P. v. Rodgers CA3
Kerry Burns, the murder victim, recruited defendant Victor Bernard Rodgers to participate in a bank fraud scheme. After defendant did not receive any money from the scheme, but learned the bank was investigating his account for fraud, he retaliated against Burns by shooting and killing him. The jury found defendant guilty of first degree murder and found true the firearm enhancement. (Pen. Code, §§ 187, subd. (a), 12022.53, subd. (d).) The trial court sentenced defendant to 50 years to life in prison.
On appeal, defendant contends the trial court erred in excluding evidence of third party culpability relating to defendant’s fellow fraudster Cerwilliam Pryor (also known as Man-Man). Specifically, defendant contends it was error to exclude statements made by the victim and his wife that suggested Pryor was present at the scene near the time of the killing; he also contends error in excluding evidence of Pryor’s false alibi and anger at Burns to show consciousness of guilt an
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