People v. Jablonski

In People v. Jablonski (2006) 37 Cal.4th 774, the defendant was charged with two first-degree murders, including one occurring during the commission of rape and sodomy. The defendant objected to several items of evidence on grounds that the evidence was more prejudicial than probative. First, in the context of a competency trial, he objected to admission of a tape recording he made two years before the proceeding in which he described the murders in graphic detail. (Id. at p. 504.) The defendant acknowledged the tape's relevancy to the extent it established his ability to recall and communicate (see, People v. Samuel (1981) 29 Cal.3d 489, 504 confession obtained one year before competency proceeding had some probative value in determining present competency) but argued it was unduly prejudicial. (Jablonski, at p. 806.) The court concluded that the evidence was not more prejudicial than probative. (Ibid.) Second, in the context of the guilt phase, the defendant objected to admission of a letter he wrote to the murder and sexual assault victim nine years before the murder. (Id. at p. 824.) The court found the letter, in which the defendant expressed his prurient interest in the victim, was relevant to the truth of the rape and sodomy charges notwithstanding the nine year time lag, because the defendant would have been unable to act on his desires any sooner because he was in prison. (Id. at p. 824.) Jablonski suggests that evidence of the defendant's mental state two years and nine years prior to a murder can be relevant to a defendant's mental state at the time of the murder.