"You Shall Suffer the Death Penalty": Judge Tynan Sentences Richard Ramirez, 1989

Name: "You Shall Suffer the Death Penalty": Judge Tynan Sentences Richard Ramirez, 1989
Uploaded: 2023-11-07T00:00:00Z
Duration: 4 min 51 s
Description: CBS archive footage of Judge Michael Tynan reading the formal judgment of death on Richard Ramirez in Los Angeles County Superior Court on November 7, 1989, with a reporter's live report from outside the courtroom.

CBS archive footage of Judge Michael Tynan reading the formal judgment of death on Richard Ramirez in Los Angeles County Superior Court on November 7, 1989, with a reporter's live report from outside the courtroom.

Subject: Richard Ramirez
Recorded: about November 7, 1989
Runtime: 4:51

Content warning: Concerns a death sentence for murders (the case included sexual assaults); the counts are read only by number. No graphic detail.

The Interview

This is not an interview, and Richard Ramirez is not heard in it. It is CBS archive footage from the day of his sentencing in Los Angeles, November 7, 1989. A reporter outside the courtroom sums up the hearing; then, inside the court, Judge Michael Tynan reads the formal judgment of death, orders the record sent to the governor, tells Ramirez that his appeal is automatic, and closes the proceedings.

Historical Context

Ramirez, known in the press as the "Night Stalker", committed a series of nighttime home invasions in California in the mid-1980s. A Los Angeles jury convicted him on September 20, 1989, on all 43 counts, including 13 murders, five attempted murders, 11 sexual assaults and 14 burglaries. On October 4, 1989, the jury returned a verdict of death.

Circumstances

According to the reporter, Judge Tynan found no mitigating circumstances, some victims and relatives of victims spoke, and Ramirez addressed the court, saying he thought it was a waste of time. On tape, the judge confirms that he denied the motion for a new trial and the application for modification of the verdict on the same day.

What the Recording Covers

The judge recites the murder counts (counts 2, 5, 8, 9, 11, 13, 20, 24, 29, 30, 32 and 40 of the information), the jury's special-circumstance findings under Penal Code section 190.2 and its death verdict of October 4, 1989. He then pronounces the death penalty "for each of the 19 special circumstances found true", to be carried out at San Quentin, remands Ramirez to the sheriff of Los Angeles County for delivery to San Quentin within 10 days, and signs the judgment in open court. He orders the trial record transmitted to the governor under Penal Code section 1218, advises Ramirez of his automatic appeal to the state Supreme Court, and denies what appears to be bail on appeal (the words are unclear on the tape). He addresses defense counsel (Mr. Hernandez and Mr. Clark) about representation on appeal and thanks the District Attorney's office.

What Makes the Recording Significant

It preserves the formal words of the death judgment, read from the bench, in footage from the broadcaster's own archive.

Archival Importance

Footage of this hearing appears in many documentaries, usually in fragments; this upload carries about four minutes of the judge's pronouncement as recorded on the day.

Important Caveats

Ramirez is not heard, although the reporter says he spoke. He was sentenced to death on 19 special circumstances; the clip does not include the sentences for his other felonies. A deputy district attorney thanked by name cannot be identified from the machine text. Ramirez was never executed: he died of complications of B-cell lymphoma on June 7, 2013, while still on death row.

Reporter: Well, it's still a crazy scene outside of Judge Tynan's courtroom here in downtown Los Angeles. The hearing, the final sentencing hearing for Richard Ramirez, is now finally over. And as you said, the judge said he could find no mitigating circumstances. In other words, he could find no reason to not accept the jury's recommendation: that is, guilty on all counts, and the death penalty in the gas chamber at San Quentin on all counts. Everybody got their say in this final hearing today. Some of the victims had a chance to speak, some of the families of the victims. And Richard Ramirez also got his chance to speak in court today. Uh, he walked into the courtroom very quietly, but then he, uh, said he wanted to address the judge, even though he thought it was a waste of time.

Judge Michael Tynan: ...for the offenses of murder as charged in counts 2, 5, 8, 9, 11, 13, 20, 24, 29, 30, 32 and 40 of the information, of which you previously, [unclear: "to wit" / "delit"], on September 20, 1989, were found guilty; the jury having found the offenses of murder to be first degree; the jury having returned findings that the special circumstances alleged in the information under California Penal Code section 190.2(a)(3), 190.2(a)(17)(3), 190.2(a)(17)(4), 190.2(a)(17)(6) and 190.2(a)(17)(7) were true; and the jury having previously, to wit, on October 4, 1989, found that the penalty shall be death; and this court having on November 7, 1989, denied your motion for new trial and application for modification of verdicts and findings imposing the death penalty, it is the order of this court: you shall suffer the death penalty for each of the 19 special circumstances found true, said penalty to be inflicted within the walls of the state prison in San Quentin, California, in the manner prescribed by law and [unclear: "at a time to be fixed" / "at that time be fixed"] by this court in the warrant of execution.

Judge Michael Tynan: You are remanded to the care, custody and control of the sheriff of Los Angeles County, to be by him delivered to the warden of the state penitentiary at San Quentin, California, within 10 days from the date hereof, in the usual course of his duties, for the execution of the sentence on the offenses of murder in the first degree contained in counts 2, 5, 8, 9, 11, 13, 20, 24, 29, 30, 32 and 40 of the information, of which you have been found guilty, and the 19 special circumstances [unclear: "having been found" / "haven't been found"] to be true; to be held by him pending the final determination of your appeal in this matter, which is automatic, and said sentence to be executed upon the final determination of said appeal; and [unclear: "the order" / "in order"] to be held by him during said period of time until further order of this court. It is so ordered, and this is signed and done in open court the 7th day of November, 1989. And now signed. [02:48 to 02:56: no speech.]

Judge Michael Tynan: Done. Pursuant to section 1218 of the Penal Code, the court orders that [unclear: "a statement of the commitment of judgment" / "a statement for commitment of judgment"] and copy of the transcript of all the testimony given in all phases of the trial, including arguments made by the respective counsel, together with a copy of the [unclear: "clerk's manuscript" / "court's manuscript"], shall be transmitted to the governor by mail. At this time, Mr. Ramirez, you have the right to an automatic appeal. That appeal shall be to the state Supreme Court. You shall be provided counsel on that appeal, and at this time the record will reflect that the defendant shall be deemed to have filed the notice of appeal. [unclear: "Appropriate persona, bail and appeal" (both sources; possibly "bail on appeal")] is denied pursuant to section 1272 of the Penal Code. Defendant is remanded.

Speaker Uncertain: [unclear: "Please proceed. Let's do it." (captions only)]

Judge Michael Tynan: [unclear: "Help Court" (captions only)] Mr. [inaudible], I don't know what the questions are. Like, I think that there's, there's a question as to whether or not, uh, you are still [unclear: "to be continued" / "contined"] as the, uh, attorney of record on appeal. And, uh, Mr. Hernandez, you're retained. I don't know what the terms of your retention are. Uh, Mr. Clark is a trial counsel, and his, uh, duties are, uh, clearly set out. And, uh, thank you, gentlemen, all of you. Good luck to you. By the way, before I adjourn, I want to thank, uh, the District Attorney's Office, especially Mr. [unclear: "yers" (captions) / "Yip" (Whisper)], for the aid and assistance [unclear: "in the sentencing" / "that sentencing"] in this court. Without your, um, documents, I don't think I would have been able to do it. Thank you very much.

Speaker Uncertain: Thank you.

Speaker Uncertain: [unclear: "Thank you for helping." / "Of course you can have two." (Whisper only; not in the captions)]

Speaker Uncertain: Yeah, but I thought I'd give you some credit. [04:37 to 04:51: no further speech; clip ends.] ---