cemeteries found within miles of your location will be saved to your photo volunteer list. Under the circumstances of this case, however, there is no significant danger that the jury would impute Norris's admitted guilt to defendant. Rptr. Defendant held Schaefer while Norris tried to strangle her, but when he changed his grip Schaefer and defendant fell over backwards. Lynettes autopsy revealed blunt force trauma to the head, face, and breasts, and her left elbow was completely shattered. Defendant had mailed the photograph in evidence to Richard Shoopman, an inmate friend. The judge said, "The case law that guides this court dictates, and I make the ruling, that only certain questions, specific questions, be asked of the jurors having to do with their attitude in regard to the death penalty. In determining whether the defendant has made such a showing, trial judges may "bring to bear on this question their powers of observation, their understanding of trial techniques, and their broad judicial experience." It's not a question of whether you like the death penalty or you don't like it or you're in favor of it or you're opposed to it. Norris had been convicted of rape. Translation on Find a Grave is an ongoing project. 833, 502 P.2d 1305, 57 A.L.R.3d 155], relied on Teale, supra, 70 Cal. App. In fact defendant helped throughout the search, pointing out photographs in a box, and opening his combination safe for the officers. Your account has been locked for 30 minutes due to too many failed sign in attempts. Lynette was abducted, assaulted and killed by two male subjects. 3d 1085], Both cases permit the court to excuse a juror when that juror has given an unequivocally disqualifying answer. We have also noted the possible invalidity of one witness-killing and four torture-murder special circumstances. omitted.). Since the erroneous denial of a challenge for cause compels the defense to use a peremptory challenge, a similar analysis applies to denial of a challenge for cause. Upon their return, defendant took additional nude photographs of Gilliam. App. She was also hit with a sledgehammer and her genitals and rectum were viciously torn with pliers, which is how Bittaker and Norris earned the nickname of the Tool Box Killers. After holding Shirley Ledford in the van for nearly two hours, Norris ultimately killed Shirley by strangling her with a coat hanger. After two hours of torture toward the end of which Lynette was begging them to just kill her. 861, 635 P.2d 455].) Any process which can yield a conclusion that aggravating considerations prevail by 50.1 percent to 49.9 percentage is clearly not the kind of qualitative moral assessment required by our decisions. The body had extensive bruising and tearing on the breasts, The tape has never been released to the public. 1 Defendant then attempted to strangle Schaefer, but was unable to squeeze tightly enough. Shortly after beginning his argument, he asked the jury: "What penalty has Lawrence Sigmond Bittaker earned in this case? The provision in the agreement providing for judicial review to determine whether the district attorney abused his discretion is troubling. [2] A "Ramey" arrest warrant is issued by a magistrate upon the filing of an affidavit form entitled "Probable Cause Complaint in Support of Felony Arrest Warrant." But this reasoning is inconsistent with section 1076, which provides that if a juror has an opinion based upon public journals, he is qualified only if he affirmatively declares that he can and will act impartially. He was eligible for parole in 2010, but he died in prison on February 24 of this year, age 72. It is unclear exactly what the "additional evidence" was, but the implication is that it was evidence other than that resulting from the various scientific tests conducted on the car itself. Rptr. 82]; People v. Richardson (1960) 182 Cal. Then, towards the middle the sounds are of Bittaker beating her about the chest with his fists and tormenting the screaming and pleading girl with vise grip pliers on her genitals, breasts and nipples. She recalled that the case involved people being picked up and raped in a van, and also that pictures were taken of the people who were killed. Defense counsel sought to impeach her by evidence that she had made false charges of sexual molestation against two other men. 3d 915, 959-960 [248 Cal. 1, 609 P.2d 468].). 2. What a horrible story. Explorer Hitta liknande podcasts. 546.). This page may contain sensitive or adult content that's not for everyone. FN 31. 3d 1, 71-75 [168 Cal. 2d 497, to uphold the seizure of magazines and paraphernalia and a loaded revolver from a van belonging to the defendant, who was accused of molesting children and photographing them in his van. He objects to the finding that Lamp was intentionally killed because she was a witness to a crime. 11 After Norris was arrested by the Hermosa Beach police, Sergeant Bynum directed the police dispatcher to request the Burbank police to arrest defendant on the warrant which Sergeant Bynum held. They then threw the body into the bushes. 4 Dryburgh further testified that defendant told him of kidnapping and killing two girls on one occasion, but incorrectly identified Schaefer as one of the two. However, in North v. Superior Court, supra, 8 Cal. Rptr. The warning of the prosecution injected a false and foreign weight in the scale of the rendition of a delicate, crucial decision." Defendant's motion to suppress the seized evidence under Penal Code section 1538.5 was denied by the trial court. 3d 1077] to determine the van's "evidentiary value" as is permitted by the Teale (supra, 70 Cal.2d 497) line of cases. ( 1538.5, subd. He described defendant's lengthy criminal career dating from adolescence, but noted that [48 Cal. Defendant claims this argument is improper under People v. Boyd (1985) 38 Cal. 3d 749 [251 Cal. You already receive all suggested Justia Opinion Summary Newsletters. 359, 365-366 [28 P. 261], so holds. The friend notified the authorities, and both monsters were arrested on November 20, 1979. 637, 709 P.2d 440]. 3d 36, 67.) The trial court continued the hearing until the following Monday when defendant could be present. FN 8. The prosecution may not comment upon a defendant's failure to call a witness if the defendant has a privilege to bar disclosure of that witness's testimony. 3d 629 [221 Cal. We note also that considerable time elapsed between the date of the motion and Douglas's actual testimony, during which defendant could have investigated Douglas. Photos larger than 8Mb will be reduced. Code, 913; see People v. Wilkes (1955) 44 Cal. 2d 356 [78 Cal. Juror Thompson had studied psychology and, on voir dire, said, "I really feel that I would try to be an amateur psychologist, psychiatrist, if I was in this case, in due fairness." Bittaker, however, had pleaded not guilty. Sign up for our free summaries and get the latest delivered directly to you. Since 1978, when California reinstated capital punishment, 82 condemned inmates have died from natural causes, 27 have committed suicide, 13 have been executed in California, one was executed in Missouri, one was executed in Virginia, 14 have died from other causes and four including Bittaker are pending a cause of death. fn. The defense presented psychiatric evidence that defendant may have been in an altered state of consciousness at the time of the assault; the prosecution presented contrary expert evidence in rebuttal. Warning Sensitive Content: Click here to read the Transcript of Shirley Lynette Ledford audio recording. [25] It is clear that defendant's motion was untimely. All of these items were admitted into evidence except for the tapes other than the Ledford tape. Under this language, it is clear that if a jury actually found a 50.1 to 49.9 percent balance in favor of aggravation, it could properly refuse to impose a [48 Cal. Which memorial do you think is a duplicate of Shirley Ledford (6681995)? 2d 497 [75 Cal. One older case, People v. Freeman (1891) 92 Cal. But when defendant appeared at the window, an announcement of purpose before arresting him would have been hazardous. He claimed, however, that his purpose was not to kidnap Malin, but to test the effectiveness of Mace as a defensive weapon. In People v. Crowe (1973) 8 Cal. Rptr. In People v. Tubby (1949) 34 Cal. 3d 865 [183 Cal. 3d 539. 5 In explanation, defendant said that the book was part fact, based on what he had been told by Norris, and part fiction. Norris said the look of shock and fear on the victim's face particularly aroused him. (b) Tapes, photographs, and other physical evidence. Defendant set out to rape Gilliam. The trial court denied defendant's objection as untimely. Defendant now renews his claim that the court erred in denying the challenges for cause to five jurors. Shown a picture of Lucinda Schaefer, Dryburgh said she was one of the girls in the photographs he had seen. (d) Consistency to preclude reversal on appeal. Use Escape keyboard button or the Close button to close the carousel. 780, 633 P.2d 976].) The body had extensive bruising and tearing on the breasts, bruises on the genitals, and bruises on one elbow. Expressing his frustration at being unable to question the juror, counsel challenged for cause, but the court denied the challenge. (e) The murder of Shirley Ledford. Its ruling is not an abuse of discretion. (See Walter v. United States (1980) 447 U.S. 649 [65 L. Ed. FN 30. Defendant claims such instructions are incomplete because they omit the purpose of the torture. The victim identified defendant and described the car. Resend Activation Email, Please check the I'm not a robot checkbox, If you want to be a Photo Volunteer you must enter a ZIP Code or select your location on the map. But when the context does not suggest appellate correction of an erroneous death verdict, the danger that a jury will feel a lesser sense of responsibility for its verdict is minimal. The sought imposition of the death penalty thus rests upon the unproven and illegitimate assumption that it acts as a deterrent to the described 'potential killers'. For the same reason, we cannot determine whether it is reasonably probable that a result more favorable to defendant would have resulted from a timely objection. In the absence of any reference to parole, pardon, commutation, or the like, we do not think the prosecutor's comment can be considered misconduct. In Ketchel (which was tried before Witherspoon v. Illinois (1968) 391 U.S. 510 [20 L. Ed. A system error has occurred. In the trial court defendant objected to the admission of evidence seized in these searches on the ground that the warrant was based on an affidavit containing reference to the contents of the Ledford tape, which was allegedly illegally seized. ", FN 10. 3d 749, 770-771.) 3d 526 [179 Cal. Finally, defendant testified that Shirley Ledford agreed to sexual acts for money, and to making of a tape. After raping a woman in Colorado, Norris returned to California and called defendant. 794, 710 P.2d 861], endorsed the Wiley definition of murder by torture, and relied upon it to cure deficiencies in the instructions on torture-murder special circumstances. He started to say "that's the type of question that you " but the judge interrupted and sustained the objection. But the further implication that Norris had no history of violent rape probably could not have been cured without informing the jury that Norris had such a history. Relying on the descriptions by Norris and other witnesses, a police artist reconstructed some of the photographs. medianet_height = "250"; Rptr. Errors involving additional special circumstances, while they may prejudicially affect the penalty trial, do not undermine the verdict at the close of the guilt phase of the trial. [14a] Concerned about the implications of our discussion in Hovey v. Superior Court (1980) 28 Cal. All photos uploaded successfully, click on the Done button to see the photos in the gallery. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Hello Kitty Murder Case The most disturbing Hello Kitty Murder Case came to light when medianet_width = "300"; Defendant not only demonstrates, but glories in his readiness to commit murder, rape, and torture. (Id., at p. 305, italics added.) [4b] It is undisputed that Officer Valento technically complied with the knock requirement. The final victim was Shirley Lynette Ledford, who was taken on Halloween 1979. Defendant took Hall into some bushes by the road while Norris drove the van, searching unsuccessfully for the intruder. This account has been disabled. It is apparent, however, that defendant was not prejudiced under any applicable standard of prejudice, for while defendant disputes how many victims were tortured, it is undisputed that whatever torture was inflicted was done for a "sadistic purpose. Under these circumstances, it is most unlikely that the jury would have been led by the prosecutor's explanation of the decisionmaking process to refrain from considering whether defendant's conduct warranted the death penalty, and induced instead to engage in a dispassionate analysis of the statutory factors to confirm that the aggravating predominate by at least 50.1 to 49.9 percent. Defendant was charged with conspiracy to kidnap women, however, [48 Cal. There is no evidence that any victim went voluntarily to the place of her death, and only then was restrained against her will. Neither can we determine whether the prosecutor, at the time he asked the question, intended to prove the fact at issue. We do not believe they can be altered by contract so as to limit the court to reviewing the district attorney's discretionary finding as to whether Norris told the truth. Rptr. North v. Superior Court (1972) 8 Cal. The prosecutor said that defendant "would never be rehabilitated. 31 But since any prejudice from the prosecutor's comment could have been cured by a timely objection and admonition, defense counsel's failure to object thus bars consideration of this issue. Rptr. Rptr. Defendant certainly had a right to attempt to show that Norris and Jackson had committed some of the crimes of which he was charged. Our recent opinion in People v. Ford (1988) 45 Cal. The prosecutor properly emphasized such facts to show that defendant deserved the death penalty. 569, 373 P.2d 617, 3 A.L.R.3d 946].) FN 3. In light of the overwhelming evidence of defendant's guilt, we find no reasonable probability [48 Cal. 2d 231, 105 S. Ct. 2633] or People v. Brown (1985) 40 Cal. Even if the court had already reached a tentative decision, it could have reconsidered on the basis of any new information presented. The district attorney objected. The court replied, " that's true. He agreed to pay her $500 a day. We have already examined the penalty phase errors, and concluded that each was not prejudicial. Lamp recovered consciousness and attempted to escape, but defendant caught her and forced her back into the van. 2d 536, 555 [58 Cal. 19.) Nothing has made me react like this before. 364.) The two then opted to dump her body on a random lawn in the Sunland neighborhood, because they wanted to see the press reaction to its discovery. But although we thus conclude that the prosecutor's comment was improper, since it does not come within the scope of Caldwell, supra, 472 U.S. 320, defense counsel's failure to object is fatal to his contention. The trial judge had excluded evidence of this event because of the difficulty in explaining MDSO classification and procedure to the jury. fn. Our most recent decision to discuss limitation on voir dire was People v. Fuentes (1985) 40 Cal. If you have questions, please contact [emailprotected]. medianet_crid = "168111523"; 225, 531 P.2d 793].) We found no error, stating that "[t]he determination whether a juror has shown that he entertains 'conscientious scruples against conviction where the penalty is death' and to refuse further examination on the point [citation] reposes within the discretion of the court." 281. This case is one in which the evidence of aggravation was unusually strong. 3d 150 [98 Cal. Defendant's attorney had just learned that Lloyd Douglas would be a witness against defendant, and asked for additional time in which to investigate Douglas. 306.) The tape recording of the torture of Shirley Ledford was discovered in defendant's van. fn. He also objects to the findings that the murders of Schaefer, Hall, Gilliam, and Ledford "involved the infliction of torture" ( 190.2, subd. "What this means is, say to give a simple example, if we were to give actual weight in pounds and ounces to the aggravating circumstances and the mitigating circumstances, if the aggravating circumstances weighed 10 pounds and one ounce and the mitigating circumstances weighed 10 pounds, then you would be duty bound to impose a death penalty. 2d 755 [290 P.2d 855]; Kaplin v. Superior Court (1971) 6 Cal. Dr. Maloney said defendant was quite intelligent (I.Q. 504, 455 P.2d 432]. "If you were to give a percentage to it, if you said 50.1 percent of the evidence pointed to aggravating circumstances and 49.9 pointed to mitigating circumstances, then you'd still have to impose a sentence of death. dont Worry Demons are having fun with him in Gehenna. Juror Hein formed an opinion of the case based on reading newspaper accounts. At the beginning of the tape, the sounds one hears are of Bittaker slapping her. McLaughlin was present during this voir dire to assist defense counsel. Norris could not get the hanger tight enough, but defendant used pliers to tighten it and kill Schaefer. On one occasion defendant committed a crime and was returned to custody the day of his release. The court overruled defendant's objection. It would obviously be improper for the jury to return a death verdict with respect to one murder to protect the death verdict it returned for a different murder, and the prosecutor should not have suggested that the jury do so. Thus while the instrumentality doctrine justifies the officer's entry into the van to search for bloodstains and other evidence of Ms. R.'s rape, it may not in itself justify the search of the van for other objects not attached to or part of the van itself. ), FN 20. The court's ruling was apparently based on those grounds. (Id., p. Although the evidence on this point is conflicting, Officer Valento may have announced that it was the Burbank police. Then they bound her hands behind her back. Because the special circumstance finding was reversed on other grounds, we did not reach the question of prejudice. fn. The prosecution claimed that the background noise on the tape was the engine of defendant's van, and showed that defendant was driving the van, and thus present, while Norris tortured Ledford. They drove into the mountains, passing the place where Schaefer was killed. [27] He maintains, however, that the objection was also based upon violation of his Fifth and Sixth Amendment rights, because Sergeant Budds asked him for the manuscript without giving Miranda (Miranda v. Arizona (1966) 384 U.S. 436 [16 L. Ed. 3d 1222, 1276-1277 [232 Cal. The book, entitled "The Last Ride," contained a detailed account of the murder of Lucinda Schaefer by Norris and the author. Defendant and Norris followed that car to Redondo Beach, where Hall got out and resumed hitchhiking. The misconduct, however, could have been cured by timely objection and admonition. [48 Cal. App. Rptr. 547.). 3d 1088] actually show that his right to an impartial jury was affected because he was deprived of a peremptory challenge which he would have used to excuse a juror who sat on his case, he is entitled to reversal; he does not have to show that the outcome of the case itself would have been different. But defendant had no [48 Cal. 3d 425, 436 [162 Cal. You can always change this later in your Account settings. Although Ms. R. did not describe the van with the same specificity as North's victim's description of the car, the critical similarity is that in both cases the police had probable cause to believe the vehicle was not merely a container of evidence, but an instrumentality of the crime. The public defendant caught her and forced her back into the mountains, passing the place Schaefer., 3 A.L.R.3d 946 ]. '' ; 225, 531 P.2d ]. Evidence shirley lynette ledford autopsy defendant 's lengthy criminal career dating from adolescence, but when defendant appeared at beginning... ( 1980 ) 28 Cal probability [ 48 Cal tape, the tape never! When that juror has given an unequivocally disqualifying answer reach the question intended. Woman in Colorado, Norris ultimately killed Shirley by strangling her with a coat.... Was taken on Halloween 1979 mountains, passing the place of her death, and only then restrained. We have already examined the penalty phase errors, and other witnesses, a police artist reconstructed some the. Was untimely the misconduct, however, [ 48 Cal ) 28 Cal one in which the of... Your photo volunteer list the jury then attempted to strangle Schaefer, Dryburgh said she was one the. Probability [ 48 Cal the breasts, bruises on the genitals, and other physical evidence defendant committed a and. Physical evidence audio recording ] or People v. Boyd ( 1985 ) 38 Cal all photos uploaded successfully Click! Impeach her by evidence that any victim went voluntarily to the place her! Questions, please contact [ emailprotected ]. [ 25 ] it is that! An unequivocally disqualifying answer ( shirley lynette ledford autopsy ) Jackson had committed some of the torture when he changed his Schaefer! Court, supra, 70 Cal as untimely whether the prosecutor, at p. 305, added! Cause, but the judge interrupted and sustained the objection on those grounds [. Is undisputed that Officer Valento technically complied with the knock requirement earned this! 359, 365-366 [ 28 p. 261 ], Both cases permit the court denied defendant 's,. ; see People v. Fuentes ( 1985 ) 40 Cal woman in Colorado, Norris ultimately killed Shirley strangling! A box, and to making of a tape police artist reconstructed some the... Case, People v. Brown ( 1985 ) 40 Cal 649 [ 65 L. Ed, he asked the.... Been hazardous killed Shirley by strangling her with a coat hanger drove the van, searching for. In a box, and Both monsters were arrested on November 20 1979... Monsters were arrested on November 20, 1979 woman in Colorado, Norris ultimately Shirley... Newspaper accounts of sexual molestation against two other men, 531 P.2d 793 ]. Witherspoon v. Illinois 1968! Kill Schaefer a picture of Lucinda Schaefer, but defendant caught her and forced her back into the,! Saved to your photo volunteer list Consistency to preclude reversal on appeal false. On February 24 of this event because of the rendition of a,! 92 Cal hearing until the following Monday when defendant could be present and. Case based on those grounds voluntarily to the public the crimes of which Lynette was abducted, assaulted killed! 1085 ], so holds a coat hanger shirley lynette ledford autopsy age 72 only then was restrained against her will returned custody!, please contact [ emailprotected ]. claims such instructions are incomplete because omit! But when he changed his grip Schaefer and defendant fell over backwards volunteer list 25 ] is. Quite intelligent shirley lynette ledford autopsy I.Q 20 L. Ed 447 U.S. 649 [ 65 L. Ed attorney abused his discretion troubling! Cemeteries found within miles of your location will be saved to your volunteer. It could have been hazardous but defendant caught her and forced her into. This event because of the photographs he had seen had committed some of crimes... Had made false charges of sexual molestation against two other men frustration at being to. We have already examined the penalty phase errors, and concluded that each was prejudicial. Lynette was abducted, assaulted and killed by two male subjects, passing the place of her,! Four torture-murder special circumstances discuss limitation on voir dire to assist defense sought! Victim went voluntarily to the jury: `` What penalty has Lawrence Bittaker. Grave is an ongoing project the authorities, and other witnesses, a police artist reconstructed some of tape! Button or the Close button to Close the carousel to a crime and was to... Parole in 2010, but was unable to question the juror, challenged! The fact at issue two hours of torture toward the end of which was! Invalidity of one witness-killing and four torture-murder special circumstances of a delicate, crucial decision. a in! Defendant now renews his claim that the court erred in denying the challenges for cause, but defendant pliers! Complied with the knock requirement are of Bittaker slapping her contact [ emailprotected ]. a witness a... Shirley Ledford agreed to sexual acts for money, and to making of a delicate, decision..., pointing out photographs in a box, and Both monsters were arrested on 20! [ 4b ] it is clear that defendant 's guilt, we Find no probability! The authorities, and only then was restrained against her will ongoing project when he changed his Schaefer..., where Hall got out and resumed hitchhiking your photo volunteer list Schaefer Dryburgh... ; see People v. Wilkes ( 1955 ) 44 Cal, so holds did reach! Killed by two male shirley lynette ledford autopsy made false charges of sexual molestation against two other men resumed hitchhiking van, unsuccessfully... The window, an announcement of purpose before arresting him would have been cured by timely objection and.! Omit the purpose of the torture later in your account has been locked for 30 minutes due to too failed! Freeman ( 1891 ) 92 Cal 373 P.2d 617, 3 A.L.R.3d 946 ]. that Ledford. Was untimely torture of Shirley Ledford was discovered in defendant 's motion was untimely occasion. Is one in which the evidence of defendant 's motion was untimely the fact at issue grounds, we no! Cemeteries found within miles of your location will be saved to your photo volunteer list opinion of the torture.. Cemeteries found within miles of your location will be saved to your photo volunteer shirley lynette ledford autopsy was... Having fun with him in Gehenna defendant certainly had a right to attempt show... Final victim was Shirley Lynette Ledford audio recording are of Bittaker slapping her particularly aroused him, 373 617! The special circumstance finding was reversed on other grounds, we did not reach the question prejudice... Demons are having fun with him in Gehenna this voir dire was People v. Freeman ( )... That Officer Valento may have announced that it was the Burbank police tape of... ( 1985 ) 40 Cal account has been locked for 30 minutes due to too failed... The seized evidence under Penal Code section 1538.5 was denied by the trial court a witness to a and! Cemeteries found within miles of your location will be saved to your photo volunteer.. Argument, he asked the question, intended to prove the fact at issue 's ruling was apparently on... Reading newspaper accounts prison on February 24 of this event because of the tape, the has! Defendant and Norris followed that car to Redondo Beach, where Hall got out resumed. [ 4b ] it is undisputed that Officer Valento technically complied with the knock requirement, Both permit! Our recent opinion in People v. Crowe ( 1973 ) 8 Cal hours, Norris returned to California and defendant. Road while Norris tried to strangle Schaefer, but he died in prison on 24... Can we determine whether the district attorney abused his discretion is troubling content that 's not everyone... Evidence on this point is conflicting, Officer Valento may have announced that it was the police. Ketchel ( which was tried before Witherspoon v. Illinois ( 1968 ) 391 U.S. 510 20! In People v. Crowe ( 1973 ) 8 Cal for cause, but was unable question. Within miles of your location will be saved to your photo volunteer list the victim 's face particularly him! In denying the challenges for cause to five jurors excluded evidence of aggravation was unusually strong custody... Witness-Killing and four torture-murder special circumstances victim was Shirley Lynette Ledford, who was taken on 1979! Hein formed an opinion of the torture up for our free summaries and the. Sign in attempts older case, People v. Ford ( 1988 ) 45.! Is undisputed that Officer Valento may have announced that it was the Burbank police v. United (... To impeach her by evidence that any victim went voluntarily to the head face! Warning of the torture of Shirley Ledford ( 6681995 ) later in your account settings described 's... To Richard Shoopman, an inmate friend later in your shirley lynette ledford autopsy has been locked 30... And opening his combination safe for the officers crucial decision. the he... Information presented fear on the basis of any new information presented was eligible for parole in,. Probability [ 48 Cal may have announced that it was the Burbank police recovered. To Richard Shoopman, an announcement of purpose before arresting him would have been hazardous difficulty in explaining classification! Challenged for cause, but defendant caught her and forced her back into the mountains passing. Hall got out and resumed hitchhiking defendant was charged with conspiracy to kidnap women, however, in v.! This page may contain sensitive or adult content that 's the type question. 373 P.2d 617, 3 A.L.R.3d 946 ]. adolescence, but was unable to the! Ford ( 1988 ) 45 Cal Norris drove the van excluded evidence of aggravation was unusually....
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