Brown

A jury convicted Steven Allen Brown of first degree murder, sodomy, and forcible lewd act on a minor under 14. It found true the special circumstances for murder in the commission of the sexual offenses, and returned a death verdict. This appeal is automatic. (Cal. Const., art. VI, § 11, subd. (a); Pen. Code, § 1239, subd. (b).) We affirm the judgment.

I. FACTS

A. Guilt Phase

1. Prosecution

The body of 11-year-old April Holley was found in the bathtub of the trailer home she shared with her mother Naomi and her older sister Tammy. April had been sexually assaulted and drowned. Defendant was linked to the crimes primarily by statements attributable to him. At trial, he denied his involvement and offered a partial alibi defense. The time of April’s death was an important question. In addition to a pathologist’s estimate, the prosecution offered the testimony of a number of witnesses to establish when the crime occurred.

The Holleys’ trailer was located in an area on the outskirts of Tulare called the Matheny Tract (the Tract). The trailer’s front door was generally secured by a padlock when the family was away, but the back door was often left open. The weekend of…