Whisenhunt

On October 10, 1995, 19-month-old Kesha Gurke died of severe internal injuries and third degree bum wounds she received in the home where she lived with her mother, Jeanette Hill, and her mother’s boyfriend, defendant Michael McCrea Whisenhunt. On August 22, 1996, a San Luis Obispo County jury found defendant guilty of first degree murder and found true the special circumstance that the murder was intentional and involved the infliction of torture. (Pen. Code, §§ 187, 189, 190.2, subd. (a)(18).) After the penalty phase, the jury returned a verdict of death. The trial court denied defendant’s motion for new trial and modification of the penalty (§ 190.4, subd. (e)), and sentenced him to death. This appeal is automatic. (Cal. Const., art. VI, § 11; § 1239, subd. (b).)

For reasons discussed below, we affirm the judgment in its entirety.

I. FACTS

A. Guilt Phase

1. The Prosecution’s Case

a. Kesha’s Birth and Early Life

Kesha Gurke was bom on February 14, 1994. Her mother, Jeanette Hill, had met Kesha’s father, Jeff Gurke, in junior high school, and had just turned 18 years old when she gave birth to Kesha. Hill’s relationship with Jeff Gurke ended in May 1995, and he…