PEOPLE v. LYNCH





















Filed 8/12/10









IN THE SUPREME
COURT OF CALIFORNIA







THE PEOPLE, )

)

Plaintiff
and Respondent, )

) S026408

v. )

)

FRANKLIN LYNCH, )

) Alameda
County

Defendant
and Appellant. ) Super. Ct.
No. H-10662

__________________________________ )





Defendant
Franklin Lynch was convicted of the first
degree murders of Pearl Larson, Adeline Figuerido, and Anna Constantin; the
residential burglary of Larson, Figuerido, Constantin, Bessie Herrick, and Ruth
Durham; and robbery of Figuerido, Constantin, Herrick, and Durham. (Pen. Code, §§ 187, subd. (a), 189, 211,
459.)[1] The jury also found true
the special circumstance allegations of burglary murder and robbery murder as to all three murder
victims, the multiple-murder special-circumstance allegation, and allegations
that defendant personally inflicted great bodily injury on Herrick and Durham,
who were persons 60 years of age or older.
(§§ 190.2, subd. (a)(3), (17), former §§ 1203.075, 1203.09,
subd. (a), 12022.7.) The jury returned a
death verdict, and the trial court entered a judgment of death. This appeal is automatic. (Cal. Const., art. VI, § 11, subd. (a);
§ 1239, subd. (b).) For the
reasons that follow, we affirm the judgment.

I. Factual
Background

A. Guilt Phase

1. Prosecution Evidence

Between the months of June and August 1987,[2] defendant beat and robbed, or attempted to rob, five elderly
Caucasian women in their homes. Three of
the victims died as a result of the attacks.

a) Death
of Pearl Larson

Late in the evening on
June 24, 76-year-old Pearl Larson was found dead in her home. She had lived in a corner house on Wake
Avenue in San Leandro with her teenage grandson. Larson was found lying on a bed, with the card
holder portion of a wallet and some coins next to her. Her hands were bound with nylon
stockings. Her housecoat was pulled up
over her head, and she was not wearing underwear. Subsequent investigation revealed no evidence
of a sexual assault. An autopsy revealed
Larson died by asphyxia caused by a garment that was tied around her head,
covering her face and part of her neck.
There was bruising on her face, particularly around her left eye, caused
by blunt trauma. She had a contusion on
the back of her head that â€