How have the courts dealt with claims that photographs of a convicted rapist were not relevant at the penalty phase of a kidnapping trial?

Defendant argues the photographs were not relevant because, he claims, they did not show anything that he disputed. For example, he admitted he shot the victim while she was lying on the ground. But even so, the prosecution may still prove its case. Defendant cannot prevent the admission of relevant evidence by claiming not to dispute a fact the prosecution is required to prove beyond a reasonable doubt. The jury was entitled to learn that the physical evidence, including photographs, supports the prosecution's theory of the case. (People v. Scheid (1997) 16 Cal.4th 1, 16.)

Defendant also claims the photographs were prejudicial at the penalty phase. On the contrary, the penalty phase is an especially appropriate time to introduce photographs showing exactly what the defendant did. Indeed, photographs that have been excluded as too gruesome at the guilt phase may be introduced at the penalty phase. (People v. Moon (2005) 37 Cal.4th 1, 34-35.) "The photographs demonstrated the real life consequences of defendant's crimes and pointedly made clear the circumstances of the offenses . . . ." (Id. at p. 35.) We see no error.

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Defendant contends the evidence was insufficient to support the kidnapping conviction because it did not show that the movement was nonconsensual. To determine whether sufficient evidence supports a jury verdict, a reviewing court reviews the entire record in the light most favorable to the judgment to determine whether it discloses evidence that is reasonable, credible, and of solid value such that a reasonable jury could find the defendant guilty beyond a reasonable doubt. (People v. Story (2009) 45 Cal.4th 1282, 1296.) The evidence here was ample.

To constitute kidnapping, "the victim's movement must be accomplished by force or any other means of instilling fear. . . . [T]he force used against the victim 'need not be physical. The movement is forcible where it is accomplished through the giving of orders which the victim feels compelled to obey because he or she fears harm or injury from the accused and such apprehension is not unreasonable under the circumstances.' " (People v. Majors (2004) 33 Cal.4th 321, 326-327.)