PEOPLE V. LUPARELLO
187 Cal.App 3d 410, 231 Cal. Rptr. 832 (1987)
NATURE OF THE CASE: Luparello (Ds) challenged their respective judgments for conspiracy
to commit an assault by means of force likely to produce great bodily injury, and murder, on
the basis of prosecutorial misconduct, ineffective assistance, jury mis-instruction,
improperly admitted hearsay evidence, and insufficient evidence to support the convictions.
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 apparently 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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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