People v. Johnson

**546 *546 On November 25, 1998, a Los Angeles County jury convicted defendant Cedric Jerome Johnson of the first degree murders of Gregory Hightower and Lawrence Faggins, and found true the multiple-murder special circumstance, arming, and personal use of a firearm allegations. ( Pen. Code, §§ 187, subd. (a), 189, 190.2, subd. (a)(3) ; id ., former §§ 12022, subd. (a)(1), 12022.5, subd. (a); all further undesignated statutory references are to this code.) Following the penalty phase trial, the jury returned a verdict of death. This appeal is automatic. (§ 1239, subd. (b).)

Many of defendant's claims in this appeal relate to the consequences of his disruptive behavior during the proceedings. One such consequence was his absence from the trial. As described in detail below, defendant's conduct conveyed a disregard for courtroom norms as persistent as it was severe. Beginning with his first trial on these charges, which ended in a hung jury, defendant unleashed profanity-laced tirades and accusations of racism against a number of different judges. He also expressed his dissatisfaction with his attorney, Steven K. Hauser, by repeatedly spitting on him and threatening to kill him and…