland. Marshall said his behavior "fatally undermines the court's confidence in his impartiality."

Alston declined to comment about the case.

Marshall ordered that Ramirez either be released from San Quentin's death row or be granted a new trial.

Orange County District Attorney Tony Rackauckas urged the attorney general's office to ask the judge to reconsider or to appeal.

"Mr. Ramirez was, and continues to be, a poster child for the death penalty," Rackauckas said in a statement. "We will make sure justice is done in this case."

Deputy state Attorney General William Wood, who argued the prosecution's side in federal court, said he had not yet decided whether to appeal.

"We're examining our options," Wood said. "We've advised the district attorney to let them know in case they have to make a decision on retrial."

Ramirez was convicted for the 1983 killing of a 22-year-old Norwalk bank teller outside a bar in Garden Grove. The partially nude body of Kimberly Gonzales was found in a nearby alley. She had been stabbed 19 times and bled to death.

He was convicted of rape, sodomy and murder. The California Supreme Court upheld the conviction in 1990.

Transcripts show that when the trial judge asked the jury pool if any had law enforcement ties, Alston said his stepfather was an FBI agent and his father and uncle were retired agents. He didn't indicate he was a prospective agent himself.

Alston said he was working as a civil attorney, though he had been recently laid off.

"Mr. Alston understood that defense counsel would likely excuse him from the jury panel if he knew the full extent of his connections to the FBI," Judge Marshall wrote.


TOPICS: Crime/Corruption; Government; US: California
KEYWORDS: california; conviction; federaljudge; gramsci; murder; overturns; rape
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Ramirez was convicted for the 1983 killing of a 22-year-old Norwalk bank teller outside a bar in Garden Grove. The partially nude body of Kimberly Gonzales was found in a nearby alley. She had been stabbed 19 times and bled to death.

He was convicted of rape, sodomy and murder. The California Supreme Court upheld the conviction in 1990.

--

U.S. District Court Judge Consuelo B. Marshall

a 1980 Jimmy Carter appointee

1 posted on 02/08/2008 10:35:35 PM PST by NormsRevenge
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Kimberly Gonzales had no appeals, she died in 1983.

His death penalty sentence was upheld in 1990.

This is 2008.

18 years worth of appeals.

Justice?


2 posted on 02/08/2008 10:40:51 PM PST by NormsRevenge (Semper Fi ... Godspeed ... ICE’s toll-free tip hotline —1-866-DHS-2-ICE ... 9/11 .. Never FoRGeT)
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To: NormsRevenge

As much as I hate to admit it, the judge was right. Potential bias of a juror is a grave threat to the administration of justice, so the only reasonable response is (1) hold a new trial and (2) crucify the juror who lied.


3 posted on 02/08/2008 10:41:06 PM PST by Squawk 8888 (Is human activity causing the warming trend on Mars?)
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The juror, Thomas Alston, is now an FBI agent in Portland. Marshall said his behavior “fatally undermines the court’s confidence in his impartiality.”

I know there will be those who defend this decision by the Judge.

At least double jeopardy does not apply.


4 posted on 02/08/2008 10:43:23 PM PST by NormsRevenge (Semper Fi ... Godspeed ... ICE’s toll-free tip hotline —1-866-DHS-2-ICE ... 9/11 .. Never FoRGeT)
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To: Squawk 8888

If the perp had been executed long ago, it wouldn’t be like an innocent man was executed.

However, I understand the bias argument. While I do not like it, I also would seek a retrial and subsequent movement of the perp to the top of the list with a few others still awaiting “Justice”.


5 posted on 02/08/2008 10:46:03 PM PST by NormsRevenge (Semper Fi ... Godspeed ... ICE’s toll-free tip hotline —1-866-DHS-2-ICE ... 9/11 .. Never FoRGeT)
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To: Squawk 8888
its not a grave threat...its a minor point ..

it did not affect the outcome and to throw out this conviction over this non issue is INSANE....

and its not like defense attorneys don't slither in their "type" of juror....

6 posted on 02/08/2008 10:46:29 PM PST by cherry
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To: Squawk 8888

“As much as I hate to admit it, the judge was right. Potential bias of a juror is a grave threat to the administration of justice, so the only reasonable response is (1) hold a new trial and (2) crucify the juror who lied.”

This is just a technicality. I am so sick of seeing violent criminals released by liberal judges and liberal politicians.


7 posted on 02/08/2008 10:49:58 PM PST by detective
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To: cherry

I am not blaming the lawyers in this one; both sides always try to slip in “their” type of juror. In this case the blame falls squarely on the juror in question because he lied. I do wonder, though, why he wasn’t charged with perjury.


8 posted on 02/08/2008 10:50:42 PM PST by Squawk 8888 (Is human activity causing the warming trend on Mars?)
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Alston said his stepfather was an FBI agent and his father and uncle were retired agents. He didn’t indicate he was a prospective agent himself.

Alston said he was working as a civil attorney, though he had been recently laid off.

Wouldn’t the fact that his family had “FBI blood” already present be enough in itself to disqualify him?

If not, then the fact he was in a transitional state should not be seen as a major violation... but I admit I am not legally trained. Thank God I opted to not pursue law as a life endeavor nor politics.


9 posted on 02/08/2008 10:53:06 PM PST by NormsRevenge (Semper Fi ... Godspeed ... ICE’s toll-free tip hotline —1-866-DHS-2-ICE ... 9/11 .. Never FoRGeT)
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To: Squawk 8888

I would be curious when this juror violation was discovered and by whom. The Innocence Project?

I do not share your view that the juror is guilty of lying as you say.


10 posted on 02/08/2008 10:54:56 PM PST by NormsRevenge (Semper Fi ... Godspeed ... ICE’s toll-free tip hotline —1-866-DHS-2-ICE ... 9/11 .. Never FoRGeT)
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To: Squawk 8888

and you are from Canada? lol

wow.


11 posted on 02/08/2008 10:55:43 PM PST by NormsRevenge (Semper Fi ... Godspeed ... ICE’s toll-free tip hotline —1-866-DHS-2-ICE ... 9/11 .. Never FoRGeT)
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To: detective

I don’t fault liberal judges and liberal politicians for this one. If I ever found myself at the wrong end of criminal proceedings and found out later that a juror concealed the fact that he was a cop wannabe, I’d be screaming “frame up” big time. I’d also question that juror’s qualifications to work in law enforcement because by lying in court he exhibited a serious contempt for the law. Some may say it’s a mere technicality, but when you’re talking about depriving someone of his life or his freedom, dammit you better do your homework.


12 posted on 02/08/2008 10:55:58 PM PST by Squawk 8888 (Is human activity causing the warming trend on Mars?)
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To: NormsRevenge

Yep, our government at work. To insure letting off a murderer and rapist.


13 posted on 02/08/2008 10:56:30 PM PST by freekitty (Give me back my conservative vote.)
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To: NormsRevenge

They are just figuring this out after 18 years.


14 posted on 02/08/2008 10:57:57 PM PST by freekitty (Give me back my conservative vote.)
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To: Squawk 8888

The perp murdered a woman. Convicted, upheld.

Justice is blind and so are many practitioners in the field as well. What a system.


15 posted on 02/08/2008 10:58:36 PM PST by NormsRevenge (Semper Fi ... Godspeed ... ICE’s toll-free tip hotline —1-866-DHS-2-ICE ... 9/11 .. Never FoRGeT)
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To: NormsRevenge
I admit I am not legally trained. Thank God I opted to not pursue law as a life endeavor nor politics

LOL. Every time I've ever met a lawyer or politician, I always walked away thinking, "There but for the grace of G*d..."

16 posted on 02/08/2008 10:58:37 PM PST by Squawk 8888 (Is human activity causing the warming trend on Mars?)
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To: Squawk 8888

amen.

for a minute there, I read into your remarks that you are in the legal profession.


17 posted on 02/08/2008 11:00:22 PM PST by NormsRevenge (Semper Fi ... Godspeed ... ICE’s toll-free tip hotline —1-866-DHS-2-ICE ... 9/11 .. Never FoRGeT)
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To: NormsRevenge

Nope, just a lowly software development geek.


18 posted on 02/08/2008 11:04:53 PM PST by Squawk 8888 (Is human activity causing the warming trend on Mars?)
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To: Squawk 8888

This guy was not framed. He was guilty. If he is released he will probably kill someone else.


19 posted on 02/08/2008 11:05:58 PM PST by detective
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To: detective

if he isn’t re-tried, at least they got 22 years out of him on death row. not much consolation, but.. considering california and the death row overcrowding, over 600 are waiting for their final exit..


20 posted on 02/08/2008 11:10:00 PM PST by NormsRevenge (Semper Fi ... Godspeed ... ICE’s toll-free tip hotline —1-866-DHS-2-ICE ... 9/11 .. Never FoRGeT)
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