P.

FACTS AND PROCEDURAL BACKGROUND

1. The murder of Eric Alexander. a. The Shooting on September 17, 2004. On September 17, 2004, Khaled Fleming heard approximately 10 gunshots. Fleming stepped outside his home and walked toward Sixth Avenue where he saw the doors of a black SUV close and saw the vehicle leave the scene. At 2:34 a.m. on September 17, 2004, Los Angeles Police Officer Winston Lee received a radio call regarding a shooting in the 4300 block of Sixth Avenue. Upon arrival, Lee saw a man, later identified as Eric Alexander, lying unconscious. Lee found eight .22-caliber bullet casings near Alexander. While at the scene, Lee learned Alexander had died.

2 Los Angeles Police Detective Stanley Evans found approximately $200 in Alexander’s jacket and pants and $150 on the ground nearby. Evans found no cell phone at the scene. Evans inquired of Alexander’s relatives regarding a cell phone without success. A deputy medical examiner testified Alexander sustained nine gunshot wounds, including two fatal wounds. b. The family gathering in San Diego. One week after the shooting of Alexander, on or about September 24, 2004, members of the Harris family gathered in San Diego at the…