![]() What's his birth date? Frey: He gave me some phony. He has on his registration 1114 - 12th Street? Radio : Check. Do you have a birth date on him there? We're checking him out right now downstairs."Īfter another brief interval, and just before 5 a.m., this further exchange occurred by radio: "Frey: 1A, it's the same address. Lord testified that under such circumstances "e check and see if the warrants are still outstanding, first of all, and if they are, and then they can ascertain if they have that person stopped on the street, then they take action concerning the warrant." Pursuing this procedure in the radio conversation, he gave Frey an address for "LaVerne Williams" and said "Let me know if this is the same address or not." Frey asked Lord, "What's his description?" Lord replied ". Lord told him there were a "couple" of warrants issued to LaVerne Williams, for parking violations, on the identified vehicle. He wants to know what information I have that told him to stop the vehicle." Lord gave Frey the name "LaVerne Williams" and asked him "if there were a LaVerne Williams in the vehicle." Frey replied in the affirmative. This transmission terminated at about 4:52 a.m.Ī few minutes later Frey asked Lord by radio, "you got any information on this guy yet?" Explaining this call, Lord testified that "when I gave him the information there was PIN information he made the car stop on the strength of that, on the strength of the PIN information. You might send a unit by." ("Check," in this context, meant that Frey had received Lord's message.) Officer Heanes, who was listening to this conversation in his police car on another beat, called in that he was "enroute" to Seventh and Willow Streets. I am going to stop it at Seventh and Willow. Less than a minute later, Lord told Frey that "we have got some PIN information coming out on that." fn. At about 4:51 a.m., he radioed Lord and requested a check on an automobile which was moving in his vicinity and which bore license number AZM 489. ![]() Officer Frey was also on duty, and alone in a police car, patrolling an assigned beat in Oakland. Lord was on radio duty in the Oakland Police Administration Building. Through the testimony of Oakland police radio dispatcher Clarence Lord, and a tape recording of the radio transmissions mentioned therein, the People showed that the following events first occurred on the date in question: The criminal charges against defendant arose from a street altercation in which Frey was fatally wounded by gunfire, and Heanes and defendant were shot, on October 28, 1967. This appeal followed.Īt relevant times, John Frey and Herbert Heanes were officers of the Oakland Police Department. Defendant's motions for new trial and for probation were denied, and he was sentenced to state prison for the term prescribed by law. The jury also found the charge of the prior felony conviction to be true. The jury acquitted him of the Heanes assault charged in count Two, but found him guilty of the voluntary manslaughter of Frey under count One. Similar motions, addressed to the other counts, were denied. ![]() He pleaded not guilty to all three counts and denied the prior.Īfter the People rested during the lengthy jury trial which followed in 1968, and pursuant to Penal Code section 1118.1, the trial court granted defendant's motion for acquittal on count Three (the Ross kidnaping). Code, § 207.) The indictment also alleged that defendant had previously (in 1964) been convicted of assault with a deadly weapon, a felony. Code, § 245b) count Three, with the kidnaping of Dell Ross. Code, § 187) of John Frey count Two, with assault with a deadly weapon upon the person of Herbert Heanes, knowing or having reasonable cause to know Heanes to be a peace officer engaged in the performance of his duties (Pen. Newton appeals from a judgment convicting him of voluntary manslaughter.Ĭount One of an indictment issued by the Alameda County Grand Jury in November 1967, charged defendant with the murder (Pen. Thompson, Jr., Deputy Attorneys General, for Plaintiff and Respondent. Harris, Jr., Assistant Attorney General, Robert R. Garry, Benjamin Dreyfus and Fay Stender for Defendant and Appellant. Garry, Dreyfus, McTernan & Brotsky, Charles R. (Opinion by Rattigan, J., with Devine, P. ![]()
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