People v. Gacho

Defendant was convicted, after jury trial, of multiple counts of aggravated kidnapping, armed robbery, and murders of 2 persons. Court imposed death sentence for 2 murders. Co-defendant, who elected bench trial and was found not guilty, was tried simultaneously before a single judge. That judge's pervasive corruption in other cases cannot alone support inference that he engaged in compensatory bias in this case; it is Defendant's burden to establish that judge was actually biased in his own case. Defense attorney's prior representation of member of victim's family does not establish per se conflict of interest; and Defendant waived conflict in open court.(ROCHFORD, concurring; DELORT, dissenting.)