Full opinion text
Opinion CANTIL-SAKAUYE, C. J. A jury convicted William Lester Suff of the first degree murders of Kimberly Lyttle, Tina Leal, Darla Ferguson, Carol Miller, Cheryl Coker, Susan Stemfeld, Kathleen Milne (also known as Kathleen Puckett), Sherry Latham, Kelly Hammond, Catherine McDonald, Delliah Zamora (also known as Delliah Wallace), and Eleanor Casares (Pen. Code, §§ 187, subd. (a), 189), and one count of attempted murder of Rhonda Jetmore (Pen. Code, §§ 664, 187). The jury found true the special circumstance allegations that defendant was convicted of more than one offense of murder in this proceeding, and that defendant intentionally killed each of the homicide victims while lying in wait. (§ 190.2, subd. (a)(3), (15).) The jury also found true the allegations that defendant personally used a deadly and dangerous weapon, a knife, within the meaning of sections 12022, subdivision (b) and 1192.7, subdivision (c)(23), in the commission of the murders of Leal, Miller, Coker, McDonald, and Casares. After defendant waived his right to a jury trial on the special circumstance allegation that he had suffered a prior conviction for murder, the trial court found the allegation to be true. (§ 190.2, subd. (a)(2).) Following the penalty phase of the trial, the jury returned verdicts of death with respect to each of the 12 murder convictions. The trial court denied defendant’s application to modify the death penalty verdict to life imprisonment without the possibility of parole (§ 190.4, subd. (e)), and sentenced defendant to death with respect to each of the 12 murder convictions. The court also sentenced defendant to life with the possibility of parole with respect to the attempted murder conviction, and to a total of five years with respect to the findings that he personally used a deadly and dangerous weapon in the commission of five of the murders. This appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment. I. FACTS A. Guilt Phase Evidence 1. Prosecution case Defendant’s victims abused drugs and worked as prostitutes in Riverside County. The homicide victims were killed between June 1989 and December 1991. All of his victims were asphyxiated, four of the victims also suffered stab wounds to the chest, and the right breast of three of the victims had been excised. Hairs, fibers, tire tracks, and shoe impressions connected defendant with the homicide victims, and each of these types of evidence was associated with more than one victim. The victim of the attempted homicide identified defendant as her assailant, and a friend of homicide victim Kelly Hammond identified defendant as the person driving a van that Hammond entered the evening she disappeared. A knife found in defendant’s van had blood on it that was consistent with the last homicide victim’s and not consistent with defendant’s. Testing of DNA found on or near nine victims reflected matches to defendant. Personal items belonging to three of the homicide victims were found at defendant’s worksite, in his wife’s jewelry box, and in the possession of acquaintances to whom he had given them. Defendant had repeatedly expressed his hatred of prostitutes, and had stated to one person that he thought that prostitutes should be killed. a. Attempted murder of Rhonda Jetmore In January 1989, Rhonda Jetmore was seated on a bench on Main Street in the City of Lake Elsinore (Lake Elsinore), “hoping to encounter a date.” A man drove a station wagon alongside the curb near where she was sitting, and confirmed that he was looking for a “date.” He moved a box containing files of papers from the front passenger seat to the backseats, where there were more papers, and she entered his vehicle. He told her his name was “Bob,” they agreed on a price of $20 for “straight sex,” and she directed him to a nearby vacant residence. Once inside, Jetmore requested prepayment for her services. The man handed her a bill and, using her flashlight, she determined it was a single dollar. Before she could say anything, he grabbed her around her neck with both hands, pushed her down, and began choking her. As he choked her, she looked at his face, and also noticed his belt buckle, which had “Bill” spelled on it. She felt she was losing consciousness, and she believed he was attempting to kill her. When she realized she still had her flashlight, she struck him with it on the side of his head, and he released his grip on her neck. They struggled as she attempted to escape, and his eyeglasses, which had a wire or metal frame, came off. Her assailant agreed to let her leave if she assisted him in finding his glasses. She spotted them with her flashlight, and escaped as he retrieved them. She did not report the assault until she was contacted later in January 1989 by the Riverside County Sheriff’s Department regarding a different matter. She informed a sheriff’s deputy of the name on the belt buckle, and of her perception that the assailant had responded when she called him “Bill.” When she was contacted again in 1992 by the sheriff’s department, she selected defendant’s photograph from a group of six photographs, and she recalled that he drove a light-colored station wagon. She identified defendant at trial, and stated she had no doubt that he was her assailant. At the time of the attack on Jetmore in January 1989, defendant was living with Bonnie Ashley in Lake Elsinore. Ashley identified defendant in photographs in which he was wearing wire-rimmed glasses and a belt buckle with the name “Bill” on it. She kept real estate documents and other papers in her vehicle, and defendant sometimes drove her vehicle, which was a white station wagon. b. Murder of Kimberly Lyttle Kimberly Lyttle worked on Main Street in Lake Elsinore. On June 28, 1989, her body was discovered in a rural area near Lake Elsinore. Among the clothes on her body were socks and a shirt that did not appear to be hers. The cause of death was asphyxiation due to strangulation. In her neck area were numerous scratches that appeared to have been caused by fingernails, both of the person compressing her neck and by the victim trying to free herself. There was bmising on the skin and in the muscles of her neck, and a hemorrhage and fracture of the hyoid bone. In addition, hemorrhaging in her scalp was indicative of blunt force trauma, and round red abrasions on her arms and other parts of her body were indicative of cigarette bums. Two kinds of tests were performed on DNA found in a vaginal swab from Lyttle’s body: restriction fragment length polymorphism (RFLP) and polymerase chain reaction (PCR). No results were generated by the RFLP test. PCR testing on the male fraction of DNA established one type that matched defendant. The probability of finding that type would be one in nine in the Black population, one in 11 in the White population, and one in five in the Hispanic population. The small amount of DNA available prevented further testing. On a towel draped over Lyttle’s body were hairs that were similar to defendant’s head hair, and pubic hair similar to defendant’s pubic hair. Also on the towel were fibers similar to the carpeting, the sidepanel upholstery, and the seat fabric in defendant’s van. Other fibers on the towel were similar to the blue nylon exterior, the red acetate lining and the white nylon insulation of a sleeping bag found in defendant’s van. Sisal rope fibers found on the towel were similar to the sisal rope found in defendant’s van. c. Murder of Tina Leal On December 13, 1989, Tina Leal’s body was discovered in the Lake Elsinore area on a dirt road that was not well traveled. A T-shirt that did not belong to her was on her body. The cause of death was asphyxiation due to ligature strangulation and stab wounds to her heart. She had hemorrhaging within her neck and eyes, and abrasions on her neck from a ligature. She had four stab wounds to her chest inflicted antemortem, two of which penetrated three to four inches and into her heart. She also suffered numerous other antemortem injuries, including injuries to her lip and chin consistent with being hit, a black eye, an incised or “cutting” wound to her left breast, lacerations or “splitting injuries” to her vagina, probably caused by blunt force, and a stab wound to the pubic area. Around her wrists and ankles was redness indicative of a binding ligature. A General Electric Miser 95-watt light bulb was found inside her uterus; the bulb apparently entered through the vagina and cervix. General Electric Miser 95-watt light bulbs were found in defendant’s apartment. Hairs found on one of her socks and on the body bag in which she was transported from the crime scene were similar to defendant’s head hair. Fibers found on the T-shirt were similar to carpet fibers in the two units of an apartment building in which defendant lived from March 1987 until mid-1988 and beginning again in March 1989. Fibers on the T-shirt were similar to the red acetate lining of the sleeping bag and the gold acrylic fabric that covered a pillow found in defendant’s van. Fibers found in her hair and on her clothing matched a sisal rope in defendant’s van. In April 1990, defendant gave one of his female friends a pair of red-and-white cloth tennis shoes. A fiber found on Leal’s sock was similar to the fibers of the tennis shoes, and purple-brown acrylic fibers found on the T-shirt on Leal’s body were similar to fibers found on the tennis shoes. In addition, a hair found in the shoes was similar to Leal’s hair. There were tire tracks on the shoulder of the road near Leal’s body. Two tire tracks were consistent with a Yokohama 382 tire, and one tire track was consistent with an Armstrong Ultra Trac tire, which were the types of tires defendant had on his van at the time of this homicide. d. Murder of Darla Ferguson Darla Ferguson’s nude body was discovered on January 18, 1990, near a dirt road in the Lake Elsinore area. Her body was posed, with her legs up and her arms positioned crossing her upper torso. The cause of death was asphyxiation due to strangulation. She had hemorrhaging in an eye and in the skin of her lips; abrasions on her neck; bruising in the skin and muscles of her neck; hemorrhaging in the thyroid cartilage of the neck; scratches on her neck consistent with fingernail marks; and bruising under her jawbone, possibly due to strangulation and possibly from blunt force injury. Her tongue was protruding and bitten between her teeth, which was indicative of asphyxia. In addition, she had hemorrhaging under her scalp, which was consistent with a blunt force trauma, and she had ligature marks on her wrists. Male DNA found in the vaginal swab from Ferguson’s body was analyzed by RFLP and PCR testing. Both analyses reflected that the DNA was consistent with defendant’s DNA. The combined frequency with which the results of these two analyses would appear is one in 34,000 among Blacks, one in 154,000 among Whites, and one in 8,500 among Hispanics. A hair found on Ferguson’s arm was similar to defendant’s head hair. Fibers found on her body were similar to the red acetate lining, the white nylon insulation, and the white acrylic insulation of the sleeping bag in defendant’s van. A rope removed from her body and individual sisal rope fibers found on her body were similar to a rope found in defendant’s van. A paint chip found on her chin was similar to paint chips found on a later victim, Carol Miller. On the edge of the roadway in front of the area where her body was found were tire tracks from a single vehicle that were consistent with an Armstrong Ultra Trac and a Yokohama 382, the types of tires defendant had on his van at the time of this murder. e. Murder of Carol Miller Carol Miller was last seen on February 6, 1990, on University Avenue in the City of Riverside (Riverside), entering a small blue automobile with a White male. On February 8, 1990, her nude body was discovered in a grapefruit grove in the Highgrove area of Riverside County. The cause of death was five antemortem stab wounds to the chest, three of which penetrated her heart. She also exhibited signs of asphyxia, including hemorrhaging in her eyes, eyelids, lips and gums. The tissue that attaches the upper lip to the gum was tom, a condition that was consistent with being struck in the face and also with struggling while being smothered. There were ligature marks around her wrists. Male DNA found in the vaginal swab from Miller’s body was analyzed by RFLP and PCR testing, and both analyses reflected that the DNA was consistent with defendant’s DNA. The combined frequency with which the results of these two analyses would appear is one in 234,000 among Blacks, one in 1,000,000 among Whites, and one in 55,000 among Hispanics. A shirt partially covered her face. A hair found on the shirt was similar to defendant’s head hair, and a hair found in her pubic area was similar to defendant’s pubic hair. Fibers found on the shirt were similar to the red acetate lining, the white nylon insulation, and the blue nylon exterior of the sleeping bag in defendant’s van, and to the van’s carpet and dark fabric on the van’s seats. Fibers found on the shirt and in her pubic area were similar to fibers in the rope found in defendant’s van. Paint chips on the shirt were similar to a paint chip found on Darla Ferguson. Tire track impressions consistent with Armstrong Ultra Trac tires and Yokohama 382 tires were found near the body. Track widths—the distance between two front tires or two back tires—of some of the tire impressions were consistent with Armstrong Ultra Trac tires being on the front and Yokohama 382 tires being on the back of defendant’s van, which was the location of the tires when he purchased the Armstrong Ultra Trac tires. f. Murder of Cheryl Coker Cheryl Coker was last seen by her husband on October 30, 1990, as she walked to University Avenue in Riverside to engage in prostitution. On November 6, 1990, her nude body was found in a dumpster located in an industrial area of Riverside. The cause of death was ligature strangulation. On her neck was a single thin ligature mark that was so deep in the front that it cut through the skin. Fingernail marks on her neck were consistent with someone trying to grab the ligature. Due to decomposition, the medical examiner could not identify petechial hemorrhage, but the reddish-brown color of the eyes probably indicated hemorrhaging. There was hemorrhage in the soft tissue under the ligature mark, and there were bruises on her forearms and on the backs of her legs. Her right breast had been excised postmortem, and was found approximately 30 feet away from the dumpster. RFLP testing on DNA on a used condom found near her feet reflected five matches to defendant. The frequency of this combination of matches was one in 540 million Blacks, one in one billion Whites, and one in 150 million Hispanics. Fibers from her pubic area were similar to the carpet in defendant’s van and to the rope found in his van. A hair from her pubic area was similar to defendant’s head hair. Shoe impressions found in the vicinity of the dumpster could have been made by a pair of ProWings tennis shoes owned by defendant. g. Murder of Susan Stemfeld Susan Stemfeld was last seen on December 19, 1990, at approximately 2:00 p.m., looking to “turn a trick” on University Avenue in Riverside. On December 21, 1990, her nude body was found in an enclosure for a dumpster in an industrial area in Riverside. The cause of death was strangulation. There were hemorrhages in her eyes and eyelids and in the muscles of her neck, abrasions on her neck, and a fracture in her larynx. RFLP testing on DNA from a vaginal swab reflected five matches to defendant. The matches were the same as found in the sample from the condom at the Coker crime scene. As noted above, that DNA profile appears in one in 540 million Blacks, one in a billion Whites, and one in 150 million Hispanics. Fibers found on the victim’s body were similar to defendant’s van’s carpet, upholstery, and seat fabric, the rope found in the van, and the red acetate lining of the sleeping bag found in the van. h. Murder of Kathleen Milne, also known as Kathleen Puckett Kathleen Milne worked on University Avenue in Riverside. Her sister last saw her on January 18, 1991. Her nude body was found the next day adjacent to a dirt road in the Lake Elsinore area. The cause of death was asphyxiation due to strangulation and obstruction of her airway by a white sock that had been stuffed into her mouth. She had hemorrhages in her eyes, mouth, and neck, and a fracture in her larynx. RFLP testing on DNA from a vaginal swab reflected four matches to defendant. The frequency of this combination of matches was one in 16 million Blacks, one in 23 million Whites, and one in 13 million Hispanics. A fiber from her hair was similar to the carpet in defendant’s van. A tuft of yam recovered from the sock in her mouth was similar to fabric on the seats of defendant’s van. One of the tire impressions found off the roadway and in the direction of her body was consistent with an Armstrong Ultra Trac tire, the type of tire that was on defendant’s van, and was also consistent with tire impressions at the Leal, Ferguson, and Miller crime scenes. i. Murder of Sherry Latham Sherry Latham worked on Main Street in Lake Elsinore. Her nude body was found on July 4, 1991, in a field in the Lake Elsinore area. The cause of death was strangulation. There was hemorrhaging in the muscles of her neck and a fracture in her thyroid cartilage, but decomposition made it difficult to identify other injuries. A hair found on Latham was similar to hair from defendant’s cat. Fibers found on her were similar to the red acetate lining inside the sleeping bag in defendant’s van and fibers from a rope in defendant’s van. j. Murder of Kelly Hammond Kelly Hammond was last seen on August 15, 1991, working on University Avenue in Riverside. On the evening she disappeared, her friend, Kelly Whitecloud, was also working as a prostitute on University Avenue. Whitecloud entered a van that pulled up beside her, and the man inside agreed to pay her $20 for sexual services. Because Whitecloud was hungry, the driver first took her to a McDonald’s restaurant, and then they returned to his van. In the van, they argued because he wanted to take her to “the orchards” and she wanted to go to her motel room. In addition, he said he would pay her only $10 because he had purchased food for her. She told him she wanted to get out, but he refused to stop the van, so she jumped out while it was moving. The van drove half a block farther and picked up Kelly Hammond. Whitecloud yelled to Hammond not to go, but Hammond left in the van and never returned. Hammond’s nude body was found on August 16, 1991, in an alleyway in an industrial area of the City of Corona. Her body had been posed, with her face down, her right arm under her abdomen, her left arm bent at the elbow with the palm of her hand facing upward, her left leg drawn up into her chest area, and her right leg extended outward. The cause of death was strangulation, with acute opiate intoxication also contributing. She had hemorrhages in her eyes and mouth, lacerations on her forehead, and abrasions on her face. Abrasions on her wrist were consistent with a restraint. A linear injury on the back of her neck and an abrasion on the front of her neck could have been inflicted with a ligature. There were four areas of hemorrhage that were caused by compression on her neck. RFLP testing on DNA from a vaginal swab reflected two matches to defendant. PCR testing on the DNA also reflected one match to defendant. The frequency of the combination of the two matches from the RFLP testing and the match from the PCR testing was one in 7,000 among Blacks, one in 18,000 among Whites, and one in 4,000 among Hispanics. A hair from Hammond’s body was similar to hair from defendant’s cat. Fibers found on her body and in her hair were similar to fabric on the seats, fabric in the upholstery, and the carpeting of defendant’s van. A fiber from her body was similar to the red acetate lining inside the sleeping bag in defendant’s van. At trial, the manager of the McDonald’s restaurant identified defendant as the man with Whitecloud the evening Hammond disappeared, and Whitecloud identified defendant as the driver of the van that picked up Whitecloud and then Hammond. Whitecloud described the van as “bluish gray” with “grayish” carpeting. She recalled that it had two “captain’s chairs” in front and one in back, and something that looked like a Bible on the center console. When shown a variety of vans by a police investigator the day after Hammond disappeared, she identified an Astro model van as the most similar to the van she had seen. When defendant was arrested in January 1992, he was driving a Mitsubishi van. The manufacturer’s description of the van’s color was “Ascot Silver,” and defendant’s ex-wife, Bonnie Ashley, described it as gray. In the van’s glove box was a “Notice to Appear” that had been issued to Kelly Marie Hammond a week before she was last seen alive. A black appointment book was found in the van, and two captain’s chairs were found in defendant’s apartment. k. Murder of Catherine McDonald Catherine McDonald worked on University Avenue in Riverside. Her daughter saw her for the last time on September 12, 1991, when she left their apartment that evening, supposedly to go to the store. On September 13, her nude body was found near a dirt road in a remote location in the Lake Elsinore area. Her body was posed, with her legs spread apart, her feet together, and her arms extended outward from her body. The cause of death was neck compression and multiple sharp force injuries. There was hemorrhaging in her eyes, abrasions on her neck, and a large cut wound on her neck that penetrated through the muscle, the trachea, the left jugular vein, and the left carotid artery. There were three stab wounds to her chest, two of which penetrated her heart. The stab wounds to the chest and the wound to the neck were inflicted antemortem. There was bleeding in the neck, separate from the bleeding associated with the neck wound, which was evidence of compression to her neck. Her right breast had been excised postmortem. There was a stab wound and four cut wounds to her genitalia; the stab wound and two of the cut wounds were inflicted antemortem. RFLP testing on DNA from a vaginal swab reflected one match to defendant. That match would be found in one in 115 Blacks, one in 250 Whites, and one in 119 Hispanics. Fibers from McDonald’s hair and body were similar to the red acetate lining of the sleeping bag, the white nylon insulation of the sleeping bag, the acrylic fabric of the gold pillow found in defendant’s van, and fabric on the seats in defendant’s van. Hairs found in her pubic area and in her vagina were similar to defendant’s pubic hair. Hairs found in McDonald’s head hair were similar to the hair on defendant’s cat. A hair found in the back of defendant’s van was similar to McDonald’s hair. Tire impressions were found on the dirt road, and shoe impressions were found in the immediate vicinity of her body. The shoe impressions could have been made by a pair of Pro Wings tennis shoes owned by defendant. The tire impressions were consistent with a Yokohama 382 tire on the right rear wheel and Yokohama 371 tires on the front wheels. When defendant’s van was impounded in January 1992, a comparison of its front left tire, a Yokohama 371, was made with a tire track left at the McDonald crime scene, and the features and wear pattern were similar. The model of tire on the left rear wheel of the vehicle associated with the impression at the crime scene was not identified before defendant’s van was impounded, but it was subsequently determined that the left rear tire of his van, a Dunlop SP32J, could have made that impression at the McDonald crime scene. The track width and the wheel base of the tire impressions were consistent with a Mitsubishi van. Defendant was employed by Riverside County as a stock clerk at the county’s supply warehouse. He usually worked and took breaks at the packing table at the end of aisle 6. A box on a shelf at that packing table contained three purses, one of which contained an identification card with the photograph of a Black woman and the name McDonald on it. 1. Murder of Delliah Zamora, also known as Delliah Wallace Delliah Zamora worked on University Avenue in Riverside. Her body was found on October 30, 1991, near a freeway interchange in Riverside County. The cause of death was strangulation. There were hemorrhages in her eyes, eyelids, and neck, and abrasions on her neck, perhaps caused by fingernails. Her larynx was crushed, an injury that requires “an extreme amount of pressure.” PCR testing of DNA from a vaginal swab reflected a match to defendant. Fibers on her clothing were similar to the red acetate fibers in the lining of the sleeping bag, a fiber from her wrist was similar to the sisal rope, and fibers from her shirt and hair were similar to the gold pillow found in defendant’s van. In early November 1991, defendant gave his wife, Cheryl Suff, a blue denim “Levi” purse, telling her that his boss had found it. Cheryl did not want the purse. Also in November 1991, he gave a blue denim “Levi” purse to his neighbor, Vivian Swanson, telling her it had been Cheryl’s, but Cheryl no longer wanted it. Sometime later in November, defendant gave Swanson a gold bracelet he claimed he had purchased. The “Levi” purse recovered from Swanson had belonged to Zamora. The gold bracelet belonged to Zamora’s niece, who had left it at Zamora’s house. Two rings found in defendant’s wife’s jewelry box had belonged to Zamora. In the supply warehouse where defendant worked, a small purse containing citations issued to Zamora for prostitution and drug offenses was found in a box hidden on a shelf under the packing table at the end of aisle 6, where defendant typically worked. Another box on a shelf of the packing table at the end of aisle 6 contained the three purses, one of which had belonged to Zamora and which contained earrings that were hers. Zamora had a habit of carrying smaller purses inside a larger purse. A blouse belonging to Zamora was found on a shelf of the packing table at the end of aisle 7. m. Murder of Eleanor Casares Eleanor Casares worked on University Avenue in Riverside. Her sister last heard from her in the morning on December 23, 1991. At approximately 1:00 p.m., her nude body was found near a dirt road in orange groves. The cause of death was strangulation. There were abrasions on her neck, hemorrhages in her eyes and eyelids, a fracture in her thyroid cartilage, and a fracture and bleeding in her hyoid bone. There was a stab wound in the middle of her chest, which also would have been fatal. One of her breasts had been excised postmortem, and was found approximately 40 feet from her body. Human blood on a knife found in defendant’s van was type A. A pinkish-white substance, which may have been fatty tissue, on the knife was tested to determine the type of its phosphoglucomutase (PGM) enzyme, and it was determined to be a PGM type 2+1-. The blood and PGM types matched Casares’s, and did not match defendant’s. This combination of blood type and PGM type appears in 1.2 percent of the Black population, 1.8 percent of the White population, and 1.9 percent of the Hispanic population. Additional DNA testing reflected that the blood was consistent with Casares’s and not with defendant’s. A hair from Casares’s clothing was similar to defendant’s head hair. Hairs taken from her clothing and body were similar to defendant’s pubic hair. Hairs found on her body were similar to hairs from defendant’s cat. Hairs in defendant’s van were similar to Casares’s hair. Fibers on her clothing were similar to the fibers of numerous items in defendant’s van: the carpeting, a green blanket, the gold pillow, the red acetate lining and white nylon insulation of the sleeping bag, and the sisal rope. Shoe impressions where Casares’s body was found could have been made by the Converse shoes defendant was wearing when he was arrested on January 9, 1992. Tire impressions at the location were consistent with the Yokohama 371 tire, the two Uniroyal Tiger Paw XTM tires, and the Dunlop SP32J tire on defendant’s van at the time he was arrested. Defendant gave the jeans that Casares was wearing on December 22, the day before her body was found, to a cousin of one of his neighbors. He gave the sweater she was wearing on December 22 to the agent who rented out apartments in defendant’s apartment complex. An identification card with a photograph of a Mexican woman and with the name Casares on it was found in a purse in a box on a shelf of the table where defendant usually worked. On December 23, 1991, defendant had scratches on his face that were “thick” and “looked like claw-like marks.” During his interrogation on January 10, 1992, defendant admitted that on December 23, his van was on the avenue next to the orange groves, he had left his shoe impressions in the orange groves, and there was a body in the groves, but he denied putting the body there. n. Defendant’s animosity toward prostitutes In 1984, defendant told his brother, Robert Suff, that he hated prostitutes. In August 1989, the 14-year-old daughter of the property manager at defendant’s apartment complex and some of her friends dressed up like “Barbies,” and asked defendant to judge who was the prettiest. Defendant said that the girls who were wearing makeup looked like “goddamn prostitutes.” On another occasion, defendant became agitated about four women living with a man in the apartment complex, and said the women were “whores.” In 1990, when a friend of defendant’s stayed at his apartment for four to six weeks, defendant talked to her about prostitutes almost every night, and he commented that they needed to be killed because they were sluts. Defendant raised the subject of the ongoing prostitute killings five or six times with James Dees, a correctional officer, who came to the Riverside County supply warehouse to pick up supplies. In December 1991, defendant told Dees that he thought the person who was killing prostitutes was “going to clean the place up.” 2. Defense case Defendant impeached prosecution witnesses and presented evidence to rebut various aspects of the prosecution’s case. He also presented two experts who challenged the probative value of the DNA evidence. Defendant impeached various witnesses with prior convictions and inconsistencies or omissions in their statements or in their recollections. For example, in 1989, Jetmore told a detective that her assailant’s belt buckle was silver, and in 1992, she told a detective it was gold colored; in 1991, the manager of the McDonald’s said he could not remember the man who was with Whitecloud the evening Hammond disappeared, but he identified defendant at trial; in 1992, Whitecloud said she “tumbled out” of the van and landed on her feet, not that she fell on her stomach; and defendant’s brother, Robert Suff, who testified for the prosecution, had been convicted of a misdemeanor and three felonies. Defendant presented evidence related to a wide variety of other points. For example, his evidence reflected that on December 19, 1990, defendant’s timecard reflected that he worked from 7:00 a.m. to 4:30 p.m., hours that would have made it difficult for him to have encountered Stemfeld, who was last seen around 2:00 p.m. that day; on July 2, 1990, the last time Latham’s boyfriend saw her, she was entering a black Nissan Maxima; on August 15, 1991, the day Hammond disappeared, she was seen being picked up around midnight by a man in a blue pickup truck; on December 23, 1991, the day Casares’s body was found, a waitress saw her get into a light blue tmck with two young men at about 9:00 a.m. on University Avenue in Riverside; on December 23, 1991, defendant was home when Cheryl Suff woke up at 9:00 a.m. or 10:00 a.m., and she recalled telling a detective that she thought she had defendant’s van that day, but that she was not certain she had it; defendant was nice to prostitutes, although he did not like prostitutes who “were chasing drugs 24 hours a day”; and defendant’s brother, who testified that defendant had told him at Bonnie Ashley’s house that he hated prostitutes, may not have ever been at Ashley’s house. With respect to the physical evidence, defendant elicited testimony from a prosecution expert that sisal fibers in general are very similar, and that if another sisal rope were purchased, the expert probably would not be able to distinguish its sisal fibers from the fibers at issue. In addition, testing to determine the PGM type of semen found on vaginal swabs from the bodies of Ferguson, Puckett, Hammond, and McDonald revealed PGM types that were consistent with these victims’ respective PGM types, and not consistent with defendant’s PGM type, but based on the low to moderate levels of sperm that were present in the swabs, it was more likely that the PGM types discerned were from the victims’ vaginal secretions than from the sperm. Defendant presented two witnesses who challenged the validity of the prosecution’s DNA statistics. Laurence Mueller, an expert in population genetics and evolutionary biology, criticized the way in which the Federal Bureau of Investigation (FBI) calculates the frequency of particular lengths of DNA generated through RFLP testing. He stated that because frequencies vary among subgroups of broader racial groups, calculating the frequency of a particular combination of results based on the frequencies within a broad racial group will result in an inaccurate answer. Using data from the Mayan population in Mexico and the Surui population in Brazil, Mueller testified that a particular six-locus match appears in one in 37 people in these populations, but the FBI’s techniques would generate a frequency of one in 96 million. He also testified that the FBI’s criteria for determining whether there is a match underestimates, in some cases, the chance of finding a match. Mueller stated that the National Research Council (NRC) has recommended that the criteria be adjusted, but the FBI has not followed that recommendation. He calculated the match probabilities following the NRC’s recommendations, and determined the following frequencies with which the DNA matches in this case would appear: Ferguson, one in 40; Miller, one in 111; Coker, one in 11,000; Sternfeld, one in 6,972; Puckett, one in 6,086; Hammond, one in 50; and McDonald, one in 23. John Gerdes, the clinical director of a company that matches organ donors and recipients for transplants, described ways in which a sample may be contaminated by the presence of more than one type of DNA. First, the sample may begin with more than one source of DNA. Second, in the forensic setting, DNA may be inadvertently transferred from one sample to another as the evidence is manipulated. Third, when DNA is amplified to millions or billions of copies in a laboratory, it becomes easy to contaminate the lab itself with DNA. He testified that in a clinical laboratory, personnel aseptically collect a sample from a known individual, but in his experience, forensic personnel are not trained as well in aseptic technique. Also, a crime scene is not a sterile environment. In Gerdes’s view, contamination problems present an equal chance of false inclusion and false exclusion, and until there are adequate controls to prevent such errors or to identify how often they occur, PGR analysis should not be used in legal proceedings. He noted that the NRC report states that in the context of mixed donors, the analysis cannot identify a major donor and a minor donor. 3. Rebuttal Bruce Budowle, a research scientist with the FBI, confirmed that there are population substructures reflecting differences between subgroups. Studies have been done comparing estimates of frequencies among all of the different databases from around the world, and the data relating to different subgroups does not produce substantially different estimates as long as the subgroups are within the same major category. There may be special circumstances in which the subgroup is an issue, such as an isolated native population in Brazil that does not travel elsewhere, but if that group is not located where the crime was committed, it is irrelevant. In Budowle’s view, the report prepared by the NRC reflected poor science. The report was not peer reviewed before it was published, and criticisms began after its publication. With respect to Dr. Mueller’s calculations, Budowle stated that there is a one in 1,000 chance that two brothers will have five matches, yet Dr. Mueller calculated the frequency of the five matches to defendant found in the Coker and Stemfeld cases as one in 354. He stated that Mueller’s calculation “defies genetics and science.” He also stated that population genetics among fruit flies, which is what Mueller studied, was different from population genetics among humans, who historically have traveled more than fruit flies. In his view, multiplying together the frequency estimation from the RFLP methodology and from DQa results was reasonable. He described the FBI’s procedures as reliable and valid. B. Penalty Phase Evidence 1. Prosecution case The prosecution presented details concerning defendant’s 1973 murder of his baby daughter, evidence that he killed another prostitute in a different county in 1988, evidence related to physical abuse of defendant’s second baby daughter in 1991, and victim impact evidence. With respect to the victims, evidence was presented that Catherine McDonald was four months pregnant. In addition, 16 relatives of 10 of the murder victims testified concerning the impact of the murders on them. (See post, II.C.1.) Evidence concerning the 1973 death of defendant’s two-month-old daughter, Dijanet Suff, in Texas, for which defendant was convicted of murder, reflected that the cause of death was blunt force trauma. Bmises covered most of the front of the infant’s body, and one injury was a human bite mark. There was significant blunt force trauma to the head or severe shaking of the infant. A large quantity of blood in the abdominal cavity indicated a massive injury within the abdomen. Two ruptures of the liver would have required a great amount of force. Multiple fractures to the ribs and a fracture of an arm bone were several weeks old. An abrasion on one foot was consistent with a bum mark. Evidence was presented that in January 1988, defendant killed Lisa Lacik, who used drags and worked as a prostitute in San Bernardino County. Lacik was stabbed to death, and also suffered blunt force trauma to her forehead. In addition, her right breast had been excised. In 1992, Connie Anderson, who saw Lacik get into a vehicle with a man who had offered her $100, identified defendant in a photographic lineup as the person who had picked up Lacik. Evidence was also presented of physical abuse of defendant’s daughter, Bridgette Suff, who was bom in July 1991. Defendant’s wife, Cheryl, returned home one evening in October 1991, when defendant had been caring for Bridgette, and found that the child did not respond as she normally did, and did not open her eyes. A nurse at a hospital advised Cheryl to bring the baby in, but defendant refused, and Cheryl did not have a driver’s license. The baby was admitted to the hospital the next day. A review by a suspected child abuse and neglect (SCAN) team determined that an ankle fracture was likely caused by nonaccidental trauma; four of her ribs had been fractured two to three weeks earlier, and the fractures were of a type consistent with someone grabbing Bridgette and shaking her; and there was widespread swelling of her brain, which would be caused by a whiplash type of injury, and was consistent with someone grabbing a baby and shaking the baby violently. The injuries almost caused Bridgette to die. A houseguest saw defendant, perhaps the weekend before Bridgette was hospitalized, pick Bridgette up and shake her while yelling at her to shut up. 2. Defense case Defendant presented evidence to raise doubt concerning his commission of the Lacik killing and the abuse of Bridgette Suff. In addition, his mother testified concerning his life, several witnesses testified about his childhood, and employers and friends testified about his good qualities. The jury also heard about his conduct while in county jail. Finally, an expert testified about prison life for those who are sentenced to life without the possibility of parole, and concerning defendant’s adjustment to life in prison. With respect to the Lacik killing, a detective testified that Connie Anderson stated that “she didn’t get a really great look” at the man who picked up Lacik. With respect to the abuse of Bridgette Suff, a police sergeant testified that defendant’s houseguest told him that Bridgette would crawl around and bump up against things. Defendant’s mother testified that when defendant was 16 years old, his father abruptly left the family without telling anyone he was leaving, and after he left, he never wrote to them. Defendant helped with his four younger siblings and also worked part time to help the family. After high school, he joined the Air Force and moved to Texas. His girlfriend, Teryl, became pregnant while he was away, but they married, and they gave the baby to defendant’s mother to raise. Thereafter, Teryl gave birth to a son and a daughter. When defendant returned to California after serving 10 years in prison for murdering his daughter, he was more withdrawn. Several other witnesses also testified concerning his childhood, recalling that defendant’s mother had little interest in her children, that defendant took over the father role when his father left, and that defendant was a normal, quiet high school student who did not appear to have any problems with girls. Employers recalled defendant’s excellent computer skills, and described him as enthusiastic, friendly, likeable, and punctual. One couple who employed him trusted him to pick up their child from school, and testified that defendant was afraid of doing anything wrong and going back to jail. Defendant’s supervisor at the county warehouse recalled that he volunteered for social events and was very mindful of his daughter Bridgette. Several people testified that defendant helped them with work and personal chores. During defendant’s time in county jail, he had one “disciplinary marker,” for possession of contraband—a safety pin, a paper clip, and a staple. A nurse at the jail testified that he was always pleasant and polite, and that he spent his time watching public television, reading, and writing a cookbook. James Park, a prison expert, reviewed the grand jury transcripts and defendant’s Texas prison records, and interviewed defendant. He found defendant to be an intelligent person who was realistic about his situation. Defendant did well in the Texas prison system, with only two disciplinary incidents noted during his 10 years, neither of which involved violence. He worked in prison, and also obtained his associate and bachelor’s degrees. Park predicted that defendant “would be an excellent, conforming prisoner, nonviolent, will work as assigned, do what he’s told,” and Park did not expect any problems with defendant. If sentenced to life without the possibility of parole, defendant would be placed in a level IV maximum security prison. In Park’s opinion, defendant would make an excellent adjustment to prison. As a level TV prisoner, his cell would be 60 or 80 square feet, and he would be allowed to have a television, stereo system, and typewriter if he purchased them. He would be allowed to work and to participate in hobbies, and he could purchase personal items from the prison canteen. Defendant could earn a lower security rating; of 1,576 life prisoners without the possibility of parole, 300 to 400 of them were in level III prisons, and two or three were in level II prisons. Finally, Park testified that because defendant killed a baby and 12 women, he was likely to be victimized in prison, and might require protective custody. II. DISCUSSION A. Pretrial Issues 1. Removal of public defender’s office as defendant’s counsel Defendant contends that the trial court’s removal of the Riverside County public defender’s office as his counsel violated his right to counsel under the Sixth Amendment to the United States Constitution and article I, section 15 of the California Constitution. In October 1992, less than nine months after defendant was arrested and more than two years before defendant’s trial commenced, the district attorney moved to relieve the public defender as defendant’s counsel, based upon a conflict of interest arising from the public defender’s prior representation of victims and prosecution witnesses. The public defender had previously represented Rhonda Jetmore, the victim of the count alleging attempted murder, and she was unwilling to waive her attorney-client privilege. The public defender had also represented 18 potential witnesses in 56 matters, and 11 of these individuals executed declarations stating they were unwilling to waive their attorney-client privilege. Prior to filing his opposition, defense counsel indicated that discovery would be necessary to enable the defense to evaluate these individuals’ relationships to the public defender’s office and to this case. The court responded that the content of the witnesses’ testimony was not relevant, and it would be sufficient for the prosecutor to provide a list of potential witnesses, with their addresses and telephone numbers. The court also rejected defendant’s contention that the prosecutor had no interest in who represented defendant and should not be allowed to participate in the proceedings to relieve counsel. In his written opposition, defendant asserted that the public defender’s prior representation of individuals who would be witnesses in the present matter did not automatically give rise to a conflict of interest, absent a threatened disclosure of confidential information. In addition, defendant’s deputy public defender executed a declaration stating that he had represented defendant for more than 10 months, their working relationship was “close and harmonious,” defendant wished counsel to continue representing him, and the Riverside County public defender’s office would not declare a conflict. The deputy public defender also informed the court that he had not personally represented any of the individuals previously represented by the public defender, with one exception—he had made one appearance, not as the attorney of record, in connection with one individual’s failure to appear in court, he did not have contact with that individual, and he recalled no information about the case. Finally, the deputy public defender was not aware of any confidential information relating to the prior representations, and the defense would not use any confidential information. In the event the court found a conflict, defendant urged the court to consider measures other than disqualification of the public defender’s office, such as appointing another attorney to conduct cross-examination of former clients of the public defender’s office. The trial court relieved the public defender, and selected the county’s conflicts panel to represent defendant. The court took judicial notice of the exhibits and the case files in prior criminal actions, and concluded that “38 current and former [deputy] public defenders represented all these individuals in various cases .... At least 25 of those are current [deputy] public defenders in the office.” It also observed that the individual who was the acting public defender until two days prior to the hearing had made appearances in the prior actions, and that the wife of that acting public defender (1) had been counsel in one of the prior actions and (2) had been one of defendant’s counsel until two days prior to the hearing. The court concluded that there had been “confidences, numerous and replete, by the public defender’s office with these various potential witnesses.” With respect to defendant’s willingness to waive any conflicts, the court observed that Jetmore and other witnesses were unwilling to waive conflicts with respect to their prior representation by the public defender. The court stated that there was an actual conflict of interest, and “a potential conflict of interest that is so replete, so staggering, that I think I would be remiss in not granting the motion.” Defendant contends the trial court abused its discretion in finding a conflict of interest, because the court did not determine that relevant confidential information existed or that defense counsel was privy to any confidential information that could be used by the defense. He also contends that the trial court abused its discretion by rejecting less drastic remedies, such as appointing separate counsel for the limited purpose of cross-examining witnesses who previously had been represented by the public defender, and by refusing to accept his offer to waive any conflict. Finally, he asserts that the trial court abused its discretion in allowing the prosecutor to participate in the disqualification proceedings, and the prosecutor’s actions constituted prosecutorial misconduct. As explained below, we find no abuse of discretion in the trial court’s decision to disqualify the public defender’s office and, in any event, any error was harmless. A trial court has inherent authority to “[t]o control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto.” (Code Civ. Proc., § 128, subd. (a)(5).) This power “authorizes a trial court ... to discharge an attorney who has a conflict of interest.” (People v. Noriega (2010) 48 Cal.4th 517, 524 [108 Cal.Rptr.3d 74, 229 P.3d 1] (Noriega).) Generally, a trial court’s decision to disqualify an attorney is subject to review for an abuse of discretion. (In re Charlisse C. (2008) 45 Cal.4th 145, 159 [84 Cal.Rptr.3d 597, 194 P.3d 330] (Charlisse C.).) The trial court took judicial notice of the numerous cases in which the public defender’s office had represented witnesses in this case, and it determined that relevant confidential information existed, stating that there were “confidences, numerous and replete” with respect to the former clients of the public defender’s office, there was an actual conflict of interest, and there was “a potential conflict of interest that is so replete, so staggering, that I think I would be remiss in not granting the motion.” Defendant does not contend that the court’s determinations are unsupported by substantial evidence. (See People ex rel. Dept, of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135,1143 [86 Cal.Rptr.2d 816, 980 P.2d 371] [“the reviewing court should not substitute its judgment for the trial court’s express or implied findings supported by substantial evidence”].) To the extent defendant focuses on the knowledge of the particular deputy public defender assigned to represent him, his challenge relates to the disqualification of the entire public defender’s office. The trial court did not have the benefit of the analysis set forth in Charlisse C., supra, 45 Cal.4th 145, which requires the trial court to consider what screening measures or structural safeguards could protect the former clients’ confidences, and places on the defendant the evidentiary burden to show that confidential information can be screened within the public defender’s office. (Id. at pp. 161-166.) Nonetheless, the trial court inquired of defense counsel what measures could be taken short of recusal of the public defender’s office. In response, defense counsel proposed allowing defendant to waive the conflict and appointing outside counsel to cross-examine witnesses who had previously been represented by the public defender’s office. It also appears that the trial court considered whether defendant’s counsel would become privy to the confidences held by others in the office. The court noted not only the large number of prior cases involving potential witnesses and the numerous deputy public defenders who had been involved in those cases, but also the fact that the individual who was the acting public defender until two days before the hearing had been involved in the defense of the prior criminal actions in which confidences were gained, and that the wife of the individual who had been the acting public defender had been one of defendant’s counsel until two days earlier. (See id. at pp. 163-164 [where the attorney with a conflict has supervisorial or policymaking responsibilities, it is more difficult to isolate an attorney serving under them from information and influences].) In light of the extraordinary number of witnesses and deputy public defenders relevant to the disqualification motion, the trial court’s finding that the potential conflict of interest was “staggering,” and the early stage in the proceedings at which disqualification was sought, we find no abuse of discretion in the trial court’s action in disqualifying the entire office and not appointing separate counsel to cross-examine the numerous witnesses who had previously been represented by that office. For the same reasons, we conclude that the trial court did not abuse its discretion in rejecting defendant’s offer to waive the conflict. (See Wheat v. United States (1988) 486 U.S. 153, 162-163 [100 L.Ed.2d 140, 108 S.Ct. 1692] [“likelihood and dimensions of nascent conflicts of interest are notoriously hard to predict. . .”; trial courts “must be allowed substantial latitude in refusing waivers of conflicts of interest”]; People v. Jones (2004) 33 Cal.4th 234, 240-241 [14 Cal.Rptr.3d 579, 91 P.3d 939].) In any event, assuming the trial court’s procedure did not adequately consider ways to screen defendant’s counsel or other alternatives to disqualification, as we subsequently prescribed in Charlisse C., supra, 45 Cal.4th 145, or that the decision was otherwise flawed, defendant has not undertaken to establish that replacement of his counsel altered the outcome of the trial. Accordingly, “[h]e has not shown a reasonable probability (see Noriega, supra, 48 Cal.4th at p. 525) or possibility (see People v. Brown (1988) 46 Cal.3d 432, 447 [250 Cal.Rptr. 604, 758 P.2d 1135]) that the jury would have reached a different verdict at either the guilt or the penalty phase of the trial had the public defender’s office continued to represent him.” (People v. Thomas (2012) 54 Cal.4th 908, 924 [144 Cal.Rptr.3d 366, 281 P.2d 361].) With respect to defendant’s state constitutional right to counsel (Cal. Const., art. I, § 15), “a trial court does not violate a defendant’s right to counsel under the state Constitution when it ‘removes a defense attorney because of a potential conflict of interest.’ ” (Noriega, supra, 48 Cal.4th at p. 524.) As noted above, the trial court concluded that the potential conflict of interest was “staggering.” Therefore, the trial court’s removal of the public defender as defendant’s counsel in this matter did not violate defendant’s state constitutional right to counsel. With respect to defendant’s rights under the federal Constitution, “ ‘[t]he right to counsel of choice does not extend to defendants who require counsel to be appointed for them.’ (United States v. Gonzalez-Lopez [(2006)] 548 U.S. [140,] 151 [165 L.Ed.2d 409, 126 S.Ct. 2557], italics added.)” (Noriega, supra, 48 Cal.4th at p. 522.) The “replacement of one appointed attorney with another does not violate a defendant’s constitutional right to effective assistance of counsel unless replacement counsel’s representation ‘ “was deficient when measured against the standard of a reasonably competent attorney and . . . this deficient performance caused prejudice in the sense that it ‘so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.’ ” ’ ” (Id. at p. 522.) Defendant does not attempt to show that his new counsel was deficient. Therefore, he has failed to establish a violation of his right under the Sixth Amendment to the effective assistance of counsel. (Noriega, at pp. 522-523; see Thomas, supra, 54 Cal.4th 908, 923-924.) Independent of the merits of the disqualification, defendant claims that the trial court abused its discretion in allowing the prosecutor to participate in the proceedings to disqualify the public defender. In the trial court, defense counsel asserted that the prosecutor should not be a party to the process of determining whether defense counsel should be disqualified, questioned whether the prosecutor should be served with defendant’s responding points and authorities, and requested that the defense be allowed to respond in camera. He also complains that by placing the burden on the prosecutor to establish that disqualification was appropriate, the trial court gave the prosecution the last word on the issue and did not allow defendant to respond further. Defendant attempts to analogize the disqualification process to a Marsden proceeding (People v. Marsden (1970) 2 Cal.3d 118 [84 Cal.Rptr. 156, 465 P.2d 44]), stating that the only substantial difference is that in a Marsden proceeding, it is the defendant who seeks to remove his or her own counsel. But unlike a Marsden proceeding, in which privileged information may be revealed to establish the reasons the defendant seeks the removal of counsel, the motion to disqualify the public defender’s office concerned that office’s relationship to individuals other than defendant; the disqualification proceeding did not require the disclosure of any privileged information. The trial court did not abuse its discretion in allowing the prosecutor to participate in the proceedings. Finally, defendant contends that the prosecutor was overly aggressive in pursuing the disqualification of the public defender’s office, and that various actions the prosecutor took were inappropriate. He asserts, for example, that the prosecutor persuaded witnesses that the public defender’s office would be required to breach a nonexistent privilege, that he gave legal advice to witnesses and asserted their attorney-client privilege, thereby creating a conflict between their interests and “his duties to see that justice was done,” and that he claimed he intended to present various witnesses and subsequently stated that he was not sure if he would present them. Defendant asserts that the prosecutor’s actions “infected [defendant’s] trial with such unfairness as to make the conviction a denial of due process in violation of both the federal and state Constitutions.” (See People v. Maciel (2013) 57 Cal.4th 482, 541 [160 Cal.Rptr.3d 305, 304 P.3d 983] [prosecutorial misconduct includes conduct that infects the trial with such unfairness as to violate the right to due process].) Although defense counsel expressed concern in the trial court that the prosecutor had contacted clients of the public defender’s office and was seeking affidavits from those individuals without giving notice to the public defender, and raised the possibility that some of those individuals had waived their privileges by discussing matters with the prosecutor, no objection of prosecutorial misconduct was made. Therefore, this claim has been forfeited. (People v. Boyette (2002) 29 Cal.4th 381, 432 [127 Cal.Rptr.2d 544, 58 P.3d 391]; People v. Jones (1991) 53 Cal.3d 1115, 1144 [282 Cal.Rptr. 465, 811 P.2d 757].) In any event, al