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People v. Whitt10/25/1990
, a psychologist, spent a total of 10 hours interviewing defendant and administering various psychological tests. Dr. Demos testified that defendant suffers from a "paranoid schizophrenic" condition and from alcohol and opiate addictions that are all "in remission." Defendant also was diagnosed as having a "histrionic personality disorder" which causes him to "exaggerate" his accomplishments, such as bragging about the crimes to DeLoach. Dr. Demos determined that defendant also has a chronic "anti-social personality disorder" typified by a "selfish" disrespect for the law. Dr. Demos testified that he believed defendant's claim that the shooting was "an accident" and that defendant is now "sorry" about what he had done.
Two convicted capital murderers, Ronald Sanders and William Payton, described changes in defendant's behavior on "Death Row." Both testified that when they first met defendant, he refused to interact with other inmates except to occasionally drink and gamble. They also said he engaged in strange behavior, such as collecting insects, refusing to bathe, watching a blank television set, and speaking to inanimate objects. Sanders testified that around January 1984, defendant was moved to an "isolation cell." When he returned to his regular cell a few days later, he was invited by Sanders to join an inmate group that studies the Bible and Christianity, and conducts
group prayer. Defendant agreed to join and, according to both Sanders and Payton, is now a "born-again Christian." Defendant purportedly attends daily group meetings, reads the Bible, and discusses religion with enthusiasm. In Payton's words, defendant shows "compassion" towards fellow inmates by "shar " his few material possessions and "counsel " others to avoid crime.
II. Special Circumstance Issues
In Whitt I, supra, 36 Cal. 3d 724, we affirmed defendant's convictions of all felony charges (murder, robbery, assault, and weapon possession). As noted, the special circumstance finding was vacated and the penalty judgment reversed, because the jury had not been instructed that intent to kill was an element of the robbery-murder special circumstance. (See Carlos v. Superior Court, supra, 35 Cal. 3d 131, 153-154 (Carlos).) Carlos applied on appeal in Whitt I, even though defendant's crimes were committed and tried before Carlos was decided. (See People v. Garcia (1984) 36 Cal. 3d 539, 549 [205 Cal. Rptr. 265, 684 P.2d 826] [holding Carlos applies "retroactively to all cases not yet final"].)
Defendant observes that, upon retrial of the special circumstance in February 1985, "the sole disputed issue" was whether he intended to kill the victim when he fired the fatal shot. Defendant concedes that a Carlos instruction was duly given upon retrial, and that the jury explicitly determined that he acted with intent to kill when it found the special circumstance to be true.
Defendant insists, however, that the special circumstance finding should be vacated a second time because: (1) the court erroneously denied his motions to suppress and strike testimony by informant DeLoach indicating that defendant admitted an intent to kill; (2) trial counsel was ineffective in failing to present any evidence that the killing was accidental, and in failing to object to evidence of the Goforth assault; (3) prosecutorial
argument misled the jury into believing that the intent-to-kill issue had already been decided against defendant at the original guilt trial; and (4) the court erroneously instructed the jury that, in determining the intent-to-kill question, it was to assum
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