(in the courthouse at 300 East Walnut Street) to the supermarket parking lot where defendant’s car was found by police later that day was about 150 yards and took three minutes on foot. From the supermarket to a parking spot near the pharmacy (at Locust Street and Wilson Avenue) took about four minutes by automobile at posted speed limits. Walking from that spot to the pharmacy building (at Walnut Street and Mentor Avenue), ascending to the pharmacy on the second floor by the stairs, descending by elevator, and walking back to Harris’s car at Locust and Wilson took seven and a half minutes. By car from Locust and Wilson to defendant’s apartment building on Washington Boulevard near El Molino Avenue was 1.9 miles and took about six and a half minutes. From defendant’s apartment building back to the supermarket parking lot took four minutes to drive. Including a walk back to the courthouse, the total travel time was 28 minutes. In addition, Harris timed a route from his parking spot at Locust Street and Wilson Avenue north on Wilson to Mountain Street, west to Los Robles Avenue, and south back to the supermarket parking lot. This took seven minutes to drive.
Defendant’s Prior Testimony
Over defense objection, the prosecution introduced parts of defendant’s testimony from his first trial as part of its case-in-chief.
Defendant denied killing Koll or being at the pharmacy on November 3, 1980. He testified that his robbery trial recessed about 11:45 a.m. on that day. He talked to his attorney, to Brother Ed Bryant, and to another acquaintance, Curtis Moore, before finally leaving the building around 12:10 p.m. He walked to his car, which he had parked in the supermarket lot diagonally across from the court building.
During the afternoon, defendant was asked to take a gunshot residue test and agreed. While in the conference room for the test, an officer (Knebel)