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Opinion KENNARD, J. Defendant Robert Jurado, Jr., appeals from a judgment of death upon his conviction by jury verdict of one count of murder in the first degree (Pen. Code, § 187), with the special circumstance of intentionally killing while lying in wait (§ 190.2, subd. (a)(15)), and one count of conspiracy to commit murder (§§ 182, 187). The jury found that defendant personally used a deadly and dangerous weapon to commit the murder. (§ 12022, subd. (b).) The jury that returned these verdicts as to guilt and special circumstance also returned a penalty verdict of death for the murder. The trial court denied the automatic motion to modify the penalty (§ 190.4, subd. (e)) and sentenced defendant to death. This appeal from the judgment of death is automatic. (§ 1239, subd. (b).) We affirm the judgment in its entirety. I. Facts and Proceedings On May 17, 1991, a stranded motorist saw the body of Teresa (Terry) Holloway in a culvert beneath Highway 163 in San Diego County. She had been strangled and beaten to death two days earlier. As the prosecution’s evidence at trial established, defendant killed Holloway, with the help of Denise Shigemura and Anna Humiston, to prevent her from disclosing their plan to kill a drug dealer named Doug Mynatt. A. Prosecution’s Guilt Phase Case-in-chief In October 1989, Brian. Johnsen met Teresa Holloway; a month later, they began living together and continued living together until late April 1991. Throughout this time, Holloway was using methamphetamine on a regular basis. In December 1989, Holloway met Doug Mynatt at a bar and introduced him to Johnsen. In July or August of 1990, Brian Johnsen met defendant and bought crystal methamphetamine from him at Mark Schmidt’s house. Defendant was sharing an apartment with Denise Shigemura, but his girlfriend was Anna Humiston, a high school student who lived with her parents. Johnsen and Teresa Holloway socialized and shared drugs with defendant, Shigemura, and Humiston. Johnsen later introduced defendant to Mynatt. In October 1990, Denise Shigemura was arrested and remained in federal custody until April 1991, when she was released to a halfway house. During her time in custody, Shigemura exchanged letters and telephone calls with Teresa Holloway. When Shigemura obtained overnight passes from the halfway house, she stayed at the house where Teresa Holloway lived with Brian Johnsen. In February 1991, Teresa Holloway argued with defendant, and their relationship became strained. Holloway’s relationships with Anna Humiston also became strained, and on one occasion they had a quarrel that almost turned violent. Around the same time, Doug Mynatt moved on a temporary basis into the house that Brian Johnsen and Holloway shared. Johnsen had been buying methamphetamine from Mynatt. In late March 1991, defendant gave Doug Mynatt a .38-caliber handgun in exchange for drugs. When Mynatt learned that defendant had stolen the gun, he insisted that defendant take it back and instead pay money for the drugs. A few weeks later, Mynatt and Johnsen took defendant from his apartment to Johnsen’s house. Mynatt made him stay there overnight until defendant agreed to pay Mynatt and to sell methamphetamine for him. Mynatt threatened to kill defendant if he did not agree. On April 11, 1991, Brian Johnsen was arrested during a drug raid and spent five days in custody. He was arrested because drugs were found under a couch at his house. Some of the drugs belonged to defendant, but defendant did not admit they were his. Johnsen felt that defendant owed him something because of this incident, and defendant agreed to compensate Johnsen with marijuana. In late April 1991, Brian Johnsen made Teresa Holloway move out of the house they had shared because of her continuing drug use, and he offered to let Doug Mynatt remain in the house on a more permanent basis as his roommate. Holloway approached Thomas Carnahan, who agreed to let her live in his apartment temporarily. He did not give her a key, and he insisted that she either be in the apartment by 11:00 p.m. or telephone him before that time to let him know when she would be arriving. On May 6, 1991, Brian Johnsen began serving a 14-day jail sentence for driving with a suspended license. Doug Mynatt continued to live in Johnsen’s house. Defendant still owed Mynatt money. On May 13, 1991, during a telephone conversation, Denise Shigemura told Brian Johnsen (who was still in custody) that Doug Mynatt had stolen her purse, which contained $80, a key to the business where she was then working, and the combination to the business’s safe. According to Shigemura, Mynatt admitted taking the purse and said he did it because he suspected Shigemura of stealing $450 from him. Shigemura seemed very upset about the incident and was worried about what Mynatt might do with the business key and the safe combination. During this conversation, defendant phoned Shigemura, and a three-way conversation ensued between defendant, Shigemura, and Johnsen, during which they discussed possibly killing Mynatt. They were worried about potential retaliation, however, because Mynatt had claimed to have a friend who was affiliated with the Hell’s Angels. They agreed to discuss the matter further the next day. They decided not to tell Teresa Holloway about the plan to kill Mynatt because of concern that she would reveal it to the police. On the same day, Monday, May 13th, defendant telephoned David Colson, with whom he had used methamphetamine, and he asked to borrow a shotgun. Defendant said he “needed to do somebody up,” which Colson understood to mean that defendant intended to kill someone. Colson told defendant that he did not own a shotgun, although his brother did, and he gave defendant his brother’s telephone number. Defendant called Colson’s brother and asked to borrow his shotgun, saying he “had a job to do,” but the brother refused to lend the shotgun to defendant. Around the same time, Denise Shigemura asked Steven Baldwin if he could get her a “gat” (a slang term for a gun). Shigemura explained that she had a problem she needed to take care of. Baldwin told her he could not help her with her problem. On Tuesday, May 14th, Brian Johnsen telephoned his house from the county jail and spoke to Denise Shigemura. They decided to contact defendant so the three of them could discuss what to do about Doug Mynatt. Johnsen telephoned Anna Humiston’s house and spoke briefly to defendant about the plan to kill Mynatt. Defendant said he was still deciding whether to go through with it. Later on the same day, Tuesday, May 14th, Holloway was at the apartment complex where defendant lived. Larissa Slusher and Ted Meier managed the complex, and they occupied an apartment next to defendant’s. Slusher had known Teresa Holloway as a casual acquaintance for seven or eight months. Holloway asked Meier if she could spend the night in their apartment, because it was after 11:00 p.m., and she had been locked out of the apartment where she had been staying. Meier agreed. The next morning, Holloway left the apartment around 8:00 or 9:00 a.m., taking with her a dress that Slusher had loaned her. Before she left, Holloway said she would return later that day, May 15th, but she never did. On Wednesday evening, May 15th, Brian Johnsen telephoned Mark Schmidt and asked him to bring defendant and Denise Shigemura to Schmidt’s house so he could talk to them. Schmidt ran about two and a half blocks to defendant’s apartment, where he found Teresa Holloway and Shigemura with defendant. Anna Humiston arrived in a blue Geo Metro while Schmidt was speaking to defendant. Defendant agreed to take Johnsen’s call, and he came to Schmidt’s apartment in Humiston’s car with Humiston, Shigemura, and Holloway. At 8:17 p.m. that evening, Brian Johnsen telephoned Schmidt’s apartment. Schmidt answered and passed the phone to Shigemura, who said she was still unsure about the plan to kill Mynatt. Defendant then got on the phone and told Johnsen that he could not wait and that it (meaning the killing of Mynatt) would probably happen before Johnsen was released from jail. Johnsen said that was fine with him. Teresa Holloway then got on the phone and asked whether there was a plan to kill Mynatt. Johnsen told her not to get involved. While Teresa Holloway was speaking on the telephone to Brian Johnsen, defendant had a “forceful talk” with Anna Humiston; he seemed angry about something; she seemed both angry and scared. Defendant then asked Schmidt for a chain that defendant could use to tie up Johnsen’s motorcycle so Doug Mynatt could not steal it. Schmidt offered defendant an 18-inch length of plastic weed-eater cord. Defendant wrapped the cord around his own neck, with one end in each fist clenched at shoulder height. He said: “It will do.” Denise Shigemura needed to return to her halfway house by 9:00 p.m. At defendant’s request, Schmidt told Holloway to get off the phone because he needed to leave the apartment. They all left Schmidt’s apartment around 8:45 p.m. At 9:31 p.m., defendant telephoned Christie Medlin at her apartment. He told her that he was stranded and needed a ride, and that he was calling from a 7-Eleven store. Medlin asked David Silva, her boyfriend, to pick up defendant and his friends. Silva found defendant with Denise Shigemura and Anna Humiston at the 7-Eleven store at Spruce and Fifth Streets. He drove them to Medlin’s apartment; when they arrived, Humiston was holding her stomach and appeared to be ill; she told Medlin she had an upset stomach. Defendant seemed bothered by something, and Shigemura seemed agitated. Noticing what appeared to be blood on defendant’s socks, Medlin asked him what had happened. Defendant said he “got into a fight.” Humiston used Medlin’s telephone to call her father to tell him that the blue Geo Metro had broken down. Silva drove Humiston home. Medlin then drove defendant and Shigemura to defendant’s apartment. On Thursday morning, May 16th, around 9:30, a tow truck driver met defendant, Anna Humiston, and Denise Shigemura on Highway 163 near the Quince Street Bridge, where the blue Geo Metro was parked. The driver towed the car to the apartment complex where defendant lived. He observed nothing unusual about their demeanor. Humiston signed the towing receipt. On the afternoon of the same day, Thursday, May 16th, defendant and Denise Shigemura went to David Silva’s apartment, and the three shared pizza and beer. Shigemura asked defendant and Silva to “bruise her up” so she could say she had been beaten and would have an excuse for not returning to her halfway house the previous night. Defendant and Silva then hit Shigemura with their fists. When defendant and Shigemura later went to Mark Schmidt’s apartment, Shigemura removed her shirt to show Schmidt the bruises on her chest and arms. She told Schmidt that she had been “jumped” the previous night. During the same day, defendant and Denise Shigemura went to Steven Baldwin’s house with Mark Schmidt. They sat in the living room, with Baldwin and Schmidt on one couch, defendant and Shigemura on another. Shigemura said to Baldwin: “I no longer need what it was I asked you for. We took care of the problem and we dumped the body at Balboa Park.” Defendant said nothing; his face had what Baldwin described as an “empty look.” On Friday morning, May 17th, Joseph Hedley experienced engine trouble as he was driving a van on Highway 163 through Balboa Park. He parked the van beside the freeway and began walking to a telephone call box about 100 yards away. As he neared the call box, he noticed a human foot protruding from a culvert that ran beneath the freeway. Approaching closer, he saw a woman’s body inside the culvert, where it was not visible to persons traveling on the freeway. He called to her but received no response. Using the call box, Hedley reported what he had seen. Police officers arrived 15 minutes later and found that the body was Teresa Holloway’s. During the autopsy of Teresa Holloway’s body, Mark A. Super, a deputy medical examiner employed by the San Diego County Medical Examiner’s Office, saw many injuries on the face, torso, and extremities. Contusions and abrasions were on the chest and on both legs and both arms, with the right hand being particularly bruised and swollen. Some of the abrasions showed clusters of short parallel linear marks suggesting they were made by an object with threads. There were many bruises and abrasions on the neck, including some marks that could have been made by ligature or manual strangulation. The hyoid bone was fractured and there were hemorrhages in the eyeballs; both of these findings were consistent with strangulation. There was a bite mark in the center of the back. The most extensive injuries were to the face and head. The jaw and all the facial bones were fractured and some had caved in. There were many deep lacerations on the scalp, and the skull was fractured. In Super’s expert opinion, a scissor jack had “all the characteristics that one would expect” in the weapon that inflicted the injuries he observed. The cause of death was “blunt force head injuries and strangulation.” On Friday evening, May 17th, James R. Manis, a sergeant with the San Diego Police, found defendant with Anna Humiston outside defendant’s apartment complex. He told defendant he was investigating the death of Teresa Holloway. Defendant said that he knew Holloway, that he had last seen her about three days before at a party at the house of a man named Mark, that she was a drug user who owed money to drug dealers, and that he did not trust her because she had stolen from him. Defendant led Sergeant Manis to Holloway’s car, which was parked about three or four blocks from defendant’s apartment. On Saturday morning, May 18th, defendant and Anna Humiston arrived at David Silva’s apartment in a new car that Humiston’s parents had just given her. They then drove to defendant’s apartment, where Sergeant Manis arrested them. Later that day, Sergeant Manis found a scissor jack in a tree midway between the place where Teresa Holloway’s body was found and the 7-Eleven store at the comer of Spruce and Fifth Streets where David Silva had found defendant, Shigemura, and Humiston on the night of the murder. The jack was covered with red stains and had hair attached to it. Denise Shigemura was arrested on the same day. After his arrest, defendant made telephone calls from the jail to Brian Johnsen, Christie Medlin, and David Silva. When Johnsen asked defendant why he had killed Teresa Holloway, defendant said it had to be done. To Medlin, defendant sang “On, on, that bitch is gone.” According to Medlin’s trial testimony, defendant said “something like he doesn’t really care if he has to spend the rest of his life paying for this, the bitch is gone.” When Silva asked defendant about Holloway’s death, defendant told him that Holloway was killed in a car, that he had been sitting in the backseat with Humiston while Shigemura was driving and Holloway was sitting in the front passenger seat, and that an argument “got out of hand.” Around May 19th, Larissa Slusher saw the dress she had loaned Teresa Holloway in a dumpster about 100 feet from defendant’s apartment. With the dress were Holloway’s purse, her wallet, her identification papers, photographs of her daughter, a sandal that matched one found at the murder scene, and a pair of shoes belonging to defendant. Gary Mark Dorsett, an evidence technician for the San Diego Police Department Crime Lab, examined the blue Geo Metro. He collected samples of red stains from the front passenger seat cover and seatbelt harness and from the rear floorboard carpet on the passenger side. There was no jack in the car. Norman Donald Sperber, a forensic dentist, compared the bite mark on Holloway’s back with dental impressions from defendant, Denise Shigemura, and Anna Humiston. In Sperber’s opinion, defendant’s teeth were “highly consistent” with the bite mark, but neither Shigemura nor Humiston could have made it. At trial, as part of the prosecution’s case, the parties stipulated to the results of blood analysis. The blood on the scissor jack and on the rear floorboard of the blue Geo Metro was consistent with Teresa Holloway’s blood, but inconsistent with the blood of defendant, Denise Shigemura, and Anna Humiston. Blood on the sandal and purse found in the dumpster, and on the front passenger seat cover of the blue Geo Metro, was consistent with the blood of all four of these individuals. The parties also stipulated to the results of hair comparison analysis. Ten of the hairs found in Teresa Holloway’s hand were consistent with the hair of Anna Humiston but not with the hair of defendant, Denise Shigemura, or Teresa Holloway. Four of the hairs were consistent with the hair of both Humiston and Holloway, but not with the hair of defendant or Shigemura, and three of the hairs were inconsistent with Humiston’s hair and were not compared to the hair of defendant, Shigemura, or Holloway. B. Defense Case at the Guilt Phase After defendant’s arrest, Brian Johnsen went to the house of Josephine Jurado, defendant’s mother, and knocked on the door of her house one night around 9:30. Without opening the door, she asked Johnsen who he was and what he wanted. Johnsen said he wanted a helmet he had lent to defendant. She told him she did not have the helmet and did not know where it was, but Johnsen would not leave. She was frightened because she knew that Teresa Holloway had been Johnsen’s girlfriend and that defendant had been charged with her murder. Johnsen eventually left after defendant’s mother telephoned the police. On May 19, 1991, during a 10-minute interview, San Diego Police Officer David Swiskowski asked Mark Schmidt to describe what happened at Schmidt’s apartment on the evening of May 15, 1991, before Teresa Holloway’s murder, but Schmidt’s replies were vague and evasive. Schmidt said that defendant, Holloway, Anna Humiston, and Denise Shigemura came to his apartment that evening around 8 o’clock, and that he received a phone call from Brian Johnsen. Schmidt told Swiskowski that he gave the phone to defendant, and that defendant and Holloway were alone in his bedroom with the phone for about 10 minutes. Schmidt did not say anything to Swiskowski about having to leave the apartment, or making up a story about having to leave the apartment, or that defendant put a cord around his neck. On the same day, May 19th, during an interview that lasted 10 to 15 minutes, David Silva told Officer Swiskowski that defendant had called him from jail after being arrested for Teresa Holloway’s murder. Silva told Swiskowski that during that conversation defendant did not talk about the murder except to say that he had been charged with it. Silva did not tell Swiskowski that defendant said Holloway was killed because she was a snitch, nor did Silva say that defendant had described where persons were seated in Humiston’s car before or during the murder. On September 10, 1991, Tony Bento, an investigator for the San Diego District Attorney, interviewed David Silva for around 25 minutes. During the interview, Silva said he had talked to defendant on several occasions after defendant’s arrest, and that defendant had always denied killing Teresa Holloway and never said that she had been killed because she had overheard a conversation, or that she was killed because an argument got out of hand. At the end of the interview, however, Silva mentioned a conversation with defendant before Holloway’s death during which defendant had said that Holloway had overheard something and she “was going to snitch him off about something.” On September 16, 1991, Tony Bento interviewed Brian Johnsen for at least an hour, during which Johnsen said that after defendant’s arrest, defendant called and told him to stay away from defendant’s family or “the same thing would happen to them.” Bento understood “them” as a reference to Johnsen and his Mends. In this interview, Johnsen never said that defendant told him that Terry Holloway was killed because it had to be done. Johnsen also told Bento that he had discussed with Jeffrey Latimer the plan to kill Doug Mynatt. Jeffrey Latimer was a childhood friend of Brian Johnsen’s and through him met defendant and Doug Mynatt. Latimer testified that he never discussed with Johnsen a plan to kill Mynatt, and that to his knowledge Johnsen had “never really been honest” and “was always the crook and the thief.” In 1991, Richard Whalley, a forensic scientist and toxicologist, arranged to have a private laboratory retest the urine sample taken from defendant after his arrest. The urine was found to contain methamphetamine at a very low level (130 nanograms) that would not have caused any effect but which suggested that defendant had probably used methamphetamine during the previous two to four days. In January 1992, Marion Louise Pasas, a licensed private investigator whom Anna Humiston’s attorney had retained, interviewed Christie Medlin at her apartment. Medlin told Pasas that after Teresa Holloway’s murder defendant had called Medlin from jail on one occasion, but during that conversation defendant did not talk about the murder. Medlin did not tell Pasas that defendant said he was glad Holloway was dead or that he said he did not care whether he spent the rest of his life in jail or in prison. C. Prosecution’s Penalty Phase Case in Aggravation Before August 1988, while defendant was living with his mother and his sister in an apartment in San Marcos, he once became highly agitated and upset, pushed his mother slightly against a bed, and spit in her face. Another incident occurred later while defendant was living with his mother and sister in a house in San Diego. On this occasion, defendant came home very upset after having broken up with his girlfriend, threatened to obtain weapons and shoot up the house, threatened to kill his mother, and advanced toward her with a raised hand as if to strike her. Defendant’s friends restrained him and took him outside. When defendant’s sister tried to telephone the police, defendant grabbed the phone from her hand. After this incident, in December 1989, defendant’s mother applied for a restraining order to have him removed from her house. In October 1990, defendant was convicted of felony possession of marijuana for sale. In May 1991, during the autopsy of Teresa Holloway’s body, she was found to have been pregnant. The fetus, which was around 17 weeks old, was too young and too small to have survived outside the womb, but it showed no evidence of traumatic injury or other condition that would have precluded its survival to full term and birth had Holloway not died. Some weeks before her death, Holloway had told defendant that she was pregnant, but defendant did not believe her. Holloway said she was planning to get a pregnancy test and that when she got the test result she would show it to defendant to prove she was pregnant. On July 21, 1991, Steven Baldwin was booked into the county jail for a probation violation. As a deputy was escorting him to a holding tank, defendant, who was inside the tank, saw him and said to another inmate: “I know that dude. He’s the reason I’m in here. He told the cops I killed that bitch.” After the deputy had placed Baldwin in the tank, an inmate named Richard Janssen, whom Baldwin did not know, approached him and struck him. Baldwin was then hit several times, from different directions, on the back of the head and the side of the face. Defendant did not strike him, but when the beating stopped, defendant came out of a side cell and told Baldwin: “You can’t be in this cell. You got to roll up out of this cell.” Baldwin lost consciousness, and the next thing he remembered was being outside the tank on a gurney. As a result of the beating, Baldwin suffered injuries to the left side of his face, including bruising and swelling both above and below the eye, a laceration below the eye, and a nondisplaced fracture of the malar bone. On September 5, 1993, a fight broke out among inmates in module 5-B of the county jail in San Diego. Deputies arriving at the module observed 15 to 20 Hispanic inmates on one side of the module faced off against eight to 10 Black inmates on the other side of the module. The inmates were yelling and throwing things back and forth, and some inmates had bloodstained towels wrapped on their arms. Defendant was in the group of Hispanic inmates and was one of at least four inmates holding metal bars, 12 to 18 inches in length and one-quarter inch in diameter, that had been removed from inmate bunks. The inmates were slamming these bars against bunks and making stabbing motions with them toward Black inmates, although defendant was not seen to strike anyone. After the inmates were removed, the deputies found many items that could be used as weapons scattered throughout the module, including 13 metal bars, seven wooden mop handle pieces, two razors, one razor blade attached to a comb, three wooden window grate pieces, and two socks containing soap bars. Teresa Holloway’s murder deeply affected her parents, James and Joan Cucinotta, and her daughter, who at the time of Teresa Holloway’s death was four years old and lived with her father. After the daughter learned of her mother’s death, she became sad and withdrawn and cried a lot. She often said: “I want my Mommy, I want my Mommy.” A police detective came to the home of James and Joan Cucinotta to tell them of Teresa Holloway’s death. At first Joan could not accept it; she was very upset and angry, and she tried to hit the detective. When he said they had identified Teresa Holloway’s body through fingerprints, Joan fell apart and became hysterical. Some friends and family came over to be with her. That night and for days afterwards, she was unable to eat or sleep. She just cried and smoked cigarettes. She was unable to deal with making the funeral arrangements or telephoning relatives, so James Cucinotta did those things. James Cucinotta, Terry Holloway’s father, was also seriously affected by her murder. At the time of her death, he worked in law enforcement as an investigator, but within two weeks after learning of the murder, he lost his job because he was no longer able to function. He began drinking heavily until eventually he went into a treatment center. He and his wife Joan both received treatment from psychiatrists for their grief. The murder also deeply affected their two other children, Teresa Holloway’s brother and sister, and family holidays became very painful. At the time of his testimony, more than four years after Teresa Holloway’s death, James Cucinotta and his wife continued to visit Teresa’s grave every week. Joan Cucinotta sometimes took Teresa’s daughter to the grave. D. Defense Penalty Phase Case in Mitigation Calvin Bruce was one of the inmates in module 5-B of the county jail in San Diego on September 5, 1993. He was talking on the phone to his wife when he saw two inmates, one Black and the other Hispanic, have a confrontation that became physical and resulted in a face-off between groups of Black and Hispanic inmates during which inmates in both groups wielded and threw metal pipes. According to Bruce, defendant was not one of the original combatants, he did not have any weapon in his hand during the incident, and he tried unsuccessfully to persuade other inmates to stop the fighting. Defendant’s parents—Robert Jurado, Sr., and Josephine Jurado—married in 1968. Defendant was bom in June 1970, and his sister Oralia in November 1973. At that time, the family lived in Los Banos. Once, when he was around four years old, defendant saw his father hit his mother. Defendant ran up to his mother and hugged her. In 1973, defendant’s parents separated, and defendant began to experience “tremendous headaches that would make him cry a lot.” He also developed a fear of sleeping in the dark, and he became more rebellious with his mother. After the separation, defendant’s father saw his children no more than once or twice a year. In 1977, defendant’s parents finalized their divorce. In 1984, defendant’s mother moved to San Diego. His father never went there to visit, and he telephoned very seldom. Around 1985, defendant’s father remarried. In 1986, defendant’s grades began to fail and he began to use drags. In 1987 or 1988, defendant’s mother placed him in a drug treatment program. When he learned that defendant was using illegal drugs, defendant’s father cut all ties with defendant. Around this time, a psychiatrist told defendant’s mother that defendant was suicidal and needed to be hospitalized right away. When defendant’s mother telephoned his father to get some insurance papers to cover defendant’s hospitalization, defendant’s father said something to the effect that it might be better if defendant did commit suicide. Defendant’s father testified that he had seen defendant once since his arrest and could now form a relationship with him because defendant was no longer using drugs. Before moving to San Diego with his mother in 1984, defendant had close relationships with his aunt, Patricia Camacho, and his two grandmothers, Josefina Martinez and Paz Jurado. They each testified that they love defendant very much and intended to visit him in prison. Defendant’s mother and his sister Oralia both testified that they love defendant very much, that they had visited defendant weekly since his arrest, and that they intended to continue visiting him in prison. II. Pretrial and Jury Selection Issues A. Double Jeopardy The District Attorney of San Diego County filed an amended information charging defendant with murder (§ 187) and conspiracy to commit murder (§§ 182, 187), and alleging a lying-in-wait special circumstance (§ 190.2, subd. (a)(15)) making defendant eligible for the death penalty. Defendant filed a motion under section 995 to set aside the conspiracy count and the lying-in-wait special-circumstance allegation on the ground that they were not adequately supported by the evidence presented at the preliminary hearing. The prosecution filed written opposition to the motion, and the trial court, after a hearing, denied the motion to dismiss as to the conspiracy count, but the court granted the motion as to the special circumstance allegation. Immediately after the court made its ruling dismissing the special circumstance allegation, defendant announced his intention to plead guilty to the remaining charges. The prosecutor stated that his office might seek appellate review of the ruling setting aside the special circumstance by petitioning the Court of Appeal for a writ of mandate, and that for this reason he would not sign the change of plea form if defendant pled guilty to the remaining charges. Defendant then withdrew his previous not-guilty pleas and pled guilty to the remaining charges. To challenge the ruling setting aside the special circumstance allegation, the prosecution petitioned the Court of Appeal for a writ of mandate. (See People v. Superior Court (Jurado) (1992) 4 Cal.App.4th 1217 [6 Cal.Rptr.2d 242].) The Court of Appeal stayed defendant’s sentencing hearing, which had been scheduled for December 23, 1991. In his opposition to the writ petition, defendant argued that because he had already pled guilty to the remaining charges, any further prosecution of the special circumstance allegation would violate the double jeopardy clauses of the federal and state Constitutions (U.S. Const., 5th Amend.; Cal. Const., art. I, § 15), and for this reason the special circumstance allegation could not be reinstated even if the trial court had erred in dismissing it. (See People v. Superior Court (Jurado), supra, at p. 1229.) The Court of Appeal held that the trial court had erred in dismissing the special circumstance allegation under section 995 (People v. Superior Court (Jurado), supra, 4 Cal.App.4th at p. 1229) and also that there was no double jeopardy bar to reinstatement and prosecution of the special circumstance allegation (id. at pp. 1235-1236). In granting the petition for writ of mandate, the Court of Appeal directed the trial court to enter a new order denying defendant’s section 995 motion in its entirety, thereby reinstating the special circumstance allegation. (People v. Superior Court (Jurado), supra, at p. 1236.) This court denied defendant’s petition for review. (Ibid.) Defendant then withdrew his guilty pleas, pled not guilty to the charges, and denied the special circumstance allegation. Defendant here raises the same double jeopardy issue he raised unsuccessfully in opposing the prosecutor’s pretrial writ petition in the Court of Appeal. The Attorney General argues that defendant’s claim is barred by the law of the case doctrine. Under the doctrine of the law of the case, a principle or rule that a reviewing court states in an opinion and that is necessary to the reviewing court’s decision must be applied throughout all later proceedings in the same case, both in the trial court and on a later appeal. (People v. Turner (2004) 34 Cal.4th 406, 417 [20 Cal.Rptr.3d 182, 99 P.3d 505); People v. Barragan (2004) 32 Cal.4th 236, 246 [9 Cal.Rptr.3d 76, 83 P.3d 480]; People v. Stanley (1995) 10 Cal.4th 764, 786 [42 Cal.Rptr.2d 543, 897 P.2d 481].) We apply the doctrine even in death penalty cases, and even when the previous decision was rendered by a Court of Appeal, but we do not apply it when an intervening decision has altered or clarified the controlling rules of law, or when the rule stated in the prior decision was a “ ‘manifest misapplication’ of the law resulting in ‘substantial injustice.’ ” (People v. Stanley, supra, at p. 787; accord, People v. Gray (2005) 37 Cal.4th 168, 197 [33 Cal.Rptr.3d 451, 118 P.3d 496].) Defendant argues that both of the recognized exceptions to the doctrine of the law of the case—intervening change in the law and manifest misapplication of existing legal principles resulting in substantial injustice—are present here. To evaluate his arguments, we begin by reviewing the Court of Appeal’s decision. The Court of Appeal framed the issue this way: “Jurado’s response to the People’s petition presents the question of whether the prejeopardy dismissal of the special circumstance allegation pursuant to Jurado’s motion under section 995 and his immediate guilty plea without the concurrence of the prosecutor and before the prosecutor could seek pretrial review of that dismissal would result in a ‘second prosecution’ for the same offense after ‘acquittal’ or ‘conviction.’ ” (People v. Superior Court (Jurado), supra, 4 Cal.App.4th at pp. 1229-1230.) The court concluded, first, that dismissal of the special circumstance allegation under section 995 was a prejeopardy rather than a postjeopardy determination. (People v. Superior Court (Jurado), supra, at pp. 1230-1231.) The court concluded, second, that the lying-in-wait special circumstance was not “an added element which would create a greater offense out of the charged murder,” but instead was a “penalty enhancement.” (Id. at p. 1231.) Third, the court concluded, after distinguishing certain decisions that defendant cited, that this case “most closely resembles” Ohio v. Johnson (1984) 467 U.S. 493 [81 L.Ed.2d 425, 104 S.Ct. 2536] (Johnson). (People v. Superior Court (Jurado), supra, at p. 1233.) In Johnson, a defendant charged with four offenses arising from the same incident pled guilty to two of the offenses—involuntary manslaughter and grand theft—after which, on the defendant’s motion, the trial court dismissed the other two charges—murder and aggravated robbery—“on the ground that because of his guilty pleas, further prosecution on the more serious offenses was barred by the double jeopardy prohibitions of the Fifth and Fourteenth Amendments.” (Johnson, supra, 467 U.S. at p. 494.) The United States Supreme Court concluded, to the contrary, that “prosecuting [the defendant] on the two more serious charges would not constitute the type of ‘multiple prosecution’ prohibited by the Double Jeopardy Clause.” (Ibid.) The high court explained that the federal Constitution’s double jeopardy clause protects against (1) a second prosecution for the same offense after acquittal or conviction and (2) multiple punishment for the same offense. (Johnson, supra, 467 U.S. at p. 498.) The bar against a subsequent prosecution after acquittal or conviction “ensures that the State does not make repeated attempts to convict an individual, thereby exposing him to continued embarrassment, anxiety, and expense, while increasing the risk of an erroneous conviction or an impermissibly enhanced sentence,” while the bar against multiple punishment for a single offense “is designed to ensure that the sentencing discretion of courts is confined to the limits established by the legislature.” (Id. at pp. 498-499.) The court concluded that the issue of multiple punishment was not yet presented because the defendant had never been tried for, convicted of, or sentenced for the more serious offenses of murder and aggravated robbery. (Id. at pp. 499-500.) “While the Double Jeopardy Clause may protect a defendant against cumulative punishments for convictions on the same offense, the Clause does not prohibit the State from prosecuting respondent for such multiple offenses in a single prosecution.” (Id. at p. 500.) The court also rejected the argument that further prosecution of the murder and aggravated robbery charges would violate the double jeopardy prohibition against successive prosecutions: “No interest of respondent protected by the Double Jeopardy Clause is implicated by continuing prosecution on the remaining charges brought in the indictment. Here respondent offered only to resolve part of the charges against him, while the State objected to disposing of any of the counts against respondent without a trial. . . . There simply has been none of the governmental overreaching that double jeopardy is supposed to prevent. On the other hand, ending prosecution now would deny the State its right to one full and fair opportunity to convict those who have violated its laws.” (Johnson, supra, 467 U.S. at pp. 501-502.) Here, the Court of Appeal rejected defendant’s attempts to distinguish Johnson, supra, 467 U.S. 493. Defendant argued that the prosecutor here did not sufficiently object to defendant’s guilty pleas. As the Court of Appeal pointed out, however, the prosecutor advised the trial court that his office might seek appellate review of the dismissal of the special circumstance allegation, and the trial court advised defendant of the possibility that the special circumstance would be reinstated. (People v. Superior Court (Jurado), supra, 4 Cal.App.4th at pp. 1234—1235.) The Court of Appeal concluded: “Jurado was never in jeopardy for the special circumstance, nor was he ever convicted or acquitted of that charge. Since the special circumstance is not in a lesser- or greater-offense relationship to the murder, there is no reason to allow Jurado’s tactical maneuver to deny the People the right to a trial on the merits of that allegation.” (Id. at pp. 1235-1236.) Defendant argues, first, that the United States Supreme Court’s decision in Ring v. Arizona (2002) 536 U.S. 584 [153 L.Ed.2d 556, 122 S.Ct. 2428], constitutes an intervening change in the law establishing that a special circumstance making a defendant eligible for the death penalty is the functional equivalent of an element of a greater offense of capital murder. We need not decide whether defendant is correct that a special circumstance is, for double jeopardy purposes, the functional equivalent of an element of a greater offense. Even if that is true, and the Court of Appeal erred in stating otherwise, it does not assist defendant because it is not a basis for distinguishing Johnson, supra, 467 U.S. 493. There, the high court accepted the Ohio Supreme Court’s determination that the defendant could not be convicted of both murder and involuntary manslaughter for the same killing, but it nonetheless concluded that a guilty plea to involuntary manslaughter did not bar prosecution for murder under the facts of that case. (Johnson, supra, 467 U.S. at pp. 496-497 & fn. 6.) So also here, for purposes of double jeopardy analysis under the facts shown, it makes no difference whether a special circumstance is or is not an element, or the functional equivalent of an element, of a greater offense. Defendant’s second argument is that Johnson, supra, 467 U.S. 493, is distinguishable, and that the Court of Appeal’s reliance on that decision was a manifest misapplication of the law, because unlike the defendant in Johnson, he pled guilty to all charges then pending against him and the prosecutor openly and actively participated in the taking of these pleas. We are unpersuaded that these slight differences are significant. The prosecution charged defendant with murder with a special circumstance allegation, it timely sought review of the trial court’s erroneous dismissal of the allegation, and it did not acquiesce in defendant’s guilty plea to the murder charge. The prosecutor’s participation in the taking of the guilty plea, primarily in the form of insisting that an adequate factual basis be demonstrated, was not an “effort to prosecute the charges seriatim” (Johnson, supra, 467 U.S. at p. 500, fn. 9) and did not pose the risks that the successive prosecution aspect of the double jeopardy bar was intended to guard against—“repeated attempts to convict an individual, thereby exposing him to continued embarrassment, anxiety, and expense, while increasing the risk of an erroneous conviction or an impermissibly enhanced sentence” (id. at pp. 498-499). As in Johnson, there was “none of the governmental overreaching that double jeopardy is supposed to prevent,” and imposing a double jeopardy bar “would deny the State its right to one full and fair opportunity to convict those who have violated its laws.” (Id. at pp. 501-502.) Because defendant has not shown that the Court of Appeal’s decision rejecting his double jeopardy claim was a manifest misapplication of the law, that it resulted in substantial injustice, or that there has been an intervening change in the controlling law, the Court of Appeal’s decision is the law of the case on that issue. B. Vindictive Prosecution On July 6, 1992, after the Court of Appeal’s decision reinstating the special circumstance allegation became final, the prosecutor announced that his office had decided to seek the death penalty against defendant. On August 20, 1992, defendant filed a motion to bar the prosecutor from seeking the death penalty on the ground that the decision to do so was vindictive. On September 4, 1992, the prosecutor filed written opposition to the motion, and on September 11, 1992, defendant withdrew his guilty pleas and entered pleas of not guilty. Also on September 11, 1992, the trial court denied the motion alleging vindictive prosecution. Defendant now claims the trial court erred in so ruling. “Absent proof of invidious or vindictive prosecution, as a general matter a defendant who has been duly convicted of a capital crime under a constitutional death penalty statute may not be heard to complain on appeal of the prosecutor’s exercise of discretion in charging him with special circumstances and seeking the death penalty.” (People v. Lucas (1995) 12 Cal.4th 415, 477 [48 Cal.Rptr.2d 525, 907 P.2d 373].) But the due process clauses of the federal and state Constitutions (U.S. Const., 5th & 14th Amends.; Cal. Const., art. I, §§ 7, 15) forbid the prosecution from taking certain actions against a criminal defendant, such as increasing the charges, in retaliation for the defendant’s exercise of constitutional rights. (United States v. Goodwin (1982) 457 U.S. 368, 372 [73 L.Ed.2d 74, 102 S.Ct. 2485]; In re Bower (1985) 38 Cal.3d 865, 880, fn. 7 [215 Cal.Rptr. 267, 700 P.2d 1269].) It is not a constitutional violation, however, for a prosecutor to offer benefits, in the form of reduced charges, in exchange for a defendant’s guilty pleas, or to threaten to increase the charges if the defendant does not plead guilty. (Bordenkircher v. Hayes (1978) 434 U.S. 357, 365 [54 L.Ed.2d 604, 98 S.Ct. 663]; see People v. Collins (2001) 26 Cal.4th 297, 309, fn. 4 [109 Cal.Rptr.2d 836, 27 P.3d 726].) In the pretrial setting, there is no presumption of vindictiveness when the prosecution increases the charges or, as here, the potential penalty. (United States v. Goodwin, supra, at pp. 381-382; People v. Michaels (2002) 28 Cal.4th 486, 515 [122 Cal.Rptr.2d 285, 49 P.3d 1032].) Rather, the defendant must “prove objectively that the prosecutor’s charging decision was motivated by a desire to punish him for doing something the law plainly allowed him to do.” (United States v. Goodwin, supra, at p. 384, fn. omitted; People v. Michaels, supra, at p. 515.) The only evidence defendant submitted to the trial court to prove his claim of vindictive prosecution was a declaration by his trial attorney recounting certain events leading up to the prosecutor’s announcement of the decision to seek the death penalty. On August 16, 1991, when defendant was arraigned on an information charging him with the murder of Teresa Holloway and alleging the special circumstance of lying in wait, the prosecutor, Deputy District Attorney Mark Pettine, announced that his office was not seeking the death penalty. On October 11, 1991, an amended information was filed adding the charge of conspiracy to commit murder. On November 15 to 19, 1991, Brian Johnsen testified at a conditional examination, describing how he and defendant had discussed a plan to kill Doug Mynatt and how defendant later admitted killing Teresa Holloway because “it had to be done.” Two days later, on November 21, the trial court dismissed the special circumstance allegation and defendant pled guilty to the remaining charges. The prosecution then challenged the dismissal of the special circumstance allegation by petitioning the Court of Appeal for a writ of mandate. In late March or early April of 1992, after the Court of Appeal had granted the petition, but before its decision had become final, Deputy District Attorney Pettine told defendant’s trial attorney that if defendant withdrew his guilty pleas, Pettine would talk to the district attorney about whether to seek the death penalty, but if defendant did not withdraw the guilty pleas it was likely that the death penalty would not be sought. A few weeks later, however, Pettine advised defense counsel that he intended to discuss the death penalty with the district attorney whether or not defendant withdrew his guilty pleas, but he implied that the death penalty might not be sought if defendant admitted the special circumstance allegation. On July 6, 1992, at a hearing in superior court to discuss the status of the case, after defense counsel announced that this court had denied defendant’s petition for review of the Court of Appeal’s decision reinstating the special circumstance allegation, Deputy District Attorney Pettine stated that he had again met with the district attorney, who had decided to seek the death penalty against defendant, and that he had immediately advised defense counsel of that decision. Like the trial court, we see in this sequence of events no evidence that the prosecution’s decision to seek the death penalty against defendant was motivated by a desire to punish defendant for making the motion to dismiss the special circumstance allegation under section 995, for pleading guilty and attempting to assert a double jeopardy bar, for opposing the prosecution’s writ petition in the Court of Appeal, or for petitioning this court to review the Court of Appeal’s decision. Although the discussions between Deputy District Attorney Pettine and defense counsel suggest that the decision to seek the death penalty may have been influenced to some extent by defendant’s decision to deny the special circumstance allegation, this was not an impermissible consideration. (Bordenkircher v. Hayes, supra, 434 U.S. at p. 365; People v. Collins, supra, 26 Cal.4th at p. 309, fn. 4.) Defendant argues, in substance, that the prosecution’s decision to seek the death penalty against defendant must have been motivated by a desire to punish him for challenging the validity of the special circumstance allegation through his section 995 motion because nothing else of significance occurred between August 16, 1991, when the prosecutor said his office was not seeking the death penalty, and July 6, 1992, when the prosecutor said it was. We disagree. In September 1991, Brian Johnsen told prosecution investigators of defendant’s involvement in a plan to kill Doug Mynatt; in November 1991, the prosecutor conditionally examined Brian Johnsen and assessed the credibility of his testimony; and, in early 1992, at Anna Humiston’s trial for the murder of Teresa Holloway, the prosecution had an opportunity to assess the strength of its case. These events could well have caused the prosecution to reassess its decision about the appropriate penalty in this case. Defendant argues that Brian Johnsen’s information could not have been significant because the prosecution did not decide to seek the death penalty until many months after receiving that information. We disagree. Because of its concerns for the safety of Brian Johnsen and Doug Mynatt, the prosecution decided to conditionally examine Johnsen immediately after disclosing the information obtained from him. Two days after that conditional examination ended, the trial court dismissed the special circumstance allegation. It was only months later that the special circumstance was reinstated, and the prosecution then immediately reassessed its decision and announced its intention to seek the death penalty. Thus, the actual window of time for the prosecution to act on Brian Johnsen’s information was not many months, as defendant asserts, but only a few days. No inference of improper motive arises from the prosecution’s failure to act during this'brief period. Moreover, the decision to seek the death penalty ultimately did not rest on Johnsen’s information alone, but also on the prosecution’s opportunity to preview its case at the Humiston trial, including the testimony of Denise Shigemura. Because defendant did not present evidence of a vindictive motive for the prosecution’s decision to seek the death penalty, the trial court did not err in denying defendant’s motion to bar the prosecution from seeking that penalty. C. Voir Dire Procedures In Hovey v. Superior Court (1980) 28 Cal.3d 1, 80 [168 Cal.Rptr. 128, 616 P.2d 1301], this court decided that in capital prosecutions the death-qualification portion of each prospective juror’s voir dire should be sequestered, meaning that it should be conducted out of the presence of other prospective jurors. This court did not hold that sequestered voir dire was constitutionally required; instead, we mandated this practice as a rule of procedure. (See People v. Vieira (2005) 35 Cal.4th 264, 286-287 [25 Cal.Rptr.3d 337, 106 P.3d 990]; People v. Cudjo (1993) 6 Cal.4th 585, 628 [25 Cal.Rptr.2d 390, 863 P.2d 635].) In 1990, however, the voters abrogated this aspect of Hovey by enacting Proposition 115, which added section 223 to the Code of Civil Procedure. That statute provides, in part, that “where practicable” the trial court must conduct voir dire “in the presence of the other jurors in all criminal cases, including death penalty cases.” (Code Civ. Proc., § 223.) The jury selection process in this case began with hardship screening, after which the remaining prospective jurors filled out a lengthy juror questionnaire. To comply with the statutory mandate that voir (fire occur in the presence of other jurors “where practicable” (Code Civ. Proc., § 223), the trial court decided to conduct voir dire, including questioning about the death penalty, with small groups of 10 prospective jurors. Before the voir dire of the first small group, the defense requested individual voir dire of five prospective jurors who, in the view of defense counsel, had “expressed very strong attitudes toward the death penalty” in their questionnaire responses. The trial court denied the request but stated that it would reconsider the matter based on the individual jurors’ answers during voir dire. Thereafter, however, the court agreed to separate or sequestered voir dire of prospective jurors whose questionnaire responses indicated strong opposition to the death penalty, and the court said that it would do the same if questionnaire responses indicated a bias in favor of the death penalty. The court followed this procedure during the remainder of the voir dire, providing sequestered death-qualification voir dire for any juror who had expressed particularly strong views about the death penalty, either for or against, in filling out the questionnaire, and inviting counsel to assist in identifying the prospective jurors for whom sequestered voir dire would be appropriate. After nearly 100 prospective jurors had been questioned on voir dire in this manner, and challenges for cause had been made and ruled upon, the jury selection process was completed by the exercise of peremptory challenges. The defense expressed satisfaction with the jurors selected, and they were sworn to try the case. Defendant contends that the trial court’s failure to conduct sequestered death-qualification voir dire—that is, to question each prospective juror on subjects relating to the death penalty out of the presence of other prospective jurors—violated his rights under the federal Constitution to due process, equal protection, jury trial, effective assistance of counsel, and a reliable penalty verdict, and his right under California law to individual juror voir dire when group voir dire is not practical. Insofar as defendant contends that the federal Constitution requires sequestered death-qualification voir dire of every prospective juror in a capital case, the claim has been frequently rejected by this court and is without merit. (People v. Stitely (2005) 35 Cal.4th 514, 536-537 [26 Cal.Rptr.3d 1, 108 P.3d 182]; People v. Vieira, supra, 35 Cal.4th at pp. 286-287; People v. Box (2000) 23 Cal.4th 1153, 1180 [99 Cal.Rptr.2d 69, 5 P.3d 130].) Insofar as defendant contends that the trial court violated his rights under the federal Constitution and under California law by failing to exercise its discretion to consider whether group voir dire was “practicable,” the record in this case does not support his claim. Rather, the trial court clearly understood it had discretion to order individual voir dire, and it did so for those jurors whose questionnaire responses suggested strong and possibly disqualifying views regarding imposition of the death penalty. The trial court did not abuse its discretion under Code of Civil Procedure section 223, nor did it violate defendant’s constitutional rights. (People v. Box, supra, 23 Cal.4th at pp. 1180-1181.) D. Batson/Wheeler Claim During jury selection, after the prosecution used its ninth peremptory challenge to excuse B.J., a Black woman, the defense made an objection under People v. Wheeler (1978) 22 Cal.3d 258 [148 Cal.Rptr. 890, 583 P.2d 748]. The trial court stated that it would hear argument on the objection at the next recess. The prosecution then used its 11th peremptory challenge against N.M., another Black woman. After the prosecutor had exercised 12 peremptory challenges and the defense had exercised 13 peremptory challenges, both sides expressed satisfaction with the jury as constituted, and the jurors were sworn to try the case. Alternate jurors were then selected and sworn. During the next recess, the defense presented argument on the Wheeler objection. Defense counsel stated that the objection was under Batson v. Kentucky (1986) 476 U.S. 79 [90 L.Ed.2d 69, 106 S.Ct. 1712] (Batson) as well as Wheeler and that “[t]he racial group we are talking about in this instance is African American, specifically African American women.” The court asked whether the challenge was “based on the race of the two jurors who were excused.” Defense counsel replied that it was based on “race and gender,” that the prosecutor had excused two of the three African-American women who were on the jury panel, and that defense counsel believed this was sufficient to raise an inference of impermissible discrimination. In response, the prosecutor argued that the defense was improperly “interrelating classes” and that the presence of seven women on the jury showed there had been no discrimination against women. The prosecutor also noted that of the four African-Americans on the initial panel, he had challenged two, the defense had challenged one, and one was seated on the jury. Defense counsel responded that, as to gender, the prosecution had used eight of 12 peremptory challenges against women. The trial court stated that “out of an abundance of caution” it was giving the prosecution “the opportunity to offer whatever nongender-based or nonracially based rationale you care to offer for the challenges.” The prosecutor said he challenged N.M. because she “indicated that she thought there was some problems with the district attorney’s office handling high-profile cases” and because she “indicated that she had a brother that had been arrested and prosecuted for drugs.” The prosecutor said he challenged B J. because her “son was prosecuted by our office, and she was an alibi witness in that case” and because “she’s probably one of the most hostile jurors that I’ve ever questioned.” The prosecutor added: “I think that she feels very, very upset with the prosecution of her son.” Defense counsel declined the trial court’s invitation to comment on these reasons, stating: “We would submit for the court’s ruling on it.” The trial court then ruled on this aspect of the challenge, stating: “I think the People—their explanation I think convinces me that the challenges to [B.J.] and [N.M.] were not racially motivated or based upon their race.” The trial court then “out of an abundance of caution” asked the prosecutor to provide reasons for its peremptory challenges against the other six women. The prosecutor asked for time to review his notes and papers, and the court agreed to take up the matter later. The prosecutor noted that the defense had used most of its peremptory challenges against men, possibly as many as 11 out of 13 challenges. The court replied, in substance, that it did not think that was relevant in ruling on the defense challenge: “I’m not sure two wrongs make a right. . . .” The next day, the prosecutor provided reasons for the remaining six peremptory challenges to women. The prosecutor said he challenged L.J. “because she indicated on five different places on the questionnaire that she was against the death penalty.” He challenged J.O. because she “indicated on her questionnaire that she felt she was a wishy-washy person,” that she “had difficulty] making up her mind,” that “pressure from other jurors might start her to doubt herself,” and that “she thinks she is a bad judge of character.” He challenged N.J. because she stated on her questionnaire that “the burden of deciding a person’s life was really just too great a decision for her to make.” He challenged F.C. because she stated on her questionnaire that she would “find it difficult” to vote for death and the prosecutor thought she had “a clear leaning against the death penalty.” He challenged L.H. because “a fair reading of her questionnaire is that she hasn’t made up her mind” about the death penalty, and because “a fair reading of her statements in court was that she really is much opposed to the death penalty.” He challenged B.B. because