P.

FACTS

The victim was defendant’s live-in girlfriend. By the time of the victim’s death in

December 1982, they had been involved with each other for three years. They lived in

Needles, a town where “everybody . . . knows everybody.”

On December 24, 1982, the victim’s left hand was found in a plastic bag on the

shore of the Colorado River. On January 23, 1983, the victim’s head was found inside

two plastic bags, floating in the Colorado River.

Prior Incident

A woman testified that in May 1981, she saw defendant and the victim arguing in

a driveway next to a car whose front windshield appeared to have just been broken by a

trash can. The woman heard the male voice say, “If you want me to move my fucking

stuff out of here,” then the female voice said something, then the male voice said, “I will

get all my shit and leave[.]” The woman saw defendant take a lit road flare and poke and

stab at the victim with it, while the victim defensively tried to fight defendant off.

Defendant then chased the victim with the lit flare, and hit her with it. The victim ran to

a nearby house. The woman told police at the time that the victim pounded on the door

1 Defendant filed a…