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On the Monday following Stevens's death, the employees of Perfect Match, a dating service at which Nourn worked for Stevens, were informed of Stevens's death. She never returned to Perfect Match and never picked up her final paycheck. Nourn's Confession The case was unresolved for three years.However, in November 2001 Nourn contacted the San Diego Police Department and confessed her role in Stevens's murder.After Stevens pulled over, he asked, “Where's the car? However, she returned to Barker because she was afraid he would hurt her and her family if she did not. In contrast, those possible defenses could have been investigated and evidence might have been obtained. The hurdle the majority faces is explaining how a duress defense can be presented on a charge of murder. Rptr.2d 587, 50 P.3d 368.) My colleagues deal with this problem by first concluding the prosecution's sole theory of the case was the reasonable and probable outcome doctrine of aiding and abetting. My colleagues create this theory by borrowing, and applying to aiding and abetting, a concept applicable to felony murder, namely, that in felony murder cases duress is a defense to the underlying felony, and thus, to the murder. The two arguments presented virtually the same prosecution theory, that is, Nourn knowingly acted with Barker to kill Stevens. Rptr.3d 337, 106 P.3d 990: “[W]e further reject defendant's argument that duress could negate the requisite intent for one charged with aiding and abetting a first degree murder.” The Majority's Extension Of The Duress Defense To Aiding And Abetting Not only is the premise of the majority opinion incomplete, but my colleagues create new and debatable if not doubtful law by imposing felony murder theory on aiding and abetting cases. In his declaration he states he examined its applicability and rejected it as a defense. The battered woman syndrome defense was not only inconsistent with the defense of lack of premeditation, but the defense would actually help prove the prosecution's case. As counsel prepared Nourn for trial, she potentially undermined her entire lack of premeditation defense by telling counsel she did know Barker was going to kill Stevens; acknowledging she had lied in her taped confession to the police, to her previous counsel and to him.
Nourn's relationship with Barker continued through the Fall of 1998.Barker and Nourn then drove to Stevens's apartment. Her mother suffered bruises and bleeding from her stepfather's attacks. Friedman: “ ‘He [i.e., her stepfather] had a short temper and my mother was submissive to him. The prosecutor repeatedly relied on misconceptions about battered women in urging the jury to reject appellant's claim of self-defense. Rptr.2d 123, 940 P.2d 710.) The absence of this information “so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.” (Strickland, supra, at p. In the early morning hours of December 23, 1998, the victim in this case, David Stevens, dated Ny Nourn and engaged in sex with her. For evidence that battered woman syndrome exists, it must be shown that the person claiming access to the evidence has been physically and psychologically abused for an extended period of time. Humphrey (1996) 13 Cal.4th 1073, 1083-1084, 56 Cal. Although Nourn stayed for several weeks in a garage owned by Barker, she lived with her parents. My colleagues now hold the battered woman syndrome is admissible to explain why Nourn murdered not her batterer but an innocent person whose only error was the tragic misfortune of crossing paths with Nourn. In that confession the jury would hear a detailed description of how Barker and Nourn planned to lure Stevens to his death and the details surrounding his murder.