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Thread: Arthur Hans Halvorsen - California Death Row

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    Arthur Hans Halvorsen - California Death Row




    Facts of the Crime:

    Halvorsen was convicted of the 1985 murders of Vicente Perez and Calvin Ferguson, but the jury could not decide whether to put Halvorsen on death row. The rampage through Los Angeles County started on March 31, 1985, after Halvorsen had spent several hours drinking in a Long Beach bar. About 5 p.m., he drove to an acquaintance's house and shot the acquaintance's roommate.

    He then drove to a trucking company where he used to work and murdered Perez and Ferguson. Witnesses testified that Ferguson had met Halvorsen a few times but that Halvorsen and Perez had never met. The jury could not decide how to punish him for killing Perez. A second jury later sentenced Halvorsen to death for that murder.

    Halvorsen was originally sentenced to death in Los Angeles County on November 18, 1988.

  2. #2
    Senior Member CnCP Legend JLR's Avatar
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    August 31, 2007

    State court tosses out inmate's death sentence

    SAN FRANCISCO -- In a rare move, the California Supreme Court on Thursday tossed out the death sentence of a Long Beach man convicted of killing two people during a drunken shooting spree that injured two others.

    The Supreme Court ruled that trial judges improperly denied Arthur Hans Halvorsen's right to represent himself. But the 6-1 decision left intact his two murder convictions and his sentence of life in prison without parole for one of the killings.

    Halvorsen was convicted of the 1985 murders of Vicente Perez and Calvin Ferguson, but the jury couldn't decide how to punish him for killing Perez. A second jury later sentenced Halvorsen to death for that murder.

    Now, the L.A. County prosecutor must decide whether to impanel another jury to decide how to punish Halvorsen for the Perez murder or let the high court's decision stand. If Los Angeles County Dist. Atty. Steve Cooley does nothing, Halvorsen would not be executed but would remain in prison for life without parole because of the Ferguson murder.

    "We have not made a decision on how to proceed," district attorney's spokeswoman Sandi Gibbons said.

    Justice Joyce Kennard disagreed with the majority opinion, saying she would reduce Halvorsen's entire conviction to second-degree murder or hold another trial to determine guilt.

    Halvorsen landed on death row because of a rampage through L.A. County on March 31, 1985, after spending several hours drinking in a Long Beach bar. About 5 p.m., he drove to an acquaintance's house and shot the acquaintance's roommate. He then drove to a trucking company where he used to work and murdered Perez and Ferguson. Witnesses testified that Ferguson had met Halvorsen a few times but that Halvorsen and Perez had never met.

    Then, Halvorsen said, he went to Gene Layton's house to collect a debt. Halvorsen shot and wounded Layton.

    The California Supreme Court reviews all death penalty convictions and upholds the vast majority of them. More than 660 inmates are on California's death row.

    Two judges denied four separate requests from Halvorsen to represent himself during the penalty phase.

    http://articles.latimes.com/2007/aug...cal/me-death31

  3. #3
    Administrator Moh's Avatar
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    Why is Halvorsen still listed by the California DOC as being on death row if he doesn't appear to have an active death sentence? I've found nothing about him being re-sentenced to death since 2007.

    http://www.cdcr.ca.gov/Capital_Punis...ListSecure.pdf

  4. #4
    Administrator Michael's Avatar
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    Death Verdict Upheld

    A judge sent a convicted murderer to death row during a Long Beach court session – confirming a jury’s verdict one week prior and pleasing the surviving victims on Wednesday.

    Arthur Hans Halvorsen went on a shooting rampage on March 31, 1985, killing two and injuring two others throughout Los Angeles County after drinking alcohol in a Long Beach bar for several hours, according to an Associated Press article published in the Los Angeles Times in 2007.

    Halvorsen was previously sentenced to death but the California Supreme Court tossed out the death penalty portion in August 2007 because the court ruled that Halvorsen was improperly denied the right to represent himself by the trial judges, the AP reported.

    Halvorsen would spend the rest of his life in prison without parole had the Los Angeles District Attorney done nothing more, the AP predicted at the time.

    However, the District Attorney did act and a new case was completed last Tuesday afternoon and a jury came back with a death verdict the next day, Wednesday, Feb. 2.

    Los Angeles Superior Court Judge Joan Comparet-Cassani finalized the case a week later, with one surviving gunshot victim in the audience as well as a niece whose uncle was killed. The Beachcomber was the only media outlet present.

    Cassani denied the application for modification which would have reduced the jury’s verdict from death to life without parole. Cassani agreed with the jury that Halvorsen should be put to death and upheld its decision.

    “I find that the first degree murder of Calvin Ferguson and Vicente Perez were intentional killings personally committed by the defendant,” Cassani said. “I further find that the murders were pre-meditated and willful and committed with malice aforethought.

    “I further find that these cold, vicious murders were committed at random, were unprovoked. The victims were defenseless and the defendant laughed about the murders afterward and said he felt he was “on a roll” and so went on to attack two other victims, who survived, and that the defendant testified at an earlier proceeding he intended to murder each victim,” Cassani said.

    Then on the same day, Halvorsen attempted to murder Gene Layton and Benjamin Alcala, who also were caught by surprise and did not provoke the attack by Halvorsen, Cassani added.

    “I have carefully considered the mitigating factors and all possible mitigating evidence including the defendant’s history of alcoholism and mental illness. However, there was no evidence the defendant was under the influence of alcohol at the time of the crimes of which he was convicted were committed, and no evidence he was legally insane,” the judge continued.

    Cassani described Halvorsen as a “cold-blooded murderer with a clear and unequivocal intent to kill each and every victim and who felt empowered to kill more innocent victims as he murdered each one.”

    The judge spoke to Halvorsen directly, “It is the judgment and order of this court that you shall suffer the death penalty – said penalty to be inflicted within the walls of the state prison at San Quentin California.”

    The defendant’s appeal rights are automatic to the California Supreme Court, the judge said.

    Halvorsen would be sent to San Quentin within ten days, she added. “This is the order of the court; he is transferred [out of the courtroom] immediately. That is all.”

    Outside the courtroom Deputy District Attorney Steven Schreiner gave his reaction, “We expected that the court would back up the jury’s decision. Of course it’s the second jury to reach the conclusion that Mr. Halvorsen’s actions merited the death penalty. So the jury’s done its job, the court’s done its job, and the police department and the DA’s office have to the best of their abilities.”

    Schreiner said the situation is now in the hands of the appellate courts.

    “It was 20 years after his original conviction that the original reversal came down because he wasn’t allowed the opportunity to represent himself. The irony is that he came back and did not represent himself after he got a new trial penalty phase.”

    Schreiner said counsel will be appointed and they will come up with some basis for appeal.

    Schreiner said the appeals will go through the California Supreme Court and likely even Federal Court and that it could take years. “Unless our system radically changes, this will start another long process of appeals. It’s out of my hands at this point.”

    Today Halvorsen is 68 years old.

    Linda Lopez, whose uncle Calvin Ferguson was murdered by Halvorsen, said “I am very appreciative to the judge, the jury, the District Attorney Mr. Schreiner, for coming back with the verdict that my family and I are very pleased with.”

    Lopez told the judge in court that when her mother died, her uncle Calvin took her in and was like a father and that she still misses him after all these years.

    Gene Layton, a local roofer, former professional football player and brother-in-law to former Long Beach councilman Frank Colonna said outside the courtroom, “I’m glad it’s over. It’s been a long time for those people. You talk to me, but they lost. I came back. I’m still here. They lost people who ain’t ever coming back. That’s the tragedy.”

    Layton is 64 today and said he feels great. He was shot twice in the chest when he was 39 and is credited for physically stopping Halvorsen’s rampage.

    Source
    No murder can be so cruel that there are not still useful imbeciles who do gloss over the murderer and apologize.

  5. #5
    Administrator Moh's Avatar
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    On May 19, 2015, counsel was appointed to represent Halvorsen on direct appeal before the California Supreme Court.

    http://appellatecases.courtinfo.ca.g...lSUCAgCg%3D%3D

  6. #6
    Senior Member CnCP Legend JLR's Avatar
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    Halvorsen filed his initial brief on the 14th of December 2017.

    Prosecution filed a response on 11th of April 2018.

    http://appellatecases.courtinfo.ca.g...lSUCAgCg%3D%3D

  7. #7
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    Halvorsen's direct appeal has been fully briefed before the California Supreme Court since April 15, 2019.

    https://appellatecases.courtinfo.ca....lSUCAgCg%3D%3D

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