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People v. Mayfield1/2/1997
that the robber had no facial hair (whereas defendant had a mustache and goatee). Fister testified that he was shown a photo lineup after the offense, and it was stipulated that he selected the photograph of a person other than defendant. When shown the knife found at the service station where Sergeant Wolfley was killed, Fister testified that its blade was "a little bit broader" than the knife used in the robbery.
The parties stipulated that defendant's fingerprints were not found at the 7-Eleven robbery site or on the knife found at the service station where Sergeant Wolfley was killed.
Defendant did not testify in his own behalf at the penalty phase. The defense presented the testimony of Sandra Brewer (defendant's mother), Donna Brewer (defendant's sister), Gregory Snowden (defendant's cousin and an officer in the California Highway Patrol), and Judith Snowden (defendant's aunt). Each of these witnesses testified to a close and loving relationship with defendant, each affirmed that the relationship would be maintained if defendant were sentenced to life in prison without possibility of parole, and each expressed the hope that the jury would spare defendant's life. They gave the following account of defendant's life history and character.
Defendant's parents were never married. Defendant's birth was difficult. Defendant was born with a heart murmur and congenital heart problems. When defendant was approximately one year old, he developed a fever of 106 degrees and was taken to the hospital, where he was packed in ice. A fever this high may result in brain damage. Defendant's mother began living with Spencer Brewer, whom she married when defendant was about two years old. The family moved to Pasadena where defendant grew up believing he was Spencer Brewer's child and having no contact with Roy Mayfield, his father.
Spencer Brewer disciplined defendant for normal childhood behavior very harshly, hitting him in the chest with his fist and beating and whipping him with a belt. On several occasions, Judith Snowden, who was like a second mother to defendant, observed welts and bleeding on defendant's back and legs and knots on his head. The physical abuse stopped when defendant was about seven years old. Spencer Brewer also verbally abused defendant, telling him he was "stupid" and referring to him as a "nigger" and other abusive terms. Spencer Brewer abused defendant's mother and older brother as well.
Thomas Hester, defendant's uncle, was killed by a drunk driver when defendant was seven years old. Thomas Hester had been a significant person in defendant's life. Defendant idolized him because of his athletic ability. He had broken many records running track in high school, and at the time of his death he was a member of the track team at Arizona State University and had qualified for the United States Olympic team. When Hester was killed, defendant "took it hard"; he was angry with God because he thought that God had killed Hester.
As a child, defendant participated in Cub Scouts and baseball, and he was a loving son. When defendant was about 13 or 14 years old, Roy Mayfield sent a message that he wanted to establish contact with defendant. Defendant was then told he was not Spencer Brewer's son, but Roy Mayfield's. At first defendant was confused, but when he learned that Roy Mayfield had played football at San Bernardino Valley College, defendant began to idolize Roy Mayfield, even though Roy Mayfield had provided no support for him and even though defendant knew little about him. He began to have visits with Roy Mayfield.
In high school, defendant played football and ran track. He also had a series of part-time jobs. When de
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