THE PEOPLE v. GREGORY SPIROS DEMETRULIAS
Filed 7/10/06
IN THE SUPREME COURT OF CALIFORNIA
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v. )
GREGORY SPIROS DEMETRULIAS, ) Super. Ct. No. CR40220
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Gregory Spiros Demetrulias was convicted and sentenced to death for murdering Robert Miller in the commission of a robbery or attempted robbery against Miller. On his automatic appeal, we affirm the judgment in its entirety.
Factual and Procedural Background
Defendant fatally stabbed Miller in Miller's room on the evening of January 10, 1989. The prosecution maintained he did so while robbing Miller. Defendant at trial admitted killing Miller, but claimed he did so in a struggle Miller initiated when defendant came to collect money Miller owed him.
Guilt Phase Evidence
Prosecution
The victim, Robert Miller, 56, lived in a second floor room at the Mar Mac Manor, a boarding house in Riverside. On January 10, 1989, around 6:45 p.m., he had dinner at the Yum Yum Restaurant, where he was a regular customer. When he paid for his meal, he took from his pocket what, to the cashier, appeared to be several hundred dollars in cash. Bank records showed he had withdrawn $480 in the preceding week and on January 17, 1989, had an account balance of $1,151.
Defendant, then 35 years old, was living with his parents in Riverside. According to the parents, on the day of the crimes defendant drank a large amount of beer, may have been taking prescription drugs, and displayed an angry or hostile attitude. That evening, defendant's mother, at his request, drove him to the Round Up Bar, not far from the Mar Mac Manor. She also gave him $30 or $40. Defendant had been going to the Round Up Bar regularly over the previous month or so, as had the victim, Robert Miller. Defendant got to the Round Up Bar around 7:30 p.m. His speech slightly slurred, he ordered a beer and drank about half. He then slammed his drink on the bar, acting very upset. The bartender asked him to leave; after finishing the beer, defendant did so, stating he was going to get a beer at the Stop-and-Go convenience store next door. Through the bar window, a witness in the bar saw defendant walk back and forth between the bar parking lot and the Stop-and-Go several times over the course of the next hour and a half, drinking. About 9:30 p.m., he walked away.
Robert Hanshaw, a second floor Mar Mac Manor resident like Robert Miller, testified that just before 10:00 p.m. on January 10, 1989, he was awakened by someone running up the stairs. Hanshaw heard someone say, â€
