On Tuesday, only 20.5% of Orange County’s 1.6 million registered voters exercised their right to vote. Of those who did vote, only 71% cast any vote at all to select the peoples prosecutor—District Attorney. But, even though Tony Rackauckas was running unopposed, all of the 234,130 votes cast—100%—were voted to give Rackauckas his forth term as OCDA. We are not suggesting there is any connection between the election and his decision in this case, but the close proximity of the announcement and the election illustrates how our votes play out in the real world. Rackauckas announced he is seeking the death penalty against Daniel Patrick Wozniak in the decapitation/double murder case.

At a press conference yesterday, where he was joined by Costa Mesa Police Chief Chris Shawkey, Rackauckas announced “For the execution-murder for financial gain of 26-year-old man Samuel Herr - we are seeking the death penalty.” Rackauckas continued “for the execution murder for financial gain of 23-year-old woman Julie Kibuishi - we are seeking the death penalty.”

Rackauckas Continued “this case will be handled as a Special Prosecutions Case, where the best team will be put together and supervised by me personally. California law permits the District Attorney to seek the death penalty if the aggravating factors substantially outweigh any mitigating factors.”

Daniel Patrick Wozniak, 26, Costa Mesa, is charged with two felony counts of special circumstances murder with special circumstance sentencing enhancements including multiple murders, murder for financial gain, and the personal discharge of a firearm causing death. Wozniak is being held without bail and is scheduled for a continued arraignment June 25, 2010, at 10:00 a.m. in Department CJ-1, Central Jail, Santa Ana.

The OCDA released the following statement which includes explicit details of the crimes:
Circumstances of the Crime
Prior to May 21, 2010, Wozniak is accused of plotting the murder of his neighbor, 26-year-old Samuel Herr, who lived in the same apartment complex with the intention of stealing the victim's substantial savings. On the afternoon of May 21, 2010, Wozniak is accused of luring Herr from their Costa Mesa apartment complex and driving him to the theater facility at the Los Alamitos Joint Forces Training Base. The defendant is accused of being familiar with the theater because he had previously acted in plays at that location.

Once inside the theater, Wozniak is accused of murdering Herr by shooting him twice in the head with the intention of stealing the victim's savings. He is accused of leaving Herr's body in the theater and stealing the victim's ATM card, wallet, and cell phone.

Later that evening, Wozniak is accused of using Herr's cell phone to text message Herr's friend, 23-year-old Juri "Julie" Kibuishi. The defendant is accused of also being acquainted with Kibuishi and was her "friend" on Facebook. Wozniak is accused of pretending to be Herr in the text messages and arranging with Kibuishi to come to Herr's Costa Mesa apartment. The apartment is located in the Camden Martinique complex at 2855 Pinecreek Drive.

Shortly after midnight on May 22, 2010, Kibuishi arrived at Herr's apartment. Wozniak is accused of meeting her at the door of Herr's apartment and luring her inside into the bedroom, where he murdered her by shooting her twice in the head. Wozniak is accused of then partially removing Kibuishi's clothing to stage the crime scene to appear as though the victim had been sexually assaulted.

On the afternoon of May 22, 2010, Wozniak is accused of returning to the theater, cutting off Herr's clothes and dismembering the victim's body by removing his head, left arm, and the lower portion of his right arm. He is accused of leaving the victim's torso and legs in the theater and taking the dismembered body parts to discard them in El Dorado Park Nature Center in Long Beach. The park is a large nature reserve with trails and two lakes.

At approximately 9:20 p.m. on May 22, 2010, officers from CMPD discovered Kibuishi's body upon responding to a call regarding a possible murder from Herr's father, who had gone to the Costa Mesa apartment to check on his son. Herr's whereabouts at that time were unknown and he initially became the primary suspect in Kibuishi's murder.

Following the two murders, Wozniak is accused of giving Herr's ATM card to a 17-year-old acquaintance and instructing the minor to withdraw money from the victim's account at various ATMs in Long Beach. Costa Mesa detectives investigating the case learned of the ATM withdrawals and arrested the minor after observing him using the victim's bank card. In all, $2,000 was taken from Herr's bank account.

Based on information learned through the ongoing investigation and the arrest of the juvenile, Wozniak was arrested for the murders of Herr and Kibuishi May 26, 2010, at Tsunami restaurant in Huntington Beach. Wozniak was at dinner celebrating his bachelor party in anticipation of his upcoming wedding, planned to take place in Long Beach that Friday, May 28, 2010.

CMPD detectives discovered Herr's body May 27, 2010, at the base. A search for Herr's dismembered body parts at El Dorado Park Nature Center was conducted by CMPD with assistance from the Long Beach Police Department (LBPD) and Federal Bureau of Investigation (FBI), search and rescue personnel from Orange, Los Angeles, and Ventura Counties, and investigators from the Los Angeles Coroner's Office (LACO). The victim's head and parts of his left arm, which were decomposed and scavenged by animals, were found over the next two days.

On May 27, 2010, Wozniak was transported from the jail to Western Medical Center to be treated for self-inflicted head injuries and was released back to the jail May 29, 2010. The OCDA charged the defendant May 28, 2010, and he is currently being held without bail in the Orange County Jail.

Herr and Kibuishi were both students at Orange Coast College and Herr was a military veteran.

Decision to Seek the Death Penalty
The special circumstances committee met today, June 10, 2010, on the Wozniak case. Prior to seeking the death penalty, a special circumstances committee consisting of the District Attorney, the Senior Assistant and Assistant District Attorney in charge of the Homicide Unit, and other prosecutors experienced in capital cases meets and discusses the nature of the crime, the vulnerability of the victim, the defendant's criminal record, and other factors. The committee also considers mitigating circumstances presented by the defense attorney.

California law permits the District Attorney to seek the death penalty if the aggravating factors substantially outweigh the mitigating factors. Aggravating factors are any facts above and beyond the circumstances of crime that increases the wrongfulness of the defendant's conduct, the enormity of the offense, or the harmful impact of the crime. Mitigating factors are any facts that reduce the defendant's blameworthiness or otherwise support a less severe punishment. The final decision to pursue the death penalty rests on the District Attorney.

Yesterday Rackauckas said “This was not a close call. Parents are not meant to bury their children, especially when the victim's future is snuffed out by callous brutality. We will bring Daniel Wozniak to justice for these senseless murders.”