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Thread: David Charles Zanon - California Death Row

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    David Charles Zanon - California Death Row


    David Charles Zanon


    July 30, 2010

    Defendant's intent called key in trial over CHP officer's highway death

    Defense lawyer Mark D. Millard opened the capital murder defense of David Zanon on Tuesday by telling a jury in Placerville he couldn't deny his client had run over and killed CHP Officer Scott Russell in 2007.

    "This case, as (District Attorney Vern) Pierson said, is a terrible tragedy and there is no question that David Zanon is responsible for that tragedy," Millard told jurors, as the defendant sat quietly at the defense table.

    Zanon's trial in El Dorado Superior Court, however, is not about whether his actions led to Russell's death, his attorney argued.

    "The issue is not whether he did the act of killing … " Millard said. "The issue is what was his intent."

    Intent will make all the difference in this trial.

    Police say Zanon was discovered burglarizing a Rancho Cordova business on July 31, 2007. He then led officers from several jurisdictions on a high-speed chase deep into El Dorado County.

    Near the Ponderosa Road exit, officials say, he coldly steered his getaway car off the freeway onto the median and ran down Russell, who had attempted to lay a spike strip to stop Zanon's car.

    Pierson's office has charged Zanon with six counts, including murder. They also allege he killed to avoid arrest and intentionally killed a law enforcement officer.

    Those circumstances, if proved, would make Zanon eligible for the death penalty.

    Pierson opened the trial Tuesday by laying out a brief chronology of events.

    Minutes after leaving the Rancho Cordova site with deputies in pursuit, Zanon swerved toward another deputy's vehicle responding to the scene, Pierson said.

    The district attorney compared Zanon's action to a "game of chicken."

    On Highway 50 in El Dorado Hills, Pierson recounted, Zanon swerved toward another CHP officer attempting to lay a spike strip.

    Along the way, he threw things out of his vehicle into the path of those pursuing him and called his friends, Pierson said.

    "He's crying and saying goodbye," Pierson told the jury.

    All this, Pierson indicated, suggests Zanon knew what he was doing and intentionally aimed at Russell, intending to kill him.

    In Millard's opening for the defense, however, he alluded to a frighteningly bad childhood for Zanon, and a history of mental disabilities, including attention deficit syndrome, post-traumatic stress and bipolar disorder, and a history of drug and alcohol abuse.

    He countered that Zanon's state of mind was disordered.

    "This is David Zanon taken shortly after he was arrested," Millard said, showing a photo of an emaciated, tattooed and bandaged Zanon with a vacant look in his eyes.

    "The evidence will not show he intended to kill those officers," Millard said.

    An important part of that evidence, he said, will show Zanon drove onto the median to get around the tack strips, and accidentally hit Russell as the officer tried to take cover.

    After opening statements by prosecution and defense, Judge James R. Wagoner moved the court directly into presentation of witnesses.

    The trial is expected to last several weeks, which will take it beyond the July 31 anniversary of Russell's killing.

    http://www.sacbee.com/2010/07/07/287...#ixzz0t08VzvJz

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    August 1, 2010

    El Dorado jury has case in killing of California Highway Patrol officer

    Just shy of the third anniversary of the day California Highway Patrol Officer Scott Russell was killed, an El Dorado County jury began deliberating Wednesday on the guilt of the murder suspect.

    Prosecution and defense on Wednesday presented closing arguments in the trial of David Charles Zanon.

    Russell was killed along Highway 50 in Shingle Springs on July 31, 2007.

    Zanon's defense did not deny allegations that he had stolen property in his car when he began the chase that ended in Russell's death.

    There was no effort to deny that Zanon ran Russell down with his car while trying to elude officers who had been chasing him from Rancho Cordova, nor that he fled that scene after crashing into Russell so hard that his car's windshield was caved in.

    Instead, Mark D. Millard, Zanon's attorney, held his client never intended to injure any of the three peace officers – including Russell – toward whom he had swerved that day.

    In addition to murder, he is accused of attempted murder and assault – all against peace officers.

    The styles of the two sides' closing arguments were as different as the points they were trying to prove.

    District Attorney Vern Pierson methodically and quickly moved through the testimony that had been presented since the trial began three weeks ago.

    He referred to an instance in which Zanon swerved toward a Sacramento County sheriff's deputy in Rancho Cordova.

    He spoke of Zanon's earlier anti-law enforcement statements, of his swerving toward another CHP officer in the course of the chase, and of his call to say "goodbye" to a friend.

    He reminded jurors of testimony that Zanon had never slowed as he hit Russell, and that he continued to try to run after pursuing officers finally stopped his car.

    He ran through his arguments in not much longer than the 26 minutes said to have passed between when Zanon was first stopped in Rancho Cordova and when he ran over Russell.

    Millard's defense was, by contrast, rambling and sometimes admittedly repetitive.

    He apologized for getting out of order, for typographical errors in his presentation and even for how effective an attorney he was.

    "If the whole thing was who has the best lawyers, we'd lose for sure," he told the jury. However, he argued prosecutors had not proved their case.

    The swerves were bad driving and bad judgment, not attempts to hit officers, Millard argued. Zanon did not premeditate injuring officers, and there was no express malice – a legal term – when he swerved and hit Russell.

    Zanon, he said, was trying to avoid a spike strip Russell had just placed on the highway to stop Zanon.

    Though Zanon didn't intend to hit Russell, Millard conceded near the end of his closing, "it was close enough that it created a terribly dangerous situation."

    That, he suggested, might lead jurors to see "implied malice" in the defendant's actions.

    "I wouldn't fault the jury if you found he acted with implied malice," he said.

    Such a finding could lead to a verdict of second-degree murder.

    If the jury finds that Zanon is guilty of first-degree murder – and that special circumstances alleged by the prosecution also hold – he could face the death penalty.

    http://www.sacbee.com/2010/07/29/292...lifornia.html?

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    August 5, 2010

    Placerville jury finds David Zanon guilty of murder in CHP officer's death

    The Placerville murder trial of David Charles Zanon took three years to bring to court, three weeks for attorneys to argue and three days for a jury to decide he was guilty.

    The El Dorado County panel found Zanon guilty on all counts and special allegations in connection with his 30-minute string of crimes July 31, 2007, which had its brutal climax when he ran down and killed California Highway Patrol Officer Scott Russell.

    Zanon was found guilty of first-degree murder in Russell's death, including findings that he murdered to avoid arrest, murdered a peace officer and used a deadly weapon. Those findings make him eligible for a sentence of capital punishment in the trial's upcoming penalty phase.

    Prosecutors, defense attorneys, family members and law enforcement colleagues declined to talk about the verdicts, and Judge James R. Wagoner admonished the media that jurors would not be allowed to address their findings before the penalty phase is concluded.

    CHP Commissioner Joe Farrow expressed gratitude for the verdict in a press release.

    "On behalf of the entire CHP family, I wish to extend our deepest appreciation to the El Dorado County District Attorney's Office, the El Dorado Superior Court, the members of the jury and all the supporters of the CHP and Officer Scott Russell," Farrow said.

    Zanon, who had a warrant for his arrest, was found outside a burglarized business in Rancho Cordova and sped off, leading officers from multiple jurisdictions on a chase along Highway 50.

    Prosecutors argued that Zanon coldly and with premeditation steered off Highway 50 onto the median to kill Russell, who had just set out a spike strip in an attempt to stop him.

    In addition to the murder, Zanon was found guilty of attempting to murder CHP Officer Wayne Kenneweg, whom he also swerved toward during the pursuit that led from Rancho Cordova deep into El Dorado County.

    Zanon also was found guilty of assault on Sacramento County Sheriff's Deputy Shannon Schumaker; guilty of evading an officer, causing death; felony leaving the scene of an accident; and receiving stolen property.

    His defense, conducted by Mark D. Millard, attempted to undercut the prosecution's allegations that Zanon wanted to kill the officers he encountered.

    Zanon betrayed little emotion at the reading of the verdicts, nor as he was led handcuffed from the courtroom.

    Dressed in a brown blazer and khakis, with wire-frame glasses, Zanon hardly resembled booking photos of the emaciated methamphetamine user captured at the end of his 2007 freeway chase.

    Russell's widow wiped her eyes as she left the courtroom, a small CHP star on her necklace.

    She shook her head at reporters.

    Zanon's trial took three years in part because defense attorneys attempted to have the venue changed because of heavy publicity.

    Not only were there many stories on the chase and death of Russell, but also coverage of his funeral, attended by thousands of mourners.

    Wednesday's verdicts came before a packed courtroom, including many law enforcement colleagues.

    Those who could not get seats heard the verdicts while crowded on the Placerville courthouse's second-floor landing outside the courtroom, which had its doors open for that purpose.

    http://www.sacbee.com/2010/08/05/293...#ixzz0vkX6kgo6

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    August 23, 2010

    Defense lawyer will try to show Zanon's good side


    Jurors in El Dorado Superior Court are likely to face a tide of emotional testimony as the penalty phase of the David Zanon murder trial gets under way this week.

    Prosecutors are expected to present descriptions of Zanon's victim – California Highway Patrol Officer Scott Russell – evoking the tragedy of a good man's life lost.

    No one disputes that he was a good man, said David Brooks, Zanon's public defender.

    Brooks, by contrast, will address his client's troubled upbringing and will try to produce evidence that Zanon had a good side, despite his acknowledged criminal history.

    "It's going to be quite the roller coaster ride," Brooks said.

    District Attorney Vern Pierson declined to be interviewed for this article.

    Zanon was convicted Aug. 4 of all charges tied to the death of Russell on July 31, 2007.

    Zanon, who was found outside a burglarized business in Rancho Cordova, steered his car off Highway 50 while being pursued by law enforcement and ran down Russell, who had just deployed a spike strip on the freeway in hopes of stopping the fugitive.

    Zanon was convicted of first-degree murder of a peace officer and murder to avoid arrest. Those crimes make Zanon eligible to be sentenced to death.

    He was found guilty of attempted murder – trying to hit another CHP officer – and assault – swerving toward the car of a Sacramento sheriff's deputy.

    During the guilt phase of the trial, Zanon's other defense attorney, Mark Millard, spoke of the defendant's drug use and diminished mental state.

    Penalty phases in capital trials typically bring in additional testimony not allowed during the guilt phase, said John Myers, a professor of law at McGeorge School of Law.

    "The person's whole life story comes in," Myers said.

    Brooks said he expects to introduce testimony from those who knew Zanon and evidence of a tortured childhood.

    "It all comes out to try to play on the jury's sympathy," said Myers, speaking generally of such trials.

    Survivors of the victim are often called upon to speak of the suffering from their loss, he said.

    The penalty phase of Zanon's trial will begin Tuesday in El Dorado Superior Court in Placerville.

    http://www.sacbee.com/2010/08/23/297...#ixzz0xQrVyiaf

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    September 15, 2010

    El Dorado Co. jury gives death penalty to killer of CHP officer

    A jury gave the death penalty today to David Charles Zanon for running down and killing California Highway Patrol Officer Scott Russell on July 31, 2007.

    The El Dorado County Superior Court jury found Zanon guilty on Aug. 4 of killing Russell in a manner that required a second deliberation to determine if Zanon's crimes merited the death penalty.

    Zanon, who had a warrant for his arrest, was found outside a burglarized business in Rancho Cordova and sped off, leading officers from multiple jurisdictions on a chase along Highway 50.

    Prosecutors argued that Zanon coldly and with premeditation steered off Highway 50 in El Dorado County onto the median to kill Russell, who had just set out a spike strip in an attempt to stop him.

    In addition to the murder, Zanon was found guilty of attempting to murder CHP Officer Wayne Kenneweg, whom he also swerved toward during the pursuit that led from Rancho Cordova deep into El Dorado County.

    Zanon also was found guilty of assault on Sacramento County Sheriff's Deputy Shannon Schumaker; guilty of evading an officer, causing death; felony leaving the scene of an accident; and receiving stolen property.

    "Today, justice has finally been served for the cold-blooded killing of Officer Scott Russell," said CHP Commissioner Joe Farrow. "While nothing can erase the everlasting pain and sorrow felt by Officer Russell's family and friends, may today's decision at least bring some relief that this process is over."

    His defense, conducted by Mark D. Millard, attempted to undercut the prosecution's allegations that Zanon wanted to kill the officers he encountered.

    http://blogs.sacbee.com/crime/archiv...ado-co-ju.html

  6. #6
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    CHP Officer's Killer Sentenced To Death

    David Zanon, the man convicted of running over a California Highway Patrol officer in El Dorado County, has been sentenced to death.

    In September, a jury of four men and eight women gave the death penalty recommendation.

    Zanon was found guilty in August of first-degree murder in the 2007 death of Officer Scott Russell.

    The officer was laying down a spike strip on Highway 50 when he was struck by Zanon's car.

    Prosecutors said Zanon led officers on a chase from Rancho Cordova to Shingle Springs and that Zanon intentionally aimed his car at the officer.

    The El Dorado County Superior Court denied a motion for a new trial and a request for a verdict modification.

    http://www.kcra.com/mostpopular/26122544/detail.html

  7. #7
    Administrator Moh's Avatar
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    On July 29, 2014, counsel was appointed for Zanon's direct appeal before the California Supreme Court.

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

  8. #8
    Senior Member CnCP Legend JLR's Avatar
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    On the 28th of November 2018, Zanon filed his initial brief.

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

  9. #9
    Senior Member CnCP Legend JLR's Avatar
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    The prosecution filed its response on the 6th of March 2020.

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

  10. #10
    Administrator Moh's Avatar
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    Zanon's direct appeal has been fully briefed before the California Supreme Court since July 6, 2021.

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

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