THE PEOPLE, Plaintiff and Respondent, v. BILL BRADFORD, Defendant and Appellant, 15 Cal. 4th 1229

Opinion GEORGE, C. J. Following the guilt and special circumstance phase of a capital trial, a jury found defendant Bill Bradford guilty of the first degree murders of Shari Miller and Tracey Campbell (Pen. Code, §§ 187, 189). The jury also found true the special circumstance that defendant had committed multiple murder. (§ 190.2, subd. (a)(3).) Following the penalty phase of the trial, the jury imposed the death penalty. After denying defendant’s motion for modification of the verdict imposing the death penalty, the court sentenced defendant to death for the minders of Shari Miller and Tracey Campbell.

This appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment in its entirety. I. Facts The evidence at trial established that between July 4 and July 6, 1984, defendant killed Shari Miller in a remote desert area, stored her body in the trunk of his vehicle for a number of hours, and then deposited her body in a parking lot in West Los Angeles, where it was discovered on the morning of July 6, 1984. The evidence also established that on July 12, 1984, defendant drove Tracey Campbell to the same remote desert area, where he killed her that day or the following day.

On this occasion defendant left the body at the desert site, where it was discovered on August 11, 1984. A. Guilt Phase Evidence 1. Disappearance of Shari Miller Defendant became acquainted with Nicholas (Nick) Klos in 1982. Klos often camped in a horseshoe-shaped “bowl area” in an isolated part of the desert near Lancaster, south of Edwards Air Force Base, and on two weekends in April 1983, Klos and defendant, accompanied by others, had driven their motorhomes to that site.

Approximately one week prior to July 4, 1984, defendant contacted Klos and inquired whether he intended to go to the bowl area on July 4, 1984. Approximately one week later, defendant again contacted Klos and asked for directions to the bowl area. Shari Miller, who was 21 years of age, lately had been residing in her automobile. She was acquainted with Marcia Peltier and Michael Faddis. In late June 1984, Faddis, who sometimes recovered used but undamaged clothing from trash containers, had given Shari a blouse with a snail print on it.

During June, Shari had given Faddis a double-bladed knife in a double sheath that she desired to sell. Near the end of June, Faddis returned the knife to her because he had been unable to sell it for her. In late June 1984, Shari had shown her mother, Mara Lyn Miller, a ring decorated with a carved head of an “Indian chief.” At that time Shari wore her hair long. On June 29, Shari telephoned her mother from Daniel Freeman Memorial Hospital, telling her that, while in the shower, she had received a bad cut requiring five stitches on her left arm just below the elbow.

Shari, wearing a bandage on her arm, arrived at her mother’s residence that night, remaining overnight. At approximately 2:20 p.m. on Saturday, June 30, Mrs. Miller overheard Shari place a telephone call and address someone as “Bill,” telling him she was sorry she had missed him the week before and inquiring whether the job still was available. Afterward, Shari informed her mother that she was going to have a job posing for a photographer, modeling leather jackets and boots for In The Wind magazine.

Telephone records subsequently confirmed that a telephone call had been made from the Miller residence to defendant’s residence at 2:22 p.m. on June 30. Mrs. Miller saw her daughter for the last time when Mrs. Miller left the residence at approximately 3:00 p.m. on the afternoon of June 30. On the afternoon of July 1, Shari met her friend Carolyn Bury and told her that she was looking forward to the opportunity within the next week to model leather outfits for a photographer who “had a lot of money,” lived on a boat in the marina, and owned a motorcycle.

The photographer would provide the clothing, and Shari “made it very clear that there wouldn’t be any nude shots.” Bury previously had observed that Shari had three tattoos: Harley-Davidson motorcycle “wings” on her left ankle, Winnie the Pooh on her abdomen close to her pubic hair, and an “S” on the bottom of her foot. Shari wore her hair long. Bury had noticed Shari wearing a silver ring made from a spoon. On the night of July 1 or early on the morning of July 2, Shari, wearing cutoff jeans and a sleeveless top, arrived at a residence where Marcia Peltier was staying.

Between 9:00 a.m. and 11:00 a.m. on July 2, the two women made lists of things they planned to do that day. Shari’s list included the notation: “Bill Bradford, Meat Market, 6:00 p.m.” Shari mentioned an upcoming modeling job. At approximately 11:00 a.m., Kurt Androsky, a house painter who recently had become acquainted with Shari, arrived. Androsky, who did not have transportation that day and who knew Shari wanted a job, inquired whether she would assist in the completion of a house-painting job at a residence in the San Fernando Valley. She accepted and, driving her vehicle, left with Kurt to go to the jobsite.

During their drive to that location, Androsky, a narcotics user, injected methamphetamine, and Shari attempted to do so but was unsuccessful. Androsky and Shari arrived between 11:00 a.m. and noon and painted the building for six or seven hours, using yellow paint. Beverly Holst, the owner of the residence, recalled that on a date within several days of July 4, when Holst returned from work, she noticed that Androsky was employing a female assistant dressed in a tank top and cutoff jeans. Holst observed in the driveway a brown or blue vehicle similar in size to a Dodge Dart.

The backseat of the vehicle was filled with miscellaneous items. Androsky and Shari departed at approximately 6:30 p.m. and proceeded to the Meat Market, a bar in West Los Angeles. Shari mentioned to Androsky that she had an offer to model for a photographer, using motorcycles as props, on the following day. After Shari made a telephone call, the photographer arrived at the bar. Shari introduced the man but Androsky was unable to identify defendant as the man he had met. Shari dropped off Androsky in Venice at approximately 9:00 p.m. that evening.

Schylee O’Hare, a bartender at the Meat Market bar, was acquainted both with defendant and Shari, a former employee at that bar. At approximately noon on July 3, Schylee waited on the sidewalk for the bar to open. Shari drove up, exited from her vehicle, and asked Schylee for a dime, stating she was going to telephone defendant, who had arranged to take photographs of her. Schylee observed that Shari was wearing a tank top, jeans, and leather moccasins that laced up to the knee. Evans Haas had become acquainted with defendant at the Meat Market bar in early June, and also previously had met Shari.

Just before noon on Tuesday, July 3 or Wednesday, July 4 (he was not certain which date), Haas visited defendant’s apartment on Midvale Avenue in Los Angeles to inspect a motorcycle that defendant had offered for sale. Approximately one hour later, Shari, wearing long jeans, arrived at defendant’s apartment. Defendant’s motorcycle was not functioning properly, and at approximately 2:00 p.m., Haas and defendant took one of the motorcycle parts to Bartels Harley-Davidson shop in Culver City.

The shop was open, and defendant had a conversation with an employee concerning the part, which purportedly had been repaired. When defendant and Haas returned to the apartment, Shari was asleep inside defendant’s automobile. Defendant asked Haas to stand holding a bottle of liquor next to Shari and took a Polaroid photograph of them. Approximately 45 minutes later, at 2:30 p.m., Haas departed. Gary Williams, who together with his mother, Olga Talbot, shared the apartment on Midvale Avenue with defendant, was introduced to Shari on that day.

Williams recalled driving in and out of the garage as Haas and defendant worked on the motorcycle. Although Williams testified at trial that the date was July 1, relying upon the circumstance that he had not gone to work that day, he was impeached with his preliminary hearing testimony indicating that the date was July 3 and with his employment records demonstrating that he had not worked on July 3.

At approximately 5:00 p.m. on July 3 or 4 (he was uncertain which date), Todd Heidrick, a cousin of Tracey Campbell, who had become acquainted with defendant, was walking along Midvale Avenue in Los Angeles on his way to West Hollywood. Defendant drove up in his automobile and agreed to give Todd a ride. Defendant was accompanied by someone whom he introduced at the time as “Shari,” whom Todd later identified from photographs. At approximately 6:00 p.m. on July 3, Shari arrived at the residence of Oliver De La Torre, with whom she had become romantically involved the previous month.

She spent the evening but departed at 1:00 a.m. on July 4. Appearing to be apprehensive, Shari told De La Torre that she had agreed to meet someone at a bar but did not want to go to the meeting. She asked De La Torre to leave the door unlocked, because she would return during the night, but she failed to return. Olga Talbot later told the police that, on July 4, she awoke at 4:30 a.m., as was her custom. On her way to the store, she walked past the living room sofa where defendant slept, noticing he was not present.

Talbot soon returned, remaining inside the apartment except for a period of several hours in the afternoon. Defendant did not return until late that evening. As discussed below in greater detail, photographs of Shari later were found in defendant’s possession. The photographs depicted Shari wearing various outfits such as a dress or cutoff jeans and a blouse, posing before distinctive rock formations in the desert. The bandage on her arm was visible. One photograph, taken while Shari was lying down, depicted her bare breasts close up, with her shirt pushed back under her arms, which were held against her body.

A police forensic photographer later determined, by taking photographs at the same desert sites during the same time of year and attempting to duplicate the shadows, that one of the photographs of Shari had been taken at approximately 11:05 a.m. and another had been taken at approximately 2:00 p.m., indicating Shari was alive at least until the early afternoon of July 4. 2. Discovery of the body of Shari Miller At 6:00 a.m. on July 6, Steven Craig, who had an office near the comer of Elm Street and West Pico Boulevard in West Los Angeles, arrived at work and parked his automobile in an alley near Elm Street.

As he walked toward the front of the building, he noticed a large bundle in the parking lot. At 9:50 a.m. that morning, Los Angeles Police Department (LAPD) Officer Edwin Souza was dispatched to the parking lot. He observed a bundle covered by a quilt that was stained with blood. A strong odor emanated from the quilt and a human hand was visible. LAPD homicide detectives, including John Rockwood and John St. John, observed the body at the scene and were present at the time the coroner’s investigators unwrapped the quilt.

The body, initially identified as Jane Doe No. 60, was that of a partially decomposed Caucasian female, five feet nine inches tall, and one hundred twenty pounds. The body was nude and was bound by a single long leather thong ligature that encircled and tied the ankles together, wrapped around the left thigh, and tied together the wrists in front of the abdomen. The neck had ligature marks. The nipples had been entirely removed, and skin tissue had been removed from areas on the lower abdomen and left ankle. The body had an S-shaped tattoo on the bottom of the right foot.

Yellowish matter was found under the fingernails. The hair was approximately six inches in length. A medical examiner for Los Angeles County, Dr. Wegner, performed the autopsy. Death occurred by ligature strangulation, causing discoloration of the head and neck. The nipples and sections of skin had been removed after death by means of a sharp cutting instrument. The back of the left forearm below the elbow had a cut that had been closed with five blue sutures, but no bandage was present. An Indian head silver ring was found on one of the fingers.

The medical examiner estimated that death had occurred between 20 hours to 3 days prior to the time the body first was examined on July 6, or between 3:30 p.m. on July 3 and 7:30 p.m. on July 5. The medical examiner calculated that the time of death would be nearer to the evening of July 5, assuming 110 degree heat at the time of death, storage in the trunk of a vehicle during a period of time prior to the body’s discovery at 6:00 a.m. on July 6, and additional exposure prior to the body’s cold storage at 3:30 p.m. that day.

On July 8, a locked automobile, later determined to be Shari’s, was discovered in the parking lot of Samo’s Bar, located two blocks from defendant’s apartment in Los Angeles. Within several weeks, the police matched a fingerprint taken from an arrest record for Shari with that of Jane Doe No. 60. On August 1, Shari’s mother was informed of her daughter’s death. On August 7, the police located and searched Shari’s vehicle in the towing yard where it had been stored since July 8.

Although Shari customarily had stored many of her belongings inside her automobile, neatly arranged and covered with the quilt that later was found wrapped around her body, at the time the police located the vehicle, the articles inside were in disarray. The several outfits Shari wore in the photographs taken by defendant were not recovered from the vehicle, nor from several friends’ residences where she had stored clothing.

The yellow substance on a pair of cutoff jeans recovered from Shari’s automobile and on a wristwatch subsequently recovered from defendant’s residence, as well as scrapings from the fingernails of Shari’s body, were analyzed and found to have the same composition as the yellow paint at Mrs. Holst’s residence. 3. Disappearance of Tracey Campbell In the spring of 1984, Tracey Campbell, 15 years of age, moved from Montana, joining her mother, Lida Jane McCabe, who recently had rented a small studio apartment (that did not have a telephone), located on Midvale Avenue in Los Angeles.

Tracey attended junior high school during the remainder of the school year. During the first part of June 1984, they were joined by Tracey’s brother Derrill, sister Tanya, and cousin Todd Heidrick, all of whom soon located jobs. Tracey remained in the apartment alone during the day, putting away the bedding and cleaning the apartment after the others had gone to work, but she declined to do the dishes. It was Tracey’s habit to leave the apartment door open during the day.

Tracey, who smoked approximately one-half pack of cigarettes per day, always purchased them at the Arco Station located on Overland Avenue and Venice Boulevard, several blocks from the apartment. Tracey did not drive or hitchhike. At the time of her disappearance, she had no money. In early June, Tanya, Todd, and Tracey, sunbathing at the front of the apartment, met defendant, who lived upstairs in the adjacent apartment complex and was washing his motorcycle nearby. At the time, defendant told them that he was a photographer. Later in June, Todd and Tanya had drinks with defendant at Same’s Bar.

On July 1, Todd and Tanya attended the Los Angeles Gay Pride Festival, and two or three days after the festival, on the afternoon of July 3 or July 4, defendant, accompanied by Shari Miller, agreed to drive Todd to West Hollywood. On the morning of July 9, defendant saw Todd as the latter left the apartment to purchase a newspaper and cigarettes. Defendant offered to drive Todd and purchased the cigarettes for him. They drove to the One Hour Moto-Photo store on Venice Boulevard to drop off film and pick up developed photographs. Todd indicated his interest in preparing a photographic modeling portfolio.

At some point, defendant and Todd returned to defendant’s apartment, where, from the hall closet, defendant retrieved a number of developed photographs. He showed Todd the photographs, which depicted female models, including several photographs that proved to be of Shari Miller. Defendant and Todd had drinks at the Meat Market bar, where defendant took a photograph of a blonde woman, later identified as Schylee O’Hare.

Late that afternoon, Todd agreed to have defendant photograph him at a construction site next to their apartment complex, and Todd mentioned the plan to Tracey when he returned to the apartment in order to change clothing. After shooting the photographs, Todd and defendant had them developed at the one-hour photography store and, upon returning to the apartment, showed the photographs to Tracey and other family members. Defendant and Todd spent the remainder of the night together, at one point driving to the “Tennessee" bar. On July 11, upon arriving home from work, Todd visited defendant at his apartment.

Tracey appeared at the door to inform Todd that it was time for dinner, and in the ensuing conversation, Tracey mentioned that she wanted to become a professional model. Defendant showed her a copy of Faces International, a magazine featuring photographs of people who desired to become models, and advised Tracey to obtain a good photograph of herself and submit it to the magazine. Tracey asked if defendant would prepare a photographic portfolio of her, but he declined, stating that he did not photograph minors.

Later that evening, Derrill and Tracey went to a sandwich shop, where Tracey purchased a “subway" sandwich and brought one-half of the sandwich home, mentioning that she would eat it for lunch the following day. On the morning of July 12, 1984, Tracey was dressed in a blue and white two-piece bathing suit, completely covered by a black, floral-patterned top and shorts outfit, and also wore an ankle bracelet with an amethyst stone and a “pinkie” ring that had the initial “T” on it.

At approximately 8:00 a.m., after Todd, Tanya, and their mother left the apartment to go to work, Derrill heard a knock on the apartment door. Defendant spoke with Tracey at the door for several minutes, and Derrill heard defendant mention having a job for Tracey, and possible jobs for Todd and Derrill. Derrill approached and spoke briefly with defendant about the job, disclosing that he was about to leave for work. Approximately 15 minutes later, at 8:25 a.m., Derrill departed for his job, leaving a pack of Camel cigarettes for Tracey.

At approximately 9:00 a.m., Bill Scognamillo, a neighbor in the same building who knew the family and had observed that Tracey usually left the apartment door open while she cleaned inside, walked by and noticed that the apartment door was closed. At 4:30 that afternoon, Todd returned from work to find the front door to the apartment locked and the curtains closed. At approximately 5:00 p.m., Mrs. McCabe arrived, but because she had given her keys to Tanya that morning, she and Todd had to pry open the window screen in order to gain entrance.

Inside, they discovered that the mattresses were still on the floor, and the cat was inside, but there were no dirty dishes in the sink. Tracey’s half-eaten sandwich still was in the refrigerator, and her purse was in the apartment. . That evening, when Tracey did not return, Mrs. McCabe, Tanya, Todd, and Derrill began to ask neighbors in the apartment complex, including Bill Scognamillo, whether they had seen Tracey. Todd went to defendant’s apartment, but he was not at home and his vehicle was not in the garage. Olga Talbot informed Todd that defendant was in Orange County.

Todd later returned to defendant’s apartment and found a note that Olga had addressed to defendant and placed on the door, indicating defendant still had not returned. Todd checked the garage several times that evening, but defendant’s vehicle was not present. On the morning of July 13, Mrs. McCabe filed a missing person report at the police department on Tracey’s disappearance. That morning and afternoon, Todd checked again and found that defendant’s automobile still was not present in the garage.

At approximately 8:30 that morning, Steven Marshall, a private investigator who was an acquaintance of defendant, telephoned defendant’s apartment and spoke to Olga Talbot. Talbot told him she was worried that defendant had “taken the little girl next door the previous day and was not yet home.” Marshall proceeded to defendant’s apartment, and he observed Mrs. McCabe walking nearby. Marshall inquired whether she had seen defendant. Mrs.

McCabe said she had not but was looking for him because the previous day defendant and Tracey had left together, and defendant “had her daughter.” Marshall offered to assist in the search and proceeded to the apartment garage, where he noticed that defendant’s automobile was not present. At least five times that day Marshall telephoned defendant’s apartment, and each time Talbot told him defendant had not returned. At approximately 4:00 p.m., defendant personally answered the telephone and agreed to meet with Marshall at another location.

At that meeting, when Marshall inquired whether defendant had seen Tracey, he stated that he had driven her to purchase cigarettes and had dropped her off at Venice Boulevard because she wanted to hitchhike to the beach. On the same date, Bill Scognamillo observed defendant, who carried a small or medium-sized briefcase, unlocking the front door of his apartment. Scognamillo approached and asked whether defendant had seen Tracey. Defendant did not respond and entered the apartment, and Scognamillo followed him inside.

Defendant, who appeared nervous, dropped the briefcase on a coffee table, grabbed a pornographic magazine, and told Scognamillo to look at some photographs. Defendant moved the briefcase first to the front door and then to the hallway. When Scognamillo again asked whether defendant had seen Tracey, he responded that he had been in the desert taking photographs and had not seen her. When Scognamillo inquired whether defendant had seen Tracey in the last two days, defendant replied that the previous day Tracey had visited his apartment to make a telephone call and then had departed.

Scognamillo proceeded to the apartment’s parking garage to discover whether defendant’s vehicle had dust on it, but it was clean. Scognamillo then went to Tracey’s apartment to inform her family of what he had learned. At approximately 5:00 on the afternoon of July 13, defendant visited Mrs. McCabe’s apartment, where she, Tanya, Derrill, Todd, and Scognamillo were present. Defendant, who was trembling, appeared highly agitated, did not make eye contact, and stood in the doorway of the apartment.

When asked in a nonconfrontational manner whether he had seen Tracey and where he had been, defendant stated he did not know where she was and that he had gone to Orange County. Defendant stated that Tracey, wearing a black shorts and top outfit over a blue bathing suit, had stopped by his apartment at approximately 2:30 the previous afternoon to telephone a girlfriend. Defendant subsequently had given Tracey a ride to the comer of Midvale Avenue and Venice Boulevard to purchase cigarettes at a liquor store. Tracey had told him that she was going to the beach.

Following this conversation with defendant, Tanya and Todd proceeded to the parking garage. They noticed that defendant’s automobile was clean and that there were water spots on the windows. When Todd saw defendant near his apartment later that evening, Todd asked why the vehicle was so clean. Defendant responded that he had had to clean the interior and exterior of the automobile because a fire had ignited in the heater or carburetor. On July 14, LAPD Officer Michael Taylor interviewed defendant at his apartment concerning the missing person report that Tracey’s family had filed.

Defendant informed Officer Taylor that at approximately 2:30 p.m. on July 12, Tracey, who wore a bikini covered with a wrap, had visited his apartment to use the telephone, and defendant subsequently had given her a ride to the comer of Midvale Avenue and Venice Boulevard. On July 16, LAPD Officer James Gillespie interviewed defendant at his apartment. Defendant gave a nearly identical account, this time remarking that while in the apartment, Tracey had mentioned her desire to become a model, and defendant, who had informed her that he was a photographer, had agreed to prepare a photographic portfolio for her.

Following the interview, defendant consented to a search of his apartment. The police briefly looked over items on the tables in the living room and kitchen and opened a hall closet, but did not locate anything that appeared to relate to the case. After defendant executed a consent form authorizing the police to search his automobile, the police briefly examined the inside and trunk of the vehicle without finding anything significant, but they noticed that the floorboard was damp. Defendant stated he had washed the vehicle that day. The interview and searches were completed within one-half hour. 4.

Defendant’s initial arrest On July 31, LAPD officers obtained warrants to arrest defendant in connection with the presumed death of Tracey Campbell, and to conduct a search of his apartment and vehicle. At approximately 6:00 p.m., Detectives Charles Worthen, Robert Rooney, and John Rockwood arrested defendant at the Meat Market bar and seized his automobile, transporting it to the police station. Detective Donald Ravens participated in the police search of defendant’s apartment.

Inside a box located in a hall closet, the officers found a silver chain, a bracelet with a rainbow design, one pair of earrings having purple stones, and one pair of earrings having "stones resembling diamonds. On a coffee table, the officers found a key chain with four keys attached to multiple other key chains. At approximately 6:30 p.m., Detective Robert Rooney and other officers searched defendant’s vehicle, discovering a knife and an address book in the trunk.

Inside the vehicle, the officers discovered two Polaroid photographs and a number of photographic negatives, as well as a camera bag containing photographs, negatives, and camera equipment. Under the floorboard, the officers found a key chain with several keys and three rings attached. One of these keys subsequently was discovered to fit the locks and ignition both of Shari’s vehicle and Olga Talbot’s vehicle. Detective Rooney removed the items and placed them on the “homicide desk” inside the police station. The Polaroid photographs depicted a young woman asleep in a vehicle.

Several negatives and photographs inside the camera bag depicted the same young woman posing, with a bandage clearly visible on her arm, at various locations in the desert. Upon observing the photographs, Detective Rockwood noticed and commented to Detective St. John, who was investigating the death of Jane Doe No. 60, that the woman in the photographs had an ankle tattoo in the same area of the body where the skin had been removed from the body of Jane Doe No. 60, and that there might be a connection between the two cases.

Thereafter, an LAPD forensic expert matched the fingerprints of Jane Doe No. 60 with those of Shari Miller, taken from a record of her arrest in 1980. Following defendant’s arrest on the evening of July 31, Detectives Worthen and Rockwood interviewed him for four to five hours, and on the following day for an additional seven to ten hours. The police asked defendant about the identity of a young woman depicted in several photographs he had taken. Defendant told them that her name was Shari Miller. He had known her two years, having met her when she was a barmaid at the Meat Market bar.

She was in the process of obtaining a divorce, had been a restaurant manager, currently was working as a house painter (he had noticed she had flecks of paint on her clothing), and intended to major in graphic arts at college. Defendant stated that Shari had wanted recent photographs of herself to give to her mother. Defendant had taken the photographs during the last part of June at Castle Rock in Topanga Canyon. Defendant had dropped off some of the prints for Shari at the Meat Market bar, retaining other prints that he thought were very good, to show to her in person.

He last had seen Shari on June 30 or July 1, when she stopped by his apartment and he took the Polaroid photographs. On the fourth of July, he had gone to the Huntington Beach area to watch the tall ships, but did not take photographs. Defendant identified his address book, which contained telephone numbers for Shari’s mother’s residence, addresses for several of her friends, and a map she had drawn for defendant indicating where she then was staying.

When asked about the bracelet, two pairs of earrings (with white stones and purple stones), and a chain seized from his apartment, defendant stated that approximately two months earlier, Shari had given them to him, asking him to have the bracelet re-plated, the earrings remounted, and a medallion added to the chain. He stated that the key chain with three rings attached belonged to him, and the rings had belonged to several of his ex-wives, including Cindy and Susie, who had returned them. When asked about Tracey Campbell, defendant provided the following account to the detectives.

Defendant first met Tracey on July 9, when he took photographs of Todd at the construction site. He denied having had a conversation with Tracey on July 11 concerning her plans to become a model. On the morning of July 12, he had cleaned and vacuumed at Culver City Camera Shop. At approximately 2:30 p.m., as he returned to his apartment, Tracey appeared, wearing floral-patterned blue gym shorts with a matching tie top and a bikini swimsuit top, and asked to use his telephone to contact a girlfriend.

Defendant then gave Tracey a ride to the comer of Midvale Avenue and Venice Boulevard, but did not learn where she intended to go after that. Defendant proceeded to drive a circuitous route to Santa Monica airport, Marina Del Rey, Century City, back to Santa Monica airport, the Mormon Temple, Loyola University, El Segundo, Los Angeles International Airport, King Harbor, Malibu, Leo Carillo State Beach, and Culver City Camera, and then returned to his apartment.

The officers previously had learned that in April 1983, defendant and Nick Klos had driven to the bowl area in the desert near Lancaster, and they asked defendant whether he had gone to that part of the desert with a group of individuals that included Klos. Defendant stated that he had gone to the desert with those persons at that time, but denied that he had gone to the desert with anyone else. Defendant was released from custody on August 3. On August 7, the police questioned Juanita Parren, an employee of the One Hour Moto-Photo shop on Venice Boulevard, where defendant was a regular customer.

The police subsequently obtained store records establishing that defendant had brought in film for developing on July 6, 9, 18, 24, and August 9. Among the negatives submitted during that period were those depicting Shari. On August 9, defendant arrived at the photography shop and asked to speak with Parren, who stepped outside the store. He told her that he knew the police were following him and drew her attention to a particular vehicle across the street, stating that it was a police vehicle. Defendant inquired as to what Parren had told the police. Defendant and Parren then went inside the store.

Defendant had brought in a stack of negatives and reviewed them to determine which ones he wished to have reprinted, eventually requesting that 50 to 60 be reprinted. As defendant examined one strip of negatives, he cut off one of the negatives with a pair of scissors, placed the negative in his mouth and chewed it, scraping off the emulsion with his teeth. Defendant had the remainder of that strip reprinted. 5.

Discovery of the body of Tracey Campbell On August 11, Nick Klos directed the police to the bowl area in the desert near Lancaster, and approximately 75 law enforcement officers, assisted by Klos, conducted a search of the area. There they discovered a severely decomposed and partly skeletonized body, identified on August 16 through her dental records as that of Tracey Campbell. Bloodstains near some boulders marked the original location of the body, which had been moved approximately 15 feet, probably by the activity of coyotes. Both hands, as well as bones from all of the limbs, were missing.

Other bones, including leg bones, had been separated from the body by animals and were located some distance from the body. There was no significant amount of skin remaining on the body from the waist down, and the skin that did remain was completely mummified. The genital organs were completely decomposed and the sex of the body no longer was ascertainable. The body was nude, but a blouse with a snail print on it was wrapped around the face. On August 12, Dr. Wegner, the Los Angeles County medical examiner, performed an autopsy, determining that the cause of death was ligature strangulation.

There were deep ligature imprints along the midline of the upper back, splitting into two imprint lines extending around the neck, consistent with the use of a rope to cause death. A similar V-shaped imprint on the chest indicated that the victim had been tied up, probably prior to death. Dr. Wegner was unable to establish the exact date of death, but testified that the condition of the body was consistent with death having occurred on July 12. 6. Defendant’s second arrest On August 16, defendant was re-arrested and transported to Parker Center in downtown Los Angeles. At approximately 6:45 p.m., Detectives St.

John and Melleker attempted to interview defendant. The interrogation room was equipped with a hidden tape recorder, and Detective St. John also carried a briefcase that contained another tape recorder. Defendant was advised of his rights pursuant to Miranda, and defendant informed the detectives that he wished to have his attorney present. The detectives escorted him to a telephone, and he attempted to contact his lawyer. The detectives switched off the recording devices. Defendant was unable to contact the attorney and was returned to the interrogation room.

Meanwhile, Detective Worthen, who had just returned to the police station, was informed that defendant did not wish to waive his right to an attorney. Five to ten minutes later, Detective Worthen informed Detective St. John that defendant now was willing to answer questions without the presence of his attorney. At approximately 7:30 p.m., Detectives St. John and Melleker, reactivating the recording devices, reentered the interrogation room and inquired whether defendant now wished to speak to them. Defendant, responding affirmatively, was re-advised of and waived his rights pursuant to Miranda.

Defendant told the officers that he had known Shari Miller approximately two years. Asked when he last had seen Shari and whether he ever had taken her photograph, defendant gave the following account. In June, defendant had agreed to photograph Shari. She missed their scheduled meeting and had telephoned him from her mother’s residence in San Pedro to apologize for canceling.

Approximately one week later, during the last part of June, possibly on June 28, defendant had taken one and one-half rolls of film of Shari in Topanga Canyon, and later that evening they had gone to see the film, The Survivors, at a drive-in theater. Defendant then dropped Shari off at the Meat Market bar. The following day, Shari had appeared at defendant’s apartment while defendant and Evans Haas were working on defendant’s motorcycle. Defendant and Haas drove to Bartels Harley-Davidson in Culver City.

They returned to discover Shari asleep in defendant’s automobile, and he recorded the scene with his Polaroid camera. Shari departed to collect her payment for house painting work she had performed in the San Fernando Valley, arranging to meet defendant that evening at the Meat Market bar to obtain the photographs that defendant had taken. Shari did not appear at that time, and defendant never saw her again, except several weeks later to wave to her as she drove by in her vehicle.

Defendant told the detectives that he had photographed Shari only in Topanga Canyon, inside the Meat Market bar, and inside his vehicle in the garage of his apartment. Defendant told the detectives that the photographs of Shari standing in front of the desert rock formations were taken in Topanga Canyon. Confronted with the fact that the photographs had been taken in the Lancaster desert area, defendant replied that the photographs were “taken up in the Chatsworth area” near Castle Rock.

When asked about Tracey, defendant explained that he had met Tracey’s family while he was cleaning his motorcycle in front of his apartment building, and had met Tracey the day he took photographs of Todd at the construction site. Defendant saw Tracey again one morning when he visited her family’s apartment. That afternoon, she visited defendant’s apartment to use the telephone, and later he dropped her off at a coffee shop on Venice Boulevard.

The detectives informed defendant that Tracey’s body had been discovered approximately 150 yards from the same desert location as that depicted in defendant’s photographs of Shari. Defendant stated that he was unfamiliar with that location. When the police told defendant that they could “place” defendant and Shari in the same desert location where Tracey’s body had been discovered, defendant responded, “I can’t explain it to you.” Asked if he had killed Shari or Tracey, defendant replied, “No sir.” He asked to “try the attorney again,” and the interview concluded.

The same day, August 16, LAPD officers and Lancaster sheriff’s deputies obtained a second search warrant for defendant’s apartment. In the hall closet, they discovered a wristwatch with a dark band flecked with yellow paint, similar to the watch Shari wore in the photographs taken in the desert. The police found approximately 50 documents in defendant’s name, as well as a pair of beach thongs similar to thongs found in Shari’s automobile. In the bedroom of Olga Talbot’s son, Gary Williams, the police found, inside a box, a

section of white rope that Williams denied owning. The police recovered a number of photographs from the hall closet and the storage area located in the apartment garage. From the same storage locker, the police recovered a leather shoelace-type thong and a double-bladed knife. On August 17, pursuant to a search warrant, defendant’s vehicle was searched. Luminol and phenolphthalein tests indicated the possible presence of blood on the floor mat in the trunk.

Because these tests also may produce positive results if the chemicals utilized have contact with other substances, such as meat or vegetables, a human precipitant test was conducted. The result was not positive, indicating either that no human blood was present or that the sample used was too minute to produce a reaction. The white rope recovered from the box in a bedroom at defendant’s apartment proved to make an impression identical to the ligature impressions discovered on Tracey’s body. During trial, the jury was transported to view the bowl site.

The jury was shown that the location where Tracey’s body was discovered was approximately 400 feet from the location of Shari in one of defendant’s photographs, identifiable because of the distinctive rock formations in the background. The defense rested without presenting any evidence. After hearing the evidence described above, the jury found defendant guilty of two counts of first degree murder. The jury also found true the special circumstance that defendant had committed multiple murder. B. Penalty Phase Evidence 1.

Prosecution case The prosecution called seven witnesses who testified concerning a prior rape for which defendant was charged and eventually convicted, as well as a number of prior uncharged criminal activities. During this phase of the trial, prior to the prosecution’s presentation of its final three witnesses, Ellen F., Cindy F., and Cheryl V., defendant successfully moved to relieve his appointed attorneys and proceeded to represent himself. Defendant, stating that “no defense” would be presented, declined to cross-examine two of those witnesses. a. Julianne P.

In August 1982, Julianne P., who had spent several nights in her automobile, met defendant, who invited her to move into his motorhome. They commenced a sexual relationship in October of that year. Julianne moved out in February 1983, but they had sexual intercourse two or three times in March 1983. On the weekend of April 9,1983, defendant and Julianne drove in defendant’s motorhome to the desert near Lancaster, in order to watch the landing of the NASA Space Shuttle. They were joined by Nick Klos and five other individuals who arrived in Klos’s motorhome.

The group then drove the motorhomes to a bowl-shaped area in the desert to spend the night. At approximately 3:00 on the afternoon of April 10, Klos and defendant drove their respective motorhomes away from the bowl site. When the motorhomes reached the highway, Klos turned in the direction of Los Angeles, but defendant turned in the other direction, stopping at a market. Defendant then drove the motorhome back to the bowl site, telling Julianne that he wanted to make certain that the campfire had been extinguished.

At approximately 4:00 p.m., when they arrived at that location, defendant told Julianne to check the campfire. She did so, reentered the motorhome, reported that the fire was extinguished, and reminded defendant that they needed to return to Los Angeles. Defendant turned off the ignition, opened a can of beer, and stated that he needed to relax and that they might stay in the desert until Wednesday. Defendant pulled out a knife from the side of the driver’s seat and told Julianne that he was going to get a “piece of ass” one way or another and that she must strip.

He made a twisting motion with the knife, telling Julianne that her clothes were going to come off one way or another and that he would cut them off if she did not remove them. Julianne removed her clothing. Defendant told her to go to the back of the motorhome. He told her to masturbate, and she complied. Defendant moved to the back of the motor-home, opened a drawer, and retrieved various oils and gels, telling her to use them. Defendant began to masturbate, then poured an oil over Julianne.

Defendant had her insert a dildo into her vagina and move the dildo in and out while simultaneously orally copulating him. Defendant produced a bag with various lingerie garments and had Julianne put on a garter belt, half-bra, and g-string, telling her that he wanted her to look like a “whore.” He began to strike her in the face while calling her a whore. While the dildo still was inside her vagina, defendant gave her a pair of scissors and told her to cut off her pubic hair, so that she would have “a teenage look,” and told her to place the hair in a bottle. Defendant filmed this activity.

Defendant then ordered Julianne to drink a liquid that had the appearance and taste of diluted milk, apparently containing a substance that caused her to lose “full awareness.” Her cognizance of the sequence of subsequent events was uncertain. At some point, defendant had Julianne pull the dildo out of her vagina and place it in her anus. When she refused his subsequent order to lick the dildo, defendant stuck his finger into her anus, removed it with excrement on it, and forced her to lick his finger and the dildo.

Defendant produced some rope and threatened to tie up Julianne and use the knife on her if she made any attempt to run. Defendant beat her with a belt and belt buckle on her buttocks, lower back, and thighs, producing bruising that was observable for several weeks. At another point, after initially asking Julianne whether she wanted a beer and then refusing to give her one, defendant eventually poured into a beer bottle a substance that he said was cocaine and would make her body numb, and told her to drink it. She initially refused.

Defendant picked up an ice pick, made a stab at her breast and knee and attempted to stab her hand, and pulled her hair back, threatening to stab the back of her head if she did not drink the liquid. She drank it. When Julianne told defendant that she had to go to the bathroom, he told her that he did not want her to “dirty up his bathroom” in the motorhome and ordered her go outside, where it had become very cold, and urinate in a douche bottle. Defendant filmed this activity and then ordered her to drink the urine. She began to drink it but lost consciousness.

When she regained consciousness, defendant, who had an erection, was standing in the doorway of the motorhome. Defendant forced Julianne’s head onto his penis, and she orally copulated him. Defendant urinated in her mouth and urinated all over her, laughing at her reaction. Defendant had Julianne get on the bed in the back of the motorhome, and twisted, sucked, and bit her nipples very painfully and placed clothespins on them. Defendant had her orally copulate him again while lying on her stomach, so that the clothespins were painful.

Defendant then told her to sit on top of him and had sexual intercourse with her. Defendant, with his penis still inside Julianne’s vagina, fell asleep. Julianne fell asleep, and when she awoke, defendant was on top of her, having sexual intercourse. She again fell asleep. Eventually, Julianne awoke to find that defendant had dressed. Defendant drove the motorhome to Los Angeles. After Julianne departed in her own vehicle, she told Nick Klos what had happened. Pursuant to Klos’s advice, Julianne reported the incident and went to the hospital.

Several days after his arrest on August 16, 1984, for the present offenses, defendant pleaded no contest to one count of rape. b. Tamara H. and Mark W. In the summer of 1982, Mark W. met defendant while both were residing at a trailer park in the Marina Del Rey area. Mark W. lived in a recreational vehicle together with Steve Marshall, his former personal manager during Mark’s earlier career as a musician, and Marshall’s girlfriend. Later that year, Marshall departed, taking Mark’s personal belongings.

Mark moved to Phoenix, Arizona, where in March 1984, he met Tamara H., then 21 years of age, and together they moved to Venice, California. Learning through a mutual friend that defendant needed assistance in a rape case involving “Julieanne P[],” to whom Mark previously had been introduced, Mark met with Marshall and defendant. Mark agreed to testify truthfully on defendant’s behalf. As a loan, defendant paid for Mark and Tamara’s motel room, food, and other necessities. During this time, defendant attempted to arrange to have Tamara work as a model for him. Tamara refused to do so without Mark being present.

Defendant eventually agreed that both Mark and Tamara would be present during the modeling session. At approximately 4:00 one afternoon in June 1984, defendant picked them up in his vehicle and proceeded to an airport, where he took photographs, and then drove them to several bars, including the “Tennessee” bar. There, defendant told Mark that he had to do a “drug run.” They had several drinks, which seemed to have a strong effect, and left the last bar at approximately 11:00 p.m. Defendant drove until Mark and Tamara fell asleep.

Tamara awoke when it was still dark outside, and discovered they were in the desert. Defendant tapped Tamara on the knee and told her to get out of the automobile. He was carrying a light and a rifle or shotgun that he pointed at Tamara, ordering her to remove her clothing and put on an outfit consisting of shorts and a top. Defendant fired a shot, and Tamara complied. Defendant, who had his pants down and had an erection, attempted to force Tamara to orally copulate him.

Her mouth touched his penis for “half a second.” Meanwhile, Mark awoke and realized that they were in the desert and that he was the only person inside the vehicle. He got out, heard a gunshot, saw a light in the direction of the sound of the gunshot, and yelled for Tamara, who yelled in return. The light moved toward the vehicle, and Mark was able to see defendant, carrying a fluorescent light and what appeared to be a .22-caliber rifle, walking 20 feet behind Tamara, who was dressed in lingerie and was crying.

When they approached the vehicle, defendant placed the light on top of the vehicle, removed several dirty mats from the trunk, and placed them on the ground behind the vehicle. He ordered Mark and Tamara to remove all their clothing, firing two shots toward the ground as they did so. He directed them to lie on the mats, and told Tamara to tie Mark with ropes that were attached to the vehicle’s bumper and to orally copulate him. When Mark failed to become aroused, defendant placed the gun so that the barrel touched Mark’s testicles and said he was going to “blow his balls off’ if Mark did not get an erection.

Defendant forced Tamara to orally copulate defendant, which she did for less than a minute, and then ordered Tamara to again orally copulate Mark. She did so for approximately one-half hour, but he did not respond. Eventually, defendant told Mark and Tamara that he was being paid $1,800 to detain them, and that they were waiting for others to arrive, including the person who had hired defendant.

Defendant said that when the others soon arrived, Mark and Tamara were “going to get it.” Mark was nude the entire time, while Tamara was forced to change into sexually suggestive clothing that defendant retrieved from the trunk of the vehicle. At one point, while Tamara was nude, defendant tied her arms and legs with a long rope, took Polaroid photographs of her, and asked her what kind of “kinky” things she had done with men.

As the sky became light, defendant stated that it appeared “this person was not going to show up.” Defendant untied Mark, and saying, “this is it,” pointed the rifle at him and forced him to walk into a ravine. Tamara began to cry. Mark turned toward defendant and said, “you are shooting me in the back.” Mark told defendant to face him and shoot him while Mark looked at his eyes. Defendant began to cry and put down the rifle. Defendant gathered the photographs he had taken throughout the night, doused them with lighter fluid, and set them on fire.

When they returned to the automobile, defendant told them that Steve Marshall had taken out a “contract” on Mark and Tamara, and that they must leave Los Angeles or Marshall would learn the job had not been performed and kill them all. Defendant drove them back to Los Angeles, and after Mark and Tamara retrieved their belongings from the motel room, defendant drove them to San Diego. Mark and Tamara checked into a motel room. When defendant refused to leave immediately, Tamara went to the lobby and asked the manager to telephone the room after a few minutes to inform them that all the guests had to leave.

This ploy was successful, and defendant departed. Mark and Tamara asked for a different room and returned to Phoenix the following day. They had no subsequent contact with defendant and did not contact the police. Mark believed that Marshall truly had arranged a “contract” on him. c. Ellen F. In June or July 1980, Leslie Carlson and his wife Ellen F. (then 21 years of age), met defendant while living in a trailer court in Niceville, Florida. In August 1980, at Carlson’s invitation, defendant began to live with the couple.

During the first week of September 1980, Carlson and Ellen F. separated and Carlson departed. Defendant continued to live with Ellen in a platonic relationship, helping out with the rent and expenses. At approximately 2:00 a.m. on September 20, 1980, Ellen, awakened by noise, discovered defendant, who was intoxicated, beating her dog with a stick that had nails in it. Ellen told defendant to “please quit.” Defendant then entered the trailer, told Ellen to remove her clothing, and began to beat her with a closed fist, striking her in the throat, neck, and legs. Ellen refused to remove her clothing.

Defendant then began “shoving things inside” her. Defendant shoved the handle of a dog brush into her vagina and rectum, and then down her throat. Defendant opened a bottle of Tabasco sauce, shoved it in Ellen’s vagina and rectum, then poured the sauce down her throat. Defendant also shoved a coat hanger into Ellen’s vagina and rectum, and then down her throat. Defendant, grabbing and opening a pair of scissors, threatened to cut off her nipples, but she knocked the scissors out of his hand. Defendant choked Ellen and attempted to penetrate her vagina with his penis. He continued to beat her during the ordeal.

Ellen was crying and pleaded with defendant to stop, but he told her to shut up and said he was doing what he wanted to do. The incident lasted three to four hours until defendant fell asleep. When defendant awoke after a few minutes, Ellen asked him to take her to the hospital. When he failed to do so, Ellen crossed the street and, spitting up blood, appeared at the residence of a girlfriend, who telephoned for an ambulance. Ellen was taken to the police station and then to a hospital, where she was hospitalized for two weeks. Her primary source of pain was in her throat.

One night, when she began to choke, a nurse pulled a piece of a coat hanger from inside her throat. A month later Ellen moved from Florida, and she did not file charges against defendant. d. Cindy F. Cindy F., who was living in Culver City at the time, met defendant in 1974 or 1975 when she was 15 or 16 years of age, fell in love with him, and within several weeks commenced living with him. Approximately six months later, defendant began to beat Cindy on a weekly basis. Often he forced her to have intercourse after these beatings.

Cindy became pregnant, and at one point defendant attempted to slam Cindy’s stomach into a door. She was able to move out of the way, but her finger caught in the door and was almost entirely severed. Their son, named after his father and known as B., was bom on September 2, 1976. Defendant continued to beat Cindy, and twice threw the infant B. against the wall. On one occasion between Christmas Day in December 1976 and January 1, 1977, defendant appeared at Cindy’s workplace. Defendant gave Cindy a box, telling her, “here’s your Christmas present,” and departed.

Cindy unwrapped the box and found B., whom defendant had placed in an infant holder, underneath a windbreaker with the hood covering his face and tied in back. Cindy returned to their apartment that evening to find that everything in it had been demolished, including all of the baby’s presents, which had been tom or cut in pieces. Cindy departed with B. that evening. In early 1977, Cindy moved in with another man and became pregnant by him. Defendant asked Cindy to return to him, agreeing to take her back although she told him she then was pregnant by the other man.

In the summer of 1977, defendant and Cindy commenced living together again, moved to a motorhome in Michigan near Cindy’s parents, and got married. Defendant began to beat Cindy on a daily basis. Cindy gave birth to her second son, A., on December 15, 1977. Two days later, defendant said he would kill A. because defendant was not the father. Cindy hid A. in a pile of dirty clothing, and defendant attacked B., throwing him against a wall.

Cindy telephoned her parents, and although defendant grabbed the telephone and threw it across the room, Cindy’s parents could hear her screams, proceeded to the motorhome, and prevented defendant from committing any further violence. During this period, Cindy’s parents came to the motorhome 20 to 30 times to stop defendant from fighting with Cindy. Cindy continued to live with defendant until June 1978, and during this period defendant beat her on a daily basis, also striking both children.

On one occasion, defendant threw a rock into a body of water so that B., who was approximately one year of age and could not swim, would enter the water. On another occasion, defendant locked the children in the motorhome and turned on the gas, stating that he was going to “blow them up.” Defendant also attempted to strangle Cindy with his bare hands. Soon after the latter two incidents, Cindy, telling defendant that she was going to the laundry, put the children in the automobile and drove to California.

Later in 1978, while in California, Cindy received a message at her workplace that defendant had deposited for her at the residence of a mutual friend some of the children’s baby books and her personal belongings that she had left behind in Michigan. Cindy drove to the friend’s residence, and, leaving the children in the automobile, knocked on the front door. When no one appeared, Cindy proceeded to the back door, which was open. As Cindy entered the back door, defendant closed the door behind her. He asked her to return to him, but she declined.

Defendant, stating that he should lock up the residence, asked her to extinguish the lights. When Cindy turned her back to do so, defendant placed a piece of clothing around her neck, attempted to strangle her, and beat her in the face. Defendant walked outside to the automobile and retrieved A., then approximately one year of age, while Cindy picked up B., then approximately two years of age.

Once they had returned to the residence, defendant found a shotgun and told Cindy that if she did not do everything he told her to, they “were going to die.” Defendant proceeded to beat up Cindy, also repeatedly attempting to force her to orally copulate him. Defendant gave B. a black eye, and repeatedly pointed the shotgun at A., saying that he was going to kill him. Defendant said that he was going to make Cindy love him or no one else would ever love them. Defendant swallowed a handful of Codeine tablets and said that after they took effect he would kill Cindy and the children.

He continued to beat and kick Cindy. Approximately two hours later, their mutual friend returned to the residence and stopped defendant from proceeding further. Cindy suffered bleeding from the temple near the right eye, the nose, and the mouth from this episode, as well as temporary blindness. She incurred permanent partial hearing loss from several incidents in which defendant kicked her in the side of the head. e. Cheryl V.

In 1972, defendant became acquainted with Cheryl V. through his then girlfriend, Theresa, when Cheryl stayed in their apartment in California for three months before obtaining her own apartment. On May 9, 1972, Cheryl, then 17 years of age, lived with her infant daughter in her apartment in Mar Vista. At approximately 3:00 a.m., defendant appeared at Cheryl’s apartment. Defendant was limping and reported that he had been in a motorcycle accident and was locked out of his apartment. Cheryl told him that he could sleep on the waterbed in the living room. Cheryl returned to sleep in her bedroom.

From the living room, defendant began calling out to Cheryl for various reasons, at one point telling her that her boyfriend was at the front door. She returned to the living room, opened the front door, and found no one present. As she started toward her bedroom, defendant grabbed her, threw her down on the waterbed, and began to remove her robe. Cheryl began biting, scratching, kicking, pushing, and screaming. Defendant sat on top of Cheryl and attempted to place his penis in her mouth, but she would not let him. He then masturbated on her chest until he ejaculated.

Defendant told her that “he always wanted to do it so he did.” Cheryl told him to leave, and eventually he departed. Cheryl contacted the police and later filed charges against defendant for attempted rape. 2. Defense case After defendant eventually was granted permission to act as his own attorney, he rested without calling any witnesses to testify and without presenting any evidence in mitigation. Subsequent to the prosecutor’s closing argument, defendant made the following closing argument to the jury: “Think of how many you don’t even know about. You’re so right.

That’s it.” At the conclusion of the penalty phase, the jury fixed the penalty at death. II. Discussion A. Guilt Phase 1. Issues pertaining to searches and arrests a. Motions to quash and traverse the July 31, 1984, search warrant and to suppress evidence Defendant contends that the trial court erred in denying in part his motions to quash and traverse the search warrant and to suppress the evidence seized in the search conducted on July 31.

Following several hearings on the motion to suppress evidence, the trial court ultimately permitted the prosecutor to introduce into evidence several photographs and negatives depicting Shari Miller, as well as a knife seized in the course of that search. We set forth the relevant procedural facts below. Detective Worthen, assigned to investigate the disappearance of Tracey Campbell, and Detective Ravens, assigned to investigate the murder of one Mischa Stewart, believed to have been murdered by defendant, decided to conduct their respective searches simultaneously on July 31.

Detective Worthen subsequently assumed responsibility for both investigations. Mischa Stewart, an African-American homosexual male, 23 years of age, last was seen alive near closing time on the night of October 8, 1982, departing from the Pink Elephant, a gay bar located in Santa Monica. Stewart left in the company of a man who earlier in the evening had informed the doorman that his name was “Bill” and that he was trying to sell his truck or motorhome. The following morning, Stewart’s nude body was discovered in an alleyway across the street from the Tennessee Savings & Beer Co., a bar frequented by defendant.

A woman’s bra, used as a ligature to strangle Stewart, was wrapped around his neck, and a pair of women’s panties bearing the logo, “Genuine Harley Ass,” covered his face. Semen was discovered on his upper leg. The doorman at the Pink Elephant subsequently identified defendant from a photographic lineup as the man who left with Stewart. On July 31, Detective Worthen prepared an affidavit of probable cause in support of a warrant to search defendant’s person, apartment, and vehicle.

The affidavit did not refer to Jane Doe No. 60, who had not yet been identified as Shari Miller nor connected to defendant, but did refer to Tracey Campbell, as well as to Mischa Stewart. The affidavit included extensive information as to the circumstances surrounding the disappearance of Campbell and the death of Stewart, describing defendant’s connection to both cases, including the circumstance that he appeared to be the last person to have been seen with each victim. The affidavit also described the incident in the desert involving Julianne P. for which charges then were pending against defendant.

The affidavit explained defendant’s considerable involvement in photography and stated that it appeared, as part of defendant’s modus operandi, that he “takes photographs [of] or films his victims.” The affidavit referred to numerous attachments, including the following: the police reports of the investigations in the Campbell and Stewart cases; the police and medical reports of the Julianne P. incident, noting that she had been threatened with a knife and ice pick, “forced to submit to various sexual atrocities,” and that “part of these acts were filmed by the suspect”; a report of a police interview with Tracey’s cousin Todd Heidrick, noting that defendant had photographed him prior to engaging in sexual activity with him; and defendant’s three-page “rap sheet” indicating other incidents of sexual or violent assaults.

The search warrant authorized the seizure from defendant’s person of samples of blood, semen, saliva, and head and pubic hair. With regard to Tracey Campbell, the warrant authorized the search and seizure of any blood, head and pubic hair, and particular items of clothing and jewelry and, with regard to Mischa Stewart, a particular jacket.

The warrant also authorized the seizure of “any and all photographs and negatives,” camera equipment, sexual devices, items of “underclothing” such as bras, panties, novelty items, and negligées, defendant’s bank books, credit cards, gasoline purchase receipts, mail order catalogs, and “receipts for such items purchased.” Pursuant to the warrant, the police seized among other items 189 photographs (including those of Shari Miller), a knife, and a rifle.

Defendant, asserting that the warrant was overbroad and not supported by probable cause and that the search itself was general and exploratory, moved to quash and traverse the warrant and to suppress numerous items seized. Following argument by counsel, the trial court ruled that the warrant was overbroad to the extent it permitted the seizure of “any and all photographs” and deemed the warrant amended so that, in effect, the references to any and all photographs were limited to those “pertaining to” Campbell or Stewart or to certain lingerie.

The prosecution then urged that, despite the warrant’s overbreadth, it was unnecessary to suppress any of the evidence seized, because the “good faith” exception to the rule requiring suppression of evidence seized pursuant to an invalid warrant was applicable, and that any evidence seized beyond the proper scope of the warrant was admissible pursuant to the “nexus rule.” To determine whether the good faith exception and nexus rule applied, and whether a general, exploratory search had been conducted, the trial court ordered an evidentiary hearing.

At that hearing, Detective Worthen testified that he provided Detectives Ravens and Rooney with copies of the search warrant and explained the contents of the warrant and affidavit to these detectives, as well as to Detective Rockwood and other officers. The officers discussed the warrant over the course of several days, and Detective Worthen held a meeting on the morning of the search.

Detective Worthen instructed the officers to search for photographs of Stewart, Campbell, and other males and females, particularly young females (due to his suspicion that items of Campbell’s clothing might be worn by other subjects in certain of the photographs), and for photographs depicting desert scenes. Detective Worthen told the officers to search for anything having evidentiary value, including the items specified in the warrant and the attachments to the affidavit, such as an ice pick, knife, or rifle.

Detective Worthen testified that he had given these instructions based in part upon information he had received concerning defendant’s previous criminal activities. Detective Worthen had been informed by the San Fernando Valley district attorney’s office of the incident that had occurred several weeks prior to the disappearance of Tracey, in which defendant had taken Mark W. and Tamara H. out to the desert.

Detective Worthen had learned, and informed the investigating officers, that defendant had threatened Mark W. with a rifle, may have forced Tamara H. to perform oral copulation, and had taken photographs of one or both victims. Detective Worthen also relied upon information he had concerning the circumstances of the alleged attack on Julianne P. Although the police previously had searched defendant’s motorhome in connection with that case, Detective Worthen believed additional items might be located in defendant’s apartment.

Detective Worthen also had learned from defendant’s former wife, Cindy, that many years previously, defendant sometimes had awakened screaming due to “nightmares of a girl that he murdered and buried,” and that defendant once had threatened Cindy with a rifle. A number of interviewees had informed Detective Worthen that for a period of several years, defendant had photographed various young women and girls, often having them dress in outfits selected by defendant.

Detective Worthen learned of at least one other unreported possible criminal incident occurring in 1972 or 1974, in which defendant purportedly had driven a female 15 years of age to Malibu Canyon, where he attempted to give her narcotics and take her photograph. Based upon his review of defendant’s criminal history and his knowledge of the facts of the present cases, Detective Worthen suspected that defendant might be responsible for the deaths of persons in addition to Stewart and Campbell.

Detective Worthen testified that he also relied upon defendant’s “rap sheet.” Defendant’s prior record included a 1972 charge of assault with intent to commit rape, reduced to battery pursuant to defendant’s guilty plea, several charges of indecent exposure in 1971 that had been dismissed, and several earlier charges of automobile theft. Detective Worthen testified that he believed he had probable cause to seize each of the photographs on the basis of the warrant and affidavit.

Detective Worthen had informed the police officers assigned to search the apartment that they were not limited to the items described in the warrant, but were to seize any item that might have relevance to anything mentioned in the affidavit. Detective Worthen did not recall whether he had a photograph of Campbell or Stewart with him at the time he and the officers executed the search warrant. Detective Ravens, who was in charge of the search of defendant’s apartment, testified that prior to the search, he had read the affidavit of probable cause but not its numerous attachments.

He believed that the police were to seize an item not listed in the warrant if, once the police were inside the apartment, there appeared evidence related to other possible murder victims that might be used in future investigations. The police seized many of the contents of the hall closet in defendant’s apartment. Detective Ravens seized a .22-caliber rifle not described in the warrant, because it was common police practice to seize all firearms in a homicide case.

Pursuant to the warrant’s direction to seize all photographs, Detective Ravens seized a photo album in the belief that photographs might be relevant to another criminal investigation. Detective Ravens had not been informed specifically what jewelry Tracey was wearing when she disappeared, and therefore seized numerous pieces of jewelry that he believed might belong to her. After 6:00 p.m. on July 31, Detective Rooney conducted a search of defendant’s automobile.

The detective had investigated the death of Mischa Stewart, had seen his photograph and observed his body at the murder scene, and also had received a photograph and description of Tracey. Rooney previously had examined and had with him a copy of the search warrant, but did not recall reading the affidavit. Rooney searched for those items listed in the warrant and also for items having evidentiary value with regard to defendant’s criminal activities.

Detective Rooney testified that he seized various items, including a bag that contained numerous photographs and negatives, pursuant to the search warrant’s directive to seize “all photographs.” Due to the difficulty in examining the items with a flashlight inside the vehicle, and because he believed that Detective Worthen would be better able to determine their relevancy, Detective Rooney removed the items and placed them on a desk inside the police station.

Upon briefly examining the photographs—including those that proved to be of Shari Miller—Detective Rooney believed it possible they might be of Tracey Campbell, or that they might relate either to the case involving the sexual assault and torture of defendant’s girlfriend occurring in the desert, or the case involving the man and woman who were tied and threatened with a “knife” in the desert. Because he believed a knife was involved in that case, Detective Rooney also seized a knife found inside the trunk.

That same evening, Detective Rockwood, who had observed the body of Jane Doe No. 60, reviewed the photographs that Detective Rooney had placed on the desk. Detective Rockwood noticed that a woman in the photographs appeared to have tattoos in the same area of the left ankle as the area in which skin had been removed from the body of Jane Doe No. 60 and concluded there was some connection between the two women. The trial court denied the defense motion to suppress evidence.

The court ruled that the police officers had not conducted an exploratory search, but rather had seized items described in the warrant or closely resembling such items, or that were so interconnected with specifically described items that it would be impossible or impracticable to separate the items prior to their seizure. Prior to the trial court’s ruling, our court had held that items not named in a search warrant may be seized if the officer is “ ‘ “presently aware of some specific and articulable fact from which a rational link between the item seized and criminal behavior can be inferred.” ’ ” (People v.

Easley (1983) 34 Cal.3d 858, 872 [196 Cal.Rptr. 309, 671 P.2d 813]; People v. Ramos (1982) 30 Cal.3d 553, 573-574 [180 Cal.Rptr. 266, 639 P.2d 908]; People v. Superior Court (Meyers) (1979) 25 Cal.3d 67, 73-74 [157 Cal.Rptr. 716, 598 P.2d 877]; People v. Hill (1974) 12 Cal.3d 731, 762 [117 Cal.Rptr. 393, 528 P.2d 1], overruled on other grounds in People v. DeVaughn (1977) 18 Cal.3d 889, 896, fn. 5 [135 Cal.Rptr. 786, 558 P.2d 872].) Thereafter, the United States Supreme Court in Arizona v.

Hicks (1987) 480 U.S. 321, 326 [107 S.Ct. 1149, 1153, 94 L.Ed.2d 347], held that, when the initial intrusion that brought officers within plain view of an item is supported by one of the recognized exceptions to the warrant requirement, such as exigent circumstances, the seizure of items not listed in a warrant is legal only if the police have probable cause to believe (rather than merely a reasonable suspicion) that the items are related to a crime. Based upon that ruling, defendant moved for reconsideration of the motion.

Upon reconsideration, the trial court granted the motion in part, suppressing the rifle seized from defendant’s apartment, but declining to suppress the several photographs depicting Shari Miller or the knife.

The trial court determined that despite the warrant’s overbreadth, the photographs seized from defendant’s vehicle were admissible because the officers executed the search in a “good faith” belief the warrant was valid, and because Detective Rockwood’s testimony concerning the connection he perceived between the woman in the photographs and Jane Doe No. 60 established a nexus between those photographs and the items whose seizure was authorized by the warrant. The court found that a nexus was established between the knife and “two acts of criminal behavior where a knife had been used.”

(1) Restriction of scope of inquiry Defendant asserts that the trial court improperly limited the scope of the hearing by declining to permit defendant to introduce all of the items, including 189 photographs, that the police had seized. The record reflects that defendant’s motion catalogued each item seized. The police officers who testified were examined extensively by the defense, not only concerning the knife and several photographs that the prosecutors sought to have admitted, but also concerning numerous other photographs and items seized.

The trial court did not err in declining to permit the introduction into evidence and examination of the police officers as to every single item seized. The reporter’s transcript and related minute orders recording the lengthy proceedings involved in the suppression motion demonstrate that the trial court, in ruling on the motion, was well aware of the nature and number of items seized that did not directly pertain to the subject investigations, and therefore properly could evaluate, for example, whether the search was exploratory in nature.

(2) Consideration of applicability of the good faith exception Defendant asserts that the warrant was so facially deficient that no reasonable police officer could have relied upon it to conduct the search, and that therefore the trial court erred in even considering whether to apply the “good faith” exception to the rule otherwise requiring the suppression of evidence seized pursuant to a facially valid warrant subsequently determined to be invalid. As noted above, in the present case the trial court determined that the reference in the search warrant to all photographs was overbroad, thus finding the warrant partially invalid. Pursuant to California Constitution,

article I,

section 28, subdivision (d), our review of issues related to the suppression of evidence derived from police searches and seizures is governed by federal constitutional standards. (People v. Camarella (1991) 54 Cal.3d 592, 595-596 [286 Cal.Rptr. 780, 818 P.2d 63]; see People v. Glaser (1995) 11 Cal.4th 354, 363 [45 Cal.Rptr.2d 425, 902 P.2d 729]; People v. Banks (1993) 6 Cal.4th 926, 934 [25 Cal.Rptr.2d 524, 863 P.2d 769]; People v.

McPeters (1992) 2 Cal.4th 1148, 1171 [9 Cal.Rptr.2d 834, 832 P.2d 146].) The warrant clause of the Fourth Amendment expressly provides that no warrant may issue except those “particularly describing the place to be searched, and the persons or things to be seized.” (U.S. Const., 4th Amend.; Walter v.

United States (1980) 447 U.S. 649, 656-657, fn. 8 [100 S.Ct. 2395, 2402, 65 L.Ed.2d 410].) “General warrants, of course, are prohibited by the Fourth Amendment. ‘(T)he problem (posed by the general warrant) is not that of intrusion per se, but of a general, exploratory rummaging in a person’s belongings . . . . (The Fourth Amendment addresses the problem) by requiring a “particular description” of the things to be seized.’ (Coolidge v. New Hampshire, 403 U.S. 443, 467 .. . (1971).” (Andresen v.

Maryland (1976) 427 U.S. 463, 480 [96 S.Ct. 2737, 2748, 49 L.Ed.2d 627].) The high court also has recognized, however, that in a complex case resting upon the piecing together of “many bits of evidence,” the warrant properly may be more generalized than would be the case in a more simplified case resting upon more direct evidence. (Id. at p. 481, fn. 10 [96 S.Ct. at p. 2749].) In United States v.

Leon (1984) 468 U.S. 897 [104 S.Ct. 3405, 82 L.Ed.2d 677], the high court held that evidence obtained pursuant to a facially valid search warrant subsequently determined to be invalid is admissible if the officers executed the search in objectively reasonable reliance upon the validity of a search warrant issued by a neutral magistrate. (Id. at pp. 922-923 [104 S.Ct. at pp. 3420-3421]; People v. Camarella, supra, 54 Cal.3d 592, 602-603; see People v.

Machupa (1994) 7 Cal.4th 614, 618, fn. 1 [29 Cal.Rptr.2d 775, 872 P.2d 114].) The court in Leon noted several exceptions to the admissibility of evidence seized under these circumstances, however, including the situation in which the warrant is “so facially deficient—i.e., in failing to particularize the place to be searched or things to be seized—that the executing officers cannot reasonably presume it to be valid.” (United States v.

Leon, supra, 468 U.S. 897, 923 [104 S.Ct. 3405, 3421].) A police officer may not shift all of the responsibility for the protection of an accused’s Fourth Amendment rights to the magistrate by executing a warrant no matter how deficient it may be in describing the places to be searched and the items to be seized. An officer applying for a warrant is required to exercise reasonable professional judgment. (People v. Camarella, supra, 54 Cal.3d 592, 604; Bailey v. Superior Court (1992) 11 Cal.App.4th 1107, 1114 [15 Ca

[…]