Gamache v. California

Sup. Ct. Cal. Cer-tiorari denied.

Statement of

Justice Sotomayor, with whom Justice Ginsburg, Justice Breyer, and Justice Kagan join,

respecting the denial of the petition for writ of certiorari.

After a jury convicted Richard Gamache of first-degree murder and sentenced him to death, Gamache’s counsel and the trial court learned that during deliberations, court personnel inadvertently gave the jury a videotape that had not been admitted into evidence. During its deliberations, the jury watched the video twice in full and a third time in part before reaching its verdict. The video showed a police…