Full opinion text
Opinion ARABIAN, J. Defendant Douglas Daniel Clark appeals from a judgment of death under the 1978 death penalty law. A jury found him guilty of six counts of first degree murder. (Pen. Code, § 187.) Multiple murder special circumstances and enhancements for personal use of a firearm were found true as to each of the murder charges. (§§ 190.2, subd. (a)(3), 12022.5.) The jury further found defendant guilty of one count of mutilation of human remains, as to one of the murder victims (Health & Saf. Code, § 7052), and of attempted murder and mayhem as to a different victim. (§§ 187/664, 203.) Allegations that defendant had personally used a deadly weapon were found true as to the attempted murder and mayhem counts. (§ 12022, subd. (b).) An enhancement allegation for intentional infliction of great bodily injury was found true as to the attempted murder count. (§ 12022.7.) The jury set the punishment at death. This appeal is automatic. (§ 1239, subd. (b).) We conclude that the attempted murder and mayhem convictions must be reversed, and all but one of the multiple-murder special-circumstance findings must be set aside. In all other respects, we affirm the judgment. I. Guilt Phase Facts This case concerns the so-called Sunset Slasher or Sunset Slayer murders, a series of killings of young women which took place in the Los Angeles area between approximately May 31 and July 31, 1980. Police investigation did not focus on defendant until August 11, 1980, when Carol Mary Bundy, defendant’s housemate, confessed to the murder of Jack Murray, her sometime lover. In the course of her confession, Bundy accused defendant of the killings. Defendant in turn theorized that Bundy committed the killings with Jack Murray, and then killed Murray in a plot to frame defendant for the Sunset murders. The evidence against defendant was largely circumstantial and painstakingly pieced together through extensive police investigation. (Bundy did not testify for the prosecution, but only when called by the defense.) The story is further complicated by a morass of procedural machinations relating to defendant’s representation. Accordingly, the facts must be set forth in some detail. A. The Prosecution Case 1. Murders of Gina Maraño and Cynthia Chandler The first murders the police discovered, and those about which the most detailed evidence existed, were the killings of Cynthia Chandler and Gina Maraño. a) Discovery of the Bodies About 1:30 p.m. on June 12, 1980, police were called to the scene of a freeway ramp near the Forest Lawn cemetery, where a highway worker had found the bodies of two young girls. Cynthia Chandler, a blonde 16-year-old, was found with a pink jumpsuit wrapped around her legs. One leg of the jumpsuit was slit to the crotch. There was blood on the jumpsuit, and a spot of grease or oil. Chandler’s half sister, Gina Maraño, age 15, was clothed only in a red tube-top pulled down around her waist. No underwear was found on or anywhere near the bodies. In addition, police found no address book or business cards in the vicinity. b) Coroner’s Examination Maraño was killed by two gunshots to the head. Both bullets exited the skull. Chandler had been shot in both the head and the chest. The chest wound was a contact wound. Two .25-caliber bullets were recovered after the autopsy. Maraño and Chandler had been dead at least 12 hours at the time their bodies were recovered. They were probably killed sometime on June 11, or up to about 4 a.m. on June 12. The signs of lividity on Cynthia Chandler’s body were consistent with the body having been moved from one location to another after her death. The absence of puddles of blood where the bodies were found, and post mortem scratches and abrasions on Chandler’s body, indicated that the victims had been killed elsewhere and the bodies later moved. Police criminalists testified that microscopic examination of vaginal material from Cynthia Chandler contained spermatozoa. Samples from Chandler’s mouth were negative for spermatozoa or semen. No evidence of sexual assault on Gina Maraño was found, but neither could sexual activity be ruled out. No bruising would occur as a result of post mortem sexual activity. c) Chandler’s and Maraño’s Movements On June 1, 1980, Chandler and Maraño attended a party given by Mark Gottesman, an attorney, at his Hollywood home. Many people were there, including a number of Gottesman’s clients. Gottesman was unsure whether his business cards were handed out at the party. Mindy Cohen, a guest at the party, saw the two girls. She talked to Gina Maraño and gave the girl her telephone number. Maraño wrote the number in an address book she carried with her. On the afternoon of June 10, 1980, Henry Brigges was driving a moving truck. He picked up two female hitchhikers. One of the girls, with blonde hair, gave her name as Cindy. The other girl had dark hair. Brigges gave the blonde girl his business card, bearing both his own telephone number and the number of his brother and sister-in-law, George and Laurie Brigges. He dropped the girls off at the entrance to a freeway o nr amp. Angelo Maraño, the father of Gina Maraño and the stepfather of Cynthia Chandler, last saw them alive in early June 1980. Gina always carried her address book containing business cards and other information; it was very important to her. d) The Telephone Calls (1) Laurie Brigges Laurie Brigges testified that between 1 p.m. and 3 p.m. on June 16, 1980, she received a telephone call at home from a man asking for her brother-in-law, Henry Brigges. The man identified himself as a police officer in the Hollywood division who was investigating the murder of two girls whose bodies were dumped near the freeway on June 12. The man said that one of the girls had her brother-in-law’s business card. The “policeman” assured Laurie Brigges that her brother-in-law was not suspected in the killings, and that it was not necessary for Henry Brigges to contact the police. Laurie Brigges believed the man gave his name as Detective Clark. She thought the call was unusual because as the conversation proceeded, the caller became more casual and less police-like. For instance, the caller commented that the two girls had been “doing what they shouldn’t”—that they were prostitutes. Over defendant’s objection, Laurie Brigges testified that she had identified defendant’s voice for police from a tape recording they played for her. She also identified his voice in court as that of the caller. (2) Mindy Cohen Around 11:30 a.m., June 22, 1980, Mindy Cohen received a telephone call from a man identifying himself as a detective with the Los Angeles Police Department. The man stated he was inquiring into the murders of Chandler and Maraño. He said that Gina had been shot in the head, and Cindy in the heart. When Cohen inquired how the police got her phone number, the man said it was found with the bodies. Approximately one month later, on July 24, 1980, Cohen was awakened by a second telephone call at 7:11 a.m. Cohen immediately recognized the man’s voice as the same one she had heard on June 22. The caller asked “if this was Mindy”; Cohen answered yes. He asked if she remembered that he had called previously about the murders of Gina and Cindy, and said, “Well, I killed them and now I want you.” The man told Cohen he had shot Gina in the head and had to shoot Cindy in the heart. He said they were prostitutes and that he had paid Cindy $30 to “suck him off.” He said, “I shot them and then I made love to them and it felt so good. It felt so good.” He said, “Now I want you, Mindy,” and “You’re next.” Cohen noticed that the caller’s breathing changed in the course of the conversation. That, coupled with the hesitation in his voice, led Cohen to believe that he was reaching a sexual climax. Cohen became scared and hung up the phone. She asked her father to call the police. Cohen, like Brigges, identified defendant’s voice from a tape recording. Cohen also told the police that the caller had used a two-syllable name. She was not sure of the name but thought she might remember it if she heard it. The officer suggested the name “Doug Clark.” Cohen said that was the name. She was so positive about the name “Doug Clark” that the detective did not suggest any others. Cohen testified at trial that “Doug Clark” was the name the caller gave. (3) Telephone Records The prosecutor introduced telephone company records for the telephone of Bretta Jo (Joey) Lamphier, one of defendant’s girlfriends with whom he sometimes lived. The records for June 16, 1980, reflected three significant telephone calls: a call at 2:13 p.m., from Lamphier’s residence to her place of employment; a call at 2:36 p.m. to the number assigned to Laurie Brigges; and a call at 2:40 p.m. to the office of Mark Gottesman. Lamphier testified that she did not make the calls. She was at work at that time. Rather, she testified, defendant telephoned her at work on that afternoon. Defendant told her he was at her apartment, and that he would be calling some movers to arrange to move some of his property from Lamphier’s residence into a new apartment on Verdugo Street that defendant intended to share with Carol Bundy. The July 24, 1980, telephone call to Mindy Cohen was made at 7:11 a.m. from the telephone at the Verdugo Street apartment defendant shared with Carol Bundy. Records showed that defendant clocked in at work at 7:28 a.m. that same morning. It took defendant two to five minutes to get from the apartment on Verdugo Street to his place of work a few blocks away on Verdugo Street. 2. Murders of Karen Jones and Exxie Wilson Between 2:00 and 2:30 a.m. on June 23, 1980, Officer Guzzetta was patrolling on Sunset Boulevard when he met a prostitute named Karen Jones, whom he warned not to loiter in that area. A resident of the area heard a scream outside his home between 2:25 and 2:40 a.m. At 3:15 a.m., Karen Jones’s body was discovered lying by the curb in a pool of blood around her face and hair. The cause of death was a gunshot wound to the head. A .25-caliber jacketed bullet was retrieved from the skull. The gun had been held approximately six to twelve inches from the head when the shot was fired. The coroner estimated that Jones died sometime between 12 midnight and 2:00 a.m. on June 23. The coroner’s examination could not determine whether Jones had engaged in sexual activity shortly before her death. At 7:15 a.m. that same morning, a decapitated body, later identified as that of Exxie Wilson, was discovered in the parking lot of a restaurant. A red dress with a sash was found in a dumpster next to the body. The sash was cut into pieces. No other articles of clothing were found at the scene. Four days later, around 1 a.m., June 27, 1980, a wooden box was discovered in an alley. The severed blonde head of Exxie Wilson was inside the box, wrapped in a pair of blue jeans and a pink T-shirt with the inscription “Daddy’s Girl.” (These items of clothing were ultimately identified as belonging to another victim, Marnette Comer.) The head had been frozen, and appeared to have been scrubbed or scoured. The coroner determined that Wilson, like Jones, had died sometime between midnight and 2 a.m. on June 23,1980. The head had probably been cut off after death, although the victim might have been dying or unconscious. Approximately 15 to 20 cuts were required to sever it. The cause of death was a gunshot wound to the back of the head. A .25-caliber jacketed bullet was recovered from the head. Three vaginal samples from Wilson’s body all contained spermatozoa. 3. Murder of Marnette Comer On June 30, 1980, the nude body of Marnette Comer, a blonde prostitute, was found in a ravine off Foothill Boulevard, not far from the freeway. Freeway lights were visible from the site in the ravine where the body was found. The ravine itself was dark at night. Comer had been dead for some time—from 20-90 days according to the coroner’s estimate—and the skin had become dried and mummified. The autopsy showed that Comer had suffered three gunshot wounds to the chest area. Two .25-caliber bullets were recovered from the body. Sabra Comer, the sister of Marnette Comer, last saw the victim on May 21, 1980. At that time, Marnette was wearing a pink T-shirt with the words “Daddy’s Girl” printed on it, like the one found with Exxie Wilson’s head. 4. Murder of Jane Doe 18 On August 26, 1980 (after defendant’s arrest), another body was discovered near the Sierra Highway in Antelope Valley. A worker inspecting some nearby water towers came upon some human bones, scattered in a 10-foot radius about an oily spot that smelled of decomposing flesh. A clump of blonde hair was found in the vicinity of the site where the remains were found. The victim, an unidentified young female who had died about one to two months earlier, was designated merely “Jane Doe 18.” The cause of death was a gunshot wound to the back of the head. The coroner removed a .25-caliber jacketed bullet from the temporal area of the skull. 5. Attempted Murder and Mayhem of Charlene A. Charlene A. testified that around 10 p.m., April 27, 1980, she was on Sunset Boulevard. A man she identified at trial as defendant approached driving a blue station wagon, and solicited an act of oral copulation. After she entered the car, defendant suddenly began stabbing her repeatedly in the back, neck, arms, chest and stomach. In the ensuing struggle, Charlene grabbed the knife by the blade. The blade severed tendons in her hand. At one point, she said, “Mister, that’s blood. You’re hurtin’ me.” He laughed and said, “I know.” She was finally able to open the car door and escape. Charlene later identified defendant’s photograph from a lineup, and identified him in court. 6. Defendant’s Arrest and Interrogation On August 11, 1980, Carol Bundy called police to confess to the murder of Jack Murray, her lover. In the course of that confession, she said that she had discovered sometime in June that her roommate, defendant, was engaged in the Sunset murders. She said she helped defendant dispose of Exxie Wilson’s head. As she found out more about the murders and became more deeply involved, Bundy confided in Murray. Then, because she was afraid that Murray would tell the police, she shot him in the head, decapitated him, and cut his body with a knife. Defendant helped Bundy dispose of Murray’s head. Defendant was initially taken into custody for his possible involvement in the Murray murder. He was also questioned about the Sunset killings. The interview is relevant to these crimes in several respects. a) Defendant’s Sexual Activities and Attitudes Detective Orozco asked about defendant’s activities in the Hollywood area. Defendant admitted he went to the Hollywood area “pretty much” on a regular basis, primarily to “troll” for prostitutes and to go to clubs. Sometimes defendant would go by himself, but other times he would go with Bundy. He picked up “hookers” on Sunset Boulevard and several other locations. One night, he and Bundy “cruised” Anaheim after reading news stories of the Sunset killings because they wanted to see other areas where prostitutes hang out. Bundy also sometimes went with defendant and paid hookers for “threesomes.” Defendant said that his mother knew “I’ve been a little weird for a long time. She caught me dressed in her and my sister’s underwear when I was nine years old.” Defendant told police that he had “started into damn near everything” when he was in the ninth grade in Switzerland, “[a]nd since then I’ve never been able to look at sex just straight on. It had to be kinky or at least good communication, [ft] . . . [ft] And so with hookers, if the girl was a human being first and a hooker second, instead of vice versa, then ... it was great. It—it was a challenge.” Defendant said that simply picking up hookers was too easy, so he started going to dancer bars because it was an “ego trip” to be the one man of all those at the bar who walked out with the dancer. In addition, defendant said, “It also was the kind of woman I wanted—tough enough to stand up there and say ‘You can look; don’t touch.’ ” Defendant told police he had known “about 100 whores” since he had been living in Los Angeles, and that it was important to be able to have a conversation with a prostitute; defendant would “shine on” a hooker who just says how much and gets down to it. He denied any interest in necrophilia. b) Knowledge of the Charged Offenses Detectives showed defendant photographs of the five victims then known. Defendant recognized Cynthia Chandler’s photograph as that of a part-time prostitute he had met at the Malibu pier. Defendant thought her name was “Cynthy” or “Cindy” and stated that he had her phone number in his wallet. The two had “partied” about a half dozen times. He was upset when he read about her death in the newspaper and “[i]t scared the fuck out of me because she had my phone number.” Defendant said he exchanged phone numbers with all the girls he liked. Defendant otherwise denied knowing about the deaths of the five girls. He had heard of the name Exxie in the paper, but “must have missed” reading about a head in a wooden box connected to the crimes. Defendant told police he read the newspaper “religiously” every day and specifically had been interested in stories about the Sunset killings because they involved prostitutes. c) Defendant’s Access to Weapons and Cars Police asked defendant whether he was familiar with two .25-caliber Raven automatic pistols registered to Carol Bundy. Defendant stated that he had handled both guns and test-fired them into a telephone book. He told police he believed Bundy had gotten rid of or sold them. When police officers said that they would like to have the guns, defendant responded, “I bet you would. I—I can understand that.” Defendant told police he had “no idea” where they were, although he knew “goddamn well” he did not have them and they were “not in my area.” Defendant admitted that he customarily carried a .25-caliber automatic in a clip-on holster in his boot, even though he knew it was unlawful to do so. When police indicated they had a piece of physical evidence linked to the crimes, defendant surmised that Detective Stallcup might have a bullet in his pocket. Defendant immediately stated that police might have recovered bullets “from the car” because defendant remembered shooting the gun into a telephone book. Defendant additionally admitted owning a folding knife with a silver handle which he might have left at work. He also had a buck knife which he had given to his brother. He said he had gotten rid of his buck knife, and stated he had had two or three knives. Police asked defendant if he owned a car. Defendant said he did not; he drove Carol Bundy’s Datsun sometimes, but defendant had a motorcycle. In addition, he had driven Bundy’s blue Buick station wagon off and on until she recently sold it. d) Defendant’s Demeanor Although defendant was generally cooperative during questioning, he stated that he was not fully candid with the officers because “there are some things I don’t want you to know and I’m not going to tell you, O.K?” Detective Stallcup also testified that defendant was the coolest murder suspect he had ever interviewed. Defendant’s behavior changed only when he was interrogated about molesting a 12-year-old girl, Shannon O. Defendant became embarrassed when the police indicated they had a photograph album showing defendant engaged in sexual activities with her. 7. Postarrest Investigation a) Telephone List Seized From Defendant’s Wallet Defendant’s wallet was seized when he was detained at the police station for questioning. The wallet contained a piece of paper with these words on one side: “Mindy C. [telephone number] “B. Hills not working “Friend of Cindi’s “pretty.” The opposite side contained the notation: “Cindy [telephone number] Rm bottom left “Blonde hooker 30” “Cathy too.” The telephone number given for “Mindy C.” was Mindy Cohen’s actual telephone number. The telephone number listed for “Cindy” was for the Palm Motel on Sunset Boulevard, in an area frequented by prostitutes. b) Search of Defendant’s Apartment At the conclusion of the interrogation, defendant, Detective Orozco, and other officers went to defendant’s Verdugo Street apartment. Defendant pointed out his bedroom and a filing cabinet which he stated belonged to him. Inside the filing cabinet, Detective Orozco found a newspaper opened to an article describing the recovery of the box containing Exxie Wilson’s head, and numerous pornographic books and magazines, some depicting necrophilic activities. c) Defendant’s Rental Garage During the interview, defendant admitted he had rented a small storage garage in Burbank in January 1980. Defendant told police he had given up the garage in May 1980, although other evidence at trial established that he had rented it through June 1980 and abandoned it sometime in July. Police found several dark stains on the garage floor which appeared to be blood. One was a smear approximately two and one-half feet wide and eight feet long, as if something bloody had been dragged across the floor. Presumptive, though not conclusive, testing of the stains proved positive for blood. One of the stains was a partial print of the sole of a boot. The bootprint itself also showed a positive reaction to a presumptive test for blood. Police later seized a pair of black boots defendant was wearing. The sole of the boots matched the bloody bootprint. This was the same boot in which defendant had admitted carrying a .25-caliber automatic. ■ 8. Other Evidence a) The Guns On April 25, 1980, Bundy applied to purchase two .25-caliber Raven automatic pistols at a pawnbroker in Van Nuys. The guns were nearly identical; one had a bright chrome finish and the other had a slightly duller nickel finish. Bundy received the guns on May 16, 1980. Eleanor (Cissy) Buster first met defendant in May 1980. He moved in with her shortly after Memorial Day. Buster testified that defendant habitually carried two small Raven automatics. He usually carried one in his boot and the other in his jacket. Defendant told Buster he had obtained the guns at a pawnshop on Van Nuys Boulevard. Defendant never went out without taking his guns with him. Frances Huys was defendant’s high school sweetheart. They lost contact in 1968. Then, in 1980, defendant invited her to visit him in Los Angeles over the Memorial Day weekend. Defendant took Huys to an apartment he said he had formerly shared with Carol Bundy (the Lemona Street apartment). There he obtained a gun and ammunition. Defendant told Huys that he had persuaded Bundy to buy a gun for him by falsely telling her that he had a federal conviction and could not purchase it himself. Huys testified that defendant’s gun was shiny and silver, like the chrome Raven. Carlos Ramos was a steam boiler operator at the plant where defendant worked. Defendant, a licensed steam engineer, was training Ramos to operate the boiler. Ramos had seen defendant cleaning guns at work—two smaller guns and a large gun like a .44. On August 15, 1980, another employee told Ramos that police were going to search the plant for guns. Before the police arrived, Ramos found two Raven pistols inside a cosmetic bag hidden in a remote area near the top of the boiler room. Detective Stallcup took custody of the guns the same day. The plant watchman testified that, on the night of August 9 to 10, 1980, defendant came to the plant after hours. Defendant said he was not feeling well and wanted to get something out of the building. Defendant signed the visitors’ log at 2:06 a.m. on August 10, entered the plant, and returned and signed out at 2:15 a.m. The watchman did not see defendant carrying any guns, but defendant was carrying or wearing a jacket which could have concealed small guns like the Raven automatics. A round trip from the watchman’s station to the place where the guns were found would take approximately five minutes. Comparative ballistics tests established that all the bullets recovered from all of the victims in this case were fired by the nickel Raven, one of the guns found hidden at defendant’s place of employment. b) The Cars During the relevant time, Bundy owned a blue Buick station wagon until she sold it on July 17, 1980. Bundy also purchased a small Datsun automobile. Defendant had regular access to both cars, even when not living with Bundy; he frequently drove the Buick. For example, Cissy Buster testified that defendant had the Buick station wagon virtually continuously from the day he moved into her house (June 3) to the day he left (June 22). Defendant used the station wagon to pick up Frances Huys at the airport in May 1980, and was driving it when he met another witness, Elaine Forrestall, around June 7. Joey Lamphier testified that she often saw defendant driving a small blue car, like a Datsun or Toyota. After the arrest of Bundy and defendant, law enforcement officers searched both vehicles. In the Buick station wagon, officers recovered .25-caliber slugs and casings which were traced to both the nickel Raven and the chrome Raven. A bullet from the nickel Raven was embedded in the passenger door of the Datsun. Evidence of blood was found inside each vehicle. c) Blood Type Evidence The police seized a large painting of a ski scene from the Verdugo Street apartment defendant shared with Bundy. Other evidence established that the painting had been kept for a time in defendant’s rental garage. Several spots of blood were found on the back of the painting. Analysis of the blood spots identified a number of different blood type and enzyme characteristics which matched blood from the body of Gina Maraño. A blood typing expert testified that only one out of two hundred people would share all of these characteristics. A criminologist testified that a blood sample from the Buick station wagon shared seven identifiable characteristics which matched the blood of Karen Jones. Only one person in one hundred twenty-five would share all seven characteristics. Some blood samples in the Buick also matched four blood type characteristics of Exxie Wilson. One out of five persons would share those four characteristics. d) Defendant’s Activities on the Date of the Chandler/Marano Murders . Defendant was living with Cissy Buster on June 11-12, the date of the Chandler/Marano killings. Buster testified that defendant telephoned her on June 11, 1980 and told her he would be late for dinner. His work records showed that he worked from 5:10 a.m. to 12:32 p.m. that day. Defendant returned home around 8:30 p.m. and went out again at 10:30 p.m. in the Buick station wagon. Defendant told Buster he wanted to take pictures of a car that was involved in a hit-and-run accident; he borrowed her Polaroid camera. Defendant returned home again around 2 a.m. He later showed Buster pictures of a small car in an underground garage. He pointed to what appeared to be a red liquid on the fender of the car and said the liquid was blood. Buster identified a photograph of Bundy’s Datsun as similar to the car defendant showed her in the Polaroid snapshots. e) Defendant’s Postarrest Writings While defendant was in custody in the county jail, he sent numerous letters and other documents to Joey Lamphier. The documents were seized pursuant to a search warrant executed at Lamphier’s residence. Among the documents was defendant’s personal summary of “case notes.” Defendant detailed case activity and his own actions in parallel columns. One entry acknowledged his acquaintance with Chandler, showing he had had his “4th date w/Cindy” on June 8. In other letters, defendant importuned Lamphier to “remember” (quotations in defendant’s original) the facts as he wanted her to, suggesting that if she failed to do so she would be responsible for his death. In particular, defendant wrote about a specific instance in which he wanted Lamphier to say that he had had the chrome Raven rather than the nickel Raven. Defendant admitted being at Lamphier’s house on June 16 and making the telephone calls from her residence reflected in the telephone records for that afternoon (i.e., the calls to Lamphier, to Laurie Brigges, and to the office of Mark Gottesman). Defendant also acknowledged he had given his buck knife to Lamphier and told her to get rid of it. He chastised her for not following his instructions, asserting that the knife was not connected to the crimes, but that it would look bad if the jury knew he had owned knives. Defendant urged Lamphier to become his investigative eyes and legs, exhorting her to “photograph scenes” from the murder locations and to “see the freeway lights from where #70 [Comer] lay in a ravine for 30 days.” An excerpt from another document indicated defendant’s concern, if he represented himself, that he might have to allow his attorney, Maxwell Keith, to cross-examine two key witnesses, because “if I do the direct- or cross-exam on them it will be Very harmful to our case.” (Defendant’s emphasis.) The prosecution theorized that this note referred to Mindy Cohen and Laurie Brigges, the two witnesses who heard defendant’s voice on the telephone and who would be able to identify him if they heard his voice in court. Other writings indicated that at a court-ordered examination of physical evidence, defendant deliberately handled certain items to place his fingerprints on them so that police would be unable to prove any preexisting fingerprints; that defendant had altered his appearance by losing weight; and that he had sent case exhibits to a prisoner in the State of Washington for her titillation and amusement. A writing by Joey Lamphier acknowledged that she had destroyed some of defendant’s letters at his request. f) Defendant’s Sexual Proclivities In addition to defendant’s statements to the police about his sexual interests and practices, additional evidence was introduced at trial. Defendant was a regular patron of a bar where Donielle Patton worked. Defendant often talked to Patton about his sex life. He complained that his sex life had become boring and he was looking for new ways of obtaining gratification. Defendant said he was “into S & M” (sadomasochism) and physical abuse. Defendant also talked about picking up “hookers” and going to “swing parties.” Defendant told Patton he liked to pick up hookers on Sunset Boulevard, that it made him feel superior since they were so far beneath him. Patton saw defendant at the bar with various women, including Carol Bundy, Cissy Buster, and, based upon a photograph she was shown, Cynthia Chandler. Patton also testified about one incident when defendant came into the bar very excited. He told Patton that he had found a new way of reaching a sexual “high”: he would engage a prostitute in sex and slit her throat. Defendant found the jerking motion of her body and her vaginal spasms as she died to be sexually exciting. Patton did not initially believe defendant because she could not believe that anyone would actually do such a thing and then boast about it. Shannon 0„ who was 14 at the time of trial in 1982, testified that she would often ride with defendant in the Datsun or the Buick automobile. Defendant would point out prostitutes standing on the street. Shannon once heard defendant say he would like to pick up a “rowdy prostitute” and shoot her if she pulled a knife on him. On another occasion, with both Shannon and Carol Bundy present in the car, defendant paid a prostitute $25 to orally copulate him. In addition, three of defendant’s girlfriends testified that he collected and wore women’s underwear. B. The Defense Case In his opening statement, defendant stated his intent to prove that Carol Bundy, a vocational nurse, and her former lover, Jack Murray, were the real killers. Bundy was granted immunity by the district attorney before she testified for the defense. Bundy did not implicate Murray, however, but testified that defendant had committed the instant crimes. 1. Carol Bundy’s Testimony a) Background In late 1979, Bundy was living at the Valerio Gardens apartments. Jack Murray was the manager. In December, Bundy met defendant at a country-western nightclub where Murray sometimes sang. Defendant was looking for someone to move in with. By January or February 1980, Bundy had moved to an apartment on Lemona Street in Van Nuys (the Lemona apartment) and defendant had moved in with her. Over the next few months, defendant moved in and out of the Lemona apartment several times, living with various other women for short periods of time. Bundy and defendant agreed to share a new apartment on Verdugo Street in Burbank (the Verdugo apartment) in late June 1980. Defendant moved into the Verdugo apartment about one week before Bundy. Bundy testified she was still living at the Lemona apartment on June 23, 1980, and did not move to the Verdugo apartment until after that date. Bundy and defendant often fantasized together about sexual matters, including necrophiliac activities. Bundy purchased two Raven .25-caliber automatic pistols at a pawnshop in Van Nuys in April 1980. The day before Bundy purchased the guns, defendant had gone to the pawnshop, selected the guns he wanted, and then sent Bundy to purchase them. Defendant told Bundy that he was an ex-felon, having committed an armed robbery in Indiana, and that it was illegal for him to purchase the guns himself. Defendant kept the nickel Raven pistol, while the chrome Raven was Bundy’s gun. Defendant had access to both guns, however, and sometimes carried both. Bundy recalled that Frances Huys and defendant came to the Lemona apartment immediately before the Memorial Day weekend in May 1980. Defendant borrowed Bundy’s chrome Raven pistol and left the nickel Raven in Bundy’s closet. Defendant told Bundy he borrowed the chrome gun because, if he were stopped by police, he did not want to have a “dirty gun” in his possession and the chrome gun had not been previously fired. During the night of August 9 to 10, 1980, the night Jack Murray’s body was discovered, Bundy asked defendant to get rid of the guns. Defendant left the Verdugo apartment and returned approximately 15 minutes later. Defendant did not tell Bundy what he had done with the Raven pistols, although he had previously confided to her that he occasionally hid them in the boiler room at work. b) The Crimes (1) Marano/Chandler Murders Bundy first learned about the murders when defendant telephoned her at work on June 12 or 13, 1980, and directed her to watch the television news. The news broadcast depicted the recovery of the bodies of two teenage girls, Chandler and Maraño. Defendant later told Bundy he had picked up the two girls on the afternoon of June 11. He was only interested in Chandler, the blonde, but Maraño would not leave, so he invited both girls into the Buick. He paid Chandler $30 to orally copulate him. Defendant told Maraño he did not want her to watch. When Maraño turned her head, defendant shot her. Chandler pulled away, and defendant also shot her in the head. The girls did not die right away, so defendant again shot Maraño in the head and Chandler in the heart. After shooting the girls, defendant drove to his rental garage, where he dragged their bodies inside and “played” with them sexually from approximately 4 to 8 p.m. on a bed he kept in the garage. Defendant said he engaged in anal intercourse with Maraño, vaginal intercourse with Chandler, and had ejaculated twice in Chandler’s throat. Defendant left the garage, returning after dark to pick up the bodies and dump them alongside the freeway. Defendant gave Bundy two bullets which he said had gone through Gina Maraño’s head. A few days later, defendant took Bundy for a ride in the Datsun to show her where he had dropped off the bodies of Chandler and Maraño. During the drive, defendant had the nickel Raven pistol on the seat beside him. Defendant threatened Bundy not to tell police about the murders. Sometime after this incident, defendant told her that he had called a girl named Mindy Cohen, whose telephone number he had found among the personal belongings of the two teenage girls. Defendant told Bundy he “got off’ on making that telephone call. Defendant called Mindy Cohen a second time and threatened her. Cohen became upset and hung up the telephone, which caused defendant to panic. He called Bundy at work and demanded to know where the two Raven pistols were. He was concerned that he might have told Cohen too much. (2) Mamette Comer Defendant told Bundy that on May 31, 1980, he had killed another girl, whom he called “Foothill” (Marnette Comer) because he had dumped her body near Foothill Boulevard. He told Bundy he had picked up Comer on Sunset Boulevard while driving Bundy’s newly purchased Datsun. He said that he had shot Comer four times. When Comer realized she was being fired upon, she became angry, called defendant names, and kicked at him. Comer’s foot missed defendant and instead broke the handle of the gearshift of the Datsun. After defendant shot Comer, he “gutted her,” slitting her belly. (3) Jones/Wilson Murders Around 4:30 or 5:00 a.m„ June 23, 1980, defendant came to the Lemona apartment, where Bundy was still living, woke Bundy up, and told her that he had killed two prostitutes. Defendant first saw them together on Ventura Boulevard in Studio City. Defendant was sexually interested in only one of them, Exxie Wilson. Eventually, defendant got Wilson to enter the Buick alone. He drove to a restaurant parking lot and shot her in the back of the head as she orally copulated him. Defendant cut off her head with a buck knife. Defendant then went back to look for Karen Jones, the second prostitute, because he was afraid she might identity him. Defendant found her, shot her and left her fully clothed body on the street. Jones was not sexually molested. A few days later at the Verdugo apartment, Bundy saw Exxie Wilson’s frozen head on the kitchen counter near the sink. Defendant swung the head by the hair and asked Bundy to put makeup on it. Then defendant became worried that the makeup would show fingerprints, so Bundy washed the head. Bundy later purchased a wooden box, in which defendant placed Wilson’s head, wrapped in the pink “Daddy’s Girl” T-shirt, and a pair of blue jeans. They dropped the box in an alley not far from the parking lot where Wilson’s body had been. (4) Jane Doe 18 Sometime in late July or early August 1980, defendant told Bundy he had picked up a prostitute, whom he called “Water Tower” (Jane Doe 18) in Hollywood, and killed her in the Datsun. He shot the victim in the back of the head while she was orally copulating him. Defendant drove to a remote area near some water towers, dragged the body from the car, and laid it against the hood of the car. He engaged in sexual intercourse with the dead body. (5) Charlene A. Assault Bundy also described an incident in late April 1980, when defendant came to the Lemona apartment late at night, covered with blood. Defendant told Bundy he had picked up a woman in a bar and had taken her to the Buick station wagon where she orally copulated him. Suddenly, a man named Nick, a rival member of a professional murder organization, came out of the bar, opened the door of the Buick, and attacked defendant with a knife. Defendant grabbed his knife which he kept in the visor of the Buick and began stabbing at the man. He stabbed the woman numerous times instead. She cut her right hand severely when attempting to grab the knife. The woman eventually jumped out of the station wagon and ran away. Defendant told Bundy he killed Nick. c) Move to Verdugo Apartment/Defendant’s Garage On June 12, 1980, Bundy applied to rent the Verdugo apartment, with defendant as a co-occupant. Defendant moved into the Verdugo apartment before Bundy. The telephone, “a top priority” to defendant, had already been connected. Bundy helped defendant move his belongings, including the large ski painting with the blood spots, from the rental garage in Burbank to the Verdugo apartment. As defendant hung the ski painting on the wall, he laughed and told Bundy the bloodstains in the back belonged to Gina Maraño. Bundy and defendant then cleaned out the rental garage. Bundy swept out the garage while defendant scrubbed stains from the concrete floor. This was the only occasion that Bundy was ever inside that garage. ■ 2. Defendant’s Testimony Defendant denied killing Gina Maraño and Cynthia Chandler on June 11, 1980. He admitted he telephoned Mindy Cohen at 7:11 a.m. on July 24, 1980, and identified himself as “Doug,” but claimed that Chandler had given him that phone number and that he believed he was calling Chandler. Defendant testified that he asked for “Cindy” and that the conversation was confused between the names Cindy and Mindy. He stated that Cohen became hysterical and hostile and threatened to call the police. Defendant denied threatening Cohen or telling her that he had killed the two girls near the Forest Lawn exit. Defendant also admitted making the telephone calls from Joey Lamphier’s residence on June 16, 1980. He denied, however, that he told Laurie Brigges he was a detective investigating the Chandler/Marano homicides. He claimed he only talked about hiring a mover to help him move to the Verdugo apartment. He claimed Bundy had supplied him with telephone numbers of movers to call. Defendant denied committing any of the other murders or assaulting Charlene A. He claimed, though without any supporting evidence, that Jack Murray committed the murders. 3. Defendant’s Postarrest Writings Defendant was impeached by letters and documents he wrote after his arrest. In letters to Carol Bundy while they were incarcerated, defendant attempted to persuade her to present false evidence at defendant’s trial. Chiefly, defendant urged Bundy to testify that Murray, not defendant, was the killer. Some of defendant’s writings indicated firsthand knowledge of the crimes (e.g., defendant knew that Marnette Comer wore “sexy bikini 6’s” underwear although he claimed never to have seen or met her; he knew freeway lights were visible from the ravine where her body lay). Defendant also corresponded with Veronica Lyn Compton, a prisoner in the State of Washington, in which he referred to his plan to have Bundy “lay it [the murders] on dear, dead Jack [Murray],” and his threats to retaliate if she did not. Defendant also wrote that he needed a “foxy blonde” attorney to “offset the ‘blonde whore’ motive.” Defendant sent coroner’s photographs and other case materials to Compton for her amusement. Much of his writing consisted of sexually oriented matter, including references to necrophilia. II. Guilt Phase Issues A. Defendant’s Representation Defendant makes a number of interrelated contentions with regard to his representation. 1. The Facts In case No. A361671, defendant was originally charged with the six counts of murder, three counts of sexual misconduct against minor Shannon O., and one count of being an accessory to the murder of Jack Murray. The preliminary hearing on those charges began on October 20, 1980. Defendant was then represented by Karl Henry, an attorney apparently appointed to represent him. Defendant was held to answer on all charges. Defendant was arraigned in superior court on November 13, 1980, on the same counts, with the addition of the count of mutilation of human remains (Health and Saf. Code, § 7052). Because the public defender declared a conflict, the court appointed Paul Geragos to represent defendant. Defendant immediately moved to act as assistant counsel and to have “pro per” (in propria persona) privileges in the jail. Among other reasons for requesting cocounsel status, defendant stated that he had been dissatisfied with Henry’s representation in the municipal court. The trial court (Judge Keene) denied the motion without prejudice. On December 9, 1980, defendant’s renewed motion for cocounsel status before Judge Ringer, the judge assigned to hear pretrial motions, was heard and again denied. On June 12, 1981, Geragos was relieved on the ground of a conflict of interest, and Maxwell Keith was appointed to represent defendant. Defendant requested law library privileges for the purpose of filing a civil suit against his former attorney, Karl Henry. The court denied the request. On July 6, 1981, Judge Ringer granted defendant’s request for “pro se” privileges, excluding law library access. Defendant described the “pro se” privileges as “the same things as pro per, but I don’t need the law library.” In November 1981, Keith moved for an ex parte order that defendant be granted law library privileges in order to assist with the preparation of the defense. Judge Ringer ultimately granted the motion on April 19, 1982. Defendant was accorded law library privileges two hours per day, seven days a week. In addition, sometime before April 19, 1982, a different judge appointed a second attorney, Penelope Watson, to assist in the defense. On April 2, 1982, case No. A377385 was filed, charging defendant with the attempted murder and mayhem of Charlene A. The public defender declared it could not represent defendant because of a conflict of interest. Defendant objected to the appointment of either Keith or Watson because of their responsibility in dealing with the multiple murder charges in case No. A361671. At defendant’s request, David Wesley was appointed to represent him on the new charges. Preliminary hearing on the Charlene A. charges was set for April 14, 1982. At that time, Wesley requested a continuance to pursue discovery and preparation of an affirmative defense. The motion for continuance was denied, and the preliminary hearing was held, despite Wesley’s declaration that the defense was not ready and would therefore stand mute. Defendant was held to answer on the charges. On June 9, 1982, the two cases were consolidated for trial. Wesley’s separate appointment was therefore terminated and defendant was represented on all the charges by Keith and Watson. On July 8, 1982, several pretrial motions remained to be decided. The court set July 26, 1982 as a firm trial date, stating that “What I mean by a trial date is [that] we conclude all the remaining motions that are to be handled prior to the selection of the jury, H] As long as those motions are all made, heard and ruled upon, we get a panel. ...” Both parties, including defendant, agreed to this procedure. The hearing on pretrial motions was continued to July 26, 1982. The court granted in part and denied in part Keith’s motion for discovery. The court asked defendant if he waived time for trial so that hearing on the remaining motions could be continued. Defendant, apparently angry with Keith over the partial denial of discovery, refused to waive time and purported to dismiss Keith, declaring “I’m thoroughly capable of handling this case.” Because several defense motions remained to be heard, and the court presumed defendant did not want to abandon the motions, the court found good cause for the continuance despite defendant’s refusal to waive time. Judge Ringer thereupon set a new trial date for August 10, 1982. On August 10, hearing on the remaining defense motions began, but was not concluded. The court continued the hearing to August 12. Keith was unavailable on that date. The hearing resumed on August 13,1982. The court heard and denied some of the motions. At that point, defendant declared that he had a conflict with one counsel (presumably Keith) and wished to bring a motion under Faretta v. California (1975) 422 U.S. 806 [45 L.Ed.2d 562, 95 S.Ct. 2525] to represent himself, coupled with a motion under Penal Code section 987.9 to have additional counsel (Watson) appointed to assist him. Judge Ringer advised defendant that he could bring his motion in the master calendar court. Defendant agreed. The court could not conclude proceedings on all the remaining motions, and the matter was continued. On August 19, Judge Ringer disposed of the remaining pretrial motions, and immediately transferred the case to another department for assignment to a trial judge. Defendant informed the court that he had given his Faretta motion papers to Keith, pursuant to the court’s instruction that defendant should file papers only through his attorney, but that Keith refused to file the papers. Judge Ringer told defendant he could make his Faretta motion orally before the master calendar court. The next day, August 20, 1982, the parties and counsel appeared before Judge Leetham in the master calendar court, who assigned the case for trial to Judge Torres. Defendant told Judge Leetham that he was “not represented at these proceedings,” and that Keith “is not my attorney .... Mr. Keith is not representing me.” Defendant also stated that he had filed a Faretta motion and a motion for appointment of cocounsel. Judge Leetham transferred the matter to Judge Torres’s courtroom. Judge Torres considered defendant’s Faretta motion. Defendant explained that he had attempted to declare a conflict of interest with Keith and that he had transmitted written Faretta motion papers to Keith. Defendant stated he had also included an application under section 987.9 to have Watson appointed to assist him in his self-representation, but Keith had failed to file the written papers. Defendant announced that he therefore considered himself in propria persona with Watson as his cocounsel, unless she did not wish to serve in that capacity. In support of his desire to represent himself, defendant referred to additional motions “that are not being prepared that should be," and stated that “There are delays that will be necessary because of discovery.” Keith attempted, “while I am still counsel,” to have defendant enter a plea of not guilty by reason of insanity. Defendant responded: “Therein lies the conflict, Your Honor. I am not guilty by any regard, way, shape or form. ... [1] There is no rapport, communication or any legal way that we can do business together.” The prosecutor objected to defendant’s motion for self-representation. He pointed out that since Watson did not wish to remain as cocounsel if defendant represented himself, he would in effect be discharging two experienced counsel who were familiar with the case, even though defendant conceded that “Miss Watson is fully qualified. She’s a very competent attorney. I have utmost faith in her.” He stated that he was “satisfied with her representation of me.” The prosecutor argued that if defendant subsequently demanded appointment of other counsel, the need to acquaint additional counsel with the case would cause unjustifiable delay. Judge Torres denied the Faretta motion as untimely, noting that “[tjhat matter has been transferred here for trial today” and that the case was extremely complicated, involving over a hundred witnesses in an estimated six-month trial. Keith again raised the question of the plea of not guilty by reason of insanity. Defendant refused to enter such a plea. One final motion to suppress had been reserved, and defense counsel stated that they wished to pursue three additional unfiled motions. Over prosecution objection, the matter was continued to August 25, 1982, to hear the new motions. The motions were disposed of on that date, and jury selection commenced September 7, 1982. In the middle of jury selection, on September 20, 1982, defendant stated that he was “unrepresented in this courtroom,” and complained that Keith was unprepared for trial. After this outburst, and additional remarks generally denigrating Keith, defendant was removed from the courtroom. Defendant returned to the courtroom the next day, September 21, 1982. On September 27, 1982, the court interrupted jury selection to conduct a hearing regarding the identification testimony of Charlene A., the attempted murder/mayhem victim. At the end of the afternoon session, defense counsel informed the court that defendant desired an ex parte hearing to show that counsel was unprepared and that he needed new counsel. The trial court denied the request. On September 30, 1982, Watson told the court she wished to file a letter defendant had written explaining his reasons for the request of September 27. The court refused to receive the letter. On October 5, the day opening statements were scheduled to begin, defendant told the court he wished to renew his Faretta motion and to represent himself with Watson as cocounsel. He stated that he was not ready for trial and “the defense as a whole right now is not ready” because the district attorney had named a number of witnesses that the defense had never heard of. Defendant thus did not believe any competent attorney (including himself acting as his own attorney) would declare ready for trial under those circumstances. The court advised defendant that if he was ready to proceed forthwith without any attorneys, the motion would be granted. Defendant instead complained that he “was not up to date with the progress of the case.” Because defendant apparently did not want to proceed immediately, the court denied the motion. On October 12, 1982, the fourth day of jury trial, Watson told the court that defendant wished to relieve both counsel and to proceed in propria persona. Defendant claimed that he so moved because of the incompetency of counsel. Defendant stated that he was ready to proceed forthwith, but that he would move immediately for appointment of a second counsel under section 987.9. The court informed defendant that, if he wished to represent himself, he should be prepared to go forward with no other attorneys. The court thereupon denied defendant’s motion for self-represenation. Defendant then moved to dismiss Keith for incompetency and to proceed represented by Watson alone, alleging Keith was “totally unprepared.” The court effectively denied the motion by bringing out the jury. The next day, defendant renewed his motion to represent himself. The court again stated that defendant’s motion for self-representation would be considered, but that, if granted, defendant would be representing himself without the assistance of any counsel. Defendant asked if the court was requiring him to waive his right to file a motion under section 987.9 for the assistance of counsel. The court stated that defendant could file the motion, but that it would be denied. The court also pointed out that investigators (William Stenberg and Susan Sarkis) had already been provided under section 987.9 to assist in preparation of the defense. Defendant stated that he “absolutely” wanted to represent himself, and indeed that “I’ve wanted to be pro per since approximately November 25th, 1980 [sic, apparently November 13, the date he was arraigned in superior court and Geragos was appointed].” . The court advised defendant of his constitutional rights as well as the rights, responsibilities and risks attendant on self-representation. It found that defendant knowingly and intelligently waived his right to counsel and stated that defendant would be allowed to represent himself if he wished. Defendant stated that was his desire; he also said that he did not want to be his own attorney but was “forced” to because “It’s my life and to proceed with Mr. Keith as my attorney ... is suicide.” Defendant called Keith “a buffoon attorney,” and said that he was not prepared and that he came to court “half inebriated” in the afternoons. When the district attorney started to defend Keith, the court stated that the claims were “so outrageous they don’t warrant an answer from the court.” It then granted the motion for self-representation. It ordered Keith and Watson to remain in court as “standby counsel.” Keith requested a hearing to determine defendant’s competence to waive counsel. The court denied the request. At the close of the day on October 14, 1982, defendant requested a “combination legal runner-clerk.” The court promised to approve any qualified person whose name was submitted by investigator Stenberg. The next trial day, October 18, 1982, defendant moved for a one-day continuance, alleging he had been unable to prepare properly because he was only allowed to transport two boxes of materials to and from the jail. The court ordered that the sheriff transport both defendant and all necessary materials to and from the jail. On October 19,1982, defendant advised the court that he had seen Wesley in the courtroom and asked whether he would be allowed to consult a legal adviser if he had funds available and hired one. The court stated that, if an attorney represented to the court that he was retained as defendant’s legal adviser, defendant would certainly be allowed to consult with him. Defendant also advised the court that he would have a discovery list prepared by the next morning. The court, however, told defendant that discovery of any items related to the case against Carol Bundy (i.e., the murder of Jack Murray) would not be granted. Defendant complained that Carol Bundy’s statements had provided the probable cause for his arrest and that witnesses to Bundy’s statements were therefore relevant. The court told defendant to prepare a written motion, but defendant argued that he did not have time to prepare written motions. Defendant stated that he “resigned” his in propria persona status, “as of now . . . because the court refuses to allow me to prepare this case, refuses to allow me evidence and discovery, refuses to present my trial tactics rather than Mr. Keith’s half-wit trial tactics.” When the court inquired whether defendant was giving up his self-representation, however, defendant stated he “emphatically” wanted his in propria persona status, but that he desired the court to make orders for discovery, and for transportation of defendant and his materials to and from the jail. Defendant berated and accused the court of intentionally “blockading” his preparation of the case. The court repeated its order that the sheriff was “to do everything possible to get the defendant back to the County Jail each and every evening, to the best of their ability.” On November 1,1982, defendant filed an ex parte motion for appointment of a law student clerk. The court denied the motion. The court told defendant he would have to try the case himself, and that he would “not be getting a big large staff to handle this.” If at any time defendant felt he could not represent himself, the in propria persona status could be terminated and the standby attorneys would be reappointed. After this and other rulings of the court, during his cross-examination of a prosecution witness, defendant declared that the defense “stands mute throughout the rest of the trial.” Out of the presence of the jury, the court found that defendant had renounced his right to represent himself, and ordered the standby counsel, attorneys Keith and Watson, reinstated. The attorneys were given until the afternoon session to prepare to continue the cross-examination. At the commencement of the afternoon session on November 1, defendant informed the court that he did not wish to be “anywhere near” Keith if he was conducting the case. At the recommencement of the cross-examination, defendant stated in front of the jury that Keith did not represent him and that he desired Keith to say and do nothing on his behalf in the case. When the trial court admonished him not to say anything, defendant told the jury to “be aware” that “Mr. Keith is not my attorney and does not represent me.” Keith conducted the defense cross-examination for the balance of the afternoon. On the morning of November 2, 1982, Watson represented to the court that defendant had reconsidered his posture of standing mute during trial and requested that his in propria persona status be reinstated. Th