People v. Cooks (141 Cal. App. 3d 224, 1983)

Opinion

ROUSE, Acting P. J.

In May 1974, the Grand Jury for the City and County of San Francisco returned an indictment that accused Jessie Lee Cooks, Larry Craig Green, Manuel Moore, and J.C.X. Simon of conspiracy to commit murder between October 20, 1973, and April 30, 1974 (Pen. Code, §§ 182, 187). The indictment alleged four overt acts (Pen. Code, §§ 184, 1104). Cooks and Green were also accused of the following crimes in which Quita Hague was the victim: kidnaping (Pen. Code, § 207), robbery (Pen. Code, § 211), and murder (Pen. Code, § 187). Cooks and Green were also accused of the following crimes in which Quita’s husband, Richard Hague, was the victim: kidnaping (Pen. Code, § 207), robbery (Pen. Code, § 211), and assault with a deadly weapon (Pen. Code, § 245, subd. (a)). These crimes against Mr. and Mrs. Hague were committed on the night of October 20, 1973. The indictment further alleged that in robbing Quita Hague defendant Green inflicted great bodily injury on her (former Pen. Code, § 213), that in robbing Richard Hague defendant Cooks inflicted great bodily injury on him (former Pen. Code, § 213), and that Cooks used a firearm in committing each offense against Richard and Quita Hague (Pen. Code, § 12022.5).

Defendants Moore and Simon were both accused of the murders of Tana Smith and Jane Holly on January 28, 1974 (Pen. Code, § 187). The indictment alleged that Simon used a firearm in killing Tana Smith (Pen. Code, § 12022.5), and that Moore used a firearm in killing Jane Holly (Pen. Code, § 12022.5). Moore and Simon were also accused of assault with a deadly weapon on Roxanne McMillian January 28, 1974 (Pen. Code, § 245, subd. (a)); the indictment alleged that Simon used a firearm in committing that offense (Pen. Code, § 12022.5). Moore was also charged with assault with a deadly weapon against Ward Anderson and Terry White on April 14, 1974 (Pen. Code, § 245, subd. (a)); the indictment alleged that Moore used a firearm in committing those two offenses (Pen. Code, § 12022.5).

The indictment alleged two prior felony convictions against Cooks (1965 robbery and 1966 federal bank robbery), and one prior felony conviction (1969 burglary) against Moore.

The defendants pleaded not guilty and denied the special allegations. Trial by jury commenced in March 1975, and a year later, in March 1976, the jury, after 18 hours of deliberations, found the defendants guilty of all charges, including first degree murder. The jury also found all the special allegations to be true, other than the alleged prior convictions which Cooks and Moore had admitted before trial. The court sentenced the defendants to state prison for terms provided by law (life imprisonment) under the then existing Indeterminate Sentence Law. Each defendant appeals from his judgment of conviction. We affirm each judgment except for a minor modification of the judgment against Simon.

I. “Operation Zebra”

In December 1973, and January 1974, a number of persons were randomly shot and killed or injured on the streets of San Francisco. Random shootings occurred again in April 1974. In each instance the victim was a Caucasian and the gunman a Negro male. Witnesses gave police various descriptions of the gunman’s height, weight, and appearance. In most instances, the gunman was described as 25 to 30 years old, about 6 feet tall, 160 to 180 pounds. The San Francisco Police Department took extraordinary measures to identify the person or persons responsible for the shootings. The police investigation of these crimes became known as “Operation Zebra,” based on the police radio code letters for that particular investigation. This case has become known as the “Zebra” case.

In April 1974, the City of San Francisco offered a reward of $30,000 for information leading to the arrest and conviction of the person or persons involved in the “Zebra” crimes. Police released to the news media two composite drawings of a suspect, and on April 18, 1974, those sketches appeared in local newspapers. On April 22, 1974, Anthony Cornelius Harris telephoned the San Francisco Police Department and, during a number of interviews on successive days, Harris provided the police with information which led to the arrest (on May 1, 1974) and indictment of the defendants in this case. Although the defendants argued that Harris’ main motive was revenge against the Black Muslims and collection of the reward, Harris said he telephoned the police primarily “to stop a lot of senseless killing, that’s all.”

Anthony Harris became a principal prosecution witness before the grand jury and at trial. Because of his involvement in some of the crimes, he invoked (on advice of counsel at trial) his constitutional privilege against self-incrimination. The court, on petition by the People, granted Harris immunity from prosecution and ordered him to testify (Pen. Code, § 1324). When the case was submitted to the jury the court instructed that Anthony Harris was an accomplice as a matter of law, and therefore his testimony had to be corroborated (Pen. Code, § HI 1).

n. Background of Anthony Harris, the Defendants, and the Alleged Conspiracy

At the time of trial, Anthony Harris was 29 years old, a slender, well-groomed, good-looting black man about 5 feet 11 inches tall. He grew up in southern California (Santa Ana and Long Beach) with five brothers and two sisters. He dropped out of school after the ninth grade. Since he was about 14 years old he learned, practiced, and taught the martial art of Kung Fu. Certain defense witnesses revealed that Harris was once married to a white girl and had two children in southern California. A couple of Harris’ brothers were also married to white girls. In 1966, Harris was convicted of second degree burglary. In July 1971, he was again convicted of second degree burglary and sentenced to state prison.

In early 1973, Harris became acquainted with defendant Cooks and defendant Moore in San Quentin prison where the three men were inmates. Cooks was about 29 years old, black, muscular, about 6 feet tall, and a boxer or fighter. Moore was also about 29 years old, black, 6 feet 1 inch tall, muscular, and weighed 200 to 210 pounds. Moore was in prison for violation of parole on his 1969 conviction of burglary of a San Bernardino television store. Moore grew up in San Bernardino with six brothers and seven sisters, including Caucasian stepbrothers and stepsisters who were children of his Caucasian stepmother. Although Moore testified that he attended school through the ninth grade, he could not read or write.

Harris testified that while in prison he taught other prisoners the martial art of Kung Fu. Cooks, and later Moore, asked him to teach them Kung Fu. Cooks said he wanted to learn Kung Fu because he wanted to learn how to till white people. He wanted to till white people because, among other reasons, “they had castrated and tilled and stomped our (black) babies’ heads in.” He wanted to learn Kung Fu and how to “break people’s necks, punch their eyes out, break their heads and bust their hearts.” Cooks told Harris that when he (Cooks) got out of prison he was going to join the “Death Angels,” which Harris said was a group of blacks whose objective was to till white people and start a race war. Harris testified that while in prison about all Cooks talked about was tilling white people.

Harris testified that he had similar conversations with Moore who wanted to learn Kung Fu because he had bad experiences with white people and wanted to till them. Moore, on the other hand, denied he ever asked Harris to teach him Kung Fu. Moore denied he hated whites or had bad experiences with them.

Of the three men, Cooks was the first to be released from prison in June 1973. He obtained a job at a Shabazz (Muslim) bakery on Randolph Street (Ingleside area in southwest part of city), San Francisco. He apparently lived at a Muslim halfway house at 531 Waller Street. Harris was released from prison on parole on July 27, 1973 (two years after his commitment). Moore was released on November 11 or 12, 1973, and he also went to live at the Muslim halfway house on Waller Street.

When Harris was released from prison he went to live at the Crittendon House, a halfway house in Oakland. He obtained a job selling fish for the Nation of Islam Temple in Oakland. He soon became dissatisfied with the job because of the small amount of money he was earning and because he thought his employer was cheating him.

In August 1973, Harris went to the Nation of Islam Temple 26 at Geary and Fillmore Streets, San Francisco, in search of a different job. He met defendant Green in the temple’s snack shop and talked to him about a job. Green was employed at Black Self Help, 1645 Market Street (between 12th and Brady), San Francisco. Black Self Help was owned and managed by Thomas Manney, and in the business of moving, storing, repairing, and selling furniture and other items. After talking with the temple captain, Albert Leonard, Green drove Harris to Black Self Help and introduced him to Thomas Manney who gave Harris a job that paid $4.50 per hour.

When Harris started work at Black Self Help in August 1973, he met defendant Simon who was employed there as Thomas Manney’s assistant manager. Other Black Self Help employees included Clarence Jamerson, Edward Land, Douglas Burton, Dwight Stallings, Sylvester Bounds, and Charles Gillespie. When Moore was released from prison in November 1973, he too was given a job at Black Self Help. Although Cooks was not employed at Black Self Help, Harris testified that Cooks was frequently in the store. Only Manney, Simon, Green and Jamerson had keys to the store. All the Black Self Help employees and their wives or girl friends were members, or in the process of becoming members, of the Nation of Islam Temple 26. They were commonly known as Muslims or Black Muslims.

Harris’ initial work involved cleaning the store. Two or three weeks later he started working primarily with Green as a helper in moving or delivering furniture. Green owned a white or beige 1971 Dodge van (Tradesman 100) which he used to deliver furniture for Black Self Help. Green kept moving pads for protection of the furniture in his van. Green’s van was the only van used at Black Self Help. Simon owned an old, white, four-door Dodge Dart automobile. He sold it to Green in November 1973, but Simon continued to use it. Thomas Manney owned a number of vehicles, including several trucks and a 1959 black, four-door Cadillac that he kept at the store most of the time and which Simon often used. Clarence Jamerson owned a 1970 “Sherwood Green” (greenish gold), four-door Cadillac. Dwight Stallings owned a red 1961 Cadillac. Harris and Moore had no driver’s license, owned no vehicle, and did not have access to any Black Self Help vehicles. Harris and Green became good friends. Green often provided Harris with transportation. Moore worked primarily with Simon who often provided Moore with transportation.

In April 1973, Green rented an apartment (unit No. 7) at 844 Grove Street, San Francisco, and lived there until his arrest on May 1, 1974. In May 1973, J.C. Simon separated from his wife, Ada Dison Simon, and moved in with Green. In August 1973, Simon rented his own apartment (unit No. 2) in the same building at 844 Grove Street and lived there until his arrest on May 1, 1974. Simon testified that his former wife (Patricia) and daughter from Texas lived with him from September 24, 1973, to December 18, 1973, and that Moore moved in with him on December 19, 1973. Moore was in the process of becoming a member of the Nation of Islam. Simon tried to teach Moore how to read and write and helped with his “lessons.” Moore moved out of Simon’s apartment on or about March 1, 1974. On March 29, 1974, Moore married a girl named Gloria and moved into her apartment at 1853 Divisadero Street, near Pine Street, San Francisco. Harris lived in Oakland until mid-October 1973, when he moved in with Carolyn Patton, his fiancee, at 68 Hilltop Road (Hunter’s Point Housing Project), San Francisco. He and Carolyn were married on October 23, 1973. Green served as best man and J.C. Simon, in his words, “gave the chick away.” The marriage lasted 17 days.

Harris testified that upstairs in the Black Self Help store on Market Street was a large room where meetings were held. In August and September 1973, Harris attended about four meetings in that room. J.C. Simon, Larry Green, Edward Land, Dwight Stallings, and a number of other people attended those meetings. There was usually a speaker or lbader. At one meeting a motion picture of the Watts riot in Los Angeles was shown. It showed police beating black people.

Harris testified that in October 1973, he and Green visited Cooks in his apartment. Green transported Harris to Cooks’ apartment in his Dodge van. Cooks asked Harris if he could get him a gun. Harris told Cooks he would have to find one himself. Cooks asked Harris “if I wanted to go out and kill some people with him.” Harris said he wasn’t interested. Cooks went into another room. When he returned he said he had another gun. Cooks then removed a machete from under the mattress of his bed. Harris testified that Green participated in the conversation and said they could use his van “to go out and make some hits.” Cooks wanted to know the exact area where they were going and “take some people.” Harris said he did not know the city very well. Green said he knew the city and they could go with him. Cooks and Harris then went out with Green in his van. Cooks had a .22 caliber automatic pistol and talked about killing some white people. Green said nothing. They drove around the city about three hours, but “no one was hurt that night.”

Harris testified that in October 1973, he attended two meetings in Simon’s apartment at 844 Grove Street. Green drove Harris to 844 Grove Street in his van. Simon, Grove, Jamerson, Land, and Stallings were present at those meetings. Cooks was not present. Simon did most of the talking. He asked Harris how he “felt about white people,” whether he thought they were his enemies and whether his mind was “together enough to destroy the enemy,” meaning white people. Green said nothing. Harris testified that Simon “quoted some lessons about killing the white devil.” He quoted from “some type of binder” which contained a number of pages. Simon had a three-ring, loose-leaf binder which contained, among other things, Muslim literature and material used in “processing” a person for membership in the Nation of Islam. (People’s Exhibit No. 16.) It included references to white people as devils who, for various reasons, had to be killed. Jamerson had a similar binder.

At the second meeting in Simon’s apartment Simon again talked about killing white people and asked Harris whether he had his “mind together” and could kill someone. He talked about meetings at the temple. None of the others present talked much at this meeting. Simon went into a bedroom and returned with a large case which contained two long sharp knives and several handguns, including a .357 Magnum, a .38 snubnose, and a .32 caliber automatic pistol. Simon picked up the .32 automatic and said Harris should go out and use the gun to kill people. Harris said he did not need a gun. He could use his hands. Simon put the gun down and told Harris he “wasn’t ready.”

Harris testified that similar meetings took place in Simon’s apartment in November or December 1973. At that time, Manuel Moore was present with Simon, Green, Jamerson, Land, and Stallings. Simon again asked Harris if he could kill anybody, whether he had his mind together, and how he felt about white people. Simon told Harris he would have to go out and kill some people to show he could be trusted. Harris told Simon he was not going to kill anyone because no one had hurt him. Simon replied, “Man, you still haven’t got yourself together yet.” Moore did not participate in that conversation.

Harris testified that Simon talked about “Death Angels” at Black Self Help and at his apartment when Green, Land, Jamerson, Stallings, and other people were present. Moore was present at these talks at Black Self Help. Simon said that if a person wanted to join the “Death Angels,” he would have to kill four white children or five or six white women and nine white men. Muslim literature in Simon’s binder contained similar statements. The other persons present said nothing. Simon did not specify the persons to be killed, “only white people.” In a conversation at Black Self Help Moore told Simon he (Moore) wanted to join the Death Angels. In a later conversation, Green told Harris he was not going to join because “it involves too much killing.” This was in December 1973 (after the killing of Mrs. Hague). Harris told Green he was not going to join.

Thomas Manney, J.C. Simon, Manuel Moore, Larry Green, Clarence Jamerson, Edward Land, and Douglas Burton testified and denied that meetings, as described by Harris, had ever taken place. They testified that they had never heard of “Death Angels.” They denied they ever discussed the killing of white people. Simon testified that Harris was never in his apartment, and other witnesses testified they had never seen Harris in Simon’s apartment or in the building. Green testified that he never took Harris to his (Green’s), apartment or Simon’s apartment but Harris visited him in his apartment two or three times after he was married.

Harris worked at Black Self Help until February 1, 1974. He testified that he quit and moved to Oakland with his “wife,” Deborah Turner, because he feared he was going to be killed. Manney testified that he fired Harris on February 1, 1974, because a number of items (cameras, stereo equipment) were missing from the store and customers’ storage units.

Michael Armstrong, age 23, and Thomas Manney knew each other since Armstrong was a young boy and lived in the Ingleside area of San Francisco. Armstrong said he was frequently in the Black Self Help store. Armstrong was granted immunity from prosecution and testified that Manney has asked him to get him some guns. In October 1973, Armstrong obtained a .32 caliber automatic pistol from Ella Bell through a narcotic transaction, and sold it to Manney for $55. In mid-October 1973, with Manney acting as an intermediary, Armstrong sold a .22 caliber automatic pistol to Jessie Cooks for $45. Armstrong had stolen that gun in a burglary. In late October 1973, Armstrong purchased a .32 automatic pistol from a Samoan named Moo Moo Tooa for $30 and sold it to Manney for $55. In November 1973, Armstrong sold a .357 Magnum and two .9 millimeter handguns to Manney for about $120. In April 1974, Armstrong sold a .38 caliber “special” to J.C. Simon for $45.

Thomas Manney and J.C. Simon denied they ever owned or possessed any guns of any kind. Green, Moore, and other defense witnesses denied they ever possessed any guns or saw any guns at Black Self Help.

III. October 20, 1973—Attempted Kidnap of Children; Crimes Committed Against Richard and Quita Hague

On October 20, 1973, a Saturday, Anthony Harris worked at the Black Self Help store. He said he wore a black suit with a Nehru collar and either a white or yellow shirt. He left the store shortly after 6 p.m. When he left, Cooks and Green were leaving the store through the rear door. Harris walked to the bus or streetcar stop at Market and Van Ness to get on a bus or streetcar that would take him to 68 Hilltop Road where he was living with Carolyn Patton.

Harris testified that while he was waiting for a streetcar, Green and Cooks drove up in Green’s Dodge van and offered him a ride home. Green was driving. Cooks was the passenger. After Green drove around the city a while Harris realized they were not taking him home and asked where they were going. Harris noticed that Cooks had a .22 caliber automatic pistol. Cooks kept it in his boot. Harris also observed a long, sharp knife (a machete) next to the driver’s seat. After riding around the city a while Cooks asked Harris if he had his “mind together” and whether he could kill someone. Cooks told Harris he (Harris) had to kill someone, but Harris said he could not do it. Cooks said, “Okay,” and put the gun back in his boot. Harris feared that Cooks might kill him. They drove a while longer until Cooks directed Green to stop and park the van. They parked near a school (Corpus Christi) on Francis Street, which is between Mission Street and Alemany Boulevard in the southwest part of San Francisco.

Harris testified that Cooks and Green left the van. Harris remained in the van and watched Cooks and Green walk up a hill toward a house where three children (Michele Carasco, Marie and Frankie Stewart) were playing in the front yard. Harris testified that the boy came down the steps in front of the house. Cooks grabbed him around the neck and Green grabbed the two girls. Cooks and Green forced the three children toward the van. Cooks held a gun at the side of the boy’s neck. Cooks told Harris to open the doors. Harris opened the doors and got out of the van. The children were struggling. Harris testified that he ran toward the boy, pushed him to the ground, and told Cooks to let him go, because “he would tell his parents on us.” The boy started running and yelling, “cops.” The girls broke loose and ran. The children ran to a nearby house and then to a rectory where a priest provided them with safety. Green said, “Let’s get out of here.” Cooks forced Harris back into the van and they left the area.

Michele Car asco, a perceptive 12-year-old girl, testified that on the night of October 20, 1973, she and other children were having a birthday party for her brother at 71 Francis Street. Michele and two friends, Marie and Frankie Stewart, were playing in the front yard when two black men walked up and one, the bald-headed man (Cooks), asked where Mission Street was located. He then pulled out a gun and told the children, “Just be quiet and follow us.” Michele identified Cooks as the bald or clean-shaven black man who pulled out the gun. She described the other black man as about 20 to 21 years old with a short Afro. The black men forced them to walk to a van which Michele described as a “white, fairly new” van with doors in the back and a door on the side. She testified that there was a third man standing next to the van. Cooks told him to open the door and “get out the sacks.” Michele asked Cooks, “Is this a joke?” Cooks told her to shut up and called her a “brat.” When asked whether the third man next to the van was black or white, Michele testified that “he was kind of half and half,” “he wasn’t all black and he wasn’t all white. He could have been [black], but his complexion was very light.” He was “fairly young” and “medium build.” Michele testified that as they reached the van, Frankie (Stewart) yelled “cops” and ran, and that she and Marie also ran away to a lady’s house and then to the rectory. In court, Michele identified Cooks. The prosecutor did not ask her if she could identify Green or Harris.

Harris testified that after the attempted kidnaping of the three children, Green drove to Broadway in the North Beach area of the city. Cooks told Green to park at a certain place, which turned out to be the north side of Chestnut Street near the intersection of Powell Street.

Richard Hague, a mining engineer, testified that on October 20, 1973, he and his wife, Quita (age 29), lived at 399 Chestnut Street near Stockton Street (on Telegraph Hill). About 9:30 p.m., they went out for a walk. They walked down the hill on the south side of Chestnut (westward) toward Powell Street. Mr. Hague was carrying a wallet with $10 or $11 and credit cards, a house key, and a small silver fruit knife. Harris testified that when they saw the couple (the Hagues) Cooks opened the side door of the van, got out, and ordered Harris out of the van. Green got out of the van. Cooks and Green walked across the street and Harris followed at a distance. Mr. Hague testified that as he and his wife walked down Chestnut Street they saw two black men standing next to a board fence along a vacant lot. As they approached the two men, one walked to the curb side of the sidewalk and forced the Hagues to walk between them. Mr. Hague observed that the black man standing next to the curb (Hague’s right) was either bald or had a clean-shaven head. Hague identified the man in court as defendant Cooks. Mr. Hague did not observe any particular or distinguishing features about the second black man, except that he had medium-length kinky hair, was “average size” (neither large nor small), and wore a checkered coat. Both men appeared to be well-dressed and neatly groomed. Hague testified, as did Harris, that Cooks grabbed Hague’s right arm and said something to the effect, “You’re coming with us in the van. Get into the van.” Harris testified that Cooks pulled out a gun and held it in Mr. Hague’s back. Hague testified that it was the other black man who pointed a pistol at him. Harris testified that he told the woman to run, and that Cooks told him to shut up or “he’ll do me a job.” Mrs. Hague started running down the street yelling, “Oh, my God, this can’t be true. ” Harris testified that Cooks put the gun to the man’s head and told the woman that if she didn’t come back he would shoot and kill the man. Hague testified that he told his wife “they already have us, let’s cooperate and they won’t hurt us,” or something to that effect. Mr. Hague thought they were merely going to be robbed, and that if they did not resist they would not be hurt. Mrs. Hague returned and followed Cooks as he forced Mr. Hague across the street to the van. Hague described the van as a white Dodge with doors on the side and back. Cooks forced him into the van through the side cargo doors and ordered him to lie face down with his head toward the rear of the van. Mr. Hague testified that when he entered the van another black man was sitting in the driver’s seat with one hand over the right side of his face. Hague observed a lot of debris on the floor of the van, and that there were a number of quilted pads similar to pads used by furniture movers. Mr. Hague identified Green’s van (see People’s Exhibit No. 10) as similar to the van in which he and his wife were abducted, including the same type of doors.

Harris testified that while Cooks was forcing the man (Mr. Hague) into the van, the woman (Mrs. Hague) attempted to let the air out of the tires. Cooks went around to the side of the van, grabbed the woman by the hair, slapped her, called her a lot of names, yanked her around the van to the other side and pushed her into the van: Cooks ordered her to lie face down behind the passenger seat with her head to the rear of the van. Mr. Hague was lying behind the driver’s seat. Green was inside the van.

Immediately after Mr. and Mrs. Hague were placed in the van, a San Francisco police car with Officers Bruce Marovich and Benjamin McAlister stopped next to the van to inquire whether anything was wrong. Harris testified that he and Cooks were standing next to the van on the curb side. Cooks went around to the rear of the van and told the officers, who remained in their patrol car, that everything was all right, that they were merely having tire trouble. Officer Marovich identified Cooks as the man who had walked up to the police car and said, “Everything is all right, Officer, we had a flat tire and we’re fixing it.” Officer Marovich identified a photograph of Harris as the second person he saw standing next to the open cargo door on the curb side of the van. Officer Marovich thought a third person was in or near the van, but he was not certain. Officer Marovich did not see or identify Green. Officer McAlister, who testified as a defense witness, saw a black man standing at the rear of the van and a black man seated behind the steering wheel of the van, but he could not identify any of the defendants. After Cooks told the officers everything was all right, the officers drove away. Officer Marovich identified Green’s white or beige van as the same type of van he saw at Chestnut and Powell Streets on the night of October 20, 1973, but on cross-examination he conceded he could riot say it was the same van.

When the police officers left, Harris and Cooks entered the van and Green immediately drove away. Mr. Hague testified that Cooks straddled his body and the other man straddled his wife’s body. Cooks tied Mr. Hague’s hands behind his back with a piece of yellow cord or twine. Cooks then tied Mrs. Hague’s hands behind her back with another piece of yellow cord or twine. Mr. Hague testified that Cooks then went through his pockets and took his (Hague’s) wallet and knife. Mr. Hague kept saying something to his wife. Cooks told him to shut up. Harris testified that the man kept talking, and that Cooks reached behind the seat, grabbed a club of some kind, hit the man on the head a number of times and knocked him unconscious. Harris testified that the woman would not remain quiet so Cooks took his gun and hit her on the back of her head. Mr. Hague also testified that Cooks hit him in the head, that he could feel blood trickling down the side of his face, that the last thing he remembers seeing was a “Safeway” sign near Chestnut and Columbus when he lost consciousness. Mr. Hague did not remember any of the subsequent events.

Harris testified that Green drove down by the docks. Harris noticed a car, which looked like a black Lincoln Continental Mark HI or IV following the van. Cooks told Harris, “Don’t worry about it. It’s all right.”

Harris testified that Cooks asked him if he could rape a white woman, and Harris said it was against the teachings of Islam. Cooks asked Green if he could rape the woman and he said he would not do it. Mrs. Hague told them to go ahead and rape her, take all her money and stuff, “just don’t kill me.” Harris testified that Cooks fondled the woman and then told Harris to “choke her out.” Harris refused.

Harris testified that Green drove to a dark, industrial area near some railroad tracks in the southern part of San Francisco and parked near a high concrete wall. Harris noticed that there were two cars which appeared to have followed them. The two cars stopped about half a block away. One car appeared to be a Lincoln Mark HI or IV and the other car a Cadillac or station wagon.

Harris testified that Cooks and Green got out of the van, opened the side doors, and then he (Harris) got out. Green then grabbed the woman (Mrs. Hague) by her hair, pulled her out of the van, grabbed the machete, pulled her about 20 feet from the van, and, with one hand on his hip and one arm around the woman’s neck, Green threw her to the ground. Harris testified that Green then raised the machete above his head and started slicing and chopping away at the woman’s neck. When he had finished Green walked to where Harris was standing and said, “You ought to have seen all the blood gooshed out of the Devil’s neck.” Green threw his hands up and said, “I did it.” Green had removed Mrs. Hague’s wedding ring and offered it to Harris who said he did not want it.

Harris testified that Cooks had pulled the man (Mr. Hague) out of the van. Cooks took the machete from Green and started “whacking the man with it.” Cooks then offered Harris the machete and asked whether he wanted to hit the man. Harris refused. Harris testified that he kept looking back at the two cars parked nearby. He saw flashes of light as if someone were taking pictures. Meanwhile, Cooks kept hitting the man. Harris told Cooks the man was dead. Green said, “let’s get out of here.” When Cooks finally stopped hitting the man, he climbed into the van and they drove away.

Green and Cooks asked Harris if they could use his place to clean up. They drove to 68 Hilltop Road where Harris was living. Green noticed that there was a lot of blood in the back of the van and wanted some water to clean it out. The moving pads on the floor of the van were bloody. Harris testified that he went into the apartment alone and told Carolyn to go into the bedroom. He did not want her to see Green and Cooks. He took a large plastic pail or trash can, cut a hole on the side, placed it in the sink and filled it with water. The purpose was to use it to wash the blood out of Green’s van. He took the container of water outside. After Green and Cooks had cleaned out the van they went into the house and used the bathroom to clean up. When Green came out of the bathroom he again offered Harris the ring he had removed from Quita Hague’s hand. Green told Harris to give it to “Sister Carolyn,” whom Harris was to marry three days later. Harris took the ring and gave it to Carolyn later that night. On cross-examination, Harris testified that while he had attempted to prevent Carolyn from seeing Green and Cooks in the house (living room), Carolyn looked out from the bedroom and saw them.

Meanwhile, at about 11 p.m., John Battenberg and his wife were driving near 25th and Minnesota Streets when they came across Richard Hague who came staggering out of the darkness with his hands tied behind his back. Battenberg observed that Hague was severely injured. He stopped, untied Hague’s hands, noticed severe lacerations on Hague’s face, neck, and head, and that he appeared to be in a state of shock. Battenberg placed Hague in his car and took him to the southeast police station in the Potrero Hill area. The officers on duty called for an ambulance which took the injured Hague to San Francisco General Hospital. A number of officers went to the area where Battenberg had picked up Hague, recovered the cord used to bind Hague’s hands, and searched the area. Officer John Matulay found Mrs. Hague’s body face down, with her hands tied behind her back, on a railroad track. Her head was nearly severed from her body. (People’s exhibit Nos. 42, 43.)

Harris’ ex-wife Carolyn Patton (Anderson), testified that she had met Jessie Cooks, Larry Green, and J. C. Simon through Temple 26, and that she met Harris at the Black Self Help store. She denied that Harris was living with her before their marriage on October 23, 1973, since under the laws of Islam a man could not come to a single girl’s house without an escort. Before she and Harris were married Harris came to her house for dinner three or four times a week and each time he brought Green with him. Harris never brought Cooks to her house, and Simon never came to her house.

Carolyn Patton testified that one night (before the 11 o’clock T.V. news) in October (1973) Harris came to her apartment at 68 Hilltop Road. He was wearing a black suit with a Nehru collar and a pink shirt which was covered with blood. Harris testified that he had only a speck of blood on the lapel of his suit and that he never wore a pink shirt. Carolyn asked Harris about the blood on his clothes and he said “he was out killing folks,” or “devils. ” Harris testified that he had told her “they [Cooks and Green] had been out killing folks.” Carolyn testified that Harris burned his bloody shirt. Harris denied it. Carolyn testified that Harris gave her a ring while she was in the kitchen that night, and that she retired to the bedroom. She testified that Harris filled a trash can with water and went outside with it, but she did not go outside to see what he was doing. She testified that she did not see Green or Cooks or anyone else with Harris at her home that night.

On the following night, October 21, San Francisco police were on the lookout for a white Dodge van, based on the description of the van received as a result of the attempted kidnap of the children and the crimes against the Hagues. About 11:30 p.m., San Francisco Police Officers Lawrence Man-wilier and Frank Reed stopped a white Dodge van at Steiner and O’Farrell Streets. The driver was defendant Green who was described as black, with a light complexion, hazel eyes, 6 feet 1 inch tall, 150 pounds, and slim. The van was registered to Green who gave his address as 844 Grove Street, apartment No. 7. Officer Reed used his flashlight to look into the van for other occupants. He observed large pieces or sheets of cardboard on the floor in the rear of the van, some cardboard pieces upright on the driver’s side, and pieces of burlap cloth or gunny sacks. The cardboard sheets looked “fairly clean.” There were no moving pads in the van. The officers arrested Green on an outstanding traffic warrant, transported him to northern police station where, with the assistance of Thomas Manney, Green was released on bail. Green was released without being questioned about his possible involvement in the crimes committed the previous night.

In May 1974, after Harris had provided San Francisco police with information about the Hague crimes, San Francisco police inspectors went to Carolyn Patton’s apartment at 68 Hilltop Road, interviewed her, and seized Quita Hague’s wedding ring which Carolyn was still wearing on the little finger of her right hand. Mr. Hague identified the ring as the ring he had given his wife, the former Quita Perelli-Minetti, when they were married in 1966.

Defendant Green testified in his defense. Green testified that he was not with either Harris or Cooks on October 20, 1973, that he was home with a cold that night, and that he had not loaned his van to any other person that night. Green acknowledged that he owned a beige 1971 Dodge van that he used to deliver furniture for Black Self Help, and that it usually had moving pads in it, but no burlap or gunny sacks. Green had driven Harris to his home at 68 Hilltop Road a number of times. Before Harris married Carolyn Patton on October 23,1973, Green had dinner with them three or four times a week. Green denied he was involved in any killings or shootings, and he denied he had attended any meetings at which the killing of white people was discussed.

A. Sufficiency of Evidence to Corroborate Accomplice’s Testimony

The trial court instructed the jury that Anthony Harris was an accomplice as a matter of law, and therefore his testimony had to be corroborated. Cooks and Green argue that the evidence was insufficient, as a matter of law, to corrobórate Anthony Harris’ testimony identifying them as the perpetrators of the crimes against Richard and Quita Hague.

Penal Code section 1111 provides, in part: “A conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.”

To corroborate the testimony of an accomplice, the prosecution must produce independent evidence which, without aid or assistance from the testimony of the accomplice, tends to connect the defendant with the crime charged. (People v. Luker (1965) 63 Cal.2d 464, 469 [47 Cal.Rptr. 209, 407 P.2d 9]; People v. Perry, supra, 7 Cal.3d 756, 769; People v. Szeto (1981) 29 Cal.3d 20, 27 [171 Cal.Rptr. 652, 623 P.2d 213].) “The evidence need not corroborate the accomplice as to every fact to which he testifies but is sufficient if it does not require interpretation and direction from the testimony of the accomplice yet tends to connect the defendant with the commission of the offense in such a way as reasonably may satisfy a jury that the accomplice is telling the truth; it must tend to implicate the defendant and therefore must relate to some act or fact which is an element of the crime but it is not necessary that the corroborative evidence be sufficient in itself to establish every element of the offense charged.” (People v. Lyons (1958) 50 Cal.2d 245, 257 [324 P.2d 556]; see also People v. Luker, supra, 63 Cal.2d 464, 469; People v. Holford (1965) 63 Cal.2d 74, 82 [45 Cal.Rptr. 167, 403 P.2d 423]; People v. Perry, supra, 7 Cal.3d 756, 769; People v. Hathcock (1973) 8 Cal.3d 599, 617 [105 Cal.Rptr. 540, 504 P.2d 476]; People v. Szeto, supra, 29 Cal.3d 20, 27.) Although the corroborating evidence must raise more than a conjecture or suspicion of guilt, it is sufficient if it tends in some degree to implicate the defendant. (People v. Santo (1954) 43 Cal.2d 319, 327 [273 P.2d 249]; People v. Perry, supra, 7 Cal.3d 756; People v. Szeto, supra, 29 Cal.3d 20.) The corroborating evidence of “inculpatory participation” need not be direct nor extend to every fact and detail. It may be circumstantial (People v. Henderson (1949) 34 Cal.2d 340, 343 [209 P.2d 785]), and may be sufficient although “slight and entitled to little consideration when standing alone.” (People v. Wade (1959) 53 Cal.2d 322, 329 [1 Cal.Rptr. 683, 348 P.2d 116]; People v. Perry, supra; People v. Szeto, supra; see also People v. Harper (1945) 25 Cal.2d 862, 876-877 [156 P.2d 249]; People v. Hathcock, supra, 8 Cal.3d 599.) Finally, “[u]nless a reviewing court determines that corroborating evidence should not have been admitted or that it could not reasonably tend to connect a defendant with the commission of a crime, the finding of the trier of fact on the issue of corroboration may not be disturbed on appeal.” (People v. Perry, supra, 7 Cal.3d at p. 774, original italics; People v. Szeto, supra, 29 Cal.3d at p. 27.)

In this case, Richard Hague, Officer Bruce Marovich, and Michele Carasco identified Cooks; therefore, there is no merit to Cooks’ argument that the evidence was insufficient to corroborate the testimony of Harris that he (Cooks) participated in the crimes. No witness, however, other than Harris, identified Green as the third black man in the van on the night of October 20, 1973. Michele Carasco gave police a general description that was consistent with Green’s appearance (see fn. 19, ante), but she could not identify him. There was, however, independent circumstantial evidence that tended to connect Green and his van with the crimes committed on October 20, 1973. The question is whether it was sufficient.

Mr. Hague, Officer Marovich, and Michele Carasco testified that Green’s white or beige van (People’s exhibit No. 10) was the same type of, or similar to, the van used by the three black men in commission of the crimes in question. They conceded that they could not say it was “the van.” Green used his van to deliver furniture for Black Self Help. His van was the only van used for that purpose and the only van among the Black Self Help vehicles. Green usually kept moving pads in his van. Mr. Hague testified that when he was forced into the van he observed, and was ordered to lie on, heavy pads similar to pads used by furniture movers. That observation tended to connect the van to Black Self Help and Green. When Green was stopped by police the night after the crimes, there were no moving pads in his van. The officer saw pieces of “fairly clean” cardboard on the floor in the cargo area. The moving pads had been removed, suggesting that they may have been removed because they were stained with blood, as Mr. Hague and Harris described. One of the officers who stopped Green also observed pieces of burlap cloth or sacks in Green’s van. Michele Carasco testified that Cooks had told one of the men to “get out the sacks.” Green himself testified that on the night of October 20, 1973, no other person used his van that night.

Other circumstantial evidence tended to corroborate Harris’ testimony and connect Green with the Hague crimes. Harris, a relative newcomer to San Francisco, knew few people and had few friends other than Green. Harris and Green worked together and socialized together. They were good friends. Harris owned no vehicle, did not drive, did not have access to any Black Self Help vehicles, and was dependent on Green for transportation. During the week before the Hague crimes, Green had taken Harris to his home at 68 Hilltop Road three or four times and had dinner with Harris and Carolyn Patton. Carolyn testified that Harris never came to her home alone and that Green came with him. Simon and Cooks never came to her house. Although Carolyn denied she saw Green and Cooks with Harris on the night Harris came home and gave her a ring (Quita Hague’s ring), she corroborated Harris’ testimony that he came home, filled a trash can with water and took it outside. Although she denied knowing what Harris was doing outside with a trash can of water at 11 o’clock at night, the evidence indicates that it may have been used to wash the blood out of Green’s van, as Harris testified.

Finally, Harris’ testimony about the crimes committed on the night of October 20, 1973, was corroborated in detail by the testimony of Michele Carasco, Mr. Hague, Officer Marovich, and other police officers who investigated the crimes. Moreover, Harris’ testimony that Cooks participated in the crimes was corroborated by the identification testimony of Mr. Hague, Michele Carasco, and Officer Marovich. When that corroborative evidence is considered with the corroborative evidence tending to connect Green with the crimes, the jury could reasonably conclude that Harris was telling the truth when he testified that Green was the driver of the van. We are unable to hold that the corroborative evidence was insufficient, as a matter of law, to connect Green with the crimes. There was substantial evidence to support the jury’s verdict that Green was guilty of the crimes committed against Richard and Quita Hague. (See, generally, People v. Johnson (1980) 26 Cal.3d 557 [162 Cal.Rptr. 431, 606 P.2d 738]; People v. Green (1980) 27 Cal.3d 1, 55 [164 Cal.Rptr. 1, 609 P.2d 468]; People v. Towler (1982) 31 Cal.3d 105 [181 Cal.Rptr. 391, 641 P.2d 1253]; Jackson v. Virginia (1979) 443 U.S. 307, 317-320 [61 L.Ed.2d 560, 572-574, 99 S.Ct. 2781].)

Cooks argues that the corroborating evidence was also insufficient to support the finding thát he used a firearm in committing the offenses against Mr. and Mrs. Hague. Michele Carasco, however, testified that Cooks had a gun at the time of the attempted kidnap. Her testimony tended to corroborate Harris’ testimony that Cooks possessed a .22 caliber pistol and used it in committing the crimes on October 20, 1973. (See People v. Henderson, supra, 34 Cal.2d 340, 343.)

B. Rereading of Mr. Hague’s Testimony

During its deliberations the jury told the court it wanted to hear again the testimony of Richard Hague “from the time he first saw the two men on the comer until he was knocked out. We would like to hear both sides on this point only.” The trial judge, Cooks’ attorney, one of Green’s attorneys (Mr. Jacko), and the two prosecutors went to the judge’s chambers and agreed on those portions of the transcript that would fulfill the jury’s request. Mr. Hague’s testimony, including relevant direct examination and cross-examination by Mr. Jacko, was then reread to the jury. Green’s attorney, Mr. Jacko, then objected and requested that additional portions of his cross-examination of Mr. Hague be reread, particularly that portion which related to the black man seated in the driver’s seat of the van. The trial judge denied Mr. Jacko’s request because he had not requested that those portions of his cross-examination be reread when they had met in chambers and agreed on the testimony to be reread. On appeal, Cooks and Green argue that the trial court erred in denying Mr. Jacko’s request.

Generally, the trial court must allow the rereading of relevant testimony as requested by the jury. (See Pen. Code, § 1138; People v. Butler (1975) 47 Cal.App.3d 273 [120 Cal.Rptr. 647]; People v. Litteral (1978) 79 Cal.App.3d 790 [145 Cal.Rptr. 186].) In this case the trial court substantially complied with the jury’s request. A review of the cross-examination in question shows that Mr. Jacko did not cross-examine Mr. Hague about the third black man seated in the driver’s seat of the van. Mr. Jacko did ask Mr. Hague three questions about what he meant by “black man. ” Those questions, however, did not relate to the driver of the van. Moreover, they preceded, and were separate from, those portions of the cross-examination that were reread. Mr. Jacko’s cross-examination of Mr. Hague related primarily to the “second black man” who held a pistol pointed at Mr. Hague while outside the van. Accordingly, we conclude that under the circumstances the trial court did not abuse its discretion in denying Mr. Jacko’s request. Neither Cooks nor Green was prejudiced by the trial court’s ruling since Mr. Jacko’s cross-examination of Mr. Hague did not relate to Cooks and it was apparent from all the testimony that was reread that Mr. Hague could not identify Green. (See Cal. Const., art. VI, § 13; People v. Watson (1956) 46 Cal.2d 818, 834-837 [299 P.2d 243].)

IV. October 23, 1973—Cooks Kidnaps and Assaults Linda Enger

On October 23, 1973, about 8:30 p.m., Linda Lou Enger, a 27-year-old college graduate with a degree in psychology, was walking to her apartment at 75 Waller Steet, near the University of California Extension at Laguna and Waller, when she realized a man was following her. She removed her keys from her purse and ran to the entrance of her apartment building, but before she could open the door the man, Cooks, grabbed her arm and held a .22 caliber automatic pistol against her neck. Cooks told her to be quiet, not to try anything, or he would kill her. Cooks forced her to walk down Waller toward Octavia Street. He insisted that she place her arm around his neck as they walked. They walked to a parking lot under a freeway where Cooks made her remove her lightcolored raincoat because it was “too conspicuous. ” She placed it in some bushes with her purse and briefcase. With Cooks holding the gun in his hand, Enger and Cooks walked up Octavia Street to a minipark where they sat and talked. In response to Cooks’ questions, Ms. Enger told him she had attended a meeting at the Unitarian Church that night. They discussed the activities of the church. Cooks then forped her to walk to a vacant lot at the corner of Buchanan and Page Streets. With gun in hand, Cooks ordered Ms. Enger to sit in some bushes. After about half an hour of conversation, Cooks asked Ms. Enger if she were going to call the police. She said she would not. Cooks, however, said he was convinced she would call the police and therefore he would have to kill her. He pointed to two places on her forehead and said if he shot her in either place she would be dead immediately, before anyone found her, and he would be “long gone. ” Ms. Enger kept talking to him. Cooks asked her how she felt about the world situation, the environment, the war in Viet Nam, the oppression of black people. In discussing those subjects, Cooks said the time had come to put an end “to this sort of thing, ” meaning the oppression of black people. Cooks said the “world had to be changed,” that “people were going to be killed and the streets would be lined with blood. ” Cooks said “people would be killed indiscriminately, and that there was no use to be afraid or upset with it.” Ms. Enger tried to convince Cooks that killing people was “not a valid thing to do.” Cooks replied, “he didn’t feel that was the case, that was just the way things were, that is the way it worked.” That conversation lasted about an hour. Cooks threatened 10 to 15 times to kill her.

Ms. Enger changed the subject and thought she had convinced Cooks not to kill her. However, she thought if she could get back to her apartment there was a better chance that someone would be near if he did decide to shoot her. Cooks and Ms. Enger returned to the parking lot where she had left her raincoat, purse and briefcase. She picked up those items. Cooks accompanied her to her apartment and left a while later. Ms. Enger telephoned a friend and reported the two-hour ordeal to the police.

Two days later, Cooks telephoned Ms. Enger at work and asked why she was not in her apartment the previous night. Ms. Enger told him she was afraid of him. Cooks asked if she had gone to the police, and she said, “No.” Cooks asked, “Do you want me to just leave you alone. ” Ms. Enger said, “Yes,” and Cooks ended the call.

V. October 30,1973—Cooks Murders Frances Rose and Is Immediately Arrested

On October 30, 1973, at approximately 9:05 p.m., Frances Rose, a 28-year-old Caucasian woman, was shot and killed in her Ford Mustang in the driveway of the University of California Extension at 55 Laguna Street, San Francisco. She was shot four times, once in the right side of her chest, once in the right side of her neck, and twice in the right side of her face with a .22 caliber automatic pistol. (People’s exhibit No. 56.) A witness, who lived in an apartment across the street, saw the gunman walk away from the car. She described him as a black man about 25 years old, 5 feet 10 or 11 inches tall, muscular build, wearing a navy-blue watch cap, light-colored pants, an olive-green jacket, and gloves. She described the suspect to police who arrived at the scene within a couple of minutes. A few minutes later, because he matched the description of the gunman, police stopped Cooks about five or six blocks away near Waller and Steiner Streets. Cooks had discarded his cap and jacket. He was perspiring profusely. The officers pat-searched him and found he was carrying a loaded .22 caliber automatic pistol. The officers transported Cooks to the place of the shooting, turned him over to Inspector Falzon who transported him to the Hall of Justice. Seventeen .22 caliber long bullets were found in a pocket of Cooks’ pants. After he was advised of his constitutional rights, Cooks agreed to make a statement. Cooks said he first met Frances Rose when she pulled up in her car and offered him a ride. He got into the car and once in the car he became very angry because she began making racial slurs by calling him a “Nigger. ” He became angry and shot her three, “possibly four, ” times. Cooks told the officers where he had discarded his cap and jacket. Officers found the navy-blue watch cap and olive-green jacket about 50 feet from where Cooks was detained.

The .22 caliber automatic pistol seized from Cooks was the gun Michael Armstrong sold to Cooks in October 1973. Anthony Harris testified that the gun was the same as the gun he had seen in Cooks’ apartment.

VI. November 25, 1973—Murder of Saleem Erakat

On the morning of November 25, 1973, a rainy Sunday, 52-year-old Saleem Erakat was shot and killed in a back room of his small grocery store at 452 Larkin Street, San Francisco. He was apparently killed shortly after 11 a.m. Erakat was shot once in the head, behind his right ear, with a .32 caliber automatic pistol. His body was found in a sitting position in a corner of the store’s restroom. (People’s exhibit No. 57.) Erakat’s hands were tied behind his back with a necktie. His wallet, checkbook, and wristwatch had been taken from him. The pockets of his trousers, in which he usually carried $150 to $200, had been turned inside out and were empty. An estimated $800 to $900 in currency had been taken from a cigar box, and money had been taken from the cash register. Police found one .32 caliber bullet and one empty .32 caliber shell casing on the floor of the room where Erakat was shot. A quilt with nine bullet holes, but no bloodstains, was apparently used by the gunman to muffle the noise of the gunshot. Anthony Harris’ palm print was lifted from the doorknob inside the room where Erakat was killed.

On November 25, 1973, Harris was staying at the Empress Hotel at 144 Eddy Street. (See fn. 17, ante.) Harris testified that on the morning of the Erakat killing he telephoned J. C. Simon to inquire whether there was any work for him at Black Self Help that day. Harris wanted to earn extra money. Simon told Harris no one was working but he could go to the store and clean. Harris did not have a key to the store. Simon, who had a key to the store, said he would pick up Harris. Harris asked him to pick him up at the YMCA at Golden Gate Avenue and Leavenworth Street, which was two blocks from Erakat’s store. About 20 or 30 minutes later, Simon drove up in Green’s Dodge van. Eddy Land was with Simon. Harris entered the van. Simon drove around a couple of blocks, stopped on Larkin Street, said something about a “sting” at the store, told Harris to get out of the van and walk across the street, which was directly across the street from Erakat’s store. Simon and Land drove around the block, parked the van on Golden Gate Avenue near Larkin, and walked to Erakat’s store. Harris remained standing across the street a few minutes and then walked across the street to Erakat’s store. Harris saw no one inside the store. He walked inside. Simon came out of the back room and told Harris not to let anyone into the store. A man came into the store. Harris met him at the doorway and told him the store was closed. Harris closed the front door of the store and placed a “closed” sign in the window of the door. Shortly thereafter a woman came to the store and asked whether Mr. “Saleem” was in, and Harris told her he was not. She left, returned and looked through the window, and then left again. Harris testified that a couple of seconds later he heard a “pow” in the back room of the store. He walked to the back room of the store, looked in and saw Simon, Land and a man (Erakat) on the floor with blood coming out of him. Simon was standing over the man and holding a bag. Harris testified that he just stood there and looked at Erakat while Simon and Land walked out of the room. Harris said he then “hurried out of there. ” Simon and Land told Harris to wait and see that no one followed them. Simon and Land walked to the van parked on Golden Gate Avenue. Harris waited a couple of minutes and then joined Simon and Land in the van. Harris testified that Simon had a black briefcase and a small pistol. Simon, Land, and Harris then went to the Black Self Help store. Simon told Harris to start cleaning the store, but a short time later Simon told Harris he had to leave the store because Simon did not want Manney to find him there. Harris testified that he then walked to his girl friend’s (Deborah Turner) apartment on Webster near Hickory Street, a distance of four to six blocks. Harris denied he took Erakat’s wallet and wristwatch from Erakat’s body.

About noon on the day of Erakat’s murder, a city bus driver on the No. 5 McAllister Street line was checking his bus at the end of his route at Ocean Beach when he found Erakat’s wallet stuffed in a rear seat of the bus. He also found some of Erakat’s credit cards and papers scattered on the floor of the bus. Later that day, he reported his findings to the police. He remembered that two black men had gotten on his bus at McAllister and Jones Streets, sat on the rear seat of the bus, and had gotten off at Fillmore. He thought one man resembled a person he knew (Henry Bonham). His description of the second black man did not match Harris.

Two days after the Erakat murder, Harris pawned Erakat’s wristwatch, for $10, at a San Francisco pawn shop. Harris testified that he took the watch from the Black Self Help store because Manney owed him money. When Harris pawned the watch he used his true name and the address of Black Self Help.

Simon and Land denied any involvement in the Erakat murder and robbery. They denied they saw Harris that day. The defense was alibi. On November 25, 1973, the Nation of Islam Temple 26 leased the auditorium and banquet hall at the Scottish Rite Memorial Temple at 19th and Sloat Boulevard, San Francisco. The lease provided for use of the facilities from 11 a.m. to 6 p.m. The main purpose of the meeting was to raise funds for construction of a hospital. The featured speaker was Minister Yusaf Hazziz, the former Joe Tex. Simon testified that he went to the Scottish Rite Temple about 9:40 a.m. that day (Nov. 25) to help prepare the auditorium and banquet hall for t