People v. Luparello,

Facts

Luparello (D) practiced chiropractics and Terri was his patient. D eventually hired Terri as a receptionist, and soon they began an affair. Under pressure from Luparello's wife, Terri left her job in May 1980. Terri then met and married Ed Gadzinski. D did not see Terri again until early 1981. At that time, both were having marital problems. February, Terri separated from her husband and returned to her job with D. Her employment lasted for several weeks until Ed induced Terri to return home. She voluntarily stayed until the end of March, when she returned to work and moved into D's house. D then had three other roommates: Brad Wilson, Ben Wilson, and Ron Jennings. D went to San Francisco to confer with counsel about his divorce. Later that same day, Terri moved her belongings from D's house and reconciled with her husband. Terri and Ed established a new residence in a different county. At this time, Terri was pregnant with D's child. D began an intensive search for Terri. On the evening of May 11, D met with Orduna (D1), who was also D's patient, and Johnny Salmon at his house. He stated he wanted D1 and Salmon to help find Terri. D, D1, and Salmon were joined by Ben Wilson, D's roommate, and the four drove to D1's house. On the way, D and Salmon discussed the cost for D1's and Salmon's services. Ben saw D give Salmon $40, and D later told Ben the total cost would be $200. D hoped to elicit information from Mark Martin, a good friend of Terri's husband and best man at Terri and Ed's wedding. On May 13, D, Brad Wilson, D1, Salmon and a person identified as 'Spooky' gathered at D's house. They were going to 'thump' the person from whom they wanted information. D remarked he would like the information at any cost. D1 was carrying a sword, and Salmon had nunchakus. Salmon also loaded a .22 caliber rifle belonging to D. D, D1, Salmon and 'Spooky' left the house, taking the weapons, though not the rifle, with them. They returned in a half hour and picked up Brad Wilson, and drove to Mark Martin's house. D1, Salmon and Brad Wilson got out of the car and approached Martin's house. D1 and Salmon were carrying weapons. They instructed Brad to lure Mark Martin from his house, and they would beat him. Brad, however, refused to do so. When Martin came to the door, Brad asked only if he knew Terri's whereabouts. D1 and Salmon, who were waiting in the shadows at the sides of the house, later chided Brad for not getting Martin to leave his house. On May 14, Brad Wilson returned home to find D1 and Salmon inside. They were armed with a sword and nunchakus. D was present but was making a telephone call. D1 and Salmon left. Approximately two hours later, D1 knocked on the door of Mark Martin's house. D1 asked whether he would look at D1's car. After Martin stepped out of his house, D1 quickly backed away. Someone in or near the parked car, the engine of which was running, fired six shots at Martin and he fell to the porch and died. D1 ran to the car, and he and his companion drove off. Ds were charged with conspiracy to commit an assault by means of force likely to produce great bodily injury and murder. The jury found Ds guilty on both counts. D was sentenced to 25-years-to-life imprisonment for first-degree murder and received an additional year for being armed with a rifle. His three-year conspiracy sentence, however, was stayed. D1 was given life imprisonment without possibility of parole. Eventually, D1 was sentenced to 25-years-to-life imprisonment for first-degree murder and enhanced the sentence by one year because D1 had been armed. His conspiracy sentence was similarly stayed. Ds appealed. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

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