[4] The court disallowed challenges for actual bias made by defendant under section 1073 of the Penal Code to four prospective jurors (J. T. Porter, S. M. Flynn, Mrs. Susie Saavedra and Mrs. Erma Behrens). They have also lived in Frankfort, IL and Clayton, NC. The State Bar Court began posting public discipline documents online in 2005. She also testified that she did not believe defendant wished to find someone who would "get rid" of Olga and that she did not want Moya and Baldonado to "do that kind of a job." I had 2 different family members call on the same day an hour apart and got 2 different lies. She has been missing from her home since 11:00 p.m. Monday, friends told police. Mr. Duncan removed himself from the case without notifying the family or defendent. Beat local competitors. Anyone with information is asked to call the Santa Barbara Police Department. Fax: Not Available, Email: Not Available 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. Frank Merlin Duncan, 75, a native of Philadelphia, Mississippi, and resident of Gray, died at 3:45 a.m. Saturday, Aug. 9, 2014.Visitation will be 5-8 p.m. Monday at Chauvin Funeral Home in Houma. (People v. [53 Cal.2d 817] Davis, 43 Cal.2d 661, 672 [276 P.2d 801]; People v. Barclay, 40 Cal.2d 146, 151-153 [252 P.2d 321].). teasing court clerks called him a "wicked wascal wabbit" behind his I simply can not understand how some of our leaders, in the face of these events, can seriously contend that the death penalty is not appropriate punishment for the perpetrators of such a crime." Frank Duncan weighed 175 lbs (79 kg) when playing. Accident & Injury Personal Injury Wrongful Death Car Accident, Divorce & Family Law Custody & Visitation, Criminal DUI-DWI Felony White Collar Crime, Accident & Injury Personal Injury Car Accident Wrongful Termination Employment, Real Estate Estate Planning Wills & Probate Trusts, Criminal DUI-DWI Misdemeanor Felony Immigration, Accident & Injury Car Accident Motorcycle Accident Wrongful Death. [6b] The requested instruction that Mrs. Esquivel was an accomplice could properly be given only if undisputed evidence established the complicity. She has been missing from her home since 11:00 p.m. Monday, friends told police. However, police said, they can find no evidence that she left Santa Barbara. Duncan received his sentence on Friday. The courtroom was crowded from Day One. Frank Duncan was born in Kansas City, MO. She admitted being in the Tropical Cafe on November 12 but claimed that she left after a social conversation with Mrs. Esquivel. He is very forgetful, and needs to have an assistant at his age. It began by Avvo has 97% of all lawyers in the US. The following article appeared in the, A Lovely Girl: The Tragedy of Olga Duncan and the Trial of One of Californias Most Notorious Killers, Excerpt from A Lovely Girl: The Tragedy of Olga Duncan and the Trial of One of Californias Most Notorious Killers, Chapter 41. https://www.lawyer.com/seal/1786120f.png, Jan. 20, 2002 12 AM PT. Shortly thereafter Frank moved back to defendant's home. Reviews. 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. She didn't think Olga was good enough for her son, who was a defense attorney with a promising career. These cookies ensure basic functionalities and security features of the website, anonymously. The licensee is presumed to be innocent of any misconduct warranting discipline until the charges have been proven. This cookie is set by GDPR Cookie Consent plugin. Would you like us to connect you with a number of different lawyers for free? DISCLAIMER: Any posted Notice of Disciplinary Charges, Conviction Transmittal or other initiating document, contains only allegations of professional misconduct. Go to My Account. May 7, 2022. Moya and Baldonado were found guilty at their trials as well. Older case records are available on request. Frank Scott Duncan, 84. How much did Frank Duncan weigh when playing? After a while they could not feel her pulse, and they dug a hole and buried her. Defendant objected to Frank's seeing Olga and telephoned her almost [53 Cal.2d 807] daily for three months. Augustine Baldonado, 28, and Luis Moya, 23, were quick to talk about Olga's murder on November 17, 1958. The attorney listings on the site are paid attorney . (See Pen. | Anna Sorokin's former lawyer plans to write a tell-all book about the fake heiress - a move that comes after she . He also relinquished on promises he made. 1. Nathaniel K. Charny - Leading Lawyer. However, we're experts at matching consumers like you with legal help. November 10, 2022: RHP Frank Duncan elected free agency. I repeat one of the worst decisions I ever made. And it was 34 . Atty. She had stalked and finally ordered the death of her pregnant daughter-in-law in an example of mother love gone wrong. However, you may visit "Cookie Settings" to provide a controlled consent. Winterstein refused but did not report the incident because he was afraid of getting into trouble as a result of the fraudulent annulment. If you check the "Remember me" box, you will be automatically signed in for 30 days to TIME.com when you visit in the future. Luis Moya and Augustine Baldonado confessed to the police that they had killed Olga Duncan, the wife of defendant's son Frank, and in their confessions stated that defendant had hired them to do the killing. Frank Duncan, Leonard Nasatir, Ward Sullivan and Burt M. Henson for Appellant. Damon was born in Texarkana, Texas but moved to Charlotte, North Carolina . Thereafter defendant offered Rudolph Romero money to "get rid" of Olga, and he refused. VI, 4 1/2.). I will kill her, if it is the last thing I do." It's always call me tomorrow at 2, or Wednesday at 1, Friday at 4 etc. 2, 54 L.Ed. She was the most notorious mother-in-law in Ventura County history. Duncan represents financial sponsors in connection with a wide range of complex and bespoke financing transactions related to their private equity, secondaries, real estate, infrastructure, mezzanine debt, and other investment funds. Olga was pregnant. After a brief uncontested hearing in which Winterstein, as the plaintiff, testified that Olga had not lived with him since their marriage, that she refused to do so, and that she had told him she had never intended "to go through with the marriage," a decree was granted to the plaintiff. Moya and Baldonado kidnapped and buried her alive in a shallow grave along Highway 150 in Ventura County. To keep the peace, Frank visited his wife in her own apartment every night, but went home to sleep at the apartment he shared with his mother. Frank Duncan (catcher) (1901-1973), American baseball player in the Negro leagues from 1920 to 1948. Olgas friends were the ones whod called the newspaper two days after shed disappeared. Los Angeles, CA WW/Press/August 16, 2017 - Frank P. Duncan (Inactive), Sole Proprietor & Attorney of Frank P. Duncan Law Office was selected for inclusion into the Top Attorneys of North America 2017 edition by The Who's Who Directories. Click to reveal The following article appeared in theSanta Barbara News: Santa Barbara News-Press onpage 5onNovember 26, 1958. FREE: Also send inquiry to other qualified local Lawyers. 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. Joining his father Terry M. Duncan and his wife Melissa Duncan, Damon practices in the areas of Workers' Compensation, Nursing Home Abuse, Medical Malpractice, Wrongful Death and Serious Automobile Accidents. Additional information is available at or by contacting Frank Duncan at (213) 621-4060. Plz go sit down and enjoy the rest of your life. In response to questions by defense counsel, he said that evidence would be required to overcome his opinion, and in the absence of evidence he would not want his wife to be tried by jurors with his present frame of mind and did not think she would receive a fair and impartial verdict from such jurors. Find Reviews, Ratings, Directions, Business Hours, Contact Information and book online appointment. Like Graham, Duncan was a woman executed with two accomplices. 1. Although he testified that his relationship with his wife was one of love and affection, he also admitted that he had never so much as talked to her in the 10 days before her disappearance. The worst mother-in-law in California was also the last woman to be executed in the state, in 1962. Next. 68 years experience in General Practice. Frank B. Duncan, 78, passed away Wednesday, July 5. Following Frank's service in the Korean War, he attended. Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Roy A. Gustafson, District Attorney (Ventura), for Respondent. 11, was the object of a police search today. when he won a case, tongue-lashed the district attorney when he lost. 880 W. 1st St. Los Angeles, CA 90012 - 2446. tragic story began with a short article that appeared in the, . RHP Frank Duncan elected free agency. Nicole Clement General Counsel. In response to questions by the district attorney and the court, he said that he would follow an instruction that he must decide the case solely on the basis of evidence presented in court, and he would not consider as evidence anything he had read or heard. Section 1073 of the Penal Code provides: "Particular causes of challenge are of two kinds: Second. On his motion all questions and answers on these subjects were stricken from the record, and the jury was instructed to disregard them. She testified further that her daughter, Patricia, was the issue of her marriage to Duncan and that her son, Frank, who was the issue of her marriage to Lowe, changed his name to Duncan. Frank Duncan was founded in 1987, and is located at 880 W 1st St Apt 602 in Los Angeles. A few days after defendant was indicted, an article quoted the district attorney at length with respect to why he was going to ask for the imposition of the death penalty. If you are accessing TIME.com on a public computer, you are advised not to click on the "Remember me" option. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Select this result to view Frank T Duncan's phone number, address, and more. He was the only child of Frank Duncan Sr. and Elizabeth Hansberg.3 Duncan Sr. was born on June 3, . The State Bar posts consumer alerts online in most instances when attorneys are placed on involuntary inactive status. She told him she had already paid $1,000 to someone else who had not done anything for her, and Moya assured her they would do the "job," and that he would call her when "everything was taken care of.". Defendant posed as Olga and Winterstein as Frank. Gustafson, the judge, and the defense team made up of S. Ward Sullivan and Frank Duncan himself all recognized how precarious this left the prosecution's position. Your Profile? Address: 880 W 1st St Apt 602, Los Angeles, CA 90012-2473, Phone: 213-621-4060 Mrs. Elizabeth Duncan stands between attorney S. Ward Sullivan and her son, attorney Frank Duncan, as she hears Judge Charles F.. Cigarette card features a photo of American Negro League baseball player . 363, 350 P.2d 115].). Frank Duncan is a 72 years old American baseball player from . The trial was just as bizarre as the crime. Code, 1076.) By understanding these terms, individuals going through a divorce can make informed decisions and ensure their rights and interests are protected. To recommend or link to this lawyer as a trusted attorney, we have provided a list of sample links. CONSUMER ALERT. Create Your Profile Today. (Cal. While Baldonado held her, Moya struck her on the head with the pistol, knocking her unconscious and breaking the handle of the gun. Of course, she may come across like a cuddly mum, but don't be deceived - it was decidedly deadly to dice with Elizabeth Ann Duncan as her daughter-in-law found out. Defendant later persuaded Mrs. Short to propose to Winterstein that he "take care of Olga." The Case of a Mother's Lethal Love. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. He further stated he would require the district attorney to establish defendant's guilt beyond a reasonable doubt, would act fairly and impartially, and would be willing to have jurors with his frame of mind try himself or a member of his family. This cookie is set by GDPR Cookie Consent plugin. Copies of official attorney discipline records are available upon request. Moya informed defendant by telephone that they had performed their "part of the bargain." FN 1. When asked if his mother tried to break up his marriage, he replied, Lets just say she hindered its development.. And Barbara Graham, an attractive gun moll, was convicted, along with two accomplices, of strangling and beating to death a wealthy disabled Burbank widow. W. Frank Duncan, Jr., age 94, passed away Thursday, March 3, 2022. The two laborers were promised $3,000 but received only $360. The three were executed Aug. 8, 1962, the last woman executed and last triple execution in . Do NOT follow this link or you will be banned from the site. by Deborah Larkin | Sep 14, 2021 | Deborah Larkin, The Remarkable Duncan Case. In response to questions by defense counsel he said that evidence would be required to overcome his opinion, and, if his wife were on trial, he would not be willing to trust her fate to 12 jurors with his present frame of mind and did not think such jurors could render a fair and impartial verdict. Traynor, J., Schauer, J., Spence, J., McComb, J., Peters, J., and White, J., concurred. https://www.lawyer.com/seal/d/featured-medium.png, View attorney's profile for reviews, office locations, and contact information. THE PEOPLE, Respondent, v. ELIZABETH ANN DUNCAN, Appellant. 11, was the object of a police search today. Mrs. Reed replied that she would think the matter over, and later she informed Frank of the proposal his mother had made to her. He said further that he would act fairly and impartially, and on the presentation of evidence he would be satisfied to have himself or his wife tried by a juror with his frame of mind. Olga Duncan, 30, of 114 Garden Street, Apt. Known as The Duchess, she led a San Francisco crime gang. 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. The State Bar has placed this attorney on involuntary inactive status. Mrs. Duncan is the wife of Santa Barbara attorney Frank Duncan and was home alone Monday night after she said goodbye to two friends who visited her at her apartment. 880 West First Street#602Los Angeles, CA 90012. They would later say that if they had known Olga was pregnant, they would not have killed her. or policies of external websites or for those of subsequent links. . Section 1076 declares that a juror is not disqualified for actual bias because he has formed an opinion as to guilt founded upon public rumor, statements in public journals, circulars, or other literature, or common notoriety, provided it appears to the court that he will act fairly and impartially. The People were also permitted, over objection, to introduce court records which showed that defendant had defaulted in an annulment action brought by Duncan against her and had thus failed to deny an allegation of the complaint that she was the wife of another when she married Duncan. When Olga came to the door, Moya told her that her husband was in the car, drunk, and asked for help, and she went with him to the car. Defendant said that Olga was threatening her and demanding money, and she asked Mrs. Diaz to help find a man to "get her out of town." Later, after defendant had met Moya and Baldonado, she telephoned Mrs. Diaz and asked, "Becky, do you remember what we talked about?" Not Available. In 1948, Ma Duncan was living in Long Beach with the youngest of her six children, Patsy Ann, 15. Leave a sympathy message to the family in the guestbook on this memorial page of Frank Gerard Duncan to . Frank Lee Duncan, 53, of Loganville, was sentenced to three concurrent life sentences in confinement plus 20 years by Judge Samuel Ozburn at his sentence hearing on Friday for two counts of aggravated sexual battery, nine . He stated, however, that he felt he could completely set aside his opinion, that it would not have a tendency to influence [53 Cal.2d 814] his verdict, and that it would not prevent him from acting fairly and impartially. He was an avid. On returning to Santa Barbara, Moya and Baldonado hid their bloody clothes and the seat covers of the car. The best result we found for your search is Frank Mckinley Duncan age 80+ in State Road, NC. Larkin says Frank and Olga got married in June of 1958. 6, 10-11 [112 P. 720, Ann.Cas. Six years later, Louise Peete was sent to the gas chamber for robbing and killing a woman who had befriended her while she was in prison. It does not store any personal data. Before moving to Frank's current city of Covina, CA, Frank lived in Los Angeles CA. 2. Website: 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. Select from premium Frank Duncan of the highest quality. As the two dated and fell in love, Ma Duncans health returned and her wrath grew. About. 2. Get more reviews from your customers with Birdeye. https://www.lawyer.com/seal/d/verified-small.png, Consent to Receive Messages from all messaging and voice technologies including Email, Text, Phone, University of California, Hastings College of the Law, Lawyer.com Verified: Frank Patrick Duncan, What To Do If Stopped By The Police For DUI/DWI, What to Expect During a Functional Capacity Evaluation (FCE). When Frank told his mother, she became hysterical. While she was recuperating, Frank got to know her nurse, 30-year-old Canadian-born Olga Kupczyk. It is with deep sorrow that we announce the death of Frank Gerard Duncan of Prescott, Michigan, born in Detroit, Michigan, who passed away on July 15, 2021, at the age of 66, leaving to mourn family and friends. But it didnt work out that way. Before she hired two thugs to murder the wife, Ma Duncan had tried to break up their marriage by impersonating her daughter-in-law at an annulment hearing and paying a stranger to pose as her son. 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. Birthday: February 14, 1901. Friends said she is expecting a baby in two months. Baldonado was then in the back seat pretending that he was Frank. Defendant cashed a check which Frank had given her to pay for a typewriter, and she met Moya by appointment in a downtown store in Santa Barbara, where she handed him an envelope containing $150. All rights reserved. Select this result to view Frank Mckinley Duncan's phone number, address, and more. Born in Barberton, November 8, 1938, he resided in Canal Fulton for the past 20 years. One of the newspaper articles stated that at the time of arraignment there were about 1,000 persons in the courtroom and adjoining corridors, that many of the spectators were hostile to defendant, and that one of them attempted to strike her. She told her girlfriends and wrote to her parents about her fears. 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. They considered several plans and finally decided that Moya and Baldonado would kidnap Olga, take her across the border and kill her in Tijuana. The statements of the four challenged jurors show that their opinions were based upon information obtained from newspapers, radio, or television and upon discussions with various people. All of his witnesses either were available at the time of trial or in the case of experts could have been available at the time of trial if Mr. Duncan had sought out such . By Meagan Hurley. (Cf. Frank I. Duncan (1858-1946) MSA SC 3520-14459. Frank Duncan defended his mother, joined by Los Angeles attorney S. Ward Sullivan. Frank Gerard Duncan Obituary. Write A Review. 360, 350 P.2d 112]; People v. Baldonado, post, p. 824 [3 Cal.Rptr. [1] The evidence is amply sufficient to support the jury's determination that defendant was guilty of murder in the first degree. The cookie is used to store the user consent for the cookies in the category "Analytics". clacked the gossips around the Santa Barbara, Calif, courthouse. What was even more surprising was that Frank married again, secretly, during Ma's trial! No stranger to 'Californication', Duncan experienced . 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. , we have provided a list of sample links founded in 1987, and they dug a hole and her! Ensure their rights and interests are protected missing from her home since p.m.... 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Frankfort, IL and Clayton, NC the death of her pregnant daughter-in-law in an example of love... Shed disappeared and fell in love, Ma Duncans health returned and her wrath grew the most notorious mother-in-law Ventura! Of official attorney discipline records are available upon request upon request professional misconduct | Deborah Larkin Sep! Information and book online appointment, 2022 B. Duncan, Leonard Nasatir, Sullivan! The rest of your life attorney, we have provided a list of sample.! In Canal Fulton for the past 20 years during Ma & # x27 ; s phone number,,... Attorney discipline records are available upon request would not have killed her 1938, he resided in Canal Fulton the. Ones whod called the newspaper two days after shed disappeared friends told police down and enjoy rest. Official attorney discipline records are available upon request 4 etc love gone wrong Barbara News-Press onpage 5onNovember,! On his motion all questions and answers on these subjects were stricken from the site are paid attorney known the... Best result we found for your search is Frank Mckinley Duncan age 80+ in Road. Features of the website, anonymously example of mother love gone wrong 11:00 p.m.,! Of sample links her parents about her fears provides: `` Particular causes of are.