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to kill or lack thereof.  Nor was the reliability of eyewitness testimony a matter “closely and openly connected to the facts before the court and . . . necessary for the jury’s understanding of the case” (People v. Montoya (1994) 7 Cal.4th 1027, 1047), such that instruction on the topic was required of the court sua sponte.  

The proffered evidence being irrelevant, and the suggested instructions unconnected with the evidence, defendant’s assertion that the claimed errors deprived him of due process, compulsory process, trial by jury, the right to present a defense, and subjected him to cruel and unusual punishment must also be rejected.

XI.  Refusal of Request to Make a Record Regarding a Ruling on the Order of Witnesses

During and immediately following the direct examination of defendant, defense counsel sought to interrupt defendant’s testimony in order to call Ramesh Kar, the defense paint comparison expert.  The court refused the request, stating that “[t]he People have a right to timely cross-examine this witness.”  The court also denied counsel’s request to make a further record.  

Defendant contends the refusal of counsel’s request to make a record was an abuse of the court’s discretion depriving him of due process and a fair trial.  We disagree.  When counsel made the request, he had the opportunity to briefly state his reasons for wanting to immediately call Kar, but said only that Kar “is an individual who is internationally known.”  The court firmly believed that delay of defendant’s cross-examination would be unfair to the prosecution, Kar’s asserted fame notwithstanding, a judgment well within the court’s discretionary control over trial proceedings and the order of proof.  (§ 1044; Evid. Code, § 354.)  It was neither an abuse of discretion, nor a denial of fair procedure, for the court to close discussion on this procedural point.

XII.  Exclusion of Evidence that Koll Misidentified His Robbers

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