PEOPLE v. FARLEY
Filed 7/2/09 (reposted same date to correct participating concurring justices)
IN THE SUPREME COURT OF CALIFORNIA
)
v. )
Defendant and Appellant. ) Super. Ct. No. 123146
__________________________________ )
A jury convicted defendant Richard Wade Farley of the first degree murders of Joseph Silva, Wayne Williams, Glenda Moritz, Ronald Reed, Helen Lamparter, Ronald Doney, and Lawrence Kane (Pen. Code,[1] 187, 189), the attempted murders of Greg Scott, Richard Townsley, Randell Hemingway, William Drake, and Karen Mackey ( 187, 664), assault with a firearm upon Laura Black ( 245, subd. (a)(2),), second degree burglary ( 459, former 460, subd. (2), now 460, subd. (b)), and felony vandalism (former 594, subd. (b)(1)). The jury found true the special circumstance allegations that six of the murders were committed while defendant was engaged in the commission or attempted commission of a burglary ( 190.2, subd. (a)(17)(vii), now 190.2, subd. (a)(17)(G)), and that defendant was convicted of at least one crime of first degree murder and one or more crimes of first or second degree murder. ( 190.2, subd. (a)(3)). The jury also found true the allegations that all five counts of attempted murder were willful, deliberate, and premeditated ( 664, subd. (f)), the allegations pertaining to all counts of murder and attempted murder that defendant personally used a firearm ( 1203.06, 12022.5, subd. (a)), and the allegations regarding defendants personal infliction of great bodily injury on Scott, Townsley ( 12022.7, 1203.075), and Black ( 12022.7). Following the penalty phase of the trial, the jury returned a verdict of death. The trial court denied defendants motion for a new trial ( 1181), and the automatic application for modification of the verdict ( 190.4, subd. (e)). The court entered a judgment of death and also imposed sentence on the noncapital offenses. This appeal is automatic. (Cal. Const., art. VI, 11; 1239, subd. (b).) For the reasons that follow, we affirm the judgment.
I. Factual Background
A. Guilt phase evidence
1. Prosecution evidence
a. Summary
In 1984, while employed at Electromagnetic Systems Laboratory (ESL) in Sunnyvale as a computer technician, defendant became obsessed with coemployee Laura Black. His unwelcome pursuit of Black, and his belligerent and threatening responses to ESLs attempts to stop his harassment of her, led to his termination from ESL in 1986. He continued stalking and harassing Black, and threatened violence against others. In 1988, Black obtained a temporary restraining order (TRO) against defendant. During the approximately two-week period between the issuance of the TRO and the date scheduled for a hearing regarding a permanent injunction, defendant purchased a semiautomatic shotgun and large amounts of ammunition, visited shooting ranges to practice, and put his affairs in order. On February 16, 1988, the day before the scheduled court hearing, he went to the ESL facility where he had worked, shot and killed seven people, and wounded four others, including Black. At trial, defendant conceded responsibility for the seven deaths, but claimed the shootings were not premeditated, and that defendant did not go to ESL to injure people or to destroy anything.
b. Events prior to February 16, 1988
Laura Black testified concerning defendants efforts to establish a personal relationship with her. She recalled that they met in the spring of 1984. Soon thereafter, defendant invited her to socialize with him, but she declined. Defendant continued to extend social invitations to her without success, to call her on the telephone, to leave her gifts, and to attend her aerobics classes and company softball games. Black testified that she changed her residence three times between July 1985 and February 1988, but defendant obtained her new address each time, and surreptitiously obtained a key to one of these residences. Between the fall of 1984 and February 1988, she received approximately 150 to 200 letters from defendant, including two letters he sent to her parents home in Virginia where she was visiting in December 1984. She had not provided him with her parents address.
Various employees of ESL attempted to stop defendants harassment of Black, and defendant reacted either defiantly or by threatening to commit violent acts. Jean Tuffley, who was employed in ESLs human resources department, testified that she met with defendant in October 1985 regarding Blacks complaints of harassment. Defendant agreed at the meeting to cease sending letters and gifts to Black, following Black home, and using her computer terminal, but in December 1985 he again wrote to Black, threatening to visit her and her roommate. Tuffley testified that she and defendants supervisor, Charles Lindauer, met with defendant in December 1985 and January 1986, and ESL issued defendant a written warning after each meeting.
After the January 1986 meeting with Tuffley and Lindauer, defendant confronted Black at her residences parking lot. Black testified that defendant mentioned guns, told her he no longer was going to ask Black what to do and said he was going to tell her what to do. Black further testified that the weekend after this encounter, she received a letter from defendant stating he would not kill her, but referencing a whole range of options, each getting worse and worse. The letter warned, I do own guns and Im good with them, and asked her not to push him. It indicated that if neither of them yielded, pretty soon I crack under the pressure and run amok destroying everything in my path until the police catch me and kill me. It also stated, You know Im serious when I show you a letter like this.
In mid-February 1986, Tuffley testified, defendant stopped by her office and told her that ESL had no right to control his relationships with other individuals. Tuffley responded that sexual harassment is illegal, and that if defendant did not leave Black alone, his conduct would lead to his termination. Tuffley testified that defendant calmly said, if we terminated him . . . hed have nothing to live for, and that he had guns and he wasnt afraid to use them, and . . . it would be over for him and hed take people with him. Tuffley asked, Rich, are you saying that you would kill me? Defendant said, Yes, but I would take others too. Tuffley spoke to her supervisor, John Allen about her meeting with defendant and her fear of what he might do. Thereafter, Tuffley explained, she did not interact with defendant; instead, Allen communicated directly with defendant.
In late February or March 1986, Evor Vattuone, an ESL laboratory manager, met with defendant at defendants request. Vattuone testified that defendant was concerned about the possibility that Black would obtain a restraining order. Vattuone told defendant he understood defendant had been bothering Black, and it would be good if defendant stopped. Defendant told Vattuone he had every right to see Black anywhere, and described following Black home, driving by her home, and attending her softball games. Vattuone told defendant this conduct was jeopardizing his job, and that Black was on the verge of getting a restraining order. Defendant said he would be very upset if he received a restraining order, and did not know how he would respond. Vattuone testified that he asked defendant what he meant, and defendant said, he had guns and he wasnt afraid to use them. Vattuone understood that defendant was telling him he was ready to use guns, and he was going to get his own way no matter what.
In March or April of 1986, Lloyd Bass, defendants supervisor at ESL, told Dennis Elliott, defendants former supervisor at ESL, that Bass had a problem with defendant leaving his work area and chasing some girl. Elliott testified that Bass asked him to speak to defendant. A few days later, Elliott told defendant he had learned that the human relations department was involved in a situation in which defendant was hassling a girl over at [ESL building] M-5 during working hours. Elliott told defendant that it could cost him his job, it could cost him his clearances . . . . He needed to be at his duty station and he should just do his job. Elliott testified that defendant was really angry and claimed, I dont care. They cant hurt me. Im not afraid of them.
On May 2, 1986, ESL terminated defendants employment, effective immediately. Following his termination, defendant continued to write and place telephone calls to Black and to attend Blacks softball games and aerobic classes, and he frequently was seen in or near the ESL parking lot. At the end of the summer or early fall of 1986, defendant began dating Mei Chang, but he continued to harass Black. On July 10, 1987, he wrote to Black, warning her not to obtain a restraining order. His letter stated, It might not really occur to you how far Im willing to go to upset you if I decide thats what Im forced to do. In early October 1987, he wrote to Black, Ive nothing else to lose now but my life, so dont try pushing me any further.
In November 1987, Thomas Burch, a longtime friend who had worked with defendant at ESL, spoke with him. Burch testified that defendant was upset and worried, but not depressed. Defendant told Burch that he owed the Internal Revenue Service (IRS) between $25,000 and $30,000 and that the IRS was about to attach his wages.[2] He also said that if the IRS was not willing to give him some slack, that he didnt have anything or he didnt have much to live for. Defendant brought up the shooting massacre at a McDonalds restaurant in San Ysidro, and said, I wonder what they would do or what they would think if I did something like that. Burch interpreted they to mean ESL, and did not take defendant seriously.
That same month, defendant wrote to Black, warning, This is going to escalate, because, he believed, she thought he was a joke. He advised her not to show his letters to anyone, because they might do something stupid which would make me do something stupid and it would spiral beyond any hope of recovery. In December 1987, he asked in a letter to Black, [D]o you believe I can make you pay attention to me?
That same month, the topic of shoot[ing] up ESL was discussed during a conversation defendant had at a delicatessen with Gerald Hirst and homicide victim Lawrence Kane. Hirst believed he was being forced to resign from ESL, and the three men discussed ESLs management practices. Hirst testified that defendant inquired whether his girlfriend Black was still at ESL and where her office was located, and Kane provided him with directions. The conversation returned to ESLs management, and Hirst said, Whats it going to take to wake them up, some madman to come in there to shoot the computers, shoot the place up? Hirst testified that as he left the table to get more coffee, he heard defendant say, I might do it. When Hirst returned, Kane asked him whether the glass in the ESL Mardex security doors was bulletproof. Hirst said he did not think so. Defendant said, Then double-aught buck would take care of that glass, wouldnt it? Hirst agreed. According to Hirst, the three of them fantasized and laughed and joked, about how funny it might be to go in [to] the company and shoot up the equipment. Hirst was interested in investigating job opportunities at defendants current employer, and gave defendant directions to his office at ESL.[3]
In January 1988, ESL employee Robert Peterson confronted defendant, who was parked outside of ESL, and asked him to stop harassing Black. Peterson testified that he told defendant something to the effect, If you continue doing this, you may have to go to jail. Defendant responded that Peterson was only making things worse. On January 23, 1988, approximately three weeks before the attacks, Black received a letter from defendant describing his encounter with Peterson and instructing her, Youd better tell him to mind his own business. . . . [] He doesnt have any idea what hes getting into. Youd better tell him, Id better never see any police around me.
On February 2 or 3, 1988, Black obtained a TRO against defendant. The hearing regarding a permanent injunction was scheduled for February 17, 1988, the day after the crimes were committed. Black also sought $1,000 in attorney fees. Blacks attorney, Mary Bird, and Birds receptionist and office manager, Ruth Day, testified that on or about February 9, defendant delivered a letter to Bird, claiming that, contrary to the declaration supporting the TRO, he had a relationship with Black. He claimed to possess proof of this relationship, such as photographs of Black and defendant on dates, a garage door opener to Blacks house, and hotel and credit card receipts. On February 10, 1988, Bird prepared a notice in lieu of subpoena, requiring defendant to bring these items to court on February 17.
In the meantime, defendant visited Bighorn Sporting Goods and asked Frank Janik, the store manager, to see something with high-capacity fire power. Janik further testified that approximately one week later, on February 11, defendant returned to the store and purchased a Benelli riot configuration semiautomatic shotgun and ammunition. He paid by check, which later was returned for insufficient funds. According to Janik, defendant was very calm when he purchased the weapon. The same day, according to David Walker of Target Masters West, defendant rented a shooting lane at the shooting range, requested six silhouette or man-shaped targets, and purchased 13 boxes of shotgun and pistol ammunition. Walker further testified that the next day, defendant purchased 1,000 rounds of .357 magnum handgun ammunition, one box of nine-millimeter hollow-point handgun ammunition, and three boxes of .380 hollow-point handgun ammunition.
Approximately one week before the commission of the crimes, defendant spoke to Carolyn Gagnon, a secretary for Father Rewak, the president of Santa Clara University, where Black was enrolled. Gagnon testified that defendant provided his name, and insisted upon seeing Father Rewak. Gagnon told defendant that Father Rewak was not in, and asked him whether he wished to leave a message. Defendant declined, stating it did not matter anyway, because Father Rewak was always going to remember his name. Gagnon testified that defendant was cocky when he said this, and displayed a sarcastic smile.
Anthony Thurman of Homes Away From Home testified that on February 12, four days before the commission of the crimes, defendant visited the business and discussed renting a motor home. Defendant returned that afternoon to fill out rental forms. Catherine Mary Evangelista, the personnel supervisor for defendants employer, Covalent, testified that, also on February 12, defendant eliminated Black as a beneficiary of two life insurance policies, and made Mei Chang the sole beneficiary. Defendant was adamant the change had to be completed that day.
Chang testified that very shortly before defendant was arrested, she and defendant rented a storage locker in Changs name. Defendant and a friend, Jerome Kaercher, moved some of defendants belongings to a storage locker on either February 14 or 15. Kaercher testified that defendant seemed extremely happy. That same weekend, defendant moved belongings from the home of Lora Glaser, a former rental property that he had vacated in October 1987. Glaser testified that defendant seemed upbeat, busy, productive, like he was getting something done.
On February 15, defendant was seen by off-duty Santa Clara County Deputy Sheriff Larry Imas at the Santa Clara County public shooting range, where Imas was employed on a part-time basis. Imas testified that defendant asked to purchase .22-250 ammunition, but there was none in stock. The same day, defendant completed the paperwork for the motor home he had rented, and took possession of it. Thurman testified that defendant did not behave out of the ordinary on this last visit to Homes Away From Home. He also testified that defendants check for the rental subsequently was returned for insufficient funds. San Jose State University Professor John Avila, Jr., testified that on the evening of February 15, defendant told him that he was going to Southern California and would not be in class on Wednesday, February 17.
c. Events on February 16, 1988
On Tuesday February 16, 1988, at approximately 8:00 a.m., defendant entered the accounting department of Covalent and asked for his paycheck. Linda Emerson, the accounting manager, testified she told defendant the checks would be available at 10:00 a.m. When defendant was asked why he needed his check at 8:00 in the morning, he replied that he had to go buy a gun. Early in the afternoon, defendant visited the Santa Clara County public shooting range. Imas testified that he mentioned to the range owner and the supplier that defendant had been looking for .22-250 ammunition, and defendant showed them he had since acquired several boxes of the ammunition.[4]
At about 2:50 p.m., defendant arrived in the Coachman motor home at ESLs offices in Sunnyvale. He walked to ESLs two-story M-5 building with a shotgun in his hands, rifles strapped over his body, and approximately four bandoliers of ammunition strapped to his body. He shot and killed ESL employee Lawrence Kane in the parking lot. He then fired at Randell Hemingway, who safely ducked behind his car door. Defendant shattered glass in the Mardex security doors to
M-5 by firing one of his weapons. Inside the building, he shot and killed six persons and wounded four others, including Black. The precise sequence of events is unclear, but the evidence established that defendant generally walked slowly and deliberately through the building, shooting his victims at various locations in the facility. In addition to committing these assaults, defendant fired at computer equipment and parts of the building.[5]
The first report of the incident to a 911 operator was received at 2:53 p.m. At approximately 3:15 p.m., a man identifying himself as Richard Farley placed a call on an inside emergency telephone line. He told Robert Mancebo, an ESL security hardware repairperson, Im the one who has been wasting all these people. Mancebo testified that defendant also said he was calling to let us know why he was doing it, and that he wanted a recorder so there would be a permanent record. Defendant said he was doing it . . . because of Laura Black and because of her lawyer and what they were doing. Mancebo asked if defendant was going to kill anyone else, and he said no, he was just shooting up equipment. Defendant terminated the call, but placed a second call on ESLs emergency telephone line a few minutes later. He wanted to talk to the police, but no officers were in the security room at that time. Mancebo and defendant had one or two more separate telephone conversations. During the last call, Mancebo could think of nothing else to say, so he handed the telephone to ESL security officer Devin Matlock. Defendant told Matlock that he had told Black he would do something like this if her attorney obtained a restraining order. Defendant also said he had a high-powered rifle, and that Matlock should keep people 300 yards from the building. Matlock testified defendant did not sound depressed or agitated, but seemed as if he was anticipating that something interesting would be happening.
At approximately 3:20 p.m., facilities engineering manager John Kitching received a call on an ESL emergency telephone line from a man who identified himself as Rich. The caller said, Tell Mei Chang Im sorry. I just got Laura. He also said, Ive got plenty of ammunition. It will all be over at 5 oclock.
At approximately 3:30 p.m., Captain Albert Scott of the Sunnyvale Department of Public Safety spoke to defendant. Defendant seemed to him to be a little bit excited. When Scott asked defendant whether he had killed anyone, defendant said he had shot three or four individuals on the top floor but did not know how many were dead. Defendant also said that Black had gone too far and that he had done this to make a point. He said she had belittled him, and he was getting even. At one point, Scott asked whether defendant would surrender his guns and come down, and defendant said, No, Im not ready yet. I want to gloat a little bit.
At approximately 3:35 p.m., a caller who identified himself as Rich told ESL telephone installer Robert Costanzo, who was assisting in answering the telephones, that he had an assault rifle, a shotgun, and some handguns, and enough ammunition if he fired continuously to last for two hours. According to Costanzo, the caller was very clear and calm.
During one of defendants telephone conversations on the afternoon of February 16, Linda Walden, defendants longtime friend and former landlady, who also worked at ESL, was hiding under the desk at which defendant was standing. Defendant pulled out the chair, and said, Oh, theres someone here. You can come out now. Oh, its Linda. When she emerged, he calmly told her she could leave. Christine Hansen, who was hiding nearby, assumed it was the police evacuating the building. She left her hiding place and encountered defendant. She asked, Can I go, too? Defendant said, Yes, you can go. Hansen testified that defendants tone was regular, and he was not angry or crying.
Lieutenant Ruben Grijalva of the Sunnyvale Department of Public Safety, an expert in hostage negotiations, negotiated by telephone with defendant from approximately 3:30 p.m. until he agreed to surrender at approximately 8:30 p.m. Defendant terminated the telephone communication with Grijalva several times to prevent the police from tracing the call. The initial portion of the negotiations was not recorded, but Grijalva took notes. According to Grijalva, in the initial conversations defendant was quite excited, but his voice was not incoherent or slurred. After approximately 30 to 45 minutes, his demeanor was much more calm, much more deliberate . . . .
Defendant asked Grijalva to tell Black that her attorney and Bob Peterson had given her bad advice, and that he was sorry that they werent there, too. Defendant told Grijalva that he was due to appear in court the next day, that Black had filed a lawsuit against him, and that all he wanted to do was date her. According to defendant, Had she gone out with him one time, none of this would have happened. He said he had gone to the second floor and shot Black, and he wanted her to live and to remember what had occurred. He said he knew what he had done was wrong and that he had to die because of it. He constantly spoke of killing himself, or having the police kill him, but expressed fear the police only would wound him, and he didnt want to suffer.
Grijalva testified defendant indicated that he was real good with guns and had several pistols and a high powered rifle and a shotgun with him. When defendant mentioned target shooting, Grijalva inquired whether he was interested in hunting. Defendant replied, Id rather kill people than animals. Its not sporting to shoot animals. When Grijalva asked how many individuals had been shot, defendant said there were three or four lying around the first floor and that everybody on the second floor was dead. Defendant said he was not crazy and that he knew what he had done but he had to do it, he had to make a point. He told Grijalva that he almost changed his mind when he arrived at the parking lot, but that it had to be done and he didnt want Laura Black to think that he was a wimp. He told Grijalva he had thought about doing this when he first received a notice to appear in court.
Defendant asked Grijalva to tell his mother and father he was sorry. He stated he was not sorry he had shot these victims; the only thing he was sorry about was shooting Black, because he wanted her to live and remember what had happened. He also was sorry that Chuck (Lindauer), who had terminated defendants employment, was not there.
Defendant told Grijalva that he did not plan to leave ESL alive, and had changed the beneficiary on his life insurance from Black to Mei Chang. Defendant said he had rented the motor home with a bad check and thought that was kind of funny. He also told Grijalva that he had brought approximately 1,000 rounds of ammunition and gasoline in the motor home to blow up ESL, but that when he arrived, he could not carry everything.
At approximately 4:30 p.m., defendant agreed to allow officers to enter the first floor of building M-5 to rescue injured individuals. At some point thereafter, Grijalvas negotiating team obtained a tape recorder and recorded the remainder of the negotiations until defendant surrendered. This recording was played for the jury. Defendant declared, [T]heres no more reason to harm anybody. Ive run out of enthusiasm for things really. Defendant stated that he shot up a lot of terminals; I guess its better than shooting people, . . . cause it punishes ESL at the same time. . . . I need to get back at somebody, basically.
Defendant said that he told Peterson he would just cause a lot of trouble . . . and cause Laura to do things . . . she would regret; and this kind of stuff cause I tried telling her that, you know, I wouldnt take this. She got me fired and, . . . I wasnt going to let her do anything more to me, really. Defendant told Grijalva, I never really wanted to hurt her. I just wanted her to know that I was serious and, as I say, if we just couldve talked, and we hadnt got this court thing and she didnt try to sue me for $1,000 and then this last letter, you know, that says bring all this stuff: it was just the final straw; I just had it.
Grijalva inquired, So when you got up today, did you decide today that you wanted to hurt her? Defendant responded, I didnt decide that I wanted to hurt her until I got that letter in the mail that said, you know, now youre going to bring this evidence and now were really going to, you know I took it as a real threat, where I was [in] real serious trouble now. So until 10 oclock this . . . morning time, I really hadnt given any thought to hurting her.
Grijalva asked, When you came down here this afternoon, . . . did you have anybody in mind that you wanted to shoot or just because they were a threat to you? Defendant said, They were a threat to me; I wanted to destroy a lot of equipment at ESL. . . . I came down to destroy, do as much damage to ESL equipment as I could. Grijalva asked, And you didnt intend or plan on shooting any persons? Defendant said, Yeah, some people popped out from around corners and stuff like that, um, and I just shot. Grijalva continued, Was there anything in particular that you wanted to destroy here at ESL? Defendant responded, No, I just want Laura to know I was serious. . . . I wanted to do as much damage to their computer equipment and just cause them a lot of money loss. He later noted, Im tired of shooting equipment and Im tired of shooting terminals. They just explode, spread glass on me. Its not any fun anymore.
TO BE CONTINUED AS PART II.
Publication Courtesy of San Diego County Legal Resource Directory.
Analysis and review provided by San Diego County Property line attorney.
San Diego Case Information provided by www.fearnotlaw.com
[1] All further undesignated statutory references are to the Penal Code.
[2] In October 1987, defendant began working at Covalent Systems (Covalent).
[3] Hirst left his employment at ESL on January 8, 1988. On February 16, 1988, the day the crimes were committed, his office was occupied by homicide victim Wayne Williams, whose body was found inside the office. Williams shared the office with homicide victim Kane.
[4] According to Janik, on or shortly before February 16, defendant visited Bighorn Sporting Goods for a third time and purchased more ammunition for a shotgun and a rifle.
[5] ESL was paid $1,600,000 on its insurance claim, which included, among various items, equipment damage of $336,790, physical plant damage of $68,355, and associated internal costs to ESL of $40,929.
