People v. Berry

Facts

Berry, a 46 year old man, married Rachel Pessah, a 20 year old girl from Israel, in California. Rachel lived with Berry for only three days, and then left for Isreal. When she returned to California, she told Berry that she was in love with someone else named Yako.

One evening, on July 22, 1974, Berry and Rachel went to a movie. When they returned home and got into bed, Rachel announced that she intended to have sex with Berry, but that she was saving herself for Yako so she wouldn’t. Berry got out of bed and prepared to leave the apartment, whereupon Rachel screamed at him. Berry choked Rachel into unconsciousness. A few hours later, Berry called a taxi for Rachel to be treated at a hospital.

On July 25, Berry went to the apartment in an attempt to talk with Rachel. However, she was not yet home. Berry stayed the night and when Rachel did return home the next day, she said, “I supposed you have come here to kill me.” Berry responded, “yes,” changed his response to “no,” and then again to “yes,” and finally stated “I have really come to talk to you.” Rachel started screaming and Berry strangled her to death with a telephone cord.

At trial, Dr. Blinder, a physician and psychiatrist, was called by defense. He testified that Rachel was depressed and suicidal. He testified that from July 13 to July 26, Rachel continually provoked Berry and it was because of this cumulative series of provocations that caused Berry to be in a state of uncontrollable rage.

Berry was found guilty and convicted of murder. He appealed, claiming that he was entitled to an instruction on voluntary manslaughter as he had requested.