took a bubble shield from a paper bag and thrust it at defendant, asking if it was familiar to him. Defendant said it was not and pushed it away. The bubble shield introduced at trial did not belong to him.
Defendant testified he had owned a blue motorcycle helmet, but it was stolen months before Koll’s killing. The helmet was blue when he acquired it; he did not paint it. The spiral-bound notebook was his, but he did not write the Koll pharmacy telephone number in it.
Guilt Phase Evidence: Defense
Defendant’s attorney in the robbery case, Adolfo Lara, testified that he had advised defendant that, based on the photographic lineups he had seen, there was a “misidentification issue” in the case. On the morning of the Koll killing, defendant wore dress slacks, a sports coat, and a shirt and pullover sweater to court. Before the lunchtime recess, Lara discussed prosecutor Haney’s plea offer with defendant, but they reached no final decision. Lara suggested to Haney that they wait until the afternoon before determining whether the case would be resolved by plea or trial. He denied, however, telling Haney “[his] man wants the noon hour to think it over.”
After lunch defendant was dressed as before and was not disheveled or perspiring. According to Lara, defendant was not present when prosecutor Haney told Lara of Koll’s death. After learning of it from Haney, Lara told defendant privately, outside the courtroom.
On the day of the homicide, Joe Ingber, an attorney, was trying a criminal case in the courtroom adjacent to that in which the Koll robbery case was being tried. During the afternoon, Ingber saw a Pasadena police officer, Eugene Gray, confer with another officer, and perhaps another person, at the back of the courtroom. One of the people took a dark motorcycle helmet, with visor, out of a