People v. Manson (61 Cal. App. 3d 102, 1976)

Opinion

VOGEL, J.

Facts

Appellants Charles Manson, Patricia Krenwinkel, and Susan Atkins were indicted by a grand jury on seven counts of murder and one count of' conspiracy to commit murder. Appellant Leslie Van Houten was indicted in two of the same seven counts of murder and in the conspiracy count.

A jury found all appellants guilty as charged and further found the murders to be of the first degree. After the penalty phase the same jury imposed death sentences upon all appellants. The resulting judgment was appealed directly to the Supreme Court (Pen. Code, § 1239, subd. (b)). While this case was pending that court decided People v. Anderson (1972) 6 Cal.3d 628 [100 Cal.Rptr. 152, 493 P.2d 880], cert. den., 406 U.S. 958 [32 L.Ed.2d 344, 92 S.Ct. 2060], invalidating the death penalty. On that basis, these appeals were transferred to this court for determination.

The Homicides

The events giving rise to the charges contained in the indictment are two successive multiple homicides occurring in the City of Los Angeles during August of 1969. We here recite the nature of the homicides. Additional facts are discussed in the segments of this opinion to which they have primary relevance.

THE TATE MURDERS: In August of 1969 Roman Polanski and his wife, Sharon Tate Polanski, were tenants in residence at 10050 Cielo Drive. During this time Mr. Polanski was out of the country and Mrs. Polanski maintained the residence. Wojiciech Frykowski and Abigail Folger lived with her. Mrs. Winifred Chapman was the cook and housekeeper. Mrs. Chapman left the main residence between 4 and 4:30 p.m. on August 8, 1969.

On the following day, August 9, Mrs. Chapman returned to the Cielo Drive residence and discovered a ghastly scene. The police were summoned and on investigation located five victims of a brutal homicide. Just inside the entrance to the residence and near the entry gate they located a Rambler automobile. Inside of the vehicle they found the body of Steve Parent. The bodies of Frykowski and Folger were on the front lawn. In the living room, connected by a piece of rope, police located the bodies of Tate and Jay Sebring. A towel was wrapped around Sebring’s neck and covered his face.

Substantial amounts of blood and blood trails were found about the property. The word “Pig” was written in blood on the front door. Examination of the bodies by the coroner revealed that the victims suffered numerous injuries. Tate suffered 16 stab wounds. Folger was found to have been stabbed 28 times. Sebring’s body showed seven penetrating stab wounds and one fatal gunshot wound. Frykowski’s body exhibited 51 stab wounds and his scalp had 13 lacerations apparently inflicted with a blunt instrument; Frykowski’s body had two gunshot wounds. Parent’s body had five gunshot wounds.

There was no apparent evidence of ransacking or larceny. Jewelry and some money were found on the victims and on the premises.

THE LA BIANCA MURDERS: On August 10, 1969, Frank Struthers, the 16-year old son of Rosemary La Bianca, returned from a vacation to his home at 3267 Waverly Drive. Expecting to find his mother and stepfather, Leño La Bianca, Struthers instead discovered the dead body of Leño La Bianca. Police were summoned to the residence. Mr. La Bianca’s body was in the living room, his face covered with a blood-soaked pillow case. His hands were tied behind his back with a leather thong. A carving fork was stuck in his stomach, the two tines inserted down to the place where they divide. On Mr. La Bianca’s stomach was scratched the word “War.” An electric cord was knotted around his neck. The coroner’s examination revealed 13 stab wounds, in addition to the scratches, and 14 puncture wounds apparently made by the tines of the carving fork. A knife was found protruding from his neck.

Mrs. La Bianca’s body was found in a front bedroom. Her hands were tied with an electric cord. A pillow case was over her head and an electric cord was wound about her neck. Her body revealed 41 separate stab wounds.

There was no apparent evidence of ransacking. Except for Rosemary La Bianca’s wallet, no property appeared to be missing from the victim’s bodies or from their home.

“Death to the Pigs” was written in blood on a wall in the living room; over a door, “Rise”; and on a refrigerator door, “Healter [j/c] Skelter.”

The Conspiratorial Relationship

At trial, respondent’s evidence strongly supported a theoiy that the homicides were the product of conspiratorial relationships and activities. An enormous amount of evidence bearing on the societal association between Manson, Atkins, Krenwinkel, Van Houten and certain third persons was introduced. The scope of these relationships in terms of time and intensity is germane. While it is true that mere association with the perpetrator of a crime does not prove criminal conspiracy, it is a starting place for examination. (People v. Lewis (1963) 222 Cal.App.2d 136, 144 [35 Cal.Rptr. 1].)

The very nature of this case and the theory of the prosecution compel reference to circumstantial evidence of the conduct and relationship of the parties. People v. Kobey (1951) 105 Cal.App.2d 548 [234 P.2d 251] confirms that such reference is proper: “Virtually the only method by which a conspiracy can be proved is by circumstantial evidence—the actions of the parties as they bear upon the common design. It is not necessary to show directly that the parties actually closeted themselves, attained the proverbial meeting of the minds and agreed to undertake the unlawful acts. [Citation.] It is a familiar principle of the law that in deriving whether an agreement was unlawful the triers of the fact may consider the events that occurred ‘at or before’ or ‘subsequent’ to the formation of the agreement. From the proof of the occurrences beforehand and at the time of the agreement linked with evidence of the overt acts a jury may determine that a criminal conspiracy was formed. [Citations.] The major portion of the evidence might consist of the conversations and writings of the conspirators or it may consist of the overt acts done pursuant to the conspiracy. Such acts may establish the purpose and intent of the conspiracy and relate back to the agreement whose purpose may be otherwise enshrouded in the hush-hush admonitions of the conspirators. Whatever be the order of proof the jury has finally to determine whether the alleged conspiracy has been established.” (People v. Kobey, supra, p. 562; see also, People v. Steccone (1950) 36 Cal.2d 234, 237-238 [223 P.2d 17]; People v. Wheeler (1972) 23 Cal.App.3d 290, 307 [100 Cal.Rptr. 198]; People v. Finch (1963) 213 Cal.App.2d 752 [29 Cal.Rptr. 420].)

Sometime in 1967 Manson found his way to the Haight-Ashbury district of San Francisco. While there he became associated with young girls and women who were runaways, drop outs or otherwise disassociated with conventional society. He obtained a Volkswagen bus, collected some of his female companions, and began traveling about the country.

Ultimately, he established a commune of about 20 people at Chatsworth, California. Composed of Manson’s companions from Haight-Ashbury and others, the members were mostly young women, three of whom had young children. The group became known as the “Family” even though none were related by blood or marriage except for the mothers and children. The Family, a community unto itself, rejected conventional organizations and values of society. By August 1969 the commune included Susan Atkins, Patricia Krenwinkel, Leslie Van Houten, and two other co-indictees—Charles Tex Watson and Linda Kasabian.

At Chatsworth the Family occupied portions of an established horse ranch owned and operated by George Spahn. Spahn permitted the group to live there in exchange for the young women doing certain domestic and secretarial work and the young men maintaining the ranch trucks. The Family used certain bunkhouses, and other buildings, and also maintained campsites, one of which was located in Devils Canyon (the “Waterfall”).

Without doubt, Manson was the leader of the Family. The scope of his influence ranged from the most simple to the most complex of matters. He decided where the Family would stay; where they would sleep; what clothing they would have, and when they would wear it; when they would take their evening meal; and when they would move. Additionally, he concerned himself with the structure and composition of the Family. Manson directed that the children not be cared for by their natural mothers because he believed the children should be freed of their mothers’ “ego.” He wanted the children kept out of sight because he believed they were being watched by the Black Panthers.

Manson ordered one of the male members of the Family, Paul Watkins, to get more females and bring them to him. Instructing the female members of the Family to provide sexual favors to members of the commune, and to do the same for outsiders for the purpose of recruiting new members, Manson also directed them to deny their-favors if enlistment seemed unlikely.

Manson established an elaborate system of security. At his direction female members were ordered to stand guard. Members were ordered to dye T-shirts black for use at night. Walkie talkies were set up and used to connect the different campsites on the ranch. Camouflage was used to cover some of the property. Clearly, Manson’s directions were designed to insulate the Family from the outside world.

Manson’s position of authority was firmly acknowledged. It was understood that membership in the Family required giving up everything to Manson and never disobeying him. His followers, including the co-appellants, were compliant. They regarded him as infallible and believed that he was a “God man” or Christ. Family member Danny DeCarlo testified that each co-appellant said that “Charlie sees all and knows all.” Kasabian was told by the others “We never question Charlie. We know that what he is doing is right.”

The Family’s willingness to follow Manson’s directions is salient to the People’s theory of the case. The establishment and retention of his position as the unquestioned leader was one of design. A fundamental method used by him to inculcate the Family with his views of life, values, and philosophy was to address them after evening meals. On these occasions Manson would do most of the talking or play his guitar and sing songs, many of which purported to cariy profound messages. Manson firmly believed these gatherings were necessary.

He frequently repeated to members of the Family (including the co-appellants, collectively or individually) exhortations on the relationship between love and death. Manson’s preoccupation with the subject is vividly revealed in a statement by Manson to Paul Watkins: “In order to love someone you must be willing to die for them and must be willing to kill them, too. You must be willing to have them kill you. You must be willing to experience anything for them.”

Manson had a fascination with the Beatles and with one of their songs, “Helter Skelter” in particular. Telling the Family and others that the Beatles were speaking to him and warning of imminent conflict between the blacks and the whites, Manson gave the name Helter Skelter to a chimerical vision of a race war. To the Family, Helter Skelter meant the occurrence of a revolution started by blacks to gain control of the world to subdue the conventional establishment of the college educated, wealthy white community and power structure. These whites were referred to by Manson and his followers as “Pigs.”

Manson frequently discussed this revolution with members of the commune, describing in detail how whites would be atrociously murdered by blacks. The killings would be marked by the symbolic ritual of writing with the blood of the victims. A major theme of Helter Skelter was that Manson would lead his followers to safety during the apocalyptic event and, at its conclusion, he and the Family would emerge from this place of safety—a bottomless pit located in Death Valley—and take control of the world and restore order. Connected to the aberration of Helter Skelter was Manson’s equation of himself to Jesus Christ, his followers as the true Christians and members of conventional white society as the Romans—otherwise designated “Pigs.”

A further facet of this fantasy included Manson’s pronounced interest in death. One witness aptly testified, “Death is Charlie’s trip. It really is.” Manson spoke of Helter Skelter constantly. With the passage of time, his concern became intense. He finally proclaimed he would have to cause the revolution. There is specific evidence that Manson declared the belief that he would have to show the “nigger” how to do it. Family member Dianne Lake testified that in the summer of 1969 Manson told her “. . . we had to be willing to kill pigs to help the black people start revolution Helter Skelter.” In the presence of Lake and of the co-appellants Manson said, “I am going to have to start the revolution.” By the summer of 1969, the time he predicted Helter Skelter would begin, he talked about it more and more. Quite obviously, a fundamental part of life in the commune entailed exposure to Manson’s obsession with Helter Skelter.

Evidence of Other Crimes

To amplify the extent of Manson’s influence on the Family, testimony of certain sexual activities was presented.

Kasabian testified that on one occasion an unidentified 16-year old girl, clad only in bikini panties, was placed in the center of a room. Many of the Family members were present, including appellants. Manson made advances to this' girl. She bit him. He struck her in the face, knocking her to the ground, and committed an act of sexual intercourse with her. He then bid the other male and female members to engage in sexual acts with the girl. Manson then directed all the members of the Family to take off their clothing and to “make love” together. They followed his directions.

Barbara Hoyt, a witness for respondent, was a member of the Family. She described an incident where she was ordered by Manson to orally copulate Juan Flynn, a frequent associate of the Family. Hoyt testified that she did not want to perform the act, but did so because she was afraid of Manson.

Relying on Evidence Code section 1101, Manson contends the above matters were highly prejudicial and erroneously admitted. We find no error. “[E]vidence of other crimes is inadmissible as regards guilt when it is offered solely to prove criminal disposition because the probative value of such evidence as to the crime charged is outweighed by its prejudicial effect. However, such evidence may be properly admissible if it is offered to prove a fact material to the charged crime and meets the general tests of relevancy as to such fact. ‘[T]he general test of admissibility of evidence in a criminal case is whether it tends logically, naturally, and by reasonable inference, to establish any fact material for the People or to overcome any material matter sought to be proved by the defense.’ [Citations.]” (People v. Durham (1969) 70 Cal.2d 171, 186 [74 Cal.Rptr. 262, 449 P.2d 198], cert. den., 395 U.S. 968 [23 L.Ed.2d 755, 89 S.Ct. 2116].)

Although the evidence concerning these events was indeed dramatic, it nevertheless reasonably tended to show Manson’s leadership of the Family, the inference being that if Manson could induce bizarre sexual activities, he could induce homicidal conduct. While the evidence is less than flattering, its prejudicial character is outweighed by its evidentiary value showing Manson’s involvement in the murders. (People v. Randolph (1970) 4 Cal.App.3d 655, 661 [84 Cal.Rptr. 559].)

Kasabian’s Testimony

The only direct evidence tying appellants to the commission of the Tate-La Bianca murders was the testimony of Family member Linda Kasabian. She testified that on the evening of August 8, 1969, at the Spahn ranch, Manson told her, “Now is the time for Helter Skelter.” He ordered her' to get a change of clothing, a knife and her driver’s license. Kasabian complied and when she returned with those articles Manson Hold her “. . . to go with Tex and to do what Tex told [her] to do.” She then proceeded to an automobile. Watson was standing next to the driver’s side talking with Manson. Atkins and Krenwinkel were in the back seat. Kasabian and Watson then got in the car and began to leave. At that moment Manson called for them to stop and they did. Manson went up to the car, put his head in and said, “You girls know what I mean, something witchy.” Watson then drove directly to 10050 Cielo Drive, where he stopped the car, got out and appeared to cut some overhead wires. He then turned the vehicle around and parked it. Kasabian held three knives and one gun which Watson had asked her to discard if they were stopped en route.

The car was parked and all four got out. With Watson carrying some rope, they proceeded up a hill, over an embankment or fence and into the outer premises of a private residence. A car approached towards a gate opening onto the street. As it stopped, Watson leaped forward with gun in hand. The driver said, “Please don’t hurt me I won’t say anything.” Watson shot him. Kasabian saw the driver slump over. Tex turned off the ignition.

They proceeded to the house. Watson ordered Kasabian to go to the back to look for open doors or windows. She did as directed, found none, and returned to the front of the house. Kasabian saw Watson cut a window screen. She did not, however, see anyone enter the house as Watson then told her to return to the “car” to stand lookout. She did as directed.

Within a few minutes Kasabian heard screams and the words “No, please, no” coming from the house. She ran to the house. She saw a man exiting with blood on his face. The man fell to the ground. Atkins came out and Kasabian said “Sadie, please make it stop.” Atkins replied, “It is too late.” While these remarks were being exchanged the man who had fallen got up. He was attacked by Watson who stabbed and clubbed him. Kasabian observed Krenwinkel with a knife in her hand chasing a woman. Kasabian ran back to the car Watson had parked.

Eventually Krenwinkel, Atkins and Watson returned to that car. They had blood on their clothes. Watson got behind the wheel, the others got in, and they all left. Kasabian discovered they no longer had her knife with them and that a portion of the grip of the gun was broken. It had been intact when she saw it earlier that night. In the course of traveling away from the residence Watson, Atkins and Krenwinkel changed clothes. At Watson’s direction Kasabian threw the removed clothing out of the car and later did the same with the remaining knives. The group returned to the Spahn ranch to find Manson outside waiting for them. He asked if they felt any remorse and they said no. He directed them not to talk about the event with anyone at the ranch and to get some sleep. They then retired.

After dinner on the following day, Kasabian was with appellants Krenwinkel and Van Houten at the Spahn ranch. Manson told the three women to get a change of clothes and to meet him at the bunkhouse. When they arrived there Manson, Atkins, Watson, Krenwinkel and Steven Dennis Grogan, another Family member, were present. Manson told them they were going out again that night. He said the killings of the preceding night were too messy and he was going to show them how to do it. As they all entered the car Manson gave Kasabian a leather thong. With Kasabian driving and Manson giving directions, they drove about in a random fashion, making some stops to permit Manson to check out locations for the ostensible purpose of locating victims to murder.

After driving about through a maze of roads, Manson ordered Kasabian to stop the car in front of a residence on Waverly Drive. Kasabian recognized the home as belonging to Harold True, a man known to some of the Family. She told Manson he could not go there. Manson stated he was going next door (the La Bianca residence). Manson got out and left the others. Several minutes later he returned. He said that he had tied up a man and a woman. Manson then spoke directly to Van Houten, Krenwinkel and Watson, advising, “Don’t let them know you are going to kill them.”

After the others exited, Manson got back in the car with Kasabian, Atkins and Grogan. Manson handed Kasabian a wallet, telling her he wanted to dispose of it so that it would be found by a black person who would use the credit cards. His expressed hope was that the blacks would be blamed for the crime. Leaving Van Houten, Krenwinkel and Watson at the La Bianca residence, Kasabian, Atkins, Grogan and Manson departed. They stopped at a gas' station where Kasabian hid the wallet in a restroom. Manson then drove to the beach where he spoke to Kasabian about an actor she had met. Manson gave Kasabian a small pocket knife and instructed her to kill the actor. She showed Manson the apartment house where the actor lived. Manson then gave Grogan a gun and told Grogan and Atkins to go with Kasabian into the actor’s apartment. After telling all three to hitchhike back, Manson told Atkins to go to the Waterfall when she returned. Manson then left.

Kasabian claimed she wanted to abort the suggested killing and succeeded in doing so. She testified that she purposely led the other two to the wrong apartment. Kasabian, Grogan and Atkins then started their return and arrived back at the ranch mid-morning of the next day to find Manson asleep in the parachute room.

Kasabian Immunity

From the outset of her testimony—July 27, 1970—Kasabian made it clear that she had been tendered a grant of immunity (Pen. Code, §. 1324). However, no written request for her immunity was filed with the court until August 10, 1970, after the completion of direct examination. On that date the trial judge signed the order requiring her to answer questions.

Manson, complaining that the failure to rule on Kasabian’s immunity status prior to the completion of her direct testimony constituted reversible error, relies on the following declaration in People v. Walther (1938) 27 Cal.App.2d 583, 590-591 [81 P.2d 452]: “We may assume that the district attorney has a right to arbitrarily select one of two coconspirators to whom he may tender immunity from prosecution in reward for his state’s evidence against his colleague, but such evidence is open to suspicion lest the temptation thus to escape a threatened penalty of law may result in unreliable testimony. Under such circumstances the evidence of a coconspirator should be examined with great, care. When a codefendant who is a coconspirator has been offered immunity from prosecution in reward for his testimony, the cause should be promptly dismissed against him. Otherwise, the maintenance of the action against him throughout the trial may serve to intimidate the witness and furnish an inducement for him to color his testimony.”

We do not interpret Walther as standing for an inflexible rule of law. Walther instructs that pending charges should be promptly dismissed. We therefore hold that the admissibility of testimony of a witness who has been offered immunity must turn on the facts of each case. In contrast to the Walther court, the Supreme Court confronted a similar situation with a different result in People v. Lyons (1958) 50 Cal.2d 245 [324 P.2d 556]. In Lyons, the defendant complained that his accomplices had been induced to testify untruthfully against him. Prior to testifying the accomplices had entered a plea of guilty to certain charges. The court had postponed the sentencing of the accomplices until they had testified against the defendant. The prosecution conceded that the accomplices had been induced to testify by promises of reduced sentences.

We are of the opinion that no meaningful distinction exists between testimony obtained as the result of a grant of immunity and testimony obtained as the result of a plea bargain. Both “furnish the defendant with a powerful weapon for attacking the credibility of the inherently suspect witnesses. . . .” (People v. Lyons (1958) 50 Cal.2d 245, 265 [324 P.2d 556].) Neither is necessarily unfair as a matter of law.

It is naive to suggest that an offer of immunity is not enticing to a witness who would otherwise be exposed to serious criminal charges. It is equally naive to suggest that the immunity should be given entirely, completely and finally without first obtaining the testimony that invited the grant of immunity in the first place. A fundamental purpose of Penal Code section 1324 is to make possible the prosecution of criminal conspiracies. (People v. Pineda (1973) 30 Cal.App.3d 860, 866-868 [106 Cal.Rptr. 743].)

Authority cited in support of appellants’ contention is not applicable. The evidence does hot show that Kasabian was offered immunity on the condition that her testimony produce a conviction (see People v. Green (1951) 102 Cal.App.2d 831, 834-835 [228 P.2d 867]) nor does it show that the trial judge or anyone else gave Kasabian reason to believe that her testimony must conform to certain statements that she made to any law enforcement officers. (See Rex v. Robinson (1921) 30 B.C. 369 [70 D.L.R. 755]; People v. Medina (1974) 41 Cal.App.3d 438, 452-455 [116 Cal.Rptr. 133].) There is absolutely no evidence that the offer of immunity to Kasabian was conditioned on anything other than her testifying fully and fairly about her knowledge of the Tate-La Bianca murders. Her testimony was properly admitted.

Collaterally, Manson points out that prior to calling Kasabian as a witness, she was interviewed by the prosecution. From that he invites the conclusion that her testimony is nothing more than a script written by respondent. The fact of her interview is hardly startling. Common sense generally compels lawyers to interview witnesses prior to calling them. Pragmatic lawyers do not call witnesses unless they expect favorable testimony. Manson was not denied a fair trial by reason of the interview.

Competency of Kasabian

Prior to Kasabian’s testimony Manson moved to have her examined by a court-appointed psychiatrist to determine her competency. The motion was supported by declarations asserting that Kasabian had used LSD in substantial amounts and over a period of several years. The declaration of A. R. Tweed, M.D., was also attached. Doctor Tweed identifies himself as a psychiatrist; his declaration renders the opinion that habitual long term use of LSD can affect an individual’s ability to perceive and otherwise adversely affect mental orientation and declares that a psychiatric examination of Kasabian “would be an important tool to evaluate” her mental status and ability “to give a picture as undistorted as possible.” The court denied Manson’s application to have Kasabian examined and permitted the witness to testify. By her own admission Kasabian had used LSD approximately 50 times since 1965. She used other hallucinogenics as well. However, she testified that, with one possible exception, she did not use any LSD or other hallucinogenic between May and August, 1969. She admitted to the use of marijuana during this period.

Relying on Ballard v. Superior Court (1966) 64 Cal.2d 159 [49 Cal.Rptr. 302, 410 P.2d 838, 18 A.L.R.3d 1416], Manson and his co-defendants reasserted their demand that Kasabian be examined by a court-appointed psychiatrist. Each time the motion was made it was denied.

To clarify the issue we note that appellants’ contention has two parts: (1) that Kasabian was incompetent because she was so disabled by the use of LSD that she could not perceive that about which she purported to testify; and (2) that the use of LSD had so disabled Kasabian’s mind that her testimony was not credible.

The trial court is vested with the responsibility to determine competence (People v. Blagg (1970) 10 Cal.App.3d 1035, 1039 [89 Cal.Rptr. 446]) by the standard found in Evidence Code sections 700-702. Here our main concern is with Evidence Code section 702 that “the testimony of a witness concerning a particular matter is inadmissible unless he has personal knowledge of the matter. Against the objection of a party, such personal knowledge must be shown before the witness may testify concerning the matter. [If] A witness’ personal knowledge of a matter may be shown by any otherwise admissible evidence, including his own testimony.”

The code requirement of “personal knowledge” includes the capacity to perceive accurately and the capacity to recollect what has been perceived. (Jefferson, Cal. Evidence Benchbook (1972) § 26.2, p. 351.) This standard points to two time frames: (1) the time of perception; (2) the time of recollection. In the instant case there was no evidence that Kasabian was under the influence of any hallucinogenic at the time of the critical events about which she testified or at the times she testified. Notwithstanding Dr. Tweed’s declaration concerning the possible affects and delayed reactions—flashbacks—that attend the use of LSD, the record does not support a disqualification of the witness under the Evidence Code as a matter of law. While the impeaching effect of her use of hallucinogenics was properly placed before the jury, her competence to be a witness was a question properly resolved by the court. (United States v. Barnard (9th Cir. 1973) 490 F.2d 907, 912, cert. den., 416 U.S. 959 [40 L.Ed.2d 310, 94 S.Ct. 1976]; People v. McCaughan (1957) 49 Cal.2d 409, 420 [317 P.2d 974].)

Appellants reliance on Ballard v. Superior Court, supra, is misplaced. Ballard and its progeny provide for appointment of a psychiatrist to examine a prosecuting witness in a sex offense case to ascertain credibility. The procedure, which may result in the psychiatrist testifying to give his opinion concerning the veracity of the witness, is applicable to the subject of impeachment and not to competency. Whether or not a psychiatrist is appointed is a matter within the sound discretion of the trial court. (People v. Russel (1968) 69 Cal.2d 187, 195 [70 Cal.Rptr. 210, 443 P.2d 794].)

The nature of the charges in this case is such that psychiatric testimony for purposes of impeachment would be extraordinary. “In cases not involving sex offenses California courts usually reject attempts to impeach a witness by means of psychiatric testimony.” (People v. Johnson (1974) 38 Cal.App.3d 1, 6-7 [112 Cal.Rptr. 834].) While we do not suggest that Ballard is necessarily limited to cases involving sex offenses, we here accept the admonition “[that a] psychiatrist’s testimony on the credibility of a witness may involve many dangers: the psychiatrist’s testimony may not be relevant; the techniques used and theories advanced may not be generally accepted; the psychiatrist may not be in any better position to evaluate credibility than the juror; difficulties may arise in communication between the psychiatrist and the jury; too much reliance may be placed upon the testimony of the psychiatrist; partisan psychiatrists may cloud rather than clarify issues; the testimony may be distracting, time-consuming and costly.” (People v. Russel, supra, 69 Cal.2d at p. 195, fn. 8.)

The trial court’s denial of the motion for psychiatric examination was proper. In 18 days of examination Kasabian testified clearly and comprehensibly. Her descriptions were not unclear and her demeanor was candid. Her testimony in its entirety demonstrates her competency. (People v. Pike (1960) 183 Cal.App.2d 729, 732 [7 Cal.Rptr. 188].) We find no error.

Corroboration

Kasabian’s description of her involvement in the Tate-La Bianca murders would have justified her prosecution for those offenses. Accordingly, the trial court properly characterized her as an accomplice as a matter of law. Consequently, Kasabian’s testimony must be corroborated with respect to each appellant. (Pen. Code, § 1111.)

The character and nature of corroborative evidence may be very general and may vaiy according to the circumstances of each case. (People v. Luker (1965) 63 Cal.2d 464, 469 [47 Cal.Rptr. 209, 407 P.2d 9].) On the other hand, the standard by which the sufficiency of such evidence is determined has been repeatedly articulated. In People v. Hathcock (1973) 8 Cal.3d 599, 617 [105 Cal.Rptr. 540, 504 P.2d 476], the Supreme Court succinctly stated that standard as follows: “ ‘The evidence required for corroboration of an accomplice “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.” [Citations.] Moreover, evidence of corroboration is sufficient if it connects defendant with the crime, although such evidence “is slight and entitled, when standing by itself, to but little consideration.” [Citations.]’ ”

Commonly a defendant’s own statements and admissions are found to be sufficient corroboration to support the testimony of an accomplice. (People v. Negra (1929) 208 Cal. 64, 69 [280 P. 354].) This case is no exception. Although appellants’ admissions and declarations are not the exclusive corroborative evidence, they are the most substantial. Appellants have asserted various grounds of reversible error with respect to some of this corroborative evidence. These evidentiary objections are here considered in their substantive context with respect to each appellant.

MANSON CORROBORATION — ITEM 1: Among the circumstances implicating Manson in the Tate-La Bianca murders are his frequently proclaimed prophesies of Helter Skelter. Predicting a war started by blacks “ripping off” white families in their homes, Manson stated that “Blackie” (the blacks) would revolt against and kill the “Pigs” (the white establishment). From 1968 through the summer of 1969 Manson told various people about Helter Skelter and what it entailed.

Family member Barbara Hoyt testified that between April and September 1969 Manson spoke of Helter Skelter frequently. He said Helter Skelter “. . . was coming down fast” and that he “would like to show the Blacks how to do it.”

Dianne Lake testified that in June, July and August of 1969 Manson stated to various members of the commune, including coappellants, that they “had to be willing to kill pigs to help the black people start the revolution ‘Helter Skelter’.” During the summer of 1969, Manson repeatedly stated that he would have to start the revolution.

Another witness testified that in July 1969 Manson told him: “ ‘Well, I have come down to it, and the only way to get going is to show the black man and the pigs is to go down there and kill a whole bunch of these fuckin’ pigs.’ ”

Paul Watkins, testifying that Manson told him Helter Skelter would start in the summer of 1969, described Manson’s plan: “[T]here would be some atrocious murders; ... some of the Spades from Watts would come up into the Bel-Air and Beverly Hills District and just really wipe some people out, just cut bodies up and smear blood and write things on the wall in blood, and cut little boys up and make the parents watch. All kinds of just super-atrocious crimes that really would make the white man mad.” Manson told Watkins the deeds would precipitate a retaliation by whites who would shoot “black people like crazy;” ultimately Muslims would appear and shame the white people for their reaction. The blacks would murder the whites by “sneaking around and slitting their throats.” According to Watkins, Manson declared that “He had to bring [Helter Skelter] down.” Significantly, Manson’s description of the killings to occur during Helter Skelter included the writing of the word “Pig” on walls or otherwise smearing walls with the blood of the victims.

Where the identity of the accused is in issue, his prior conduct may, under proper circumstances, be admitted to prove intent, motive or knowledge of a particular plan and scheme that reasonably tends to connect him to the crime in question. (Evid. Code, § 1101, subd. (b).) The testimony of these several witnesses tends to confirm that Manson was the originator and purveyor of a warped fantasy. The consistency of the statements reveals an intense obsession on Manson’s part to see the fulfillment of his prediction. The similarity between the Helter Skelter prophesy and the manner in which the Tate-La Bianca murders occurred is sufficiently great to be characterized as strong circumstantial evidence to corroborate the testimony of Kasabian. (People v. Alcalde (1944) 24 Cal.2d 177 [148 P.2d 627]; People v. Wilt (1916) 173 Cal. 477 [160 P. 561].)

Manson argues that the statements of intent to do a future act were not directed against the victims of the crimes with which he was charged and that it was therefore error to admit them. A similar contention has been rejected by our Supreme Court. It is only necessary that the threats show “some connection with the injury inflicted on the deceased.” (People v. Wilt, supra, 173 Cal. at p. 482.)

The declarations of intent attributed to Manson are admittedly general. However, his declarations to foment bloodshed, even without specific reference to a particular victim, are relevant because the actual method and manner of the killings substantially conformed to Manson’s predictions. The indefiniteness of a threat is not necessarily an obstacle to its admission if there is sufficient collateral evidence to bring the ultimate victims within the generic class of the subject of the threat. (People v. Craig (1896) 111 Cal. 460, 466 [44 P. 186]; State v. Presley (1973) 110 Ariz. 46 [514 P.2d 1234, 1235]; 1 Wigmore on Evidence, § 106; 40 C.J.S., Homicide, § 206(c), pp. 1110-1111.) Here, even though Manson’s declarations never included a specific threat against the victims of the Tate-La Bianca murders, they, in fact, came within his generic threats and were properly admitted.

Moreover, the declarations were properly admitted as evidence of the particular method and mode by which a crime was to be committed in the future. They were relevant to the issue of motive and knowledge which in turn tends to prove identity. (See People v. Neal (1950) 97 Cal.App.2d 668, 673 [218 P.2d 556].)

Manson’s pronouncements pertaining to Helter Skelter are proper corroboration of Kasabian’s testimony. Even slight and circumstantial evidence which, standing alone, would be insufficient for conviction and entitled to little consideration, will serve to corroborate an accomplice. (People v. Simpson (1954) 43 Cal.2d 553, 563 [275 P.2d 31]; People v. Wayne (1953) 41 Cal.2d 814, 822 [264 P.2d 547]; People v. Claasen (1957) 152 Cal.App.2d 660, 664 [313 P.2d 579].) The probative value of this evidence to corroborate Manson’s participation in the murders outweighed any undue prejudice; it was properly admitted in accordance with Evidence Code section 1101, subdivision (b). (People v. Beamon (1973) 8 Cal.3d 625. 632-633 [105 Cal.Rptr. 681, 504 P.2d 905].)

MANSON CORROBORATION — ITEM 2: Juan Flynn was a witness for the prosecution. He testified that he lived at Spahn ranch, earning his room and board as a laborer. While there he met Manson and the other members of the commune. Flynn did not become a member of the Family but did frequently associate with its members on an intimate basis. Flynn testified that Manson admitted to him that he was “doing all [the] killings.” This testimony was limited to Manson only.

On August 18, 1970, prior to testifying at this trial, Flynn had given a statement to the Los Angeles Police Department. Appellants were provided with a 16-page report of that interview. The report did not refer to the foregoing incident and admission. Sometime before Flynn’s testimony, appellants were, however, provided with a later written communication revealing Manson’s admission as quoted above. Flynn’s prior inconsistent statement omitting reference to Manson’s admission was used to impeach Flynn’s subsequent testimony including the admission.

In an attempt to rehabilitate Flynn, respondent called David Steuber, a California highway patrolman. Steuber testified that he interviewed Flynn on December 19, 1969, at Shoshone, California, and that he recorded the interview. The recording, produced in court, includes a statement by Flynn substantially similar to his in-court testimony concerning Manson’s admission. Ultimately, the critical portion of the Steuber tape was played for the jury.

Before the jury heard the tape appellants made strenuous objections on several grounds, all of which were overruled. Manson now assigns as reversible error the admission of the Steuber tape.

There is no disagreement that Flynn’s failure to reveal this critical admission when interviewed by the Los Angeles Police Department raised the specter of recent fabrication. It is elementary that recent fabrication may be inferred when it is shown that a witness did not speak about an important matter at a time when it would have been natural, for him to do so. When that inference does arise, it is generally proper to permit rehabilitation by a prior consistent statement. “Different considerations come into play when a charge of recent fabrication is made by negative evidence that the witness did not speak of the matter before when it would have been natural to speak. His silence then is urged as inconsistent with his utterances at the trial. The evidence of consistent statements at that point becomes proper because ‘the supposed fact of not speaking formerly, from which we are to infer a recent contrivance of the story, is disposed of by denying it to be a fact, inasmuch as the witness did speak and tell the same story.’ ” (People v. Gentry (1969) 270 Cal.App.2d 462, 473 [76 Cal.Rptr. 336].)

Respondent asserts that the Steuber tape was admissible pursuant to Evidence Code section 1236. Manson argues that section 1236 is inapplicable because the witness was shown to have a bias or motive for fabrication before the time of the prior consistent statement. (Evid. Code, § 791, subd. (b).)

The predicate for Manson’s assertion turns on collateral facts. On August 16, 1969, Spahn ranch was raided by the Los Angeles County Sheriff’s office in connection with suspected criminal activity involving the theft of dune buggies. The raid resulted in a number of people, including Flynn, being arrested. On cross-examination Flynn was asked whether or not he was mad at Manson because of this incident. Flynn answered that he believed Manson and the Family were responsible for the raid but that he did not blame Manson. Additionally, Flynn testified that he worked off and on as an actor. On cross-examination Flynn was asked if he was testifying in order to obtain fame, the clear insinuation being that Flynn was cooperating as a prosecution witness in order to advance his own theatrical ambitions. Flynn denied that suggestion. Manson’s argument turns more on the insinuation of the questions than on any of Flynn’s testimony. The questions, and not Flynn’s answers, suggest that Flynn developed a bias as a result of his being arrested on August 16, 1969.

Appellant’s argument fails because it ignores the fact that Evidence Code section 791 has two parts. Subdivision (a) permits evidence of a prior consistent statement to rehabilitate a witness impeached by a statement contrary to his trial testimony while subdivision (b) allows the prior consistent statement to rehabilitate after an express charge or implication of recent fabrication or of bias. Whether or not subdivision (b) of Evidence Code section 791 is applicable is of no consequence to the application of subdivision (a) of that section. Even if it is assumed the Steuber tape postdated the inception of any bias or motive to fabricate on the part of Flynn, that fact would only bear on its introduction within the circumstances described in subdivision (b) of section 791. It certainly would not preclude application of subdivision (a) of section 791 and the introduction of the Steuber tape predating the August 16, 1970, interview. The statement was properly admitted. (Cf. People v. Duvall (1968) 262 Cal.App.2d 417, 420-421 [68 Cal.Rptr. 708]; People v. Walsh (1956) 47 Cal.2d 36, 41-43 [301 P.2d 247].)

An additional complaint about the Steuber tapes is based on Manson’s assertion that the prosecution failed to comply with a discovery order. The contention lacks merit. The prosecution, claiming it first learned of the Steuber interview during the course of Flynn’s cross-examination, represented that it had no contact with Steuber or the District Attorney of Inyo County for whom Steuber was acting until after Flynn was under cross-examination. The deputy district attorney offered to be sworn and to testify to that fact.

Furthermore, appellant had. the opportunity to cross-examine both Steuber and the District Attorney of Inyo County and thus to discover the circumstances by which the representatives of Los Angeles County came into possession of the Steuber tapes. Having foregone the opportunity to ascertain whether or not the “Steuber tape” was known to the prosecution in advance of trial, Manson cannot now successfully claim a violation of the discovery order. There is simply a void in the evidence that appellant did nothing to fill even with the opportunity to do so.

Another contention made by Manson with respect to the introduction of the Steuber tape is that the tape was “suppressed.” Suppressed evidence is that evidence favorable to the defendant which the prosecution fails to disclose prior to or during trial. (People v. Ruthford (1975) 14 Cal.3d 399, 406 [121 Cal.Rptr. 261, 534 P.2d 1341].) In this case, Flynn’s testimony concerning Manson’s admission was made known to appellant before trial. Delay in producing the tape itself until after trial commenced does not transform Flynn’s testimony into “suppressed” evidence.

Three other evidentiary complaints that Manson asserts concerning Flynn’s testimony must be discounted.

Flynn’s testimony concerning threats on his life, relevant to his state of mind and credibility, was properly admitted despite Manson’s assertion to the contrary. The threats tend to explain Flynn’s delay in relating some of his trial testimony. While it is generally true that a defendant cannot be held accountable for threats made against witnesses without his consent or authority (People v. Terry (1962) 57 Cal.2d 538, 565-566 [21 Cal.Rptr. 185, 370 P.2d 985]), here the court admonished the jury to consider Flynn’s testimony “. . . solely as to what this witness’ state of mind may have been with respect to relating to law enforcement persons the substance of the matters covered by his testimony in this trial. This testimony is not to be considered for any purpose with regard to Mr. Manson, that is, his testimony on these conversations.” The admonition removed the impediment to such testimony since Manson was not held accountable for it.

Another aspect of Flynn’s testimony drawing charges of error was his statement that on one occasion Manson said, “Well, why don’t we go in there and tie them up and cut them to pieces.” Referring to occupants of a house with whom Flynn was acquainted, Flynn’s testimony was in response to a question concerning a conversation Flynn had with Manson about the epithet “pig.” The question was asked on cross-examination after the subject was raised on direct. Consequently, inquiry and response were proper. (Evid. Code, § 356; Long v. Cal. Western States Life Ins. Co. (1955) 43 Cal.2d 871, 881 [279 P.2d 43].) Even so, at the insistence of appellants’ counsel, the court admonished the jury to disregard the declaration attributed to Manson. No prejudice resulted.

Flynn testified that on one occasion he saw Manson fire a handgun, and he identified an exhibit otherwise identified as one of the murder weapons as being that gun. Flynn’s testimony indicated that Manson fired the gun at or in the direction of Flynn and a third person. Manson cites the receipt of this testimony as prejudicial error. We disagree. Manson’s use of the handgun is circumstantially relevant. It tends to connect him to one of the instruments of the Tate murder. The court admonished the jury to disregard Flynn’s testimony insofar as it pertained to Manson’s target. That admonition was sufficient and there was no error.

MANSON CORROBORATION — ITEM 3: The handgun introduced in evidence as People’s Exhibit 40 was a weapon to which Manson had access. Consistent with Kasabian’s testimony concerning the use of a gun by Watson to strike Frykowski on the head, pieces of a righthand pistol grip were found at the Tate residence. These pieces fit People’s Exhibit 40. While there is no contention that Manson was at the Tate residence, evidence that a weapon used by him was a weapon used in the Tate murders has some probative value in demonstrating a relationship between him and the event. (People v. Buono (1961) 191 Cal.App.2d 203, 220 [12 Cal.Rptr. 604]; People v. Channell (1951) 107 Cal.App.2d 192, 197 [236 P.2d 654].)

MANSON CORROBORATION — ITEM 4: It is uncontradicted that prior to August 1969, Manson was acquainted with the Cielo Drive residence and with the home of Harold True adjoining the La Biancas’ home on Waverly Drive. Even though no homicide occurred in True’s residence, the circumstance that Manson was familiar with both general locations is susceptible to an interpretation exceeding mere coincidence. “The state of mind' of a person is a fact to be proved like any other fact when it is relevant to an issue in the case; and when knowledge of a fact has important bearing upon the issues, evidence is admissible which relates to the question of the existence or nonexistence of such knowledge, [citations].” (Larson v. Solbakken (1963) 221 Cal.App.2d 410, 418 [34 Cal.Rptr. 450].)

MANSON CORROBORATION — ITEM 5: The fact that Leño La Bianca’s hands were tied with leather thongs is circumstantially probative. Several witnesses testified that Manson frequently wore such thongs around his neck and in November of 1969 leather thongs were recovered from Manson’s clothing.

AGGREGATE OF MANSON CORROBORATION: In the aggregate, the evidence is more than sufficient. “Although the corroboration must connect the defendant with the commission of the offense, it ‘may be slight and entitled to little consideration when standing alone.’ [Citation.] The requisite corroboration may be provided by circumstantial evidence.” (People v. Valerio (1970) 13 Cal.App.3d 912, 923 [92 Cal.Rptr. 82].)

In addition to Manson’s admissions, his relation to the Buntline revolver (Exh. 40), his familiarity with the locations of the crimes, and. his habit of having on his person the same kind of material used to bind one of the victims are, in the aggregate, circumstantial evidence corroborating the testimony of Kasabian. (People v. Henderson (1949) 34 Cal.2d 340 [209 P.2d 785].)

CORROBORATION—ATKINS, KRENWINKEL, VAN HOUTEN: An important part of the evidence produced to corroborate accomplice testimony against Atkins, Krenwinkel and Van Houten consisted of their independent admissions and declarations. These are summarized as follows:

(1) Atkins—After her arrest and while incarcerated at Sybil Brand Institute awaiting trial, Atkins confided in two other inmates concerning her participation in the Tate murder. These inmates, Virginia Graham Castro and Roni Howard, informed the law enforcement agencies of the admissions. Another inmate, Roseanne Walker, testified that she and Atkins listened to a broadcast concerning the Tate and La Bianca murders. Atkins commented on the broadcast, “That ain’t the way it went down.” In addition to the statements made to fellow inmates, Atkins wrote several letters inculpating herself in the Tate-La Bianca murders. Of these, three were marked and admitted into evidence. Finally, Family member Barbara Hoyt was allowed to testify that she overheard Atkins say that Sharon Tate was the last to die.

(2) Krenwinkel—Through the testimony of Dianne Lake, the jury was informed that Krenwinkel.admitted she “had dragged Abigail Folger from the bedroom to the living room.”

(3) Van Houten—Dianne Lake testified that Van Houten told her that she had participated in the stabbing of a dead body. The substance of the testimony implies that Van Houten participated in the La Bianca murders.

The jury was instructed that these enumerated admissions were admissible only as to each respective declarant.

With respect to co-appellants Krenwinkel and Atkins, there is corroboration beyond their admissions and declarations. Krenwinkel’s fingerprint was found at the Tate residence. As to her, that is sufficient corroboration by itself. (People v. Ray (1962) 210 Cal.App.2d 697, 703 [26 Cal.Rptr. 825].)

Discarded clothing found by a witness in the vicinity of Cielo Drive was examined for blood and other evidence. A chemist testified that not all the stains were capable of interpretation; he was, however, able to positively identify the stains on one item as human, blood type B. Folger, Fiykowski and Parent had blood type B. Human hair was found on another of the items. Compared with Atkins’ hair, testing showed similarities in terms of color, length and medullary characteristic. While the location of clothes with bloodstains in the vicinity of Cielo Drive only substantiates Kasabian’s testimony, the identification of hair similar to Atkins’ hair on that clothing provides corroboration within the meaning of Penal Code section 1111 as to Atkins. The weight given to such evidence is for the jury. (See People v. Carr (1972) 8 Cal.3d 287, 292 [104 Cal.Rptr. 705, 502 P.2d 513]; 31 Am.Jur.2d, Expert and Opinion Testimony, § 129.)

Krenwinkel was ordered by the court to provide exemplars of her handwriting. On the advice of counsel, she refused. Evidence of her refusal was admitted against Krenwinkel. Obviously the purpose of this procedure focused on the writings in blood at the scenes of the homicides. The refusal to give a handwriting exemplar tends to show a consciousness of guilt and is both corroborative and independently probative. (People v. Hess (1970) 10 Cal.App.3d 1071, 1076-1077 [90 Cal.Rptr. 268, 43 A.L.R.3d 643].)

Other evidence included the fact that Van Houten, Krenwinkel and Atkins gave false names when they were arrested. The use of an alias is circumstantial evidence of consciousness of guilt. It is therefore relevant and corroborative of Kasabian’s testimony. (People v. Perry (1972) 7 Cal.3d 756, 775-776 [103 Cal.Rptr. 161, 499 P.2d 129]; People v. Olea (1971) 15 Cal.App.3d 508, 515 [93 Cal.Rptr. 265]; Pen. Code, § 1127c.)

Krenwinkel also contends there is no corroborative evidence to connect her with the commission of the La Bianca murders. She erroneously presumes her implication in the Tate murders is not corroborative within the meaning of Penal Code section 1111. The fact that these crimes occurred on successive dates and in a significantly similar way is very probative. It is a circumstance of corroborative nature properly considered by the trier of fact. (People v. Robinson (1960) 184 Cal.App.2d 69, 77 [7 Cal.Rptr. 202]; People v. Wilson (1926) 76 Cal.App. 688, 694-695 [245 P. 781].)

Aranda-Bruton

Relying on People v. Aranda (1965) 63 Cal.2d 518 [47 Cal.Rptr. 353, 407 P.2d 265] and Bruton v. United States (1968) 391 U.S. 123 [20 L.Ed.2d 476, 88 S.Ct. 1620], all appellants assign error to the admission into evidence of the declarations of Atkins, Krenwinkel and Van Houten.

When the prosecution is in possession of a declaration inculpating not only the declarant but another nondeclaring codefendant, Aranda commands an election from among three procedures: (1) a severance of the nondeclarant codefendant to permit him a separate trial; (2) editing a declaration to delete all matter inculpating the nondeclarant; or, (3) exclusion of the entire declaration if the case is to proceed as a joint trial and there is no reasonable way to edit the declaration to delete the inculpating material. Bruton expanded the Aranda holding to constitutional dimensions.

When Atkins’, Krenwinkel’s and Van Houten’s admissions were offered, the court conducted evidentiary proceedings, editing the admissions and eliminating references to co-appellants and Watson. As submitted to the jury, the declarations read in the first person.

After each admission the jury was instructed to consider the admission only as to the particular declarant to whom it was attributed. Consequently, we find no error in the procedure followed. These admissions, the testimony of Linda Kasabian, and items of physical evidence sufficiently and independently linked each appellant to the commission of the crimes charged. That connection is sufficient to discount any claim of error regarding admission of the edited statements. We find no case suggesting “that it is Bruton or Aranda error to admit in evidence the admission or confession of one defendant, which reflects his commission of a crime that is revealed by the physical evidence, because it might reflect on the issue of whether or not a crime was actually committed by not only the declarant but also by another, whom evidence, other than the confession, links to the declarant’s activities. In fact Aranda suggests the contrary. It suggests that if references to the participation of anyone else, whether directly or indirectly identified or not, are nonexistent, or are deleted, the trial may be joint, and the extrajudicial statement may be received as against the declarant . . . .” (People v. Epps (1973) 34 Cal.App.3d 146, 157 [109 Cal.Rptr. 733]; see also, People v. Romo (1975) 47 Cal.App.3d 976, 984 [121 Cal.Rptr. 684].)

We recognize appellants’ contention that the theory of the prosecution is in large part dependent upon evidence pertaining to the life style and communal organization of these people. In opposing the introduction of the admissions, counsel for Krenwinkel eloquently argued that to admit them would be highly prejudicial because other evidence made it clear that these people ate together, slept together, had sex together, and functioned as a unit so that identification of one amounted to identification of all. This argument misses the point.

The issue is whether or not the declaration of one connects 'a nondeclarant to the crime in question. The problem confronted by Aranda and Bruton is typically the case where the only evidence linking the nondeclarant codefendant is the admission of his accomplice. Here all appellants are linked to the crimes by the testimony of Kasabian. Over and above Kasabian’s testimony there is the substantial corroborating evidence discussed above. Because each admission was edited to delete any explicit reference to anyone other than the declarant, none was made inadmissible by reason of circumstantial implications that might be drawn by the jury.

Concluding that introduction of the declarations of appellants did not violate the mandate of Aranda or Bruton, we note also that, in any event, if error did occur, it was harmless beyond a reasonable doubt. (Brown v. United States (1973) 411 U.S. 223, 231 [36 L.Ed.2d 208, 215, 93 S.Ct. 1565]; Harrington v. California (1969) 395 U.S. 250 [23 L.Ed.2d 284, 89 S.Ct. 1726].)

Sufficiency of the Evidence

The testimony of Kasabian and the evidence offered in corroboration thereof, if believed by the jury, is sufficient to support the verdicts of guilty as to each appellant. (People v. Tewksbury (1976) 15 Cal.3d 953, 962 [127 Cal.Rptr. 135, 544 P.2d 1335]; People v. Bynum (1971) 4 Cal.3d 589, 599 [94 Cal.Rptr. 241, 483 P.2d 1193].)