Full opinion text
Opinion GEORGE, C. J. Defendant Ramon Bojorquez Salcido appeals from a judgment of the San Mateo County Superior Court imposing a sentence of death following his conviction of six counts of first degree murder (Pen. Code, § 187, subd. (a)), one count of second degree murder (Pen. Code, §§ 187, subd. (a), 189), and two counts of willful, deliberate, and premeditated attempted murder (Pen. Code, §§ 664, 187, subd. (a), 189). The jury found true a multiple-murder special-circumstance allegation. (Pen. Code, § 190.2, subd. (a)(3).) Defendant admitted the allegations that he personally used a firearm in the commission of counts I (Angela Salcido—murder), IV (Tracey Toovey—murder), and VIII (Kenneth Butti—attempted murder) (Pen. Code, § 12022, former subd. (d)); that he personally used a deadly weapon, a knife, in the commission of counts II (Sofia Salcido—murder), HI (Theresa Salcido—murder), V (Marion Louise Richards—murder), VI (Ruth Bernadette Richards—murder), VII (Marie Ann Richards—murder), and IX (Carmina Salcido—attempted murder) (Pen. Code, § 12022.5); and that he personally inflicted great bodily injury in the commission of counts VIII and IX (Pen. Code, § 12022.7). After the jury determined that defendant’s punishment should be death, the trial court imposed a sentence of death and also imposed sentence on the noncapital offenses. Defendant’s appeal is automatic. (Pen. Code, § 1239, subd. (b).) We affirm the judgment in its entirety. I. FACTS A. Guilt Phase Evidence 1. The prosecution’s case a. The crimes The evidence established that in the early morning hours of April 14, 1989, defendant drove his three young daughters, Sofia, Carmina, and Theresa to an isolated gulch used as a dumping site, where he cut their throats and left them, resulting in the deaths of Sofia and Theresa. Defendant drove to the residence of his mother-in-law, Marion Louise Richards, where he stabbed to death Marion and her daughters Ruth Bernadette Richards and Marie Ann Richards. Defendant returned home, where he shot to death his wife Angela. He proceeded to his workplace at Grand Cru Vineyard, where he shot to death his supervisor, Tracey Toovey, and then drove to the residence of another supervisor, Kenneth Butti, whom defendant shot and injured. The crimes took place within a period of approximately three hours. Prior to 1980, while living in his native Mexico, at 18 years of age, defendant married a young woman who had become pregnant by another man. After giving birth, the woman abandoned defendant for the child’s father. Following defendant’s arrival in the United States that year, defendant moved to Kern County, where he married a second time, to Debra, who bore him a child. When their relationship ended, defendant moved away. The couple did not obtain a divorce. Defendant did not make child support payments. In the mid-1980’s, defendant married his third wife, Angela Richards, who had had a strict Catholic upbringing. They had three daughters, Sofia, Carmina, and Theresa, whom defendant appeared to love very much. Carmina was defendant’s favorite. In early 1987, defendant obtained a job at Grand Cru Vineyard in Sonoma County. Defendant’s job responsibilities included operating the “bottling line.” Tracey Toovey, the assistant winemaker, was defendant’s supervisor. Several months after defendant’s employment began, Kenneth Butti was hired. Butti assumed responsibility for running the bottling line and became defendant’s primary supervisor. Butti believed defendant was a poor employee, and Toovey informed defendant that he needed to improve his job performance. At the time of the murders in April 1989, defendant and his family resided in a small one-bedroom rental home that was part of a duplex at 201 Baines Street in Boyes Hot Springs. Their home was located several blocks from the Sonoma Mission Inn and approximately seven miles from Grand Cru Vineyard. Angela’s parents, Robert and Marion Louise Richards, resided together with their two younger daughters in a rented home at 8393 Lakewood Avenue in Cotati. Defendant was known by acquaintances as a frequent consumer of alcoholic beverages. He enjoyed “fancy” automobiles. Several months prior to the murders, he purchased a Pontiac Trans Am but in January 1989 transferred the vehicle to a friend after it proved difficult for him to make the payments. Defendant also drove a 1981 Buick Skylark. One month prior to the murders, defendant traded the Buick for a Ford LTD. On Tuesday, April 11, 1989, while he was at work, defendant was served for a second time with documents related to his second wife Debra’s efforts to obtain child support, and he informed Butti, his supervisor, of that occurrence. On the following day, Angela Salcido told her neighbor, Connie Breazeale, that defendant previously had been married. Angela laughed about obtaining an annulment of her marriage to defendant. On the evening of Thursday, April 13, 1989, Breazeale observed defendant load several boxes the size of wine cases into the trunk of his vehicle and drive away. After 9:00 that evening, Mark Ondrasek met defendant at McNeilly’s Bar in El Verano, a neighboring community. Defendant sold Ondrasek two cases of sparkling wine that were in his vehicle. Michael Caratti, who recognized defendant from having seen him at several bars, also was at McNeilly’s Bar. At approximately 11:30 p.m., Caratti and defendant went to the latter’s vehicle, where defendant sold him nine bottles of sparkling wine that were in the trunk. Each of the men had cocaine in his possession and proceeded to snort a “line” (less than one-quarter gram). At defendant’s suggestion, they drove to his home, where they ingested additional cocaine with Angela. After 20 minutes, defendant, who did not appear to have difficulty operating the car, drove Caratti back to the bar, where defendant attempted to obtain additional cocaine. The two men ingested the remaining cocaine in their possession. Caratti estimated they consumed a total of approximately one gram of cocaine. Defendant invited Caratti to meet him at the Sonoma Mission Inn to socialize with several women. Prior to 2:00 a.m. on Friday, April 14, 1989, defendant’s friend, Mario Mata, and his wife were asleep in the bedroom of their residence when defendant appeared. Defendant, who smelled of alcohol but did not appear extremely intoxicated, persuaded Mata to attend a party with him. Defendant told Mata that he was leaving the area the next day and that Mata’s brother could move into defendant’s house. Defendant asked Mata for $50 to purchase drugs but Mata refused. They drove to McNeilly’s Bar, but Mata shortly had defendant drive him home. When defendant returned to the bar at 2:15 a.m., he was rejoined by Caratti and a friend, Larry Mateo, who in a separate vehicle followed defendant to the Sonoma Mission Inn. Caratti noticed that defendant did not appear to have any difficulty driving, but Caratti was “messed up” at the time and was unaware of defendant’s state of intoxication. Upon their arrival at the Sonoma Mission Inn, defendant entered the lobby while Caratti and Mateo waited in their vehicle. At approximately 2:50 a.m., Lela Brooks, the receptionist, conversed with defendant, who spoke very softly and “had trouble” speaking English. Defendant did not smell of alcohol or appear intoxicated or under the influence of drugs. He inquired about a reservation, referring to “Grande.” Brooks did not find a reservation listed either for Grand Cru Vineyard or Salcido. A security guard who was out of defendant’s sight line had observed two other men waiting outside and signaled to Brooks, “no.” Brooks then suggested to defendant that he may have confused the hotel with the Sonoma Valley Inn and telephoned that hotel for him. Defendant spoke for several minutes with someone at the other hotel. As defendant walked outside, he spoke with the security guard, who detected a slight smell of alcohol on defendant but did not have difficulty understanding him. Defendant asked the guard the nightly rate to rent a room and, on hearing it was $200, indicated that was “too much.” Defendant drove over to the other vehicle, and after having a short conversation he and the other two men drove off separately. At 5:39 a.m., Angela withdrew $200 in cash from her and defendant’s joint checking account from the automated teller machine at Wells Fargo Bank in downtown Sonoma, a distance of two and one-half miles from the Salcido residence. Angela departed from the bank on foot. That morning, Angela’s parents (Robert and Marion) and her two young sisters (Ruth and Marie) were in their residence on Lakewood Avenue. Robert departed for work prior to 7:00 a.m., and planned to leave directly for New York that evening without first returning home. At approximately the same time, a neighbor, Roy Curtis, saw the Richards family’s Chihuahua barking, shaking, and looking at the Richards residence. Curtis never had seen the dog loose before and knocked on the front door, but no one answered. Curtis heard a man’s voice, which might have come from a radio or television. At 7:00 a.m., the neighbor who resided directly across the street from the Richardses heard a woman’s voice screaming “No, no.” Later the same day, the bodies of Marion and her daughter Marie, who was eight years of age, were discovered lying in the hallway of the Richards home. Marie’s nightgown was pulled above her waist, her underpants were wrapped around one ankle, and her legs were spread apart. The body of Ruth, who was 12 years of age, was found lying facedown in the kitchen. Ruth was wearing a nightgown pulled above her waist; her panties, which had blood on them, were wrapped around one foot, and her legs were apart. A bloody handprint was found on Ruth’s buttock, and additional handprints were on her thighs. In the hallway, a bloody knife was found near Marion’s feet, and two boxes of Federal brand .22-caliber bullets and a box of bandages with blood on it were found nearby. Another box of Federal brand .22-caliber long rifle bullets, which had a fingerprint and blood that proved to be from defendant, was found in the bedroom. Marion’s glasses and her pendant were found on the garage floor. The medical examiner determined that Marion had suffered a blunt force injury to the back of her head sufficient to cause unconsciousness. Marion, Marie, and Ruth each died from blood loss due to cut wounds to their throats. Meanwhile, at 7:14 that morning (as determined from telephone records), a telephone call lasting 30.7 seconds was placed to defendant’s home telephone number from the Richards residence. At 7:30 a.m., Mrs. Ledesma, defendant’s neighbor in the adjoining unit of the duplex where he and his family resided, was outside her residence. At that time, she did not observe defendant’s vehicle. Subsequently, she reentered her own unit. At 8:00 a.m. Ledesma sensed that persons were running inside defendant’s unit, and she heard a shot fired. After hearing Angela shout, “Watch out,” Ledesma heard a second shot. Angela repeated “Watch out,” and Ledesma then heard a third shot. At approximately 8:00 a.m. defendant’s supervisor, Tracey Toovey, left his residence to drive to the winery, a five-minute commute. At 8:20 a.m., Toovey’s body was discovered inside his vehicle on the gravel driveway to the vineyard, which was located approximately seven miles from defendant’s home. Toovey had suffered four gunshot wounds, three to his head and one to his arm. Two bullets recovered from his head proved to be .22 caliber. At approximately 8:15 a.m., defendant drove into the driveway of Kenneth Butti’s residence, located 2.4 miles from the winery. Butti walked up to defendant’s vehicle. Defendant backed his vehicle to within 10 feet of Butti and said, “Hi, how ya doin’.” Butti asked defendant, who appeared normal, “What’s going on, Ramon?” and noticed defendant had blood on his forearms. Defendant turned away briefly and, when he turned back toward Butti, was holding a gun with his hand resting on the open window ledge of the car door. Butti heard intermittent pops and clicks from the gun, and fell to the ground when a bullet hit his shoulder. As defendant drove out of Butti’s yard, Butti’s wife Terri saw from the doorway that the gun was pointed at her and heard a click. Defendant’s eyes were open wide; his gaze was steady, and he appeared alert but had no expression. At 8:26 a.m. (as determined from telephone records), a telephone call lasting one minute and 40 seconds was made from defendant’s residence (eight miles from Butti’s home) to Los Mochis, Sinaloa, Mexico, where defendant’s mother resided. At 8:50 a.m., defendant’s neighbor, Connie Breazeale, observed defendant leave hurriedly in his vehicle. At 9:00 a.m., Lieutenant Ballinger and Sergeant Brown of the Sonoma County Sheriff’s Department arrived at defendant’s residence and discovered Angela’s body in the hallway. Six spent bullet casings were found in the kitchen and the hallway. An ATM receipt, an advertisement for childcare, and $200 in cash were found in her clothing. The medical examiner subsequently removed a .22-caliber bullet from her head. She had suffered three bullet wounds, two to her head and one to her shoulder. At 9:24 a.m. an attempt was made to withdraw $140 from defendant and Angela’s joint checking account at a branch of Wells Fargo Bank in San Rafael. At approximately 10:00 a.m., defendant, wearing a light-colored shirt and jacket and white long pants, purchased a shirt and a pair of light-colored pants at a department store in San Rafael. Defendant did not appear to be intoxicated or in a hurry. At 12:18 p.m., defendant cashed checks made out to him by Mark Ondrasek in purchasing the sparkling wine, as well as another check for $200, at the Wells Fargo Bank at the comer of Van Ness Avenue and California Street in San Francisco. Later that day, the police found defendant’s Ford LTD automobile in a parking lot across the street from the department store in San Rafael. In addition to a bag and a credit card receipt bearing defendant’s name from the department store, the vehicle contained three notes written in Spanish. The first expressed the hope that “Arturo and Richard” would be arrested because they sold cocaine. The second note stated, “Your father loves you very much. We will see each other in God’s other world.” The third said, “Forgive me God, but this law made me do it. My children and I could live better but I was pushed into doing it.” Under the front passenger seat, the police found a .22-caliber semiautomatic handgun with one round in the chamber, and a knife that had a small amount of blood on it. Near the knife were articles of children’s clothing with blood on them and a blanket. Other ammunition and a half-filled bottle of sparkling wine were recovered. At approximately noon on Saturday, April 15, 1989, defendant’s three young daughters were found in the tall grass at the bottom of a 15-foot embankment in a field next to the parking lot at Stagegulch Quarry, which also was used as a dump site, located 6.6 miles from defendant’s residence and 13.5 miles from the Richards residence. Two quarry employees observed the bodies of Sofia and Theresa. Near them, Carmina was sitting up, facing her sisters. Sofia, who was confirmed by postmortem genetic testing not to be defendant’s biological daughter, died from loss of blood caused by three large lateral cuts across her throat that penetrated to her spine—any one of which would have been fatal. She may have survived for an undetermined period of time, especially if her going into shock had arrested the flow of blood. She had suffered a wound to her hand consistent with defensive behavior. Theresa died from loss of blood caused by two lateral cuts across her throat that also penetrated to her spine—either of which would have been fatal. Carmina suffered a large lateral cut across the throat from one side of her jawbone to the other, exposing her voice box and partially detaching her tongue. She apparently remained sitting with her chin supported by her chest for more than 30 hours prior to being found, and because of hunger had consumed some small pebbles during that time. Had she reclined, her tongue could have closed her throat, suffocating her. She had a wound to her hand consistent with defensive behavior. She was extremely dehydrated, in shock, and close to death. She was taken to a hospital emergency room in critical condition and was treated by a team of 20 medical personnel. While being transferred from one bed to another in the hospital, she said, “Daddy cut me.” The knife and the handgun recovered from defendant’s automobile were tested. The knife could have inflicted the wounds suffered by defendant’s daughters. Ballistics analysis of the bullets recovered from the various victims revealed they were fired from the same Sturm Ruger pistol found in defendant’s automobile. A criminalist who tested the weapon discovered that the magazine had a “feeding problem” that caused the first round to “hang up,” which could be dealt with by hitting the bolt or by ejecting the first round. Several unfired rounds were discovered at the crime scenes. Mr. Richards confirmed that the handgun was similar to guns he kept in his home as part of a gun collection he stored with ammunition in a bedroom closet. b. Defendant’s arrest and confession Defendant was arrested on April 19, 1989, at a train station outside Los Mochis, Sinaloa, Mexico. Several minutes after boarding a private airplane for his return to the United States, defendant stated, “I was going to turn myself in. I made a mistake. I’m guilty.” During the course of the flight to Sonoma County, defendant made a full statement in English, confessing to shooting and stabbing the victims. Defendant’s statement was tape-recorded and later transcribed. Sonoma County Sheriff’s Department Detective David Edmonds inquired of defendant as to when he first had considered committing the murders. Defendant believed he first did so on Thursday, April 13, 1989. After being served with child support documents at his workplace, on his return home he and his current wife had argued. Defendant then went to a bar and, during the course of the night, ingested approximately three grams of cocaine and consumed two or three bottles of champagne. When asked whether he had become drunk that night, defendant stated he felt like someone else because he was so out of his mind. Defendant explained that when he returned home and found that his wife had departed, leaving him with the children, he felt that he wanted to kill her. He ingested cocaine and at approximately 5:00 a.m. drove with his children to look for his wife. After about an hour, because he was angry at his wife, defendant decided to kill himself and his children, and at approximately 6:00 a.m. he drove to the quarry, near the county dump. Defendant took each daughter separately to a spot near his parked vehicle, cut the throat of each from behind, and threw each body into the creek. Defendant stated that he then drove to his in-laws’ residence, 30 minutes away, to look for his wife, and observed Mr. Richards drive away. Defendant intended to kill his mother-in-law who, along with his two sisters-in-law, knew that his eldest daughter was not his biological child. When informed that his wife was not at the Richards residence, defendant asked Marion for a screwdriver, walked with her to the garage, and from behind hit her head once or twice with an automobile jack stand. Defendant went back inside the home, where he encountered Ruth. Defendant obtained a knife, grabbed Ruth from behind, and cut her throat. She was not wearing panties, and he observed her buttocks. By this time Marie appeared, asking where her mother was. Afraid she would ask questions, defendant cut her throat. As defendant continued to the front door, Marion appeared in the hallway. Because defendant was concerned that she might telephone the police, he cut her throat. Having cut his finger, defendant removed Marie’s panties to stop the bleeding, and observed her buttocks. Defendant explained that he next proceeded to the room containing Mr. Richards’s firearm collection and took a .22-caliber Ruger automatic pistol. Defendant obtained ammunition from the bedroom and loaded the weapon, accidentally discharging a bullet into the floor. He departed with the weapon, intending to kill himself and his wife. Detective Edmonds told defendant he had heard defendant had a reason to kill his wife. Defendant responded that one of the reasons was that she had not told him that he had not fathered their first child. That had upset him slightly, but he had decided it would be all right. When defendant returned to his and his wife’s residence, his wife said she would summon the police. Because defendant was frightened, he shot her twice in the head; as she raised her hands, defendant shot her once in the temple, hit her on the head with the gun, and shot her again in the head. Defendant also intended to kill himself. Defendant related that as he drank champagne in his vehicle, he decided to kill Tracey Toovey and Kenneth Butti. Defendant drove to work to kill Toovey, who generally arrived one hour earlier than Butti. When Toovey drove into the driveway of the winery, defendant flashed his headlights and Toovey pulled alongside. Defendant approached, telling Toovey he was going to kill him. When Toovey inquired whether this was because Toovey intended to fire defendant, defendant replied, “So you got that in mind already.” Defendant fired but did not recall how many times. Defendant drove to Butti’s residence, where he accused Butti of attempting to take defendant’s job and said he intended to kill Butti. Defendant shot at Butti, who began running. Defendant decided to “forget it” and started to drive home. He did not attempt to shoot Butti’s wife. Defendant telephoned his mother in Los Mochis and reported what he had done and that he intended to kill himself. She requested that defendant first visit her and his sister one last time. Defendant drove to San Rafael. At a gas station defendant noticed blood on his pants and removed them. He drove to a store and entered wearing his shorts, purchased new brown pants and a white T-shirt with his credit card, and abandoned his vehicle with the gun and the knife inside. Defendant took a bus to San Francisco, where he cashed checks received in his champagne sales and withdrew cash from his checking account, traveling by bus to Los Mochis, Mexico, a journey that took several days. c. Alcohol and cocaine use and effects On April 21, 1989, a sample of defendant’s blood was taken and analyzed. No cocaine or other drugs were detected. Forensic toxicologist William Phillips testified it was unlikely that cocaine ingested on April 14 would be detectable in defendant’s body on April 21, but the presence of cocaine or its metabolite may be detected in dried blood. A sample of dried blood collected from the ammunition box found at the Richards home was established to have greater than 100 nanograms (one nanogram equals one billionth of one gram) of cocaine and 40 nanograms of cocaine metabolite per gram of whole blood. Although estimation was very difficult, by extrapolation Phillips estimated that the amount of cocaine in defendant’s body at the time the blood was deposited was 201 nanograms per milliliter. Psychiatrist and clinical researcher Dr. Reese Jones, a specialist in psychopharmacology, testified regarding the effects of alcohol and cocaine consumption. Dr. Jones explained that a cocaine user does not necessarily appear or act intoxicated by impairment of motor performance, and in moderate doses cocaine may enhance mental function, whereas alcohol has the opposite effect. Alcohol and cocaine, although operating in opposite manners on the user, tend to elicit his or her innate behavior and traits. Dr. Jones reviewed the police and toxicology reports, listened to a tape recording of defendant’s confession, and was advised of the foregoing test results of the analysis of the dried blood sample. Dr. Jones stated that if high dosages of cocaine repeatedly had been ingested, he would expect to find 500 to 1,000 nanograms of cocaine metabolite per gram of blood. Dr. Jones also testified that the type of weapon selected by an assailant and the efficiency with which a wound is inflicted tend to indicate the amount of planning involved in an attack. Lying to a victim to induce that person to move to a different spot, such as defendant’s lying to Mrs. Richards, and killing the children one at a time, were acts that were consistent with planning rather than with impulsive or disorganized thinking. Defendant’s ability to travel from one crime scene to another reflected attention, concentration, and planning inconsistent with the mental impairment that would result from heavy drug usage. 2. The defense case a. Defendant’s history and socialization The defense presented testimony regarding defendant’s emigration from Mexico and the various circumstances that frustrated his attempts to assimilate in the United States. Alex Saragoza, an associate professor of history in the Department of Ethnic Studies at the University of California, Berkeley, reviewed the police reports and spoke with defendant on several occasions. Saragoza formed the opinion that defendant exaggerated his own importance, blamed others for his failures, had a poor sense of self, and had low self-esteem. Saragoza found defendant’s social history unusual in several respects. Defendant’s relationship with his family was strained; he left Mexico after threatening to kill his entire family, and moved to Northern California without their assistance. Upon returning to his hometown, he boasted of his achievements in the United States. Defendant’s experience as a Mexican immigrant was atypical: in Sonoma, defendant had many non-Mexican acquaintances and frequented Anglo-American bars. He portrayed his family in Mexico as more affluent and accomplished than were their actual circumstances. According to Saragoza, defendant’s marital history was out of the ordinary. His first marriage, to a woman pregnant by another man, was not typical in Mexican culture. Defendant married a second time, in the United States, and it was unclear whether his wife Debra’s baby was defendant’s biological child. Defendant belatedly learned that his third wife, Angela, had borne a child who was not defendant’s. Angela was an unusual choice as defendant’s marital partner in other respects. She had been educated at home because her family believed the public schools were a bad influence, was taught feminine tasks, and was raised as a strict Catholic. In Saragoza’s view, Angela rebelled by, among other things, marrying a Mexican immigrant, to the displeasure of her family. Angela became more independent during the marriage, behavior that was inconsistent with a wife’s role in defendant’s native culture. At the same time, defendant’s behavior toward his family was inconsistent with the male role in his culture. He treated Angela poorly by, among other things, staying out four or five nights a week in bars until 10:00 or 11:00 p.m. b. Defendant’s job and home environment Defendant’s first job in Sonoma County was at St. Francis Winery in Kenwood. According to his employers, defendant was an able employee who required little supervision. Defendant made a concerted effort to learn English and spoke that language better than most Mexican immigrants. Defendant was neat in his grooming, friendly, got along well, and seemed happy. He strove to become Americanized. According to defendant’s coworkers and friends, defendant was a likeable person who appeared to love his daughters. He was known as a joker or a clown. When defendant started working at Grand Cru Vineyard in early 1987, he was friendly, outgoing, and well dressed and punctual. Defendant’s use of sick leave was minimal in 1987 but steadily increased. Defendant’s fellow employee, David Heilman, who had known him for five years, noted defendant was resentful of Butti, who was prejudiced against Mexican workers. Defendant and Heilman went to bars together (and defendant by himself when Heilman did not accompany him) and drank heavily. In 1987, defendant and Heilman first ingested cocaine, and thereafter used the drug together, in one-quarter to one-half gram amounts, every six to eight weeks. In 1988, defendant began to use cocaine while consuming alcoholic beverages. Defendant, described by Heilman as a “habitual liar,” boasted about being better off than he was in reality. Defendant and Angela obtained a credit card toward the end of 1988, and promptly incurred debt up to the $3,000 maximum. At approximately the same time, defendant purchased a Trans Am automobile that they could not afford. The couple began having difficulty making the payments due on the credit card and the car. By early 1989, defendant relinquished the vehicle to someone else. In the period immediately preceding the murders, defendant’s work attendance became more erratic. Heilman warned defendant that if he did not “straighten up,” he would be fired. Several witnesses who had become acquainted with defendant at various bars or restaurants described his drinking habits. Generally these witnesses spoke well of defendant, stating he treated his wife well and had not been violent. Other witnesses confirmed defendant’s movements on the day prior to and on the day of the murders, and provided details of defendant’s alcohol consumption during that period. Mr. Richards told a sheriff’s deputy that Richards could not understand the killings, because defendant liked Mrs. Richards, who supported her daughter’s wish to marry defendant and had done many favors for defendant. The two families had socialized on the Easter Sunday preceding the killings and had had a wonderful time. Several witnesses testified that following the murders, defendant acted as if his family were still alive. c. Defense experts Pharmacologist and toxicologist Dr. James Meeker analyzed the dried sample of defendant’s blood obtained at the Richards residence and determined the blood contained, at most, 36 nanograms of cocaine per milliliter of blood. Dr. Meeker testified that, using this number to extrapolate back to the time defendant’s blood had been deposited, there would have been 288 nanograms of cocaine per milliliter of blood, an amount consistent with the analysis performed by Phillips, the prosecution’s toxicologist. Dr. Meeker also analyzed the blood sample for the presence of the metabolite benzolecgonine—the cocaine metabolite for which the “vast majority” of laboratories tested, because such analysis produced results more accurate than analysis for metabolites such as methylecgonine. Dr. Meeker detected 6,777 nanograms of benzolecgonine per milliliter of blood. With greater doses of cocaine the ratio of benzolecgonine to methylecgonine increases. In view of the high levels of that metabolite, in Dr. Meeker’s opinion a fairly high dosage of cocaine had been ingested. Dr. David Smith, a specialist in addiction medicine, testified regarding the addictive properties of cocaine, the effects of cocaine consumption in combination with abuse of alcohol, cocaine’s propensity to induce paranoid psychosis, and psychopharmacological effects of cocaine on the brain, including its effect on serotonin levels. Dr. Smith explained that high dosages of cocaine deplete the brain’s neurotransmitters and, in combination with the subject’s inability to sleep, make it more likely that brain function will progress up “the scale of psychosis.” Abuse of alcohol tends to impair or deplete the “inhibitory” neurotransmitter serotonin, which is important in balancing the “excitatory” neurotransmitters that may produce negative impulses. Although the combination of alcohol and cocaine may tend to cancel the opposing effects of each substance on the user’s motor skills, the combination may increase the negative psychiatric effects. Smith testified that average serotonin levels are 123 nanograms per milliliter of blood. The circumstance that defendant had extremely low serotonin levels in December 1989, but normal levels the following June, indicated that defendant’s low serotonin levels most likely were caused by drug abuse rather than genetic predisposition to low serotonin. Clinical psychologist Dr. Francis Crinella, whose subspecialty was neuropsychology, testified he met with defendant on eight occasions between June 1989 and November 1990, reviewed police reports and news accounts, and learned of defendant’s family, criminal, and medical history in Mexico. Defendant did not have any criminal record in that country. Dr. Crinella learned that defendant had had a high fever during infancy, suffered a head injury in a bicycle accident when he was 10 years of age, and received a severe electrical shock during adolescence. Defendant provided Dr. Crinella with varying descriptions of his ailments, indicating an attempt to rationalize his actions and also that he was bright and well organized—characteristics inconsistent with brain damage. Defendant read in the jail’s law library when given the opportunity, and in his jail cell kept books concerning famous criminal cases. Defendant told Dr. Crinella that he killed seven individuals but could not recall having done so. According to Dr. Crinella, defendant was motivated to place himself in a good light in the opinion of his listener. Dr. Crinella reviewed and summarized the results of numerous tests performed upon defendant, including a computerized axial tomography scan, electroencephalogram, magnetic resonance imaging, and neurological and personality testing. The results were generally normal. A neuropsychological test battery that included the Wechsler Adult Intelligence Scale did not reveal the presence of any organic brain dysfunction and established that defendant had an above-average IQ. Dr. Crinella concluded that defendant had a constant and severe paranoid personality. Events in the months preceding the crimes, including defendant’s and Angela’s arrest for welfare fraud in July 1988 and their rapid accumulation of credit card debt to the authorized maximum of $3,000 at the end of the year, as well as the cumulative effects of defendant’s consumption of alcohol and cocaine, the prospect of losing his job at the same time he was required to assume child support payments, and his wife’s increasing independence, in combination adversely influenced defendant’s vulnerable mental state. Dr. Crinella also considered the acutely stressful events that immediately preceded the murders, including defendant’s being refused a hotel room and his return home to find his children alone. Dr. Crinella concluded that between 6:00 a.m. and 9:00 a.m. on April 14, 1989, defendant had a psychotic episode leading to his commission of the crimes. 3. Rebuttal a. Defendant’s prior threats Federal Bureau of Investigation Agent John Johnson testified that several days after the murders, when defendant was still a fugitive, Johnson interviewed Salvador Oseguera Manzo and Bianey Mata, who were working at St. Francis Winery. The two men informed Johnson that at some point Mata had several heated exchanges with defendant after he overstayed his welcome at Mata’s residence and Mata tired of providing defendant with food, beer, and cigarettes. At one point, defendant disclosed to Manzo that he kept several automatic rifles and a pistol in the trunk of his vehicle to “take care of Mata,” should the latter cause defendant problems in the future. Manzo and Mata were very concerned for their personal safety. b. Prosecution experts Neuropsychologist Dr. John Walker reviewed defendant’s transcribed statement and the police reports of the crimes. Based upon that material, Dr. Walker did not believe that defendant suffered from psychosis at the time of the crimes. Upon being re-called, Dr. Reese Jones testified that analysis of an individual’s serotonin levels present in blood was of limited utility. He explained that, among other limitations, serotonin is but one of 80 to 100 different neurotransmitters that interact with one another in the human body, and that analysis of the level of serotonin present in blood is not as accurate or predictive of brain activity as would be analysis of serotonin in spinal fluid or brain tissue. Dr. Jones testified that the results of the December 14, 1989 blood assay of defendant’s serotonin levels reflecting the presence of less than 10 nanograms of serotonin per milliliter of blood suggested errors in testing, because the body requires some level of serotonin to function. Although low levels of serotonin may indicate a history of mental disturbance or cocaine use, an abnormally low level of serotonin probably would not be attributable to the effects of cocaine last used six months earlier. Having reviewed the police reports, defendant’s statement, and the testimony of Dr. Smith and Dr. Crinella, Dr. Jones also expressed doubt concerning Crinella’s opinion that defendant suffered a psychotic episode during the period in which he committed the crimes. Dr. Jones pointed out that during this period, defendant did not display catatonic stupor or excitement, hallucinations or illusions, psychotic delusions, incoherence, or extremely disorganized behavior. The jury reached its verdict on October 30, 1990, finding defendant guilty of the offenses as charged, with the exceptions that defendant was found guilty of second degree murder of Marie Ann Richards and was acquitted of attempted murder of Mrs. Butti. The jury found true the multiple-murder special-circumstance allegation. B. Penalty Phase Evidence 1. The prosecution’s case in aggravation The prosecution presented a photograph depicting the body of Marie Ann Richards, together with foundational testimony from Detective David Edmonds establishing that the position in which her body was found indicated she had been sexually molested. Marie was found lying on her back with her nightgown pulled above her waist, her knees and lower legs spread wide apart, and her underpants wrapped around one ankle. The body had blood smears near the pelvis. 2. The defense case in mitigation Defendant’s mother, Valentina Armendariz, described defendant’s youth and family life. Defendant, 29 years of age at the time of trial, was one of seven children. He suffered severe pneumonia at one month of age. Defendant enjoyed school, but when his father died in 1975, it was necessary for defendant to leave school, having received only nine years of education. While growing up, defendant had many friends and got along well with his family. Defendant worked at various jobs and at times contributed to the family’s finances. Defendant’s mother testified that defendant had a temper, as had his father. On one occasion, defendant became angry with his sister and destroyed her bed. On another, defendant wanted to use a “locked” telephone at his mother’s residence. His mother asked him to use another, unlocked, telephone in the home, but defendant repeated his request and hit his brother in the face when the latter asked defendant to calm down. Defendant’s mother and his younger brother did not remember defendant threatening to kill his family. Shortly after that incident, defendant moved to the United States. Later, defendant occasionally telephoned his mother and visited her, accompanied by his wife and children. Sonoma County Sheriff’s Detectives David Edmonds and Larry Doherty traveled to Mexico to investigate defendant’s background and interview those who had known him in that country. The detectives ascertained that defendant did not have a criminal record. His childhood neighbors did not report anything negative about defendant, and his former employers provided letters of recommendation. As noted earlier, before 8:30 a.m. on April 14, 1989, defendant made a telephone call to his mother and informed her that a tragedy had occurred; he had killed his wife, and he was going to be killed or was going to kill himself. Defendant told his mother that he had left his children with a friend. Three days later, defendant appeared at his mother’s house, crying and appearing anguished. Defendant asked to see his grandmother and sister before surrendering. Subsequently, defendant sent his mother a letter in which he accepted responsibility for his actions, expressed doubt that his first daughter was his own, and commented that nothing had worked out for him with his first and second wives. A correctional officer at Sonoma County jail testified that defendant was a good inmate. A former prison warden testified that defendant’s record indicated he would not be a danger if he were sentenced to life in prison without the possibility of parole. A postal employee from defendant’s community testified that defendant was pleasant, cheerful, very religious, and had nice things to say about everyone. The defense also displayed 10 samples of defendant’s drawings. The penalty phase commenced on November 5, 1990, and the parties concluded the presentation of evidence on November 13. After three days of deliberations, the jury returned a verdict of death on November 16. The trial court declined to modify the verdict and imposed a sentence of death on December 17, 1990. II. DISCUSSION A. Asserted Errors Affecting the Guilt Phase of Trial 1. Effect on California jurisdiction of defendant’s seizure in Mexico Defendant contends that because he was a citizen of the Republic of Mexico, he was not subject to seizure in Mexico by law enforcement officials of the United States and California governments. Defendant urges that in obtaining custody of him by falsely representing to Mexican government officials that defendant was a citizen of the United States, American officials violated the terms of the extradition treaty between the United States and Mexico, as well as international law, and as a consequence California forfeited its jurisdiction to prosecute him. According to defendant, the state is required to release him to the custody of law enforcement officials in Mexico, whose legal system does not prescribe a death penalty for any crime, and whose official policy is not to extradite an individual sought for criminal prosecution by another nation having criminal laws that prescribe the death penalty for certain crimes. a. Factual and procedural background On December 12, 1989, defendant moved to prohibit the prosecution from seeking the death penalty on the basis that, in requesting defendant’s return to the United States for prosecution, American law enforcement officers intentionally circumvented the extradition procedures of the Extradition Treaty Between the United States of America and the United Mexican States. (Agreement of May 4, 1978, 31 U.S.T. 5059, T.I.A.S. No. 9656, entered into force Jan. 25, 1980 (Extradition Treaty or Treaty).) Defendant asserted that American officials sought to forestall an attempt by the Mexican government to invoke article 8 of the Treaty, which provides that the requested party may refuse extradition unless the requesting party furnishes assurances that its death penalty laws will not be imposed. The prosecution opposed the motion on the basis that only the Mexican government is a party to the Treaty with standing to complain of a violation. Defendant urged in reply that, inasmuch as the Mexican government participated in defendant’s illegal arrest and detention, it could not object to a treaty violation. The trial court conducted a series of hearings and granted defendant several continuances to pursue further discovery in this matter. Defendant also unsuccessfully applied to obtain commissions to examine foreign witnesses— the subject of defendant’s fourth claim below. (See post, at pp. 130-132.) On August 1, 1990, defendant moved to preclude application of the death penalty, this time on the theory that the penalty violated international law. Defendant relied upon testimony and other evidence concerning the circumstances of his arrest in Mexico and return to the United States presented at the hearings held in connection with these motions, the substance of which is recounted below. In seeking custody of defendant, officials in Sonoma County consulted with officials of the offices of the California Attorney General and the United States Attorney regarding matters of formal and informal extradition, and received the assistance of several other government agencies in this country and in Mexico. On April 18, 1989, Sonoma County Sheriff’s Detective David Edmonds was apprised that defendant was in Mexico, and Edmonds subsequently learned from a Drug Enforcement Administration (DEA) agent in Mazatlan, Mexico, that defendant had been taken into custody in that city. Los Angeles Police Department (LAPD) Officers Moya and Arturo Zorilla (head of the Latin American Fugitive Unit), whose areas of expertise included international custody, informed Sonoma County officials that the Mexican government might formally extradite, informally expel, or prosecute defendant, and would require certain documents from any American officials who sought custody. Having been apprised that authorities in Mexico likely would not extradite defendant, Sonoma County officials did not seek formal extradition. Based upon their consultants’ advice, Sonoma County officials prepared two information packets. The larger packet was to be provided in the event the Mexican government would not extradite or otherwise release defendant to American law enforcement officers for prosecution in the United States. The packet included a copy of a 1986 Immigration Visa and Alien Registration form designating defendant a Mexican national, and a letter dated April 19, 1989, prepared by Sonoma County District Attorney Gene Tunney, requesting that the Mexican government prosecute defendant as a Mexican national for the murders. The smaller packet contained information concerning the murder case against defendant and identifying him, including his place of birth but not his nationality. In Mexico, meanwhile, DEA Supervisor Edward Heath, then stationed at the American Embassy in Mexico City, had been apprised that defendant was wanted for murder in the United States and was currently in Mexico. DEA Agent Joseph Martinez, stationed in Mazatlan, provided this information to Heath prior to and following defendant’s arrest near Los Mochis by the Mexican Federal Judicial Police, which took place in the presence of Agent Martinez. Defendant was transported to Mazatlan in a convoy of vehicles. DBA Agent Martinez rode in another vehicle. Heath learned from several communications with his agents and with Assistant Attorney General of the Republic of Mexico, Javier Coelho Trejo (second in command at that office), that defendant had identified himself to the federal magistrate in Mazatlan. Although the magistrate was prepared to expel defendant immediately, and Coelho Trejo “did not want someone like that in their country,” officials arranged for defendant to be transported (in the company of the federal judicial police and DEA Agent Martinez) to Mexico City to make positive identification. On April 20, 1989, Sonoma County Sheriff’s Detectives Edmonds, Doherty, Mike Brown, and Frank Trejo, and LAPD Officers Moya and Zorilla flew on a borrowed private aircraft to Mexico City. Detectives Edmonds and Doherty and DEA Supervisor Heath met with Coelho Trejo, who told them defendant had signed documents attesting that he was a citizen of the United States. Coelho Trejo also related that he had observed defendant make a statement “to the public” on television that he was a United States citizen and wanted to be returned to the United States. Heath testified that the Americans presented a package to Coelho Trejo that included all of the charges, defendant’s fingerprints, his application for an immigrant visa, and other information. Coelho Trejo retained the package, stating he would discuss the matter with his superiors and make a final determination whether to “informally extradite” (or expel) defendant, “or, if it was determined that he was a Mexican citizen possibly he would not be expelled.” Heath testified that in negotiating the terms of defendant’s release and transfer, Heath and Coelho Trejo both assumed defendant was an American citizen. Heath believed that was the case, because defendant had resided and worked for several years in the United States, had a Social Security card and a driver’s license, and had children and a permanent residence in California. Detective Edmonds told Heath defendant was an American citizen. Heath testified that, had Coelho Trejo realized defendant was a Mexican citizen or national, it would have been difficult for him to surrender defendant to the American authorities. Approximately three hours after the foregoing meeting, the American agents were informed by the Mexican officials that their government had decided to expel defendant, and that the Americans would be permitted to return defendant to Sonoma County. During the hearings on defendant’s motions to preclude the death penalty because of asserted treaty and international law violations, the trial court considered the testimony of Supervisor Heath, Detectives Edmonds, Trejo, Doherty, Brown, Officer Zorilla, and District Attorney Tunney. Defendant also furnished documents that included the statement of an official in the Mexican Attorney General’s office disclaiming knowledge of any written documents executed by defendant in Mexico, and commenting it was highly unlikely such a document existed because defendant had been expelled from that country. The trial court determined that only a party government may assert a violation of the terms of the Treaty, that the government of Mexico did not seek to invoke the protections of the Treaty or request that defendant not be subject to the death penalty, and that defendant did not appear to have standing to object to any violation of the terms of the Treaty. The court also rejected the claim based on international law, and denied defendant’s motions as well as his application for an additional commission and a continuance. Defendant sought relief by filing a petition for a writ of mandate, which was denied by the Court of Appeal. b. Analysis In furtherance of the mutual goal to “cooperate more closely in the fight against crime,” under the 1978 Extradition Treaty, the United States and the Republic of Mexico each is required to extradite any person whom the other nation is seeking, has charged, or has convicted of certain offenses within its borders. The Treaty mandates extradition for enumerated willful acts, including murder or manslaughter, that are subject to punishment by the laws of each nation party for a maximum sentence of one or more years. (Art. 2, subd. (1).) The requested party is required to grant extradition if the person “is a national of the requesting Party, and that Party has jurisdiction under its own laws to try that person.” (Art. 1, subd. (2)(b).) Article 8 of the Treaty provides: “When the offense for which extradition is requested is punishable by death under the laws of the requesting Party and the laws of the requested Party do not permit such punishment for that offense, extradition may be refused unless the requesting Party furnishes such assurances as the requested Party considers sufficient that the death penalty shall not be imposed, or, if imposed, shall not be executed.” (Italics added.) Article 9, subdivision (1) provides that a nation party is not “bound to deliver up its own nationals,” but the executive authority of that party may do so at his or her discretion, if not prohibited by the party’s laws. Subdivision (2) provides that if the national is not extradited, the requested party “shall submit the case to its competent authorities for the purpose of prosecution.” In United States v. Alvarez-Machain (1992) 504 U.S. 655 [119 L.Ed.2d 441, 112 S.Ct. 2188] (Alvarez-Machain), the high court interpreted the Treaty as not defeating federal jurisdiction to prosecute a foreign national abducted abroad for the purpose of prosecution. Following the defendant’s indictment for kidnapping and murdering a DEA special agent, the DEA orchestrated the defendant’s forcible kidnapping in Mexico to enable his prosecution in the United States. The Mexican government protested. The district court and the circuit court of appeals both ruled that forcible abduction of a Mexican national “with the authorization or participation of the United States” violated the Treaty and, in view of Mexico’s formal objection, defeated jurisdiction and required dismissal of the indictment. (504 U.S. at pp. 657-659.) In reversing the lower courts, the high court compared two early, nearly contemporaneous precedents. In United States v. Rauscher (1886) 119 U.S. 407 [30 L.Ed. 425, 7 S.Ct. 234], the court determined the effect of Great Britain’s surrender of a British national to the United States for prosecution pursuant to an extradition treaty. The court held that “a person who has been brought within the jurisdiction of the court by virtue of proceedings under an extradition treaty, can only be tried for one of the offences described in that treaty, and for the offence with which he is charged in the proceedings for his extradition . . . .” (Id. at p. 430.) In contrast, in Ker v. Illinois (1886) 119 U.S. 436 [30 L.Ed. 421, 7 S.Ct. 225] (Ker) the court considered the effect on jurisdiction of forcible abduction in Peru of a non-Peruvian national (without objection from Peru) for the purpose of prosecution in the United States. The court held that “forcible abduction is no sufficient reason why the party should not answer when brought within the jurisdiction of the court which has the right to try him for such an offence . . . .” (119 U.S. at p. 444; see Alvarez-Machain, supra, 504 U.S. at pp. 659-666.) The high court in Alvarez-Machain observed it has “ ‘never departed from the rule announced in [Ker] that the power of a court to try a person for crime is not impaired by the fact that he had been brought within the court’s jurisdiction by reason of a “forcible abduction” .... There is nothing in the Constitution that requires a court to permit a guilty person rightfully convicted to escape justice because he was brought to trial against his will.’ ” (Alvarez-Machain, supra, 504 U.S. at pp. 661-662; see Frisbie v. Collins (1952) 342 U.S. 519, 522 [96 L.Ed. 541, 72 S.Ct. 509] [concluding Michigan had jurisdiction to prosecute a defendant abducted in Illinois by Michigan officers, because “due process of law is satisfied when one present in court is convicted of crime after having been fairly appri[s]ed of the charges against him and after a fair trial in accordance with constitutional procedural safeguards”].) In Alvarez-Machain the defendant contended the rule in Ker, recognizing jurisdiction to prosecute despite abduction from a foreign country, did not apply, because the federal government was involved in his abduction and Mexico objected to his prosecution. In considering whether the defendant’s abduction defeated jurisdiction, the high court stated that if the abduction did not violate the terms of the Treaty, the rule in Ker applied “and the court need not inquire as to how [the defendant] came before it.” (Alvarez-Machain, supra, 504 U.S. at p. 662.) The court observed that the Treaty does not discuss “the obligations of the United States and Mexico to refrain from forcible abductions of people from the territory of the other nation, or the consequences under the Treaty if such an abduction occurs.” (504 U.S. at p. 663.) Further considering the language in historical context, the high court held the Treaty does not prohibit abductions when formal extradition is not sought. “Article 9 does not purport to specify the only way in which one country may gain custody of a national of the other country for the purposes of prosecution. In the absence of an extradition treaty, nations are under no obligation to surrender those in their country to foreign authorities for prosecution. [Citations.] Extradition treaties exist so as to impose mutual obligations to surrender individuals in certain defined sets of circumstances, following established procedures. [Citation.] The Treaty thus provides a mechanism which would not otherwise exist, requiring, under certain circumstances, the United States and Mexico to extradite individuals to the other country, and establishing the procedures to be followed when the Treaty is invoked.” (Alvarez-Machain, supra, 504 U.S. at pp. 664-665.) The high court next analyzed whether “the Treaty should be interpreted so as to include an implied term prohibiting prosecution where the defendant’s presence is obtained by means other than those established by the Treaty.” (Alvarez-Machain, supra, 504 U.S. at p. 666.) The court found the legislative history did not reflect an intent to prohibit “abductions outside of its terms,” and the Treaty does not prohibit abduction “when the nation from which the defendant was abducted objects.” (504 U.S. at pp. 666-667.) Thus, jurisdiction was not defeated by the abduction “regardless of the offensiveness of the practice of one nation to the other nation.” (Id. at p. 667.) The high court also noted that international law, which clearly prohibits international abductions, does not govern extradition treaties and thus does not affect interpretation of the Treaty. (504 U.S. at p. 668.) “[T]o infer from this Treaty and its terms that it prohibits all means of gaining the presence of an individual outside of its terms goes beyond established precedent and practice” and would require an inferential leap with respect to international law. (Id. at pp. 668-669.) Because the defendant’s abduction did not violate the Treaty, Ker was applicable and the defendant could be tried in this country for violations of its criminal laws. (504 U.S. at p. 670.) In the present case, no proceedings under color of the Treaty were commenced when defendant was apprehended. As federal and state court decisions repeatedly have held, an individual lacks standing to challenge an asserted violation of an international treaty if the sovereign who is a party to the treaty does not protest. (See, e.g., U.S. v. Emuegbunam (6th Cir. 2001) 268 F.3d 377, 389-390; U.S. v. Jimenez-Nava (5th Cir. 2001) 243 F.3d 192, 195 & fn. 3; Rodriguez v. State (Fla.Dist.Ct.App. 2002) 837 So.2d 478, 481; Commonwealth v. Diaz (2000) 431 Mass. 822, 827 [730 N.E.2d 845, 850].) Far from protesting defendant’s seizure and rendition, Mexico willingly, if not enthusiastically, accommodated defendant’s request to return to California in light of the avowal of United States citizenship he made on live television in Mexico. (See ante, at p. 122; see also Case Concerning Avena and Other Mexican Nationals (Mexico v. United States of America) 2004 I.C.J. 128 (Judg. of Mar. 31, 2004) [Mexico recognized that at the time of his arrest, the defendant asserted his U.S. citizenship].) In the absence of an objection on the part of Mexico, defendant as an individual may not question the validity of his seizure under the Treaty. (Alvarez-Machain, supra, 504 U.S. at pp. 668-670; Ker, supra, 119 U.S. 436, 444.) Even if we were to assume for the sake of argument that American law enforcement officers obtained custody of defendant from Mexican authorities by intentionally misrepresenting he was a citizen of the United States and that, had the Mexican authorities believed defendant was a Mexican national, they would have objected to a transfer of custody, as the high court in Alvarez-Machain