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He retired from the Akron Police Department as a Captain, with 33 years of service. In order to come within this definition a person must have guilty knowledge and intent with regard to the commission of the crime. The trial was just as bizarre as the crime. At defendant's request Mrs. Romero went to Olga's apartment to "look the place over," and Olga answered the door. To search for a case, please copy the case number displayed above and click Search for a Case. Defendant later persuaded Mrs. Short to propose to Winterstein that he "take care of Olga." Before the gas enveloped her, she said, Wheres Frank? These cookies ensure basic functionalities and security features of the website, anonymously. 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. The Duncan case is one in a series of historical tours offered by the city, she said. 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. The state charged it was jealousy over sharing Frank's affections with Olga that drove Mrs. Duncan to hire Moya and Baldonado to kill her daughter-in-law, a onetime nurse from Canada. Defendant told Mrs. Diane Romero, whose husband Rudolph was a client of Frank, that Olga was blackmailing Frank and asked her to help "get rid" of Olga. They drove to Olga's apartment and Moya rang the bell while . Frank Duncan defended his mother, joined by Los Angeles attorney S. Ward Sullivan. 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. A quarrel ensued, and he left with her. Go to My Account. Mercedes Farrando President, Beacon Concepts. Her execution--seven years before Ma Duncans--was graphically and sympathetically depicted in the 1958 Oscar-winning Susan Hayward film I Want to Live.. Weeks later, both men were arrested on unrelated charges. Among them was a carhop to whom she offered $1,500 to throw acid in Olgas face and then push her off a cliff. 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." Fax: Not Available, Email: Not Available Five years earlier, Sullivan had lost the case defending Jack Santo and Emmett Perkins, the accomplices of good . NOTE: Only Published Opinions may be cited or relied on as precedent in State Bar Court proceedings. She died first, and alone. Moya said that he and Baldonado would need money for transportation, a weapon, and gloves. 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. Frank Duncan defended his mother, joined by Los Angeles attorney S. Ward Sullivan. 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. Published by The Advocate on Apr. I will kill her, if it is the last thing I do." 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.". Birdeye helps millions of local businesses to be found online with all their reviews and accurate business information. Const., art. (People v. Hardy, 33 Cal.2d 52, 61-62 [198 P.2d 865].) Elizabeth Ann Duncan (born Hazel Lucille Sinclaira Nigh (1904 in Kansas City, Missouri - August 8, 1962) was an American murderess. Frank is related to Bytha Parsons Duncan and Janice Layell Shermer. Frank Duncan, American painter (1915-) Birth Place: Kansas City Missouri Country: United States. Case details that can effectively describe the legal situation while also staying concise generally receive the best responses from lawyers. 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. The best result we found for your search is Frank Mckinley Duncan age 80+ in State Road, NC. Copies of official attorney discipline records are available upon request. She offered Mrs. Reed $1,500 to assist her in killing Olga. Known as The Duchess, she led a San Francisco crime gang. If you are a practicing lawyer without a LawyerID prominently displayed on your Lawyer.com profile, please call 800-840-0600 to receive one. https://www.lawyer.com/seal/d/featured-small.png, All points bulletins were sent to police departments in California and neighboring states. Leading Lawyer Association; Top Attorney Los Angeles CA; Top Attorneys of North America; Previous. or policies of external websites or for those of subsequent links. Baldonado was then in the back seat pretending that he was Frank. The State Bar has placed this attorney on involuntary inactive status. She was possessive and didnt want anyone interfering in Franks life or career, or coming between her and mamas little boy., In June 1958, Frank and Olga were married. Pity the girl who marries Frank Duncan, After a while they could not feel her pulse, and they dug a hole and buried her. Moya and Baldonado kidnapped and buried her alive in a shallow grave along Highway 150 in Ventura County. Ma fronted the killers $175 for expenses. To recommend or link to this lawyer as a trusted attorney, we have provided a list of sample links. He was an avid. July 19, 2022 . Prabin Kanel Chief Information Officer. David Greenblatt Executive Vice President, Finance. The State Bar relies on attorneys to maintain accurate and updated website listings Traynor, J., Schauer, J., Spence, J., McComb, J., Peters, J., and White, J., concurred. All rights reserved. Baldonado then "tied her up" with the tape, and they continued on out of town. 3 These jurors were removed by peremptory challenges exercised by defendant, but later, before a jury was obtained, she exhausted the 20 peremptory challenges available to her, and she claims that she [53 Cal.2d 813] would have used such challenges, had they not been exhausted, to remove three jurors who tried the case, even though she did not challenge those jurors for cause. Leave a sympathy message to the family in the guestbook on this memorial page of Frank Gerard Duncan to . She had stalked and finally ordered the death of her pregnant daughter-in-law in an example of mother love gone wrong. This article provides an overview of the key legal terms and phrases associated with divorce, including alternative dispute resolution, nonmarital property, prenuptial and postnuptial agreements, alimony, and decrees. The State Bar has placed this attorney on involuntary inactive status. 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. Police soon became suspicious about Olgas disappearance and pressed the men, who confessed and implicated Ma Duncan. She is employed as a surgical nurse at Cottage Hospital. Mary Corthell Executive Vice President, Asset Management. She also stated that she would be satisfied to have someone near and dear to her tried by jurors who, like herself, could and would set aside their opinions and decide the case solely upon the evidence and the instructions of the court. Top 3 Results for Frank Duncan in TN. Alessandra Quagliata De Vaca Chief Human Resources Officer. Later, after defendant had met Moya and Baldonado, she telephoned Mrs. Diaz and asked, "Becky, do you remember what we talked about?" After Frank left for work each morning, his mother telephoned Olga or went to her apartment to threaten the woman, hoping to scare her out of town. Santa Barbara News-Press November 19, 1958. Although it is not always possible to cure error in this manner, for example, where the objectionable evidence goes to the main issue and the proof of guilt is not clear and convincing, the jury, under ordinary circumstances, is presumed to obey the court's instructions and disregard the evidence. After his mothers execution, he moved to Los Angeles, where he practiced law and never again made headlines. The courtroom was crowded from Day One. Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Roy A. Gustafson, District Attorney (Ventura), for Respondent. Even if we accept defendant's contentions that the evidence objected to was inadmissible, it is clear that it did not go to the main issue in the case, and we must assume that the jury obeyed the court's instructions to disregard it. A short time later they had trouble with the car, and, instead of following their original plan of going to Mexico, they drove into the mountains near Ojai, in Ventura County. 880 West First Street#602Los Angeles, CA 90012. Frank and Olga were secretly married on June 20, 1958, and when defendant learned of the marriage she declared that she would not allow them to live together. 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. Frank Duncan Frank Duncan (1913 - 1991) Jump to: Biography Memories . The men panicked and pistol-whipped her so hard that they broke the borrowed gun. [9] The district attorney was also permitted to question defendant, over objection, as to whether Frank had made his home with her during her marriage to several men. Frank Patrick Duncan is an attorney in Los Angeles, CA. (See People v. Burwell, 44 Cal.2d 16, 30 [279 P.2d 744].). 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." Frank Duncan weighed 175 lbs (79 kg) when playing. 8 August 1962 - Elizabeth Duncan. [6b] The requested instruction that Mrs. Esquivel was an accomplice could properly be given only if undisputed evidence established the complicity. These cookies will be stored in your browser only with your consent. When asked if his mother tried to break up his marriage, he replied, Lets just say she hindered its development.. 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. (Cf. Plz go sit down and enjoy the rest of your life. No one has reported seeing her since friends left her Garden Street apartment about 11:00 that night, police said. 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 . About the middle of July 1958 defendant told Mrs. Barbara Reed, whom she had known for several years, that Olga had become pregnant by another man and was trying to "frame" Frank. Elizabeth Duncan. She did not believe or disbelieve what any of them said. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. She told her girlfriends and wrote to her parents about her fears. . . Website: Also known as Wil F Duncan, Franklin Duncan, W Duncan, Duncan Franklin. Help: 800-840-0600. 1924 - 2000 World Events. It was also shown that there were approximately 170,000 people in Ventura County. November 10, 2022. Frank Duncan is 94 years old today because Frank's birthday is on 11/07/1928. fn. Official discipline information can be found on an attorney's profile and in the State Bar Court case search. 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. 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. Police caught on to Ma Duncan, and her hired hands confessed all too easily. This website is using a security service to protect itself from online attacks. 2. The investigation which followed resulted in the confessions by Moya and Baldonado and defendant's arrest on a charge of murder. She lured several husbands on the false promise of money coming her way, and she once lied about her age to another husband--one of her sons law school classmates--even promising that she would give him a baby. 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. Inside the crisis transforming the Southwest, Rain check! Mrs. Romero recognized her as a nurse who had cared for her several years earlier, and she left after a short visit. However, we're experts at matching consumers like you with legal help. Meet the Staff . Moya and Baldonado were found guilty at their trials as well. You can email the site owner to let them know you were blocked. Mrs. Diaz agreed to notify defendant if she found anyone. He was born January 2, 1928 in Duncan, SC to W. Frank, Sr. and Agnes Sims Duncan. She would follow an instruction that guilt must be proved beyond a reasonable doubt before defendant could be convicted, and she would act fairly and impartially notwithstanding her opinion. Instead, she took an overdose of sleeping pills. THE PEOPLE, Respondent, v. ELIZABETH ANN DUNCAN, Appellant. Elizabeth Ann Duncan was her name, but she became known simply as Ma Duncan. 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. service, and no attorney-client or confidential relationship is or should be formed by the use of this site. Defendant posed as Olga and Winterstein as Frank. Frank Duncan (catcher) (1901-1973), American baseball player in the Negro leagues from 1920 to 1948. License Status: 1021]; Spies v. Illinois, 123 U.S. 131, 170 et seq. Includes Address (8) Phone (11) Email (15) See Results. On March 16, 1959, after 4 hours and 51 minutes of deliberation, Ma was found guilty. FN 3. Next. 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. Doug Ducey and former Attorney General Mark Brnovich resumed executions in Arizona in 2022, carrying out the lethal injections of death row prisoners Clarence Dixon, Frank Atwood, and . Back; Search Tools. LawyerID's identify each individual within Lawyer.coms directory of 2M global lawyers and help to ensure that the most accurate, up-to-date records are being kept on every lawyer. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. City police are sending copies of a photograph of Olga Duncan to other police departments on this coast today in a continuing search for the woman. (People v. Daugherty, 40 Cal.2d 876, 889-890 [256 P.2d 911]; People v. Wallace, 6 Cal.2d 759, 764-765 [59 P.2d 115]; People v. Edwards, 163 Cal. The State Bar posts consumer alerts online in most instances when attorneys are placed on involuntary inactive status. Wrong address? The facts stated below are summarized from the testimony of a number of witnesses. In 1956 defendant moved to Santa Barbara with her 27-year-old son, Frank, an attorney who was then unmarried. She admitted being in the Tropical Cafe on November 12 but claimed that she left after a social conversation with Mrs. Esquivel. Frank Patrick Duncan is an attorney serving Los Angeles, CA. Call 800-840-0600 today! 360, 350 P.2d 112]; People v. Baldonado, post, p. 824 [3 Cal.Rptr. Elizabeth Ann "Ma" Duncan was 58 . He also relinquished on promises he made. The cookie is used to store the user consent for the cookies in the category "Performance". 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. 1. Effective Date: October 1, 2022. Copyright 2023 The State Bar of California, Disciplinary charges filed in State Bar Court. Frank met Olga at the hospital, and after his mother was released they began dating. On December 21, 1958, Elizabeth "Ma" Duncan hired Lewis Estrada Moya and Augustine Baldonado to murder her daughter-in-law, Olga Duncan. Frank Duncan, Leonard Nasatir, Ward Sullivan and Burt M. Henson for Appellant. . It was all also highly prejudicial, utterly irrelevant to whether Duncan orchestrated her daughter-in-law's murder, and strong grounds for a mistrial. By understanding these terms, individuals going through a divorce can make informed decisions and ensure their rights and interests are protected. 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. 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