Full opinion text
Opinion GEORGE, C. J. A jury convicted defendant David Allen Rundle of the first degree murders of Caroline Garcia and Lanciann Sorensen, and of attempting to forcibly rape them. (Pen. Code, §§ 187, 261, subd. (a)(2), 664.) It found true the special circumstances that defendant was convicted of multiple murders in this proceeding, and that defendant committed the murders in the course of attempting to rape the victims. (§ 190.2, subd. (a)(3), (17).) After the penalty phase of the trial, the jury returned a verdict of death. The trial court denied the automatic motion to modify the verdict (§ 190.4, subd. (e)) and sentenced defendant to death. This appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment in its entirety. I. Facts A. Introduction In November of 1986, the bodies of two young women, Caroline Garcia, 18 years of age, and Lanciann Sorensen, 15 years of age, were found in rural areas of Placer County. The bodies were unclothed and the arms of both victims were bound tightly behind their backs. Both bodies were badly decomposed, such that the causes of death could not be authoritatively established, nor was there definitive remaining evidence that the victims had been sexually assaulted. Despite his earlier denials of any involvement in the murders, defendant, who was 21 years of age at the time, confessed to the authorities that he had sexual relations with the victims and killed them by strangulation. At trial, defendant testified he had killed the women in fits of rage induced by the victims’ behavior, but did not decide to engage in sexual activities with them until after they were dead. The evidence presented by the defense suggested that defendant’s rage was the result of psychological problems arising from the incestuous sexual abuse inflicted upon him as a child by his mother, his mother’s extensive history of engaging in other inappropriate sexual behavior (such as exhibitionism and having numerous extramarital affairs) which was common knowledge in the small towns where defendant and his family resided, and the general difficulties defendant had with his family. The jury deliberated for less than a full court day before returning guilty verdicts and true findings on all charges and allegations. At the penalty phase, the prosecution presented evidence of an earlier similar murder of a third woman in Sacramento, whose body was found unclothed in a wooded area near the Sacramento River with her arms tied behind her back, and who had been raped and strangled to death. Defendant confessed to this murder during the investigation of the Garcia and Sorensen killings. The evidence also established that defendant committed three sexual assaults against other children when he was 14 years of age, for which he was subjected to juvenile delinquency proceedings. Defendant’s ex-wife testified that he physically and sexually abused her during their marriage. The defense presented further evidence of defendant’s mental state, his family and employment background, and his good behavior while incarcerated following his arrest for the charged offenses. The jury deliberated further for less than a full court day before returning a verdict of death. B. Guilt Phase 1. Prosecution Evidence At approximately 3:00 p.m. on Sunday, September 7, 1986, Caroline Garcia left her home in Roseville. She planned to go to the bus station to take a bus to Colfax, where she planned to visit her husband Trinidad Garcia, from whom she was separated. She was wearing a black skirt and a red jacket. Trinidad saw Caroline at a park in Colfax sometime near 9:00 p.m. She told him she was going to the house of Chris Paoli, a friend who lived in Colfax. She also called Kim Manzano, who lived with Garcia in Roseville, and told Manzano she was going to Paoli’s house and was planning to take a bus back to Roseville that night and would be home at approximately 1:00 a.m. After arriving at Paoli’s house, Garcia told Paoli a drunk man had bothered her earlier that evening, but another person had intervened on her behalf. She said she expected that person to come to Paoli’s house to drive her back to the bus station. At approximately 10:45 p.m., defendant arrived in his car and Garcia left with him. No one, other than defendant, reported seeing Garcia alive again. On Monday, September 8, 1986, the day after Garcia disappeared, a motorist reported finding discarded clothing near a turnout on Interstate Highway 80 between Weimar Cross Road and Colfax. A California Highway Patrol officer responded to the scene and found a dark-colored denim skirt, a pair of black and purple women’s panties, and a blue and white striped blanket that appeared to have a spot of blood and mucus on it. The area later was searched, but no other item of significance was found. On September 16, 1986, another motorist reported finding a red blazer, a purse, and a wallet containing Garcia’s identification near a railroad crossing on Carpenter Road, a secluded area approximately two miles from Chris Paoli’s house in Colfax and six miles by road from where the skirt, underwear, and blanket had been found. Inside the purse was a bus ticket issued on September 7, 1986, for travel from Colfax to Roseville, a pipe commonly used to smoke marijuana, and an unopened package containing a condom. An extensive search of the area the next day failed to disclose any other evidence. At trial, Kim Manzano testified that on September 7, 1986, Garcia was wearing the skirt, blouse, and jacket that were found. Manzano also identified the purse as the one Garcia took with her that day, and the panties as a pair Garcia had purchased the day before when she and Manzano were shopping. Defendant’s mother testified she had given defendant the blanket in May 1986 and that it did not have any red stains on it when she gave it to him. Criminalist James Streeter examined the clothes and the blanket. He testified the clothing did not appear to be ripped or tom in any way, and was not stained with blood or any other bodily fluid. The blanket showed several bloodstained areas, in which there was a mixture of blood and a mucous material, most likely saliva, but no semen or seminal fluid. Based upon a comparison of the blood on the blanket and blood samples from Garcia’s parents, it was determined that the blood on the blanket was consistent with Garcia’s blood type. In September 1986, defendant was employed as a general laborer by George Willson, a carpenter. The work involved physical labor, and defendant was strong for his size. Defendant did not show up for work on September 8 or 9, the days following Garcia’s disappearance. On September 8, 1986, defendant told his ex-girlfriend Heather Smith that the authorities had been speaking with him about Garcia, and that they appeared to believe he had killed her. On the following day, defendant told his friend James Sciacca that he (defendant) was the number one suspect in Garcia’s disappearance because he was the last person seen with her. Defendant also had a chance meeting with Trinidad Garcia in Colfax on that day. Defendant mentioned he had given her a ride to the bus station the night she had disappeared. Trinidad insisted defendant go to the police to make a report, which defendant did. Defendant told the officers he had given Caroline Garcia a ride to the bus station, and had dropped her off after she declined his offer to wait with her. Defendant also said that on the way to the station they had seen the drunk man who had harassed Garcia earlier that day, but Garcia said she would go to the nearby gas station if there was any trouble. Several days after Garcia’s disappearance, defendant and Sciacca went to a carwash, where defendant cleaned and vacuumed the interior of defendant’s car. Defendant had two more interviews with the authorities, on September 11 and October 21, 1986, during which he provided essentially the same statement of events as above, except for adding that on the way to the bus station, they had stopped and smoked a small amount of marijuana Garcia had with her, and that defendant had asked Garcia to have coffee with him but she declined. Defendant denied he had anything to do with Garcia’s disappearance or had given her his blanket, and maintained he returned to the trailer where he was staying after dropping Garcia off that night. Defendant said a person named Bob who was staying at the trailer could verify that defendant had returned there that night, but defendant could not find Bob. He also told the officers “things had heated up” for him in Colfax because people thought he was involved in Garcia’s disappearance, and therefore he was avoiding the Colfax area. On September 15 or 16, 1986, George Willson mentioned to defendant he had seen a search party looking for the “missing girl.” Defendant told Willson the authorities would not find anything, because they were “stupid,” adding they no longer were interested in him as a suspect in Garcia’s disappearance because someone else had been seen with her at the bus station and officers had found blood at her husband’s apartment. Defendant also said Garcia was a “slut” and a “sleep around,” as were most of the girls in Colfax. On the evening of Thursday, October 10, 1986, Lanciann Sorensen and her friend Laura Yowell were at a friend’s house in Roseville, where they each consumed a beer. Later, they went to Yowell’s sister’s house, also in Roseville. Sorensen left alone sometime between 9:00 and 10:00 p.m., stating she was planning to hitchhike back to her mother’s house in Auburn. At approximately 10:00 p.m., Sorensen called her boyfriend, Matthew Sklansky, and said she was in a telephone booth near the freeway in Loomis. Sorensen sounded intoxicated, and told Sklansky she had been drinking alcohol and smoking marijuana. She said she was with a person she met that day named Dave, who lived in Colfax and with whom she had been hitchhiking. Sklansky had told Sorensen he wanted to see her that night, and Sorensen agreed to come to his house when she arrived back in Auburn, but also told him they could not have sexual intercourse because she was menstruating. Sorensen and Sklansky twice before had engaged in sexual intercourse together. Their conversation ended when Sorensen said she should go because Dave was bored. Sorensen also called her mother at approximately 10:15 p.m. and said she was making her way home. No one reported talking to or seeing Sorensen alive after this telephone call. Her mother reported her missing on Monday, October 13, 1986. In mid-October Willson observed that defendant was not his usual energetic and well-groomed self. Eventually, on October 17, 1986, Willson noticed defendant was distracted and unable to complete a simple project. Defendant told Willson that “Violence is golden.” Willson sent defendant home for the day, and defendant did not work for Willson again, despite a well-paying assignment that was to start soon thereafter. At the October 21, 1986 interview, defendant also was asked about Sorensen’s disappearance. He denied ever having met her, stating he had worked in Roseville on October 10, the day Sorensen disappeared, and had spent the evening in Colfax with James Sciacca, a friend. Sciacca testified, however, that he had breakfast with defendant on October 11, 1986, and defendant told him that the previous day he had traveled to Sacramento where he had sexual relations with a prostitute, and then hitchhiked back, receiving a ride from a newspaper delivery man. After the interview on October 21, 1986, Sciacca drove defendant to Reno, Nevada. Defendant told Sciacca he had spoken to the officers earlier that day about Garcia’s disappearance, and asked Sciacca whether he knew how defendant could secure identification in order to assume a new identity. On November 7, 1986, a motorist traveling on Interstate Highway 80 stopped at the Loomis exit to let his dog out and saw what appeared to be a human body in a culvert off the road. Because he was afraid, the motorist waited several days to report the sighting. Thereafter, on November 14, 1986, officers went to that location and found Sorensen’s body mostly covered with dirt and weeds in a culvert approximately six feet below the level of the road. Her body was completely nude, and her hands were tied behind her back with a pair of pants. The officers also found a blouse and a purse in the area. Sorensen’s mother identified the pants, blouse, and purse as belonging to Sorensen. The pathologist who conducted the autopsy testified Sorensen was slightly over five feet tall and weighed approximately 110 pounds. Because of the advanced decomposition of her body, the pathologist was unable to determine conclusively the cause of death, although a likely cause, in his opinion, was asphyxiation, secondary to strangulation, based upon hemorrhages and damage to muscle and cartilage in the neck area. The decomposition also prevented the pathologist from rendering an opinion whether Sorensen had been raped or whether sperm or other foreign bodily fluids might have been present at the time of her death. The authorities obtained a warrant for defendant’s arrest for the murder of Garcia. On November 20, 1986, after defendant was arrested in Carson City, Nevada, two officers traveled there and interviewed him at the jail. After being advised of and waiving his Miranda rights, defendant admitted killing Garcia and having sexual relations with her at the location where he strangled her. He drew a map marking where her body had been left. He denied any involvement in the Sorensen killing, however. Defendant said he was “loaded” on “acid” during the last 30 days he was in Colfax, including the night Garcia was killed. The area depicted on defendant’s map was searched on November 21, 1986. Garcia’s unclothed body was found draped around a tree approximately 30 to 40 feet from the road down a very steep incline, partially covered with dirt, rocks and debris, and badly decomposed and largely skeletonized. There was a red cloth tied around her mouth, and her arms were tied behind her back with a piece of wire looped around both wrists and tied with five knots. No other evidence was found in the area. As with Sorensen’s body, the advanced state of decomposition prevented the pathologist who performed the autopsy from determining the cause of Garcia’s death, or whether trauma from a sexual assault had occurred. The pathologist did conclude, however, that the evidence supported the opinion that Garcia’s death had been violent and had been caused by another person. As defendant returned with the officers to the Placer County Jail in Auburn that day, he provided them with more details concerning the murder of Garcia. Defendant related the following. He ingested LSD before picking up Garcia, and then smoked some marijuana with her. He and Garcia were kissing in the backseat of his car, which was covered with the blue and white striped blanket, but when defendant placed his hand on Garcia’s leg, she said “No,” which led to an argument between them about having sexual relations. When defendant asked Garcia whether she wanted to have sex, she declined because she thought he was “all fucked up.” Defendant “flipped out,” “partly” because of this rejection, and pushed Garcia down and had sex with her. Garcia “partly” resisted by squirming. Defendant said he thought he ejaculated, but was not sure. He did not remember having tied her hands. Afterward, defendant became fearful that Garcia would tell others about what had happened, so he decided to kill her. Garcia started fighting, and defendant again pushed her down, grabbed a piece of wire, wrapped it around her neck, and held it there until she stopped moving. Defendant stated he remembered rolling Garcia’s body down a hill, but did not recall anything else. Despite his earlier denials, defendant also admitted during the drive to Auburn that he killed Sorensen, providing the following details. He had met Sorensen at a mall earlier that day. Defendant had ingested LSD and was “really stoned.” Defendant killed Sorensen by strangling her “by a road.” He said, “It was all so fuzzy.” When asked whether he had sexual relations with Sorensen, defendant said, “I think so.” He stated he did not remember tying her hands, or exactly how he had returned to Colfax that night, although he remembered delivering newspapers along the way. After arriving at the jail in Auburn and having dinner, defendant was interviewed by the authorities again, providing more details concerning the murder of Sorensen. Defendant said he and Sorensen were hitchhiking and were dropped off at the Loomis exit. Sorensen walked into town, returned about an hour later, and they then smoked marijuana together. Defendant began thinking about his difficulties with his family and became enraged. Sorensen thought defendant was “freaking out,” which made defendant more angry. He placed his hands on her shoulders and Sorensen swung at him, at which point defendant “blew up.” Defendant said he did not remember much after that point, but knew he engaged in sexual relations with Sorensen at some point, and ultimately strangled her because he was frightened. He also remembered covering the body with weeds and throwing away Sorensen’s purse before leaving the scene. Teresa Jackson testified she introduced defendant to Garcia in July of 1986. According to the testimony of James Sciacca and Janet Spafford, defendant on several occasions prior to September 7, 1986, had asked Garcia out for a date, but Garcia had declined, once commenting that she thought defendant was “strange” or “weird.” Teresa Jackson, Janet Spafford, and Heather Smith, all former girlfriends of defendant, testified they had seen defendant smoke marijuana, but never had seen him ingest LSD. George Willson testified that in July or August of 1986, when he and defendant were conversing about drug use, defendant said he did not consume LSD. James Sciacca testified, however, that defendant once ingested LSD in his presence. Heather Smith visited defendant on several occasions in the Placer County jail after his arrest. During her last visit, Smith asked defendant why he killed Garcia and Sorensen. He said it was partly because he did not like “sleazy women.” He then said, “I had a good thing going while it lasted. Too bad I got caught.” Smith asked defendant why he had not killed her, and defendant replied he had no reason to kill her. Spafford testified that Smith told her defendant had said the reason he had not killed Smith or Spafford was because they had “said yes.” 2. Defense Evidence Defendant testified as follows: He met Garcia in June or July 1986, and they became friends. They twice went to Rollins Lake and smoked marijuana together, and once defendant invited Garcia to spend the night at the house where he was staying because she had no place to sleep. Defendant and Garcia never had sexual intercourse on these occasions, although they engaged in “deep kissing” during their visits to the lake. Garcia at that time did not want to be sexually involved with defendant or other men, because she was still in the process of divorcing Trinidad Garcia. Contrary to what defendant confessed to the authorities, he testified very clearly remembering what happened on the nights he killed Garcia and Sorensen. After defendant picked up Garcia from Chris Paoli’s house on the night of September 7, 1986, Garcia inquired whether he had any marijuana. To avoid being detected, they went to the remote location of Carpenter’s Flat, parked, smoked marijuana, and talked. Garcia mentioned that her bus left at midnight. As Garcia began to speak about her difficulties with her husband, Trinidad, defendant became annoyed because he felt Garcia was nagging and overdramatizing her problems. Defendant began talking about his problems with his own family, but Garcia did not adequately recognize the seriousness of defendant’s troubles, which led to a heated discussion. After things calmed down, the two kissed for about 10 minutes. At some point, Garcia pulled away from defendant and again started talking about her problems with Trinidad. She said, “I can’t do this because of Trino.” They began to argue again about the relative seriousness of their personal difficulties, and Garcia again belittled defendant’s problems by stating they “don’t mean nothing,” telling him he “should just sit there and listen to her and keep [his] mouth shut.” This made defendant very angry and he, in rapid succession, punched Garcia in the face with his fist, lowered the back of the front seat in which she was sitting, and pushed her into the backseat of his car. At some point during these actions, Garcia said what had happened was all defendant’s fault. As Garcia was facedown in the backseat, defendant climbed on top of her, found a piece of wire on the floor of the car, wrapped the wire around Garcia’s neck, and strangled her. Defendant intended to kill Garcia when he put the wire around her neck, but at that point had no intention of having sexual relations with her. After a minute or two had passed and Garcia stopped struggling, defendant released the wire and sat back on the seat. Approximately five to 10 minutes later, he became sexually aroused and began undressing Garcia’s body. Defendant testified on direct examination that, while he was doing so, he heard a gurgling sound and saw a bloody substance coming from Garcia’s mouth. He tied the red cloth around her head over her mouth to stop the blood, and then continued undressing her. He was still fully clothed, but 15 to 20 minutes later, he undressed and engaged in sexual activities with Garcia’s body. On cross-examination, defendant testified he already had fully undressed Garcia’s body and himself and was engaged in sodomizing the body when he heard the gurgling sound, saw the blood, and placed the red cloth over her mouth. When the blood came out of Garcia’s mouth, defendant stopped sodomizing the body, but continued again several minutes later after the bleeding ended. He eventually had an orgasm. About five to 10 minutes later, after again becoming aroused, he turned the body over and had vaginal intercourse until he had another orgasm. While defendant was having sexual relations with Garcia’s body, he tied her arms behind her back. When he finished, defendant dressed, got out of the car briefly, then returned to the car, threw Garcia’s purse and jacket out the window, and drove away. Defendant drove around Colfax for approximately an hour and a half, during which time he went to his parents’ house, parked in the driveway and honked the horn, and also repeatedly drove past the Colfax police station—all while Garcia’s body was lying uncovered in the backseat of the vehicle. Defendant eventually disposed of Garcia’s body by throwing it down an embankment adjacent to a remote road, and rolled up Garcia’s clothes in the blanket and threw them from his car while en route to the nearby town of Weimar. Defendant did not know why he discarded the various items at different locations. The next day, defendant returned to the location where he had discarded the body, but could not find it. Defendant proceeded there again on the following day, found the body, and pulled it up to the tree. He sat next to the body, thinking and talking to himself and to the body about his remorse at what had happened, how he hated his mother, and how Garcia’s actions had reminded him of his mother. Defendant returned to the body several times. After his last visit, defendant covered it with a piece of wood, rocks, and leaves. On October 10, 1986, defendant hitchhiked to Sacramento. He ingested LSD during the trip, and smoked marijuana and consumed alcohol while there. He engaged in sexual activities with two prostitutes and then began hitchhiking back to Colfax at approximately 7:30 p.m. He met Sorensen at a restaurant near the highway on Douglas Boulevard, when she approached and asked him to light her cigarette. They decided to hitchhike together. After about 30 minutes, they got a ride, which took them to the Horseshoe Bar Road exit in Loomis. They arrived there about 10:00 p.m., and walked into town because Sorensen needed to make some telephone calls. After she did so, they returned to the freeway exit and smoked marijuana. Sorensen then left to walk back to town to make another phone call. When she returned, they moved off to the side of the road because the weather was cold, smoked more marijuana, and conversed. Sorensen said she thought defendant was cute, and later started “getting real friendly” toward him by inviting him to spend the night in the trailer behind her mother’s house in Auburn and sitting very close to him or on his lap. He, however, was not interested in engaging in sexual relations, because he already had been with the two prostitutes earlier that day and was, in fact, feeling guilty about those earlier activities. At some point, while defendant was lying on his side on the ground and Sorensen was next to him, she reached over and unbuttoned his pants, reached inside his underwear, grabbed his penis, and moved her head toward him in an attempt to orally copulate him. Defendant became infuriated because he did not want to be touched, and jumped up, grabbing Sorensen by the neck in the process. He held her off the ground, spun her around while shaking her violently, and then threw her down. When she did not move, defendant knew she was dead. He was not thinking clearly when he killed Sorensen; he was very angry because of her unexpected and unwelcome sexual advance. After realizing Sorensen was dead, defendant stomped around the area for several minutes and punched a nearby fence. He then returned to the body and sat down next to it for approximately 10 minutes. Defendant thought about the Garcia incident and became sexually aroused. He undressed himself as well as Sorenson’s body, and sodomized and had vaginal intercourse with the body. During a second act of sodomy, defendant tied Sorensen’s arms behind her back with her pants. After having an orgasm, he moved the body 15 to 20 feet away, covered it with grass and weeds, and left. The sexual activities defendant engaged in with Garcia’s and Sorensen’s bodies were more exciting than any prior sexual encounters he had ever had, because he had complete control of the victims. The act of tying the victims’ hands behind their back, even though they already were dead, was thrilling to him and was brought on by (and heightened) his feeling of total control over the two women. Defendant testified that when he was eight or nine years of age and residing with his family in Charleston, South Carolina, his mother began sexually molesting him. The molestation continued while the family resided in Idaho Falls, Idaho, and St. Mary’s, Georgia, when defendant was a teenager. The sexual abuse was frequent, especially in Idaho, and involved various types of sexual acts, including oral copulation and sexual intercourse. Defendant also saw his mother having sexual intercourse with a 17-year-old neighbor in South Carolina, Ron K., and learned she had exposed her naked body to, and had sexual relations with, other men who visited the family home or were crew members on trains that passed behind the family’s house in Georgia. This behavior occurred in each of the towns in which the family resided, and continued in Colfax until close to the time of the Garcia and Sorensen killings. Defendant’s mother also was present one night when Ron K. tied a rope to a rafter, placed the rope around defendant’s neck, and kicked away the chair upon which defendant was standing. Defendant hanged by his neck for 10 to 12 seconds before Ron K. removed the rope. Defendant’s mother laughed while defendant was hanging. After one final incident of molestation in Georgia when defendant was 15 years of age, he refused to participate further and began to stay away from home. Defendant’s absences caused problems with defendant’s father, who believed defendant merely was being rebellious. Defendant, however, felt he could not tell his father why he was avoiding home. When defendant was 16 years of age, he left home permanently after a severe argument with his father about defendant’s behavior. Defendant moved often during the next year, eventually coming to Colfax. Thereafter, defendant’s family, which included defendant’s two younger brothers and a younger sister, also moved to Colfax, causing more problems because defendant’s parents did not want him residing near them. Defendant was not welcome in their home, and his parents spread rumors about him to make his fife in Colfax difficult. They twice paid him to move away, which he did, although he returned in May 1986 and decided to remain there despite his difficulties. Defendant testified his mother’s molestation of him caused him to feel angry and defenseless. He also later became confused when he reached sexual maturity and sometimes felt pleasure during the sexual activities he engaged in with his mother. His mother’s exhibitionism and her affairs with Ron K. and other men, which were widely known by other persons in the several communities in which they resided, angered and embarrassed defendant, especially when his friends or others mentioned the subject to him. Defendant denied having said anything to Heather Smith about the killings or about having “had a good thing going while it lasted.” He admitted he had lied to numerous persons, including the authorities, when he first denied having anything to do with the deaths of Garcia and Sorensen. He explained his later confessions had some elements of truth, but that he lied when he stated that Garcia was alive and resisting when he had sex with her and lied when he stated he killed her and Sorensen because he was frightened. He did not tell the authorities he had had sex with the bodies only after the women were dead, because this was embarrassing and he believed it would appear worse if he admitted what happened rather than relating that he had raped the victims while they were alive. He also did not want to discuss the incestuous relationship he had with his mother. Defendant asserted that he believed he simply could admit having killed the women, and that would end the questioning. When the officers continued to press him for details, he gave false answers because he wanted the questioning to stop—but he also acknowledged voluntarily speaking with the officers and being advised he could stop the interviews at any point, and that they in fact had honored defendant’s request to stop on one occasion when he complained of a headache. Defendant testified that he decided to tell the truth at trial because he had learned from a defense investigator that defendant’s younger brother had legal problems relating to a sexual incident, and defendant did not want his brother to be in defendant’s position at some point in the future. Defendant, however, also admitted learning before giving his testimony at trial that it might benefit his defense if he were to testify he had not intended to have sex with the victims until after he had killed them. Philip Bodily, who resided near defendant from 1975 to 1977 in South Carolina, testified that he, too, observed defendant’s mother having sex with Ron K. He never saw defendant’s mother engage in sexual behavior with defendant, but testified she did act in a sexually provocative manner toward Bodily on two occasions and Ron K. teased defendant about his mother’s sexual activities. The parties stipulated that James and Sara Jo Ennis were defendant’s neighbors when his family resided in Georgia, and would testify that defendant’s mother often stood nude at the rear door of the house and sometimes would open and close her blouse while trains were passing on the tracks behind the house, but they did not see her board any of the trains. Jeffrey Miner and Ronald Ballard testified that, on approximately five or 10 occasions over a two-month period in 1985, a woman standing at a window in defendant’s grandfather’s house in Colfax exposed her breasts by lifting up her shirt as Miner and Ballard drove by on the road in front of the house. Once, the woman exposed herself to Miner as he drove by, and then about 15 to 20 minutes later Miner and Ballard drove on a dirt road approximately 50 yards behind the house in order to avoid seeing the woman, but she came out on the road and again exposed herself. Scott Greger also saw a woman at that house exposing herself on numerous occasions during the four months he resided on the same street. Greger later learned the woman was defendant’s mother and he told defendant of this activity, but defendant appeared unconcerned. Dr. Richard Yarvis, a psychiatrist employed by the defense, had treated victims of incest and molestation. He met with defendant for a total of approximately 20 hours. According to Dr. Yarvis, boys who are victims of incest committed by their mothers are more likely to become psychotic than girls who have incestuous relationships with their fathers. Both types of victimization, however, have “disastrous” impacts upon the victims. Victims of parental incest often have significant feelings of guilt, despondency, anxiety, and anger created by their powerlessness at being compelled by a parent to engage in behavior that the victim knows is wrong. Dr. Yarvis considered it very unlikely that a victim of parental incest would be “normal” in the psychological sense. Rather, the three likely outcomes were severe psychosis, in which the victim would be unable to distinguish reality from fantasy; less severe mental illnesses, such as chronic depression and drug and alcohol abuse; and antisocial behavior, such as criminal activity and sexual promiscuity. During their meetings, defendant described to Dr. Yarvis an unpleasant childhood in which his father, who was in the Navy, was mostly absent and was often physically abusive to defendant when he was home. Defendant told Dr. Yarvis that his mother was sexually provocative, promiscuous, and an exhibitionist, and carried on an incestuous relationship with defendant for several years. Although Dr. Yarvis did not believe defendant was psychotic, defendant exhibited low self-esteem and nervousness at close physical proximity to others, and had a serious temper with a “short fuse.” Defendant unreasonably interpreted a remark made by Dr. Yarvis during one interview, and on another occasion defendant fell out of his chair and became so angry, distressed, and embarrassed that Dr. Yarvis became mildly frightened that defendant might become violent. Dr. Yarvis testified it is rare for a woman to be an exhibitionist, and that exhibitionists rarely commit more active sexual crimes. He also stated that necrophilia, or sexual activity with dead bodies, is quite abnormal and rare, and he had no clinical or research experience in that area. Defendant re-called his mother as a witness for the defense. She denied, however, that she had an incestuous relationship with defendant, that she had sexual relations with Ron K. or any train crew members, or that defendant had been subjected to a hanging in her presence. She denied ever having intentionally exposed her body to anyone at any of the places in which she had resided. She said defendant had been a liar since he was a young child, and had left the family home because he would not follow the rules, rather than because of any incestuous relationship with her. 3. Prosecution Rebuttal Evidence The prosecution re-called the lead investigating officer, who testified that photographs of defendant’s vehicle showed that the lever that would lower the back of the driver’s seat was on the outside of the seat, near the door. The officer did not photograph or examine the lever for the front passenger seat, and did not know whether the front seats would fully recline. C. Penalty Phase 1. Prosecution Evidence a. Murder of Elizabeth Lactawen After defendant was arrested, officers from the Sacramento County Sheriff’s Department interviewed him concerning a series of other homicides in the Sacramento area. During the first interview, defendant waived his Miranda rights and denied involvement in any other murders. During a second interview, defendant continued to deny any role in the murders the officers were investigating, but confessed to another murder that had occurred in the City of Sacramento. Investigators from the Sacramento Police Department were summoned and they interviewed defendant for a third time regarding the murder of Elizabeth Lactawen. On May 10, 1986, a homeless man reported finding a dead body near the Sacramento River in an area overgrown with vegetation and known as a homeless encampment. Responding police officers found a woman’s body, mostly covered by plastic and cardboard. The unclothed body of Elizabeth Lactawen was not yet cold to the touch. Lactawen was 24 years of age, was four feet five inches tall, and weighed 76 pounds. A cloth gag was tied around her mouth, and her arms were tied behind her back with an electrical cord. There were bruises around her neck and left breast, and blood and other fluids coming out of her nose. The pathologist who performed the autopsy believed Lactawen had been strangled with a thin rope or wire. There also was evidence of sexual assault, including blood clots in the vagina and on the cervix and bruising on Lactawen’s inner thighs, injuries which in the pathologist’s opinion could have been caused by someone forcibly spreading open her legs and raping her. The bruises were inflicted before she died. Clothes matching Lactawen’s small stature were scattered around the area. There also was fecal matter in the pubic area, which possibly was caused by a person sodomizing Lactawen before having vaginal intercourse with her. There was no tearing of the vagina or anus or evidence of sperm. Lactawen had no alcohol or drugs in her blood. During the interview with the Sacramento police officers, defendant said he was sitting near the Sacramento River when Lactawen walked by. They began talking, and then walked to a more secluded spot nearby, where they had consensual sex. They spoke some more, and defendant became angry and strangled her. He did not remember how he strangled her or whether he tied her up or used a gag. b. Childhood Sexual Assaults In 1979, when defendant was 14 years of age and residing in Idaho Falls, Idaho, he sexually assaulted a six-year-old girl, Rebecca Y., and two boys, 12-year-old Brian M. and 11-year-old Cori H., in two separate incidents. On March 17, 1979, Rebecca Y. was walking home from her friend’s house when a teenage boy told her he knew her mother and that Rebecca should do what he said or she would be in trouble. The boy promised he would give her money if she did what he said. Rebecca positively identified defendant in court as the boy. Defendant led Rebecca to an area under a bridge and told her to do what he said or he would kill her with a rock. He removed his penis from his pants and told Rebecca to put her mouth on it while forcing her head down. When Rebecca’s babysitter called for her, defendant ran away. Rebecca’s father received a telephone call about what had happened and drove to the bridge, where he saw a young man jump out of the canal and get on a bicycle. Rebecca’s father chased after the boy, eventually tackling him. The zipper of the boy’s pants was down, and the boy said he “did not hurt her.” The father could not recognize defendant in court, but did identify a picture of him from that time period as looking like the boy. When a police officer arrived, the boy identified himself as David Allen Rundle. Defendant initially denied having assaulted Rebecca, but later that day at the police station admitted taking her under the bridge, threatening to kill her with a rock, and trying to “have sex” with her. On April 24, 1979, Brian M. and Cori H. were riding their bikes when they came across a person jogging who said he knew of good trails for bike riding. During his testimony Brian identified defendant as this person. The boys agreed to follow defendant, who led them to the bottom of a 15- to 20-foot-deep pit in a very remote area. Once there, defendant said he had a gun in his pocket and threatened he would either shoot the boys or crush them with a rock if they did not do what he said. Defendant ordered the boys to disrobe and then told Cori to lie on the ground and Brian to “fuck him.” When Brian said he did not understand, defendant told him to lie on top of Cori, which he did. Defendant then told them to get up, took out his penis, and had the boys orally copulate him until he ejaculated. He then left with the boys’ clothes and told them not to leave the pit for 15 minutes or he would shoot them, and not to tell anyone about what had happened or he would find them and kill them. After the boys left the pit, they found their clothes nearby, returned home, and reported what had happened. Later, Brian was taken to a house, where he identified defendant as the perpetrator. c. Marital Abuse Defendant’s ex-wife testified she married defendant in March of 1984 and separated from him in July of 1985. Defendant was physically violent toward her during the marriage. He often struck her, once pushed her from a moving car, and on one occasion during an argument threw her down and pounded her head on the floor approximately 20 times. On many occasions defendant also physically forced her to engage in oral copulation and sodomy. Defendant continued with these acts even though on various occasions she told him to stop, vomited while his penis was in her mouth, and tried to keep away from him. d. Psychiatric Testimony Dr. Irwin Lyons, a psychiatrist, interviewed defendant on behalf of the district attorney’s office soon after defendant’s arrest, in order to evaluate defendant’s mental status. Defendant described the incidents with Rebecca Y., Brian M., and Cori H., as well as the Garcia and Sorensen murders. Defendant did not mention that Sorensen had attempted to orally copulate him, or that his mother sexually molested him as a child. Defendant said his family rejected him, and his problems with his family caused him to have attacks of extreme rage during which he could not control himself. Dr. Lyons did not believe defendant suffered from any psychosis, but concluded he did have a personality disorder arising partly from deficient child-rearing practices by his parents. Defendant was egocentric, immature, lacking in capacity for empathy, and amoral. He was subject to impulsive behavior during his rage attacks. 2. Defense Evidence Dr. Richard Thomas, a psychologist, treated defendant in Idaho after his sexual assault on Rebecca Y. In his opinion, defendant at that time had an “explosive personality disorder,” which commonly involves overreacting to a situation, blaming others, and making excuses for one’s difficulties and inappropriate actions. Defendant was not psychotic or schizophrenic. At counseling sessions, defendant refused to speak about the assault, a circumstance that concerned Dr. Thomas because defendant also said he enjoyed inflicting pain upon others and, in the doctor’s opinion, had a “real high potential ... to act out.” Defendant’s mother encouraged his refusal to speak about the incident, thus negatively affecting defendant’s ability to accept responsibility and obtain any benefit from treatment. Dr. Thomas felt defendant’s family had problems in communicating and that defendant’s mother was overwhelmed by having to care for the four children during the father’s frequent, and at times lengthy, absences. Dr. Thomas, having provided marriage counseling to defendant’s parents after defendant was sent to a state juvenile facility, believed they had made progress in addressing their problems. Defendant’s aunt and uncle, George and Bonnie Mae Russell, testified that defendant was a “bright, alert” child and was “full of promise and potential.” According to them, defendant’s mother singled defendant out for discipline and often verbally abused him, never acting in a motherly way toward him. George testified he saw defendant’s mother attempt to stab his father during a fight that occurred in defendant’s presence. When defendant was no more than a year and a half old, George also observed what he thought was evidence of sexual abuse upon seeing defendant’s penis. In George’s opinion, defendant’s mother’s denial of abuse was insincere, and she often lied. George viewed defendant as a victim of his mother’s abusive parenting and of dealers who supplied defendant with drugs. Several of defendant’s past employers testified he was a hard-working, conscientious, and trustworthy employee. Deborah Peters, with whom defendant resided in Nevada after the murders, testified he was nice and helpful and that she would not have expected him to be charged with murder. Sherry Couzens, an instructor in a high school equivalency program who met with defendant in jail once a week for approximately two months, testified defendant completed the program while incarcerated and was a quiet, focused, and thorough student. A sergeant at the jail testified defendant provided deputies with information concerning another inmate’s plan to escape from the jail and helped them locate two prisoner-made weapons. A defense investigator testified defendant’s ex-wife said defendant’s relationship with his family was very strained and she never saw them act affectionately toward him. She also said defendant told her his mother was not faithful to his father, and his mother had strange sexual “quirks.” Defendant’s ex-wife told another investigator she wanted to “pull the switch” on defendant and have a party to celebrate. 3. Prosecution Rebuttal Evidence The prosecution’s investigator testified that George Russell, defendant’s uncle who testified on defendant’s behalf, stated he felt very strongly that the death penalty should not be imposed in this case because defendant was not fully responsible for the crimes. Additionally, Russell earlier told the investigator he was unaware of any sexual conduct between defendant and his mother; Russell had not mentioned observing any evidence of sexual abuse when defendant was an infant or of defendant’s being physically disciplined by his parents. Donald Rundle, defendant’s brother, testified that defendant was not treated differently from any of his siblings, was not subjected to violent discipline or verbal abuse, and refused to follow the family’s rules. Donald saw marijuana in defendant’s possession, but never observed other drugs. Donald told a defense investigator that after defendant was arrested for the murders, their father was so upset that “if [defendant] was to get hit by a car in front of Dad, Dad would turn around and walk away sooner than help him.” 4. Defense Surrebuttal Evidence The defense investigator testified that Donald had said defendant’s father would rather run over defendant with a car than stop for him, and that this statement referred to the father’s attitude before defendant was arrested for the murders. II. Discussion A. Sufficiency of Appellate Record Defendant contends his rights under state law and the Sixth, Eighth, and Fourteenth Amendments to the United States Constitution to a record adequate to permit meaningful appellate review were violated by the trial court’s failure to order transcribed (1) a proceeding in which it was established that defendant, contrary to his prior wishes, had chosen not to be absent from the penalty phase of the trial, and (2) in-chambers discussions regarding jury instructions. These claims fail. 1. Defendant’s Decision to Attend the Penalty Phase During a noon recess in the presentation of the prosecution’s opening statement at the penalty phase of the trial, defendant told court staff he did not wish to be present for the remainder of the trial. The trial court subsequently mentioned this on the record outside the presence of the jury, and a second recess was taken to allow defendant to discuss the matter with his attorneys. After that recess, the court held an in camera meeting with defense counsel, at which counsel requested the court adjourn for the day to allow more discussions with defendant. Back in open court, the court adjourned the proceedings until the following morning and also advised defendant the court was concerned that his decision be made in a careful, rational, calm, and reflective manner, mentioning to him that his absence during the penalty phase was likely to “make it worse” for him. Defense counsel were directed to “report” to the court by 8:30 the next morning, at which point the prosecution and the jurors would be notified as to when the proceedings would resume. The following morning, on the record and outside the presence of the jury, the trial court “confirm[ed] for the record that at present there is no request from Mr. Rundle at this time to be absent.” Defense counsel agreed, and trial proceeded with defendant present. Defendant now contends the “court and defense counsel met on the morning o[f] May 25, 1989, to determine whether [defendant] was willing or able to participate in the remainder of the trial.” In the absence of a record of these discussions, defendant argues, it is impossible to determine whether defendant was competent to proceed with trial, or whether some improper influence, including possible forced medication, was exerted upon defendant in order to convince him to change his decision to be absent. Defendant, however, has not established that any hearing actually occurred that morning that could have been transcribed. The trial court merely directed defense counsel to contact the court in the morning before proceedings began and report to the court defendant’s decision so the jury and the prosecution could be notified when proceedings would resume. The court then confirmed on the record that defendant no longer wished to absent himself from the proceedings, which presumably is what defense counsel reported earlier that morning. Unlike other instances in which the record explicitly mentions off-the-record discussions, here there is no indication anywhere in the record, including in the settled statements on appeal, that any discussion between counsel and the court took place regarding defendant’s ultimate decision to attend the proceedings. Defendant’s suggestion a meeting occurred at which such a discussion transpired is no more than unsupported speculation, and he has not shown the existing record is inadequate in this respect. 2. Jury Instructions In contrast to the situation discussed above, it is undisputed that a number of informal meetings concerning proposed guilt and penalty phase jury instructions were held off the record and hence were not transcribed. The trial court instead afforded defendant the opportunity to place on the record after the instructions were finalized any objections to the jury instructions to be given or requests for other instructions that were not resolved to his satisfaction during the conferences. As the trial court and the parties later acknowledged, this procedure was erroneous. Section 190.9, subdivision (a)(1), requires that all conferences and proceedings in a death penalty case must be conducted “on the record with a court reporter present.” We previously have held, however, that such an error is not reversible per se; instead the defendant must demonstrate prejudice. (See People v. Freeman (1994) 8 Cal.4th 450, 509 [34 Cal.Rptr.2d 558, 882 P.2d 249]; People v. Cummings (1993) 4 Cal.4th 1233, 1333, fn. 70 [18 Cal.Rptr.2d 796, 850 P.2d 1].) We decline defendant’s request to reconsider this holding. “[S]tate law entitles a defendant only to an appellate record ‘adequate to permit [him or her] to argue’ the points raised in the appeal. [Citation.] Federal constitutional requirements are similar. The due process and equal protection clauses of the Fourteenth Amendment require the state to furnish an indigent defendant with a record sufficient to permit adequate and effective appellate review. [Citations.] Similarly, the Eighth Amendment requires reversal only where the record is so deficient as to create a substantial risk the death penalty is being imposed in an arbitrary and capricious manner. [Citation.] The defendant has the burden of showing the record is inadequate to permit meaningful appellate review. [Citation.]” (People v. Rogers (2006) 39 Cal.4th 826, 857-858 [48 Cal.Rptr.3d 1, 141 P.3d 135] (Rogers)) After the unreported discussions regarding jury instructions at each phase of the trial, the trial court discussed the proposed final instructions in open court and invited counsel for both sides to place on the record any continuing objections to those instructions, including requested instructions that were not accepted by the court. In reviewing the guilt phase instructions, the court specifically warned counsel that “your silence after a [jury instruction] number is read indicates that we are all in concurrence. If I don’t stop myself, stop me because that will be the way we reflect the rulings.” Similarly, at the penalty phase, on-the-record, substantive discussions took place concerning all of the instructions before the final instructions were adopted, during which the trial court invited the defense to state agreement or disagreement with the instructions. Defense counsel testified during the record settlement proceedings that all unresolved objections and requests were placed on the record during these transcribed proceedings, and the prosecutor stated that he too confirmed from his notes that all of the defense objections were stated on the record. Defendant observes, however, that even with these explanations thus placed into the record, the specifics as to whether additional objections were raised and how those objections were resolved so as to eliminate any ongoing disputes are absent from the record. He contends that because of this shortcoming, he cannot definitively determine which instructions initially were objected to or requested, whether the resolution of any such objections was “the correct outcome or the result of an erroneous application of law or an unreasonable interpretation of the evidence,” or whether some instruction that was supported by the evidence was intentionally or negligently omitted. Although there is a gap in the record of the process by which the final jury instructions were compiled, defendant has not carried his burden of demonstrating that this gap in any way affects our ability to undertake meaningful appellate review of the jury instructions. The instructions actually given to the jury are contained in the record, and defendant was afforded the opportunity to make, on the record, all his objections to those instructions, which he did. The record, therefore, is adequate to allow us to determine which objections defendant preserved for appeal and to review the merits of these objections. It is unfortunate that we do not have the added benefit of a more complete record of the bases for the preserved objections or requests, any response to them from the prosecution, and the reasoning of the trial court in overruling an objection or denying a request, but this circumstance does not prevent us from adequately reviewing the preserved challenges to the instructions. (See People v. Huggins (2006) 38 Cal.4th 175, 204-205 [41 Cal.Rptr.3d 593, 131 P.3d 995] (Huggins).) We also are able to adequately review claims—several of which defendant has raised and are addressed below—that the trial court had a duty to give certain instructions on its own motion, because we may assume that when the existing record is silent, no invited error by defense counsel occurred. (Cf. People v. Young (2005) 34 Cal.4th 1149, 1203 [24 Cal.Rptr.3d 112, 105 P.3d 487] (Young) [“because it cannot be ascertained whether defense counsel specifically requested clarification [of an instruction], we shall give defendant the benefit of the doubt and find the issue preserved for appeal”]; People v. Cooper (1991) 53 Cal.3d 771, 830 [281 Cal.Rptr. 90, 809 P.2d 865] [“ ‘the court’s responsibility [on its own motion to give a required instruction] could be negated only in that special situation in which the defense counsel deliberately and expressly, as a matter of trial tactics, objected to the rendition of an instruction’ ”].) Although defendant’s ability to challenge the adequacy of his attorneys’ representation vis-á-vis jury instructions may be limited at this point by the absence of a complete record, defendant has not shown that he has been prejudiced in his ability to advance any claims of ineffective assistance of counsel he might have raised on appeal. Defendant has not established that had these conferences been transcribed, the record would demonstrate defense counsel’s understanding of the law and counsel’s tactical reasons, if any, for objecting to or requesting particular instructions, or choosing not to do so. (See People v. Mendoza Tello (1997) 15 Cal.4th 264, 266-267 [62 Cal.Rptr.2d 437, 933 P.2d 1134].) Accordingly, the error in failing to transcribe the jury instruction conferences was harmless under the applicable state (People v. Watson (1956) 46 Cal.2d 818, 836 [299 P.2d 243] (Watson)) and federal (Chapman v. California (1967) 386 U.S. 18, 24 [17 L.Ed.2d 705, 87 S.Ct. 824]) standards. B. Denial of Pretrial Motion to Exclude Defendant’s Confessions As mentioned above, defendant participated in a series of eight interviews with representatives of law enforcement after he was arrested: the first three with officers from the Placer County Sheriffs Department regarding the murders of Garcia and Sorensen; the next two with officers from the Sacramento County Sheriff’s Department regarding other murders they were investigating that had similarities to the Garcia and Sorensen cases; one interview with officers from the City of Sacramento Police Department regarding the Lactawen murder; another interview with Sacramento County Sheriff’s officers; and finally an interview with Dr. Irwin Lyons, a psychiatrist who was evaluating defendant on behalf of the district attorney’s office. Defendant was advised repeatedly of his Miranda rights, waived those rights, and agreed to talk. Nonetheless, he moved before trial to suppress the statements he made to the officers as involuntary and as obtained in violation of Miranda, on the ground the waivers were not knowingly, intelligently, and voluntarily made. The trial court, conducting a hearing at which several officers testified, found the waivers valid and the statements voluntary. Defendant’s motion later was expanded to include the statements he made to Dr. Lyons, and a second pretrial hearing was held at which Dr. Lyons, various peace officers, and defendant testified. In light of the new testimony offered, the trial court reconsidered its earlier ruling on the admissibility of the statements made to the officers, but again found that all of the statements, including those made to Dr. Lyons, were voluntary and that defendant’s Miranda waivers were valid. Critical to the trial court’s decision were its findings that (1) although the Sacramento County officers made some representations to defendant about possible leniency and psychological treatment, these statements were not specific promises but were statements of the “generalized benefit to be gained by speaking”; (2) these representations were not the cause of defendant’s decision to make the statements; and (3) defendant never invoked his right to remain silent or to the assistance of counsel, even though he once asked the Sacramento County officers to stop questioning him, and mentione