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People v. Mayfield1/2/1997
led. The court stated that the station's owner should be able to provide that information.
The matter was discussed again later that day. The court and counsel agreed on the order in which the various places would be viewed and where the jurors would be positioned during the proposed demonstration firings of Sergeant Wolfley's gun. The court overruled a defense objection to the test firings insofar as they involved muzzle flashes rather than merely the sound of gunfire. Addressing defendant directly, the court assured him that he was "entitled to be present outside there with us" and described the arrangements that would be made if defendant decided to attend the jury view. Defendant affirmed that he intended to waive his presence. The court told him he would have until noon on the day of the jury view to change his mind.
On the day of the jury view, after the jury was excused for the noon recess, the court and counsel again discussed details of the proposed gunfire demonstration. The court stated: "Mr. Mayfield, I told you before that you have a right to be with us on our trip here with the bus, look at all the places where it's been testified to. Your attorney, Mr. Bristoll, has told me before that you did not want to go. Is that still your feeling, sir?" Defendant answered, "Yes." DEFENSE COUNSEL STATED: "I have conferred with Mr. Mayfield about his right to go to the scene. We have discussed as a matter of trial tactic reasons pro and con for his not being there. And we have decided that, mutually decided, that in terms of our position in this case that it would be best if he were not present during the jury's visit to the scene."
The jury view was held that evening, beginning at 5:00 p.m. and concluding at 10:10 p.m., with a dinner break from 6:00 p.m. to 8:05 p.m. During the jury view, testimony was taken from the owner of the service station and from officers participating in the gunfire demonstrations.
2. Defendant's Absence
Defendant contends that both the federal and the state Constitutions (U.S. Const., 6th Amend. [confrontation clause]; id., 14th Amend. [due process clause]; Cal. Const., art. I, § 15) confer on criminal defendants a right to be present at critical stages of a capital trial; that a jury view of the crime scene, at least when accompanied by the taking of testimony, is such a critical stage; and that the right of presence is of such fundamental importance that the defendant lacks power to waive the right.
This court has repeatedly rejected the third component of defendant's contention, that a criminal defendant may not waive the right of presence at a critical stage of a capital trial. (See, e.g., People v. Price (1991) 1 Cal. 4th 324, 405 [3 Cal. Rptr. 2d 106, 821 P.2d 610]; People v. Breaux (1991) 1 Cal. 4th 281, 307 [3 Cal. Rptr. 2d 81, 821 P.2d 585]; People v. Medina (1990) 51 Cal. 3d 870, 903 [274 Cal. Rptr. 849, 799 P.2d 1282].) We decline defendant's invitation that we reconsider our Conclusion on this issue. Here, the record demonstrates that defendant, in open court and on the record, made a voluntary and intelligent waiver of presence at the jury view. Therefore, holding the jury view in defendant's absence did not violate defendant's right of personal presence under the state or federal Constitution.
Defendant argues that his waiver was invalid and ineffective because he was not advised, before making the waiver, that testimony would be taken and demonstrations conducted during the jury view. The record belies the factual assertion on which this argument is based. It shows that defendant was present during the extensive Discussions between the court and counsel about the plans for the jury v
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