Wojtkowski

Defendant Louis Frank Wojtkowski appeals his judgment of conviction of spousal battery, rape, and sodomy entered after a jury trial. (Pen. Code, §§ 273.5, 262, subd. (a), 286, subd. (c).) We affirm the judg ment and hold that the trial judge properly admitted tape recordings of defendant’s postarrest admissions. [. . .]

Facts

When Mrs. Wojtkowski returned home after her evening shift as a nurse’s aide, she discovered her husband inebriated. He argued with her for several hours concerning her desire for a divorce. He requested that she have sexual intercourse with him, and when she refused, he became enraged. He unplugged the two house telephones from the wall and threw them outside. He threatened to kill Mrs. Wojtkowski, and then pulled her hair, choked her, threw her on the floor, raped and sodomized her.

Warren Wojtkowski, the couple’s nine-year-old son, awoke and heard his mother say “Stop, Lou, stop.” He heard his father threaten to kill her. He rose from bed and saw his nude father choking his mother. Warren tried to call his grandmother for assistance, but found the bedroom phone missing. Louis Wojtkowski, the couple’s 11-year-old son, heard his mother crying and…