How has the court considered asphyxiation in the closing argument in a murder trial?

California, United States of America


The following excerpt is from People v. Pacheco, F075020 (Cal. App. 2019):

Referring to the multiple homicides alleged in Solomon, the court referred to the prosecutor's closing argument to the jury. The cause of death was some form of asphyxiation. The prosecutor pointed out that "either someone put a pillow over their face and suffocated them, sock down their mouth, or someone took a ligature and put it around their neck and strangled them to death, ..., that doesn't occur in a flick of an eye, [a] moment's time." (Italics original.) (Solomon, supra, 49 Cal.4th at pp. 828-829.) From the manner of killing, the jury can reasonably infer that an unresisting victim who is killed indicates a calculated design to ensure death rather than an unconsidered explosion of violence. (People v. Horning (2004) 34 Cal.4th 871, 902-903 [victim bound and blindfolded before being shot in the brain at close range].)

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