People v. Hawthorne12/3/1992
SUPREME COURT OF CALIFORNIA
No. S004707, Crim. No. 25218
1992.CA.40129 ; 4 Cal. 4th 43; 841 P.2d 118; 14 Cal. Rptr. 2d 133
Decided: December 3, 1992.
THE PEOPLE PLAINTIFF AND RESPONDENT,
v.
ANDERSON HAWTHORNE, JR., DEFENDANT AND APPELLANT.
Superior Court of Los Angeles County, No. A386104, Ronald S. W. Lew, Judge.
Fern M. Laethem, State Public Defender, under appointment by the Supreme Court, Therene Powell and Sandra L. Goldsmith, Deputy State Public Defenders, for Defendant and Appellant.
John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Steve White, Richard B. Iglehart and George Williamson, Chief Assistant Attorneys General, Edward T. Fogel, Jr., Assistant Attorney General, John R. Gorey, William T. Harter, Susan D. Martynec, Susan Lee Frierson and Robert S. Henry, Deputy Attorneys General for Plaintiff and Respondent.
Opinion by Arabian, J., expressing the unanimous view of the court.
Arabian
INTRODUCTION
A jury found Anderson Hawthorne, Jr., guilty of the first degree murders of Kirt Thomas and Jimmy Lee Mamon (Pen. Code, § 187) and found true the special circumstance allegation of multiple murder (§ 190.2, subd. (a)(3)). The jury further adJudged defendant guilty of the attempted murders of Craig Russell, Robert Lee Sally, and Shedrick Evans, also finding true allegations he inflicted great bodily injury on Russell (§ 12022.7) and used a firearm in the commission of each offense (§ 12022.5). A penalty verdict of death was returned. Thereafter, the trial court denied defendant's motions for a new trial (§ 1181) and for modification of the verdict (§ 190.4, subd. (e)). This appeal is automatic (§ 1239, subd. (b)). We affirm the judgment in its entirety.
I. FACTS
A. GUILT PHASE.
The evidence adduced at trial suggests the crimes were precipitated by some underlying but unspecified gang hostility. On the evening of December 18, 1982, five or six young men, including the murder victims, were engaged in a crap game in the parking lot behind the Family Arcade on San Pedro Street in Los Angeles. About 6 p.m., Frederick Boone, son of the arcade proprietor, went to break up the game. As he walked back inside the establishment, he heard five shots from the direction of the parking lot. Upon returning, he saw Kirt Thomas holding his stomach and Jimmy Mamon lying on the ground apparently unconscious. Boone grabbed a rifle and chased the assailant over the wall between the parking lot and a back alley, where the gunman jumped into a car waiting with its door open. Boone could not identify defendant as the shooter, but selected him in a physical lineup as the person who had brandished a chrome .38-caliber revolver at Boone and several others, including Robert Sally, three weeks earlier in front of the Family Arcade. Defendant had displayed the weapon after Sally said, "What's up, Cuz?," connoting he was a Crips gang member. Defendant responded, "This is Blood," apparently referring to his membership in the
rival Blood gang and suggesting an intent to engage in some confrontational activity.
Also about 6 p.m. the evening of the shootings, Ivory Corothers was walking down the alley toward the Family Arcade. He was acquainted with Boone and some of the victims and familiar with the area. As he started to open a gate leading from the al
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