Full opinion text
Opinion GEORGE, C. J. Following the guilt phase of the trial, a jury found defendant Joseph William Hart guilty of one count of first degree murder of Diana Lynn Harper (Pen. Code., §§ 187, 189), and found true the special circumstances that the murder was committed while defendant was engaged in the commission of, attempted commission of, or immediate flight after commission of the crimes of rape and sodomy. (§ 190.2, subd. (a)(17)(C), (D).) The jury also found defendant guilty of rape, sodomy, and oral copulation of Amy R. (§§ 261, 286, 288a.) At the penalty phase, the jury fixed the penalty at death. The trial court denied the automatic motion to modify penalty. (§ 190.4, subd. (e).) Thereafter, the court imposed a sentence of death. This case reaches us on automatic appeal. (Cal. Const., art. VI, § 11; § 1239, subd. (b).) We affirm the judgment in its entirety. Facts The evidence at trial established that shortly before noon on March 24, 1986, the murder victim, Diana (known as Diane) Lynn Harper, and her friend, Amy R., each 15 years of age, decided to leave the Riverside County high school in which they were enrolled as students, to meet Diane’s boyfriend at a local 7-Eleven store. In the parking lot of the store, Diane began conversing with a stranger, who told her that he had found a marijuana patch and needed someone to watch the road while he harvested the plants. He offered the girls $1,000 to serve as lookouts. The girls entered his vehicle, and the man drove them 30 to 40 miles, stopping once to purchase beer, and again to obtain storage bags for carrying the marijuana. At trial, Amy identified the man as defendant. The car stopped at a dirt road in a rural area. Defendant told Amy to wait by the vehicle, and he and Diane walked up the path and out of Amy’s view. Shortly thereafter, defendant returned and asked Amy to help him carry the bags. Amy went with him and saw Diane’s partially clothed body lying facedown on the ground. Diane appeared to be dead or unconscious. Amy tried to run away, but defendant caught her, tore her clothes, forced her to orally copulate him, and raped and sodomized her. Amy testified at trial that defendant explained to her: “I’m really sorry I had to do this, but you know, I had a shitty day . . . .” Defendant informed Amy that “your friend was an asshole, she called me a few names, and I think she’s dead.” He also told Amy that he planned to hit Amy with a rock to render her unconscious. By misleading defendant into believing that she had been abused as a child, and promising that she would not contact the police, Amy persuaded defendant not to knock her out, and eventually he drove her back to a location near the 7-Eleven store. He gave her a quarter to phone home, and drove away. Amy immediately contacted her sister and, shortly thereafter, spoke with law enforcement officers. Later that evening, Amy directed the officers to the crime scene, where Diane’s body was found. The cause of Diane’s death was identified as massive cerebral contusions and hemorrhage, caused by external trauma to the head. Law enforcement investigators recovered evidence indicating that Amy and Diane each had been sexually assaulted. A fingerprint matching that of defendant was recovered from a beer bottle found close to Diane’s body. Tire impressions found in the vicinity of the murder scene were consistent with those of defendant’s vehicle, which Amy also identified as the one she and Diane had entered. Shoeprints were consistent with a partially burned shoe found in a 55-gallon drum outside defendant’s residence. Other physical evidence also connected defendant to the crime scene. Defendant was arrested on May 8, 1986—five days after the murder of his young niece, Shelah McMahan. In a police lineup, Amy was shown five individuals including defendant, and collapsed upon viewing him; immediately thereafter, she identified defendant as the man who had assaulted her. Defendant’s time cards indicated that, on the day the crimes were committed, he worked until 11:30 a.m. on a construction job near the 7-Eleven store where the girls were picked up. A few days later, one of defendant’s coworkers observed that defendant had a bandaged hand and that his right arm was in a sling; the physician who treated defendant’s injury testified that it was commonly known as a “boxer’s fracture,” because it typically is sustained by striking a closed-fist blow against a fixed or hard object. I. Guilt Phase Evidence A. The Prosecution’s Case 1. Overview The prosecution’s theory of the case was that defendant’s effort to entice the girls into his vehicle and drive them to a remote area was part of a premeditated plan to commit rape, and that the murder of Diane was committed in the course of perpetrating rape. To establish that theory, the prosecution presented Amy’s testimony, and introduced physical and circumstantial evidence linking defendant to the crimes. 2. The Events of March 24, 1986 Amy testified that she and Diane left high school on March 24, 1986, stopping first at a nearby Der Weinerschnitzel restaurant for a soda, then at another restaurant, Don Jose’s, where Diane submitted an application for employment. The girls thereafter crossed the street to an area adjacent to a 7-Eleven store to wait for Diane’s boyfriend, David Starbuck. A brown Toyota vehicle entered a nearby driveway, and Diane began conversing with its driver. Amy joined in the conversation. The driver informed the girls that “he had found a marijuana field and he had a lady that was going to go with him and she couldn’t make it, and he couldn’t take another day off work and ... I guess [the marijuana] wasn’t his, and so he needed someone to watch the road while he went and chopped down the marijuana. ... He just wanted one of us.” The man informed the girls that he would pay $1,000 for the assistance he requested, adding that “we would be back in an hour.” The girls decided that if one of them were going to accompany the man, they both would do so, and so they entered his vehicle. Amy noticed an orange towel on the dashboard. Amy told Diane: “Oh, David is going to kill you for doing this.” The man responded: “Will he kill you for making a thousand dollars in an hour? Why would he kill you for making a thousand dollars in an hour?” Amy estimated that the three of them thereafter traveled about 30 or 40 miles, stopping at a Circle-K store because the driver said he was thirsty. The man returned to the car with a six-pack of Budweiser beer in bottles. The three drank the beer. The man informed the girls that he would need bags to put the marijuana in “[a]nd that it wouldn’t be cool to put it in a white plastic bag.” He sent Amy back into the store to obtain some paper bags. The trio then drove to a Thrifty store where the girls procured more bags. Next, they traveled to a hardware store, because the man said “the marijuana was thick and that he needed to get a hatchet to chop it down with.” The man entered the store for the purpose of purchasing a hatchet, emerging shortly thereafter without one, however, informing the girls that the hatchet cost $15, which was too much money for him to pay. He explained, “It’s okay because I have a screwdriver in the trunk.” Diane responded: “I have this knife if you want to use that,” and gave the man a small buck knife that she kept in her purse. Amy expressed her displeasure with this arrangement, and the man returned the knife to Diane. The trio then drove for awhile on a freeway, exiting near a field. The man tried to drive the vehicle into the field, but was unable to do so. He told the girls, “I know another way to get in,” and they kept driving. The car proceeded onto a dirt road near a sign that read, “80 Acres for Sale,” passing a Volkswagen car shell. The vehicle stopped; the occupants emerged from the car, and the man removed the bags from the trunk. He told Amy to watch the road while he and Diane harvested the marijuana. Before departing, the man relieved himself; while he was doing so, the girls agreed to call to each other to make sure everything was all right. But after a few minutes, the man and Diane returned, the man informing the girls that the marijuana patch was not there. They returned to the car, and drove to where the dirt road stopped at a dead end. The man put the cap on his beer bottle, placed the bottle in a white plastic bag, and left the bag outside the car. The man and Diane walked up a dirt path, while Amy stayed by the vehicle. Diane had her knife with her. Amy waited for about 15 or 20 minutes, picking at the label on her bottle of beer. She started calling Diane’s name, but heard no response. She threw the bottle into a bush. She noticed a bumper sticker on the man’s vehicle. It read, “Skier.” She also noticed the license plate holder, which exhibited the words, “Have a Nice Day.” At some point thereafter, the man returned to the vehicle, alone. He informed Amy that Diane was cooling her feet in a spring and that he needed Amy’s assistance to carry down the bags. Amy followed the man up the trail. Informing her that he saw a snake, the man picked up a rock. Amy told him to give it to her. The man did so, saying, “But I’ll have to get another one, you don’t want me to get killed, do you?” Amy gave the rock back to the man. At approximately the same time, Amy saw Diane’s body, partially clothed and lying facedown. Frightened, Amy started to run back down the path. The man chased her, hitting her in the back with a rock, causing her to fall down. He started punching Amy in the face, and the two fell into a gully. Amy pleaded with the man to let her hear Diane say something. The man repeatedly told her to shut up, that Diane was unconscious and unable to speak. “You’re kind of funny, kid,” he added, “I’m about to rape you and all you can do is think about your friend.” The man stood behind Amy, tore her blouse, pulled her skirt up, and ripped off her panties. She noticed that his trousers were down and he was holding his penis, “just slapping it back ánd forth.” Angrily, the man kept telling her, “Don’t look at me.” But Amy continued to glance back at the man. “It’s hard for me to get it up after I just got it on with your friend,” he explained. The man attempted to sodomize Amy. Repeatedly unable to achieve penetration, he turned Amy around, asking her, “How are you at giving head, kid?” He placed Amy on her knees, telling her, “Do it,” and shoved his penis into her mouth. After the man achieved an erection, he turned Amy around, began biting her neck, and sodomized her. Amy asked the man if he was going to kill her. He replied, “I’ve done this in people’s houses and I’ve never killed anyone yet.” He then dragged Amy back up the path toward Diane’s body, telling her that she had better shut up or he was going to get his Vaseline. While he was dragging Amy along, he picked up a small square jar of Vaseline. The man threw Amy down and forced her to orally copulate him again. He applied the Vaseline to himself. Then he raped her. Amy asked the man again if he was going to kill her. He said that he was going to render her unconscious by hitting her on the back of the neck with a rock. Amy suggested that he tie her up instead, dig a hole, and place her in the hole. The man agreed that it would be a good idea to tie her up, and did so with her blouse and bra. The man informed Amy that he had to find Diane’s knife, but his efforts to locate it were unsuccessful and he returned to Amy, telling her that “your friend was an asshole, she called me a few names, and I think she’s dead.” Amy replied that there was no reason he also had to kill her. The man repeated his desire to render her unconscious to allow him time to get away. Amy pleaded with the man not to hit her, concocting a false story that when she was three years old, her father used to hit and beat her, and that she was afraid of being hit. Upon hearing Amy’s pleas for mercy, the man’s attitude began to change. He said he understood what Amy had gone through “because I was raped myself by three [Bjlack men and I’m really sorry I had to do this, but you know, I had a shitty day. . . .” Amy continued to promise that she would not tell anybody, so he untied her and took her back down the trail, repeatedly complaining, “You made me hurt my hand, kid.” Amy noticed that his hands were “really dirty” and “permanently stained.” Still fearing for her life, Amy asked the man to hold her hand. Instead, he put his arm around her and continued to express remorse. He placed Amy in his vehicle, and the pair drove away. When Amy asked whether she could disclose Diane’s whereabouts, the man replied: “I wouldn’t do that. . . . This is what you’re going to tell them. You’re going to tell them it was a [Bjlack man, a [Bjlack man took you—if you have to tell them anything.” He added: “I’m putting 15 years of my life in your hands, kid.” Amy renewed her promise not to discuss the incident, to which the man replied, “But that doesn’t matter because by the time they pick me up . . .1 can get out before the . . . sentencing. . . . Anyway, I’ve got two good friends that would do anything for me.” The man dropped Amy off approximately one block from a 7-Eleven store. As Amy emerged from the car, the man warned her not to call the police. Then he gave her a quarter to phone home and departed. Amy called her sister, informing her of the incident. The sheriff’s department was contacted, and Amy later accompanied detectives to search for Diane. 3. The Crime Scene Investigation Riverside County Sheriff’s Department Detective Richard Moker testified that, in the evening of March 24, 1986, he accompanied Amy in an effort to locate Diane’s body. He described the manner in which he and other law enforcement officers attempted to retrace the route the girls had taken, the officers relying upon Amy’s description of the stores the trio had visited, distinctive road signs they had observed, and the crime scene terrain. At approximately 11:00 p.m., after nearly six hours of searching, the officers located the Volkswagen shell. Shortly thereafter, the officers found a white plastic sack containing a Budweiser six-pack container. Fearful that the man who assaulted her might be lurking in the area, Amy asked the officers whether they were armed and indicated that she wanted to leave as soon as possible. She also told them where Diane’s body could be found. Thereafter, one of the officers transported Amy to the hospital to enable her to undergo a rape examination, while investigators searched the crime scene. On cross-examination, Detective Moker testified that when he first encountered Amy, she informed him that Diane could be found “lying on her back” (thereby conflicting with Amy’s testimony that she saw Diane lying facedown). Riverside County Detective Michael Lackie testified regarding the investigation law enforcement officers conducted at the crime scene in the early morning hours of March 25, 1986, describing the steps he and Detective Moker took to avoid disturbing evidence found at the scene. In addition to encountering Diane’s lifeless and bloodstained body (unclothed below the waist, with panties wrapped around one leg), officers located nearby a buck knife with the blade extended, a shoe impression, a Budweiser beer bottle, and paper grocery bags. Farther away from Diane’s body, officers found four different tire impressions and a shoe impression at the spot where Amy said defendant had parked the vehicle, a white plastic sack containing an empty Budweiser beer bottle with a cap on it, a discarded Budweiser beer bottle with the label partially picked off, and Amy’s tom undergarments. Lackie testified that the shoe impression found near the spot where the vehicle had been parked appeared to resemble a similar impression found near Diane’s body. He added that officers were unable to locate any marijuana growing in the area. James Hall, a criminalist employed by the California Department of Justice, assisted in the investigation of the crime scene on March 25, 1986. Hall checked Diane’s body for loose hairs and fibers, collecting what appeared to be a loose pubic hair from Diane’s thigh. Michael Renney, a senior evidence technician employed by the Riverside County Sheriff’s Department, testified that on March 26, 1986, he tested for the. presence of fingerprints several items recovered from the crime scene, obtaining a latent print from the Budweiser beer bottle found in the white plastic sack. 4. The Victims’ Injuries Dr. Claire McArthur, an emergency room physician employed by Riverside General Hospital, testified that in the early morning of March 25, 1986, she examined Amy, discovering a large bmise on Amy’s upper back, abrasions about both knees, and a bmise to Amy’s perineum (the area near the vagina and rectum). Dr. McArthur also found sand-like particles in Amy’s vagina, a circumstance that Dr. McArthur testified would be “highly unlikely” in the absence of penetration. On cross-examination, Dr. McArthur acknowledged that she asked Amy whether she had been sodomized, and that Amy had responded in the negative. On redirect examination, Dr. McArthur testified that sexual assault victims Amy’s age typically are “very reluctant” to discuss a sexual assault, and opined that Amy had been the victim of such an assault. Criminalist James Hall testified that Amy’s slip bore a seminal fluid stain. Dr. Dewitt Hunter, a Riverside County pathologist, testified that on March 26, 1986, he performed an autopsy on Diane’s body. The autopsy revealed that the cause of Diane’s death was major trauma to her head that led to massive cerebral contusion and hemorrhage; her body also exhibited minor trauma in certain other locations, and exhibited evidence indicating that Diane had been sexually assaulted. With regard to the head injuries, Dr. Hunter testified that Diane had suffered several “crush-type lacerations” and a skull fracture, most likely caused by a rock or brick-like instrument. Diane’s face also had numerous contusions and abrasions, consistent with her head having been pushed into the dirt. Her larynx contained foreign vegetable material (such as a leaf or twig) indicating that it had been inhaled shortly before death. The middle of her back revealed an extensive contusion. Diane’s iliac crest (the front of the pelvic bone) showed abrasions consistent with someone having kneeled or sat on her back. Diane’s knees, elbows, and buttocks also showed abrasions. There was a reddening of the vaginal area consistent with the application of force, and there were abrasions and “ill-defined” contusions on her inner and upper thighs consistent with an effort to force apart Diane’s legs. Although no seminal fluid was discovered on Diane’s body or clothing, a Vaseline-like substance was found around her vaginal area and inner thighs. 5. The Brown Toyota With the Message “Have a Nice Day” Riverside County Sheriff’s Department Sergeant Ronald Wade testified that on May 4, 1986, approximately six weeks after Diane and Amy were attacked, he observed a vehicle that appeared to be similar to the description of the suspect vehicle involved in the Diane Harper homicide. The vehicle, a brown Toyota Corolla, was parked next to a mobilehome in the Mead Valley area. Wade returned the next day and observed that the vehicle bore certain distinctive markings, including decals on the rear bumper and a license plate frame that read, “Have a Nice Day.” Wade proceeded to the mobilehome on May 6 and spoke with an individual who identified himself as “Joe Hart.” (At trial, Wade identified the individual with whom he spoke as defendant.) Wade asked defendant where he was working on March 24, 1986. Defendant replied that he was working in the Riverside/La Sierra area at McKinley and Magnolia Avenues; defendant checked his pocket calendar to verify his recollection. The location was not far from the spot where Diane and Amy had been picked up that day. Detective Lackie subsequently testified that the distance between the locations was 1.9 miles and required approximately four minutes of travel time by car. Upon returning to the Riverside Sheriff’s Department headquarters, Wade contacted the California Department of Justice in Sacramento for the purpose of obtaining Hart’s criminal history and fingerprints. Michael Renney testified that he subsequently examined these known fingerprints of defendant and matched that of defendant’s right ring finger to the latent print Renney obtained on March 26 from the Budweiser beer bottle found in the white plastic sack at the crime scene. Joe Sypnicki, a latent print examiner employed by the California Department of Justice, testified that he, too, compared the two prints, concluding “[tjhere is absolutely no doubt whatsoever” that the latent impression lifted from the Budweiser beer bottle is that of defendant’s right ring finger. On cross-examination, Sypnicki acknowledged that no known method exists for ascertaining the date a particular fingerprint was made, and he therefore could not render an opinion as to the age of the print found on the beer bottle. Having been informed of Sergeant Wade’s observations, Detective Michael Lackie traveled on May 7, 1986, to the Mead Valley address occupied by Hart and obtained consent from Hart’s wife, Linda, to examine the brown Toyota parked in the driveway. Lackie brought photographs of the tire impressions found at the crime scene, and determined that each of the vehicle’s tires had a different tread design and that each appeared to match the impressions depicted in the photographs. The license plate frame read “Have a Nice Day.” The vehicle had other distinctive features similar to those Amy had described to law enforcement officers. A “fairly fresh,” tom portion of a bumper sticker depicting the letters, “I E R,” lay on the ground; it appeared to partially match the “SKIER” bumper sticker Amy had recalled seeing on the vehicle. Lackie also observed, strewn about in the yard adjacent to the residence, Budweiser beer bottles similar to the type that Amy described defendant as having purchased on March 24. Lackie also saw Marlboro 100 cigarette butts in the vicinity; Amy had informed officers that defendant had smoked Marlboro 100’s. Similar beer bottles and cigarette butts had been recovered at the crime scene. Lackie also saw an orange towel located in a planter attached to the residence. 6. Defendant’s Arrest and the Ensuing Searches Detective Lackie testified that after he completed his observations of the brown Toyota and the surrounding yard area, he learned from another investigator that one of defendant’s fingerprints on file appeared to match a fingerprint located on a bottle found in the plastic sack at the crime scene. Lackie thereafter obtained a search warrant, returning to the Hart residence on May 8, 1986, to execute the warrant. By the time Lackie arrived at the residence, law enforcement officers already had taken defendant into custody. Detective Moker testified that he placed defendant under arrest on May 8, 1986. Moker recalled that at the time of defendant’s arrest, defendant’s hair was “fluffy or wavy or dry looking . . . [with] the part in the middle . . . .” Detective Lackie testified that at the time of the arrest, defendant wore soiled pants and had “extremely soiled hands.” Detective Lackie further testified that law enforcement officers seized the brown Toyota (and another vehicle) in order to conduct a subsequent search. In the mobilehome, officers found a jar of Vaseline in the master bedroom, another jar of petroleum jelly in the bathroom, and Marlboro 100 cigarettes. Outside the residence (crumpled up against the fence at the edge of the property), Lackie found two more pieces of a bumper sticker that appeared to have been torn from the “SKIER” bumper sticker on the brown Toyota. Lackie found a pair of matched tennis shoes, partially burnt, in a 55-gallon drum that appeared to have served as an incinerator. The tread design on the shoes appeared to match certain shoe impressions found at the crime scene. Lackie described the shoes at the time they were discovered in the drum as having been in “pretty good condition .... There were no obvious gouges, tears, marks, signs of destruction that I could see other than what was created by the bums—burning.” Lackie also observed Circle-K plastic sacks among trash located at the side of the mobilehome. Criminalist James Hall testified that on the day of defendant’s arrest, he obtained various evidence exemplars from defendant’s body, including those taken from defendant’s pubic hair. Hall compared defendant’s pubic hair with the specimen recovered from Diane’s thigh, concluding that the hairs were “microscopically similar and, therefore, the evidence hair [found on Diane] could have come from Mr. Hart.” Hall also compared the loose pubic hair with an exemplar taken from Diane’s body, noted microscopic differences, and opined that the loose hair had not come from her. Hall testified that he examined Amy’s slip and panties, identifying on the panties human bloodstains of an indeterminable ABO blood type. Hall identified ABO type B blood on Amy’s blouse (Diane had ABO type B blood, Amy had type O, and defendant had type A). Hall identified a seminal fluid stain on Amy’s slip; on cross-examination, he testified that ABO typing and enzyme typing of the stain were inconclusive, and he was uncertain as to the date the stain was made. On redirect examination, Hall stated that defendant is a “nonsecretor,” which means that an examination of defendant’s bodily fluids would not disclose his blood type. Hall acknowledged that the inconclusive nature of the tests conducted on the seminal stain could be due to the strength of the stain, the passage of time, or the nonsecretor status of the donor. Hall identified saliva on the Marlboro 100 cigarette butts collected at the crime scene, but tests as to the blood type of the donor did not yield a blood type, a result Hall testified he would expect if the donor were a nonsecretor. Hall testified that on May 10, 1986, he examined defendant’s vehicle, recovering orange cloth fibers from the dashboard area of the car’s interior. 7. Amy’s Identification of Defendant Amy attended a law enforcement lineup on May 12, 1986, in which she observed five individuals through a one-way mirror. Upon recognizing one of the individuals, Amy fell, believing that “the floor would be safer.” She noted on the sheriff’s form that the individual she picked out had “different hair color, looked younger.” In court, she identified that same individual as defendant, and as the man who had picked her up in the brown Toyota. Riverside County Sheriff’s Department Senior Investigator Dennis Harter testified that he was present at the police lineup in which Amy identified defendant as the suspect in her case. Harter testified that as soon as defendant (who occupied the second position in the lineup) entered the lineup room, Amy gestured in his direction and “immediately grabbed her mouth as if to keep herself from yelling, she began to cry and she ducked down to the ground” below the one-way viewing glass. Harter described Amy’s emotional state when she viewed defendant as “very distraught”; after the participants in the lineup departed from the room, Amy “began to cry uncontrollably.” Harter added that after she regained some composure, Amy stated, “It’s No. 2, he killed Diane, he killed Diane.” Harter recalled that at the lineup, Amy noted that defendant’s hairstyle appeared different from what it had been on the day she and Diane encountered him. Detective Moker testified that at the lineup, defendant’s hair “appeared to be wet or oily . . . and it was combed almost straight back. . . .” When Harter returned to the jail the next day to visit defendant, defendant’s hair appeared as it did at the time of defendant’s arrest. Photos depicting defendant’s appearance at the lineup, and on the day thereafter, were admitted into evidence. 8. Other Evidence Faye Ann Springer, a criminalist employed by the State of California Department of Justice, testified that she attended Diane’s autopsy, removing some of the victim’s pubic hair that appeared to have a foreign material on it, and concluding that the substance was consistent with petrolatum, found in Vaseline. Springer found a similar substance on Diane’s slip. Springer also compared a fiber found in Amy’s shoe with an exemplar taken from a carpet mat found in defendant’s brown Toyota vehicle, concluding that the fibers appeared to be identical. She examined photographs of the crime scene tire impressions, concluding that the tread designs for each of the four tires were similar to the exemplar tire impressions (derived from defendant’s vehicle). Springer compared photographs depicting shoe impressions at the crime scene, concluding that they matched the photographs of the exemplars she received. On cross-examination, Springer acknowledged that none of the foregoing similarities was unique; petrolatum is found in several personal care products, and the carpet fiber and tire and shoe impressions were derived from mass-produced products. Joan Baker, the office manager for defendant’s employer (Joe Verska, General Engineering Contractor), testified that defendant worked for the company from February to May 1986. She recognized her own handwriting on his weekly time card filled out on March 26 or 27, 1986; she explained that defendant had been unable to fill out the time card, because “he had hurt his hand and it was bandaged and his arm was in a sling.” The time card showed that on March 24, 1986, defendant worked two hours. Dr. David Fisher, an orthopedic surgeon, testified that on March 28, 1986, he treated defendant for a hand injury sometimes referred to as a “boxer’s fracture,” because it is incurred by a close-fisted blow against a hard or fixed object, adding that the injury is “very common to occur within an altercation of some kind.” On cross-examination, Dr. Fisher acknowledged that the injury could occur if someone were to fall with a clenched fist. David Crocker, a field biologist employed by the Metropolitan Water District of Southern California, testified that on April 15, 1986, he was collecting water samples at Lake Mathews (located near La Sierra Boulevard, the street on which the victims’ high school was situated). He and a colleague spotted a woman’s black purse near the lake; upon opening the purse, they discovered personal items and Diane’s high school identification card. Crocker and his colleague gave the purse to associates, who recognized the identification as that belonging to the high school student who recently had been murdered. The purse was given to law enforcement officers. Kenneth Widney, defendant’s father-in-law, testified that defendant often wore baseball-type hats, including hats with the letters “C A T” on them. He further testified that at some point prior to defendant’s arrest on May 8, 1986, he observed two pieces of plywood placed in front of defendant’s vehicle and a third piece of plywood on top, leading Widney to opine that defendant was trying to hide the car. Widney also testified that a yellow sticker that read “Caution Child in Car” was placed in the rear window of the vehicle shortly before defendant was arrested. Dr. Craig Rath, a clinical psychologist, testified that on many occasions he had studied a type of criminal who, in many ways, was “relatively socialized,” but who experiences a buildup of tension preceding the commission of a rape (or series of rapes), which then dissipates the tension. Dr. Rath testified that such an individual informally is known as a “binge rapist.” On cross-examination, Dr. Rath acknowledged that he did not examine defendant. B. The Defense Case The defense called Amy, the surviving victim, as its initial witness, and questioned her regarding the events of March 24, 1986, and her participation in the ensuing investigation conducted by law enforcement officials. Amy acknowledged that she willingly joined Diane and the driver of the car for the trip to locate the marijuana patch. Amy also acknowledged initially misleading officers, untruthfully informing them that Diane might have known the perpetrator (because “I didn’t want us to get in trouble”), and that the perpetrator was a Black man (because that was what her assailant had instructed her to say). On cross-examination, she confirmed that neither she nor Diane knew the man who assaulted them. Riverside County Deputy Sheriff James Shannon testified that when he encountered Amy at the 7-Eleven in the late afternoon of March 24, 1986, she told him, “ ‘Diane’s dead, I know she is, Diane’s dead.’ ” She also told him that she had seen Diane unclothed, and “laying on her back”; upon seeing Diane’s body, Amy “started to scream and . . . the suspect hit her several times on the back with a rock.” Amy described her assailant to Shannon as being a “Negro male,” shortly thereafter changing her description. On cross-examination, Shannon testified that Amy explained she initially had given a false description of the suspect because she feared retaliation from the man. Amy described the man as a Caucasian male, approximately 35 years old, wearing a baseball-type cap with the letters “C A T” on it. Shannon further testified on cross-examination that Amy might have told him that she had seen Diane’s back (rather than Diane lying on her back). During Shannon’s questioning of Amy, she was crying, trembling, emotionally upset, and distraught. Riverside County Detective Dennis Harter testified that during an interview he had with Amy in June 1986, Amy stated that she did not see any blood on Diane’s body, or on the hands of the man who assaulted her. Harter reviewed the sequence of events of March 24, 1986, as Amy related them to him during the interview, noting that with regard to the allegation of sodomy, Amy told him that the man “stuck his penis in her butt. . . she said she could feel it moving in and out.” Riverside County Detective Richard Moker testified regarding his interview with Amy, conducted on March 26, 1986, noting that at one point Amy indicated the man who assaulted her and Diane had, as an inducement for them to join him in the search for the marijuana patch, offered each one of the girls a pound of marijuana to sell. Moker acknowledged that the report he prepared following the interview paraphrased the substance of his interview and contained certain technical terms not used by Amy to describe what occurred when she was sexually assaulted. In an interview Moker conducted on March 27, 1986, Amy told him that when the man released her following the assault, the man gave her directions to tell her sister as to how to reach the location where he had dropped Amy off, and gave her a quarter for a telephone call. Riverside County Detective Michael Lackie testified that his report of the autopsy conducted on Diane Harper’s body, indicating a lack of trauma in the vaginal and anal areas, was erroneous, “and in checking with Faye Springer and other people who were at the autopsy, they told me they clearly understood Dr. Hunter to have made some statement there was signs of sexual assault and there was quite a big to-do in the office because I had written the report and I guess I had missed it.” Lackie also testified that in an interview with Amy, conducted on April 2, 1986, Amy informed him that she (Amy) had used marijuana on a daily basis, but not on March 24, 1986, the date the crimes were committed. In response to a question posed by the prosecution, Lackie testified that on March 26, 1986, he ordered blood testing of Amy and Diane’s blood, and that the results indicated there was a small amount of alcohol in each girl’s system, and no evidence of marijuana or any other drug. California Department of Justice Criminalist James Hall testified regarding the analysis performed on the stain found on Amy’s slip, indicating that an electrophoresis test was inconclusive as to whether the stain was from seminal or vaginal fluid. On cross-examination, Hall testified that a different test, known as the “P-30” test, indicated the presence of a protein that is a component of semen. On redirect examination, Hall acknowledged that he was unable to determine the age of the stain. Defendant did not testify, and the prosecution offered no rebuttal. In his closing argument to the jury, defense counsel conceded that defendant took the girls to the remote area and assaulted them, killing Diane. He urged the jury to conclude, however, that Diane had been killed in the course of defendant’s having committed, or having attempted to commit, sodomy— and not rape—and that the evidence therefore supported no more than a verdict of second degree felony murder. At the conclusion of the guilt phase, the jury found defendant guilty of having committed first degree murder, rape, sodomy, and oral copulation, and found true the special circumstance allegations that the murder was committed during the commission of rape and sodomy. II. Penalty Phase Evidence A. The Prosecution’s Case The prosecution introduced evidence of five prior offenses committed by defendant, in addition to evidence of the subsequent uncharged murder of defendant’s eleven-year-old niece. 1. Debra B.—February 1973 Assault Debra B. testified that in February 1973, when she was 26 years of age, she lived next door to the parents of defendant’s first wife, Kathy, in Anaheim. While Debra was partially dressed one morning, defendant appeared without shoes in her kitchen. He said that he had locked himself out of the house next door, and asked to use the telephone. Debra repeatedly asked defendant to leave. “[T]hen just very suddenly he lunged at me and started choking me,” Debra recalled. The pair fell to the floor. During the ensuing struggle, Debra bit defendant’s hand, causing it to bleed. The struggle ended, and defendant informed her that he could not stop himself from entering people’s homes. Debra arranged for defendant to speak with one of the ministers at her church. The minister contacted the local police, who placed defendant under arrest. During the ensuing search of defendant’s person, officers found a knotted piece of rope, 42 inches in length, a pocket knife, a piece of electrical wire, 39.5 inches in length, and a key to Debra’s residence. 2. Priscilla N.—February 1973 Assault On February 22, 1973, Priscilla N., 18 years of age, was employed as the manager of an apartment complex located in Imperial Beach. At dusk, a man asked her to show him an apartment. Once inside, he grabbed her, and the two struggled to the floor. After she repeatedly screamed, the man ran out of the apartment. She reported the incident to die police, initially identifying another man as her attacker. When defendant was questioned by investigating officers with regard to the Valerie T. and Deborah T. incidents, described below, he admitted attacking Priscilla with the intent to rape her. 3. Valerie T.—January 1975 Sexual Assault On January 19, 1975, at approximately 9:00 p.m., Valerie T. was walking to her residence, located in Imperial Beach, after having had dinner at a local restaurant. A man grabbed her from behind and placed one hand over her mouth, informing her not to scream. He pulled Valerie into an alley and removed his hand. She immediately screamed, and he placed the blade of a knife across her throat. He ordered her to remove her trousers; when she refused to do so, he did so himself, saying, “Don’t look at me.” He also ripped open her blouse and “mounted” her briefly. “[Tjhen he got up and he said, ‘Thank you, ma’am,’ and took off down the street.” Although Valerie could not recall whether the man’s penis actually penetrated her, she subsequently detected wetness that “wasn’t mine,” and believed he had ejaculated. A few months after the incident (approximately the time period when defendant admitted to the police that he had attacked her), Valerie identified her assailant in a police photo lineup as defendant, subsequently identifying him again at the penalty phase of the trial. 4. Marilyn S.— February 1975 Forcible Oral Copulation On the evening of February 26, 1975, Marilyn S. went dancing, returning to her Imperial Beach apartment at approximately 1:00 a.m. the next morning. After falling asleep on a couch, she awakened to find a man standing next to her; his hands covered her mouth and neck area. The man wore a ski mask over his face, with holes for his eyes, nose, and mouth. In one hand, he held an open pocketknife. He told Marilyn, “No sudden moves, or you’ll get hurt.” He taped her mouth shut and told her not to scream. The man began caressing Marilyn’s breasts and attempted to remove her pantyhose. The tape eventually became loose and, in the hope of preventing a rape, Marilyn informed him that she was menstruating and had an infectious disease. The man forced her to orally copulate him, eventually ejaculating and forcing her to swallow his semen. He thereafter asked her for money. Marilyn replied that she did not have much, and that she had a young son to raise. The man informed her that he had keys to all of the apartments in the complex, warning her not to contact the police or he would harm her and her son. Because she did not see the man’s face, Marilyn was unable to identify him to the police. One week later, however, while being questioned by the police in connection with the attempted burglary of Deborah T.’s residence, described below, defendant admitted his sexual assault upon Marilyn S., explaining that he had gone to her apartment complex for the purpose of committing a rape. 5. Deborah T.—March 1975 Attempted Burglary Shortly after midnight on March 5, 1975, the police responded to a telephone call from Deborah T., regarding a possible prowler at the Imperial Beach apartment complex in which she resided. Police officers located defendant, barefoot, 30 to 40 feet from her residence, walking away at a fast pace, and detained him. Although Deborah was unable to identify defendant positively, fingerprints lifted from a window screen at her apartment subsequently were matched to those belonging to defendant. Defendant waived his rights under Miranda v. Arizona (1966) 384 U.S. 436 [86 S.Ct. 1602, 16 L.Ed.2d 694, 10 A.L.R.3d 974] and gave investigating officers a number of varying explanations as to what he was doing at the apartment complex at that hour, initially denying being near Deborah’s window. The following day, after being reread his Miranda rights, defendant confessed that he had opened the window with the intent of sexually assaulting her. During this interrogation, defendant also described his involvement in certain other offenses that the prosecution offered as evidence in aggravation. 6. Shelah McMahan—May 1986 Murder On May 3, 1986, the body of defendant’s 11-year-old niece, Shelah McMahan, was found beneath a mattress, trash bags, and a rock overhang at a garbage dump located in Mead Valley. She had been stabbed numerous times in the neck. A thin rubber molding was wrapped loosely around her neck, and her hands had been tied tightly behind her with a plastic cable tie. Her forearms bore marks that appeared to have been made by handcuffs. Her shirt was ripped and pulled away from her chest. A semen stain was found on her pant leg. Shelah had lived next door to defendant, and had been missing since early that morning. In the ensuing few days, defendant was seen using a tractor to grade his backyard. He told others that he was doing landscaping work. On May 8, 1986, defendant was arrested for the crimes committed against Diane and Amy. Pursuant to a search warrant, police investigators searched his mobilehome and the surrounding yard, locating cable ties similar to the one found binding Shelah’s wrists, as well as two sets of handcuffs buried under freshly turned soil within a shed located behind defendant’s residence. A third set of handcuffs was recovered several weeks later. An acquaintance of defendant’s, William Parker, testified that in early 1986, he engaged in a lighthearted discussion with defendant regarding women and bondage, which led defendant to produce three sets of handcuffs from the trunk of a motor vehicle. Defendant told Parker “something to the effect of, ‘this is what you need.’ ” Criminalist James Hall testified that traces of blood found on one set of the handcuffs recovered from the shed matched Shelah’s blood type, shared by approximately 0.8 percent of the population (i.e., approximately eight out of one thousand people). Criminalist Faye Springer testified that a fiber collected from one pair of handcuffs was similar to the fabric in a black T-shirt worn by Shelah when her body was discovered. The ligature marks on Shelah’s arms resembled those made by the handcuffs. The cable tie that bound Shelah’s wrists had an appearance and trademark similar to a cable tie recovered from defendant’s bedroom. Springer also found a similarity between fibers recovered from Shelah’s T-shirt and those collected from the carpet found in one of defendant’s vehicles, a Ford Mustang. Springer stated that animal hairs recovered from Shelah’s body and from defendant’s Mustang were similar to an exemplar taken from defendant’s dog. Dr. Rene Modglin, the coroner who performed the autopsy on Shelah’s body, testified that the victim had been stabbed 16 times. The cause of death was a cut to Shelah’s right common carotid artery. The victim’s body bore other bruises and abrasions. Modglin noted that Shelah’s breasts were more fully developed than was typical for a girl of her age. On cross-examination, Modglin testified that he found no evidence of injury to Shelah’s vaginal or anal areas. He found no evidence of semen in her mouth or body, noting that the absence of such evidence did not necessarily mean that Shelah had not engaged in sexual intercourse near the time of her death. Randy Gresham shared a county jail cell with defendant and another prisoner. Gresham testified as part of an agreement specifying that, rather than face exposure to a prison sentence of 15 years for his involvement in offenses unrelated to the present case, he would be sentenced to a maximum of 10 years. Gresham testified that defendant admitted murdering his niece and leaving her body “at a dumping area.” According to Gresham, defendant described her as an 11-year-old with “big breasts,” and “built a lot sexier . . . than an 11-year-old was.” Gresham stated that when defendant discussed killing Shelah, he demonstrated stabbing motions and laughed as he acted out the killing. Defendant informed him that he killed the girl because he was nervous after having talked to her about his other sexual assaults, had made sexual advances toward her, and was afraid that she would inform her family. Defendant told Gresham that “he really liked Shelah, and did not want to kill her, adding, ‘it[’s] easier after you’d [sic] done it.’ ” While watching television with Gresham, defendant would compare the breasts of women on television with those of his niece. Defendant expressed concern to Gresham that sheriff’s deputies were searching his backyard, “and he was worried about them searching it. . . .He didn’t want them to find evidence out there.” B. The Defense Case At the penalty phase, the defense presented evidence in rebuttal to the prosecution’s case against defendant regarding the murder of Shelah. The defense also presented evidence in mitigation describing defendant’s troubled upbringing and his personal and professional virtues. 1. Defense Evidence Contesting the Claim That Defendant Murdered Shelah The defense presented evidence highlighting the large number of individuals who had access to the Widney residence (where Shelah lived), and in particular sought to cast suspicion on Bobby Asendorf, the brother of the boyfriend of Shelah’s mother. Asendorf, who lived inside a bus parked on the property, was not permitted to babysit Shelah, because Shelah had a “crush” on him. The defense also emphasized the forensic evidence that did not link defendant to Shelah’s murder. This evidence included the green and gold carpet fibers found in Shelah’s hand, the lack of blood found in defendant’s Ford Mustang, the absence of hair matching that of defendant, and the presence of hair that matched neither Shelah nor defendant. A cigarette butt recovered near the body was analyzed for saliva and determined to reflect type A secretor activity; defendant was a nonsecretor. Cable ties found near the body were dissimilar from those found at defendant’s residence and upon Shelah’s wrists. The molding found wrapped around Shelah’s neck did not match moldings seized by investigators. A shoeprint found on a bedsheet with Shelah’s body was dissimilar to shoes seized from defendant’s residence. The bedsheet, itself, also was dissimilar to those found in the Widney residence and in defendant’s residence. To cast further doubt upon the prosecution’s theory that defendant murdered Shelah, the defense presented evidence suggesting that Shelah died within 90 minutes of 10:44 a.m., May 3—i.e., a time when it was undisputed that defendant already had returned to his residence. The defense sought to discredit inmate Randy Gresham’s testimony by introducing evidence that Gresham had daily access to newspapers while incarcerated and that Gresham’s plea agreement with the prosecution depended upon his testifying against defendant. David Montgomery testified that he worked with defendant for Joe Ver ska Construction on the night Shelah disappeared. The pair met shortly after midnight to move sprinklers at a jobsite, a task that required approximately 90 minutes. Thereafter, they returned to defendant’s vehicle and drank beer. Montgomery received a telephone call from defendant at approximately 8:00 a.m. that day. Defendant’s wife, Linda Hart, testified that early on the morning of Shelah’s disappearance, she awoke at 2:30 a.m., to make sure that defendant had left for work; he already had left, returning shortly before 4:00 a.m. Linda Hart did not see any blood on defendant’s clothing or shoes. He awakened her later in the morning, when it was light. Linda Hart further testified that Shelah often went to church and to the grocery store with the Harts in their Ford Mustang. The Harts’ dog also traveled freely between the Widney and Hart residences. Linda Hart explained that defendant had been grading the backyard on a continual basis, in an effort to produce a level yard. On cross-examination, Linda Hart testified that although she recalled telling a detective, on May 4, 1986, that her husband was gone the previous day at 2:30 a.m., she did not remember telling the detective that the next time she heard from her husband that day was at 7:00 a.m. She did not believe that her husband had killed Shelah or Diane. Shelah’s mother, Paula McMahan, testified that many individuals visited—and occasionally resided at, or near—the Widney residence where Shelah lived. Because the Widneys had a washer and dryer, the McMahans and Harts often washed their clothes there, sometimes mixing the families’ laundry together. Paula McMahan corroborated portions of Linda Hart’s testimony, explaining that Shelah often played with defendant’s daughters and dog, and frequently had been a passenger in the Harts’ Ford Mustang. She added that plastic cable ties could be found in many locations on the Widney property. On cross-examination, Paula McMahan testified that Shelah was very responsible, and always asked permission to leave the property, even with someone familiar to her such as defendant. Shelah’s uncle, Steve Widney, testified that he used cable ties in his job as an installer of rooftop solar panels, storing the ties at various locations on the Widneys’ property. 2. Defense Evidence in Mitigation Defendant’s father, Robert Hart, testified regarding his own career in the United States Navy, and the adverse impact that his absences and alcoholism had had upon his family. He praised defendant as having been a good child, an excellent husband, and a loving father. Robert Hart forced defendant to enlist in the Navy and, upon returning, defendant discovered that his first wife, Kathy, had been unfaithful. Defendant began using drugs at this time, was committed as a mentally disordered sex offender to Patton State Hospital, and his marriage to Kathy was dissolved. Defendant’s mother, Iris Hart, corroborated and expanded upon her husband’s testimony. She also described a serious traffic accident involving defendant when he was four years of age, which led to his suffering a number of chronic problems, including headaches. Defendant’s first wife, Kathy, testified that defendant had been “a very good father.” Defendant had attempted to be a good husband to Kathy, and was “devastated” to learn of her extramarital affair. She also described an event, after the couple had divorced, when defendant visited her and saved the lives of some girls who had fallen into a river when their canoe capsized. Defendant’s second wife, Linda, testified regarding an incident involving a distraught neighbor who had slashed her wrists, explaining that defendant broke down a door, stopped the bleeding, and saved his neighbor’s life. She described defendant as a devoted husband and a “fantastic” father, who, while incarcerated, sought to remain as involved as possible with his family. On cross-examination, Linda acknowledged (over an objection) that nine months after defendant’s arrest, she asked another man to live with her for her protection and that of her children, eventually bearing the other man’s child. Several witnesses testified in praise of defendant’s talents as a poet, songwriter, musician, husband, and father. Defendant was very involved with the local church, sang in the church choir, and taught children in Bible school. He was a hard worker who sought to provide for his family. A former employer described defendant as very dependable and honest. C. Prosecution Evidence in Rebuttal Detective Sanchez testified that, during an interview with Linda Hart on May 4, 1986 (following the discovery of Shelah’s body), she stated that her husband was gone at 2:30 a.m. the previous day, and the next time she heard from him was approximately four and one-half hours later, just before 7:00 a.m., when she heard defendant enter the trailer. Linda Hart’s sister-in-law, Cindy Widney, testified that on four occasions, defendant made overtures toward her, once suggesting lightheartedly that if their respective spouses returned “to mom and dad,” the two of them could get married. Discussion I. Pretrial Issues A. Whether Defendant Was Denied His Right to Trial by a Fair and Impartial Jury Defendant contends the trial court committed several errors during the voir dire examination of potential jurors and during the trial itself, thereby depriving him of his right to trial by a fair and impartial jury. (See U.S. Const., 6th Amend; Cal. Const., art. I, § 16.) Specifically, defendant contends the trial court inadequately examined potential jurors for bias and prejudice. He also contends the trial court erred in failing to dismiss one juror for hardship. As we shall explain, defendant’s contentions lack merit. Initially, we observe that because defendant failed to challenge the jurors for cause or through the use of the peremptory challenges available to him, he is not entitled to relief on appeal. (See People v. Danielson (1992) 3 Cal.4th 691, 713 [13 Cal.Rptr.2d 1, 838 P.2d 729] [“[I]n light of the fact defendant failed to use his one remaining peremptory challenge ... we need not resolve whether the court erred in failing to excuse [a particular] juror for cause.”].) Upon the completion of the jury selection process, defendant had exercised only 14 of his 26 challenges against prospective jurors, and 3 of 4 challenges against prospective alternates. In fact, defendant explicitly acknowledged to the court that he was satisfied with the jury that had been selected. He therefore may not now complain that the jury was comprised of one or more persons unacceptable to him. (People v. Morris (1991) 53 Cal.3d 152, 185 [279 Cal.Rptr. 720, 807 P.2d 949] [“[A] party’s failure to exercise available peremptory challenges indicates relative satisfaction with the unchallenged jurors. Having so indicated in this case, defendant cannot reasonably claim error.”].) In addition to this procedural flaw, defendant’s contentions on appeal are unpersuasive on the merits. 1. Whether the Trial Court Deprived Defendant of His Right to a Fair and Impartial Jury by Failing in Its Sua Sponte Duty to Examine Jurors for Bias and Prejudice Defendant contends the trial court failed in its duty to conduct an adequate inquiry into potential jurors’ biases and prejudices. (Former § 1078; see also People v. Crowe (1973) 8 Cal.3d 815, 828 [106 Cal.Rptr. 369, 506 P.2d 193] [the dual purpose of section 1078 conferred “not only a right of counsel to reasonable examination of prospective jurors, but also a duty upon the trial court to select an impartial jury”].) In support of his contention, he cites the trial court’s failure to ask certain questions following responses given on voir dire by Deborah Wallen and Oran Pentz, each of whom ultimately sat as jurors on the jury that tried defendant’s case. a. Deborah Wallen Juror Deborah Wallen was involved in an incident that occurred in 1978, in which Wallen—then 21 or 22 years of age—was followed by a man while she was driving with her young son. The man flashed his lights, and Wallen drove to the side of the road. There, the man told her that if she did not open her door, he would shoot her. Wallen escaped by driving away at high speed. When the man subsequently was tried for raping another woman, Wallen testified at his trial regarding the incident in which the man had pursued her. Defendant contends the trial court inadequately examined Wallen regarding the 1978 incident. Our review of the record, however, reveals that such examination was unnecessary in view of Wallen’s notation of the incident on the juror questionnaire, and her responses to questions posed by the prosecutor and defense counsel. In his voir dire of Wallen, defense counsel thoroughly inquired as to this matter. During that inquiry, Wallen indicated that she knew little regarding the rape charge that had been filed against the man, that the 1978 incident would not bother her if she sat on the jury in the present case, and that the matter had been “a long time ago.” Defense counsel refrained from challenging Wallen for cause. In light of Wallen’s responses, we fail to perceive a deficiency on the part of the trial court, or defense counsel, in refraining from asking additional questions. b. Oran Pentz Juror Oran Pentz indicated on his juror questionnaire that (1) his brother-in-law was employed as a policeman by the City of Costa Mesa, (2) he had followed media accounts of a different case involving the shooting of a woman married to one of his friends, and (3) he had read newspaper accounts of the Diane Harper killing. Pentz discussed these matters during the voir dire examination, stating that he found the newspaper account “pretty much convincing,” adding that he “would hope [he] wouldn’t” consider the article should evidence be introduced at trial that varied from the newspaper account. Defendant contends that the trial court failed to inquire into these “clearly prejudicial statements.” Although defendant is correct that the trial court did not make such an inquiry, defendant’s assertion is a misleading one, because the prosecutor and defense counsel thoroughly questioned Pentz (who event