In the supreme court of california



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3. Other Evidence


The prosecution presented rebuttal evidence defending the validity of the DNA evidence, and defendant presented surrebuttal evidence responding to that rebuttal evidence.

B. Penalty Phase

1. Prosecution Evidence


The victim’s mother and grandmother testified about the victim and the impact her death had on them and the rest of the family. The mother identified for the jury eight photographs of the victim.

2. Defense Evidence


Defendant presented a wide range of evidence in mitigation. Several family members presented evidence that, as defendant puts it in his brief on appeal, he “came from a family which had been impoverished, sexually, physically, and psychologically abusive, and dysfunctional for generations.” In 1989, defendant’s father was arrested for child abuse, and the children were removed from the family home. The father also fatally shot a man in front of defendant, for which he eventually pleaded guilty to manslaughter. Dr. Matthew Mendel and Dr. Francisco Gomez, both psychologists, testified about defendant’s troubled family background and the negative impact it had on him. Other witnesses testified about defendant’s good qualities.



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