PEOPLE v.
Filed 8/12/10
IN THE SUPREME COURT OF
THE PEOPLE, )
)
Plaintiff and Respondent, )
) S081148
v. )
)
MARTIN CARL JENNINGS, )
) San Bernardino County
Defendant and Appellant. ) Super. Ct. No. FVI-04195
__________________________________ )
A San Bernardino County jury found defendant Martin Carl Jennings
guilty of the first degree murder of his five-year-old son, Arthur
Jennings. (Pen. Code, § 187.)[1] The
jury further found true the special circumstance that the murder was intentional
and involved the infliction of torture
(§ 190.2, subd (a)(18)), but found not true the special circumstance that
defendant intentionally killed Arthur by the administration of poison
(§ 190.2, subd. (a)(19)). Following
the penalty phase of the trial, the jury returned a verdict of death. After denying defendant's motion for a new
trial and his application for modification of the judgment (§ 190.4, subd.
(e)), the trial court sentenced defendant to death. This appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment in its entirety.
I.
FACTS
A. Guilt Phase Evidence
1. The prosecution's case
a)
The
torture and murder of Arthur Jennings
Defendant was tried together with his wife,
Michelle Jennings.[2]
Defendant and Michelle had been together since Michelle ran away from
home in 1989, when she was 14 years of age and defendant was 29. Arthur Jennings was born prematurely to
defendant and Michelle on November 16, 1990.
Shortly after Arthur's birth, defendant and Michelle placed Arthur in
the care of defendant's mother, who soon thereafter became terminally ill. Subsequently, defendant's half sister, Wilma
S., who resided in Montana, began caring for Arthur when he was four months old. Although Arthur had several medical problems
when he was born, most seemed resolved by the time he was five years of
age.
In early November 1995, defendant telephoned
Wilma to tell her that he wanted Arthur back.
He informed Wilma that the couple had a newborn daughter, Pearl, that he
had obtained employment, that the family had moved into a trailer near Apple
Valley adjacent to the Mojave Desert, and that he and Michelle were prepared to
raise the children together.
Defendant paid for Wilma and Arthur to travel
by bus from Montana to California.
During Wilma's 10-day visit, she warned defendant that Arthur wet the
bed, was afraid of the dark, and could be difficult when he did not get his
way. Wilma additionally told defendant
and Michelle that she would take Arthur back if he proved to be too much of a
problem, but she never heard from them again.
When Wilma left to return to Montana, Arthur weighed approximately 64
pounds. He was happy and in good
health. Within a few weeks, however,
defendant and Michelle began to abuse Arthur.
During late 1995 and early 1996, a number of neighbors noticed signs of
abuse.
Approximately two weeks before Christmas in
1995, Phillip and Kevin Orand visited the Jenningses' home. Phillip saw Arthur with two black eyes and a
mark on his mouth. Arthur was making an
odd sound, rocking back and forth but staring straight ahead. When Phillip inquired what was wrong with
Arthur, defendant said Michelle had â€
| Description | A San Bernardino County jury found defendant Martin Carl Jennings guilty of the first degree murder of his five-year-old son, Arthur Jennings. (Pen. Code, § 187.)[1] The jury further found true the special circumstance that the murder was intentional and involved the infliction of torture (§ 190.2, subd (a)(18)), but found not true the special circumstance that defendant intentionally killed Arthur by the administration of poison (§ 190.2, subd. (a)(19)). Following the penalty phase of the trial, the jury returned a verdict of death. After denying defendant's motion for a new trial and his application for modification of the judgment (§ 190.4, subd. (e)), the trial court sentenced defendant to death. This appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment in its entirety. |
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