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People v. Mayfield1/2/1997
e of these, the objection was sustained, and in the fourth instance the question related to whether defendant could have purchased cigarettes somewhere more convenient than the service station at which Sergeant Wolfley was shot, and the trial court's ruling that this subject was relevant to defendant's credibility was not an abuse of discretion.
We conclude that defendant has not demonstrated prosecutorial misconduct in asking argumentative or irrelevant questions.
4. Abusive or Repetitive Questions
A trial court must control cross-examination "to protect the witness from undue harassment or embarrassment." (Evid. Code, § 765, subd. (a).) On the other hand, as we have observed, the permissible scope of a prosecutor's cross-examination of a defendant is " 'very wide.' " ( People v. Cooper, (supra) , 53 Cal. 3d 771, 822.) Here, as was appropriate in a case of such complexity and seriousness, the trial court permitted the prosecutor to question defendant in detail. The questioning did not always follow a strict chronological sequence of the events on the night in question, and the trial court gave the prosecutor some latitude to return to events that had been the subject of previous questioning. But as soon as the cross-examination threatened to become unduly repetitious and unproductive, the trial court advised the prosecutor he would no longer be permitted to cross-examine in areas previously covered. Defendant has not demonstrated an abuse of trial court discretion in the control of cross-examination, nor has defendant demonstrated prosecutorial misconduct in repetitive questioning.
5. Mistrial Motion
The defense moved for a mistrial immediately after the trial court cautioned the prosecutor that further cross-examination concerning topics previously covered on cross-examination would not be permitted. The trial court denied the motion. On appeal, we review this ruling under the deferential abuse of discretion standard. ( People v. Price, (supra) , 1 Cal. 4th 324, 428.) We find no abuse of discretion. Although the prosecutor's lengthy cross-examination tested the limits of what is permissible, the trial court exercised firm control, and those limits were not exceeded. Accordingly, we conclude that the cross-examination did not deny defendant his federal and state constitutional rights to a fair trial, to testify and present a defense, to a trial by jury, and to a reliable guilt verdict in a capital case.
I. DEFENDANT'S POSTARREST STATEMENTS TO HIS FATHER
During the prosecution's case in rebuttal, and over defense objection, Detective Amicone testified about certain statements of defendant's father apparently recounting statements that defendant had made to his father at the police station. Defendant now contends that the trial court erred in overruling his objection to this testimony because (1) defendant's statements to his father were elicited in violation of defendant's Fifth Amendment rights under Miranda v. Arizona, (supra) , 384 U.S. 436; (2) the evidence was tainted by surreptitious tape recording of defendant's conversation with his father in violation of section 2600, defendant's state constitutional right of privacy, the federal wiretap statute (18 U.S.C.S. § 2511), and the Fourth Amendment to the federal Constitution; (3) the evidence was improper rebuttal; and (4) the evidence was inadmissible hearsay. Defendant further contends that, assuming the evidence was properly admitted, his trial attorney's failure to elicit exculpatory evidence on cross-examination of Detective Amicone and Roy Mayfield violated defendant's rights under the state and federal Constitutions to effective assistance of counsel.
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