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People v. Clavano9/8/2005
g a dark blue sweater and black pants. The other man was about five feet five inches tall and weighed approximately 160 to 170 pounds. He was wearing a black sweater, black "Dickie-style" pants, and white and black tennis shoes. The shooter jumped back over the fence and ran toward the apartments at 210 North Beechwood, where defendants lived.
On May 19, Officer Dean Hardin approached Amando outside his and Oliver's apartment, where the brothers were working on Amando's Ford Escort. Officer Hardin ordered Amando at gunpoint to get on the ground, and Amando complied. After Amando was handcuffed, officers found he had a .357 magnum Smith & Wesson handgun tucked into his waistband. The gun was wrapped in a black and white bandana.
Kerri Heward, a criminologist, testified concerning the results of tests conducted on the gun and on bullet fragments recovered from Townsend's body and the crime scene. The bullet fragments and the bullets found in the gun in Amando's possession were hollow or soft point bullets. Heward concluded that bullet fragments "probably" had been fired from the gun, because the markings on the fragments were consistent with markings on bullets test fired from the gun. But the fragments were too badly damaged for Heward to be 100 percent certain that the gun was the one used in the shooting.
During a search of defendants' apartment, officers found a black and white plaid jacket, black men's shorts, a black work jacket with the name "Bill" on it, and a pair of black and white tennis shoes. An insurance card with Amando's name on it was recovered from the Escort. No tests were conducted to determine whether there was gunshot residue on either of the defendants or on the clothing found at their apartment. The gun was tested for fingerprints and none were found.
After his arrest, Amando spoke with Detective Loveless after waiving his Miranda rights. Amando said he got the .357 magnum handgun on the street and carried it for protection. He admitted he was the owner of the Escort, and said he and his brother were installing a new stereo system in the car when they were arrested.
Oliver also spoke with Detective Loveless after his arrest. Detective Loveless testified that Oliver said he knew Townsend and that Townsend had been to his apartment four or five times. A week or two earlier, Townsend asked Oliver whether he could borrow Amando's Escort. Townsend never returned the Escort. Thereafter, Oliver went to look for the car with a person whose name he did not know. He found the Escort, with the stereo and some personal items missing. Oliver said he was angry about the incident, that Townsend had "burned" him, and if he could catch up to him he would " eat his ass, put him in the hospital." Oliver denied being involved in the shooting, however.
Christinna Reyes was a former girlfriend of Townsend. She recalled that a month or two before the shooting, she helped a man she did not know find his brother's Escort, which she was told had been taken. She had never met the man before, could not identify him, and could not remember his name. She and the man drove around the San Bernardino area for a couple of hours and found the Escort outside an apartment complex. The stereo system and some personal effects were missing. Townsend later told Reyes that he had borrowed the Escort from two brothers and did not return it. He also said he had removed the stereo system and sold it.
THE JURY'S INITIAL DEADLOCK AND DEFENDANTS' POSTTRIAL MOTIONS
Jury selection began on the afternoon of October 22, 2003, and concluded the next day. The trial proceeded on October 27 through 29. On October 30, the trial was recessed un
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