Full opinion text
Opinion BROWN, J. A jury found defendant Mark Alan Bradford guilty of the first degree murder of Lynea Kokes (Pen. Code, §§ 187, subd. (a), 189), first degree robbery (§211), rape (§261, former subd. (2)), and sodomy (§ 286, subd. (c)). The jury also found that defendant had personally used a knife in the murder and robbery (§ 12022, subd. (b)), and found true the special circumstance allegation that defendant intentionally killed Kokes for the purpose of preventing her testimony in a criminal proceeding (§ 190.2, subd. (a)(10)). The jury found defendant not guilty of burglary, and found not true the rape-murder, sodomy-murder, and burglary-murder special-circumstance allegations. (§§ 459, 190.2, subd. (a)(17).) Defendant was sentenced to death. The case is before us on automatic appeal. (Cal. Const., art. VI, § 11; § 1239, subd. (b).) For the reasons that follow, we reverse the conviction and sentence for robbery; in all other respects, the judgment is affirmed. I. Facts A. Guilt Phase On April 18, 1988, Lynea Kokes (Kokes), her husband Alexander Kokes (Alexander), and their baby boy Jonathan were moving to apartment 238 of tiie Panorama City Lodge (Lodge). Kokes was taking over as the Lodge manager. The last time Alexander saw his wife alive, Kokes was dressing their son and preparing his breakfast to take with him to the babysitter. Kokes and Alexander agreed to meet at 6 p.m. at their old apartment, pick up their son from the babysitter, and load up their remaining belongings. In March of 1988, defendant and Randall Clay Beerman moved into apartment 252 of the Lodge. On April 18, starting about 10 or 11 a.m., defendant and Beerman played cards and drank Black Velvet and beer. At approximately 11 a.m., Joseph Christopher Stevens, the assistant manager of the Lodge, arrived at the Lodge to begin his last day of work. His cousin Jack and Kokes were already in the office. A number of times that afternoon defendant came into the Lodge office “leering” at Kokes. At approximately 2 p.m., defendant told Beerman he was helping the new manager move into her apartment. Defendant described the manager as attractive, and bet Beerman money that “he’d get her in bed that day while her husband was gone.” Defendant was coherent, did not slur his words, and was able to walk and take care of himself. Between 3:30 and 3:45 p.m., Stevens and Jack observed Kokes and two Lodge employees inside the Lodge office. The office had been broken into. A glass panel was broken, and certain metal was bent. After speaking to one of the Lodge employees, Stevens and Jack went to the pool and spoke to defendant. The three returned to the office, and Stevens told defendant to vacate his apartment because the rent was overdue and because he had been identified as breaking into the office. Defendant muttered that he was sorry, and said, “It wasn’t me who did it.” Defendant looked at Kokes with a salacious grin and said, “You are the new manager. I want you to take care of me.” Defendant and Stevens argued, and defendant threatened to come behind the counter. Defendant left the office when Stevens falsely told him he had called the police. At approximately 4:30 p.m., the movers arrived at the Lodge, and Kokes left to meet with them. Also about this time, Philip Hall, a swimming pool contractor, arrived at apartment 238 to meet with Kokes. Defendant was inside, with one or two other men, holding a cardboard box in his hands. Defendant had no trouble walking and did not appear to be under the influence of anything. Defendant apparently left the apartment. Hall and Kokes talked outside regarding the pool and spa until approximately 5 p.m. According to defendant’s statement to Detective Arnold, which was introduced at trial, defendant returned to apartment 238 after his encounter with Stevens. “Then I left the office and went up and talked to that girl to see what. . . she could do about us working out a monthly rent, since she was taking over the next day. . . . She said she probably could. She’d see what she could do tomorrow.” Defendant then “grabbed her throat” with his right hand, and as she began to fall down, removed her clothes with his left hand. As Kokes gasped for air, defendant raped and sodomized her. He repeatedly hit her until she lost consciousness. Defendant put his penis in the victim’s vagina, then in her rectum, and then back in her vagina until he ejaculated. Kokes was choking on her blood, gasping for air, and bleeding from her nose. Defendant returned to his apartment for approximately 45 minutes, and showered to wash the blood off his hands and arms. He was thinking, “If she was gonn[a] live, you know, and ratting me off.” He wanted to make sure she was dead, and returned to her apartment with a knife. Kokes was still gasping for air. Her eyes were closed, and her arms were not moving. She was bleeding slightly out of her nose. He rolled her over, put a belt around her neck, put his right knee in her back, pulled her head up by her hair, and slit her throat twice. Then he rolled her back over “and stabbed her a bunch of times, I don’t know how many ... in the chest area.” “I figured she ought to be dead after all that.” He took her wallet and makeup bag, stuck the now broken pieces of the knife in his back pocket, and returned to his apartment. He was in the apartment the second time fewer than 15 minutes. He changed his clothes, washed his hands, and packed. At 5:05 p.m., Stevens called 911 and told the police he was having trouble with a tenant. The police responded, “We’ll be there.” The police apparently did not respond to this call. While awaiting the officer’s arrival, Stevens went to apartment 240 to give a tenant a receipt. After doing so, Stevens observed defendant leaving his apartment. Defendant’s hair was wet and he appeared as if he had just left the shower. Defendant wore only a pair of jeans and carried a towel. Stevens told defendant he had called the police and that he “better get out of here.” Defendant followed Stevens, and Stevens repeated that he had called the police and that defendant had better leave. Defendant said, “I really got to get the hell out of here,” turned around, and ran back to his apartment. At approximately 6 p.m., Beerman was awakened in apartment 252 by the sound of defendant in the bathroom. Defendant was wet, had a towel around him, and was changing his clothes. He had packed his clothes and other belongings in two bags. Defendant was nervous, “pacing around the room, and in and out of the room constantly. Just couldn’t sit still.” His knuckles were scraped and bloody. Defendant told Beerman he had gone to the office to talk to “Joe,” but that Joe was not there. The alarm went off when he went into the office, and the maid had seen defendant and accused him of trying to break in. The manager had confronted defendant, and he and Beerman had 30 minutes to pack and leave or they were going to call the police. Defendant asked Beerman to give him a ride to Fresno. Defendant had vomited in the bathroom and used some towels to clean it up. Beerman told defendant to wash the towels in the laundry room. While defendant was in the laundry room, Beerman observed a knife handle lying on the bathroom floor. Beerman was a chef, and the handle was from one of his knives. Defendant appeared nervous when he returned from the laundry room. Defendant said that he had an outstanding warrant for his arrest in Arkansas, and that he wanted to leave so as not to have to deal with the police. Beerman called his friend Dan to see if he would assist Beerman in packing his belongings, but was unable to reach him. The apartment telephone then stopped working, and the office was closed. Beerman made several trips by car to a nearby supermarket to use the pay phone there. Defendant accompanied Beerman on some of these trips, and appeared nervous and upset, but otherwise “perfectly normal.” At some point after 5 p.m., defendant called Pamela DeLong, an ex-girlfriend who lived near Fresno. Defendant did not sound to her as if he had been drinking. DeLong told defendant he could stay with her. As it began to get dark, Beerman and defendant went to McDonald’s for dinner. According to Beerman, during the several hours between the trip to McDonald’s and defendant’s subsequent arrest, defendant was nervous and upset, and repeatedly asked Beerman to give him a ride to Fresno. Defendant also seemed coherent, able to take care of himself, walked normally, and talked “okay.” After dinner, Beerman went to the laundry room and moved the towels from the washer to the dryer. As he did so, he heard a metallic sound on the washing machine and saw a bent knife blade. This was the blade of the knife handle Beerman had earlier seen on the bathroom floor. Beerman placed the knife on the side of the washing machine. At approximately 5:50 p.m., Alexander Kokes arrived at the couple’s old apartment. No one was present. Between 6 and 7 p.m. he retrieved their son from the babysitter and loaded the rest of the family’s belongings into the truck while awaiting Kokes’s arrival. Shortly after 7 p.m., he arrived at the Lodge. The office was closed. All of the doors of apartment 238 were locked, and Alexander did not have a key. It did not appear to Alexander that his wife was in the apartment. Alexander returned to the lobby and waited for the managers to arrive. r Between 8:15 and 8:30 p.m., Stevens and Jack returned to the Lodge. Alexander was in front of the Lodge holding his baby. Stevens gave Alexander a key to apartment 238. Alexander and his son went to the apartment. Upon entering, Alexander observed Kokes lying on the floor with her throat cut. Her body was nude, except for two knee-high stockings and a pair of pants wrapped around her ankle. He turned and ran downstairs, told the managers to call for an ambulance and the police, gave them his son to hold, and ran back to the apartment. Alexander checked Kokes for a pulse, and covered her with a crib sheet. He left the room when he heard sirens, and directed paramedics to his wife. Kokes was pronounced dead at 8:49 p.m. Around 8:30 p.m., Beerman went downstairs to use the telephone and observed the arrival of the police and paramedics. Defendant, Beerman, and many of their neighbors stood in the hallway near apartment 238 for about 15 minutes. Beerman said, “I wonder what happened down there.” Defendant said, “Some gal got killed down there.” Once inside their apartment, defendant told Beerman that “the new manager chick ... got beat up, raped, and her throat slashed open.” Defendant paced back and forth, and told Beerman he did not want to talk with police because of his outstanding Arkansas felony warrant. When police knocked on the door, he told Beer-man, “I don’t want to answer it.” Beerman answered the door, told police he had not heard anything earlier, and the officer departed. At approximately 10 p.m., Beerman spoke on the telephone with his father. Thereafter, he contacted a security guard, who brought Beerman to Detective Coblentz. Beerman led Detectives Riehl and Coblentz to the laundry room and showed them the knife blade. He then let these and other officers into his apartment, where they arrested defendant. Officer Bergstrom searched defendantt about 11 p.m. He recovered a wooden knife handle with dried red liquid on it from defendant’s rear pocket. He then drove defendant to the police station. During the ride, defendant appeared coherent and to understand everything the officer said. Defendant was very cooperative and “talked very friendly.” His eyes were clear, and he did not appear to be under the influence of anything. Detectives Riehl and Warren recovered a brown suitcase and green duffel bag from defendant’s room. Inside the suitcase was Kokes’s wallet, makeup kit, cosmetic bag, checkbook, driver’s license and other identification, and credit cards. Inside the duffel bag was a blue, long-sleeved shirt with red stains splattered and smudged on the front, and a pair of blue jeans with a large amount of red stain. The forensic evidence indicated that Kokes was raped, sodomized, and her nipples “savage[ly]” bitten off. The police were unable to locate the skin from the nipples. Her right eye was blackened, and her nasal bone broken in several places. Part of her larynx was fractured. Hemorrhages on the right and left side of her neck were the result of force to the larynx and neck area. A ligature was tied around her neck so tightly it cut off air, and her throat was slashed twice. There were also seven penetrating stab wounds. Five of these wounds went through her rib bones, fracturing them, and four penetrated her heart. There were also smaller nicks and nonpenetrating wounds. All of these injuries occurred while she was alive. The cause of death was a combination of the strangulation and the stab wounds; the two throat slashings did not contribute to Kokes’s death. There were no defensive wounds. There was sperm in Kokes’s vaginal, anal, external genital areas, and mouth. The criminalist could not say that the semen was from defendant, but he could not be excluded either. Amylase, a substance found in human saliva, was detected on both breasts, and plaster casts of defendant’s front teeth fit “pretty solidly” into casts of the remaining portions of Kokes’s breasts. Defendant’s fingerprint was found on the crib. Stains on the knife and defendant’s shoes, pants, and shirt tested positive for the presence of blood consistent with Kokes’s. Defendant rested without introducing any evidence. B. Penally Phase 1. Prosecution Evidence The prosecution relied on the guilt phase evidence for its penalty phase case-in-chief and offered no further evidence. 2. Defense Evidence James Edwin Hamer and his wife Glenda Gail Hamer were friends with defendant’s parents when he was a child. James testified that defendant was shy, caring, and polite as a child. Defendant’s mother appeared loving and caring, and defendant appeared respectful and caring of her. Both James and Glenda testified that in their view defendant’s parents disciplined him too harshly and verbally abused him. They never physically punished defendant. Pamela DeLong, the former girlfriend defendant contacted the night Kokes was murdered, testified regarding defendant’s care of and attention to her during their several-month relationship. She also testified regarding one incident when defendant was drunk and physically abusive. Kent Power, Jr., a teacher at Wayside County jail, testified that defendant had performed well as both his assistant and as a student. Alfred Cohen, an investigator for the Los Angeles County Public Defender’s office, testified that he spoke with Beerman several months after the murder. Beerman said that between 10 a.m. and 4 p.m. on the day of the murder, defendant consumed approximately a quart and a half of Black Velvet and a six-pack of beer, and was “definitely drunk.” Dr. George Thompson, a psychiatrist and neurologist, testified that on May 17, 1989, he caused an electroencephalogram (BEG) to be conducted on defendant. During this exam, alcohol was administered to defendant. Thompson was able to diagnose from the BEG alone that defendant suffered from what he termed “acute pathological alcoholic intoxication” (APAI), which he characterized as essentially a form of psychomotor epilepsy. According to Thompson, a person with this condition who ingests even small amounts of alcohol cannot thereafter control his or her conduct, may act violently, and will suffer partial or full amnesia regarding the outburst. The APAI patient usually has a history of brain trauma; defendant suffered a severe head injury when he fell from a truck at age 14. Thompson’s diagnosis was further bolstered by his interview with defendant in which defendant was able to recall some but not all of the details of Kokes’s murder, and by defense counsel’s statement that defendant had been drinking the night of the murder. Thompson was unaware of and was not provided with defendant’s detailed statement describing the murder. Defendant’s demeanor did not change, i.e., he remained calm and cooperative after he was administered alcohol during the BEG. 3. Rebuttal Evidence Dr. Ronald Markman, a psychiatrist and neurologist, reviewed the transcript of Dr. Thompson’s testimony, a tape recording of defendant’s statement, defendant’s medical records and BEG exam results, his military records, and the arrest, police, and autopsy reports. Markham opined that defendant did not have “idiosyncratic intoxication,” a more modem name for APAI. Markham stated that it was not possible to diagnose APAI merely from an BEG, but that the patient’s history also had to be examined. Because the condition is induced after ingestion of only small amounts of alcohol, “[i]f someone can consume a lot of alcohol and continue to consume it, you’ve really excluded that diagnosis.” In addition, Markham noted that partial or full amnesia was “one of the major phenomen[a]” associated with APAI. In his view, defendant’s detailed statement to police “negate[d] the suggestion that there was any amnesia.” Rather, “there was clear evidence that [defendant] knew what was going on when he acted” on the night of the murder. Thomas Craig Ward, defendant’s first cousin, testified that he played and vacationed with defendant and his family during the first 12 years of his life, and maintained a close relationship with defendant until he was 18 or 19 years old. Ward observed that defendant’s parents treated him normally and did not ridicule defendant or punish him excessively. Defendant never told Ward his parents were unfair or mean. II. Discussion A. Guilt Phase 1. Admission of Defendant’s Postarrest Statements Prior to trial, defendant moved to suppress four postarrest statements. After a hearing, the trial court granted defendant’s motion in part. It ruled: 1) defendant’s first statement to Detective Riehl was obtained in violation of Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694, 86 S.Ct. 1602, 10 A.L.R.3d 974], and could not be used in the People’s case-in-chief, but because the statement was voluntary, it could be used for impeachment; 2) defendant’s booking statement to Officers Denby and Gordon was voluntary and not the product of interrogation, and could be used at trial for all purposes; 3) defendant’s third statement to Detective Hooks was the product of improper police tactics and could not be used at trial for any purpose; and 4) defendant’s fourth statement to Detective Arnold was initiated by defendant, voluntary, and not in violation of Miranda, and was admissible for all purposes. At trial, neither defendant’s first statement, made to Detective Riehl, nor his third statement, made to Detective Hooks, was presented to the jury. His second statement, made during the booking process to Station Officers Gordon and Denby, and his fourth statement, made to Detective Arnold, were presented. Defendant contends that the trial court committed reversible error in admitting his second and fourth statement. He contends his second statement was obtained in violation of Miranda v. Arizona, supra, 384 U.S. 436, and tainted by a prior illegal interrogation. His fourth statement, he contends, was the tainted product of earlier illegal interrogations, the result of psychological coercion, and obtained by police lies regarding when he would see an attorney. We agree with his contentions in part as to the booking statement, but conclude that the trial court’s error in admitting those portions of the statement was harmless. We further conclude that the remainder of the booking statement and the fourth statement were properly admitted. a. Factual Background 1) Defendant’s Statement to Detective Riehl On April 19, 1988, at 5:05 a.m., defendant was interviewed on tape by Detective Riehl at the Van Nuys police station. A transcript was made of this interview. Detectives Arnold and Coblentz were also present. After obtaining certain background information about defendant, Detective Riehl informed defendant of his Miranda rights. Detective Riehl then asked, “Do you wish to give up the right to remain silent? Do you want to talk to me about what happened last night?” Defendant said, “No. I want my lawyer.” Detective Riehl asked defendant again if he wanted to give up the right to speak to an attorney and have him present during questioning. Defendant reiterated that he wanted an attorney, and said, “I want [to] talk to him first, I think.” Detective Riehl responded, “Okay. Let me explain something to you first. Now let me just, off the record, between the three of us. You’re looking at a few years of experience here, okay? And we know pretty much what happened because that’s our job. We also know that having handled a number of cases that what occurs at a later date and like I say, this is just off the record, just between the three of us, because we’re just detectives, we’re curious about things that we see physically, we’re just kind of curious how it happened. Sometimes, I know that when you get yourself in a situation like this, it really looks bleak. You say to yourself, ‘Man, this is bad.’ But I find and my partners here have found that sometimes there is mitigation. There’s a reason why things happen. You see what I’m saying and for whatever reason, it just happens. It’s what you call like a ‘heat of passion.’ And a lot of times with males and females, that’s what happens. You get into a little situation. You know you try to get next to one another and things don’t work out, that’s all. And one person gets pissed off and you know through no fault of anybody’s once in awhile, they have a couple of drinks, you know, and their minds just not working like it normally does. We understand that. But those are things we have to know, those are things in all honesty are in your defense. You see what I’m saying? Otherwise, you’re just stuck. It’s like looking at one side of the coin and saying, ‘But there’s two sides of the coin.’ And that’s, I know you’ve never found yourself in any kind of trouble before like this, and you’re saying to yourself, ‘Okay, this is, this is . . . .’” Defendant said, “Yeah.” Riehl continued, “This is, yeah, this is something that I didn’t know about, but what I’m trying to tell you is that sometimes you just have to, you know, it’s easier to talk about it. You understand what I’m saying? I can say it’s off the record, I just want to, just from an investigative standpoint, we’re just curious how you even got involved with her?” Defendant then discussed his failed marriage to a different woman, substance abuse, and criminal background in Arkansas. At the end of this discussion, Detective Riehl said, “Well basically like I told you, you already told us that you don’t want to talk to us and that’s fine and from a legal standpoint you’re safe and I wouldn’t lie to you, I really wouldn’t. I have no reason to lie to you and I don’t want to lie to you.” Defendant said, “You see I really don’t know what to do, you know, I mean . . . .” Riehl responded, “I know when you’re in this position, sometimes it’s easier to just go ahead and say, ‘Hey, this is what happened.’ I don’t know, man, I had a couple of drinks today . . . .” Defendant said, “I admit I was drunk.” Riehl said, “And I went crazy, you know, and I saw this . . . .” Defendant said, “You know what really started it off?” Defendant then relayed the incident with Stevens when defendant was accused of breaking into the Lodge office. Detective Arnold then said, “So what did you do?” Defendant answered, “I messed up, I know that.” Arnold said, “Tell me what you did.” Defendant asked, “Is this off the record?” Riehl said, “This is, like I told you, it’s off the record.” Defendant said, “I did what you said you’d catch me at.” Arnold said, “What?” Defendant said, “What you been sayin all night.” Arnold asked, “What, kill that girl?” Defendant said, “Yes, sir.” Arnold then asked, “How’d it happen Mark?” Defendant described helping Kokes move, and asking her to work out a rent payment schedule. Riehl said, “You know you’ll feel a whole lot better Mark when you get it off your chest, talk to us about it. You know we told you it’s off the record, but this is an opportunity for you to get it off your mind and feel better about it later.” Defendant said, “I’m more worried about going to jail than that being on my mind.” Riehl said, “You still have to get it off your mind, that’s gonna be there a long time. So talk to us about it.” Defendant then explained how he crushed Kokes’s throat with his hand, raped, sodomized, and beat her. He then went home for an hour and showered. When he returned, she was gasping for breath and bleeding. He strangled her, slit her throat, and stabbed her. 2) Defendant’s Booking Statement Defendant’s booking statement was introduced at the pretrial hearing through the testimony of Station Officer Gordon. She also testified at trial regarding this statement. Officer Gordon’s name at the time defendant made the statement was Officer Morgan. On April 19, 1988, at approximately 7 a.m., Station Officer Gordon booked defendant for murder. Following the booking procedure, Gordon’s partner, Station Officer Denby, then fingerprinted defendant. While she was doing so, Officer Gordon fingerprinted an unidentified detective applying for a license to be a private investigator. This detective told defendant in a casual tone defendant looked “like a traffic ticket” and asked, “Is it just a warrant?” Defendant responded, “Murder.” Officer Gordon had completed fingerprinting the detective, and after defendant’s response the detective immediately left to wash his hands in another room. Approximately two minutes passed during which neither Officer Gordon nor Officer Denby spoke to defendant. While Officer Denby completed fingerprinting defendant, defendant then told the officers he had helped Kokes move into her apartment. He returned later and knocked on the door and she let him in. He choked Kokes, and as she was gasping for air he put his hand over her mouth and raped her. He left the apartment to clean up. Upon realizing that she would not die from him just strangling her, he returned to Kokes’s apartment to kill her. To this point, neither officer had asked defendant anything. Officer Gordon then asked defendant if he felt sorry for what he had done. Defendant replied, “No.” He told the officers that he slit Kokes’s throat, and she died. He then stabbed her in the chest. One of the officers asked, “Well, if she died after you slit her throat, why did you stab her?” Defendant replied, “I just wanted to be sure.” Defendant said that the officers had told him that he had cut the woman’s breast off and he didn’t remember that but if they said so he guessed he had done it. At some point Officer Denby asked defendant, “Didn’t the woman have a child?” He replied, “Yes,” and that he was sorry. Defendant seemed “very calm.” His only concern was that the officers not call his parents. At no time during the conversation did the officers advise defendant of his Miranda rights. Both officers were in uniform and wore badges. They subsequently relayed the events to their sergeant, who instructed them to make written reports. 3) Defendant’s Statement to Detective Hooks On April 19, 1988, Detective Hooks sought and received permission from Detective Arnold to interview defendant. Hooks was aware that defendant had asked to speak to an attorney. He wanted to speak with defendant because of the “unique circumstances of this case,” meaning “the violent nature, the sexual overtones. I thought it would be good experience to go down and actually talk to someone like this.” At 9:30 a.m., Hooks interviewed defendant. The interview was taped and transcribed. He did not advise defendant of his Miranda rights. Rather, he told defendant that “it’s my understanding that you chose not to waive your rights at this time, is that correct?” Defendant responded, “What does that mean?” Hooks said, “Well, the officers gave you your rights, your Constitutional Rights, it means you don’t have to talk to us without an attorney present and all that stuff, you understand that, right? You said you wanted an attorney, right? Okay.” Defendant said, “Just to help me out a little bit cuz I got screwed over in Arkansas over this . . . .” Hooks apparently interrupted by saying, “Is that where you’re from Mark?” The two then discussed defendant’s Arkansas criminal experience, and his concern that those he had informed on would locate him. Hooks then said, “[L]et me explain to you just so I know that you understand what went on with the rights, okay? What you’re basically saying is once we give you rights and you say, ‘God, I’d rather not talk to you without an attorney.’ What that basically means is that we can’t get your side of the story about what happened, if you’d been drinking too much or had too much coke or whatever, to create this kind of activity, I just want you to understand that, okay? This is your chance to give us your side of the story, if you don’t want to do that, that’s fine, that’s up to you. I’m gonna talk [to] you anyway about it, just for my own personal knowledge and for information, maybe down the line, we can help someone who maybe has the same problem that you do. I just want you to understand that, if you do decide down the road here and when I say down the road no later than Thursday because that’s when the arraignment is going to be, that you do want to talk quote, ‘on the record’, okay?” Defendant said, “Yeah.” Hooks then said, “I’m going to leave you a card, if you decide you want to, . . . because some people in a situation like that do get the feeling that, hey, I want to clear it up, I want to get it done, I want to take care of business now, get it finished, cleanse my soul, so to speak, and move on with my life. ... if you want to do that, you can call me or Detective Riehl, okay? And what you have to do is get a jail[e]r and say, T want to talk to this detective.’ Give him a card, he’ll call us and we’ll come back down, then we can go through the rights again and talk on the record. I just want you to understand that?” Defendant responded, “So, this one is off the record?” Hooks said, “This is off the record.” Defendant said, “Okay.” Hooks said, “Basically, where are you from?” The two proceeded to discuss defendant’s life in Arkansas, his work as a chef, his move to California, and his drug and alcohol usage. Hooks then said, “So like I say, I know you’ve been through this once already and I appreciate you taking time to go over it with me again. Like I say, it’s for my information, it’s at your request now that this isn’t used in court or anything else. That’s fine, I respect that, but by giving me this information, by going over it and being honest and candid with me, maybe down the line we can prevent something like this and help somebody.” Defendant said, “Yeah.” Hooks said, “That’s why I’m here, to go through this thing with you again and believe it or not, it will eventually down the road probably make you feel a little better too.” Defendant said, “Yeah.” Defendant then, in response to Detective Hooks’s questions, relayed the prior day’s events from the time he got up in the morning until his arrest. He described his attack on Kokes in a manner similar to that made in his statement to Detective Riehl. Hooks said, “I appreciate you talking this way, and believe me you’re gonna feel better down the road when it’s done. You have to get these demons out of you, man, if you know what I’m saying. That sounds corny, but it’s the truth.” Defendant said, “Yeah.” Defendant then described going home to shower, and returning to kill Kokes with details similar to his statement to Detective Riehl. Hooks said, “Believe me, there have been people who have done things worse than this. A lot worse. Granted, someone is dead, you’re caught up in a frenzy type thing. You had a lot to drink, there’s no doubt about that and I don’t think the real or the normal ‘Mark’ would have done this.” Defendant replied, “I know I wouldn’t.” They continued discussing the events during and after the murder, and discussed defendant’s psychological background. Hooks then said, “. . . Well, like I say, it sounds like you fell victim to that bottle a little bit, it really does, and like I said, if you want this to go on the record to get your side of the story in, I’ll give you my card and call me or Riehl. . . . I’m not going to make any promises or anything else, I wouldn’t do that. I’m going to be up front with you about what happens and about what is going to happen in that I don’t know what’s going to happen at this point.” Defendant inquired, “What can happen?” Hooks said, “Well, it can go anywhere from, and this is just my opinion, I’m not telling you what’s going to happen, it can go anywhere from a 2nd degree murder to a 1st degree murder, which basically, a 1st degree murder is more severe, as you can imagin[e]. It’s hard to tell, it really is with these things. Once we get into court, the lawyers are judges, everything is going to be considered. Specifically, your drinking, how much you had, if you’d done this kind of thing before. If there’s a trail o[f] girls laying from here to Colorado, then it doesn’t look too good for you. And I’ll tell you this right now, we are going to find out. We’ve already sent teletypes out across the United States, just as a precautionary thing, it would be better if we could clear it up now and start toward, maybe if you had this problem somewhere else, and if you can zero us in on it a little bit.” Defendant responded, apparently intending to deny the existence of other murders. Hooks said, “Okay, that’s great, that’s fine and like I say, it[’s] completely up to you if you decide you want to talk and we’ll get in on the record, your feelings about what happened and how you feel about it and everything else . . . it’s up to you. . . .” Defendant said, “Okay.” “And I really appreciate you talking to me Mark. I really do. I hope things work out for you, I’m sure they will. The main thing now whatever happens with this is that you have to get off that bottle and that coke. That’s what’s killing you.” “Yeah.” “You’re not a stupid guy, you’re fairly intelligent, you know how to make money, you have a problem with that bottle, man. And I think that’s at the root of this whole mess. Do you agree?” “Yes.” Hooks said, “Okay.” Defendant then asked, “Like I talked to one detective who was saying maybe we can’t see what we can’t do.” Hooks replied, “Sure, down the road and like I say he’s not making you any promises of leniency or anything else. You’re gonna have to pay for what you did, there’s no doubt about that, you understand that, you’ve had a wife and girlfriends and a family so, we’ll see what happens. Like I say, if you want to talk [s]ome more, you give me a call, okay?” Defendant said, “[I] appreciate this, so if I don’t want to put it on the record unless I got a lawyer, I won’t see one til Thursday, right?” Hooks said, “Right. Okay? Thanks Mark, I appreciate it. . . .” 4) Defendant’s Statement to Detective Arnold The next morning, April 20, 1988, defendant called Detective Hooks and said he wanted to put a statement on the record. At approximately 10 a.m., defendant met with Detective Arnold. The interview was tape-recorded and transcribed. Arnold asked, “Why did you want to talk with us?” Defendant replied, “I had some questions and I’ll probably talk, I don’t know.” Arnold said, “Ok.” Defendant asked, “Ok, everything I’ve said so far is off the record, right?” “That’s correct.” “And I already know I’m going to the penitentiary, you guys talk about getting help, do I get help down there?” “What kind of help are you talking about, man?” “I don’t know, that the thing . . . .” “For what’s going on in your head?” “Yea. . . .” “Yea, yea.” “And who decides that, if I get the help?” “Well, it’s normally part of the sentence or part of the whole situation.” “So I could be like sent down there to be put in like a mental institution down there[.]” “Let’s put it this way, you could go any place from San Qu[e]ntin to Atascadero State Hospital, which is a hospital for people with mental problems involved in criminal activity—you could go to, ah, I think there’s one in [Vjacaville which is a medical type situation, ah, and I think there’s a couple others, I can’t remember off hand. But. . . the two [absolute] extremes in [Vjacaville, not [Vjacaville, but Atascadero which is a real heavy mental facility and San Qu[e]ntin or Folsom which is the slam dunk criminal side of it. And of course the Spectrum is all the way in between that, so you know, it[’]s obvious you have some sort of a problem and it, I’m sure contributed to this incident.” Defendant then asked, “Say like I don’t want a lawyer, do you guys tell the judge that, you know, you think I got a problem, or do I got to get a lawyer to do that? You know what I’m saying?” Arnold replied, “Well, what you do is you tell me that you, cuz I don’t know if you have a problem unless you tell me you got a problem. You tell me—Hey, look I got a problem—I got hang-ups, I got stuff like that. You know I didn’t just get off the tuna boat, right?” “Uh uh.” “Ok, just by seeing what happened I know you have a problem cuz I’ve been doing this for a long time and what happens is I tell the judge what I observed. I tell the judge what you tell me right? I put it down in my documentation and say, ‘Hey, here’s what we got.’ Ok. The man has a problem and probably [it’s] a real good thing we got you now instead of 2 or 3 down the road. Or whatever may be behind.” “There’s none behind, I told you already.” “So, anyway, so that’s the deal. If you would like to make an on the record statement, we’ll do it. I’ll readvise you of your constitutional rights and then we’ll go ahead and I’ll put your words on this piece of paper here and I’ll give you the opportunity to look over it and that’ll be your official version of what happened and ah, you want to t[a]lk about what’s going on in your head, we’ll talk about that too.” “I really don’t know what’s going on in my head—that’s the thing.” “But I tell you, there’s definitely something going on, like I can see it, and we’ll take care of business, ok? Is that what you’d like to do?” “Yea[.]” Arnold then said, “Ok, nobody’s making any threats to you?” “No.” “Making any pr[o]mises to you?” “No.” “Ok, I’m going to advise you of your constitutional rights again, ok? Ok. You have the right to remain silent which means you don[’]t have to talk to me. If you give up the right to remain silent, anything you say can and will be used against you in a court of law right?” “Ok.” “You understand that whatever you tell me now, you’re going to see it later, right?” “Yea, ok.” “You have the right to speak with an attorney and have an attorney during questioning—in other words, if you want to talk to me and you want to have an attorney here, you have the right. Ok.” Defendant asked, “How long does that take if I do?” “Well[.]” “Just out of curiosity[.]” “I’ll be right honest with you—it would take awhile.” “Yea—that one guy said I couldn’t see a lawyer till after Thursday.” “Who’s that?” “Defective] Hooks.” “Well, you’d see a lawyer, if you have a private attorney, you could see a private attorney just dialing up on the telephone. Public defender—you’d first see a public defender tomorrow. So[.]” “Do I still see one tomorrow anyway?” “Sure—now let me explain something to you, when you give up your right to have an attorney, we’re only talking about you and me talking here, any t[ime] down the line you say, ‘Hey, Defective] Arnold, I want an attorney here.’ Fine. We’ll get you an attorney. That doesn’t mean you’re giving up your right to an attorney any time during the criminal process.” “Ok.” “You’ll have your public defender when you go there, you’ll have all the representation your little heart desires—compliments of the State of California. So, when I say you have the right to remain, or the right to have an attorney and if you give up the right to have an attorney that’s only for you and me talking—not any place down the line.” “Ok.” “Any questions on that?” “No.” “Ok . . . . You have the right to have an attorney present during questioning—ok—and if you cannot afford an attorney, one will be appointed for you without charge before questioning. Ok, you understand that?” “Ok.” “Now, do you wish to give up your right to have an attorney present during this conversation?” “Yea.” “. . . Just to be sure, I’ll go over it again. You have the right to remain silent—if you give up the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to speak with an attorney and have an attorney present during questioning. If you so desire and cannot afford an attorney, one will be appointed for you without charge before questioning. Ok? Do you understand? Ok—Do you wish to give up your right to remain silent and talk to me, about this incident?” “Yes.” “Yes?” “Yea, I’ll talk to you.” “Yes?” Defendant’s response was inaudible. Arnold again asked, “Yes?” Defendant said, “Yes.” “Ok—Do you wish to give up your right to have an attorney present during questioning?” “Yea.” Defendant and Arnold discussed defendant’s background, his move to California, and the weeks preceding the attack. Defendant also described the events of April 18 from the time he woke up until his arrest, including the attack on and murder of Kokes. His statement regarding the murder is recounted above. (See ante, pp. 1018-1019.) Arnold then said, “Tell you what, there might be somebody I’d like you to talk to, its another detective and basically he specializes in stuff like this and he’d probably like to talk to you.” Defendant said, “I’d be more than glad to talk.” At the conclusion of the interview, defendant signed a statement generally incorporating the substance of what he had told Detective Arnold. Defendant then said, “I did kill somebody and what I did it bothers me, but it bothers me more to know that I don’t get along with my parents and stuff.” Arnold said, “Ok. We’ll talk this afternoon. I’m sure it will make you fe[e]l a lot better.” b. Analysis In considering a claim that a statement or confession is inadmissible because it was obtained in violation of a defendant’s rights under Miranda v. Arizona, supra, 384 U.S. 436, the scope of our review is well established. “We must accept the trial court’s resolution of disputed facts and inferences, and its evaluations of credibility, if they are substantially supported. [Citations.] However, we must independently determine from the undisputed facts, and those properly found by the trial court, whether the challenged statement was illegally obtained.” (People v. Boyer (1989) 48 Cal.3d 247, 263 [256 Cal.Rptr. 96, 768 P.2d 610]; People v. Kelly (1990) 51 Cal.3d 931, 947 [275 Cal.Rptr. 160, 800 P.2d 516].) We apply federal standards in reviewing defendant’s claim that the challenged statements were elicited from him in violation of Miranda. (People v. Sims (1993) 5 Cal.4th 405, 440 [20 Cal.Rptr.2d 537, 853 P.2d 992]; People v. Markham (1989) 49 Cal.3d 63, 65 [260 Cal.Rptr. 273, 775 P.2d 1042]; People v. May (1988) 44 Cal.3d 309, 315 [243 Cal.Rptr. 369, 748 P.2d 307].) In Miranda v. Arizona, the United States Supreme Court “determined that the Fifth and Fourteenth Amendments’ prohibition against compelled self-incrimination required that custodial interrogation be preceded by advice to the putative defendant that he has the right to remain silent and also the right to the presence of an attorney.” (Edwards v. Arizona (1981) 451 U.S. 477, 481-482 [68 L.Ed.2d 378, 384-385, 101 S.Ct. 1880].) There is no dispute in this case that defendant was in custody when he made his four statements. The “[f]ailure to administer Miranda warnings creates a presumption of compulsion. Consequently, unwarned statements that are otherwise voluntary within the meaning of the Fifth Amendment must nevertheless be excluded from evidence under Miranda.” (Oregon v. Elstad (1985) 470 U.S. 298, 307 [84 L.Ed.2d 222, 230-231, 105 S.Ct. 1285].) However, if an un-Mirandized statement is voluntary, any subsequent statement made pursuant to a voluntary and informed waiver is admissible in the prosecution’s case-in-chief. (Oregon v. Elstad, supra, 470 U.S. at pp. 303, 309, 318 [84 L.Ed.2d at pp. 228, 232, 237-238].) As the high court has observed, the “absence of any coercion or improper tactics undercuts the twin rationales— trustworthiness and deterrence—for a broader rule. Once warned, the suspect is free to exercise his own volition in deciding whether or not to make a statement to the authorities.” (Id. at p. 308 [84 L.Ed.2d at p. 232].) The state must demonstrate the voluntariness of a confession by a preponderance of the evidence. (Colorado v. Connelly (1986) 479 U.S. 157, 168 [93 L.Ed.2d 473, 485, 107 S.Ct. 515]; Lego v. Twomey (1972) 404 U.S. 477, 489 [30 L.Ed.2d 618, 627-628, 92 S.Ct. 619].) If the defendant receives Miranda warnings, and thereafter requests counsel, “ ‘the interrogation must cease until an attorney is present.’ ” (Edwards v. Arizona, supra, 451 U.S. at p. 482 [68 L.Ed.2d at p. 384], quoting Miranda v. Arizona, supra, 384 U.S. at p. 474 [16 L.Ed.2d at pp. 723-724].) Interrogation consists of words or actions on the part of the police that they should know are “reasonably likely to elicit an incriminating response.” (Rhode Island v. Innis (1980) 446 U.S. 291, 303 [64 L.Ed.2d 297, 309, 100 S.Ct. 1682].) However, if the defendant thereafter initiates a statement to police, “nothing in the Fifth and Fourteenth Amendments . . . prohibits] the police from merely listening to his voluntary, volunteered statements and using them against him at the trial.” (Edwards v. Arizona, supra, 451 U.S. at p. 485 [68 L.Ed.2d at p. 387].) Moreover, if the defendant’s statement is not only voluntary, but constitutes a knowing and intelligent waiver of his right to see counsel, the interrogation may resume. (Id. at pp. 482, 486, fn. 9 [68 L.Ed.2d at pp. 384-385, 387].) Such a knowing and intelligent waiver is “a matter which depends in each case ‘upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.’ ” (Id. at p. 482 [68 L.Ed.2d at p. 385].) The state must demonstrate the validity of the defendant’s waiver by a preponderance of the evidence. (Colorado v. Connelly, supra, 479 U.S. at p. 168 [93 L.Ed.2d at p. 485]; People v. Clark (1993) 5 Cal.4th 950, 987, fh. 12 [22 Cal.Rptr.2d 689, 857 P.2d 1099].) 1) Booking Statement Defendant first contends that his booking statement was obtained in violation of Miranda. We agree with this contention in part. As noted earlier, during the booking process, an unidentified detective told defendant in a casual tone that defendant looked “like a traffic ticket” and asked, “Is it just a warrant?” Defendant responded, “Murder.” The detective left the room, and approximately two minutes later, defendant began describing Kokes’s murder to Station Officers Gordon and Denby. From the time the detective left the room, until defendant finished his initial statement regarding the murder, the station officers made no remarks to defendant. The trial court found that defendant’s statement to the officers was voluntary and not the product of interrogation. “We review the trial court’s finding regarding whether interrogation occurred for substantial evidence or clear error.” (People v. Clark, supra, 5 Cal.4th at p. 985; People v. Clair (1992) 2 Cal.4th 629, 678 [7 Cal.Rptr.2d 564, 828 P.2d 705].) We agree with the trial court there is substantial evidence that the unnamed detective’s casual statement that defendant looked “like a traffic ticket” and question, “Is it just a warrant?” was not an interrogation. In so doing, we focus “primarily upon the perceptions of the suspect, rather than the intent of the police.” (Rhode Island v. Innis, supra, 446 U.S. at p. 301 [64 L.Ed.2d at p. 308].) As the court noted, “the officer . . . made a remark, and he didn’t even wait around to hear what the answer was, really after the word murder . . . .” “The case thus boils down to whether, in the context of a brief conversation, the officer[] should have known that [defendant] would suddenly be moved to make a self-incriminating response. Given the fact that the entire conversation appears to have consisted of no more than a few offhand remarks, we cannot say that the officer[] should have known that it was reasonably likely that [defendant] would so respond.” (Rhode Island v. Innis, supra, 446 U.S. at p. 303 [64 L.Ed.2d at p. 309].) Neither the detective’s statement nor his question was “reasonably likely to [elicit] an incriminating response.” (Id. at p. 301 [64 L.Ed.2d at p. 308].) Moreover, after independent review, we conclude that two minutes later, after the detective had left the room, defendant voluntarily initiated a discussion regarding the murder, and spoke at length before the station officers began to question him. All of these statements were therefore admissible. (Edwards v. Arizona, supra, 451 U.S. at p. 485 [68 L.Ed.2d at pp. 386-387].) Following this discourse, however, the station officers began to question defendant. This constituted custodial interrogation. (Rhode Island v. Innis, supra, 446 U.S. at p. 301 [64 L.Ed.2d at p. 308]; see Pennsylvania v. Muniz (1990) 496 U.S. 582, 602, fn. 14 [110 L.Ed.2d 528, 552, 110 S.Ct. 2638] [“ ‘Without obtaining a waiver of the suspect’s Miranda rights, the police may not ask questions, even during booking, that are designed to elicit incriminatory admissions.’ ”].) Accordingly, because defendant had invoked his right to counsel, the prosecution was then required to further demonstrate by a preponderance of the evidence that defendant made a knowing and intelligent waiver of this right “under the totality of the circumstances, including the necessary fact that the accused, not the police, reopened the dialogue with the authorities.” (Edwards v. Arizona, supra, 451 U.S. at p. 486, fn. 9 [68 L.Ed.2d at p. 387]; id. at p. 484 [68 L.Ed.2d at pp. 385-386] [“the voluntariness of. . .an admission on the one hand, and a knowing and intelligent waiver on the other, are discrete inquiries”]; cf. Arizona v. Roberson (1988) 486 U.S. 675, 687 [100 L.Ed.2d 704, 717, 108 S.Ct. 2093] [“we attach no significance to the fact that the officer who conducted the second interrogation did not know that respondent had made a request for counsel”].) We conclude after independent review that while defendant’s statement continued to be voluntary after this interrogation began, there was no such knowing and intelligent waiver. While the fact that defendant initiated the conversation with the officers is strong and essential evidence of a knowing and intelligent waiver, it is not dispositive. Rather, Edwards requires that a waiver be found to be knowing and intelligent “under the totality of the circumstances, including the necessary fact that the accused, not the police, reopened the dialogue with the authorities.” (Edwards v. Arizona, supra, 451 U.S. at p. 486, fn. 9 [68 L.Ed.2d at p. 387], italics added; see Oregon v. Bradshaw (1983) 462 U.S. 1039, 1044 [77 L.Ed.2d 405, 412, 103 S.Ct. 2830] (plur. opn. by Rehnquist, J.) [Even if the accused initiates conversation, “the burden remains upon the prosecution to show that subsequent events indicated a waiver of the Fifth Amendment right to have counsel present during the interrogation.”].) “[T]he waiver must have been made with a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it. Only if the ‘totality of the circumstances surrounding the interrogation’ reveals ... the requisite level of comprehension may a court properly conclude that the Miranda rights have been waived.” (Moran v. Burbine (1986) 475 U.S. 412, 421 [89 L.Ed.2d 410, 421,106 S.Ct. 1135].) “Once it is determined that a suspect’s decision not to rely on his rights was uncoerced, that he at all times knew he could stand mute and request a lawyer, and that he was aware of the State’s intention to use his statements to secure a conviction, the analysis is complete and the waiver is valid as a matter of law.” (Id. at pp. 422-423 [89 L.Ed.2d at 422], fn. omitted.) We see no evidence that at the time the station officers questioned defendant, he possessed “a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it.” (Moran v. Burbine, supra, 475 U.S. at p. 421 [89 L.Ed.2d at p. 421].) First, the officers did not advise defendant of his Miranda rights before they started to question him. (Wyrick v. Fields (1982) 459 U.S. 42, 44, 47-48 [74 L.Ed.2d 214, 216-219, 103 S.Ct. 394]; cf. People v. Sims, supra, 5 Cal.4th at p. 446 [prior to commencement of second interrogation, which defendant initiated, defendant received and expressly waived Miranda rights].) While it is not clear that Miranda warnings are always required to find a knowing and intelligent waiver of the right to counsel, their absence under the circumstances of this case weakens the claim that defendant made such a waiver. Thus, in Wyrick v. Fields, supra, 459 U.S. at pages 43-44 [74 L.Ed.2d at pages 216-217], the defendant who had previously invoked his right to counsel, requested a polygraph exam. Prior to undergoing the exam, Fields was given a written consent document, which he signed, informing him of his Miranda rights. (Id. at p. 44 [74 L.Ed.2d at pp. 216-217].) In addition, a detailed statement was read to Fields which reiterated and explained these rights. (Ibid.) Under the totality of these circumstances, the high court concluded that Fields had knowingly and intelligently waived his right to counsel, and that additional Miranda warnings were not required before Fields was interrogated following the polygraph exam. (Id. at pp. 47-48 [74 L.Ed.2d at pp. 218-219].) The court reasoned, “the questions put to Fields after the examination would not have caused him to forget the rights of which he had been advised and which he had understood moments before.” (Id. at p. 49 [74 L.Ed.2d at p. 219]; Oregon v. Bradshaw, supra, 462 U.S. at p. 1046 [77 L.Ed.2d at p. 413] [The officer “immediately reminded the accused that ‘[y]ou do not have to talk to me,’ and only after the accused told him he ‘understood’ did they have a generalized conversation. [Citation.] On these facts we believe that there was not a violation of the Edwards rule.”]; see also Patterson v. Illinois (1988) 487 U.S. 285, 293 [101 L.Ed.2d 261,272,108 S.Ct. 2389] [“we are convinced that by admonishing petitioner with the Miranda warnings, respondent has met this burden and that petitioner’s waiver of his right to counsel at the [postindictment] questioning was valid” [fh. omitted]].) In contrast here, while defendant had been read his Miranda rights two hours earlier, he had then invoked his right to counsel, and been told that the continuing interrogation was “off the record.” Nothing in defendant’s responses to the station officers’ questions indicates that he now intended to waive that right to counsel. Nor did the station officers remind defendant that he did not have to speak to them. Moreover, during the final interrogation with Detective Arnold on April 20, defendant began the interview by asking, “Ok, everything I’ve said so far is off the record, right?” He was told, “That’s correct.” We can therefore infer that defendant did not believe that in responding to the station officers’ questions he had made a statement that could be used against him. While this does not affect the voluntariness of the statement, it does indicate whether there was a knowing and intelligent waiver of his right to counsel prior to the interrogation. We conclude after independent review that under these circumstances the prosecution failed to establish by a preponderance of the evidence that defendant knowingly and intelligently waived his right to counsel. We further conclude, however, that introduction of this portion of the statement was harmless beyond a reasonable doubt. (People v. Sims, supra, 5 Cal.4th at p. 447.) Officer Gordon’s testimony at trial varied slightly from that at the pretrial hearing. The statement presented at trial included defendant’s admission that he did not feel sorry for what he had done, that Kokes had not provoked the attack, that she died when he slit her throat, that he then stabbed her in the chest “to be sure,” that he did not remember cutting off her breast, but if they said so he guessed he had done it, that having intercourse with a person gasping for air was “okay,” his sorrow that the victim’s child would grow up without a mother, his concern that the officers not call his parents, and that he had been drinking, but was not drunk. This evidence was essentially duplicative of defendant’s April 20 statement to Detective Arnold, which we conclude was fully admissible, in which he described raping and sodomizing Kokes while she choked on her blood and gasped for air, and in which he stated that “I did kill somebody and what I did it bothers me, but it bothers me more to know that I don’t get along with my parents and stuff’; forensic evidence that Kokes was stabbed, her throat slit, and that defendant’s teeth fit the bite pattern where Kokes’s nipples had been removed; and testimony that defendant had been drinking, but appeared to retain full use of his faculties. Moreover, the evidence of defendant’s guilt for Kokes’s murder was overwhelming. Most importantly, defendant gave a detailed description of the attack in his April 20 statement. In addition, a wooden knife handle tainted with blood that was consistent with Kokes’s was found in defendant’s pocket on the night of the murder, blood on his clothes and shoes was consistent with her blood, his fingerprint was found inside Kokes’s apartment, and his semen was consistent with that found in the victim. He also possessed Kokes’s driver’s license and other personal items. Defendant next contends that his booking statement was “inextricably linked” to his first statement, and therefore the “second confession should have been excluded as the inadmissible tainted product of the first unlawful interrogation.” Defendant did not make this argument below, and it is therefore waived. (See People v. Ray (1996) 13 Cal.4th 313, 339 [52 Cal.Rptr.2d 296, 914 P.2d 846].) We also reject the claim on the merits. We conclude below that because the three interrogations preceding defendant’s fourth statement to Detective Arnold were voluntary, we need not consider whether his fourth statement was the tainted product of these interrogations. Accordingly, we need not consider whether defendant’s booking statement, which was his second statement, was so tainted. 2) Statement to Detective Arnold Defendant contends that his fourth statement, made on April 20 to Detective Arnold, was the tainted product of earlier illegal interrogations, was involuntary and the result of repeated psychological coercion, and was obtained by police lies regarding when defendant would see a public defender. We conclude the statement was properly admitted. Defendant first contends that the fourth statement was the tainted product of his earlier statements to Detective Riehl, Station Officers Gordon and Denby, and Detective Hooks. We disagree. In Oregon v. Elstad, supra, 470 U.S. 298, the United States Supreme Court held that the Fifth Amendment does not require the “suppression of a confession, made after proper Miranda warnings and a valid waiver of rights, solely because th