Charles

Defendant Edward Charles III was convicted at trial of one count of first degree murder and two counts of second degree murder (Pen. Code, § 187, subd. (a).) The jury also found true multiple-murder special-circumstance allegations. (§ 190.2, subd. (a)(3).) Following a fourth penalty trial, the jury returned a verdict of death. The trial court denied the automatic application to modify the verdict (§ 190.4, subd. (e)) and sentenced defendant to death. This appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment.

Statement of Facts

1. Guilt Phase

A. Summary

Defendant was charged with killing his father, Edward Charles II, his mother, Dolores Charles, and his 19-year-old younger brother, Daniel Charles. The prosecution showed that on the evening of November 6, 1994, defendant went to his parents’ home around dinnertime when his parents and brother were all present. Sometime later, defendant abducted Danny, stabbed him, and forced him into the trunk of Danny’s car. He either choked or hit Danny in the neck with sufficient force to break his hyoid bone before killing him by striking him repeatedly in the head with a 16-inch crescent wrench. Defendant returned to…