Full opinion text
Opinion BROWN, J. A jury convicted defendant Mary Ellen Samuels of the first degree murders of Robert Samuels and James Bernstein, soliciting the murders of Robert Samuels and James Bernstein, and conspiring to murder Robert Samuels and James Bernstein. (Pen. Code, §§ 187, subd. (a), 653f, subd. (b), 182, subd. (a)(1); hereafter all statutory references are to the Penal Code unless otherwise indicated.) The jury found true the financial gain special circumstance as to the murder of Robert Samuels, the multiple-murder special circumstance, and the allegation that a principal in the murder of Robert Samuels had used a firearm. (§§ 190.2, subd. (a)(1), (3), 12022, subd. (a)(1).) The jury returned a death verdict for each murder. The trial court denied defendant’s motions for a new trial and to reduce the penalty verdict. The court imposed a death sentence. This appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment in its entirety. I. Statement of Facts A. Guilt Phase Defendant was married to Robert Samuels. On October 31, 1986, defendant filed for divorce. Even after the divorce proceedings were initiated, defendant and Robert Samuels were cordial, and defendant continued to work in the Subway restaurant she and Robert Samuels owned. However, by November 1988, just before his murder, Robert Samuels was depressed and had a less than friendly relationship with defendant. On October 31, 1988—approximately two months before he was killed— Robert Samuels went to his divorce attorney, Elizabeth Kaufman, and signed a document seeking changes to his divorce agreement. Robert Samuels wanted to run the Subway restaurant because he was unemployed and felt he would be better at running the business. He also wanted to reduce spousal support payments below the $1,200 per month level because he was no longer able to pay that amount. The modification was never filed because Kaufman was waiting for Robert Samuels to complete a portion of the paperwork. 1. The Solicitation and Murder of Robert Samuels Beginning in 1987, defendant solicited people to murder Robert Samuels on numerous occasions. Anne Hambly, defendant’s friend, testified defendant told her that after several attempts to find someone to kill Robert Samuels had failed, defendant was able to get James Bernstein to agree to commit the murder. Bernstein was dating defendant’s daughter, Nicole Samuels. Bernstein was apparently angered when defendant told him that Robert Samuels had abused Nicole. A month before Robert Samuels was murdered, Bernstein said he wanted Samuels “taken care of permanently” because he was a child molester and batterer. He asked his employer, Charles Mandel, if he knew anyone who could “take care of it.” Mandel provided Bernstein with the phone number of Mike Silva. Also, during November and December 1988, Bernstein asked a friend who owned a gun shop if he could get some weapons. On December 7, 1988, defendant told Anne Hambly that Robert Samuels was dead and that she planned to “discover” his body in two days. On December 8, 1988, Nicole Samuels called her friend, David Navarro, and said “it’s done” in reference to Robert Samuels’s murder. On December 9, 1988, the Los Angeles Fire Department responded to a call from Robert Samuels’s home. Robert Samuels was found dead. He had been dead for over 12 hours and was killed by a shotgun blast fired into his head from close range. Samuels also suffered a blunt force trauma to his head that was a contributing factor to his death. Defendant and Nicole Samuels were present when the police arrived. Defendant and Nicole worked to make it appear that there had been a struggle in the house. Defendant told the police she discovered Robert Samuels’s body while dropping off the family’s dog. Defendant sought to bolster this story by leaving messages on Samuels’s answering machine regarding her plans to drop off the dog. Anne Hambly testified that she also went to Robert Samuels’s house the night he was found dead. Referring to the murder of Robert Samuels, defendant told Hambly that she could not believe that “it had finally happened” and that she had given Bernstein money six months earlier to arrange the killing. Defendant feared being caught and was also afraid to speak because she thought the police had “bugged” her car, purse, and home. At trial, the prosecution introduced evidence showing defendant collected on several insurance policies after Robert Samuels’s death. The total amount of these policies was in excess of $240,000. In addition, the prosecution introduced evidence that a sandwich shop owned by Robert Samuels and defendant was sold in early 1989, and defendant kept the proceeds of approximately $70,000. Additional evidence introduced by the prosecution showing how defendant benefited from Robert Samuels’s death included: (1) defendant kept a car owned by Robert Samuels; (2) she received approximately $6,000 in uncashed payroll checks of Robert Samuels; and (3) she refinanced the family home after Robert Samuels’s death, thereby gaining possession of an additional $160,000. Defendant began to live a lavish lifestyle after Robert Samuels died. In addition, defendant made several incriminating statements after his death. For example, when asked by Anne Hambly who Mike Silva was, defendant told Hambly that Silva was hired by Bernstein to kill Robert Samuels. Defendant also told a friend, Marsha Hutchinson, that if she were not careful in her divorce proceedings, then Hutchinson’s husband might decide to put a hit on her. Defendant also spoke and acted in a manner that led Bernstein’s older brother and sister-in-law to believe that defendant had Robert Samuels killed. James Bernstein also made incriminating statements after Robert Samuels’s death. He told his employer, Charles Mandel, that Robert Samuels’s murder had been taken care of and that he received money from defendant to pay Silva for his part in the crime. 2. The Solicitation and Murder of James Bernstein On June 27, 1989, James Bernstein was killed. The circumstances leading to his murder are as follows: David Navarro and James Bernstein met in February 1989. Navarro testified he met Bernstein through Nicole Samuels, who was a friend of Navarro’s girlfriend. Navarro and Bernstein became friends and they sold drugs together until Bernstein disappeared in June 1989. Bernstein and Navarro were together once when Bernstein received a page, called the number he had been sent, and then went to meet Mike Silva. Bernstein referred to Silva as the “hit man.” Navarro made an anonymous call to the police and provided them with the phone number Bernstein received via the page and Mike Silva’s name. Navarro also provided the names of defendant and Bernstein to the police. Los Angeles Police Officer John Birrer received Navarro’s call on May 1, 1989. After Navarro provided this information, the police served search warrants. Police searched Bernstein’s apartment on May 16, 1989, in connection with the murder of Robert Samuels. The police also searched the victim’s house. In late May or early June 1989, Bernstein told a friend, Rennie Goldberg, he was feeling remorseful and frightened of being caught. He wanted to confess his involvement in Robert Samuels’s murder. By June 1989, Bernstein had become so afraid that he wanted to move out of the area. By the end of June 1989, Bernstein was ready to go to the police and admit what he knew. He told Navarro that he and Mike Silva had killed Robert Samuels and that defendant had paid them for it. He repeatedly said that defendant had solicited him to murder Robert Samuels. Bernstein stated that defendant wanted Robert Samuels killed for insurance money, and that one person had been paid but did not do the job so she approached Bernstein to see if he would do it. On June 26, 1989, Bernstein told his older brother that he was frightened and that he was the only person who could “bum Mary Ellen.” After Robert Samuels’s murder, defendant told Anne Hambly that she wanted Bernstein killed because she thought he would go to the police and disclose her involvement in the murder. In March or April of 1989, Anne Hambly introduced Paul Gaul to defendant. Gaul was Hambly’s live-in boyfriend. Hambly believed Gaul could help defendant with her trouble with Bernstein. Defendant and Gaul had several conversations about Robert Samuels’s death. In the first conversation, defendant mentioned she received insurance money from Robert Samuels’s death and that Bernstein was blackmailing her for her involvement in the murder. In the second conversation, defendant repeated the substance of the first conversation and added that she wanted Robert Samuels killed because he had abused Nicole and she wanted insurance money. During a third conversation, defendant mentioned a failed attempt to kill Robert Samuels. Defendant also said that she had paid for Robert Samuels’s murder, but that the murder was done sloppily and that she had not expected it to be done in her house with blood everywhere. Even in their first conversation, Gaul came to believe that defendant wanted his help in killing Bernstein. Gaul testified that it was not until a later conversation that defendant expressly asked Gaul for help. She told Gaul that she wanted Bernstein killed because he was blackmailing her. She also told Gaul that Bernstein was selling drugs to children. Defendant told Gaul that she would pay for Bernstein to be killed. Defendant spoke with Gaul five to 10 times about killing Bernstein, discussing payment two to four times. Prior to Bernstein’s murder, defendant called Gaul. She told Gaul that she was taking a trip to Cancún and wanted Bernstein murdered before she returned. Defendant agreed to pay Gaul $5,000 for killing Bernstein. Another form of payment was that defendant would forgive a loan made to Anne Hambly. To assist him in killing Bernstein, Gaul solicited Darryl Ray Edwards. Edwards agreed to kill Bernstein for $5,000. In June 1989, at defendant’s request, Bernstein moved in with Anne Hambly and Paul Gaul. When he moved out of his apartment, Bernstein told his apartment manager that he was moving out of town to avoid the police. Bernstein moved in with Hambly and Gaul because he was afraid the police were closing in on him. On June 27, 1989, Paul Gaul and Darryl Ray Edwards killed James Bernstein. On that morning, Gaul met Edwards at a bar and they started drinking. Their plan to murder Bernstein involved getting Bernstein to go up to an area near Frazier Park. Gaul and Edwards planned to tell Bernstein that Edwards knew some drug dealers in Frazier Park and that Gaul, Edwards, and Bernstein would go and rob them. The two men separated, planning to meet at Anne Hambly’s later that day. Gaul returned to Hambly’s house around 5:00 or 6:00 p.m. Edwards arrived approximately two hours later. Bernstein was at Hambly’s house. Gaul, Edwards, and Bernstein talked about going to rip off drug dealers. Although he did not initially agree to the plan, Bernstein was curious and wanted more information. Subsequently, Gaul, Edwards, and Bernstein left Hambly’s house in defendant’s car. Gaul was the driver. After approximately 40 minutes, they ended up on an isolated dirt road. However, it turned out to be a private driveway and several dogs came running at the car. Edwards told Gaul to immediately get out of the driveway, so Gaul placed the car in reverse and drove away. About five to 10 minutes later, Edwards yelled “Now” or something similar. Gaul slammed on the car’s brakes, put the car in park, and turned off the headlights. Edwards grabbed Bernstein’s neck from behind and began to choke him. Bernstein began to scream, but Gaul twice hit him in the side of the head or neck to keep him quiet. Gaul accidentally hit Edwards, which loosened Edwards’s grip on Bernstein. Bernstein opened the car door and jumped out. Edwards and Gaul got out of the car and chased after Bernstein. Edwards caught Bernstein and wrestled him to the ground. Gaul held Bernstein’s legs, while Edwards choked him. Bernstein asked, “Why?,” and Gaul said that it was because he talked too much. Gaul stopped holding Bernstein’s legs and joined in with Edwards. Bernstein struggled for three to five minutes, then stopped. Gaul put his ear to Bernstein’s chest to listen for a heartbeat, but did not hear one. An autopsy on Bernstein confirmed that he had been strangled to death. Gaul and Edwards placed Bernstein’s body in the backseat of the car. Edwards drove to a dark and isolated area. During the drive to this area, Gaul took off Bernstein’s belt, which had the name “James” on it, and threw it over a cliff. Gaul also threw Bernstein’s pager over an embankment. When Edwards stopped the car, he and Gaul pulled Bernstein’s body out of the backseat and put it over an embankment. Gaul and Edwards then drove back to Anne Hambly’s house. Upon returning to Hambly’s house, Gaul, Edwards, and Hambly discussed what had happened. Gaul and Edwards told Hambly that they had killed Bernstein. Anne Hambly made a phone call to defendant, who was in Cancún, Mexico, at the time, and let her know that Bernstein was dead. Hambly did so by using a “code” that she and defendant had agreed to. The code involved Hambly’s calling defendant to say that Hambly had spoken to her sister. This statement was a signal to defendant that Bernstein was dead and that it was safe for defendant to return from Mexico. 3. Defense Case The defense case centered on defendant’s testimony and the testimony of her daughter, Nicole. Defendant testified that her six-year marriage to Robert Samuels had been stormy. Defendant claimed Samuels developed a drinking problem and was abusive when he drank. Defendant testified that she moved out of her residence with Robert Samuels on October 3, 1986, because of Samuels’s drinking. According to defendant, during the separation period, she and Samuels were able to generally agree on subjects, such as custody, child and spousal support, as well as the operation of the couple’s Subway restaurant. Defendant testified that she considered reconciling, but decided not to when she learned that Samuels had physically and sexually abused Nicole. Despite learning that Robert Samuels had physically and sexually abused Nicole, defendant testified she never wanted to kill Samuels and never asked anyone else to do so. She also denied involvement in any physical attacks on Samuels, including an incident where she allegedly struck Samuels with a pipe. She also testified that her financial situation in 1987 was fine, even after her separation from Samuels. With respect to Robert Samuels’s murder, Nicole Samuels denied any involvement in a plot to murder him. She testified that Robert Samuels physically and sexually abused her and that she moved out of her family’s home because of this abuse. Nicole stated that she did not tell her mother of the abuse until after the couple had separated because she was afraid that the couple would separate for this reason. Although she testified that she told several people, including friends and a school counselor, about these incidents, she never reported the abuse to law enforcement officials. With respect to the murder of James Bernstein, Nicole testified that she and Bernstein met at a party in the beginning of 1986. Bernstein would subsequently visit the Subway restaurant where Nicole worked and she and Bernstein developed a friendship. For her part, defendant testified that she started to socialize with Bernstein toward the end of 1986. With respect to the prosecution’s allegation that she was concerned with Bernstein speaking to the police about Samuels’s murder, defendant testified she was not concerned because she had nothing to do with the murder. She stated that Bernstein never threatened or blackmailed her and that she did not want him dead, let alone conspire to have him killed. Defendant testified she felt terrible upon learning Bernstein was dead. B. Penalty Phase Susan Conroy, Robert Samuels’s sister, was the only witness the prosecution presented during the penalty phase. She testified with respect to victim impact evidence and described her good relationship with Robert Samuels. Defendant offered the testimony of several witnesses who attested to her good character. Myma Aaron, an outreach worker for the Jewish Committee for Personal Service, visited defendant on an ongoing basis. Aaron found defendant to be a sensitive person and able to cheer up others despite her own circumstances. Aaron testified that defendant would be an “invaluable source of support” for other inmates if she were allowed to live. Dawn Goodall, a fellow county jail inmate of defendant, testified that defendant was a “wonderful woman” who would do much more for others if allowed to live. She testified that defendant never exhibited a temper and tried to break up altercations between inmates. Jacquelyne Gunn was defendant’s fellow inmate for almost two years. Gunn testified that defendant would give Bible study classes almost every night. Gunn testified that when she could not afford to buy an item while in prison, defendant would buy it for her with no expectation of anything in return. Gunn also stated that defendant helped sick inmates by giving them soup, water, and warm towels. Gunn confirmed that defendant would help defuse altercations between inmates. Gunn also testified about an incident in prison when she received bad news and became suicidal. Gunn called for defendant, and her presence spiritually comforted and made Gunn feel safe. Gunn said that defendant aligned herself with weaker inmates and her friends were all people of color. Gunn asked the jury to let defendant live. Defendant’s childhood friend, Barbara Favilla, testified that defendant was fun to be with and easy to get along with. Favilla testified that she wanted to see defendant get a life sentence. Defendant’s first husband, Ronnie Lee Jamison, testified about their marriage. Citing their good marriage and her redeeming values, Jamison asked the jury to spare defendant’s life. Stephanie Hughes, defendant’s former stepdaughter, testified that defendant had treated her as if she were her own daughter and that they had a great relationship. Hughes also asked the jury to allow defendant to live. Ellen Gumick, defendant’s mother, testified that she had throat cancer and would be going into surgery the next day. She testified that defendant had a normal childhood, was a popular girl, and a good enough actress to get the lead part in a high school drama production. Although Mrs. Gumick had not seen defendant much since Robert Samuels’s death, she testified that she and defendant frequently communicated via the telephone and mail. She asked the jury to spare defendant’s life. Alexander Gumick, defendant’s father, testified about defendant’s numerous friendships as a girl. He recalled defendant babysitting for her younger brother while he and his wife worked. He asked the jury to let defendant live. In addition, three sheriff’s deputies testified on defendant’s behalf. Timothy Murakami, Gary Mann, and Dennis Ransom testified that they had experienced no problems with defendant during her incarceration, although on cross-examination, Murakami testified he believed defendant was a manipulative person. II. Discussion A. Pretrial Issues 1. Denial of Pitchess Requests Defendant moved for discovery of the personnel records for former Police Officer James Nowlin and Detective George Daley, which the trial court denied. Evidence Code sections 1043 and 1045, which codified our decision in Pitchess v. Superior Court (1974) 11 Cal.3d 531 [113 Cal.Rptr. 897, 522 P.2d 305], allow discovery of certain relevant information in peace officer personnel records on a showing of good cause. Discovery is a two-step process. First, defendant must file a motion supported by declarations showing good cause for discovery and materiality to the pending case. (City of Santa Cruz v. Municipal Court (1989) 49 Cal.3d 74, 82 [260 Cal.Rptr. 520, 776 P.2d 222].) This court has held that the good cause requirement embodies a “relatively low threshold” for discovery and the supporting declaration may include allegations based on “information and belief.” (Id. at p. 94.) Once the defense has established good cause, the court is required to conduct an in camera review of the records to determine what, if any, information should be disclosed to the defense. (Evid. Code, § 1045, subd. (b).) The statutory scheme balances two directly conflicting interests: the peace officer’s claim to confidentiality and the defendant’s compelling interest in all information pertinent to the defense. (City of San Jose v. Superior Court (1993) 5 Cal.4th 47, 53 [19 Cal.Rptr.2d 73, 850 P.2d 621].) Here, the trial court denied defendant’s Pitchess motions. Defendant claims the court erred in denying the motions and this error also violated her constitutional rights under the Fifth, Sixth, and Fourteenth Amendments of the United States Constitution. a) James Nowlin’s records Although James Nowlin was not involved in the murder investigation of Samuels or Bernstein, defendant sought Nowlin’s records from the Costa Mesa Police Department where Nowlin had been a reserve police officer. Defendant asserted that Nowlin was violent and unstable and had a motive to kill Robert Samuels. In support of her request, defendant alleged numerous facts including: (1) Nowlin was initially investigated as a suspect in Samuels’s death because Samuels had a brief sexual relationship with Nowlin’s estranged wife and Nowlin was known to be jealous and violent; (2) Nowlin owned shotguns and had been suspended from the Costa Mesa Reserve Police Officer Program because he fired a handgun during an argument with his wife and then lied about the incident; (3) a former policeman reported that Nowlin’s girlfriend had told him that Nowlin said he had done “something very bad and that he could go to prison for a long time,” and that Nowlin had asked the girlfriend to give him an alibi; (4) Nowlin reconciled with his wife on the day that Samuels’s body was discovered. The trial court denied the motion, holding that defendant failed to lay a proper foundation under Pitchess. Here, even if the trial court erred because defendant made a showing of good cause in support of his request (see Warrick v. Superior Court (2005) 35 Cal.4th 1011 [29 Cal.Rptr.3d 2, 112 P.3d 2]), such error was harmless in light of the extensive evidence linking defendant to the murders of Samuels and Bernstein. (People v. Watson (1956) 46 Cal.2d 818, 836 [299 P.2d 243].) b) Detective Daley’s records George Daley was the homicide detective assigned to the Samuels case. With respect to Daley, defendant claims his files “might have led to discovery of prior instances of improper sexual advances, as the defense asserted he had made toward defendant. Moreover, the request sought to examine prior instances of dishonesty on any matter, which might have detracted from Daley’s credibility.” The trial court reviewed Daley’s records in camera and concluded there was nothing to disclose. Regarding Daley’s file, the records were made part of the record on appeal but were sealed, and appellate counsel has not been permitted to view them. We have independently examined the materials and conclude the trial court did not abuse its discretion by refusing to disclose the contents of Daley’s personnel files. (Alford v. Superior Court (2003) 29 Cal.4th 1033, 1039 [130 Cal.Rptr.2d 672, 63 P.3d 228].) 2. Failure to Conduct Individual Sequestered Voir Dire The trial court rejected defendant’s request to question each juror individually on the issue of the death penalty. Defendant contends that as a result the trial court’s voir dire did not allow the parties to make intelligent decisions about whether a prospective juror was qualified to sit as a juror. Defendant claims this error violated her constitutional rights under the Sixth and Fourteenth Amendments of the United States Constitution. Contrary to defendant’s contention that the trial court improperly restricted voir dire, the record shows the trial court’s voir dire was adequate. The trial court asked the appropriate death-qualifying questions required by Witherspoon v. Illinois (1968) 391 U.S. 510 [20 L.Ed.2d 776, 88 S.Ct. 1770] and Wainwright v. Witt (1985) 469 U.S. 412 [83 L.Ed.2d 841, 105 S.Ct. 844], lengthy juror questionnaires were completed, and both sides had the opportunity to question each prospective juror. There is no indication that the trial court abused its discretion during voir dire. (People v. Burgener (2003) 29 Cal.4th 833, 865 [129 Cal.Rptr.2d 747, 62 P.3d 1].) Defendant also argues that she was entitled to individually sequestered voir dire pursuant to our decision in Hovey v. Superior Court (1980) 28 Cal.3d 1 [168 Cal.Rptr. 128, 616 P.2d 1301], and that the trial court erred in denying her request. As in the past, we reject this argument. Proposition 115, passed June 5, 1990, enacted Code of Civil Procedure former section 223, which abrogated our decision in Hovey. (People v. Slaughter (2002) 27 Cal.4th 1187, 1198-1199 [120 Cal.Rptr.2d 477, 47 P.3d 262].) 3. Removal of Prospective Juror Robert P. Defendant contends the trial court erroneously excused Prospective Juror Robert P. for cause. Defendant claims this error violated her federal constitutional rights under the Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. The United States Supreme Court has stated that the proper standard to excuse a juror for cause based on his or her views on capital punishment is “whether the [prospective] juror’s views would ‘prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath.’ ” (Wainwright v. Witt, supra, 469 U.S. at p. 424.) In his juror questionnaire Robert P. provided a series of contradictory answers to questions regarding his views on the death penalty. For example, although he indicated that the state should impose the death penalty on everyone who intentionally kills another person, Robert P. admitted that he might be tempted to find special circumstances to be false, no matter the evidence presented, in order to avoid the death penalty question. Robert P. was also uncertain if he could set aside his own feelings regarding what the law ought to be and follow the law as set forth by the court. When asked how he would address a conflict between an instruction of law and his own belief or opinion, Robert P. wrote, “Certain beliefs I hold strongly. For those I would have to talk to him. I may not be willing to bend.” Finally, on the final page of his questionnaire, Robert P. wrote: “I feel the death penalty should be used in certain cases. I do not think I could be the one to pull the switch. I have thought much about how I would handle evidence that pointed to the death penalty. I would vote for it, but I would not feel good about it. I cannot say until actually faced with the situation, but I might become hesitant as the issue turns from abstract discussion to reality.” During oral voir dire, Prospective Juror Robert P. also made contradictory statements about his ability to follow the law. He initially stated he was willing to set aside his own views and follow the law. However, when asked further about putting aside his personal feelings and following the law as explained by the court, Robert P. admitted that “there’s certain things that I wouldn’t be willing to bend on .... I don’t know if any of those things are going to come up in this case, but I just wanted to leave the door open just in case to say that some things might happen. Mostly this has to do with my religious beliefs.” Further, when the prosecutor asked if there were any situations where he would be unwilling to follow the court’s instructions, Robert P. stated, “Yes. And I don’t know of an example to bring up, but. . . maybe something might.” Based on our review of the record, we find no federal error in the trial court’s excusing Robert P. for cause. (Wainwright v. Witt, supra, 469 U.S. at p. 424.) B. Guilt Phase Issues 1. Alleged Error in Admitting Evidence of Defendant’s Bad Character Defendant sets forth numerous instances of alleged trial court error in admitting character evidence. Defendant claims these evidentiary errors violated her due process and fair trial rights under the Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. With respect to many of these claims, such as those showing the lavish lifestyle defendant enjoyed after Robert Samuels’s death, there was no error. The evidence was relevant to prove defendant’s financial motive for killing Samuels. (People v. Sapp (2003) 31 Cal.4th 240, 313 [2 Cal.Rptr.3d 554, 73 P.3d 433].) In addition, certain evidence was properly admitted to rebut defendant’s claim that defendant was upset about Robert Samuels’s death. (See, e.g., People v. Raley (1992) 2 Cal.4th 870, 913 [8 Cal.Rptr.2d 678, 830 P.2d 712]; People v. Barnett (1998) 17 Cal.4th 1044, 1131 [74 Cal.Rptr.2d 121, 954 P.2d 384].) This included evidence showing that defendant did not pay for Samuels’s funeral and that she did not give Samuels’s car or money to his brother, and testimony from police officers who were present at the crime scene that related how defendant dressed and acted provocatively. In addition, defendant failed to object to the admission of this evidence, so any claims with respect to this evidence are waived. (People v. Lewis (2001) 25 Cal.4th 610, 673 [106 Cal.Rptr.2d 629, 22 P.3d 392].) Also, the prosecution’s questioning of Nicole Samuels about the possibility she stole proceeds from the Subway restaurant was not error because it was relevant to the prosecution’s cross-examination of Nicole with respect to her credibility. With respect to evidence relating to defendant’s dressing in an unseemly manner and her attempt to teach a bird how to call Detective Daley derogatory names, the trial court erred in admitting this evidence, but such error is harmless. (People v. Watson, supra, 46 Cal.2d at p. 836.) As to the remaining instances of alleged error in admitting character evidence, even if the evidence was admitted in error, any error was harmless in light of the prosecution’s extensive case against defendant. (People v. Watson, supra, 46 Cal.2d at p. 836.) Finally, after reviewing the record on appeal, we believe that any evidentiary error by the trial court, cumulative as well as individual, was harmless. The prosecution presented other evidence that overwhelmingly linked defendant to the murders of Robert Samuels and James Bernstein. This evidence included testimony from Anne Hambly and Paul Gaul, one of Bernstein’s admitted killers, both of whom implicated defendant in the murders. It is not reasonably probable the jury would have reached a different result had the evidence been excluded. The evidence about which defendant complains shows her to be an indifferent, self-indulgent, and careless parent who set a poor example. It added little to the compelling case against her. Accordingly, any evidentiary error was harmless. (People v. Watson, supra, 46 Cal.2d at p. 836.) Assuming defendant’s constitutional claims are preserved, they fail “because generally, violations of state evidentiary rules do not rise to the level of federal constitutional error.” (People v. Benavides (2005) 35 Cal.4th 69, 91 [24 Cal.Rptr.3d 507, 105 P.3d 1099].) 2. Alleged Judicial Bias Defendant contends the trial court made inconsistent evidentiary rulings, thereby demonstrating the court’s bias, and depriving her of her constitutional rights under the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Failure to raise the issue of judicial conduct at trial waives claims of statutory or constitutional error. Because defendant failed to raise a proper objection, the issue is waived on appeal. (People v. Wright (1990) 52 Cal.3d 367, 411 [276 Cal.Rptr. 731, 802 P.2d 221].) In any event, as set forth below, after reviewing these rulings, we reject defendant’s claim of judicial bias. (People v. Clark (1992) 3 Cal.4th 41, 143 [10 Cal.Rptr.2d 554, 833 P.2d 561].) a) Handwriting exemplar of Nicole Samuels Defendant claims the trial court erred by preventing Nicole Samuels from providing a handwriting exemplar. As a result of this alleged error, defendant claims she was prevented from rehabilitating Nicole. We disagree. On cross-examination by the prosecution, Nicole admitted to signing some checks she gave to James Bernstein. On redirect examination, defense counsel asked Nicole if she would be “willing, if asked by the prosecution, to give your handwriting exemplar so it might be matched.” The prosecutor objected on relevance grounds and the trial court upheld this objection. Defense counsel attempted to have the judge reconsider his ruling, but he stated, “You can have a handwriting expert do the same thing. You are forcing one side to do the other person’s work.” There was no error and defendant sets forth no reason for how she was prevented from introducing the evidence. b) Cross-examination of Detective Daley Defendant claims that on direct examination Detective Daley testified that he never told witnesses or suspects any specifics about the status of the investigation or evidence recovered. During defendant’s testimony, defense counsel attempted to elicit testimony about references Daley made concerning the investigation. The prosecutor objected on hearsay grounds and the court sustained the objection. Defendant claims the prosecutor promised Detective Daley would be recalled and asked about any disclosures. Detective Daley was recalled by the prosecution, but defendant complains the prosecutor failed to ask Detective Daley about any disclosures and the trial court’s rulings in this context supporting the prosecution exhibited bias. This claim lacks merit. Defendant had the opportunity to thoroughly cross-examine Detective Daley on this issue and to impeach his credibility, yet failed to do so. c) Disclosure of investigator’s interview notes The prosecution called John Krall as a witness to testify about an incident where defendant allegedly struck Robert Samuels with a pipe. Defendant sought to impeach Krall with questions relating to an interview Krall had with a defense investigator. At trial, the prosecution requested the defense disclose any interview notes it had with respect to this interview. Defense counsel objected, claiming that he did not intend to call the investigator as a witness or refer to the notes. Initially, the trial court ruled defendant must disclose the interview notes. However, the trial court ruled it would examine the written notes to determine if the notes contained any work product or material protected by the attorney-client privilege. After doing so, the trial court held that there was no work product or privileged material and that defendant was required to turn over the notes. Even if the trial court erred in requiring the defendant to turn over the notes to the prosecutor (see People v. Sanders (1995) 11 Cal.4th 475, 520 [46 Cal.Rptr.2d 751, 905 P.2d 420]), in light of the overwhelming evidence against defendant, such error was harmless. {People v. Watson, supra, 46 Cal.2d at p. 836.) In addition, any erroneous evidentiary ruling by the trial court does not show that the court was biased. {Kreling v. Superior Court (1944) 25 Cal.2d 305, 312 [153 P.2d 734]; Scott v. Family Ministries (1976) 65 Cal.App.3d 492, 510 [135 Cal.Rptr. 430] [“A possibly erroneous ruling on evidence does not establish prejudice of the trial judge”].) d) Alleged improper denial of defendant’s right to cross-examine prosecution witness David Navarro On cross-examination of David Navarro, defendant inquired about his immunity agreement with the prosecution. During the course of this cross-examination, defendant asked Navarro his opinion as to “who was the person who determines whether your testimony is truthful?” The prosecutor objected on the grounds that the question was asked for a legal conclusion and an improper opinion. The trial court sustained the objection. Defendant claims she was precluded from properly cross-examining Navarro because of this ruling and that this ruling exemplified the court’s bias. We disagree. When the trial court sustained the prosecution’s objection, defense counsel did not object to this ruling. Rather, he continued with his spirited cross-examination of Navarro, including further questions with respect to his immunity agreement with the prosecution. There is no showing of judicial bias in this ruling nor that defendant suffered any prejudice in cross-examining Navarro. e) Impeachment of Anna Davis On direct examination, defense witness Anna Davis testified that when she was in a limousine with defendant, Heidi Dougall, and Anne Hambly, she saw Dougall and Hambly use cocaine. On cross-examination, the prosecution inquired into Davis’s use of cocaine. Defendant objected to this line of questioning claiming it was improper impeachment. After appointing counsel for Davis, the trial court allowed the prosecution to continue with this line of questioning. The trial court did not commit error. As set forth above, Davis testified on direct examination on cocaine use by Dougall and Hambly in a limousine, so defendant initially raised the issue. On cross-examination, Davis admitted that she and defendant also used cocaine with Dougall and Hambly. The trial court properly allowed the cross-examination into Davis’s cocaine use because it was relevant to Davis’s credibility. Again, defendant fails to show how this ruling shows judicial bias. f) Cross-examination of prosecution witness Heidi Dougall Defendant attempted to cross-examine Heidi Dougall by inquiring about her psychiatric hospitalization and attempted suicide. The prosecution objected on the grounds that Dougall’s credibility was at issue, not her mental health. Defendant claims the trial court was biased because it refused to permit any reference to Dougall’s hospitalization or attempted suicide. “[T]he mental illness or emotional instability of a witness can be relevant on the issue of credibility, and a witness may be cross-examined on that subject, if such illness affects the witness’s ability to perceive, recall or describe the events in question.” (People v. Gurule (2002) 28 Cal.4th 557, 591-592 [123 Cal.Rptr.2d 345, 51 P.3d 224].) Here, the record contradicts defendant’s claims that she was not permitted to adequately cross-examine Dougall. The trial court ruled that it was appropriate to ask Dougall whether she had taken any medications, drugs, or alcohol that could have influenced her observations. The trial court allowed defendant to inquire whether Dougall had taken any medications that changed her powers of recollection. Defendant was allowed to ask Dougall whether she was in the care of doctors, but not if she was ever institutionalized. The trial court disallowed defendant’s questioning about Dougall’s suicide attempt, stating that it was irrelevant unless defendant could show some factor in the case was related to it. Defendant promptly proceeded with her cross-examination of Dougall, asking questions with respect to her treatment by doctors and her medical condition between July 1988 and December 1989. Based on our review of the record, the trial court correctly limited defendant’s cross-examination to questions relevant to Dougall’s credibility, and defendant’s claim that she was precluded from making any inquiry about Dougall’s medical condition lacks merit. Thus, there was no showing of bias with respect to the court’s rulings on Dougall. g) Admission of check The trial court admitted into evidence a $1,500 check drawn from defendant’s personal account dated October 17, 1989, and made out to “cash.” Defendant objected on relevance grounds and that no foundation had been laid for the check’s admission. On appeal, defendant claims this ruling was erroneous and exhibited the trial judge’s bias. This claim lacks merit. The check was relevant because the prosecutor set forth that the financial gain circumstances involved in the case were still pending when this check was dated, and the check therefore supported the prosecution’s theory of the case. But we agree with defendant that the record is less than clear that the prosecutor laid a proper foundation for the admission of the check. However, even if the trial court erred in admitting this evidence, such error was harmless in light of the extensive evidence against defendant and the minor effect this check would have on the jury. (People v. Watson, supra, 46 Cal.2d at p. 836.) h) Alleged threats to defense counsel Defendant called her daughter, Nicole Samuels, as a witness. Nicole testified that she had been sexually abused by Robert Samuels. On cross-examination, the prosecutor attempted to attack Nicole’s credibility by asking her why she waited until May 1994 to reveal this information. On redirect examination, defendant sought to introduce testimony from Nicole about statements she made during interviews with defense investigator Marty Jensen with respect to the alleged sexual abuse. Outside the presence of the jury, the prosecutor objected, claiming that defendant failed to turn over any discovery statement pursuant to section 1054.3. Defense counsel responded by stating no written statement from the interview existed, so there was no disclosure requirement. After defense counsel admitted prior knowledge about Nicole’s statements to the investigators, the trial court noted its frustration at defense counsel for springing this information on the court during the trial. However, the trial judge never made any threats that exhibited bias. Although the trial judge said he would consider monetary sanctions, he concluded they would not be effective. In fact, the trial court did not prohibit the defense counsel from asking questions about the interview. Rather, the record reflects defense counsel withdrew his question about Nicole’s interviews with the investigator because he realized it would allow the prosecution to elicit testimony from the investigator stating that she did not take any notes because she was following the express instructions of former counsel. Defense counsel therefore withdrew his question, not because of threats or intimidation by the trial judge, but for strategic purposes. i) Alleged improper impeachment of Nicole Samuels Defendant claims the trial court erred by allowing Detective Daley’s rebuttal testimony relating to Nicole Samuels’s refusal to provide any information to the police about her alleged sexual abuse by Robert Samuels. Daley testified that Nicole had refused to cooperate, claiming the attorney-client privilege. The defense objected to this testimony on the grounds that it was improper rebuttal because it exposed the jury to learning that Nicole had exercised her Fifth Amendment rights. The prosecution claimed that because Nicole testified that she had told Daley about the sexual abuse, Daley’s testimony was highly relevant to Nicole’s credibility. Over defendant’s objection, the trial court allowed this testimony, stating it was a “prior inconsistent or consistent statement” with Nicole’s prior testimony that went to the issue of credibility. Defendant alleges that because of this ruling the trial judge “continued its role as either chief prosecutor or at least co-prosecutor.” We disagree. There was no error in the ruling, and even if the trial court erred in this ruling, there is no showing of bias. The record shows that after considering the parties’ arguments the trial court simply made an evidentiary ruling. (Kreling v. Superior Court, supra, 25 Cal.2d at p. 312; Scott v. Family Ministries, supra, 65 Cal.App.3d at p. 510.) j) Exclusion of Jeffrey Weiss’s testimony Defendant claims the trial court exhibited bias by excluding the testimony of Jeffrey Weiss. Defendant claims Weiss would have testified with respect to an incident where he heard Nicole Samuels shout at Robert Samuels, “Keep your hands off me. I don’t want you to touch me.” Without analysis, defendant claims this testimony was improperly excluded and evidenced the court’s bias. Defendant merely states, “The Court excluded this testimony, and predictably so.” No basis for concluding there was judicial bias appears. Even if there was error, such error was harmless. (People v. Watson, supra, 46 Cal.2d at p. 836.) k) Manipulation of evidence Defendant contends the trial court exhibited bias by manipulating evidence of official files and reports. Defendant claims the trial court did so by making favorable rulings to the prosecution with respect to three rulings. These rulings related to the trial court allowing the prosecution to admit James Bernstein’s criminal file and allowing the testimony of Los Angeles Police Detective Terry Richardson. Detective Richardson testified about his search on the police department’s computer database with respect to Robert Samuels and his opinion that Robert Samuels was never arrested and never had a criminal complaint filed by the defendant against him. Defendant also believes the trial court improperly excluded exhibit F, which was a police report relating to Dean Groover. Even if these evidentiary rulings were erroneous, such error was harmless. (People v. Watson, supra, 46 Cal.2d at p. 836.) In addition, the record is bereft of any indication the trial court was biased in its rulings. On the contrary, the record indicates the trial judge—as he did throughout the trial—went to great lengths to ensure that both parties were allowed to make their arguments before he made an evidentiary ruling. (Kreling v. Superior Court, supra, 25 Cal.2d at p. 312; Scott v. Family Ministries, supra, 65 Cal.App.3d at p. 510.) 1) Admission of Elizabeth Kaufman’s testimony Elizabeth Kaufman was Robert Samuels’s divorce attorney. She testified that Samuels intended to seek a change in spousal support and permission to operate the Subway restaurant. At trial, testimony was elicited that on the day Samuels’s body was discovered, defendant told the police that she had a good relationship with Samuels. In addition, defendant stated to a sheriff’s deputy that she hoped that she and Samuels would get back together again. The prosecution also introduced testimony at trial that Samuels had a “less than cordial” relationship with defendant, had missed a support payment, and had fought with defendant over her continuing to work at the Subway restaurant. Under all these circumstances, the jury could reasonably infer defendant knew about, and was angered by, Robert Samuels’s intention to finalize his divorce and reduce her financial support—thereby providing her a motive to have him killed. Accordingly, the challenged testimony was admissible because it was relevant to show Robert Samuels’s state of mind concerning defendant. (People v. Smithey (1999) 20 Cal.4th 936, 971-972 [86 Cal.Rptr.2d 243, 978 P.2d 1171].) There was no error, and necessarily no constitutional violation. As set forth above, despite defendant’s lengthy catalogue of alleged biases, we conclude the record does not support any display of bias by the trial court. (Kreling v. Superior Court, supra, 25 Cal.2d at p. 312; Scott v. Family Ministries, supra, 65 Cal.App.3d at p. 510.) 3. Alleged Inadmissible Hearsay a) Testimony of David Navarro, Rennie Goldberg, and Matthew Raue Defendant claims the trial court improperly admitted hearsay from three witnesses with respect to their conversations with James Bernstein. These witnesses were David Navarro, Rennie Goldberg, and Matthew Raue. Defendant claims this error denied her rights under the Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. (1) David Navarro’s testimony David Navarro testified that in discussing Robert Samuels’s death, Bernstein said, “He had done it and Mike [Silva] had helped him. And that [defendant] had paid him.” Navarro further testified that Bernstein said defendant had paid him, that Bernstein had skimmed money off the top for himself, and then paid the balance to Mike Silva. Bernstein also told Navarro that he paid Silva in cocaine “in lieu of the money.” Despite the People’s contention that defendant has waived this issue, the record reflects that defendant preserved this issue for appellate review. (People v. Scott (1978) 21 Cal.3d 284, 290 [145 Cal.Rptr. 876, 578 P.2d 123] [“In a criminal case, the objection will be deemed preserved if, despite inadequate phrasing, the record shows that the court understood the issue presented”].) Nevertheless, the claim fails on the merits. Bernstein’s statement to Navarro was properly admitted as a statement against penal interest. Under that exception, an otherwise inadmissible hearsay statement may come into evidence if the statement, when made, subjected the declarant to serious risk of civil or criminal liability or to various other serious risks. (Evid. Code, § 1230.) This case is distinguishable from People v. Lawley (2002) 27 Cal.4th 102, 151-154 [115 Cal.Rptr.2d 614, 38 P.3d 461], upon which defendant relies, for Bernstein’s facially incriminating comments were in no way exculpatory, self-serving, or collateral. Defendant argues that Bernstein’s assertion “that [defendant] had paid him” for the killing was either collateral to his statement against penal interest, or an attempt to shift blame. We disagree. This admission, volunteered to an acquaintance, was specifically disserving to Bernstein’s interests in that it intimated he had participated in a contract killing—a particularly heinous type of murder—and in a conspiracy to commit murder. Under the totality of the circumstances presented here, we do not regard the reference to defendant incorporated within this admission as itself constituting a collateral assertion that should have been purged from Navarro’s recollection of Bernstein’s precise comments to him. Instead, the reference was inextricably tied to and part of a specific statement against penal interest. (See People v. Wilson (1993) 17 Cal.App.4th 271, 277 [21 Cal.Rptr.2d 420].) Moreover, the differences between the trustworthiness of the statements involved in this case and those excluded in People v. Lawley, supra, 27 Cal.4th at pages 151-154 (in which we found no abuse of discretion in the trial court’s exclusion, following an offer of proof, of proposed testimony recounting a prisoner’s assertions that the Aryan Brotherhood was involved in a homicide he claimed to have committed) are palpable. In any event, even had the trial judge erred, any such error was harmless. (People v. Watson, supra, 46 Cal.2d at p. 836.) (2) Testimony of Rennie Goldberg and Matthew Raue Rennie Goldberg testified that in April 1989 Bernstein told him that he was being solicited by both defendant and her daughter Nicole to have Robert Samuels murdered and that he was considering doing so (even though Samuels had already been killed in December 1988). Matthew Raue testified that in the spring of 1989, Bernstein said he was approached by defendant and Nicole to help them murder Robert Samuels. Defendant moved to exclude the testimony of Raue and Goldberg on hearsay grounds. The prosecutor argued that the testimony was admissible as either an admission of a coconspirator or as a statement against Bernstein’s interest. The trial court denied this motion, ruling that the coconspirator exception applied. Defendant claims the trial court erred by allowing this testimony. With respect to Bernstein’s statements made to Raue and Goldberg, defendant is correct that none of the statements could be admitted under the hearsay exception for statements made in furtherance of a conspiracy. Raue and Goldberg testified that their conversations with Bernstein took place after Robert Samuels had been murdered. Therefore, Bernstein’s statements could not have been made in furtherance of any conspiracy. Defendant also argues the statement against penal interest exception to the hearsay rule is not applicable to Goldberg and Raue’s testimony. Even assuming the admission of these statements was error, any error was harmless. {People v. Watson, supra, 46 Cal.2d at p. 836.) In addition, assuming defendant’s constitutional claim was properly preserved on appeal (see People v. Yeoman (2003) 31 Cal.4th 93, 117, 133 [2 Cal.Rptr.3d 186, 72 P.3d 1166]), it fails on the merits. (People v. Benavides, supra, 35 Cal.4th at p. 91.) b) Testimony of Detective George Daley Defendant claims that Detective Daley’s testimony about Mike Silva was inadmissible and the trial court’s error violated her Sixth, Eighth, and Fourteenth Amendment rights under the United States Constitution. We disagree. During the prosecution’s case-in-chief, Detective John Birrer testified that an anonymous caller had identified Mike Silva as the hit man used by James Bernstein to kill Robert Samuels. Detective Daley later testified that as a result of an anonymous call to Detective Birrer, Detective Daley located and interviewed Mike Silva. Defendant argues that the trial court erred by allowing Detective Daley to testify about his conversation with Detective Birrer. Defendant contends that this testimony was hearsay and irrelevant. Because defendant failed to make a specific and timely objection on hearsay grounds, she failed to preserve this claim for review. (People v. Waidla (2000) 22 Cal.4th 690, 717 [94 Cal.Rptr.2d 396, 996 P.2d 46].) In any event, Detective Daley’s testimony was not hearsay or irrelevant. It was not used to prove that Mike Silva killed Robert Samuels. Instead, the testimony was used to explain Detective Daley’s reasons for obtaining search warrants and contacting Mike Silva—subsequent action by a law enforcement officer during his investigation into a murder. Accordingly, the trial court did not err. Defendant also contends that Detective Daley’s testimony should have been excluded because it exceeded the scope of his cross-examination. It did not. During Detective Daley’s cross-examination defense counsel asked questions about Mike Silva, including whether Silva was ever arrested for Robert Samuels’s murder. Therefore, Detective Daley’s testimony on redirect examination did not exceed the scope of his cross-examination. (See People v. Brown (1991) 234 Cal.App.3d 918, 939 [285 Cal.Rptr. 824].) Defendant also claims Detective Daley should not have been allowed to testify that Mike Silva was dead. The record indicates that Silva’s death was relevant because defendant had placed it at issue. In fact, after acknowledging this fact during a discussion outside of the jury’s presence, defendant requested the prosecutor not elicit details about how Silva’s death occurred. The trial court then directed the prosecutor not to elicit details on Silva’s death. Thus, defendant is barred from challenging this testimony. (People v. Gutierrez (2002) 28 Cal.4th 1083, 1139 [124 Cal.Rptr.2d 373, 52 P.3d 572].) Finally, assuming defendant’s constitutional claim was properly preserved on appeal (see People v. Yeoman, supra, 31 Cal.4th at pp. 117, 133), no constitutional or other error occurred. c) Testimony of Elizabeth Kaufman and Susan Conroy As set forth above, Elizabeth Kaufman was Robert Samuels’s divorce attorney. She testified that Samuels intended to seek a change in spousal support and court permission to operate the Subway restaurant. Susan Conroy was Samuels’s sister. Conroy testified that Samuels told her that he intended to finalize his divorce from defendant. Defendant contends the trial court erred by admitting Samuels’s statements to Kaufman and Conroy with respect to Samuels’s intent to seek a change in spousal support and to finalize his divorce from defendant. Defendant claims these statements were inadmissible because they were hearsay, irrelevant, and violated her constitutional rights under the Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. Defendant objected on hearsay grounds, but not on constitutional grounds. For the reasons set forth in part B.2.1 (ante, at pp. 119-120), the trial court properly admitted this testimony. In addition, assuming defendant’s constitutional claim was properly preserved on appeal (see People v. Yeoman, supra, 31 Cal.4th at pp. 117, 133), no constitutional or other error occurred. 4. Alleged Error in Admitting Photographs Defendant argues that the trial court erred by admitting certain photographs of Robert Samuels, thereby violating her constitutional rights under the Eighth and Fourteenth Amendments of the United States Constitution. Defendant argued at trial that the photographs were cumulative, offensive, and had no probative value. “The admission of photographs of a victim lies within the broad discretion of the trial court when a claim is made that they are unduly gruesome or inflammatory. [Citations.] The court’s exercise of that discretion will not be disturbed on appeal unless the probative value of the photographs clearly is outweighed by their prejudicial effect. [Citations.]” (People v. Crittenden (1994) 9 Cal.4th 83, 133-134 [36 Cal.Rptr.2d 474, 885 P.2d 887].) The autopsy photographs depicted Robert Samuels’s body as it lay on a table in the county morgue. The photographs depict that Samuels was shot in the back of the head by a shotgun and were relevant to illustrate and corroborate the testimony supplied by Dr. Christopher Rogers, Deputy Medical Examiner for Los Angeles County. Dr. Rogers testified for the prosecution with respect to Robert Samuels’s autopsy and established the manner in which Samuels was killed and other relevant matters. (People v. Crittenden, supra, 9 Cal.4th at p. 132.) Nor was the probative value of the autopsy photographs clearly outweighed by their prejudicial effect. “We have described the ‘prejudice’ referred to in Evidence Code section 352 as characterizing evidence that uniquely tends to evoke an emotional bias against a party as an individual, while having only slight probative value with regard to the issues. [Citation.] As we previously have observed, victim photographs and other graphic items of evidence in murder cases always are disturbing. [Citation.]” (People v. Crittenden, supra, 9 Cal.4th at p. 134.) Our independent review of the photographs leads to the conclusion that, although the photographs are unpleasant, they are not unduly shocking or inflammatory. Accordingly, the trial court did not abuse its discretion in admitting the photographs. To the extent defendant also argues that the photographs are cumulative, we reject her argument. (People v. Crittenden, supra, 9 Cal.4th at pp. 134-135 [“We often have rejected the contention that photographs of a murder victim must be excluded as cumulative simply because testimony also has been introduced to prove the facts that the photographs are intended to establish”].) In addition, assuming defendant’s constitutional claim was properly preserved on appeal (see People v. Yeoman, supra, 31 Cal.4th at pp. 117, 133), it fails on the merits. 5. Alleged Prosecutorial Misconduct in Questioning Witnesses Defendant contends the prosecutor committed misconduct by injecting inadmissible evidence at trial and then abandoning it after the jury was contaminated. She claims her rights under the Fifth, Sixth, Eighth, and Fourteenth Amendments of the federal Constitution were violated. Defendant failed to object or seek a curative admonition, therefore this issue is waived on appeal. (People v. Brown (2004) 33 Cal.4th 382, 398-399 [15 Cal.Rptr.3d 624, 93 P.3d 244].) However, there is no error. “ ‘A prosecutor’s . . . intemperate behavior violates the federal Constitution when it comprises a pattern of conduct “so egregious that it infects t