Cole

Introduction

Defendant Stephen Cole was convicted by a jury in Los Angeles County Superior Court of the first degree murder of Mary Ann Mahoney (Pen. Code, § 187; all further statutory references are to this code unless otherwise indicated) and arson (§451, subd. (b)). The jury also sustained a special circumstance allegation that the murder was intentional and involved the infliction of torture. (§ 190.2, subd. (a)(18).) A mistrial was declared on a further special circumstance allegation that defendant committed the murder while engaged in the commission of arson. (Former § 447, now § 451, subd. (b); § 190.2, former subd. (a)(17), now subd. (a)(17)(H).) The jury set the penalty at death under the 1978 death penalty law. (§ 190.1 et seq.) This appeal is automatic. (§ 1239, subd. (b).)

I. Facts

A. Guilt Phase

1. People’s Case-in-chief

Mary Ann Mahoney and defendant moved to California from the East Coast in 1986. They lived with Mary Ann’s mother, Gertrude Mahoney, in her North Hollywood apartment for two weeks and then moved to their own apartment nearby. Shortly thereafter, Mary Ann’s brother, Richard Mahoney, having observed physical injuries on Mary Ann that he…