People v. Joanou CA2/6

Filed 5/21/15 P. v. Joanou CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B256800 (Super. Ct. No. LA070501-01) Plaintiff and Respondent, (Los Angeles County)

v.

STEPHEN TODD JOANOU,

Defendant and Appellant.

Stephen Todd Joanou appeals a judgment following conviction of first degree murder, with a finding that he personally used a deadly weapon during commission of the crime. (Pen. Code, §§ 187, subd. (a), 189, 12022, subd. (b)(1).)1 We affirm. FACTUAL AND PROCEDURAL HISTORY On March 19, 2012, a movie crew filmed the movie, "Up All Night," at South Weddington Park in Studio City. Oziel Martinez, a security guard employed by Reel Security, protected the film-making equipment and trailers that night at the park. Shortly before midnight, Martinez saw a black automobile park on the street near the park. Minutes later, a man and a woman wearing dark clothing left the automobile and walked across the park. The couple had "serious" and not "friendly" expressions, and did not speak during the walk.

1 All further statutory references are to the Penal Code unless stated otherwise.

At approximately 10:30 that evening, Samuel Brabenec, a homeless man who slept on the baseball field bleachers at the park, fell asleep. Later, he awoke to "long yells" and "prolonged" screams of the name "Stephen." Brabenec described the sounds as "horror" and "bloody death" screams. He also stated that there was "a little spacing" and a pause of several seconds between the screams. Brabenec later saw a figure in dark clothing walking at a "fast[] pace" across the park. Minor A.K. lived across the street from South Weddington Park. Near midnight that evening, she and her aunt arrived home. A.K. heard loud, high-pitched screams emanating from the baseball field. The screams continued for one or two minutes while A.K. stood outside, and then for several minutes after she entered her home. A.K. heard only one voice and thought the screaming was filmmaking from the movie set. A.K.'s aunt heard a male voice and a female voice emanating from the park. Initially, the voices were calm, but then "bickering" and "arguing" ensued for approximately 10 minutes. Then, the female screamed "help." The male voice remained "at the same monotone." At the time, A.K.'s aunt thought that the voices demonstrated "great acting" during filmmaking. Brabenec resumed sleeping in the bleachers, but was awakened soon by another homeless man who informed him that a dead woman lay near the concession stand behind "home plate." The second homeless man telephoned for police assistance. A responding police officer and a paramedic found the lifeless body of Patrina Sabella lying in a pool of blood near the concession stand. Los Angeles County Medical Examiner Paul Gliniecki later performed an autopsy on Sabella's body. He found 19 stab wounds to her neck, five of which were fatal punctures of her jugular vein. Sabella also suffered defensive wounds to her hands as well as blunt force injuries to her face, upper chest, and extremities. Gliniecki opined that the murder weapon probably was a knife with a thin blade that was between one and one-half and three inches long. He opined that Sabella was beaten and stabbed to death while lying on her back, and that