How have the courts dealt with the issue of lack of remorse in the context of the death penalty?

Defendant objects that the prosecutor argued defendant's lack of remorse as a nonstatutory factor weighing in favor of the death penalty. Defendant also argues the prosecutor committed misconduct when he told the jury to show defendant the same amount of sympathy, mercy, or pity that defendant showed his victims. More specifically, the prosecutor asked the jury: "What remorse has [defendant] ever shown?" He also reminded the jury that defendant's courtroom demeanor included "icy cold stares" and showed "[n]o sorrow. [?] No feeling. [?] No morals. [?] And above all else, no conscience." This argument, however, was in the context of responding to defendant's plea for pity and sympathy. In making it, the prosecutor

[133 Cal.Rptr.2d 134]

did not suggest that lack of remorse was an aggravating factor warranting the death penalty. Accordingly, the argument was not improper. People v. Lewis, supra, 25 Cal.4th at pp. 673-674, 106 Cal. Rptr.2d 629, 22 P.3d 392.)

[133 Cal.Rptr.2d 134]

Defendant also objects to the prosecutor's argument that defendant engaged in "a rejoicing celebration of a murder" and "brag[ged] about his new property." The evidence indicates that defendant called his girlfriend during the time between the two murders and asked her if she wanted to ride in his truck?the one he had just stolen from his first murder victim. While the prosecutor's characterization of this telephone conversation as a "rejoicing celebration" and "brag[ging]" was a hyperbole, we do not think it was misleading to the jury, and it falls within the scope of permissible argument. (Cf. People v. Carrera (1989) 49 Cal.3d 291, 320, 261 Cal.Rptr. 348, 777 P.2d 121.)

Defendant next asserts misconduct based on the prosecutor's argument that defendant stabbed the murder victims "long after they had already been dead." Defendant objects to the prosecutor's use of the word "long," asserting that the stab wounds were all inflicted at roughly the same time. He also argues that, assuming some of the wounds were inflicted postmortem, no evidence suggests defendant knew the victims were dead when he inflicted these wounds. We find no misconduct. "Long" is a relative term; a few seconds might be characterized as a long time when a murderer continues to stab a victim who shows no signs of life. The jury in this case could infer from the evidence?and in particular from the number of stab wounds?that the killer continued to stab the victims long after they died. Though a different conclusion was also possible, the prosecutor was entitled to make reasonable inferences based on the evidence, and defendant was entitled to assert contrary inferences. (People v. Cunningham, supra, 25 Cal.4th at p. 1027, 108 Cal.Rptr.2d 291, 25 P.3d 519.)