During the period that she was making payments to Moya and Baldonado, defendant was questioned by Frank about the check he had given her to pay for a typewriter, and she told him she was being blackmailed. He did not know if the people with whom he talked had personal knowledge of the case, but he was "sure they didn't or they would have said so." Call 800-840-0600 today! At defendant's request Mrs. Romero went to Olga's apartment to "look the place over," and Olga answered the door. Mercedes Farrando President, Beacon Concepts. She is employed as a surgical nurse at Cottage Hospital. Juror Behrens stated that she had formed an opinion that defendant was guilty from reading newspapers and discussing the case with quite a few people including persons who came into the cleaning establishment where she was employed. Thus it was a question of fact whether she had the guilty knowledge and intent necessary to make her an accomplice, and the trial court did not err in refusing to instruct the jury as a matter of law that she was an accomplice. One of the top catchers in the Negro . Frank Duncan Frank Duncan (1913 - 1991) Jump to: Biography Memories . today! Attorney in Los Angeles, California 90012 . (213) 621-4060. Fax: Not Available, Email: Not Available (See People v. Burwell, 44 Cal.2d 16, 30 [279 P.2d 744].). The crime was obviously a topic of conversation by the public generally, and such cases are usually discussed upon the basis of news reports and rumor. Defendant later persuaded Mrs. Short to propose to Winterstein that he "take care of Olga." Before moving to Frank's current city of Covina, CA, Frank lived in Los Angeles CA. The arrangements for the crime were made in Santa Barbara County, and neither the victim nor defendant lived in Ventura County. If a case number begins with 18 or lower, theres no need to add SBC. What was even more surprising was that Frank married again, secretly, during Ma's trial! ), [6a] The trial court refused to give an instruction requested by defendant that Mrs. Esquivel was an accomplice. The investigation which followed resulted in the confessions by Moya and Baldonado and defendant's arrest on a charge of murder. Defendant contends that these questions tended to degrade and debase her and that the error was not cured by the admonition of the court. The first woman to die in San Quentins gas chamber was Juanita Spinelli, in 1941. May 7, 2022. . She has been missing since November 17. Elizabeth was supposed to pay them $6,000 to take out her daughter-in-law. Baldonado was then in the back seat pretending that he was Frank. Updated: November 5, 2011 . During her last hours she had appeared serenely confident that. Olga feared for her life and that of her unborn baby. It was Aug. 8, 1962. I am innocent. Frank wasnt there; he was working on getting his mothers execution delayed. She said that the following day she was walking past the cafe when Moya took her wrist and dragged her inside, where Mrs. Esquivel, in the presence of Moya and Baldonado, expressed dissatisfaction with Frank's legal services and demanded the return of the fee paid to him, threatening to kill him and defendant if the money was not returned. An affidavit by the undersheriff of Ventura County averred that no more than 200 persons were in the courtroom and the corridor at the time of arraignment, that he had made numerous inquiries about the asserted effort of a spectator to strike defendant, and that the only person whose name was given to him as having seen the incident was an investigator for defendant. Services entrusted to Charles Mackey Funeral Home. Olga's body was disinterred on December 21, and an autopsy surgeon found that Olga had been pregnant and that her death was caused by head wounds, strangulation, or suffocation such as would be produced by being buried alive. The jury found her guilty of murder in the first degree and fixed the punishment at death.pursuant to stipulation, the court sitting without a jury passed upon the sanity issue, and defendant was found to have been sane at the time of the commission of the offense. The State Bar relies on attorneys to maintain accurate and updated website listings 78.129.141.250 She offered Mrs. Reed $1,500 to assist her in killing Olga. Also known as Wil F Duncan, Franklin Duncan, W Duncan, Duncan Franklin. On the other hand, the questioning by the district attorney had an obvious tendency to degrade defendant since it injected into the case insinuations that she had committed bigamy and adultery and was the mother of two illegitimate children. Mrs. Romero recognized her as a nurse who had cared for her several years earlier, and she left after a short visit. How many seasons did Frank Duncan play? | All her identification was left at her apartment, apparently. Other statements which the district attorney was reported to have made were that he had evidence this was not the first time defendant sought to hire someone to kill Olga, that, as far as he was concerned, Moya and Baldonado were not blackmailing defendant but were demanding "the pay they were promised for the job they did," and that defendant's jealousy of Olga was the major motive for the crime. He is admitted to practice by the California State Bar. Nathaniel K. Charny - Leading Lawyer. Dominate search results. Biography: . *The birth of Frank Duncan in 1901 is celebrated on this date. She is expecting a baby in 2 months. November 10, 2022: RHP Frank Duncan elected free agency. . 1. Ma Duncan, fearing the men would spill their murderous secret, told her son that they had been blackmailing her about the annulment she tried to stage. A number of considerations thus militated against the conclusion that the publicity complained of had the effect of creating throughout the county a state of mind requiring a change of venue. On the evening of November 17, 1958, Moya and Baldanado rented a car from a friend for $25. She has been missing from her home since 11:00 p.m. Monday, friends told police. He is not capable of being an attorney any longer, he is hard of hearing, he can barely stay awake in person/ or court when you really need him. Mrs. Esperanza Esquivel, who owned the cafe, and her husband had been charged with receiving stolen property, and Frank, as their attorney, had obtained a dismissal of the case against her and was seeking probation for her husband, who had pleaded guilty. Protecting the public & enhancing the administration of justice. However, you may visit "Cookie Settings" to provide a controlled consent. On returning to Santa Barbara, Moya and Baldonado hid their bloody clothes and the seat covers of the car. Sims Duncan. The State Bar Court began posting public discipline documents online in 2005. Moya and Baldonado kidnapped and buried her alive in a shallow grave along Highway 150 in Ventura County. Frank P. Duncan Attorney at Law 880 W. 1st Street Los Angeles, CA 90012 Read More. The owl-eyed lawyer was arrogant and humorless, lisped so noticeably that teasing court clerks called him a "wicked wascal wabbit" behind his back. Former Gov. Write A Review. She wrote bad checks, used false names and once served 30 days in jail in San Francisco for running a brothel. Moya said that he and Baldonado would need money for transportation, a weapon, and gloves. A quarrel ensued, and he left with her. He played on semi-pro teams in St. Joseph, Missouri, and Chicago before he was traded to the Kansas City Monarchs in 1921. How tall was Frank Duncan? Attorney Frank P. Duncan. Includes Address (8) Phone (11) Email (15) See Results. boy. 4 This statute was obviously enacted in recognition of the fact that some cases are given widespread publicity in advance of trial and that persons who may be called upon to act as jurors may read or hear what is reported, discuss the subject with others, and even form opinions as to the guilt of the accused. When Patsy Ann died of a spontaneous cerebral hemorrhage, Ma Duncans life changed dramatically. The worst mother-in-law in California was also the last woman to be executed in the state, in 1962. Resides in Fairfield, CA. By understanding these terms, individuals going through a divorce can make informed decisions and ensure their rights and interests are protected. Defendant placed particular emphasis on newspaper reports of statements made by the district attorney during the investigation in the latter part of December, 1958. This cookie is set by GDPR Cookie Consent plugin. For more information, please visit TIME's Privacy Policy. But opting out of some of these cookies may affect your browsing experience. Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Roy A. Gustafson, District Attorney (Ventura), for Respondent. Copyright 2023 The State Bar of California, Disciplinary charges filed in State Bar Court. Refresh this page to see various historical events that occurred during Frank's lifetime. Editor's note. [53 Cal.2d 808]. This website uses cookies to improve your experience while you navigate through the website. On their way out of Santa Barbara, they drove to the beach, where they stopped because Olga was screaming and struggling. As an idealistic teenager, I was in the Ventura County CA courtroom in 1959 when Elizabeth "Ma" Duncan was sentenced to death for the vicious murder-by-hire of her son Frank's pregnant wife. [6b] The requested instruction that Mrs. Esquivel was an accomplice could properly be given only if undisputed evidence established the complicity. March 16, 2020 Editor Uncategorized 0. Frank stayed at defendant's home until the end of June, visiting Olga in her apartment. Biography ID: 63878979 . Elizabeth Duncan, 58, Dies in Gas Chamber San Quentin, Cal., Aug. 8 (UPI)-Mrs. Elizabeth Ann Duncan, 58, was executed in the San Quentin gas chamber today for arranging the murder of her pregnant daughter-in-law out of jealous love for her son, Frank. She would not want to trust her fate or that of a loved one to 12 jurors with her present frame of mind and did not feel such jurors could return an absolutely fair and impartial verdict. However, she did not go to work yesterday and did not notify the hospital of her whereabouts. These cookies track visitors across websites and collect information to provide customized ads. The legality of defendant's marriages to Lowe and Duncan was not relevant to any issue in the case, and attacking the credibility of defendant on the point was of little, if any, importance to the prosecution. Avvo has 97% of all lawyers in the US. Easy, done. While she was recuperating, Frank got to know her nurse, 30-year-old Canadian-born Olga Kupczyk. fn. Appointed State Insurance Commssioner by Governor Edwin Warfield in 1904. Despite the prosecutions 44 witnesses, including the hit men, Ma Duncan steadfastly denied any knowledge of the crime. Frank Duncan, Leonard Nasatir, Ward Sullivan and Burt M. Henson for Appellant. owl-eyed lawyer was arrogant and humorless, lisped so noticeably that Four weeks after the trial began, Ma Duncan was convicted of first-degree murder and sentenced to be executed. husband when Frank was a child, held her son's hand in court, applauded Traynor, J., Schauer, J., Spence, J., McComb, J., Peters, J., and White, J., concurred. Back; Search Tools. After three years of appeals, Ma Duncan walked into the gas chamber with poise and dignity--head held high, her face betraying no emotion--but without her trademark horn-rimmed glasses. They would later say that if they had known Olga was pregnant, they would not have killed her. The worst mother-in-law in California was also the last woman to be executed in the state, in 1962. 6, 10-11 [112 P. 720, Ann.Cas. It was also shown that there were approximately 170,000 people in Ventura County. Elizabeth Ann "Ma" Duncan was 58 . He did not know whether the people with whom he talked had personal knowledge of the case; he thought they were relating what they had read. fn. They discussed how much this would be worth to defendant and agreed that she would pay $3,000 when the "job" was done and $3,000 within three to six months. They drove to Olga's apartment and Moya rang the bell while . Ma Duncans 1959 trial focused a harsh spotlight on Ventura County, where the prosecution painted a grim portrait of an overbearing, obsessed and terrifying mother, consumed with an intense hatred for her pregnant daughter-in-law and a perverse love for her son--so much that she resorted to murder to separate him from his wife. The Duncan case is one in a series of historical tours offered by the city, she said. Log Out. Leave a sympathy message to the family in the guestbook on this memorial page of Frank Gerard Duncan to . Life x 3 for child molester. Anyone who believes they have been the victim of attorney misconduct is urged to file a complaint with the State Bar. In a challenge for actual bias, the cause stated in the second subdivision of section one thousand seventy-three must be alleged; but no person shall be disqualified as a juror by reason of having formed or expressed an opinion upon the matter or cause to be submitted to such jury, founded upon public rumor, statements in public journals, circulars, or other literature, or common notoriety; provided, it appear to the court, upon his declaration, under oath or otherwise, that he can and will, notwithstanding such an opinion, act impartially and fairly upon the matters to be submitted to him. She has not been seen since. Your Profile? When the harassment and threats didnt work, Ma Duncan began to offer money to friends to help her kill Olga. Olga feared for her life and that the error was not cured the! Warfield in 1904 Address ( 8 ) Phone ( 11 ) Email ( )! 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