Full opinion text
Opinion ARABIAN, J. Defendant Jeffrey Dean Wash was convicted by a jury of the first degree murder (Pen. Code, §§ 187, 189), rape (§ 261, former subd. (2)) and robbery (§211) of Erin King, as well as the first degree murder and robbery of Shelly Siegel, and two counts of burglary (§ 459). The jury also found true the special circumstance allegations that defendant committed the murder of Erin King during the course of rape (§ 190.2, subd. (a)(17)(iii)), robbery (§ 190.2, subd. (a)(17)(i)), and burglary (§ 190.2, subd. (a)(17)(vii)), and committed the murder of Shelly Siegel during the course of a robbery and burglary. With respect to the crimes against Erin King, the jury found true allegations that defendant personally used a deadly weapon (§ 12022, subd. (b)), personally used a firearm (§ 12022.5), and inflicted great bodily injury (§ 1203.075). With respect to the crimes against Shelly Siegel, the jury found true allegations that defendant personally used a firearm and inflicted great bodily injury. The jury also found that defendant personally used a deadly weapon during the commission of the burglaries. When the jury was unable to reach a penalty verdict, a mistrial was declared, a new jury was empanelled, and the issue of penalty was retried. The second jury returned a verdict of death. After denying defendant’s motion for modification of the penalty verdict, the court imposed a sentence of death. This appeal is automatic. (Cal. Const., art. VI, § 11; § 1239, subd. (b).) I. Facts A. Guilt Phase Evidence 1. The Prosecution’s Case On the afternoon of March 23, 1984, Philip Durbin returned home from a two-day business trip in Las Vegas. Philip lived with his wife, Shelly Siegel, on the Sundial Ranch, located in the sprawling, arid hill country on the outskirts of Livermore. Erin King, a young ranch assistant, lived in a small trailer on the grounds of the ranch. As he drove into the ranch Philip noticed that the mailbox was unusually full and his brown Buick station wagon was missing. Entering the kitchen he found the billfold belonging to Shelly lying open on the table and noticed the broken handle of a posthole digger, which he normally kept in a cabinet, on the countertop. He also saw a length of parachute cord on a chair. Entering the bedroom, Philip noticed what appeared to be the other end of the broken posthole digger. After a few moments, he saw Shelly lying face up at the foot of the bed. There were holes in her shirt and bloodstains. Philip realized right away that his wife was not alive. Philip checked the closet and discovered that his .22-caliber nine-shot revolver, holster and ammunition were missing. He returned to the kitchen, dialed 911 and was told to wait outside for the police to arrive. Two Alameda County deputy sheriffs responded to the scene. One of the deputies obtained a key from Philip and entered the trailer where he found the lifeless body of Erin King on the bed. Her wrists were bound behind her, her head was wrapped in a bound towel, and her mouth was gagged. The towel had a bullet hole in it surrounded by a ring of black powder. An autopsy revealed that Shelly had suffered a very severe blow to the head from a blunt object, consistent with the posthole handle found at the scene. A total of six bullet wounds were found in Shelly’s chest and side; gunsmoke residue surrounding the wounds indicated that several shots had been fired from very close range. Any one of four of the bullet wounds would have been sufficient to end her life. The autopsy of Erin King’s body revealed a bullet wound in the back of her head; the shot, which went through the towel and entered the frontal lobe of the brain, was probably fatal. There were also 19 stab wounds on Erin’s body; one particularly deep wound entered through the neck and penetrated into the esophagus and chest cavity. The remainder were clustered about her chest and back. Several were alone sufficient to cause death. Oral, anal and vaginal swabs were also prepared. Tests revealed the presence of semen on the vaginal swab, the sweatpants the victim wore, and two articles of clothing found on the bed. The condition of the victim’s anus was consistent with having been sodomized. The police investigation focused almost immediately on defendant. Originally from Indianapolis, Indiana, defendant had driven to Modesto with his friend, Harold Settles, and Jim Brunning in the autumn of 1983. In November, he answered an advertisement in a Modesto newspaper calling for a ranch hand. Philip Durbin and Shelly Siegel had placed the ad to find someone to assist Shelly with the care of the horses and to perform general repair and maintenance. They hired defendant for $100 per week plus room and board. Defendant stayed in the small trailer on the ranch. Philip was generally satisfied with defendant’s work and occasionally allowed defendant the use of his Buick station wagon. Defendant told his friend, John Ritesman, that he generally got along with Philip and Shelly. Nevertheless, on several occasions defendant discussed with Ritesman the possibility of stealing money, guns and Philip’s power tools from the ranch. Later, he told Ritesman that he felt bored and isolated and was angry because his telephone calls were deducted from his paycheck. Defendant also expressed an interest in Shelly, telling Ritesman that he would like “to slam her once.” In late February 1984, defendant left his job at the ranch. He called Ritesman to tell him that he had quit and again expressed an interest in stealing Philip’s power tools and guns. Defendant stayed with Ritesman and his girlfriend, Lauri Martin, for about a month. During this time, defendant instructed Ritesman to call the ranch to see if his old job was still available. Ritesman informed defendant that a girl had started working there already. The girl was Erin King, 19 years old, who had recently graduated from high school and was working until her enlistment in the Army was finalized. Over the weekend preceding the murders, defendant and Ritesman discussed the idea of returning to the ranch and robbing and tying up the occupants. Defendant said that tying them up was not enough, that if he had a gun he would shoot them. The following Tuesday, March 20th, there was a party at Ritesman’s house. Defendant drank beer and shared several marijuana joints and-a quarter to a half gram of cocaine with the others in attendance. While at the party, defendant again expressed a desire to return to the ranch to rob and murder the occupants. The party lasted into the early morning hours of the following day, Wednesday, March 21. Around 5 a.m., Lauri drove defendant and Ritesman to another friend’s house. Before they left, Ritesman gave defendant a knife, supposedly for protection. From there, defendant and Ritesman obtained another ride, and defendant was dropped off near the intersection of several major highways. He had earlier expressed an interest in hitchhiking to Long Beach. Later that afternoon, Merle Wellman and her husband (Philip and Shelly’s neighbors) were driving down the usually isolated Tesla Road on a shopping trip into town when they saw someone walking toward the Sundial Ranch. He was about six miles from the ranch. Two hours later, when they returned, they saw the same person about a quarter mile from the ranch. Timothy Gonser, an employee of the Wellmans, was leaving the ranch just as the Wellmans returned. He also recalled seeing a man walking on the normally deserted Tesla Road. Both Mrs. Wellman and Timothy Gonser later identified defendant’s photograph from a photographic lineup as the man they had seen on the road. That evening, Ruth King received a telephone call from her daughter, Erin. They discussed Erin’s plans concerning the Army. As she was about to hang up, Mrs. King heard Erin call out and perceived what sounded like a distant conversation, but she could not distinguish the words. It was the last conversation that Mrs. King ever had with her daughter. Following the killings, defendant drove Philip Durbin’s station wagon to Modesto, checked into a motel under an assumed name, and then returned to Indianapolis by bus, where he stayed several days in a motel with his friend, Harold Settles. During this period, defendant told another friend, Joey Payne, that he had killed two women. Payne helped to arrange the sale of defendant’s gun, a nine-shot .22-caliber pistol. Defendant also told Settles that he had murdered two women and had raped one of them. The police later contacted Payne, who assisted them in recovering defendant’s gun. Expert analysis of the bullets removed from Shelly Siegel’s body determined that they had been fired from this weapon. A fingerprint found on the door to Erin King’s trailer matched the fingerprint of defendant’s left middle finger. A palm print found' on one of Erin’s empty pay envelopes matched defendant’s palm print. Electrophoretic analysis of the semen samples taken from Erin’s vagina and clothes showed them to be consistent with defendant’s blood type and secretor status, characteristics shared by 8 percent of the population. Two weeks after the killings at the Sundial Ranch, California authorities interviewed defendant at an Indianapolis police station. He eventually made a full confession to the crimes, admitting that he had returned to the ranch with the intent to rob and kill the people there. During the course of the interrogation, defendant consented to a search of his duffel bag. Among other items, the police seized a knife which forensic analysis determined to be consistent with the stab wounds inflicted on Erin King. 2. The Defense Case Defendant called no witnesses at the guilt phase. Through cross-examination of John Ritesman and Lauri Martin (Ritesman’s girlfriend) defense counsel attempted to show that defendant was depressed about leaving his job at the ranch and was impaired by the ingestion of drugs and alcohol at Ritesman’s party, which lasted into the early morning hours of the day of the murders. Joey Payne testified that defendant’s eyes looked glassy, like he was going to cry, when he told Payne about the killings. B. Penalty Phase Evidence 1. The Prosecution Case The first penalty trial resulted in a hung jury. As a result, the prosecution essentially retried the guilt phase at the second penalty trial, calling many of the same witnesses to establish the facts and circumstances of the crimes. In addition, the prosecutor introduced as evidence in aggravation certified copies of defendant’s two prior burglary convictions in Indiana. 2. The Defense Case Defendant testified in his own behalf. He admitted the burglaries in Indiana and claimed that he was having trouble with drugs and alc.ohol at the time. He described the amount of beer and drugs he had consumeil the night before the murders, although he conceded that they had “mostly worn off’ by the next day. Although he acknowledged returning to the Sundial Ranch to steal “what I could,” defendant claimed, contrary to the statements he made to the police, that he had not intended to kill anyone. When he arrived at the ranch, he saw Shelly outside feeding the horses. He slipped inside, removed the money from Shelly’s wallet and took Philip’s gun from the bedroom closet, which he loaded and stuck in his pants. He slipped a pair of pantyhose over his face and armed himself with the wooden handle of a posthole digger. When Shelly entered, surprising him, defendant struck her with the wooden handle and shoved her on the bed. When she struggled, he removed the gun and shot her twice, then three more times in rapid succession. Afterwards he became sick and vomited. Sometime thereafter, defendant noticed Erin King through the window and realized it was the girl who had replaced him as ranch assistant. Afraid that she might have heard something, he entered her trailer to tie her up. He found Erin on the phone, grabbed her by the neck and tied her hands behind her back. Defendant then threatened Erin with a knife and took about $200 from her pay envelope. She begged him to leave her enough money to send her clothes home because she was about to enter the Army. After talking with Erin for a short while, defendant removed his mask, laid Erin on the bed, removed her tampon and orally copulated and raped her. He denied, however, that he ejaculated or that he sodomized her. Afterwards, defendant bound and gagged the victim, and wrapped her head in a towel. Defendant then recalled stabbing her in the neck once, but could not remember making any of the other stab wounds. When he finished with the knife, he pointed the gun at her head, putting it close to the towel, and shot her once. Defendant acknowledged that after returning to Indianapolis he told Joey Paine about the murders. He denied, however, that he told John Ritesman he wanted to “slam” Shelly Siegel. He also stated that he lied to the police about intending to rape and murder the victims, explaining that at the time he wanted to look as “guilty as possible,” that he “wanted to die.” Defendant claimed to have attempted suicide while awaiting trial, and concluded his testimony by indicating that he was “sorry” he committed the crimes and could not understand his actions. Several friends and family members also testified for the defense. Tom Brunning, a childhood friend, described defendant as “shy” and “sensitive.” Defendant’s mother, Doris Wash, testified that defendant had nine brothers and sisters, and was helpful around the house. His father, Lloyd Wash, noted that the entire family was raised in a converted garage with no indoor plumbing. Defendant shared one room with his brothers. Defendant’s sister, Debra Burdine, noted that nearly all of the Wash children had gotten into trouble with alcohol, drugs, truancy, and prostitution. Like all but one of his siblings, defendant did not graduate from high school. According to Debra, her parents displayed very little affection and gave defendant little attention. Defendant’s aunt, Martha Overbey, testified in more detail about defendant’s troubled upbringing, stating that his mother was verbally and physically abusive toward the children and that his father remained aloof except when he whipped them. Defendant’s sister-in-law, Patricia Wash, also testified that defendant’s parents displayed almost no affection toward the children, and recounted several instances of defendant’s kindness to others. Shelby Schaefer was the final defense witness. A friend from Indiana, Ms. Schaefer testified that defendant was a “sensitive” man from an unhappy family. She recounted several examples of defendant’s kindness. She described him as lonely, said that he had expressed deep remorse and sorrow for his crimes, and noted that he had written several poems in prison. II. Discussion A. Guilt Phase Issues 1. Alleged Miranda Violations Defendant contends that his taped confession was the product of multiple Miranda violations (Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694, 86 S.Ct. 1602, 10 A.L.R.3d 974], and that its introduction at trial compels reversal. Shortly after defendant was arrested in Indiana, two officers from the Alameda County Sheriff’s Department (Detective-Sergeants Little and McGrail) and an Alameda County deputy district attorney (Martin Brown) flew to Indianapolis to interrogate defendant about the murders at the Sundial Ranch. They met defendant at the police station where he was being held in custody. Mr. Brown advised defendant of his rights and defendant agreed to make a statement. During the following two-and-a-half-hour interrogation, defendant gave a detailed confession to the crimes. Defendant subsequently moved to suppress the confession at a section 995 hearing and at both the guilt and second penalty phase trials. The motions were denied. Defendant renews the substance of his claim here, arguing that the police authorities violated his Miranda rights in four separate respects. We assess each contention in light of the following principles. In considering a claim that a statement or confession is inadmissible because it was obtained in violation of a defendant’s rights under Miranda v. Arizona, supra, 384 U.S. 436, we accept the trial court’s resolution of disputed facts and inferences, and its evaluation of credibility, if supported by substantial evidence. (People v. Kelly (1990) 51 Cal.3d 931, 947 [275 Cal.Rptr. 160, 800 P.2d 516].) Although we independently determine whether, from the undisputed facts and those properly found by the trial court, the challenged statements were illegally obtained {ibid..), we “ ‘give great weight to the considered conclusions’ of a lower court that has previously reviewed the same evidence.” (People v. Jennings (1988) 46 Cal.3d 963, 979 [251 Cal.Rptr. 278, 760 P.2d 475], quoting Miller v. Fenton (1985) 474 U.S. 104, 112 [88 L.Ed.2d 405, 412, 106 S.Ct. 445]; accord, People v. Kelly, supra, 51 Cal.3d at p. 947.) Because the crimes in this case occurred after the addition of section 28, subdivision (d) to article I of the California Constitution, the voluntariness of defendant’s waiver and confession must be established by a preponderance of the evidence. (People v. Markham (1989) 49 Cal.3d 63 [260 Cal.Rptr. 273, 775 P.2d 1042].) Defendant first contends that his Miranda warnings were inadequate because they failed to inform him that he was entitled to counsel during questioning. (See Fare v. Michael C. (1979) 442 U.S. 707, 717 [61 L.Ed.2d 197, 207, 99 S.Ct. 2560]; Miranda v. Arizona, supra, 384 U.S. at p. 473 [16 L.Ed.2d at pp. 772-773].) At the beginning of the taped interview, the deputy district attorney advised defendant of his rights as follows: “[Y]ou have the right to remain silent, anything you say can and will be used against you in a court of law, you have the right to have an attorney present before any questioning if you wish one, if you cannot—if you cannot afford ... an attorney one will be provided to you at no cost before any questioning begins. Now do you understand those rights?” Miranda holds that a suspect must be apprised, inter alia, that he has the right to the presence of an attorney during questioning, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires. (384 U.S. at pp. 478-479 [16 L.Ed.2d at pp. 725-727].) Although the warning given to defendant here deviated from the standard form in failing to expressly state that defendant had the right to counsel both before and during questioning, we are not persuaded—as defendant’s argument implies—that the language was so ambiguous or confusing as to lead defendant to believe that counsel would be provided before questioning, and then summarily removed once questioning began. (See People v. Valdivia (1986) 180 Cal.App.3d 657, 662-664 [226 Cal.Rptr. 144] [admonition that defendant had the right to counsel before questioning adequately apprised defendant of his Miranda rights].) As the high court has observed, the Miranda warnings are “prophylactic” (Michigan v. Tucker (1974) 417 U.S. 433, 446 [41 L.Ed.2d 182, 194, 94 S.Ct. 2357]) and need not be presented in any particular formulation or “talismanic incantation.” (California v. Prysock (1981) 453 U.S. 355, 359 [69 L.Ed.2d 696, 701, 101 S.Ct. 2806].) The essential inquiry is simply whether the warnings reasonably “ ‘[c]onvey to [a suspect] his rights as required by Miranda.’ ” (Duckworth v. Eagan (1989) 492 U.S. 195, 203 [106 L.Ed.2d 166, 177, 109 S.Ct. 2875].) We are satisfied that the warnings given defendant here “reasonably conveyed” his right to have an attorney present during questioning. Defendant next contends that he invoked his right to silence during the course of the interview, and that, as a result, the bulk of the confession which followed was inadmissible under Miranda and its progeny. The asserted invocation occurred about one hour into the interrogation. The police had been questioning defendant about his movements since leaving his job at the Sundial Ranch when defendant asked, “Um, what’s this all about?” Deputy District Attorney Brown responded that they were investigating the murders of two women at the Sundial Ranch and that several witnesses had seen defendant walking toward the ranch on the morning of the murders. Defendant had earlier denied returning to the ranch and Mr. Brown observed that the police “want to resolve this one way or another in terms of whether you were there or whether you weren’t there.” Defendant indicated that he understood and stated that the murders “shocked” him. The following colloquy then occurred: “[Brown]: Uh huh. And I assume that you’re . . . you’re willing to talk to us . . . about it and give us the . . . the details that you’re giving us. “[Wash]: I don’t know if I wanna talk anymore since it’s someone killed, you know. “[Brown]: Okay. That’s totally up to you to decide whether or not you do or not. Um, if you wanna talk to us and give us this information that’s fine. If you don’t that’s obviously your right, too. “[Detective Little]: Don’t you like, uh, I thought you said that you liked Shelley [szc]? “[Wash]: Yeah, Is.... “[Detective Little]: You liked them? “[Wash]: That’s why I’m stunned, stunned. “[Detective Little]: Well, don’t you wanna help, uh, with that?” After a brief interruption from a knock on the door, the interview continued. “[Brown]: All right, in any event, um, there are ... . “[Detective Little]: (Unintelligible). “[Brown]: ... a number of . . .of items that we wanna ask you about to resolve this one way or another. And, uh, like I said it’s up to you as to whether or not you wanna give us the information so that we can check it out one way or another or not. Um, that’s why I wanted to go through your rights with you at the beginning so you could decide if you wanted to talk to us about this or not.” After a pause of about 15 seconds, defendant replied, “Yeah. Keep on talking.” The interrogation continued and defendant eventually confessed to the crimes. At trial defendant moved to suppress the confession, claiming that by stating, “I don’t know if I wanna talk anymore since it’s someone killed, you know,” he had effectively invoked his right to remain silent. The trial court, after listening to the tape, ruled that defendant had n,ot actually invoked his right to remain silent but simply considered whether he wished to continue in light of the seriousness of the crimes. After considering the matter and being reminded of his rights, he chose to continue talking. Having independently reviewed the taped interrogation (People v. Ashmus (1991) 54 Cal.3d 932, 969 [2 Cal.Rptr.2d 112, 820 P.2d 214]), we conclude that the trial court’s ruling was sound. The law is clear. Once warnings have been given, “[i]f the individual indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease.” (Miranda v. Arizona, supra, 384 U.S. at pp. 473-474 [16 L.Ed.2d at pp. 722-723].) Once such a request is made, it must be “scrupulously honored” (id. at p. 479 [16 L.Ed.2d at pp. 726-727]); the police may not attempt to circumvent the suspect’s decision “by refusing to discontinue the interrogation upon request or by persisting in repeated efforts to wear down his resistance and make him change his mind.” (Michigan v. Mosley (1975) 423 U.S. 96, 105-106 [46 L.Ed.2d 313, 322-323, 96 S.Ct. 321].) Although it is true that a suspect’s assertion of the privilege need not be “unequivocal” (People v. Thompson (1990) 50 Cal.3d 134, 165 [266 Cal.Rptr. 309, 785 P.2d 857]) or “invoked with unmistakable clarity” (People v. Randall (1970) 1 Cal.3d 948, 955 [83 Cal.Rptr. 658, 464 P.2d 114]), it is evident that, viewed in context, defendant’s statement here does not amount to even an equivocal assertion of his right to remain silent. Defendant expressed uncertainty as to whether he wished to continue—“I don’t know if I wanna talk anymore.” The officers then attempted to obtain clarification of his intentions, twice reminding defendant of his right to remain silent. After some thought, he plainly stated that he wished to proceed with the interrogation. As we recently explained in People v. Johnson (1993) ante, page 1 [23 Cal.Rptr.2d 593, 859 P.2d 673], where a defendant expresses ambiguous remarks falling short of an invocation of his Miranda rights, the officers may continue talking for the purpose of obtaining clarification of his intentions. (Id. at p. 27.) That is precisely what occurred here. Accordingly, we find no Miranda violation in this regard. Similarly, the brief remarks by Detective Little (“I thought you said you liked Shelley” [sic]; “Don’t you wanna help. . .”), while perhaps ill-advised, cannot reasonably be construed as repeated attempts “to wear down [defendant’s] resistance” (Michigan v. Mosley, supra, 423 U.S. at pp. 105-106 [46 L.Ed.2d at pp. 322-323]), nor, clearly, in light of “ ‘the totality of the circumstances’ ” (Moran v. Burbine (1986) 475 U.S. 412, 421 [89 L.Ed.2d 410, 420-421, 106 S.Ct. 1135]), did they operate as such. Defendant next claims that the deputy district attorney’s failure to inform him that his admissions could be relevant to the state’s decision to seek the death penalty precludes a finding that defendant knowingly and intelligently waived his Miranda rights. We recently considered and rejected a similar argument in People v. Hill (1992) 3 Cal.4th 959 [13 Cal.Rptr.2d 475, 839 P.2d 984].) Noting that a valid waiver of Miranda rights does not require that a suspect be informed of the potential charges against him (Colorado v. Spring (1987) 479 U.S. 564 [93 L.Ed.2d 954, 107 S.Ct. 851]; People v. Sanders (1990) 51 Cal.3d 471, 512-514 [273 Cal.Rptr. 537, 797 P.2d 561]), “there is no basis,” we reasoned, “for concluding that he must be advised of the possible punishment for those charges if proven.” (People v. Hill, supra, 3 Cal.4th at p. 982.) Thus, defendant was adequately informed of the consequences of waiving his rights. Finally, defendant contends the authorities improperly interrogated him prior to advising him of his Miranda rights. He claims that his subsequent post -Miranda statements were the product of the illegality and must be suppressed. As explained below, the argument lacks merit. At the start of the taped interview, Deputy District Attorney Brown set the scene as follows: “[Brown]: All right. Now, Jeffrey, we, uh, we came in a while ago and just basically introduced ourselves and asked you a few general questions and told you that we wanted to talk to you a bit and then we basically set up the tape recorders ... is that correct? “[Wash]: Yeah.” Shortly thereafter, defendant was advised of his Miranda rights, indicated that he wished to speak, and Mr. Brown began his questioning: “[Brown]: I guess what we’ll do is, uh, we’ll start back on you—when you were in California in November. You . . . indicated you were in California in November of 1983, is that correct? “[Wash]: Yes. “[Brown]: And at that time you got a job working on a ranch? “[Wash]: Yes.” Based on the foregoing, defendant claimed at trial that police questioning prior to the Miranda warnings elicited the incriminating admission from defendant that he had recently been in California working on a ranch. This factual admission, he argued, formed the basis of all subsequent questioning concerning the crimes in California to which he ultimately confessed. Thus, the non-Mirandized interrogation “tainted” the confession and compelled its suppression under state and federal law. Both Deputy District Attorney Brown and Detective McGrail testified at the suppression hearings. Neither had any specific recollection of questioning defendant before the taped interview about his activities in California. Mr. Brown speculated that defendant had volunteered the information that he had been working on a ranch in California, but could not recall the exact circumstances. The trial court ruled that the statement was not elicited through police interrogation. The record is unclear whether the defendant’s pro-Miranda statement was volunteered or the product of police interrogation; the authorities present could not specifically recall how the information was obtained. Even if we were to assume, however, that the statement was elicited through questioning, we would still reject defendant’s claim that his subsequent post-Miranda confession must be suppressed as the product of that interrogation. As we have explained: “In Oregon v. Elstad (1985) 470 U.S. 298 [84 L.Ed.2d 222, 105 S.Ct. 1285], the United States Supreme Court rejected the notion that a subsequent confession must necessarily be excluded because it followed an otherwise voluntary statement that was given without Miranda warnings: ‘It is an unwarranted extension of Miranda to hold that a simple failure to administer the warnings, unaccompanied by any actual coercion or other circumstances calculated to undermine the suspect’s ability to exercise his free will, so taints the investigatory process that a subsequent voluntary and informed waiver is ineffective for some indeterminate period. Though Miranda requires that the unwarned admission must be suppressed, the admissibility of any subsequent statement should turn in these circumstances solely on whether it is knowingly and voluntarily made.’ (470 U.S. at p. 309 [84 L.Ed.2d at p. 232].)” (People v. Lewis (1990) 50 Cal.3d 262, 275 [266 Cal.Rptr. 834, 786 P.2d 892].) The record here discloses that defendant admitted prior to the taped interview that he had worked at a ranch in California, and subsequently gave a full confession after having been advised of, and having waived, his Miranda rights. There is no evidence that the pre-Miranda statement was obtained through improper police tactics or coercion. Therefore, under Oregon v. Elstad (1985) 470 U.S. 298 [84 L.Ed.2d 222, 105 S.Ct. 1285], which we have adopted as the standard in California (see People v. Lewis, supra, 50 Cal.3d at pp. 275-276), the confession need not be suppressed. “[A]bsent deliberately coercive or improper tactics in obtaining the initial statement, the mere fact that a suspect has made an unwarned admission does not warrant a presumption of compulsion. A subsequent administration of Miranda warnings to a suspect who has given a voluntary but unwarned statement ordinarily should suffice to remove the conditions that precluded admission of the earlier statement.” (Oregon v. Elstad, supra, 470 U.S. at p. 314 [84 L.Ed.2d at pp. 23S-236].) 2. Electrophoretic Evidence Defendant next challenges the trial court’s decision to admit the results of an electrophoretic analysis of semen samples removed from Erin King’s clothing and body. The analysis showed the semen to be consistent with defendant’s secretor status and phosphoglucomutase type; the People’s expert testified that 8 percent of the population shared these particular characteristics. Defendant moved prior to both the guilt and second penalty phase trials to exclude the evidence on the ground that it failed to meet the test of scientific reliability under the KellylFrye rule. (People v. Kelly (1976) 17 Cal.3d 24, 30 [130 Cal.Rptr. 144, 549 P.2d 1240]; Frye v. United States (D.C. Cir. 1923) 293 Fed. 1013, 1014 [54 App.D.C. 46, 34 A.L.R. 145].) The rule requires the proponent of expert testimony based on the application of a new scientific technique to satisfy three criteria: (1) the technique or method is sufficiently established to have gained general acceptance in its field; (2) testimony with respect to the technique and its application is offered by a properly qualified expert; and (3) correct scientific procedures ■ have been used in the particular case. (People v. Kelly, supra, 17 Cal.3d at p. 30; People v. Morris, supra, 53 Cal.3d at p. 206.) At the pretrial admissibility hearing, defendant challenged the evidence solely on the ground that it failed to satisfy the first criterion, general acceptance of the method’s reliability in the scientific community. The parties stipulated that the court could rely on the trial record in People v. Reilly, supra, 196 Cal.App.3d 1127, in determining the reliability of electrophoretic testing. In addition, defendant called one expert witness, Dr. Thomas Blake. At the conclusion of the hearing, the trial court found that the People had met their burden and ruled the evidence to be admissible. Defendant renews his challenge here to the general admissibility of electrophoretic testing. We have considered and rejected this contention on several occasions. (People v. Fierro (1991) 1 Cal.4th 173, 214-215 [3 Cal.Rptr.2d 426, 821 P.2d 1302]; People v. Morris, supra, 53 Cal.3d at pp. 206-207; People v. Cooper (1991) 53 Cal.3d 771, 812 [281 Cal.Rptr. 90, 809 P.2d 865].) Nothing in the instant record causes us to reconsider the matter. Defendant also specifically challenges the reliability of electrophoretic testing of semen. He notes that Reilly was confined to the admissibility of electrophoretic testing of blood, as were our decisions in Fierro, Cooper and Morris. In People v. Ashmus, supra, 54 Cal.3d 932, we upheld the trial court’s finding that electrophoretic testing of semen was generally accepted as reliable in the relevant scientific community (id. at pp. 971-972), but declined to extend our holding beyond the specific record made by the parties. (Id. at pp. 972-973, fn. 10.) After independent review of the record here, we also conclude that the trial court’s ruling was proper on the record before it. Dr. Blake, the only expert who testified, stated that in general electrophoretic analysis of blood and semen are equally reliable. Although he acknowledged that semen samples may degrade faster than blood samples and that semen analysis may be complicated by the admixture of other fluids such as saliva, vaginal secretions and sweat in the test sample, he cited these as facts to be accounted for in the testing procedures rather than as grounds for deeming electrophoretic analysis of semen to be unreliable. The undisputed evidence, therefore, amply supported the trial court’s finding that the People had met their burden under the KellylFrye rule. 3. The Photographic Lineups Defendant moved prior to the guilt phase trial to suppress the results of two photographic lineups which he claimed were impermissibly suggestive and therefore violated his state and federal due process rights. The trial court held an evidentiary hearing at which the following facts emerged: Several days after the killings, the police visited Merle Wellman, Shelly and Philip’s neighbor, who helped to create a composite or Identikit picture of the man she had seen walking on Tesla Road the day of the murders. A few days later, the police returned and asked Mrs. Wellman if she could identify the man from a photographic lineup. She chose defendant’s photograph almost immediately and was quite certain of her identification. The officer then informed her that she had selected the photograph of the murder suspect. Several weeks later, the police called to inform Mrs. Wellman that the person she had selected, Mr. Wash, was in custody. Timothy Gonser, the Wellmans’ employee, saw the police and Mrs. Wellman working on the composite. He informed the police that he had also seen a man near the Sundial Ranch on the day in question. A few days later, the police returned and asked Gonser to view a photographic lineup. Although he focused initially on two photographs, he quickly selected one, that of defendant, as the man he saw on the road. After the police left, Gonser spoke with Mrs. Wellman. He could not recall exactly, but believed the police informed him that he and Mrs. Wellman had selected the same photograph. Several weeks later, the police called Mr. Gonser to clarify certain other information and informed him that the person he had chosen was in custody. Defendant argued at the suppression hearing that the photographic identifications were impermissibly suggestive in several respects. He claimed that defendant’s photograph was substantially different from the other five photographs in the lineup. He argued that informing Mrs. Wellman immediately after her selection that she had chosen the “right” photograph was improper. And he claimed that informing Gonser and Wellman several weeks later that the suspect was in custody was inappropriate. At the conclusion of the evidentiary hearing, the trial court found that the lineups were not impermissibly suggestive and denied the motion. Both Mrs. Wellman and Mr. Gonser subsequently testified at trial about the circumstances of the photographic lineups and identified the photograph of defendant as the one they had selected. Neither made an in-court identification of defendant. Defendant renews his claim here that the photographic lineups were impermissibly suggestive. In deciding whether an extrajudicial identification is so unreliable as to violate a defendant’s right to due process, the court must ascertain (1) “whether the identification procedure was unduly suggestive and unnecessary,” and, if so, (2) whether the identification was nevertheless reliable under the totality of the circumstances. (People v. Gordon (1990) 50 Cal.3d 1223, 1242 [270 Cal.Rptr. 451, 792 P.2d 251].) As will appear, we find no error in the trial court’s determination that no aspect of the identification was impermissibly suggestive. Defendant first contends that Wellman and Gonser improperly collaborated in creating the Identikit picture, thereby influencing their individual selections during the subsequent photographic lineups. Defendant did not advance this argument at the suppression hearing and therefore may not raise it for the first time on appeal. (People v. Sanders, supra, 51 Cal.3d at p. 508.) In any event, the record discloses that Gonser merely encountered the police while they working with Mrs. Wellman on the composite. There is no evidence that he participated in the Identikit procedure or pooled his recollections with those of Mrs. Wellman. Accordingly, there is no merit to the claim that the subsequent identifications were tainted by the creation of the composite. Defendant also renews his argument that defendant’s photograph was substantially different from the others in the lineup shown to Mrs. Wellman. The trial court viewed the photographs and concluded otherwise. We have independently scrutinized the photographs as well, and concur with the trial court’s assessment. (People v. Marquez (1992) 1 Cal.4th 553, 572 [3 Cal.Rptr.2d 710, 822 P.2d 418].) The lineup was not impermissibly suggestive in this regard. Relying on People v. Gordon, supra, 50 Cal.3d 1223, defendant asserts that informing Mrs. Wellman she had selected the suspect’s photograph, and later informing her that the suspect was in custody, tainted her subsequent trial testimony. Gordon, however, is not helpful to defendant’s claim. There, the witness had stated that the suspect’s photograph “ ‘looks familiar, but I’m not certain.’ ” Shortly thereafter, the police informed her that she had “ ‘picked the right person.’ ” (Id. at p. 1241.) We held that the trial court had properly barred any identification subsequent to the call, but that the witness could testify to her identification of the defendant before she spoke with the police. Here, the witness expressed no uncertainty about her initial identification. Moreover, at trial she merely identified the photo that she had selected from the lineup, which occurred before the confirming statements by the police. Accordingly, there is no possibility that her testimony was impermissibly influenced. For similar reasons, we reject defendant’s claim that informing Mr. Gonser he had selected the same person as Mrs. Wellman, and later informing him that the suspect was in custody, tainted his in-court identification. Mr. Gonser’s trial testimony was confined to recounting the circumstances of the photographic lineup and identifying the photograph he selected, all of which occurred before any confirming comments by the police. Accordingly, there was no denial of due process. (People v. Gordon, supra, 50 Cal.3d at p. 1244.) 4. Crime Scene and Autopsy Photographs Defendant contends the trial court erroneously admitted five crime scene photographs and thirteen autopsy slides despite his objection that they were irrelevant and more prejudicial than probative. (Evid. Code, § 352.) Defendant also contends the court erred in permitting the victims’ relatives to identify the bodies from two of the crime scene photographs. The trial court did not abuse its discretion in admitting the slides. (People v. Raley (1992) 2 Cal.4th 870, 896 [8 Cal.Rptr.2d 678, 830 P.2d 712].) In graphically illustrating the nature and placement of the victims’ wounds, and the bound and partially disrobed state in which Erin King’s body was discovered, the slides were plainly relevant to the prosecution’s theory that the killings were deliberate and premeditated, and committed during the course of a rape. (People v. Pride (1992) 3 Cal.4th 195, 243 [10 Cal.Rptr.2d 636, 833 P.2d 643]; People v. Wilson (1992) 3 Cal.4th 926, 938 [13 Cal.Rptr.2d 259, 838 P.2d 1212].) Contrary to defendant’s claim, the evidence was not unduly cumulative of the testimony of the crime scene expert and pathologist. “The prosecution was not obliged to prove these details solely from the testimony of live witnesses, and the jury was entitled to see how the physical details of the scene and body supported the prosecution theory . . . .” (People v. Turner (1990) 50 Cal.3d 668, 706 [268 Cal.Rptr. 706, 789 P.2d 887]; accord, People v. Raley, supra, 2 Cal.4th at p. 897.) Nor did the court err in concluding that the probative value of the evidence outweighed its prejudicial impact. Although “ ‘murder is seldom pretty, and pictures, testimony and physical evidence in such a case are always unpleasant.. . .’ ” (People v. Pierce (1979) 24 Cal.3d 199, 211 [155 Cal.Rptr. 657, 595 P.2d 91]), we have independently reviewed the slides and find that they were not unduly gruesome or inflammatory. (People v. Pride, supra, 3 Cal.4th at p. 243.) Defendant’s additional claim that the court erred in permitting the identification of the victims has merit. Although defendant stipulated to the identification of the victims, the trial court permitted Ruth King and Philip Durbin to identify Erin and Shelly from their crime scene photographs. We have observed that the testimony of a parent to establish the identity of a murder victim may not be relevant if there is an offer to stipulate to the facts to be established by the testimony. (People v. Bonin (1989) 47 Cal.3d 808, 848-849 [254 Cal.Rptr. 298, 765 P.2d 460]; see also People v. Raley, supra, 2 Cal.4th at p. 896; People v. Hendricks (1987) 43 Cal.3d 584, 594 [238 Cal.Rptr. 66, 737 P.2d 1350]; cf. People v. Garceau, ante, 140, at pages 182-183 [24 Cal.Rptr.2d 664, 862 P.2d 664].) Nevertheless, we see no reasonable probability of prejudice here. The identification testimony of the relatives was factual and brief. There were no emotional outbursts. (See People v. Raley, supra, 2 Cal.4th at p. 896; cf. People v. Pinholster (1992) 1 Cal.4th 865, 959 [4 Cal.Rptr.2d 765, 824 P.2d 571].) Thus, the testimony “had no potential to inflame the jurors and hence could not have exposed defendant to prejudice.” (People v. Bonin, supra, 47 Cal.3d at p. 849.) B. Penalty Phase Issues 1. Double Jeopardy Defendant contends that state and federal principles of double, jeopardy (Cal. Const., art I., § 15; U.S. Const., 5th Amend.) barred the penalty phase retrial because the trial judge declared a mistrial of the first penalty trial without the requisite legal necessity. As explained below, the contention lacks merit. Discharging a jury without a verdict bars further prosecution unless the mistrial was granted for legal necessity or with the consent of the defendant. (Curry v. Superior Court (1970) 2 Cal.3d 707, 712 [87 Cal.Rptr. 361, 470 P.2d 345]; accord, People v. Compton (1971) 6 Cal.3d 55, 59 [98 Cal.Rptr. 217, 490 P.2d 537]; Stone v. Superior Court (1982) 31 Cal.3d 503, 516 [183 Cal.Rptr. 647, 646 P.2d 809]; see also United States v. DiFrancesco (1980) 449 U.S. 117, 130-131 [66 L.Ed.2d 328, 341-342, 101 S.Ct. 426].) “Such a legal necessity exists if, at the conclusion of such time as the court deems proper, it satisfactorily appears to the court that there is no reasonable probability that the jury can resolve its differences and render a verdict. Under these circumstances the court may properly discharge the jury and reset for trial.” (People v. Rojas (1975) 15 Cal.3d 540, 545-546 [125 Cal.Rptr. 357 [542 P.2d 229, 92 A.L.R.3d 1127]; see also §§ 1140, 1141.) The determination of the jurors’ state of mind, and whether further deliberations will result in a unanimous verdict, lies within the sound discretion of the trial judge in view of all the circumstances. (Stone v. Superior Court, supra, 31 Cal.3d at p. 522; People v. Rojas, supra, 15 Cal.3d at p. 546.) The original penalty phase jury commenced deliberations on a Monday and continued through the week. On Wednesday, the trial court received a note from the jury stating that although they unanimously agreed the aggravating outweighed the mitigating factors, they disagreed over the penalty. The note stated: “We are at an impasse over the appropriateness of a penalty. Some of us have strong subjective, personal feelings (convictions) that the death penalty is appropriate; others have equally strong feelings (convictions) for life without parole. For these reasons it is inconcievable [sic] that we will ever reach a unanimous decision.” The note was signed by all 12 jurors. The same day, Wednesday, the jury foreman sent another note to the court stating as follows: “For moral & personal reasons, and disagreement over the relative severity of the two penalties, we are deadlocked 7 to 5. [f| Prospects for a unanimous verdict.seem virtually non-existent.” The trial court apparently failed to inform counsel of the existence of the notes. On Friday, two days later, the foreman sent out three additional notes. Two were apparently received sometime that morning. The first stated: “We are deadlocked about 7 to 5.” (Original italics.) The second reflected some movement, but reaffirmed the jury’s view that it was deadlocked, stating: “We are in disagreement (9 to 3). Prospects for a unanimous verdict are virtually nonexistent.” Later that afternoon, the foreman sent the court a third note which stated as follows: “I feel that we gave it our best effort but are still in disagreement 9 to 3. [¶] There is no indication that movement is possible.” A short time later, the court summoned the jury, acknowledged receipt of the three notes and, in the presence of counsel, questioned the foreman as follows: “Now, I have to ask you, I appreciate you have been deliberating for five days. Do you feel there is anything I can do in any way to help you in your deliberations, or have you reached a position where a verdict seems impossible?” The foreman responded: “I truly feel that we have reached a position where a verdict is impossible.” The court then asked if there was any member of the jury who disagreed with the foreman. None indicated disagreement. Accordingly, the court declared a mistrial without objection. Shortly after the case was set for retrial, it was discovered that the trial judge (Judge Golde) had engaged in ex parte communications with the jury during their penalty phase deliberations. Defendant, in response, filed a motion to dismiss the pending retrial on double jeopardy grounds. A hearing on the motion was held before Judge Wolters. One of the jurors from the first trial testified that Judge Golde had entered the jury room with neither counsel nor defendant present on two separate occasions during the penalty phase deliberations. During the first visit, the judge was asked to define life imprisonment and to explain the consequences of a hung jury. In response to the latter question, the judge explained that a hung jury would result in a new penalty trial. The jury also asked how long the judge would normally allow a jury to deliberate. The juror did not recall the judge’s response. The trial court’s second ex parte contact with the jury occurred on Thursday, one day after receipt of the initial notes indicating a deadlock. On this occasion the jury reiterated its inability to reach a verdict and inquired again as to how long they would be required to deliberate. The judge stated that he would declare a mistrial if the jurors were unable to reach a verdict by Friday, the following day. As noted earlier, the jury informed the court on Friday that it remained deadlocked and the trial court declared a mistrial. In response to a question from the deputy district attorney, the foreman indicated that the final vote was nine to three in favor of the death penalty. At the conclusion of the hearing on defendant’s double jeopardy motion, Judge Wolters ruled that although Judge Golde had acted improperly in contacting the jury, he had not abused his discretion in declaring a mistrial. Judge Wolters noted that the jury had indicated “quite strongly that it was deadlocked” before Judge Golde’s improper contacts. Judge Wolters also rejected defendant’s contention that the promise to declare a mistrial if the jury remained deadlocked on Friday improperly encouraged the jury to remain deadlocked or caused it to cease deliberations. Rather than establishing a deadline, Judge Welter’s observed, Judge Golde’s statement could “just as readily be interpreted as an extension of time that the Judge would leave the jury out to deliberate . . . after it had effectively indicated that it could ... in no way reach a verdict . . . .” Accordingly, Judge Wolters denied the motion to enter a plea of former jeopardy and dismiss the action. Judge Welter’s ruling was correct. Although ex parte communications between court and jury are clearly improper and will not be condoned (People v. Hawthorne (1992) 4 Cal.4th 43, 69 [14 Cal.Rptr.2d 133, 841 P.2d 118]), the record does not substantiate defendant’s claim that the trial court’s misconduct caused the deadlock or “derailed” the jury from its deliberative duties. On the third day of deliberations the jury sent a note informing the court that they were “at an impasse” and that it was “inconceivable” they would “ever reach a unanimous decision.” This was followed by a second note stating, “Prospects for a unanimous verdict seem virtually non-existent.” In light of these unequivocal statements, defendant’s assertion that the court’s subsequent ex parte communications improperly coerced a deadlock or encouraged the jury to cease deliberations is not credible. Indeed, the three notes on Friday indicate that the jury must have continued to deliberate; the first note stated that the vote was seven to five; the second and third notes described the vote as standing at nine to three. Clearly, the jury’s reaffirmation at that point that the prospect of a unanimous verdict was “virtually nonexistent” and that no further “movement [was] possible” amply supports the trial court’s finding that a unanimous verdict was not reasonably probable. (People v. Rojas, supra, 15 Cal.3d at p. 545.) The discharge of the jury was therefore supported by legal necessity, and defendant was properly retried. (Ibid.; Stone v. Superior Court, supra, 31 Cal.3d at p. 522.) 2. Prosecutorial Discovery Before the start of the second penalty trial, the prosecutor moved for discovery of all materials reviewed by any expert whom defendant intended to call as a witness. Defense counsel objected that such compelled disclosure violated defendant’s right against self-incrimination. Although counsel acknowledged that he had consulted with a psychologist, Dr. Seligman, counsel had not decided whether to call him as a witness and argued that disclosure of any matter upon which his opinions were based should be allowed, if at all, only after the experts had testified on direct examination. The trial court overruled counsel’s objections and ordered disclosure of the requested materials at least two days before the expert’s testimony. On the first day of the defense case, the prosecutor renewed his motion. The trial court ordered the defense to produce the requested materials the next morning. Counsel complied, over objection, with the trial court’s order, providing the notes of Dr. Seligman’s conversations with defendant, his family and friends, as well as other documents the defense had submitted to the psychologist for review; these included notes and reports prepared by Dr. Fred Rosenthal, a psychologist who had testified for defendant at the first penalty trial. Defense counsel ultimately decided not to call Dr. Seligman to testify. Nevertheless, the prosecutor subsequently referred to information in the discovered psychiatric materials during his cross-examination of Martha Overbey, defendant’s aunt. Specifically, he asked Ms. Overbey why she had told Dr. Seligman that defendant “felt anger towards his mother.” Ms. Overbey responded, “The women that he murdered. Maybe this was something in [defendant] that came out at this time. I don’t know. ... I would have to be a psychologist to know.” The prosecutor also confronted Ms. Overbey with her statement to Dr. Seligman that she was “not overly surprised" that “something like this might have happened.” In addition, the prosecutor cross-examined Shelby Schaefer, a friend of defendant, about her comment to Dr. Seligman that defendant was looking for something “better from life.” Later, during closing argument, the prosecutor referred to both Dr. Rosenthal and Dr. Seligman, asking why defendant had failed to call either psychologist to explain his conduct. The prosecution is clearly entitled to question an expert psychologist who testifies for the defense about the matters upon which his or her opinion is based, including a defendant’s statements made to the expert. (People v. Coleman (1989) 48 Cal.3d 112, 151-152 [255 Cal.Rptr. 813, 768 P.2d 32]; Evid. Code, §§721, 1016.) Whether the prosecution may obtain discovery of these matters in advance of the expert’s testimony, however, is a different question. Defendant, of course, contends that such discovery violates the accused’s privilege against self-incrimination under the California Constitution, as interpreted by this court in In re Misener (1985) 38 Cal.3d 543 [213 Cal.Rptr. 569, 698 P.2d 637]), as well as his state and federal due process rights and a variety of evidentiary privileges. The Attorney General does not directly dispute defendant’s legal contentions, but raises a practical consideration; advance disclosure of the materials which form the basis of an expert’s opinion promotes the orderly progression of trial, by allowing the prosecutor to review the materials before the expert’s testimony rather than in mid-examination, which may necessitate a continuance. Defendant appears to be correct that the trial court’s discovery order violated the principles set forth in In re Misener, supra, 38 Cal.3d 543. As we there stated: “While it may be true that by putting witnesses on the stand the defendant waives any right to object to their vigorous cross-examination by the prosecution, he does not waive his right to refuse to supply the prosecution with the means to conduct that cross-examination." (Id. at p. 557; see also People v. Collie (1981) 30 Cal.3d 43 [177 Cal.Rptr. 458, 634 P.2d 534, 23 A.L.R.4th 776] [defense may not be ordered to turn over the notes of conversations with defense witness]; Bradshaw v. Superior Court (1970) 2 Cal.3d 332 [85 Cal.Rptr. 136, 466 P.2d 680] [defense may not be compelled to furnish a statement of the expected testimony of defense witnesses].) Furthermore, even if the Attorney General’s argument had merit, it would apply only where the defense clearly intended to, and did in fact, call the expert in question; in that case, the court’s order would affect only the timing, not the ultimate fact, of disclosure. Here, however, the defense ultimately decided not to call the witness. Thus, the prosecution received an unwarranted windfall. Nevertheless, the error was plainly not prejudicial. The prosecutor made only a few passing references to the psychologist’s notes, and none of the information was particularly harmful. Ms. Overbey’s speculation that defendant’s behavior may have been caused, in part, by anger toward his mother was consistent with her direct testimony that defendant was severely neglected by his parents. The same applies to her observation that she was not overly surprised something like this had happened. Ms. Schaefer’s observation to Dr. Seligman that defendant was trying to find a better life was hardly damaging. Thus, we discern no reasonable possibility that the unwarranted disclosures had any effect on the verdict. Defendant raises the related claim that the compelled disclosure violated his due process right to “reciprocal discovery” of similar information in the possession of the prosecution. However, it is undisputed that the prosecution provided defendant with complete discovery; defendant cites no evidence of any nature which was improperly withheld. Hence we perceive no violation of due process. 3. Informing the Jury of the First Jury’s Deadlock Defendant next contends the trial court impermissibly restricted the scope of voir dire in violation of his constitutional rights to due process, a fair and impartial jury, and a reliable penalty verdict. At the start of the penalty retrial, defense counsel requested the court to inform the prospective jurors that the first penalty trial had resulted in a hung jury and to specifically question them about their knowledge of the matter. Counsel stated that the request was motivated by two concerns: First, that the publicity surrounding the recent California Supreme Court retention election (in which three justices were not retained) might lead some jurors to mistakenly assume that defendant’s prior death judgment had been reversed on a legal “technicality”; second, that several newspaper articles had revealed the first jury’s vote to be nine to three in favor of death, which might prejudice certain jurors with this knowledge. The trial court denied the motion, but emphasized that counsel could question the jurors generally as to whether they had heard or read anything about the case, and could follow up with specific questions if any indicated an awareness of the earlier hung jury. Counsel renewed the motion midway through voir dire after several jurors had referred to the recent Supreme Court election in response to questions about their views on the death penalty. The trial court again denied the motion. In the seminal case of People v. Williams (1981) 29 Cal.3d 392, 407 [174 Cal.Rptr. 317, 628 P.2d 869], we held that counsel “should be allowed to ask questions reasonably designed to assist in the intelligent exercise of peremp,tory challenges . . . .” However, we also expressly left “intact the considerable discretion of the trial court to contain voir dire within reasonable limits.” (Id. at p. 408; see also People v. Edwards (1991) 54 Cal.3d 787, 829 [1 Cal.Rptr.2d 696, 819 P.2d 436]; People v. Visciotti (1992) 2 Cal.4th 1, 48 [5 Cal.Rptr.2d 495, 825 P.2d 388].) Williams cited with approval the case of People v. Carmichael (1926) 198 Cal. 534 [246 P. 62], overruled on other grounds in People v. Bittaker (1989) 48 Cal.3d 1046, 1086 [259 Cal.Rptr. 630, 774 P.2d 659]. (People v. Williams, supra, 29 Cal.3d at p. 403, fn. 4.) In Carmichael, the case on which defendant principally relies, the court held that the defendant was improperly denied the opportunity to question prospective jur