Before the indictment was returned, an article quoted the district attorney as saying, "The brutal, calculated, revolting killing for hire of Olga Duncan is one of a number of horrible crimes which have recently been committed in California. She was convicted of orchestrating the murder of her daughter-in-law in 1958. At the attorneys table and on the witness stand, Frank was not the picture of a grief-stricken husband. Only $14.99/m; NEED A LAWYER? or policies of external websites or for those of subsequent links. View Guestbook Entries. March 16, 2020 Editor Uncategorized 0. Elizabeth Duncan, 58, Dies in Gas Chamber San Quentin, Cal., Aug. 8 (UPI)-Mrs. Elizabeth Ann Duncan, 58, was executed in the San Quentin gas chamber today for arranging the murder of her pregnant daughter-in-law out of jealous love for her son, Frank. Frank stayed at defendant's home until the end of June, visiting Olga in her apartment. In 1956 defendant moved to Santa Barbara with her 27-year-old son, Frank, an attorney who was then unmarried. ", Stanford Law School - Robert Crown Law Library. Mrs. Esquivel testified that when defendant asked her if she had friends who would help "get rid" of Olga she replied that "there were some boys" but she did not know if they would talk to defendant. He is not capable of being an attorney any longer, he is hard of hearing, he can barely stay awake in person/ or court when you really need him. | 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. The court refused to permit questioning as to whether she had lived with any of the men she was married to during this period. On the evening of November 17, 1958, Moya and Baldanado rented a car from a friend for $25. I won't need you any more. Frank informed the police and said that he was afraid defendant was involved in Olga's disappearance and was being blackmailed for that reason. A small town youth from nearby Ojai, I was intrigued with the circumstances of this trial, in which the press ran wild, and a lynch-mob mentality gripped . The principal questions presented are whether the trial court erred in denying a change of venue, in ruling upon challenges of prospective jurors for cause, in refusing to instruct the jury that Mrs. Esquivel was an accomplice, and in permitting impeachment of defendant on collateral matters. When Patsy Ann died of a spontaneous cerebral hemorrhage, Ma Duncans life changed dramatically. Frank Gerard Duncan October 1, 1954 - July 15, 2021 Obituary In opposition to defendant's motion the district attorney filed affidavits averring that he was unaware of any person who had stated he could not act fairly and impartially as a [53 Cal.2d 812] juror at the trial, and that in his opinion a fair trial could be had notwithstanding the publicity given to the case. 2. 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. 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. The State Bar Court began posting public discipline documents online in 2005. She asserted that the payments to Moya were made because of these threats. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Among them was a carhop to whom she offered $1,500 to throw acid in Olgas face and then push her off a cliff. On one occasion, when Olga said that she and Frank were going to be married, defendant replied, "You'll never marry my son, I'll kill you first.". By understanding these terms, individuals going through a divorce can make informed decisions and ensure their rights and interests are protected. It was shown that the newspaper which published the statement made by the district attorney prior to the indictment did not receive any letters expressing agreement with his views regarding the desirability of retaining the death penalty, and that a number of letters disputing his position were received, some of which were published. To access the site, click Go Now or disable your browsers popup blocker. [6b] The requested instruction that Mrs. Esquivel was an accomplice could properly be given only if undisputed evidence established the complicity. today! Do not hire! Frank Duncan F. Frank Duncan . He took the gun away. The three were indicted for murder and tried separately. Frank Duncan, Leonard Nasatir, Ward Sullivan and Burt M. Henson for Appellant. Lived In Suisun City CA, Oakley CA, Vacaville CA, Richmond CA. https://www.lawyer.com/seal/1786120i.png, Accident & Injury Personal Injury Wrongful Death Car Accident, Divorce & Family Law Custody & Visitation, Criminal DUI-DWI Felony White Collar Crime, Accident & Injury Personal Injury Car Accident Wrongful Termination Employment, Real Estate Estate Planning Wills & Probate Trusts, Criminal DUI-DWI Misdemeanor Felony Immigration, Accident & Injury Car Accident Motorcycle Accident Wrongful Death. https://www.lawyer.com/seal/1786120f.png, 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. Frank Duncan. Atty. You can contact this law office, or visit the lawyers at 3435 Wilshire Blvd Ste 1103, Los Angeles, CA 90010, USA. Olga was pregnant. Later, at defendant's request, Mrs. Short left an envelope for Moya with the cashier of a restaurant. Const., art. He would also follow an instruction that in order to convict defendant he must be persuaded of her guilt by the evidence beyond a reasonable doubt. Older case records are available on request. When asked if his mother tried to break up his marriage, he replied, Lets just say she hindered its development.. One of the best Criminal Defense Law, Legal business at 880 West 1st Street, Los Angeles CA, 90012 United States. Find contact information, experience, peer reviews, directions, and more at Martindale.com. There was abundant evidence of defendant's guilt, and we are satisfied from an examination of the entire record that there was no miscarriage of justice. Elizabeth Ann "Ma" Duncan was 58 . Attorney Frank P. Duncan. Fast & Free; LEGAL PLAN. 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. Appointed State Insurance Commssioner by Governor Edwin Warfield in 1904. Frank I. Duncan (1858-1946) MSA SC 3520-14459. Find Frank Duncan's phone number, address, and email on Spokeo, the leading online directory for contact information. Late in 1957 she was hospitalized as a result of taking an overdose of sleeping pills, and she explained to her doctor that she had taken them because she was afraid Frank would "leave her." He was born January 2, 1928 in Duncan, SC to W. Frank, Sr. and Agnes. Reviews. fn. These cookies track visitors across websites and collect information to provide customized ads. AdmissionEducationMore InformationWrong Duncan? Like Graham, Duncan was a woman executed with two accomplices. Pity the girl who marries Frank Duncan, Performance & security by Cloudflare. They beat two guards and held them hostage until tear gas quelled their escape attempt. Former Gov. Moya and Baldonado testified regarding the arrangements defendant made with them and the manner in which they carried out the plan to kill Olga. To read the article in Spanish, click here, (Unknown Photographer / Los Angeles Times), Do Not Sell or Share My Personal Information, Many still stranded in San Bernardino Mountains as snow blocks roads, threatens roofs, Suspected shooter in attacks on Jewish men was on FBIs radar, LAPD chief says, Caregiver accused in Manhattan Beach child sexual abuse case believed to be in Philippines, Before and after photos from space show storms effect on California reservoirs, Dramatic before and after photos from space show epic snow blanketing SoCal mountains, Yet more rain expected to hit California in March. 21, 31 L.Ed. Olga Duncan, 30, of 114 Garden Street, Apt. She did not believe or disbelieve what any of them said. Frank Lee Duncan, 53, of Loganville, was sentenced to three concurrent life sentences in confinement plus 20 years by Judge Samuel Ozburn at his sentence hearing on Friday for two counts of aggravated sexual battery, nine . Four weeks after the trial began, Ma Duncan was convicted of first-degree murder and sentenced to be executed. Analytical cookies are used to understand how visitors interact with the website. All her identification was left at her apartment, apparently. Olgas friends were the ones whod called the newspaper two days after shed disappeared. Frank Duncan weighed 175 lbs (79 kg) when playing. Defendant later persuaded Mrs. Short to propose to Winterstein that he "take care of Olga." About Lawlink | Sample Attorney Profiles. Nicole Clement General Counsel. 8; People v. Riser, 47 Cal.2d 566, 573-576 [305 P.2d 1]. Defendant pleaded not guilty and not guilty by reason of insanity. The following article appeared in the, A Lovely Girl: The Tragedy of Olga Duncan and the Trial of One of Californias Most Notorious Killers, Excerpt from A Lovely Girl: The Tragedy of Olga Duncan and the Trial of One of Californias Most Notorious Killers, Chapter 41. Shortly thereafter Frank moved back to defendant's home. In response to questions by the district attorney and the court, he said that he would follow an instruction that he must decide the case solely on the basis of evidence presented in court, and he would not consider as evidence anything he had read or heard. Easy, done. As an idealistic teenager, I was in the Ventura County CA courtroom in 1959 when Elizabeth "Ma" Duncan was sentenced to death for the vicious murder-by-hire of her son Frank's pregnant wife. She didn't think Olga was good enough for her son, who was a defense attorney with a promising career. LawLink Is Free! Information on how drivers should conduct themselves when stopped by the police for DWI/DUI, and what steps they should take after being arrested. FRANK DUNCAN, RIGHT HANDED PITCHER Born: January 30, 1992 Height: 6'4" Weight: 212 Bats: Right Throws: Right Drafted: 13th Round, 401st Overall, 2014 How Acquired: Draft College: University of . Thus it was a question of fact whether she had the guilty knowledge and intent necessary to make her an accomplice, and the trial court did not err in refusing to instruct the jury as a matter of law that she was an accomplice. and makes no warranties or other representations regarding the accuracy, content, Instead, she took an overdose of sleeping pills. She moved from apartment to apartment to keep away from Ma Duncan. She has not been seen since. [53 Cal.2d 808]. . https://www.lawyer.com/seal/1786120p.png, Two days later, on December 21st, the cops went public with an appeal to help them find Olga Duncan's body. (See Pen. 78.129.141.250 But, Elizabeth Duncan didn't like her new daughter-in-law. Frank Duncan (catcher) (1901-1973), American baseball player in the Negro leagues from 1920 to 1948. Subsequent links in 1956 defendant moved to Santa Barbara with her 27-year-old son,,! 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