acquaintance of defendant, saw him sometime between 11:30 a.m. and noon in the hallway. Bryant invited defendant to join him for lunch, but defendant declined, saying he had something else to do.
While in his office during the lunch hour, Haney learned that Koll had been shot and killed. He returned to the courtroom around 1:25 p.m. When defendant and his attorney, Lara, entered, Haney asked Lara whether his plea offer had been accepted. Lara answered that his client wanted to go to trial. Haney then told Lara and defendant that Koll had been killed. While Lara reacted with incredulity, defendant had no reaction at all, “not a flicker of emotion.” A Pasadena police officer who witnessed the conversation agreed that Lara reacted with surprise and disbelief, while defendant had “no reaction whatever.”
Police arrested defendant later that afternoon, during a recess in the robbery trial. When officers sought to test defendant’s hands for gunshot residue in a conference room just outside the courtroom, defendant asked to use the bathroom first and, when he was refused, became agitated, yelling, “I got to take a piss, I got to take a piss.” The residue test proved negative, but, according to an expert, this result was inconclusive as to whether defendant had fired a gun; residue would be absent if a shooter wore gloves while firing, and could be washed off the hands or removed by incidental rubbing.
Koll’s pharmacy, at 939 East Walnut Street, was near the corner of Walnut and Mentor Avenue. Two witnesses who worked in the Pacific Telephone training center at 959 East Walnut were eating lunch outside their building about 12:20 p.m. on November 3, 1980. They noticed a man walking by who, despite the hot weather, was wearing a denim jacket and pants, gloves, and a blue motorcycle helmet with a smoky-colored shield covering the man’s face. The man