Full opinion text
Opinion MORENO, J. Defendant Paul Gregory Watson was convicted of two counts of first degree murder (Pen. Code, § 187, subd. (a)) with multiple-murder special-circumstance findings (§ 190.2, subd. (a)(3)). The jury found that defendant was armed with and personally used a firearm in the commission of the offense. (§§ 12022, subd. (a), 12022.5, subd. (a).) At the penalty phase, the jury returned a verdict of death. The trial court denied defendant’s automatic application to modify the verdict (§ 190.4, subd. (e)) and sentenced defendant to death. This appeal is automatic. (§ 1239, subd. (b).) For the reasons that follow, we affirm the judgment. I. Facts A. Guilt Phase 1. Prosecution’s Case a. The Shooting During early 1989 in Compton, California, the Atlantic Drive Crips were “at war” with the Santana Block Crips. On the afternoon of Sunday, April 2, 1989, a large group of people were passing the day at Compton’s Kelly Park. The individuals in the park that day included members of the Atlantic Drive Crips and their allies, the Kelly Park Crips and the In Hood Crips. By early evening, between 100 and 150 people, most of whom were barbecuing, listening to music, and playing basketball, remained in the park. That evening, Timothy Martin was talking with a friend in front of the Alondra Apartments when he noticed a white Cadillac, followed by another vehicle, traveling westbound on Alondra Boulevard toward Castlegate Avenue. The vehicles aroused his suspicion because there were “too many people in both cars.” He was also alarmed because he believed the occupants to be members of the Santana Block Crips. Martin rode his bicycle to the park to alert his brother to the potential danger. After talking to his brother, Martin rode to his house on Castlegate Avenue, south of Caldwell Street. While Martin stood in his driveway talking to another friend, he saw the same white Cadillac stop at the comer of Castlegate Avenue and Caldwell Street. The front passenger, whom Martin identified as defendant in a photo lineup and at trial, was seated on the door rail, holding an AK-47 rifle over the roof of the car and aiming at Martin. The Cadillac then continued toward the park, and five or six seconds later Martin heard about 20 gunshots. A reluctant witness, Martin had received threats to his life from unidentified persons if he testified. Terry Fennell, who was associated with the Kelly Park Crips, was in the park playing basketball about 6:00 that evening. After finishing a game, he walked to his car on Butler Avenue to get a towel. As he returned to the park, he noticed Tammy Eldridge and Ava Williams sitting in a black Toyota Célica parked in front of the Compton Police Department substation on the north side of Caldwell Street, with their three young children in the car. Eldridge and Williams were talking with Earl Solomon, a member of the Atlantic Drive Crips. A white Cadillac with three occupants was traveling westbound on Caldwell Street; Fennell recognized the Cadillac as belonging to defendant. When Fennell reached the sidewalk on the north side of Caldwell Street, 20 feet from the Cadillac, he saw an AK-47, held by defendant, come out of the window. Defendant leaned out of the front passenger window of the Cadillac and shot into the park. Fennell ducked behind a parked car and continued to watch defendant. The Cadillac passed Eldridge’s Célica; defendant turned back toward the Célica and continued shooting, hitting Solomon in the head. Fennell could not remember if any cars were following the Cadillac. Fennell was standing about 35 to 40- feet from Solomon when Solomon was shot. He went directly to Solomon’s body while Eldridge started her car and drove away down Butler Avenue. Fennell was the first to arrive at Solomon’s side, and left immediately after confirming he was dead. Fennell later returned to the scene and spoke with police. Fennell had been convicted of taking a vehicle and receiving stolen property. Fennell’s friends in the neighborhood stopped talking with him because they did not want him to come forward and testify. He and his family ultimately were forced to move away from the neighborhood. Gary Lomax, Fennell’s brother-in-law, was also playing basketball in the park at the time of the shooting. His back was to Caldwell Street when he heard the gunfire, and he turned to see what was happening. As he ran for cover, Lomax saw two cars traveling westbound on Caldwell Street. Lomax had seen the two cars pass the park 10 to 15 minutes before the shootings. Lomax testified defendant was leaning out of, and trying to sit back down in, the passenger side of one of the cars, holding what appeared to be a gun. Between 6:00 and 6:35 p.m., Henrietta Harper, a security officer employed by the City of Compton, was inside the police substation at Kelly Park when she heard about 15 to 20 gunshots coming from the area of Castlegate Avenue and Caldwell Street. Although she could not see what was going on outside, she heard the gunfire moving westward along the south side of the park. When the firing stopped, she saw an African-American male lying in front of the substation bleeding profusely from a gunshot wound to the head. She approached him and found he had no pulse. By this time, police officers were arriving at the park and Harper returned to the substation to report a homicide. Brian Owens, an associate of the Atlantic Drive Crips, was also in Kelly Park that day. He saw Eldridge and Williams there in his Toyota Célica, which he had loaned to Eldridge. Hearing gunfire, Owens looked up to see a white Cadillac being driven westbound on Caldwell Street, with a person hanging out of the passenger window. Owens saw the person shoot a rifle into the park, hitting Solomon in the head. He later described the shooter as a light-skinned African-American man wearing a white T-shirt. After witnessing the shooting, Owens ran to his Chevrolet Cavalier, got in, and chased the Cadillac, armed with a .45-caliber semiautomatic handgun. Some cars that had been trailing the Cadillac moved behind Owens’s car and opened fire. Owens could not recall whether he ever fired his weapon. He was hit in the left shoulder and the head; at the time of trial a bullet remained in his head and he was blind in his left eye. His memory of that day’s events was impaired. He admitted he could not remember anything after seeing Solomon get shot and had filled in the rest of the events by speaking to other individuals. About 6:15 on the evening of the shootings, Officer Henry Johnson of the Compton Police Department received a radio call directing him to go to Kelly Park. As his partner drove down Alondra Boulevard, Johnson saw a late model Chevrolet Cavalier traveling in the opposite direction, but he did not see anyone in the driver’s seat. Johnson instructed his partner to make a U-tum and follow the Cavalier, which went off the road and came to rest in a flowerbed near the comer of Alondra Boulevard and Ward Avenue. Johnson ran to the Cavalier. Inside, an African-American male (Owens) was lying unconscious across the front seats, his arm extended toward the floor near a blue steel .45-caliber semiautomatic handgun that smelled as if it recently had been fired. Johnson saw three large-caliber bullet holes near the driver’s door, a large-caliber bullet hole at the left front fender, and a similar hole at the left rear fender. The rear window was broken out, and in the windshield was what appeared to be a bullet exit hole. Irma Myricks and her daughter Lattice Nick lived near Kelly Park and were at home on the evening of April 2, 1989. They both heard gunshots and looked out their front door to see a white Cadillac traveling westbound on Caldwell Street. Myricks saw someone hanging out of the car’s window firing a gun, and then saw Solomon lying on the sidewalk. Tammy Eldridge testified at trial that she and Williams were sitting in Owens’s Célica parked in front of the police substation at Kelly Park while talking with Earl Solomon, who was standing on the sidewalk on the north side of Caldwell Street. As they talked, Eldridge heard gunshots coming from behind her and saw people mnning and getting down on the ground. Eldridge tried to shield herself and the children from the gunshots. When the shooting stopped, she looked up to see a white Cadillac similar to one she previously had seen defendant driving, followed by a dark blue or black car. A medium-complected African-American man leaned out of the passenger window of the Cadillac with what Eldridge believed to be a rifle in his hands. She then heard more shooting and again ducked for protection. Williams’s head fell to Eldridge’s knee and, when the firing ceased, Eldridge lifted Williams’s head, revealing a large bullet wound to her face and causing one of her eyes to fall out of her head. Eldridge replaced the eye and drove away to get help. Eldridge stopped her car in front of some houses and rushed the children inside someone’s home. Williams was not conscious or moving. Eldridge noticed a bullet hole in the windshield of the Célica. Alisha Dukes lived near Castlegate Avenue and Adana Street near Kelly Park in Compton. On the evening of the shooting, she heard a car’s brakes screeching and looked to find a car with broken glass on the passenger side stopped in the street. A hysterical woman jumped from the car. Dukes took a baby from the car and, after summoning help from neighbors, tried to calm the child and clean blood and glass from its head. The adult passenger in the car appeared to be dead. Henry Williams lived next door to Alisha Dukes. He too heard a car’s brakes screeching and saw a woman get out yelling for help because her friend had been shot. Williams called 911. His wife and neighbor cared for the children taken from the car while he attended to the car’s adult passenger. The passenger was missing part of her face and, believing her to be dead, Williams covered her with a blanket. b. The Investigation Compton Police Detective Marvin Branscomb responded to Kelly Park after the shooting and cordoned off the area to protect the crime scene. Terry Fennell identified defendant to Branscomb as the shooter and a member of the Santana Block Crips, going by the moniker “Potato Head.” Branscomb obtained a “six pack” photographic lineup containing a picture of Potato Head. Branscomb admonished Fennell that persons involved in the shooting might or might not be depicted in the six-pack and that he should identify only the person he believed to be the shooter. Branscomb then had Fennell examine the photographs, and he identified defendant as the shooter. No other witnesses came forward at the scene. Branscomb and other officers searched Caldwell Street and located one assault rifle casing and several .45-caliber shell casings. Branscomb unsuccessfully tried to locate defendant. The next day, Branscomb contacted defendant’s sister, Bridgette Norflee, but was still unable to find defendant. c. Defendant’s Activities Before and After the Shooting Sonya Stone, defendant’s former girlfriend, testified she saw defendant on the day of the shooting driving his white Cadillac with several African-American male passengers. Stone explained the Cadillac previously had been painted green. Tony Carillo managed Color King Auto Painting in Compton, California. On April 3, 1989, he generated a receipt for the painting of a Cadillac with the license plate number 2JYC400. The receipt indicated the work was “exclusively for Paul,” and a woman named Bridgette signed the receipt. Color King painted the Cadillac black. Hazel Adams, a Department of Motor Vehicles registration manager, testified that ownership of a 1977 Cadillac coupe, license plate number 2JYC400, was transferred from Paul Watson to Serita Hutchinson on June 6, 1989, in exchange for $500. d. Defendant’s Arrest On August 31, 1989, Bakersfield Police Sergeant David Haskins, seeking to locate defendant, executed a search warrant on a Bakersfield apartment. Haskins arrested defendant inside the apartment. Outside, Haskins located and impounded a black Cadillac, license plate number 2JYC400. That afternoon, Detective Marvin Branscomb traveled to the Kern County jail in Bakersfield and took defendant into his custody. Branscomb also inspected the black Cadillac. He took a paint sample from the vehicle and discovered three layers of paint: green, white, and black. Inside the car, Branscomb located a shell casing. Branscomb advised defendant of his Miranda rights (Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694, 86 S.Ct. 1602]), which he declined to waive, and transported him to Los Angeles. During the drive, defendant, without being informed of any specific details of his arrest, asked why he was being charged with attempted murder arid claimed he was not in Compton on the day of the shooting. e. Forensic Evidence Los Angeles Sheriffs Department firearms identification specialist Edward Robinson testified that a bullet fragment found in the Célica that Eldridge had been driving was consistent with a bullet fired from an AK-47. The bullet recovered by the coroner’s office from Williams’s brain likely had been fired from an AK-47 or SKS rifle. Robinson was unable to compare the bullet found in the Célica with the bullet found in Williams’s brain because the bullets were damaged. f. Cause of Death Forensic pathologist and chief physician for the Los Angeles County Department of Coroner Lakshmanan Sathyavagiswaran testified that Ava Williams died of a gunshot wound to the head. The bullet traversed her left cheek and entered her nose before coming to rest in the right front portion of her brain. The bullet jacket was located in the base of her skull. Given the damage to Williams’s face, the bullet might first have hit something else, such as the car’s window. Williams’s wounds were consistent with a high-powered rifle. Dr. Sathyavagiswaran testified Earl Solomon died of a gunshot wound to the head, suffering subarachnoid hemorrhage with massive laceration. The wound was caused by a high-velocity weapon, such as a rifle. g. Gang Expert At the time of defendant’s trial, Compton Police Sergeant Reginald Wright served in the department’s gang homicide unit. Wright described the structure of Black street gangs in Los Angeles, the different categories of gang membership, the rivalries between Crips and Bloods and between various Crip sets, and the concept of “payback,” or retaliation, between gangs. Wright described the Santana Block Crips as a violent street gang whose hardcore members wear the letters “SBC” on their caps, belt buckles and jackets, or who may have tattoos referring to the gang. Formerly allies with the Atlantic Drive Crips, the Santana Block Crips became embroiled in warfare with them, involving retaliatory shootings, over a bad narcotics deal. Wright knew defendant by his gang moniker Potato Head and knew he was a member of the Santana Block Crips. In Wright’s opinion, the murders were gang motivated. Wright also testified that gang members are reluctant to testify against one another, even regarding a shooting of the witness’s own “homeboy” by a member of an opposing gang, because they generally prefer “handling their own business” to involving the police. 2. Defense Case a. Eyewitness Testimony Curtis Jones was in Kelly Park at the time of the shootings. Jones was a longtime member of the South Side Compton Crips, allies of the Atlantic Drive Crips. Before the shooting, Jones saw a beige Cutlass and a black Regal being driven past the park; a man Jones knew as Chico (Brian Owens), was chasing the cars in another vehicle. Jones then heard seven or eight gunshots and hid behind a tree for protection. He got only a quick glimpse of the cars as they passed and did not see any of the occupants. Jones did not immediately inform police of his observations and admitted having spoken to defendant while they were both incarcerated in the Los Angeles County jail. Jones acknowledged having previously been convicted of a felony (joy riding). James Randle, a “retired member” of the Compton Neighborhood Crips (also known as In Hood) testified he saw the shooting in Kelly Park. He remembered seeing a man in a white car apparently pulling an AK-47 back into the car through the passenger window. The man had brown skin and a blue rag covering his face from the nose down. Randle was friends with defendant and believed the person in the white car had darker skin than defendant. Randle did not come forward with this information until after speaking with defendant in jail. Randle acknowledged having previously been convicted of felonies. Unuva Miller also witnessed the shooting at Kelly Park. At the time of the shooting, Miller was near the park on Caldwell Street. She saw a beige car and a black car drive down Caldwell Street. She believed the cars might have been Buicks, Monte Carlos, or Cutlasses. One of the individuals in the beige car was carrying a rifle, but she could not identify the person other than to say he was wearing a black hat. Although Miller had known defendant for five or six years, she did not recognize him as the individual with the gun. Miller testified despite having been threatened by the Atlantic Drive Crips, who accused her of setting up the shooting because she had had a child with a Santana Block Crips member. Miller admitted, however, she was so focused on getting her daughter out of the park that she might not have observed all of the cars involved. Private investigator Arthur Runnels testified Timothy Martin told him that a person in the Cadillac shot through the driver’s side window and that he was unable to identify the shooter. Joseph Widby was a longtime member of the Atlantic Drive Crips and was friends with Earl Solomon. Widby was in the park at the time of the shooting. He heard gunshots and saw a person leaning out of the window of a white Cadillac holding what appeared to be an AK-47. Widby saw that one of the other passengers in the Cadillac was holding a .45-caliber gun and both individuals were aiming their guns at the park. Widby saw Brian Owens driving a black car behind the Cadillac. Widby had known defendant for several years and testified that he was not the man holding the AK-47—his hair was longer than defendant’s and he was skinnier and lighter skinned than defendant. Widby also denied there was a gang war between the Atlantic Drive Crips and Santana Block Crips, instead claiming the story of the feud had been fabricated by police. Widby testified he would not lie for defendant and did not want an innocent man to be charged with a crime. In addition, Widby testified he was concerned his testimony might offend Solomon’s parents because he had been friends with Solomon. Widby also admitted speaking with defendant while incarcerated. Widby acknowledged he was, at the time he testified, serving a 10-year term in a federal prison in Petersburg, Virginia, on a conviction of being a felon in possession of a gun. b. Police Incompetence The defense sought to establish that the police investigation of the offenses was marred by error. Hermetta Harper, recalled by the defense, testified that Timothy Martin told her what he had seen, but that she did not inform the police until two or three weeks before trial. Compton Police Officer Ronald Thrash testified he responded to Kelly Park within five minutes of the shooting. Thrash spoke with Terry Fennell at the scene and, according to Thrash, Fennell told him he was standing on the southwest comer of Caldwell Street and Butler Avenue at the time of the shooting, contrary to Fennell’s testimony that he crossed to the north side of the street when the shooting occurred. Thrash also admitted he made a mistake in his report as to the location of Earl Solomon’s body. District attorney investigator Adam Khan accompanied the prosecutor, Mark Ashen, to Oregon to interview Gary Lomax. Lomax described to Khan and Ashen a white or green Chevrolet as being involved in the shooting. Lomax’s signed statement, drafted by Khan, stated the car was white. Khan admitted he had mistakenly failed to indicate the car could have been green. 3. Prosecution’s Rebuttal Los Angeles County Deputy Sheriff Michael Winter testified that while working at the Los Angeles County Men’s Central Jail, he was assigned to monitor the gang modules. For a period in 1991, defendant and Curtis Jones were housed in the same module. Deputy Winter further testified that inmates housed in the same modules have access to each other’s cells and can spend time together in group areas. He was unsure whether defendant and Jones were ever released to the common areas at the same time. B. Penalty Phase 1. Prosecution’s Case Bruce Bromley testified that, on January 28, 1990, he was incarcerated at Los Angeles County’s Wayside Honor Rancho. On that date, Bromley placed a cup of juice on the table where defendant was sitting, and defendant brushed the cup off the table. Bromley told defendant he did not know defendant owned the table. Defendant stood up and looked at Bromley, then sat down again. As Bromley walked away, he was punched from behind. The blow landed on the right side of his face and he was knocked almost unconscious and fell to the ground. As he came to, defendant said, “Don’t you ever talk that way to me again,” then walked away. The right side of Bromley’s face became swollen and he had a black eye. Bromley ácknowledged he had suffered two grand theft convictions. Brett Homick testified that, on February 19, 1990, he was incarcerated at Wayside Honor Rancho. When Homick walked behind the jail’s lunch area that afternoon, a blanket was put over his head and he was beaten; $5 was stolen from his sock. After Homick removed the blanket, he saw defendant mnning away. Homick sustained a broken nose, but did not report the assault. Between 3:00 and 4:00 the next morning, Homick saw defendant and three other inmates attack a Caucasian inmate lying in the bunk next to Homick. One of defendant’s cohorts beat the victim’s head with a table squeegee and then, with the help of defendant and the other inmate, pulled the victim off his top bunk and went through his pockets, “taking what they could from him.” The victim was bleeding from his head and face and was convulsing, and his eyes rolled back in his head. About two minutes later, defendant and his cohorts pulled another Caucasian inmate from his bunk by the hair, again beating the victim and going through his pockets. Homick acknowledged he had suffered felony convictions for possession of stolen property, attempted robbery, burglary and sexual assault. The prosecution introduced evidence of defendant’s January 28, 1990 conviction for misdemeanor battery upon Bromley. The prosecution also introduced defendant’s March 11, 1985, and April 29, 1985 convictions for felony possession for sale of cocaine and his December 3, 1986 conviction for possession of cocaine. 2. Defense Case a. Lay Testimony Defendant’s mother, Mary Louise Cooper, testified she never married defendant’s father or the fattier of defendant’s sister. She provided for her family with government assistance and her salary as a maid. She had a difficult time caring for defendant because she had epileptic seizures and back problems. Cooper’s boyfriend, Devon Williams, moved into the home when defendant was three years old, but he did not make any significant financial contribution to the household because he spent all his money on drugs. Devon Williams died when defendant was 13 years old. Cooper then quit her job and defendant tried to help support the family. According to Cooper, on some days defendant would work instead of going to school. Cooper was aware that defendant began selling drugs at the age of 14 and that he involved himself in gangs after he returned from prison. Cooper explained she sympathized with the parents of the victims, as defendant had once been shot and nearly died. She pleaded, however, for the jury not to sentence defendant to death. Defendant’s uncle, James Walker, testified to his role in defendant’s life. He visited with defendant regularly while he was growing up and never knew him to do anything wrong. He described defendant as a nice boy. Walker never saw defendant involved in any gang activity, and was surprised to hear defendant had been convicted of murder because he was a nice and respectful boy. Walker believed defendant should be spared the death penalty because of his potential to grow and help other people. Defendant’s aunt, Dorotheria Mitchell, testified defendant was a good boy. Mitchell believed defendant was in the situation he was in because he was forced to provide for his family at such an early age. She also explained that the neighborhood where defendant was raised did not provide a good environment. Ailine Jackson testified she had known defendant since he was 12 years old. She described him as a happy and nice child who would help his mother and neighbors with chores. Because defendant often complained of being bored at home because his immediate family engaged in very little recreation, Jackson would allow him to join her family’s activities. Jackson described defendant’s chaotic family life. His stepfather Devon Williams was an unemployed drug addict who used heroin in the house. When defendant was 13 or 14, Williams would send him out late at night to buy his drugs. Defendant’s mother gave her children very little supervision and it appeared to Jackson she put Williams’s needs before the children’s. According to Jackson, after defendant’s mother stopped working, defendant quit school so he could work full time. Jackson saw a change in defendant at this time. When defendant went to prison for selling drugs at the age of 19, Jackson testified, he became “harder” and more arrogant. He explained to her he had to join a gang in prison for protection. Jackson did not believe defendant committed the murders. Anita Masterson, Jackson’s sister, testified she had known defendant from the time he was 10 or 11 years old. Defendant often played at her house with her two sons. She described defendant as being a “good boy” who was polite and helpful. Masterson was surprised by defendant’s previous incarceration because she had thought him to be such a nice boy. Vincent Masterson, Anita Masterson’s son, testified he was a childhood friend of defendant’s. Defendant seemed to care less about his education as he entered high school and had to get a full-time job when he was in the ninth grade. Vincent never saw defendant use drugs, and defendant never tried to sell drugs to him. After getting out of prison, defendant appeared “harder” and “too grown up.” Vincent felt defendant lacked a positive role model. He believed defendant should not be sentenced to death because he had the potential for rehabilitation. Sylvia Stanley, who lived in defendant’s neighborhood, described him as a good child who was liked by everyone. Stanley testified defendant began selling drugs at age 18 or 19, but she did not think he used them. Defendant returned from prison with tattoos and a “thuggish” demeanor. b. Expert Testimony Forensic Psychologist Adrienne Davis interviewed defendant, his family members, and his childhood neighbors, and reviewed probation, parole, and police reports pertaining to the current and previous crimes in order to evaluate his background, mental state, and personality and help explain to the jury how he came to be the person he was at the time of trial. Dr. Davis testified that during defendant’s early years, he was very dependent upon his mother and demanded much of her attention; he did not know his father. Defendant’s family was very poor. Devon Williams entered defendant’s life when he was four or five years old and became his father figure. During this time, social workers sometimes reported that defendant’s house was in disarray and the children were dirty. Devon Williams created inconsistency in defendant’s fife. On one hand, he helped, defendant with his homework and encouraged him to work hard. But on the other hand, he was a drug addict who sent defendant out to buy his drugs. Defendant was upset by Williams’s death and thereafter his schoolwork suffered. Ailine Jackson’s influence was also inconsistent. Defendant respected Jackson and she had a very strong influence on him. But she also used drugs, even in defendant’s home. Defendant became the “man of the house” at age 16 or 17. He felt obligated to care for his epileptic mother and quit school to work full time. When he lost his job, he began selling drugs. Despite having been a nonaggressive child, he was changed by Devon Williams’s death and his experiences in prison. According to Dr. Davis, defendant’s involvement with drugs increased the possibility of his becoming involved in violent behavior. II. Jury Selection Issue Defendant, an African-American, claims the prosecutor used peremptory challenges in a racially discriminatory manner to excuse nine African-American prospective jurors. He thus argues the trial court’s denial of his motion under People v. Wheeler (1978) 22 Cal.3d 258 [148 Cal.Rptr. 890, 583 P.2d 748] (Wheeler) violated his state and federal constitutional rights to equal protection and a representative jury. (Batson v. Kentucky (1986) 476 U.S. 79, 86 [90 L.Ed.2d 69, 106 S.Ct. 1712] (Batson); Wheeler, supra, 22 Cal.3d at pp. 271-272.) A. Legal Standard Both the state and federal Constitutions prohibit the use of peremptory challenges to remove prospective jurors based solely on group bias. (Batson, supra, 476 U.S. at p. 89; Wheeler, supra, 22 Cal.3d at pp. 276-277.) In Johnson v. California (2005) 545 U.S. 162 [162 L.Ed.2d 129, 125 S.Ct. 2410] (Johnson), “the United States Supreme Court reaffirmed that Batson states the procedure and standard to be employed by trial courts when challenges such as defendant’s are made. ‘First, the defendant must make out a prima facie case “by showing that the totality of the relevant facts gives rise to an inference of discriminatory purpose.” [Citations.] Second, once the defendant has made out a prima facie case, the “burden shifts to the State to explain adequately the racial exclusion” by offering permissible race-neutral justifications for the strikes. [Citations.] Third, “[i]f a race-neutral explanation is tendered, the trial court must then decide . . . whether the opponent of the strike has proved purposeful racial discrimination.” [Citation.]’ ” (People v. Cornwell (2005) 37 Cal.4th 50, 66-67 [33 Cal.Rptr.3d 1, 117 P.3d 622], quoting Johnson, supra, 545 U.S. at p. 168; see also Snyder v. Louisiana (2008) 552 U.S. _, _ [170 L.Ed.2d 175, 128 S.Ct. 1203].) Moreover, as Johnson explains, “a defendant satisfies the requirements of Batson’s first step by producing evidence sufficient to permit the trial judge to draw an inference that discrimination has occurred.” (Johnson, supra, 545 U.S. at p. 170.) At step three, “the trial court ‘must make “a sincere and reasoned attempt to evaluate the prosecutor’s explanation in light of the circumstances of the case as then known, his knowledge of trial techniques, and his observations of the manner in which the prosecutor has examined members of the venire and has exercised challenges for cause or peremptorily . . . .” [Citation.]’ ” (People v. Reynoso (2003) 31 Cal.4th 903, 919 [3 Cal.Rptr.3d 769, 74 P.3d 852].) A prosecutor’s reasons for exercising a peremptory challenge “need not be sufficient to justify a challenge for cause.” (People v. Turner (1994) 8 Cal.4th 137, 165 [32 Cal.Rptr.2d 762, 878 P.2d 521].) “Jurors may be excused based on ‘hunches’ and even ‘arbitrary’ exclusion is permissible, so long as the reasons are not based on impermissible group bias.” (Ibid.; see also People v. Box (2000) 23 Cal.4th 1153, 1186, fn. 6 [99 Cal.Rptr.2d 69, 5 P.3d 130].) “[T]he trial court is not required to make specific or detailed comments for the record to justify every instance in which a prosecutor’s race-neutral reason for exercising a peremptory challenge is being accepted by the court as genuine.” (People v. Reynoso, supra, 31 Cal.4th at p. 919.) Inquiry by the trial court is not even required. (See id. at p. 920.) “We presume that a prosecutor uses peremptory challenges in a constitutional manner and give great deference to the trial court’s ability to distinguish bona fide reasons from sham excuses. [Citation.] So long as the trial court makes a sincere and reasoned effort to evaluate the nondiscriminatory justifications offered, its conclusions are entitled to deference on appeal. [Citation.]” (People v. Burgener (2003) 29 Cal.4th 833, 864 [129 Cal.Rptr.2d 747, 62 P.3d 1].) We review a trial court’s ruling at step three for substantial evidence. (People v. McDermott (2002) 28 Cal.4th 946, 971 [123 Cal.Rptr.2d 654, 51 P.3d 874].) B. Factual Background The prosecutor initially used four peremptory challenges, the second through fourth of which were used against African-Americans. After the fourth challenge, defendant made a Wheeler motion. The trial court found a prima facie showing and asked the prosecutor to give his reasons for challenging the three African-American prospective jurors. The prosecutor explained he excused D.H. because of her substantial exposure to gang members while growing up in Compton and her belief that a driveby shooting does not warrant the death penalty. Next, the prosecutor stated he challenged P.H. because she had been an identification witness to a crime and thus might have preconceived notions about the identification issue in this case. The prosecutor also based his excusal on the circumstance that she had a friend in state prison who committed more than one murder, but she did not believe her friend deserved the death penalty. P.H. also indicated she would not vote for the death penalty if it were on the ballot, and she previously had been disappointed with the police. Finally, the prosecutor explained that he excused D.G. because she had been unable to identify the perpetrator of a purse-snatching incident she had witnessed, her brother was a counselor with the California Youth Authority who told her stories about the wards and their troubles, and she expressed opposition to the death penalty. The trial court denied the Wheeler motion, concluding the prosecutor had stated “a sufficient basis of concern as to the three jurors individually and collectively” and finding no indication of “systematic exclusion” of the jurors based on race. The prosecutor then immediately challenged O.K., an African-American woman, and defendant renewed his Wheeler motion. The prosecutor explained that he was concerned O.K. would be overly sympathetic to defendant in light of her employment as a social worker working with abused children. The prosecutor also cited O.K.’s belief that the death penalty should only be applied when the defendant’s guilt is “absolutely certain,” suggesting she would hold the prosecution to a higher standard than the law requires. Finally, the prosecutor suspected O.K. would be sympathetic to defendant in light of her son’s multiple arrests for dealing drugs. The court concluded the prosecutor had stated “legitimate prosecutorial concerns” on an objective basis aside from that of race, and again denied defendant’s motion. After excusing two other prospective jurors, the prosecutor challenged N.B., an African-American woman, and defendant again renewed his Wheeler motion. The prosecutor explained he had challenged N.B. because of her opposition to the death penalty and because her husband had been convicted of manufacturing phencyclidine (PCP), which might render her overly sympathetic to persons in custody. The trial court denied defendant’s motion, finding that a juror’s reluctance to impose the death penalty was a proper basis for a peremptory challenge. After excusing two more prospective jurors, the prosecutor exercised another peremptory challenge against T.S., an African-American man. Again, the defendant renewed his Wheeler motion. The prosecutor stated he excused T.S. primarily because he had grown up in a gang neighborhood and counted many members of the Bloods street gang among his friends. The prosecutor did not want T.S. to substitute his own knowledge of gangs in place of the expected testimony of the gang expert witness. The prosecutor also explained that he was concerned about T.S. because he had been late twice, appeared to be generally immature, and had suggested he might hold the prosecution to too strict a standard of proof. The trial court denied the motion, finding the prosecutor had articulated a nonracial basis for the peremptory challenge. The prosecutor then excused two consecutive African-American prospective jurors and defendant renewed his Wheeler motion after each challenge. As to the first, T.J., an African-American man, the prosecutor explained that he appeared noncommittal and indecisive and repeatedly expressed concern that a defendant could be “set up” or evidence could be withheld, leading to the execution of an innocent person. The trial court concluded the prosecutor’s reasons were race-neutral and relevant to the proceedings, holding there had been no purposeful discrimination. As to the second, G.W., an African-American man, the prosecutor stated he had' excused G.W. because of his belief that an unintentional shooting of an individual would merely constitute an accident and because he would not vote for the death penalty in an election due to his religious beliefs. The prosecutor also noted G.W. seemed strong willed and “very, very” opinionated. The trial court stated, “I am not at this point prepared to find that persons have been excluded systematically on the basis of race and, therefore, the motion is denied.” After excusing one other prospective juror and accepting the jury four times, the prosecutor exercised a peremptory challenge to exclude S.B., an African-American woman. In response to defendant’s renewed Wheeler motion, the prosecutor explained he excused S.B. because she seemed confused, could not get past guilt phase issues in answering voir dire questions, and appeared biased against the death penalty. Finding the prosecutor had articulated “legitimate concerns” regarding S.B., the trial court denied defendant’s motion. The prosecutor excused three more prospective jurors without objection before the jury was accepted by both parties. C. Analysis As the trial court found, and as discussed below, the record supports a finding that the prosecutor did not purposefully discriminate against any of the prospective jurors, either individually or collectively. The record also reflects that the jurors and alternate jurors selected and sworn in this case were a diverse group: Among the seated jurors, four were White, six were Black, one was Hispanic, and one described himself as “Filipino Afro”; among the alternates, three were White and one was Black. These circumstances further support the inference that the prosecutor acted in good faith and without discriminatory purpose in exercising peremptory challenges. 1. D.H. As stated above, the prosecutor justified his challenge to D.H. on the grounds that she had substantial exposure to gang members and believed a driveby shooting does not warrant the death penalty. During Hovey voir dire, D.H. explained she believed in the death penalty in certain circumstances and would have to hear all the evidence to determine whether a death sentence was appropriate in this case. She also expressed her understanding of the gravity of the sentencing decision and said she would not “take it lightly.” She explained, however, that in the case of a gang-related driveby shooting, she might be disinclined to vote for death because “being the age that I am, I hear it. I’m around it. And it—so it’s just different reasons. I guess it could be different reasons why people could do it.” During general voir dire, D.H. said she had gone to school with gang members in Compton and South Central Los Angeles, specifically members of the In Hood, Rolling 60’s, and Compton Crips. She did not, however, like to be around gang activity. D.H. thus had substantial exposure to gangs, resulting in her possible reluctance to impose a death sentence in a case, such as this one, involving a gang-related driveby shooting. This was a relevant, race-neutral reason for the prosecutor to exercise a peremptory challenge against her. A comparative juror analysis does not further defendant’s claim, as none of the seated jurors had similar exposure to gang activity. Defendant compares D.H. with seated juror M.P., an African-American man. Preliminarily, we question whether the comparison of a prospective juror assertedly excused on account of his race with a seated juror who was a member of the same race does anything to further the Batson/Wheeler analysis. In any event, the comparison of D.H. with M.P. does not assist defendant. Although M.P. had some exposure to gang members and gang activity in his capacity as a plumber for the Los Angeles Unified School District, for the prosecutor to afford this experience less weight than he did D.H.’s upbringing in a gang-infested community would have been reasonable. M.P., moreover, did not share D.H.’s apparent bias against imposing the death penalty on facts similar to those in this case. Thus, the trial court’s ruling as to D.H. is supported by substantial evidence. 2. P.H. The prosecutor asserted he challenged P.H. because she had been an identification witness to a crime, she believed a friend of hers was appropriately sentenced to life without the possibility of parole despite having committed multiple murders, she would not vote for the death penalty if it were on the ballot, and she had previously been disappointed with how the police investigated a shooting she witnessed. The trial court’s denial of the Wheeler motion as to prospective juror P.H. is supported by substantial evidence. During Hovey voir dire, P.H. explained she had a childhood friend who was serving a life sentence for murder. This friend had “committed murders on numerous occasions” and “would take a life, you know, for any reason.” She did not, however, feel he deserved the death penalty because of the neighborhood he grew up in, the fact that he came from a single-parent family, and because “this was a common way of life where he lived and where I lived.” She opined these factors did not excuse her friend’s behavior, but contributed to his conduct. During general voir dire, P.H. explained that, two years earlier, she had witnessed a fatal shooting. She reported her observations to police but was never called to testify as a witness. The fact she was never called as a witness indicated to her that the police did not take the crime seriously and that it was “just no big deal to them, you know, just another life.” After witnessing the shooting, she felt sorry for both the victim and the shooter. She also could “relate” to prosecution witnesses because she had been a witness to the shooting, but would not “necessarily” assume prosecution witnesses had greater credibility. P.H.’s voir dire answers thus suggested she might be overly sympathetic to an individual with defendant’s background and might have developed certain biases as a result of witnessing a fatal shooting. Defendant argues the prosecutor’s explanation for his challenge of P.H. was a pretext for racial discrimination, in that he did not challenge other jurors with similar characteristics. Seated Jurors D.G. (a Caucasian woman), and M.P., A.C., and J.L., and seated Alternate Juror F.M. (all African-American men), each had witnessed crimes in the past. Moreover, J.L. and F.M. had expressed complaints about law enforcement. In fact, F.M. had a pending lawsuit against the Los Angeles County Sheriff’s Department for breaking into his residence and holding his family at gunpoint. Further, defendant claims P.H. held views on the death penalty similar to those espoused by a number of non-African-American jurors whom the prosecutor did not challenge. None of these jurors, however; had the combined characteristics of being a witness to a crime and expressing anti-law-enforcement sentiments. More importantly, unlike any of these seated jurors, P.H. had a friend who was imprisoned for murder but she did not believe he deserved the death penalty despite his having committed multiple murders. The trial court’s ruling as to P.H. was supported by substantial evidence. 3. D.G. The prosecutor explained he challenged D.G. because she had witnessed a crime but was unable to identify the perpetrator; her brother was a counselor with the California Youth Authority; and she expressed anti-death-penalty sentiments. Importantly, the prosecutor indicated that “she is the one I’m really concerned about with the identity issue because this happened basically so fast that she couldn’t I.D. because of surprise element [sic]. She may feel that if there’s a surprise element in any particular situation, that that may compromise a witness’s I.D. . . Substantial evidence supports the trial court’s conclusion the prosecutor articulated adequate race-neutral reasons for excusing D.G. In her questionnaire, D.G. indicated that she had been a witness to a purse snatching and that her brother worked for the California Youth Authority. She also indicated she generally did not support the death penalty, she believed the death penalty was used too often, and she did not think California should have the death penalty today. During Hovey voir dire, D.G. stated she was “not for the death penalty,” but could impose a death sentence under the appropriate circumstances. She would vote against the death penalty if it were on the ballot. During general voir dire, D.G. explained that about eight years before defendant’s trial, she was the victim of a purse snatching. She had reported the crime to police but was unable to give an accurate description of the assailant. Her brother was a security officer for the California Youth Authority and he sometimes would tell D.G. “a sad story from an inmate’s point of view.” D.G.’s questionnaire and voir dire answers suggested she would have sympathy toward defendant as a result of the stories her brother had told her about his work with the California Youth Authority, and she was unsupportive of the death penalty. Moreover, D.G. had trouble describing her assailant when she was the victim of a purse snatching, triggering the prosecutor’s valid concern that she might reject the identification testimony in this case. Again, a comparative juror analysis does little to further defendant’s claim. Like D.G., seated Juror M.P. was unable to provide details about a driveby shooting he had witnessed because it happened too fast. In addition, seated Juror C.D.’s mother worked at the Federal Correctional Institution on Terminal Island and seated Alternate Juror P.H. had worked as a jailer in Nevada. None of the jurors, however, shared both characteristics relied upon by the prosecutor in excusing D.G. The trial court’s ruling as to D.G. was supported by substantial evidence. 4. O.K. The prosecutor justified his challenge to O.K. on the basis that O.K. might be too sympathetic to defendant in light of her background in social work, her concern for abused children, and her son’s history of legal problems. In addition, the prosecutor cited O.K.’s unwillingness to impose the death penalty unless she was “absolutely certain” of the defendant’s guilt. In her questionnaire, O.K. stated she had worked for the Los Angeles County Department of Children’s Services and in that capacity had made court appearances on behalf of minor children. She had an associate degree in social welfare and had taken courses in behavioral sciences, such as counseling, psychology, and sociology. She also indicated her third son had been incarcerated. This son had been arrested or charged with crimes many times and had been apprehended for selling narcotics to an undercover police officer. Finally, in her questionnaire, O.K. indicated that the purpose of the death penalty was “to apply when absolutely certain.” During Hovey voir dire, O.K. stated the death penalty is warranted in some cases but not others, and was too seldom used. When asked about her answer in the questionnaire that the death penalty should only be used when “absolutely certain,” she explained she would not apply a standard of “no doubt whatsoever about guilt,” but would apply the law as instructed by the judge. In response to general voir dire questioning, O.K. said her son had been caught several times trying to sell drugs to undercover police officers. She believed her son was still involved in criminal activity but she did not often see him. O.K. also explained that, in her capacity as a children’s service worker for the department of children services, she helped to protect children from abuse and tried to find them compatible homes. On this record, the prosecutor’s concern about O.K.’s ability to remain objective in light of her background as a social worker was reasonable. The prosecutor noted that, based on the defense’s Hovey voir dire, defendant apparently would be presenting evidence of abuse and neglect during his childhood, and O.K. might be overly sympathetic to him as a result. The prosecutor also reasonably might have questioned O.K.’s ability to remain objective in light of her son’s criminal history. The record also provides some support for the prosecutor’s concern that O.K. might hold him to too strict a burden of proof. Moreover, a comparative juror analysis does not reveal purposeful discrimination. Like O.K., seated Jurors A.R. and A.C. had loved ones who had been incarcerated. None of those jurors, however, shared O.K.’s background in social work or expressed a tendency to hold the prosecution to too strict a burden of proof. Because the prosecutor’s reasons for excusing O.K. were race neutral and were borne out by the record, the trial court’s determination was supported by substantial evidence. 5. N.B. The prosecutor assertedly challenged N.B. because of her anti-death-penalty beliefs and because her ex-husband had been convicted of manufacturing PCP. In her questionnaire, N.B. expressed the belief that the death penalty should only be used in “extreme” cases, with the word “extreme” underscored. She also said she believed the death penalty is used too randomly. N.B. disagreed somewhat with the propositions that someone who intentionally kills one or two people should receive the death penalty and that convicted murderers should be swiftly executed. N.B. also revealed in her questionnaire that her ex-husband had been incarcerated in 1982 for burglary and “manufacturing.” During Hovey voir dire, defense counsel asked N.B. how she might sentence a defendant whom she was convinced beyond a reasonable doubt had intentionally killed two people “in cold blood.” She explained that under such a scenario she “would have a tendency to go with life without parole. It would have to be totally extreme for me to go with death.” Upon questioning by the prosecutor, however, N.B. explained that she would be “open” to either sentence in a case where the defendant was convicted of intentionally and deliberately killing two people. As with the other jurors, a comparative juror analysis does not reveal racial discrimination by the prosecutor. Seated Juror D.G. answered questions regarding the sentencing of a defendant who intentionally killed two people without legal justification and not in self-defense by explaining that the issue was not “cut [and] dried” and that she would have to know all of the circumstances. Seated Juror C.D. disagreed somewhat that a person who intentionally kills two people should be sentenced to death because her determination would have to be based on the facts of the case. She also strongly disagreed that convicted murderers should be swiftly executed because she did not “know any facts.” Seated Juror A.G. did not believe all killers should receive the death penalty and disagreed somewhat that a defendant who intentionally kills one or two people without legal justification should be sentenced to death. A.G. also disagreed somewhat with the proposition that convicted murderers should be swiftly executed because he believed defendants should be allowed to exhaust all appeals. Also, seated Alternate Jurors F.G. and P.H. indicated in their questionnaires that they did not fully agree with the proposition that anyone who kills one or two people without legal justification should be sentenced to death, because they believed the sentencing determination should depend on the facts of the case. While these jurors’ answers to the questionnaire contain similarities to N.B.’s answers, none of them expressed in their voir dire testimony the degree of opposition to the death penalty N.B. did. For example, N.B. explained during voir dire that she would likely vote against the death penalty if it were on the ballot and that her death penalty determination might be swayed by her religious beliefs. N.B. also wavered when asked whether she could impose the death penalty on a defendant who had been convicted of intentionally killing two people. None of the comparable jurors held so steadfastly to their anti-death-penalty beliefs under voir dire questioning. In addition, although seated Jurors A.R. and A.C. had family members who had been incarcerated, neither of these jurors also expressed anti-death-penalty sentiments similar to those expressed by N.B. Substantial evidence supports the trial court’s conclusion that the prosecutor had bona fide, race-neutral reasons for excusing N.B. 6. T.S. The prosecutor stated he excused T.S. because he was young, inexperienced, and had extensive exposure to gang members. The prosecutor also was concerned about T.S. because he had been late twice, appeared to be generally immature, and had suggested he might hold the prosecution to too strict a standard of proof. In response to the questionnaire inquiry why crime rates were increasing, T.S. stated it was because “Republicans [were] in the presidency,” an answer deemed immature by the prosecutor. He also explained his belief that the death penalty should be imposed when a defendant had been found guilty “without a shadow of a doubt.” During Hovey voir dire, T.S. was generally supportive of the death penalty, but indicated it should be imposed only if the defendant was found guilty “without a doubt.” T.S. acknowledged during general voir dire that he had had contact with members of the Bloods street gang when he lived in Compton. He admitted to being close friends with some gang members, but insisted he was not involved in gang activity and that his exposure to gangs would not bias him. Neither the court nor the defense challenged the prosecutor’s assertion that T.S. was late to the proceedings twice on the day he was excused. This record provides support for the prosecutor’s conclusion that T.S. was too immature, irresponsible, and potentially biased to serve as a juror in this case. Moreover, a comparative juror analysis is not helpful to defendant here, as none of the jurors accepted by the prosecutor exhibited characteristics similar to those that led him to excuse T.S. Notably, the prosecutor also challenged D.H. in part because of her extensive exposure to gangs. Thus, the record provides substantial evidence to support the trial court’s determination as to T.S. 7. T.J. The prosecutor explained he challenged T.J. because he was noncommittal, expressed some anti-death-penalty views, and was overly concerned about condemning an innocent man. During Hovey voir dire, T.J. expressed the opinion that the death penalty was appropriate only in certain cases, such as the killing of a child. He later indicated he strongly agreed that someone who kills an innocent person should receive the death penalty. He was unsure, however, whether he could vote for death in a case where one person was intentionally killed and another was an innocent bystander. T.J. also stated that in order to vote for the death penalty, he would have to have “no doubt” about the defendant’s guilt and that the defendant should have the right to appeal to “whatever extent” necessary to ensure his guilt. He explained the “no doubt” standard should be applied to the appeal process, but he would not apply that standard at trial. T.J.’s voir dire answers revealed his uncertainty about whether he could impose the death penalty on the facts of this case. His answers were also equivocal as to what standard of proof he believed appropriate in a death penalty case. These answers gave rise to legitimate, race-neutral prosecutorial concerns. Defendant’s claim fares no better under a comparative juror analysis. Seated Juror A.G. expressed his belief that the death penalty should only be imposed when there is no doubt about the defendant’s guilt, and seated Jurors J.P., M.P., and R.R., as well as seated Alternate Juror P.H., all believed in the importance of the appellate process for defendants sentenced to death. None of these jurors, however, exhibited the same equivocation with respect to crucial issues as did TJ. On this record, substantial evidence supports the trial court’s ruling as to TJ. 8. G.W. The prosecutor explained he exercised a peremptory challenge against G.W. because he expressed some opposition to the death penalty, he believed that the unintentional shooting of a victim merely constituted an accident, and he appeared to be too stubborn and opinionated to appropriately participate in jury deliberations. The record supports these relevant, race-neutral concerns. Based on his juror questionnaire and his voir dire testimony, G.W. seemed more supportive of the death penalty than many of the seated jurors. According to his questionnaire, he agreed that the intentional killing of one individual warranted the death penalty, he strongly agreed that a defendant sentenced to death should be swiftly executed, and he strongly believed in the adage “an eye for an eye.” During Hovey voir dire, he explained he would have no problem imposing the death penalty if the crime warranted such a sentence. He also stated he would “probably” vote for the death penalty if the defendant were convicted of a premeditated murder. When questioned, however, about a crime in which one victim was the intentional target and another victim was an innocent bystander, G.W. opined the killing of the bystander would constitute an accident. He also asserted he would make his own penalty decision and would not be swayed by other jurors. Finally, G.W. asserted he could impose the death penalty because it is established law but, due in part to his religious beliefs, he would not vote for the death penalty if it were on the ballot. These views legitimately could cause the prosecutor to excuse G.W. A comparative juror analysis also fails to provide support for defendant’s claim of purposeful discrimination. Most significantly, no other juror accepted by the prosecutor shared G.W.’s belief that the unintentional killing of an innocent bystander would merely constitute an accident. This belief was understandably of concern to the prosecutor in light of the circumstance that defendant would be death eligible only if convicted of murdering both victims. G.W., moreover, was unwilling to vote for the death penalty in an election and the prosecutor had the impression G.W. was too strong willed to fairly serve as a juror. The record therefore provides substantial support for the trial court’s conclusion that the prosecutor did not engage in purposeful discrimination in excusing G.W. 9. S.B. The prosecutor asserted he excused S.B. because she seemed conf