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Criminal Law Keyed to Kennedy
People v. Ellena Starr Nesler
Citation:
16 Cal. 4th 561 (1997)Facts
Daniel Driver allegedly raped defendant’s son, W., at a Christian camp where Driver worked. Driver told W., who was then seven years of age, that Driver would kill him, his sister, and the defendant if W. told anyone what had happened. Several months later, W. disclosed to defendant what Driver had done. In May 1989, a complaint was filed against Driver, however, he had fled and was not apprehended until late 1992 or early 1993.
During this period, W. became hypervigilant and expected Driver to kidnap and kill him. He also began asking defendant questions about suicide, and once defendant found him with a gun.
The defendant protested when she learned that W. would have to face Driver at the hearing. She suggested videotaping W.’s testimony, but that alternative was unavailable; defendant then asked that the hearing at least be closed to the public. On the morning of the hearing, W. began vomiting and continued to do so after he arrived at the courthouse. Defendant appeared nervous, upset, and extremely anxious about W. She told an investigator that W. might not be able to testify, and she attempted to reassure and encourage the boy. When Driver arrived at the courthouse for the hearing, he looked at W. and grinned. Defendant again asked someone from the district attorney’s office whether the courtroom could be closed, but an open hearing was held.
After W. entered the waiting room for witnesses, he continued to vomit. The mother of one of the other boys said that she did not believe her testimony had gone well, and that Driver had smirked at her and her son when they testified. This woman also said that she was convinced Driver was “going to walk,” and that she wanted to get a gun and kill him. She told defendant to try to do better than she and her son had done. After this exchange, defendant became nervous and started pacing.
Defendant and W. were to be the last witnesses to testify. When defendant entered the courtroom, she pulled out a gun and shot Driver five times in the left side of the head and neck. Driver was killed almost instantly.
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