Despite the prosecutor's offer of use immunity pursuant to Ariz. Mendiola was called as a witness, but asserted his Fifth Amendment right against self-incrimination.
#Kevin klammer trial#
Violation of Right to Confront Witnessesĭefendant first contends that the trial court violated his constitutional right to confront witnesses against him by admitting in evidence the tape-recorded statement of Mendiola. The trial court erred by denying a motion for judgment of acquittal on the first-degree murder charge as there was insufficient evidence of premeditation. The trial court erred by instructing the jury that punishment is the sole concern of the judge. There was prosecutorial misconduct because the state did not maintain contact with two potential witnesses.
The trial court violated Rule 19.1, Arizona Rules of Criminal Procedure, by varying the order of proceedings and reading the jury instructions prior to closing arguments.
The trial court abused its discretion by admitting photographs of the crime scene taken several months later which showed gang graffiti on the curb, although such graffiti was not present at the time of the crimes. The trial court violated Rule 22.2, Arizona Rules of Criminal Procedure, by giving the jurors a copy of the indictment to use during their deliberations. The trial court committed reversible error by refusing to instruct the jury on negligent homicide. Defendant's federal and state constitutional rights to confront witnesses against him were violated when the court permitted introduction at trial of Mendiola's tape-recorded interview with police. He was credited with 397 days of presentence incarceration and ordered to pay $80,237.60 in restitution and $300 in felony assessment fees. Defendant was sentenced to an aggravated term of 18 years for second-degree murder and presumptive terms of 7.5 years on each count of aggravated assault, those sentences to run concurrently to each other, but consecutively to the sentence for second-degree murder. The jury found these crimes to be dangerous. He was found guilty of the lesser-included offense of second-degree murder and of the aggravated assault counts. In a tape-recorded statement, Mendiola corroborated defendant's account of his own and defendant's involvement in the shooting.ĭefendant was indicted on one count of first-degree murder, a class 1 felony, and two counts of aggravated assault, class 3 felonies. The police contacted Mendiola later that afternoon. He said that he was drunk at the time, that he had no reason to shoot at the boys, that he did not think the gun was loaded, and that he only intended to scare them. Although defendant initially denied involvement in the shooting, he later confessed on tape to having shot at the three boys. He was taken to the police station, given his Miranda warnings and voluntarily agreed to talk to the police. In June 1993, defendant was arrested at his home. The other boys were not physically harmed. The gunshot hit sixteen-year old Brent Lorentz, who died six days later. As the car passed the teenagers, defendant pointed the shotgun out the window at the three youths and fired one shot.
Defendant was a passenger in the front seat of the car. A vehicle, driven by Angel Mendiola, Jr., who had a shotgun in his possession, approached them from the east. On the night of December 5, 1992, teenagers Brent Lorentz, Kevin Klammer and Clinton Hill, were walking east on Thomas Road. ("defendant") appeals his conviction and sentence for one count of second-degree murder and two counts of aggravated assault. Check social media profiles, photos and videos, resumes and CV, skilled experts, public records, arrest records, publications, places of employment and business records. View contact information: phones, addresses, emails and networks. Kevin Klammer Found 10 people in Florida, Arizona and 8 other states
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