During mid-1997, Barber and defendant had sex on at least one occasion. Once during early 1997, defendant offered Barber $10,000 to kill Leonard. Shortly before the murder, she told Hawkins that she was leaving Leonard.Īt least six times during 1997 defendant asked Jack Barber (Barber), another friend and neighbor, to kill Leonard. Once during 1997, she told Hawkins that Leonard was going to be dead that night. During 1997, she told Hawkins that two "crazy people" were going to kill Leonard for her. Several times during 19, defendant told her friend and neighbor, Kathy Hawkins (Hawkins), that she wanted Leonard dead. on December 8, 1998, the day after the murder. Defendant received a notice to vacate the house by 6:01 a.m. By 1998, the towing business had closed and their house was in foreclosure. The family began having financial troubles. On rebuttal, Andrea testified that the inheritance was $250,000.īy 1996, Leonard began turning down work and spent most of his time alone in his and defendant's upstairs bedroom. She said that Leonard also gave his son some money. She further testified that she and Leonard used these monies to purchase a tow truck for $39,000, open a towing business, 4 and put $40,000 down on a house in Temecula. Throughout the marriage, Maggie, Carrie, and Scott lived with defendant and Leonard.ĭefendant testified that Leonard inherited about $80,000 to $100,000 after his father died in 1989. Leonard also had adult children from prior relationships, including Andrea. Defendant had two daughters from prior relationships, Carrie and Maggie. They had a son, Scott, who was born in 1989. Defendant testified that she saw Leonard sleeping with a loaded and cocked gun "on many occasions."ĭefendant and Leonard were married in 1987 when defendant was 22 years old and Leonard was 48 years old. A single bullet pierced the base of Leonard's skull and exited through the top of his head. At trial, she testified she found the gun on Leonard's bed, loaded and cocked, and it accidentally went off when she picked it up. She told the police the shooting was an accident. On December 7, 1998, at approximately 8:00 a.m., defendant shot and killed her husband while he was lying in bed asleep. We conclude defendant's claims are without merit, or that the errors were harmless, and affirm.
#Namely kipp la trial#
Third, she contends the cumulative impact of the trial court's evidentiary errors requires reversal. Second, she contends that the trial court erred by allowing the prosecutor to call three rebuttal witnesses, namely Andrea De La Vega (Andrea), Carrie Robinson (Carrie), and Detective Terry Campbell. First, she contends that the trial court erred by allowing Richard Matta (Matta) to testify that he had sex with her in November 1998, about one month before she shot and killed Leonard. 3 The trial court denied the motion and sentenced defendant to two consecutive, indeterminate terms of 25 years to life.ĭefendant appeals. 2 A jury found defendant guilty as charged.ĭefendant moved for judgment of acquittal or, in the alternative, a new trial. Karen Diane Provencio (defendant) was charged with the first degree murder of her husband, Leonard Provencio (Leonard), 1 and of personally and intentionally discharging a firearm in the commission of the murder. This opinion has not been certified for publication or ordered published for purposes of rule 977. California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).
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