After convicting defendant of the charged crimes, the jury was unable to
reach a penalty verdict. The following evidence was presented at the penalty
retrial.
           1. The Prosecution Case
           The prosecution introduced evidence of the circumstances of the crime. As
he did in the guilt phase, Kevin Jackson recounted the story defendant had told
him shortly after the shooting. Testimonial evidence and an autopsy photograph
established that Monique was one month pregnant when she was murdered.
           Evidence concerning the circumstances of defendant’s prior convictions
also was presented. Joseph Canada testified that in July 1991, he had pulled his
car off to the side of thegang and inmates in the 415 gang. Ghan
witnessed a group of six to eight 415 inmates rush across the prison yard to attack

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two or three Crips inmates. Other Crips ran to join the fray. Eventually as many
as 18 people were involved in the brawl, which ended shortly after Ghan shot a
415 inmate who was kicking a Crips inmate in the head. Defendant was later
identified as one of the Crips who participated in the brawl, although his role in
the fight was unclear.
      