State v. Robinson

The opinion of the court was delivered by

Stegall, J.:

John E. Robinson, Sr., was charged with multiple offenses related to the murders of six women—killings that constituted parts of a common scheme or course of conduct whereby Robinson would lure women to Johnson County with offers of employment, travel, and other benefits; exploit them sexually, financially, or otherwise; ldll them and dispose of their bodies in a similar manner; and engage in various acts of fraud, deceit, and manipulation to conceal his crimes. This common scheme or course of conduct began in the mid-1980s and continued until Robinsons arrest in June 2000.

The State charged Robinson with two counts of capital murder, one count for the intentional, premeditated murder of Suzette Marie Trouten (Count II) and the other for the intentional, premeditated murder of Izabela Lewicka (Count III). The State alleged, pursuant to K.S.A. 21-3439(a)(6), that the murders of Trouten and Lewicka were each part of a common scheme or course of conduct that also included the intentional, premeditated murders of Beverly J. Bonner, Sheila Faith, Debbie Faith, and Lisa Stasi.

The State also charged Robinson with aggravated kidnapping of Trouten (Count I), theft of Vicki Neufeld’s property (Count IV), first-degree premeditated murder of Lisa Stasi (Count V), and aggravated interference with Stasi’s parental custody (Count VI). The jury convicted Robinson on all counts.

Following the guilt phase trial, a separate sentencing proceeding was held pursuant to K.S.A. 21-4624(b). The penalty phase juiy sentenced Robinson to death on each capital murder conviction and that sentence was imposed by the trial court. Additionally, the trial court sentenced Robinson to 246 months in prison for the aggravated kidnapping of Trouten, 7 months for the theft of Neufeld’s property, a fife sentence with parole eligibility after 15 years for the first-degree premeditated murder of Stasi, and a pre-sentencing *24 guidelines sentence of 5 to 20 years or a postsentencing guidelines sentence of 13 months for the aggravated interference with Stasis parental custody.

On appeal, Robinson has raised 19 general claims of reversible error covering tire entire proceeding below. Within these general claims, Robinson asserts a variety of sub-claims. For simplicity, we number tire general issues consecutively and address all claims arising under each category. At the outset, we take the unusual step of noting that our review of this matter—given its size and complexity—has been assisted and facilitated by the diligence and professionalism of the trial judge, Judge Anderson, throughout the proceedings below. Moreover, the decision we announce today is in large part a product of Judge Anderson’s conscientious commitment to Robinsons fair trial rights.

Factual and Procedural Background - Guilt Phase

Resolution of Robinson s claims on this appeal demands a comprehensive review of the disturbing facts underlying Iris convictions and sentences.

John Robinson, Sr.

Robinson was a self-employed, but not entirely successful, entrepreneur. In the 1970s, he formed Hydro-Gro, Inc., a company that produced hydroponic vegetables. In the 1980s, Robinson offered financial consulting services through his company Equi II. His operations were interrupted when he was convicted of a nonperson felony and incarcerated at the Western Missouri Correctional Center in Cameron, Missouri. Following his release in the 1990s until his arrest, Robinson published a mobile home trade magazine called Manufactured Modular Home Living through his company Specialty Publications.

Robinson lived with his wife Nancy in a three-bedroom modular home in Olathe, inside Santa Barbara Estates—a large mobile home community. Robinson used computers and e-mail extensively and also utilized a cell phone and pager. Nancy began working as the on-site office manager at Santa Barbara Estates in 1997.

In the mid-1990s, Robinson acquired roughly 17 acres of prop *25 erty at a secluded Linn County location. He moved a trailer onto the property in July 1998 and installed two phone lines: one for his landline and one for his computer.

Though married to Nancy since 1964, Robinsons infidelity was an ongoing issue in their marriage. In 1998, Nancy learned her husband was involved in bondage and discipline, dominance and submission, sadism, and masochism (BDS&M) activities after discovering fetish websites saved in his Internet browser history. Robinson shared stories of his BDS&M liaisons with Carlos Ibarra, a maintenance employee at Santa Barbara Estates, and showed him nude photographs of a girlfriend depicted in BDS&M poses.

Robinsons Victims

The State s capital murder theory in Counts II and III was that Robinson killed Suzette Trouten and Izabela Lewicka, along with Sheila and Debbie Faith, Beverly Bonner and Lisa Stasi, and that these killings were all connected, constituting parts of a common scheme or course of conduct characterized by: (1) luring women with offers of employment, travel, and other benefits; (2) exploiting them financially, sexually, or otherwise; (3) killing them and disposing of their bodies in a similar manner; and (4) concealing the crimes through acts of deception and fraud. The State alleged Robinson committed other crimes along the way, including the aggravated kidnapping of Trouten, theft of Neufelds property, first-degree murder of Stasi, and aggravated interference with Stasi’s parental custody.

1. Suzette Marie Trouten

Suzette Marie Trouten was the youngest of Carolyn and Harry Trouten s five children. She lived near her mother in the Monroe, Michigan, area. The two were extremely close and talked daily, even when Trouten was away.

Unbeknownst to her mother, Trouten was active in the BDS&M community. She frequented BDS&M websites and chat rooms, created her own BDS&M web page, and traveled out of state for BDS&M trysts.

In the mid-1990s, Trouten met Lore Remington, a Canadian *26 resident who shared Trouten’s interest in BDS&M role playing games. Remington trained Trouten as a “slave,” die submissive partner in a BDS&M relationship, for these online games, and the two became close friends. Remington introduced Trouten to her friend, Tami Taylor, who also lived in Canada, shared an interest in BDS&M, and became another friend.

Trouten placed personal ads on BDS&M websites seeking a position as a “slave.” At that point, Trouten and Robinson began communicating by e-mail. In summer 1999, Trouten told her mother that Robinson had offered her a job caring for his elderly father, “Papa John.” Trouten said Robinson and his father were selling off several companies and Papa John needed nursing care as they traveled to various locations to close the deals. Trouten said the job would pay $60,000 annually and require extensive travel to places such as Switzerland and Belgium.

In October 1999, Trouten traveled to Kansas City, telling her mother she had an interview with Robinson. When she returned a few days later, Trouten told her mother she did not like the idea of being away from home but had decided to take the job for 1 year to earn enough money to return to school. Trouten took a second trip to Kansas in November, explaining she had to sign an employment contract and find a place to live.

Trouten shared the news of her employment opportunity with other friends and family. She told Taylor she would be working for a man named John, who needed someone to care for his elderly father, a wealthy businessman, while they traveled to Europe and other destinations throughout the United States. Trouten told Remington she would earn $6,500 per month and travel to places such as Australia and Hawaii working for Robinson. Trouten gave similar reports to her aunt, father, and employer in Michigan.

In late 1999 and early 2000, Trouten prepared for the move to Kansas and her upcoming travels. She researched colleges and other learning opportunities in Switzerland and Belgium, telling her mother that Robinson said they would be overseas long enough for her to take classes. Trouten completed a passport application. Just before Trouten left, her aunt, Marshalla Chidester, helped Trouten create a list of her friends’ and family’s contact information.

On or about February 12,2000, Trouten left for Kansas, bringing *27 along her two beloved Pekingese dogs, Peka and Harry, in the moving truck Robinson had rented for her. On February 14, Trouten arrived and checked into Room 216 at the Guesthouse Suites in Lenexa. Robinson had reserved this room for 7 nights under his company’s name, Specialty Publications. The reservation was later extended for an additional week.

When Trouten checked into her room, hotel staff informed her of their no-pet policy. On February 16, Robinson brought two Pekingese dogs, one named Hariy and the other named Peka, for boarding at Ridgeview Animal Hospital in Olathe. Robinson said the dogs belonged to his employee. In completing check-in paperwork, Robinson indicated the dogs would be boarded through tire end of February.

Once in Kansas, Trouten called her mother almost every day. Trouten told her mother she had decided to put her belongings in storage, rather than find an apartment immediately, because she and Robinson would be leaving on their trip soon. Trouten also said their itinerary had changed. Rather than travel to Switzerland as originally planned, they had decided to go to California, pick up Robinson s new yacht, and sail to Hawaii first, so Robinson could relax before resuming his meetings.

Trouten and Remington continued to communicate daily on ICQ, an instant messaging program on Yahoo. In these conversations, Trouten disclosed that she was in a sexual relationship with Robinson. At trial, Robinson conceded that he and Trouten had carried on a sexual, BDS&M relationship. The fact of this relationship was corroborated by other evidence at trial, including several e-mails in which drey discussed BDS&M; a “slave” contract signed by Trouten, purportedly governing the terms of their master/slave relationship; and a videotape of the two engaging in BDS&M sex.

The timeline of events on March 1 implicated Robinson in Trouteris disappearance. Around 1 a.m. on March 1, Trouten called her mother at work and said she and Robinson were leaving on their trip later that morning. Carolyn Trouten never saw or spoke to her daughter again.

Trouten and Remington were also communicating via ICQ chat early that morning. Remington ended her chat session with Trouten at 12:51 a.m. Remington never saw or spoke to Trouten again.

*28 At 11:43 a.m., a long-distance call was placed from Robinsons Linn County trailer to Nancy Robinsons work phone.

At 2:13 p.m., Robinson picked up Troutens dogs at the animal clinic in Olathe. Employees said Robinson appeared to be agitated and in a hurry He told one employee he was in a rush to get to the airport. Robinson placed the dogs in a small kennel and left. Trouten was not seen with Robinson or in his truck at the animal clinic.

At 2:24 p.m., Robinsons access code was used to gain entry through the security gates at his Olathe storage unit, and the code was used to exit the facility 6 minutes later.

At 2:35 p.m., Olathe animal control officer Rodney E. McClain was dispatched to Santa Barbara Estates after Robinson had instructed the office assistant to report two dogs on the loose. McClain arrived 10 minutes later and saw two Pekingese dogs inside a small-medium-sized carrying kennel located just outside the office. Both appeared to be in good condition. McClain transported them to the local shelter. Trouten never claimed her dogs.

Around 3 p.m., Isabel Clark, a housekeeper at the Guesthouse Suites, observed a man matching Robinsons general physical description loading Troutens belongings from Room 216 into a truck matching the description of Robinsons vehicle in the hotel parking lot. When she cleaned the room, Clark noticed the linens and towels were stained with blood. However, she had observed similar blood stains when she cleaned the room throughout Trouten s stay. Trouten had an irregular menstrual cycle and would bleed heavily. Trouten told Remington that she was experiencing a particularly long and heavy period at the end of February.

Around 3:30 p.m., a hotel security camera captured Robinson checking out of Troutens room. Hotel staff confirmed Robinson was the person who checked out of the room and paid the bill. Trouten was not with Robinson at the time, and hotel employees did not see her at all on March 1.

A few days after Trouten had supposedly left for California, Carolyn Trouten received a letter from her daughter. Its arrival was somewhat unusual, as Trouten typically called her mother and did not write letters. The letter arrived in a pink envelope postmarked *29 from Kansas City on March 6, 2000. The envelope was addressed to Carolyn Trouten, and the return address said only “Suzette Trouten.” The handwritten letter was dated February 28, 2000, and discussed Trouteris plans to leave for California with Robinson. Carolyn Trouten believed the handwriting on the envelope and letter was her daughter’s. However, she found it unusual the envelope was postmarked Kansas City on March 6 because Trouten said they were leaving on March 1. Suzette’s father, who lived in Florida, received a similar handwritten letter dated February 28, 2000, in an envelope postmarked Kansas City on March 6, 2000.

Suspicious of the postmark date, Carolyn Trouten called Robinson, who said Trouten had decided not to take the job. Robinson claimed she had met a man named Jim Turner and left town with him. Jim Turner was one of Robinsons aliases.

A few weeks after receiving the first handwritten letter, Carolyn Trouten received a second letter purportedly written by her daughter in an envelope postmarked from San Jose, California. This time, the letter was typewritten with Trouteris name signed in cursive at the bottom. Trouteris mother believed the signature was Trouteris. The letter opened with the statement: “Well, I’m off on an adventure of a lifetime.” Carolyn Trouten was convinced Trouten did not draft the letter because the language, style, wording, and typewritten format were wholly inconsistent with her daughter’s writing.

Just before her April 9 birthday, Trouteris grandmother received a birthday card purportedly written by Trouten. The card was in a green envelope postmarked San Jose, California, on March 27, 2000. Trouten’s aunt, Chidester, believed the mailing address on the envelope was written in Trouten’s handwriting but that the “S. Trouten” written in the return address section of the envelope was not. Trouteris father also received a similar typewritten letter in an envelope postmarked San Jose, California, March 27, 2000.

Unbeknownst to Trouteris family, Robinson had made arrangements in late March 2000 for Jean Glines to mail several letters for him from California. Glines was a former employee of Nancy Robinson, who maintained a long-distance relationship with Robinson by telephone and e-mail after she moved to California in 1997. Robinson asked Glines to mail some letters for him from California *30 as a favor. Glines, who had grown tired of the relationship with Robinson, agreed to mail the letters if Robinson stopped calling her. Glines received a package containing three pastel-colored envelopes from Robinson on March 27. Glines noticed some of the letters were addressed to a person in “Minnesota or Michigan,” and there was no return address, only the name “Sue,” “Suzette,” or the initials “ST.” Glines mailed the ietters that day from Milpitas, where all mail is sent to and postmarked San Jose, California.

Several weeks later, Trouten’s family received a number of fetters purportedly authored by Trouten in envelopes postmarked Veracruz, Mexico, on May 19,2000. Trouten s aunt, Chidester, received one of these fetters. She believed die address on the envelope was written by Trouten, but the return address was not. The fetter was typewritten and dated May 5, 2000. It discussed Trouten’s travels and was signed, “Love you, Suzette.” Chidester believed Trouten signed the fetter, but she was convinced Trouten did not draft it because the punctuation, style, and organization were not characteristic of Trouten’s writing. Trouten’s niece, her grandmother, and her father received similar fetters postmarked May 19 from Veracruz, Mexico.

Once again, unbeknownst to Trouten’s family, Robinson had made arrangements for several fetters to be mailed from Mexico in May 2000. Lidia Ponce lived in Veracruz, Mexico. Her son, Carlos Ibarra, was a maintenance employee at Santa Barbara Estates and did side jobs for Robinson. Ponce traveled to Olathe to visit her son at the beginning of May. Robinson asked Ibarra to have his mother mail several fetters from a resort when she returned to Mexico. Robinson gave Ibarra several pastel-colored envelopes, which Ibarra gave to his mother. Ponce returned to Mexico around May 10 and mailed the fetters from a hotel in Veracruz several days later after writing the sender’s initials on the envelopes as Robinson had instructed. At trial, Ponce examined the envelopes Trouten’s family had received and said they were consistent with the ones she had mailed from Veracruz and that the writing on the return address appeared to be her own.

When law enforcement officers searched Robinsons storage unit in Olathe, they found the contact list that Chidester helped Trouten create before moving to Kansas. This fist included the *31 mailing addresses and, for some, birthday information for Trouten’s family members. The officers also seized a clear plastic folder containing 42 envelopes preaddressed to members of Trouten’s family, along with 31 pieces of pastel-colored stationary with “Love you, Suzette” signed at the bottom. The officers also found over a dozen pastel-colored envelopes with enclosed greeting cards and envelopes inside a plastic Target sack. These envelopes were pread-dressed to members of Trouten’s family, with “S. Trouten” written in the return address and the individual’s birthday written in the upper-right comer where postage is typically placed. There were also several letters with generic greetings such as “Hi, dad” or “Hi, mom” handwritten at the top of stationary, along with a number of blank envelopes, stationary, and greeting cards.

This was not the first time Robinson had prepared or coordinated deceptive letter writing campaigns. In fall 1997, Robinson met Aleisia Cox through a personal ad she placed in a local magazine. Sometime in 1998, Robinson offered Cox a job traveling with him on business trips to London, Paris, and Australia. Before their scheduled departure, he directed Cox to write letters to her mother and daughter as though she had already arrived at each of these destinations, explaining there would not be time to write family during the trips. Cox complied, crafting letters to her mother and daughter that were written as though she were in Paris, London, and Australia. The trips never materialized, and police found Cox’s letters during the search of Robinson’s Olathe residence 2 years later.

Robinson’s concealment of Trouten’s disappearance was not limited to written correspondence. On February 25, 2000, Robinson sent Trouten an e-mail message requesting login and password information for all of her e-mail accounts. Trouten provided the information in a reply e-mail. Robinson also had e-mail addresses for a number of Trouten’s friends and family members.

On the morning of March 2, 2000, the day after Trouten’s disappearance, Remington received an e-mail from Trouten’s Hotmail account. The body of the message said Trouten and her dogs had left on “the adventure of a lifetime.” Remington responded a few minutes later, sharing that she had ended the relationship with *32 her former BDS&M “master.” Remington received a reply from Troutens Hotmail account, referring Remington to a new “master” at “emditemaster@email.com.” Remington contacted this new “master” and began communicating with a man she came to know as Jim Turner.

On March 24, 2000, an e-mail from Troutens Hotmail account was sent to several members of Trouten’s family, including her aunt, Chidester; her sister, Kim Padilla; her brother, Michael Trouten; and her fathers girlfriend. The message said Trouten had written to her mother, that she had left on her trip, that she would not have online access for some time, and that she would try to stay in touch when possible. Chidester was convinced Trouten did not write the e-mail because tire word choices, style, and format were inconsistent with Trouten’s writing. Chidester was also convinced Trouten would have called her, rather than sending an e-mail, before leaving on such a trip. When law enforcement officers searched Robinson’s Olathe storage unit several weeks later, they found the e-mail addresses for all four recipients attached to the contact list Trouten had prepared with Chidester before moving to Kansas.

On April 27, 2000, Robinson, posing as Jim Turner, discussed Trouten’s disappearance in an e-mail to Remington, claiming that Trouten had stolen his credit cards and that he had hired a private investigator to look into it. He also asked Remington for information on all of Trouten’s previous BDS&M partners. After consulting with law enforcement, Remington provided the requested information via e-mail. Law enforcement officers found a printed copy of this e-mail chain in Robinson’s possession during the search of his Olathe storage locker several weeks later.

Robinson used e-mail not only to conceal Trouten’s disappearance, but also to lure Trouten’s friends into new BDS&M relationships. In March 2000, Remington told Taylor she had been communicating with Jim Turner, who she initially believed to be a friend of Trouten’s employer, Robinson. Taylor jokingly told Remington to ask Jim Turner whether he had any single friends interested in a BDS&M relationship. Remington did just that, and Robinson, posing as Turner, said Taylor should contact “Tom” at “preipo@ usa.net.”

*33 Remington forwarded the name and e-mail address to Taylor, and Taylor sent “Tom” an e-mail discussing her interest in BDS&M. When law enforcement officers searched Robinson’s Olathe residence, they found a note with the “preipo@usa.net” e-mail address written on it. On March 17, 2000, Robinson, posing as Tom, responded to Taylor’s e-mail, describing himself as a “very aggressive and hard working businessman” and outlining his ground rules for a BDS&M relationship. Taylor and Robinson, posing as “Tom,” continued to communicate and discuss BDS&M topics via e-mail. Robinson also began calling Taylor. In one voicemail message, he told her he was changing his “preipo@usa.net” e-mail address to “bdsm@hotmail.com.” “Tom” told Taylor that she would be well taken care of if she were his slave.

On May 28, 2000, Robinson, posing as “Tom,” sent Taylor an email from his new “bdsm” Hotmail account, asking her to visit him in Kansas City. Unlike his earlier e-mails, “Tom” signed this e-mail as “MASTER”—the same way this name/title appeared in Robinson’s other e-mail communications, including Robinson’s February 25 e-mail to Trouten and Jim Turner’s April 27 e-mail to Remington.

Before committing to a visit, Taylor asked “Tom” for a reference from a past slave, and Robinson, still posing as “Tom,” told Taylor she could contact one of his former slaves at “slavedancer@ hotmail.com.” Taylor e-mailed “slavedancer” seeking information about “Tom” as a master. On May 31, Taylor received a response from the “slavedancer” account, in which “Tom” was referred to as “MASTER” throughout. When law enforcement officers searched Robinson’s Olathe residence 2 days later, they found a list of e-mail addresses and passwords, including “slavedancer@hotmail.com,” written on a sheet of legal paper. They also found e-mails confirming Robinson’s registration of the “slavedancer” name on several e-mail servers. Taylor received no further e-mail after Robinson’s arrest on June 2.

2 Izabela Lewicka

Izabela Lewicka was born in Poland on April 11, 1978. She *34 moved to West Lafayette, Indiana, with her family at the age of 11. She began studies at Purdue University in fall 1996. She was interested in tire arts and was an avid drawer and painter. According to friends, Lewicka also had a strong interest in several alternative lifestyles, including paganism, goth, and BDS&M.

In spring 1997, Lewicka told her friend, Jennifer Hayes, that an international book agent in Kansas City had offered her a job doing secretarial work and had commissioned her to illustrate BDS&M manuscripts. Lewicka said she planned to move to the Kansas City area to be with this older, married man, who had also agreed to train her to become a “dominant” in BDS&M relationships. Lewic-ka told Hayes he wanted her to call him “master” and to maintain strict confidentiality. Lewicka seemed concerned when she inadvertently told Hayes her master was named John.

While attending Purdue, Lewicka became friends with Dawn Carter and often used her computer to access the Internet. Lewic-ka told Carter she had a job opportunity in Kansas City illustrating and editing books. Lewicka said that a man named John, whom she had met online, had a job and apartment for her and that they had plans to travel. *

Lewicka told her parents she had a summer internship with a publishing company in Kansas City, and if it led to a job, she might stay longer, but she did not rule out the possibility of returning to Purdue for the fall 1997 semester. Lewicka said she would be living at 9280 Metcalf in Overland Park and could be reached by e-mail.

On June 8, 1997, Lewicka left for Kansas in her car filled with belongings. Lewicka’s friends believed she moved to Kansas both for BDS&M training and work.

Once in Kansas, Robinson helped Lewicka establish herself. They leased a private mailbox at Mailboxes, Etc., located at 9280 Metcalf in Overland Park—the same address Lewicka had given her parents. Both Lewicka and Robinson were authorized to access mail at the box. In October 1997, Robinson had his insurance agent write a 2-year auto policy on Lewicka’s vehicle, explaining she was an employee.

On November 14, Lewicka opened an account at Bank of America, where Robinson also held a business account for Specialty Publications.

*35 In February 1998, Robinson contacted Jennifer Boniedot, a property manager for the Deerfield Apartment Complex in Olathe. Robinson said he needed a corporate apartment for employees he would train before they were transferred to positions out of state. In the rental application, Robinson identified himself and Lewicka as the prospective occupants. He told Boniedot that he met Le-wicka at a graphics trade show, that she had been abused by her parents, and that he had adopted her. Robinson signed a 1-year rental agreement, from March 1,1998, to February 28,1999. Robinson paid rent with a Specialty Publications’ check, and Lewicka occupied the apartment through the term of the lease.

In Januaiy 1999, just before the Deerfield Apartment lease expired, Robinson contacted Julie Brown, a manager for A.J. Lang Property Management, to find an apartment. Robinson said he was in the publication business and needed a corporate apartment for female employees he trained from across the country. Robinson executed a lease for a different apartment in Olathe (Edgebrook Apartment) for a term beginning January 15, 1999, through January 31, 2000. Lewicka occupied the Edgebrook Apartment, and Robinson paid the rent.

While in Kansas, Lewicka worked for Specialty Publications, handling advertising graphics for Robinsons magazine. In 1998, Robinson told his publishing broker, Karen Scott, he had hired his adopted daughter, Lewicka, as a graphic designer. Lewicka told Pam Sadewhite, who owned a graphic arts company that did work for Robinson, that Robinson was her uncle, but Sadewhite saw them flirting and touching one another in a manner that suggested otherwise.

Lewicka often held herself out as Robinson s wife. Lewicka registered for an introductory drafting class at Johnson County Community College under the name Izabela Lewicka-Robinson and told her instructor that she was married to an older man. She also identified herself as Izabela Robinson to employees of several local businesses.

Though not married, Lewicka and Robinson did share a BDS&M sexual relationship, as evidenced by a BDS&M “slave” contract signed by Lewicka, along with numerous nude photographs depict *36 ing her in BDS&M poses, seized from Robinsons Olathe storage unit. Nancy Robinson learned of her husbands relationship with Lewicka in 1997. She believed the relationship was different from Robinson s other affairs. In die past, when Nancy had learned of an affair, Robinson had ended it immediately. This time, the relationship continued, and Nancy thought Robinson would leave her for Lewicka.

However, Lewicka disappeared sometime in late summer or fall 1999. Earlier that summer, Robinson convinced another paramour, Barbara Sandre, to move from Canada to Kansas. On Augiist 18, they executed a lease for an unfurnished duplex at Hunter’s Pointe, located on Grant Street in Overland Park (Grant Street Duplex). Sandre needed furnishings for the duplex, and Robinson agreed to provide them. On August 23, Robinson hired a moving company to deliver household items from Lewickas Edgebrook Apartment to Sandres Grant Street Duplex. Over the next 2 weeks, Robinson brought additional furnishings, including bedding and pillows, blankets, kitchen utensils, artwork, and hundreds of books. Many of these items were later identified as Lewickas property.

Robinson had also rekindled his relationship with Aleisha Cox earlier in 1999. Later that year, Cox was unemployed and did not have permanent housing, so Robinson invited her to stay at Lewic-ka’s Edgebrook Apartment. Cox testified the apartment was mostly vacant, but there were some boxes containing clothing and household items. Robinson told Cox the girl that had been living there quit her job and ran off with her boyfriend, leaving the clothes behind. Cox took some of tire clothing, which was later identified as Lewicka’s. Cox declined Robinsons offer to stay at the apartment.

In September 1999, with several months remaining on the lease, Robinson delivered Septembers rent for Lewickas Edgebrook Apartment and notified the property manager, Brown, that he had vacated the premises. Brown later inspected the unit and found it to be mostly unkempt but noticed the two bedrooms had been cleaned meticulously.

Law enforcement officers searched Lewicka s Edgebrook Apartment on October 12, 2000. Detective Sally Lane, a forensic chemist with the Johnson County Crime Lab (JOCO Lab), found hun *37 dreds of small, reddish-brown spots on the wall of one bedroom that presumptively tested positive for blood. The blood spots were roughly circular and less than 1 millimeter in diameter. The pattern of stains ran from floor to ceiling and approximately 4 to 5 feet in width, from the middle of the south wall all the way to the east wall, with the highest concentration at waist to chest level. Lane took swabs from a representative sampling of the spots and submitted them to the Kansas City, Missouri, Regional Crime Lab (KCMO Lab) for further analysis, where Detective Frank Booth, a DNA analysist, confirmed the genetic profile from the samples matched Lewicka’s DNA.

Other circumstantial evidence corroborated Lewickas disappearance in late summer or early fall 1999 and Robinson’s involvement. In September, Robinson called his publishing broker, Scott, looking for a new graphic designer. Robinson told Scott that Lewic-ka had been caught smoking marijuana and deported to Czechoslovakia. On September 1, a $500 check payable to Specialty Publications was drawn on Lewicka’s account, leaving an available balance of $1. On September 3, tire insurance policy Robinson placed on Lewickas vehicle lapsed because of nonpayment of premium.

After fall 1999, Lewicka was never seen at the local establishments she patronized. During her time in Kansas, she shopped at A. Friendly’s bookstore on 25 to 30 occasions. Lewicka stood out to the owner, Robert Meyers, because of her European accent and interest in books about witch trials, horror, vampires, and medicinal plants. Sometime before winter 1999, Lewicka came to A. Friendly’s with a man Meyers believed to be Robinson. Lewicka told Meyers she was moving and Robinson would be buying her books after her move. Lewicka shopped there one more time prior to winter 1999, and Meyers never saw her again.

As with other victims, family members received suspicious correspondence after Lewicka disappeared. Lewicka s father exchanged 25 to 30 e-mails with his daughter after she moved to Kansas. Le-wicka was spirited and fought with her parents for autonomy and control over her fife. When Lewicka responded to the e-mails, her tone was consistently abrasive and short, asking her father, “What the hell do you want [?[?] ” and telling him to leave her alone. How *38 ever, on April 14, 2000, Lewicka’s father received a different sort of e-mail from his daughters account. The message said she and another person had spent the last 2 weeks traveling the countryside in China. Unlike previous e-mails, the tone of this message was respectful and polite. The final series of e-mails Lewicka’s father received from his daughter’s account said she was traveling to overseas locations.

3. Lisa Stasi

Lisa Stasi, formerly Lisa Elledge, was 18 years old when she began dating Carl Stasi sometime after June 1983. Lisa married Carl in August 1984. She was pregnant at the time. On September 3, 1984, Lisa Stasi gave birth to her first child, Tiffany Lynn, at Truman Medical Center in Kansas City, Missouri. After Tiffany’s birth, Stasi’s marriage crumbled and Carl reenlisted in the Navy. He reported for duty at Great Lakes Naval Base, outside Chicago, Illinois, in early January 1985.

Around the time Stasi began dating Carl, Robinson was looking for a private adoption opportunity for his younger brother, Donald Robinson, and Donald’s wife, Helen, who lived in the Chicago area. At a family reunion in 1983, Donald and Helen told Robinson they were pursuing a private adoption. Robinson said he knew an adoption attorney, Doug Wood, and would handle the process for his younger brother. In fall 1984, Robinson told Donald and Helen a baby would be available in October. At Robinson’s direction, Donald sent him a $2,500 cashier’s check payable to Robinsons business, Equi II, allegedly to cover adoption-related fees. Robinson later said the birth mother had decided not to place the child for adoption.

In November 1984, Robinson contacted Karen Gaddis, a social worker at Truman Medical Center, and told her that he and several Johnson County businessmen had developed a program to provide housing, transportation, daycare, and job training for young mothers and their babies. Robinson said he needed referrals of Caucasian women because the program already had African-American participants and needed racial balance. Robinson was looking for a white woman in her teens or early 20s, who had a newborn child, *39 was struggling or disadvantaged, and had no family support or ties. In January 1985, Robinson told Gaddis another organization,Hope House, had referred a young lady to his program, and he had placed her at a motel in Kansas. Lisa Stasis aunt, Karen Moore, testified that she had contacted Hope House and took Stasi to the organization just before January 1,1985.

Family members last saw Stasi and Tiffany in early January 1985. Carl Stasis sister, Kathy Klingensmith, babysat Tiffany often. On January 8, Stasi dropped Tiffany off at Klingensmith’s home and told her she had met a man named John Osborne, who was going to help her get a job and finish her GED. Stasi said she might even get to travel as part of the job training program.

Stasi returned to Klingensmith’s home to pick up Tiffany on January 9. When she arrived, Stasi said John Osborne had paid for her to stay in a room at the Roadway Inn in Overland Park. At approximately 2 p.m., Stasi called the front desk at the Roadway Inn and gave the hotel receptionist Klingensmith’s phone number in case Osborne called. Osborne called Klingensmith’s number soon thereafter and got directions to her home. The weather was treacherous because of a strong snowstorm, but Osborne arrived at Klingensmiths home at approximately 3 p.m. Stasi and Tiffany went with Osborne, leaving Stasi’s car parked outside Klingen-smith’s home. Less than 1 hour later, Stasi called Klingensmith to tell her she had arrived safely at the motel. Klingensmith never saw or heard from Stasi or Tiffany again. Stasi never returned for her car. Klingensmith identified Robinson at trial as the man she knew as John Osborne.

Around 4:30 p.m., Stasi called her mother-in-law, Betty Stasi, in a panic, crying and hysterical. Stasi said “they” were claiming that Betty Stasi planned to take Tiffany away because Stasi was an unfit mother. Stasi’s mother-in-law told her not to believe what “they” were saying because it was not true. Stasi said “they” wanted her to sign four blank sheets of paper. Betty Stasi told her not to sign anything. Stasi said “here they come,” and she hung up.

Betty Stasi never spoke to or saw Stasi or Tiffany again. A few days later, Betty Stasi received a letter purportedly written by Stasi. *40 It was typewritten and signed “Lisa” at the bottom and said Stasi had left town to start a new life with Tiffany.

Nancy Robinson testified that in early January 1985, the day of tire terrible snowstorm, Robinson brought a baby to their home in Stanley. Robinson said that the baby’s name was Tiffany and that he received her through a private adoption for his brother. Robinson called Donald and Helen and told them a baby was available immediately. He said the birth mother had decided against adoption after delivery, but the family did not support her decision, so she left the baby at a shelter and committed suicide.

Donald and Helen flew to Kansas City on January 10. Robinson picked them up at the airport in the late afternoon and drove them to the offices of Equi II in Overland Park, where they signed legal paperwork, including a Petition for Adoption. After signing the documents, Donald gave Robinson a $3,000 cashiers check payable to Doug Wood, allegedly for further adoption expenses. Donald and Helen named the baby Heather Tiffany Robinson. They returned to Chicago, along with the baby, the following day.

That same morning, Klingensmith called the Roadway Inn and learned Stasi s room had been reserved under a name other than John Osborne. On January 11, Klingensmith filed a missing persons report with the Overland Park Police Department.

Robinsons name surfaced early in the investigation. On February 1, 1985, Overland Park detectives interviewed Robinson, who told them he was starting a charitable organization to provide young mothers job training, food, and housing. Robinson admitted he had placed Stasi at the Roadway Inn as part of that program. However, he said Stasi had recently come to his office to give him the motel key. Robinson said Stasi thanked him for the assistance and said she had made other arrangements. Robinson claimed that Stasi and Tiffany left with a young Caucasian male in an older model green car.

One week later, Robinson provided a similar stoiy to his Missouri Parole and Probation Officer, Steve Haymes. Robinson told Haymes he had placed Stasi at the Roadway Inn, but on January 10, she and Tiffany came to his business with a man named Rill and said they planned to start a new life together in Colorado.

*41 To corroborate this story, Robinson paid Cora Holmes $800 in exchange for her false statement to police. At Robinsons direction, Holmes told Overland Park detectives that she had recently babysat Tiffany and learned Stasi had left for Arkansas with a man named Bill Summers.

In July 1985, Donald and Helen received a package from Robinson containing final adoption paperwork, including a Petition for Adoption, Decree of Adoption, birth certificate, and other documents. The Petition appeared to be signed by attorney Douglas Wood, who had handled over 100 adoptions in his career. Wood testified that he did not prepare the document, that it deviated from his standard form, and that his signature had been forged. Wood confirmed that he had never represented Robinson or any member of his family in any adoption proceeding nor received payment from Robinson for such legal work.

The Decree appeared to contain the signature of attorney Ronald Wood, who had handled only three adoptions in his 23-year career. Ronald Wood testified that he never signed the Decree. He had represented Robinson in other matters, and Robinson had access to other examples of Wood’s signature. The Decree also appeared to be signed by Judge Michael H. Farley, but Judge Farley testified the decree was fraudulent and his signature had been forged.

Both the Petition and Decree appeared to be notarized by Evi Gresham, who had been in a BDS&M relationship with Robinson in the early to mid-1980s, but Gresham had never seen the documents, her name was misspelled, and she was never a notary public. Robinson had directed Gresham to sign numerous blank papers during their relationship. Neither the Petition nor the Decree was found in the district court clerk’s official records.

After Robinson’s arrest in 2000, Donald and Helen began to question the identity of Heather’s birth mother. Law enforcement compared Heather’s footprints to the known prints of Tiffany and found tire prints matched, i.e., Heather Tiffany Robinson was Tiffany, Stasi’s biological daughter.

*42

4. Beverly Bonner

Beverly Bonner lived in Cameron, Missouri, with her husband, Dr. William Bonner, and their two sons. In 1992 and 1993, Bonner worked as a prison librarian at the Western Missouri Correctional Center while Robinson was an inmate. William Bonner was a prison physician who treated Robinson and other inmates.

In November 1993, Bonner filed for divorce. Toward the end of their marriage, Bonner told her husband she was helping Robinson find property for a hydroponics project. Bonner also said she planned to take a job with a company in Chicago.

Bonner was not seen by her family after her final divorce proceeding in February 1994. Bonners brother, Louell Heath, invited Bonner to his September 1995 wedding, but she did not attend. Bonners oldest son died in October 1995, but she did not attend his funeral.

After Bonner’s disappearance, Robinson stole her alimony payments. In December 1993, Robinson, posing as Jim or James Turner, applied for a mailbox under Bonners name at The Mail Room in Olathe. The owner, Colleen Davis, identified Robinson at trial as the person she knew as Turner. Robinson executed a lease for Box 182 under Bonner’s name on January 1,1994. Robinson presented Bonner’s identification and told Davis he was collecting Bonner’s mail while she worked in Australia. Davis never met Bonner and only saw Robinson access the mailbox.

William Bonner paid his ex-wife $1,000 in monthly alimony for 18 months. He timely mailed each alimony payment to Bonner’s private mailbox in Olathe. Every alimony check was deposited into Robinson’s Hydro-Gro, Inc., business account at Community Bank of Raymore, an account opened on February 1, 1994, with James A. Turner and Beverly J..Bonner as the authorized signatories. Three latent prints lifted from the original alimony checks matched Robinson’s known prints.

Robinson attempted to conceal Bonner’s disappearance with fraudulent communications to her family. In January 1994, Bonner’s brother, Larry Heath, received a handwritten letter purportedly from Bonner that said she was stalling a new career with an international corporation in Chicago and that she would be travel *43 ing extensively, both domestically and abroad. A few months later, Larry Heath received a typewritten letter purportedly from Bonner, which was unusual because Bonner had always written letters by hand. The letter said Bonner was working for “Jim Redmond” in the human resources department of a large international corporation. Lariy Heath continued to receive similar typewritten letters every 3 to 4 months. Occasionally, he would respond, mailing correspondence to Bonners private mailbox. During tire same time period, Louell Heath received roughly half a dozen letters, which arrived in envelopes postmarked Australia, France, the Netherlands, and Kansas City, Missouri. The letters were typewritten, often discussed Bonners travel overseas, and were signed in what Bonners brothers believed to be her handwriting.

In early 1997 the letters ceased. Bonners family grew concerned and contacted authorities to report her disappearance. Detective Frank Booth examined nine of the envelopes mailed to Larry Heath. Eight of the envelopes had sufficient amylase to create a full DNA profile, and each profile matched Robinson s known DNA.

5. Sheila Faith and Debbie Faith

Sheila Faith married John Faith, and the couple had a baby girl named Debbie Lynn on October 17, 1978. Debbie was born with a number of birth defects, including cerebral palsy, which limited her ability to walk and control her bladder, forcing her to wear adult diapers later in life. Sheilas husband passed away in 1993, and Sheila moved with Debbie from California to Pueblo, Colorado, to be closer to her friend, Nancy Guerrero. Sheila and Debbie lived on Social Security and struggled financially.

According to Guerrero, Sheila was lonely and responded to personal ads in hopes of meeting a companion. On several occasions, Sheila talked to Guerrero about her interest in BDS&M but did not share details because Guerrero was uncomfortable with the subject. Sheilas sister also believed she was interested in BDS&M.

In spring 1994, Sheila told Guerrero she had met a man named “John” from Missouri. Sheila said “John” was a wealthy executive who promised to take her on a cruise and put Debbie in private school. Sheila told her sister, Cathy Norman, that she had met a *44 man with a good job, that they planned to travel together, and that he planned to buy Debbie a new wheelchair and accessible van. Norman said Sheba called him “Jim Turner” either in a letter or during their last telephone conversation.

Sheila told Guerrero that she and Debbie were going to visit John. They planned to be gone for about a month, spending a couple weeks with John in Missouri and tiren travehng to Texas to visit family. Guerrero expected Sheila to return within a few weeks because they had purchased tickets to the Colorado state fair, and Sheila planned to enter a cross-stitched angel into the fair competition. While Sheila packed, Guerrero noticed she did not take furniture, bedding, or other items one would need for an indefinite stay elsewhere.

Neither Guerrero nor Sheilas sisters saw or spoke to Sheila or Debbie again after they left Colorado to visit Robinson. Additionally, in 1995, Robinson gave one of his paramours, Sandra Shields, a cross-stitched angel as a gift. Guerrero identified the item as the piece Sheila Faith had made to enter into the state fair competition.

After Sheila and Debbie left, Sheilas sisters received letters purportedly written by Sheila. In December 1994, Norman received a typewritten letter purportedly from Sheila in an envelope postmarked Canada. The letter said Sheila had met a wonderful man named Jim. Norman was convinced the letter was a fraud because Sheila always wrote letters by hand and Sheila’s signature appeared to be forged. Norman received another letter the following December. Again, she was convinced Sheila did not write it because of the typewritten format and the nature of the signature. Sheilas other sister, Michelle Fox, also received a letter in an envelope postmarked outside the country. Fox immediately suspected it was fraudulent because of the typed format, style, and unusual signatures.

For years following their disappearance, Robinson stole Sheila’s and Debbie’s social security benefit payments. In June 1994, just months after setting up a private mailbox under Bonner’s name, Robinson, posing as James Turner, set up another private mailbox at the Mail Room—this time under the names Sheila and Debbie *45 Faith. The owner saw Robinson come to the mailbox at least once a month to collect two government checks mailed to Sheila and Debbie Faith.

While the Faiths were living in Colorado, the Social Security Administration (SSA) had mailed Sheila’s and Debbies benefit checks to a Pueblo, Colorado, address. For the first half of 1994, these checks were often deposited into an account held at Colorado National Bank. In June 1994, SSA received notice that Sheila’s and Debbie’s mailing address had changed to the private mailbox in Olathe. SSA began mailing benefit checks to this new address the following month.

From July 1994 to September 1995, the checks were deposited into Robinson’s Hydro-Gro, Inc., business account at Community Bank of Raymore—the same account Robinson used to deposit Bonner’s alimony checks. In fall 1995, Community Bank of Ray-more notified Robinson, a/k/a James Turner, that Social Security checks could not be deposited into a business account. Thereafter, Robinson deposited the checks into his Specialty Publications’ accounts at other financial institutions.

Robinson also employed fraud and deceit to ensure Debbie’s disability benefits would continue. In August 1994, SSA received a completed disability review form for Debbie, purportedly signed by Sheila Faith. Attached to the disability form was a medical report confirming Debbie’s ongoing physical impairment. The report appeared to be signed by Dr. William Bonner, but he testified that he had never treated Debbie Faith, had not prepared the report, and had never had an office at the address identified in the document.

On June 7, 2000, law enforcement searched box 215 at The Mail Room and seized envelopes containing the June 2000 SSA benefit checks for Sheila and Debbie Faith. Lyla Thompson, a deputy with the JOCO Lab, developed several latent fingerprints from the other SSA checks that matched Robinson’s known prints.

6. Vickie Neufeld

Vickie Neufeld lived in Texas. She lost her job as a geriatric therapist in March 2000, and her financial situation was dire. Neufeld *46 placed personal ads on BDS&M websites and began e-mailing Robinson. Neufeld and Robinson discussed a potential BDS&M relationship, and he sent her a slave contract to review.

On April 23, 2000, Robinson asked Neufeld to visit him in Kansas. Robinson said he was a wealthy businessman with a history of helping other professional women get established in the area. He promised to support her and said they possibly could pursue a relationship.

Robinson arranged for Neufeld to stay at Extended Stay America in Overland Park. She arrived on April 23, 2000. As Robinson had requested, she brought her own sex toys along for the trip. Robinson and Neufeld engaged in sexual activity at various times during her stay. On the morning of April 26, Robinson told Neufeld he was leaving for a business trip in Israel and wanted to discuss a plan for her to move to Kansas. Robinson said his business would pay movers to bring her belongings to Kansas that weekend. Robinson asked Neufeld to leave her sex toys with him, explaining it would give her extra incentive to return. Neufeld left behind her rattan-type canes and a mesh bag full of sex toys, which she valued at $700.

Neufeld returned to Texas, but the movers never arrived. On May 22, 2000, Neufeld asked Robinson to return her sex toys, but he did not comply. Neufeld filed a police report, and law enforcement found Neufeld s sex toys several days later during the search of Robinson’s Olathe storage locker.

The Investigation

On March 25, 2000, the Overland Park Police Department took a missing person’s report regarding Trouten and transferred it to the Lenexa Police Department, which had jurisdiction. Lenexa police created a multijurisdictional task force that quickly focused its investigation on Robinson’s activities. They employed numerous investigative techniques, including surveillance, trash hits, consent searches, pen registers, wiretaps, and search warrants, leading to Robinson’s arrest on June 2, 2000.

On March 29 and 30, 2000, Deputy Daniel Rundle, a forensic chemist with the JOCO Lab, searched Trouten’s room at the *47 Guesthouse Suites in Lenexa. Although Rundle found several small bloodstains in the room, he admitted the search produced nothing of evidentiary value.

On March 31, 2000, the Lenexa Police Department began searching trash left at the curbside for collection at Robinsons Olathe residence. On April 4, officers found an invoice for a package Robinson sent to Glines in California—the woman who mailed letters postmarked from San Jose, California, at Robinson’s request. On April 25, investigators used a Deffenbaugh trash truck with the company’s permission and collected three bags of Robinson’s trash. They recovered a telephone bill for service at Robinsons Linn County property, which documented a long-distance call placed from Robinson’s trailer on the morning of Trouten’s disappearance.

On May 22, 2000, law enforcement secured a court-ordered wiretap on Robinson’s cell phone. Law enforcement later intercepted a call from Robinson to Remington’s phone, which was answered by her minor son. During that call, Robinson identified himself as “Jim.” Later that afternoon, law enforcement intercepted another telephone call from Robinson, posing as Jim Turner, to Remington. During this call, he said Trouten had stolen his credit cards and withdrawn money from his accounts, and that his private investigator had learned Trouten was in Mexico. He also said Carolyn Trouten had called one of his friends, inquiring about her daughter’s whereabouts.

On die morning of June 2, 2000, law enforcement secured a warrant to search Robinson’s Olathe residence and his Olathe storage unit. Robinson was arrested that morning just before officers executed the search warrants.

During the search of Robinson’s residence, law enforcement officers seized a number of incriminating items, including books on creating false identities; a Home Depot credit card bearing the name “James A. Turner”; IRS Form 1099 statements for Sheila and Debbie Faith; Roadway Inn receipts with “Lisa Stasi” written on them, reflecting payment for lodging in January 1985; an IRS form signed by “Beverly J. Bonner”; documents identifying “James Turner” and “John Robinson” as affiliated with Equity Financial Group and Hydro-Gro, Inc.; papers and handwritten notes with *48 e-mail addresses associated with the victims and their families; and e-mail communications between Trouten and Robinson.

During the search of Robinson’s Olathe storage unit, law enforcement officers seized several items relevant to the disappearances of Trouten, Lewicka, and Sheila and Debbie Faith. First, several items were immediately identifiable as Trouten’s, including her Social Security card, Michigan driver’s license, birth certificate, high school diploma, Sam’s Club membership card, American Red Cross certification card, passport application, and prescription medication. Law enforcement officers also found numerous personal items that family members identified as Trouten’s property, including her jeweliy boxes, jewelry, collectible items, nursing textbooks, and a journal with the name “Suzette” inside. A number of items also evidenced Trouten’s RDS&M relationship with Robinson, including a slave contract, a sex tape, nude photographs, and e-mails.

Several items were also immediately identifiable as Lewicka’s, including her Polish passport, Kansas driver’s license, Social Security card, resident alien card, Olathe Public Library card, high school diploma, Indiana vehicle registration, and a document appointing Robinson as her power of attorney. Law enforcement officers also found several personal items that family members later identified as Lewicka’s.

Additionally, law enforcement officers seized 1998 IRS Form 1099 statements for Sheila and Debbie Faith, along with photocopies of their SSA benefit checks for September 1997. Finally, police found a slave contract Neufeld had signed, along with her sex toys.

On the morning of June 3, 2000, law enforcement officers secured a warrant from Johnson County District Judge Larry McClain to search Robinson’s Linn County property. The search began that morning and continued for roughly 1 full week.

Around 1 p.m. on June 3, Johnson County Sheriff’s Detective Herald Hughes learned a cadaver dog alerted on two yellow, metal barrels on the property. The barrels were located out in the open, just to the south of a wooden shed located several yards to the southwest of the trailer on the property. Hughes opened the barrels and confirmed each contained the remains of a human body.

*49 The barrels were transported to the Shawnee County morgue, where Shawnee County Deputy Coroner Donald Pojman conducted autopsies on June 4. The body removed from the first barrel was that of Trouten. It was mildly decomposed, unclothed, and lying in a fetal position inside the barrel. There was a soft, nylon rope tied around the head with a piece of cloth underneath covering the nose and mouth, which Pojman believed to be a blindfold that had slipped below tire eyes. There were two visible injuries: a tear to the skin near the left armpit inflicted postmortem and an oval-shaped defect on tire left side of the head, which Pojman believed to be lethal. Pojman concluded the cause of death was a blow to the left side of the head with a hard object. Forensic odontologist Daniel Winter confirmed Trouten s identity with her known dental records.

Pojman then conducted tire autopsy of the body in the second barrel, later identified as Lewicka. The body was moderately decomposed, lying in a fetal position, partially covered with a pillow, and clothed with a short-sleeve nightshirt. Inside the barrel, Poj-man saw three pieces of gray or silver duct tape. He observed two blunt-force injuries to the skull, either of which could have been lethal. He noted the injuries were similar to Trouteris. Winter confirmed Lewickas identity with her known dental records.

Back in Linn County, deputies from the JOCO Lab discovered a variety of incriminating trace evidence inside Robinson s trailer. First, Deputy Allen Hamm found a paper towel inside the kitchen sink with a reddish-brown stain that presumptively tested positive for blood. Detective Booth, KCMO Lab, determined the genetic profile from the blood on the paper towel matched Troutens DNA profile. Booth testified that this genetic profile occurs in only 1 in 6 billion people.

Booth also found eight hair strands on the paper towel. Booth compared them to known samples from Trouten and Robinson and opined that they were common to Trouten and not Robinson. Booth admitted that, unlike DNA testing, comparative hair analysis cannot yield a positive identification. However, he explained the methodology is still useful in excluding individuals or includ *50 ing them among a group of people that share similar hair characteristics. Additionally, Rooth obtained a root from one of the hair samples and successfully acquired a genetic profile that produced a match to Trouten.

Hamm found reddish-brown stains on wallboard in the kitchen that presumptively tested positive for blood. Booth confirmed that the genetic profile from the wallboard stains matched Trouten’s DNA. Booth also found two hairs in the samples, both of which were common to Trouten and not Robinson. Hamm also collected swabs of a stain on a long piece of trim board in the kitchen area of the trailer. Booth found two hairs and two fragments in these swabs that were common to Trouten and not Robinson.

Johnson County Sheriffs Deputy Andrew Guzman found a roll of duct tape inside a green plastic trash container in the south bedroom. The tape appeared to be similar to the strands of duct tape found inside the barrel containing Lewickas body. Investigators saw a reddish-brown stain on the roll of duct tape, and Booth’s subsequent testing confirmed the genetic profile produced a match to Lewickas DNA. Deputy Thompson lifted one latent print from the roll of duct tape that did not match Robinsons known prints. Thompson compared the print to several crime scene investigators’ known prints but found no match. Due to the state of decomposition of Lewicka s body, Thompson was unable to compare the print to Lewicka’s. Thompson saw what appeared to be another partial print with some ridge detail on the roll of duct tape, but it was too incomplete to be of value.

In addition to trace evidence, law enforcement officers seized a number of Trouten’s belongings from inside Robinson’s trailer. In the living room area, Guzman found a box with an “EZ Set” label on it and a box with a “Big Boy” label on it that contained glassware, oil lamps, figurines, and other collectable items. Carolyn Trouten confirmed that many of these items belonged to Suzette Trouten. Thompson developed a number of latent prints from items in the EZ Set box that matched Robinson’s known prints.

On June 5,2000, law enforcement officers executed a warrant to search a Raymore, Missouri, storage unit, rented by Robinson. In December 1993, Robinson had rented unit F-10 at Stor-Mor For *51 Less in Raymore. He leased the unit under Beverly Bonners name, claiming that Bonner was his sister and that he was storing her belongings while she worked in Australia. The leasing agent recalled Robinson saying Bonner worked for an agricultural company with “Hydro” in its name. Robinson leased this unit through the summer of 1996. In January 1994, Robinson leased a second unit, E-2, under Bonners name and maintained that lease through the date of his arrest.

Law enforcement officers began searching unit E-2, and within 10 minutes, they smelled a foul odor that they associated with a decomposing body.

In the back of the locker, officers saw three barrels. The first was black and sealed with a gray lid. They opened the top and discovered a body inside. The two other barrels were located in front of the black barrel. They were covered with a large plastic sheet, and cat fitter had been sprinkled around the outside of the barrels inside the plastic. Some of the fitter appeared to have absorbed a dark fluid. The barrels were wrapped together with two additional pieces of plastic sheeting held up with pieces of duct tape. Thompson examined the plastic sheeting and duct tape and developed four latent prints of value. Three of the latent prints matched Robinsons known prints, and one was not identified. The officers did not open the second and third barrels but suspected they too contained human remains.

All three barrels were transported to the Jackson County Medical Examiner Thomas Young. Young conducted an autopsy on the body inside the first barrel, later identified as Beverly J. Bonner. The body was curled up inside the barrel and fully dressed for cold weather. Young believed the body had been stored for a long period of time because most external features were blurred and the internal organs were hard to distinguish. The body had substantial trauma to the head caused by multiple blows from a blunt object with a rounded surface, consistent with a hammer. Young opined that any number of these blows could have resulted in death. On June 7, 2000, forensic odontologist Ronald Grier confirmed the victim was Bonner.

Next, Young conducted an autopsy on the body contained one of *52 the two barrels wrapped in plastic, later identified as Sheila Faith. The body was an adult female, fully clothed. Young believed the state of decomposition was consistent with the death having occurred 5 to 6 years prior but admitted no precise date of death could be determined. The body had multiple injuries to the head caused by blunt-force trauma consistent with infliction by a hammer. Young opined that any number of these blows could have been fatal. Young also observed a fracture of the right forearm, specifically the right ulna, which he testified to be consistent with a defensive wound. Grier confirmed the victim was Sheila Faith.

Finally, Young conducted the autopsy on the body found inside the third barrel, later identified as Debbie Faith. The body was fully clothed, and the subject was wearing an adult disposable diaper. Young believed the victim was a teenager because x-rays revealed that several growth discs had not closed. Again, Young testified that the state of decomposition was consistent with the death having occurred 5 to 6 years prior but admitted no precise date could be determined. The victim had sustained at least three blows to the head, each of which could have been fatal, inflicted by a blunt object with a rounded surface, consistent with a hammer. Using known dental x-rays, Young opined the victim was Debbie Faith.

Lisa Stasis body has never been found.

On June 9, law enforcement officers searched the Grant Street Duplex with Sandre s consent. They seized a number of items belonging to Lewicka, including two sets of bedding, an antique Polish coffee grinder, a Hungarian espressp machine, and a black journal with handwriting and sketches. Investigators noticed one of the sets of bedding matched the pattern on the pillowcase found inside the barrel containing Lewickas body. The bedding also matched the pattern depicted in nude photographs of Lewicka found in Robinsons Olathe storage unit.

Hanging on the wall of the duplex was a framed oil painting with the signature “John ‘92” and the initials “JR” at the top. There were also two pencil drawings displayed in the spare bedroom signed “John 2000” and the initials “JR” underneath. Lewicka’s friend Carter, who had cataloged Lewickas artwork and was familiar with her paintings and drawings, recognized the framed painting as Le- *53 wicka’s artwork. Lewickas friend Hayes also identified the pencil drawings as Lewickas work.

Law enforcement officers seized several books purchased from A. Friendlys, where Lewicka was a frequent patron. The owner, Meyers, specifically recalled selling two of the books to Lewicka.

The Trial

On June 2, 2000, the State filed its Complaint against Robinson, charging him with two counts of aggravated sexual battery and one count of theft. The State amended its Complaint on June 13, adding one count of aggravated kidnapping and two counts of capital murder. The State filed its Second Amended Complaint on July 28, adding one charge of premeditated first-degree murder and one charge of aggravated interference with parental custody. On August 31, 2000, the State filed its Third Amended Complaint, supplementing allegations in the existing counts.

At preliminary hearing, the State put on evidence supporting the eight counts in the Third Amended Complaint. District Judge John Anderson III found probable cause lacking and dismissed Count IV, aggravated sexual batteiy of J.M. Judge Anderson renumbered the remaining seven counts, which were tried to the juiy.

Jury selection began on September 16, 2002. Judge Anderson empanelled the jury on October 4, and trial commenced on October 7. At the close of the State s evidence, Judge Anderson granted defendants motion for directed verdict on Count IV, aggravated sexual battery of Vicki Neufeld. On October 25, 2002, the defense rested. That same day, the State filed a Fourth Amended Complaint charging Robinson only with the counts from the Third Amended Complaint that survived Robinson s motion for directed verdict.

The following six counts were submitted to the jury on October 28, 2002: Count I, aggravated kidnapping of Suzette Trouten; Count II, capital murder of Suzette Trouten; Count III, capital murder of Izabela Lewicka; Count IV, felony theft of Vicki Neufeld s property; Count V, premeditated first-degree murder of Lisa Stasi; and Count VI, aggravated interference with Lisa Stasi s parental custody. On October 29, 2002, the jury returned a unanimous verdict convicting Robinson on all counts.

*54 Pretrial and Guilt Phase Issues

1. Venue

Robinson argues pretrial publicity was so pervasive and prejudicial in Johnson County that it resulted in actual prejudice to his right to trial by a fair and impartial jury in violation of his rights under the Sixth and Fourteenth Amendments to the United States Constitution. He also claims Judge Anderson abused his discretion by refusing to transfer venue to another county pursuant to K.S.A. 22-2616(1).

Additional Factual and Procedural Background

1. First Motion for Venue Change

Robinson first moved for a change of venue on January 17,2002. At the Januaiy 30, 2002, evidentiary hearing, defendant presented testimony from venue experts, along with the results of a venue study prepared by Lisa Dahl of Litigation Consultants, Inc.

The study was based on three telephone surveys: one of 400 Johnson County residents, one of 200 Harvey County residents, and one of 200 Ellis County residents. Dahl selected Johnson County, which had a population of 464,083 at the time, because it was the venue of origin. She selected Harvey County, which had a population of 35,737, as one of the control groups because its county seat, Newton, was a bedroom community to Wichita, much like Olathe was a bedroom community to Kansas City. She selected Ellis County, which had a population of 28,731, as another control group because it was geographically removed from the venue of origin and other metropolitan areas, yet its demographic makeup and crime rates were comparable to Johnson County. Dahl testified the number of respondents in each county was statistically sufficient to extrapolate results to the general population within a 5 percent margin of error in Johnson County and 7 to 8 percent margin in the control counties.

The surveys’ results showed 94 percent of the respondents in Johnson County were aware of this case, compared to 80 percent in Harvey County and 64 percent in Ellis County. Further, 67 percent of those surveyed in Johnson County held an overall opinion *55 that the defendant was “definitely guilty” or “probably guilty.” In contrast, 50.5 percent of the Harvey County respondents and 35.5 percent of the Ellis County respondents held similar opinions. As to respondents’ views of the strength of the evidence of defendants guilt, 72.3 percent of the Johnson County respondents believed it to be “overwhelming” or “strong.” Half of the respondents in Harvey County and only 35.5 percent of respondents in Ellis County believed likewise. Also, 68 percent of Johnson County respondents had knowledge of case facts beyond those presented in the survey, compared to only 23 percent in Harvey County and 27.3 percent in Ellis County.

Dahl testified that the surveys’ results were generally statistically significant. However, in the three counties surveyed, there was no statistically refiable difference in sentencing opinions among respondents who recalled the case.

Dahl admitted she was not interested in exploring whether respondents could set aside preconceived opinions and serve as impartial jurors. In fact, none of the 38 questions in the surveys explored respondents’ ability to assess the case impartially.

Robinson also called Ronald Dillehay, a professor of psychology at the University of Nevada-Reno with expertise in the design and analysis of venue studies and jury selection procedures. Dillehay testified that tire design of Dahl’s venue surveys was scientifically valid and conformed to generally accepted practices in the field. Dillehay also testified that the absence of questions exploring respondents’ ability to serve as impartial jurors did not invalidate the venue study. In support, he cited studies in the fields of psychology and social science that suggest humans struggle to set aside preconceived opinions but will confirm their ability to do so when asked. Thus, Dillehay said such questions produce a lack of response variance sought in reliable questionnaires.

Dillehay acknowledged-the survey data showed a very high level of awareness and prejudgment of the case in Johnson County and then discussed possible options to counteract such prejudice, including: (1) change of venue; (2) importing jurors from outside Johnson County; (3) delay; (4) enhanced voir dire; (5) additional peremptory challenges; and (6) judicial instructions.

*56 Dillehay believed delay and judicial instructions would be ineffective due to the high levels of awareness and prejudgment. As to the option of enhanced voir dire, Dillehay explained that the court could overcome juror minimization, which he described as a tendency on the part of jurors during voir dire to downplay what they learned from the media coverage and the impact it had on their prejudgment and/or impartiality, by allowing attorneys to ask prospective jurors extensive, probing voir dire questions. Dille-hay explained that enhanced voir dire would require participation of attorneys, lots of questions, and small groups consisting of no more than four to six people, facilitating an environment where prospective jurors would be forthcoming. While effective, Dillehay believed enhanced voir dire would be too onerous from a logistical or administrative perspective, describing it as “very laborious and very time-consuming.”

On the second day of the evidentiary hearing, continued to March 6,2002, the defense played 2 hours of televised news coverage of the case broadcast within the first 2 weeks of the discovery of bodies on Robinson’s Linn County property in June 2000. In the motion, defendant had also submitted articles about the case published by tire Kansas City Star from June 6, 2000, to July 27, 2001. During this time period, the Kansas City Star published 72 stories. More than half of them were published in the same month the story broke. Coverage gradually dissipated and was nearly nonexistent at the end of 2000 and early 2001. Thereafter, the majority of the coverage shifted from reports about Robinson and the crimes to trial coverage.

Judge Anderson denied the motion in a March 12, 2002, order, explaining:

“Despite the extraordinary amount of attention this case has received from the public and in the press thus far, the Court is not convinced that the defendant cannot obtain a fair trial. Johnson County is a large county with a sophisticated pool of potential jurors. The Court is confident -that appropriate voir dire and jury selection methods will result in a fair and impartial jury that will decide the case on the evidence presented in court and on its merits. The presumption of innocence and the right to a fair trial are of the utmost importance to the rule of law in this country. The system simply does not function without it. If it becomes apparent during voir dire that an impartial jury cannot be found, the Court will not be reluctant to order a change of venue.”

*57

2. Renewed Motion for Venue Change after Voir Dire

On October 3, 2002, after completing voir dire, Robinson filed “Defendants Renewed Motion for Change of Venue, or, in the Alternative, to Discharge the Jury Panel,” arguing that voir dire had proven inadequate to overcome community bias.

At the outset of jury selection, roughly 1,200 Johnson County residents were issued summonses and ordered to appear in four groups of 300, but the district judge later released the final two panels. Veniremembers completed a juror questionnaire (questionnaire) prepared by the parties, eliciting their views on pretrial publicity, the death penalty, and other case-specific facts and issues.

With the agreement of the parties, the trial court conducted juiy selection in four phases. In the first phase, Judge Anderson called prospective jurors in groups of 60 to explore and rule on hardship challenges.

In the second phase, Judge Anderson assigned jurors to six-member panels to conduct small group voir dire on pretrial publicity and death penalty topics. After the parties completed voir dire of each panel, the district judge ruled on challenges for cause. From September 18 to October 1, 2002, the parties examined 43 panels made up of259 veniremembers. Nearly all had some knowledge of the case. Judge Anderson passed only 83 of the 259 panelists to the third phase of juiy selection.

A majority of these disqualified panelists, 167 of 259 (64 percent), were excused for cause based on preconceived opinions of the case, firm death penalty opinions (both for and against), or both. Specifically, 74 of the 259 panelists (28.5 percent) were excused based solely on firm opinions due to exposure to pretrial publicity, 72 panelists (27.7 percent) were excused based solely on firm opinions regarding the death penalty, and 21 additional panelists (8.1 percent) were excused on both pretrial publicity and death penalty grounds. In total, 95 of the 259 panelists were excused, in whole or part, due to bias related to pretrial publicity and 93 panelists were excused, in whole or part, based on their disqualifying death penalty opinions. Judge Anderson liberally excused panelists holding preconceived opinions, granting 92 of the 100 challenges defendant asserted on this basis.

*58 Nine of the 259 panelists (3.4 percent) were excused because of previously undisclosed hardships or grounds unrelated to pretrial publicity or the death penalty.

Of the 83 panelists passed to general voir dire, 52 were passed without any challenge for cause asserted by either party. The 31 other panelists were passed over the objection of one of the parties—4 from the State and 27 from defendant. However, Robinson challenged 19 of these 27 based on death penalty views and 8 on grounds related to bias arising from exposure to media coverage.

During general voir dire, Judge Anderson passed 65 of the 83 panelists, excusing 18 on grounds unrelated to pretrial publicity. However, the district judge needed only 51 panelists to seat a jury of 12 with 5 alternates. The parties agreed to release the 14 jurors with the highest assigned juror numbers. Juror 440, whom Robinson had previously challenged unsuccessfully on pretrial publicity grounds, was 1 of the 14 panelists released. This left only 7 prospective jurors on the final panel that defendant had challenged unsuccessfully on grounds of bias arising from exposure to pretrial publicity.

In the final phase of juiy selection, the parties exercised peremptory challenges. Among those jurors seated, 11 of 12 were passed by the parties without any objection based on preconceived opinions of guilt, and all jurors confirmed their ability to serve impartially. Defendant had challenged only one of the seated jurors, Juror 39, on grounds of bias related to pretrial publicity. Eight of the 12 jurors were passed for cause without challenge from either party (Jurors 87, 92,131,147, 214, 246, 302, and 309).

At the start of the eighth day of trial, Juror 214 was excused because of an emergency medical hardship in her family and was replaced by Alternate Juror 340. The parties had passed Juror 340 without challenge.

While every seated juror was familiar with tire case, most had limited exposure to the media’s coverage. All but two members of the jury characterized their exposure to pretrial publicity as minimal, passing, or light; and several members said they saw coverage when the story first broke 2 years earlier and their recollection of the reported facts had diminished over time.

*59 After hearing argument on tire renewed motion for venue change on October 4,2002, the trial judge denied the motion, finding the jury selection process had yielded a fair and impartial jury.

3. Second Renewed Motion for Venue Change

On October 7, 2002, just before opening statements, defendant renewed his motion to change venue for a second time. Defense counsel explained that earlier that morning, he entered Judge Anderson’s chambers and noticed a copy of that morning’s Olathe Daily News sitting in the reception area. The front page of the newspaper contained Robinson’s photograph, and the newspaper’s banner headline read “Robinson to face his jury” and the subheading read “Defense says trial should be moved.” Defense counsel explained that when he emerged from chambers, the jury walked past him, coming within 2 feet of the paper, which was face up on the reception counter. The defense believed jurors could have seen the headlines, warranting a venue change.

The trial court denied the second renewed motion for venue change, finding that he had “no idea” whether any jurors saw the newspaper, but even if they did, there was no prejudice in light of the content and given the media’s extensive reporting on defendant’s motion to change venue earlier that spring.

4. Third Renewed Motion for Venue Change

Defendant renewed his motion to change venue for a third time on October 9, 2002, explaining that a local radio personality had been giving away T-shirts outside the courthouse as a publicity stunt Siat morning. The front of the T-shirts read “Roll Out the Barrels! Of Evidence,” and the back read “John E. Robinson Trial 2002.”

Judge Anderson found that none of the jurors were exposed to Sie publicity stunt or T-shirts because of safeguards the court had taken, including bringing jurors into the courthouse through a secluded entry away from the incident. Judge Anderson denied the motion, concluding the incident did not affect jurors “in any way, shape or form.”

*60

Legal Framework and Standard of Review

Robinson argues the district judge’s denial of his change of venue motions violated his constitutional right to an impartial juiy.

The Sixth Amendment guarantees an accused “[i]n all criminal prosecutions” the right to a trial by “an impartial jury.” U.S. Const, amend VI. This protection is incorporated into and made applicable to the States through the due process provision of the Fourteenth Amendment. Duncan v. Louisiana, 391 U.S. 145, 153-58 , 88 S. Ct. 1444 , 20 L. Ed. 2d 491 (1968).

A constitution-based claim for venue change can arise under a theory of presumed or actual Sixth Amendment prejudice. State v. Longoria, 301 Kan. 489, 506 , 343 P.3d 1128 (2015). “‘[A]ctual prejudice,’ occurs where the effect of pretrial publicity manifested at jury selection is so substantial as to taint the entire jury pool.’” State v. Carr, 300 Kan. 1, 57 , 331 P.3d 544 (2014) (quoting Goss v. Nelson, 439 F.3d 621, 628-29 [10th Cir. 2006]), cert. granted in part 135 S. Ct. 1698 (2015). “In cases of actual prejudice, “the voir dire testimony and the record of publicity [must] reveal the kind of wave of public passion that would have made a fair trial unlikely by the jury that was impaneled as a whole.” [Citations omitted.]”’ 300 Kan. at 57 .

“Jury selection is a task ‘particularly within the province of the trial judge.’” Carr, 300 Kan. at 75 (quoting Ristaino v. Ross, 424 U.S. 589, 594-95 , 96 S. Ct. 1017 , 47 L. Ed. 2d 258 [1976]). A district judge’s ruling on juror impartiality “is entitled to special deference.” 300 Kan. at 75 . Accordingly, we review claims of actual prejudice under the abuse of discretion standard. 300 Kan. at 75 . “An abuse of discretion can occur in one of three ways—when the trial court makes an error of law; bases its decision on facts not supported by the evidence; or makes an arbitrary, fanciful, or unreasonable decision.” Longoria, 301 Kan. at 509 .

Defendant also challenges Judge Anderson’s rulings under the Kansas change of venue statute, K.S.A. 22-2616(1). As with claims of actual prejudice, we review the trial court’s ruling under the statute for abuse of discretion. Longoria, 301 Kan. at 509 .

*61

Actual Prejudice

Robinson advances five arguments in support of his actual prejudice challenge, arguing that the trial court abused its discretion by: (1) failing to acknowledge uncontroverted social science evidence that individuals cannot set aside preconceived opinions; (2) applying K.S.A. 22-2616 contrary to the Sixth Amendment; (3) finding voir dire eliminated those with bias; (4) failing to acknowledge the media’s interference with proceedings; and (5) failing to acknowledge jurors’ failure to abide by admonitions.

1. Did the trial court’s findings ignore social science research?

Robinson argues the district judge erroneously denied the venue change motion in fight of uncontroverted expert witness testimony describing social science studies that suggest people struggle to genuinely set aside preconceived beliefs. Given this testimony, Robinson believes Judge Anderson’s finding that voir dire could overcome community bias is unsupported by record evidence.

There are several problems with Robinson’s argument. First, it fails to place the expert witness’ testimony in its proper context. During the evidentiary hearing, the defense asked its expert witness, Dillehay, whether Dahl’s venue questionnaire was valid even though it failed to explore respondents’ ability to set aside their opinions of the case. Dillehay opined that such questions were properly excluded from the surveys because they do not produce reliable survey data. In support of this opinion, Dillehay identified several studies suggesting humans’ struggle to genuinely set aside preconceived beliefs yet will attest to their ability to do so. Dille-hay did not attempt to extrapolate these findings as support for the broader proposition that Robinson advances here—that anyone who forms an opinion of the case is thereafter unalterably tainted and rendered unqualified to serve as a juror. In fact, the Supreme Court has observed that empirical studies support the opposite conclusion. Gentile v. State Bar of Nevada, 501 U.S. 1030, 1054-55 , 111 S. Ct. 2720 , 115 L. Ed. 2d 888 (1991) (“Empirical research suggests that in the few instances when jurors have been exposed to extensive and prejudicial publicity, they are able to disregard it and base their verdict upon the evidence presented in court.”).

*62 More importantly, Dillehay later testified that this phenomenon, which he called “juror minimization,” could be overcome by employing enhanced voir dire techniques. Dillehay opined that enhanced voir dire would facilitate open, genuine responses from veniremembers, enabling the district judge to identify and remove those rendered unqualified to serve due to preconceived opinions of guilt. This testimony provides record support for Judge Anderson’s finding that “appropriate voir dire and jury selection methods will result in a fair and impartial jury.” For these reasons, the ruling is supported by substantial, competent evidence and does not constitute an abuse of discretion. See State v. McCullough, 293 Kan. 970, 980-81 , 270 P.3d 1142 (2012) (trial court abuses discretion where substantial competent evidence does not support a finding upon which a legal conclusion rests).

2. Did the trial court apply an incorrect legal standard?

Robinson next argues the trial court applied an “impossibility of fair trial” standard under K.S.A. 22-2616(1) rather than the Sixth Amendment “reasonable likelihood” of an unfair trial standard embraced by the Supreme Court. See Sheppard v. Maxwell, 384 U.S. 333, 363 , 86 S. Ct. 1507 , 16 L. Ed. 2d 600 (1966) (“But where there is a reasonable likelihood that prejudicial news prior to trial will prevent a fair trial, the judge should . . . transfer it to another county not so permeated with publicity”).

Robinson relies on language from the trial courts order denying the first venue change motion, which concluded that “[d] espite the extraordinary amount of attention this case has received from the public and in the press thus far, the Court is not convinced that the defendant cannot obtain a fair trial.” (Emphasis added.) Robinson believes the use of the term “cannot” proves the district judge employed an “impossibility” standard to defendants venue change motion.

However, this language merely tracks the venue change statute itself, which compels the court to transfer venue where prejudice against defendant is so great that he or she “cannot obtain a fair and impartial trial in that county.” (Emphasis added.) K.S.A. 22-2616(1).

*63 We- disposed of a substantively similar challenge in Carr , where defendant argued Kansas’ venue change statute improperly elevated the standard of proof from “reasonable likelihood” of an unfair trial to an “absolute certainty” of an unfair trial by compelling a venue change only when defendant cannot obtain a fair trial. 300 Kan. at 80 . However, we observed in Carr that Kansas courts consistently apply a “reasonable certainty” standard of proof (i.e., “ ‘reasonable certainty’ that the defendant cannot obtain a fair trial in the ordinary venue”) to challenges under Kansas’ venue change statute and found this standard to be wholly consistent with the Supreme Court’s “reasonable likelihood” standard. 300 Kan. at 80-81 . Carr disposes of Robinson’s challenge because it is founded on Judge Anderson’s reference to the same statutory language at issue there.

Defendant also contends Judge Anderson’s order is erroneous because it fails to address tire constitutionally based venue challenge apart from his statutory challenge. However, the trial courts memorandum decision addressed the motion to change venue under “K.S.A. 22-2616, § 10 of the Kansas Constitution’s Bill of Rights, and the Sixth and Fourteenth Amendments to the United States Constitution.” While the order does not make separate findings between the statutory and constitutionally based theories in the motion, “defendant ] never sought a more complete recitation or writing to explain Judge [Anderson’s] venue rulings; and, if [he] thought the findings were insufficient for appellate review, [he] had an obligation to do so.” Carr, 300 Kan. at 65 . Robinson’s failure to do so forecloses his challenge. See Longoria, 301 Kan. at 506 (Where defendant fails to “object to the adequacy of the trial court’s factual findings, we assume that the trial court made the findings necessary to deny the change of venue.”).

3. Did voir dire prove ineffective to overcome prejudice?

In his third actual prejudice argument, Robinson claims the trial court erred by failing to recognize that jury selection only confirmed die need to change venue. This challenge goes to the heart of the question of actual Sixth Amendment prejudice.

*64 “When faced with a claim of actual prejudice, a trial court must ‘review the media coverage and the substance of the jurors’ statements at voir dire to determine whether a community-wide sentiment exists against the defendant. Negative media coverage by itself is insufficient to establish actual prejudice.’ ” Longoria, 301 Kan. at 508 (quoting Carr, 300 Kan. 1 , Syl. ¶ 6).

In reviewing a claim of actual prejudice, we examine ‘““whether the judge had a reasonable basis for concluding that the jurors selected could be impartial.””’ Carr, 300 Kan. at 74-75 .

Robinson first argues the character and composition of the jury panel, as well as the members of his jury, demonstrate actual prejudice. To the contrary, Judge Anderson’s jury selection procedures proved to be successful in identifying bias and removing those ve-niremembers adversely affected by pretrial publicity.

During tire second phase of jury selection, the district judge, consistent with the recommendation of Robinson’s expert, Dille-hay, assigned veniremembers to small group panels consisting of six members and allowed counsel for the parties to question them extensively on pretrial publicity and death penalty topics. Through this process, Judge Anderson excused 95 of the 259 panelists, roughly 37 percent, in whole or in part, because of firm opinions of guilt arising from exposure to pretrial publicity. Of the 83 panelists passed to the third phase of jury selection, general voir dire, Robinson had challenged only 8 unsuccessfully on grounds related to pretrial publicity or preconceived opinions of guilt.

Robinson argues 52 of the 83 panelists (nearly 63 percent) passed to the third phase were biased. However, this calculation includes jurors who merely expressed a belief in capital punishment, even if they had not formed opinions about the case as a result of exposure to pretrial publicity. Robinson’s selection criteria were also overly broad, including jurors who expressed a belief or a “leaning” toward the belief that Robinson was guilty or made statements Robinson believed to be “suggestive of such a belief’ either during voir dire or merely in their questionnaire responses. Robinson claims 28 of the 83 panelists held opinions of guilt (either exclusively or in addition to views in support of capital punishment). Yet, he challenged only 8 of the 83 panelists on such grounds. The discrepancy between Robinson’s calculation and his actual challenges for cause highlights the unreliability of defendant’s calculations.

*65 Moreover, the members of defendants jury were well qualified. The jury consisted of 11 members who entered the box without preconceived opinions of the case, and all confirmed their ability to set aside personal views and decide the case on the evidence at trial. Most jurors had minimal exposure to the media’s coverage of the case, and none expressed community hostility toward Robinson.

Defendant argues that 8 of tire 12 members of the jury were biased. However, defendants count suffers the same methodological flaws identified above—it includes jurors based solely on their death penalty views unrelated to pretrial publicity and the selection criteria were overly broad. Excluding those jurors defendant counted based solely on their alleged opinion regarding sentence, Robinson identified only four jurors (Jurors 39, 87, 246, and 302) who purportedly held preconceived opinions of guilt. However, a review of their voir dire testimony confirms their impartiality.

Juror 39 agreed there had been a lot of media coverage, mostly adverse to Robinson. When defense counsel asked whether the coverage had caused her to form any opinions about defendants guilt, Juror 39 said, “Well, from what I’ve read, it seems that the crimes that were committed were committed by him. Again, that’s just based on what I’ve read and what I’ve heard on the news.” Even so, Juror 39 confirmed her ability to set these facts and opinions aside and committed to holding the State to its burden of proof at trial. When questioned on the subject again during general voir dire, Juror 39 understood she would have to disregard all media facts and start with a clean slate at trial and confirmed her willingness and ability to presume defendant innocent.

Juror 87 testified that she had formed no opinion of guilt and could set aside all media reported facts in response to questioning from both parties. In the questionnaire, she said that the published reports did not look good for defendant but shared that people only get half the story in the paper and those reports are unbalanced and one-sided. She also clarified that she had not personally decided Robinson was guilty and would set aside media information and render a verdict based on the evidence. Defendant did not challenge Juror 87 for cause.

Juror 246, in questionnaire responses, said that she had no idea *66 about Robinson’s guilt or innocence, that if he did commit the crimes he was very sick, and that based solely on the media’s coverage it appeared there was a probability of guilt. Even so, Juror 246 confirmed in response to questioning that she remained unsure as to defendant’s guilt or innocence. Juror 246 said her memory of media reported facts had faded over time. Even if the evidence at trial refreshed her recollection of media facts, Juror 246 said she would not consider them or allow them to influence her decision. She understood the applicable burden of proof and confirmed she would acquit Robinson if the State failed to meet its burden. Defendant did not challenge Juror 246 for cause.

Juror 302 said she was unsure as to Robinson’s guilt or innocence in questionnaire responses. She felt the media had portrayed Robinson as guilty but clarified this was not necessarily her view. Juror 302 was confident she could set aside media-reported facts and decide the case on the evidence. Defendant did not challenge Juror 302 for cause.

Based on his extensive jury selection procedures and the voir dire testimony of seated jurors, Judge Anderson had a reasonable basis for concluding that the jurors selected could be impartial. State v. Ruebke, 240 Kan. 493, 500-01 , 731 P.2d 842 (“Unless we are to assume that (1) the jurors selected to try the defendant violated their oath when they swore that they could give tire defendant a fair trial or (2) an individual can commit a crime so heinous that news coverage generated by that act will not allow the perpetrator to be brought to trial, the defendant has not established substantial prejudice.”), cert. denied 483 U.S. 1024 (1987); see Gardner v. Galetka, 568 F.3d 862, 890 (10th Cir. 2009) (holding that there was no actual prejudice even though 55 percent of prospective jurors had formed an opinion about guilt, and 4 of 12 impaneled jurors indicated that they thought defendant was guilty, where all indicated they could decide the case on tire evidence alone); Hale v. Gibson, 227 F.3d 1298, 1320 (10th Cir. 2000) (defendant must show more than that the juror had a preconceived notion of guilt; he must show that the juror had such a fixed opinion that he or she could not judge impartially).

Robinson suggests the jurors’ declarations of impartiality were *67 unreliable in light of the extensive and unfavorable media attention. However, we have emphasized that “[njegative media coverage by itself is insufficient to establish actual prejudice.” Carr, 300 Kan. 1 , Syl. ¶ 6. Only in rare and extreme cases will the court disregard juror declarations of impartiality in favor of a finding of actual prejudice.

For example, in Irvin v. Dowd, 366 U.S. 717, 722-23 , 81 S. Ct. 1639 , 6 L. Ed. 2d 751 (1961), the media unleashed a barrage of newspaper headhnes, articles, cartoons, and pictures against defendant leading up to trial. These stories examined defendants prior convictions, announced his identification in a police lineup, reported that he had been placed at the scene of the crime, and explained that “the six murders were solved but petitioner refused to confess.” 366 U.S. at 725 . On tire day before trial, the media reported that Irvin had admitted to the murder of the victim in the case, as well as other murders. The press also reported that defendant offered to plead guilty to avoid the death penalty. The trial court excused 268 of the 430 veniremembers (62 percent) based on their bias, and 8 of 12 jurors entered the box with preconceived opinions of guilt. Given these circumstances, the Supreme Court found it improper to rely on juror representations of impartiality. 366 U.S. at 727-28 .

Since Irvin , the Supreme Court has twice considered and rejected claims that juror declarations of impartiality should be set aside. See Patton v. Yount, 467 U.S. 1025, 1029-30, 1033-34 , 104 S. Ct. 2885 , 81 L. Ed. 2d 847 (1984) (although 77 percent of veni-remembers admitted they carried opinions of guilt and 8 of the 14 jurors and alternates admitted the same, declarations of impartiality were rehable because passage of time had minimized jurors’ conviction in opinions); Murphy v. Florida, 421 U.S. 794, 800-01 , 95 S. Ct. 2031 , 44 L. Ed. 2d 589 (1975) (refusing to set aside the jurors’ declarations of impartiality where the voir dire testimony did not reflect the wave of community hostility present in Irvin).

In Carr , we considered but declined the invitation to second-guess jurors’ assurances of impartiality under facts comparable to Robinson’s:

“The jury pool here was far less polluted by preconceptions on guilt; in Iran, *68 90 percent of potential jurors believed the defendant was guilty. Here, [the trial judge] was not forced to excuse 60 percent of the juiy pool at the outset. The number of jurors ultimately seated who had to set aside their earlier opinions was half of that who would have had to do so in Imin; and none of them expressed community outrage. We also are reassured here by the protective measures taken by [the trial judge], including use of jury questionnaires and individual voir dire.” 300 Kan. at 78-79 .

As in Carr, Irvin is distinguishable on the facts. In Irvin , the trial court dismissed 62 percent of the entire venire based on firmly held opinions of guilt. Here, the figure was 37 percent. Only a small percentage of the 83 panelists passed to general voir dire had been challenged based on preconceived opinions of guilt. Nearly all, 11 of 12 jurors, entered the box having formed no such opinion of defendant, a vast improvement over Irvin , where 8 of 12 jurors held preconceived opinions of guilt, and even better than in Carr , where 4 of 12 held preconceived opinions. With few exceptions, jurors did not actively follow the media coverage, and media facts did not contain the “smoking-gun” reports of particular concern in Irvin , such as confessions, results of lie-detector tests, and offers to plead guilty to avoid the death penalty. Judge Anderson seated jurors who had formed no opinions, “who had forgotten or would need to be persuaded again.” Patton, 467 U.S. at 1034 .

In sum, Judge Anderson exercised great care in designing an enhanced juiy selection process. As defendants expert, Dillehay, predicted, the process proved to be a highly effective tool for combating the impact of potentially prejudicial pretrial publicity—one that yielded a qualified and impartial jury. As such, Judge Anderson had reasonable grounds to accept jurors’ declarations of impartiality in this case, and Robinson has failed to demonstrate actual prejudice. See Gardner, 568 F.3d at 887-90 (finding no Sixth Amendment prejudice where four jurors had formed opinions of guilt, protective measures trial court implemented during juiy selection added credibility to the juror’s declarations of impartiality); Hale, 227 F.3d at 1332-33 (refusing to set aside declarations of impartiality where half of jurors entered box with opinions of guilt, but voir dire did not uncover “an atmosphere of hostility toward the defendant, nor did the trial court have a difficult time in seating the jury”).

*69 4. Did media interference demonstrate actual prejudice?

Robinson argues the media’s interference with courtroom proceedings necessitated a finding of actual prejudice.

First, he suggests media saturation hit the courthouse steps when a local radio station conducted a publicity stunt by handing out “Roll out the Barrels of Evidence” T-shirts outside the courthouse during trial—the incident giving rise to the third renewed venue change motion. However, Robinson does not dispute Judge Anderson’s factual finding that the jury was not exposed to this incident, and that, therefore, it could not have affected the jurors’ impartiality. We defer to the district judge’s findings and concur with his legal conclusion. See State v. Anderson, 291 Kan. 849, 855 , 249 P.3d 425 (2011) (applying deference to trial court factual findings in motion to withdraw plea).

Scond, Robinson suggests the media coverage reached the court’s chambers on October 7, 2002, when jurors had the opportunity to view the front page of that morning’s copy of the Olathe Daily News—the incident giving rise to the second renewed venue change motion. Defendant failed to establish that any juror actually saw the article, and even if a juror or jurors had, we have no basis in the record to disagree with Judge Anderson’s finding that the content was not prejudicial. See State v. Bible, 175 Ariz. 549, 566-67 , 858 P.2d 1152 (1993) (finding no error in denying motion to change venue where appellant failed to demonstrate publicity resulted in actual prejudice).

Finally, Robinson suggests media coverage spilled into the courtroom itself when jurors were exposed to prejudicial comments during voir dire. Robinson explains that during questioning of one small group panel, a veniremember said she sensed that she was “in the presence of evil” around Robinson. Defendant acknowledges this prospective juror was excused but argues Juror 298, who served on the jury, was subjected to the comment. Of course, the statement in question was made by a prospective juror, not publicized by the media, and Juror 298’s voir dire responses confirmed she had formed no opinion of guilt and was committed to deciding the case based on the evidence. Not surprisingly, defendant did not challenge Juror 298 as biased by pretrial publicity.

*70 Similarly, defendant argues that Juror 184, who served on the juxy, heard a fellow panelist describe Robinson as a “predator.” Again, this comment was made by a fellow veniremember, not publicized by the media. Juror 184 entered the box without any preconceived opinion of Robinsons guilt, and defendant did not challenge this juror for cause on grounds related to bias or exposure to pretrial publicity.

Robinson offers no further examples of media interference during court proceedings, and none are apparent from the record. Robinson fails to demonstrate actual prejudice.

5. Did jurors ignore admonitions, demonstrating actual prejudice?

Finally, Robinson suggests veniremembers’ refusal to abide by the district judge’s admonitions to avoid media coverage necessitated a finding of actual prejudice. Defendant believes prospective jurors did not follow this admonishment because several panelists knew they would not be sequestered, a fact allegedly reported in the media, before the district judge made the announcement.

The record does not support defendant’s deduction-based argument. Judge Anderson expressly found that court administrators informed several veniremembers of the fact they would not be sequestered before the district judge made the announcement. Robinson does not dispute this finding. Moreover, defendant fails to establish that any member of his jury actually failed to comply with the district judge’s admonitions. While it is concerning that some prospective jurors may have learned the trial court’s position on sequestration from media sources, this does not establish actual prejudice, given the extensive protective measures Judge Anderson implemented throughout jury selection and die character and composition of jurors ultimately seated.

Statutory Venue Challenge

Independently, Robinson argues Judge Anderson abused his discretion in denying his motions under Kansas’ venue change statute.

K.S.A. 22-2616(1) compels a venue change where the district judge “is satisfied that there exists in the county where the prosecu *71 tion is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial trial in that county.” The burden falls on defendant to show prejudice in the community, not as a matter of speculation but as a demonstrable reality. State v. McBroom, 299 Kan. 731, 746 , 325 P.3d 1174 (2014).

A court considers nine factors in deciding whether community prejudice has reached levels warranting a change of venue under K.S.A. 22-2616(1):

“[1] the particular degree to which the publicity circulated throughout the community; [2] the degree to which the publicity or that of a like nature circulated to other areas to which venue could be changed; [3] the length of time which elapsed from the dissemination of the publicity to the date of trial; [4] the care exercised and the ease encountered in the selection of the jury; [5] tire familiarity with the publicity complained of and its resultant effects, if any, upon the prospective jurors or the trial jurors; [6] the challenges exercised by the defendant in the selection of the jury, both peremptory and for cause; [7] the connection of government officials with the release of the publicity; [8] the severity of the offense charged; and [9] tire particular size of the area from which the venire is drawn.” State v. Higgenbotham, 271 Kan. 582, 592 , 23 P.3d 874 (2001).

On the record before the court, the first, second, fifth, and eighth factors favored transfer of venue out of Johnson County at the time Judge Anderson ruled on the motions. The first factor weighed in favor of venue change because Dahls surveys evidenced widespread circulation of the pretrial publicity throughout the community. The second factor weighed slightly in favor of changing venue as the surveys demonstrated that case recognition was not as extensive in Harvey and Ellis Counties. Even so, recognition of the case outside the venue of origin was extremely high, with 80 percent of Harvey County residents and 64 percent of Ellis County residents expressing recognition of die case. Thus, the weight of this factor in the overall analysis is diminished. As to the fifth factor, Dahls venue study suggests media coverage had an effect on prospective jurors because 67 percent of respondents believed defendant was “probably” or “definitely” guilty. Regarding the eighth factor, Robinson was charged with two counts of capital murder and one count of first-degree murder. “[T]he most serious charged offenses could not have been more severe or their potential consequences more irreversible.” Carr, 300 Kan. at 82 .

*72 Five factors, including the third, fourth, sixth, seventh, and ninth, favored denial of each of defendants motions for venue change. The third factor weighed against a change of venue as more than 2 years had lapsed between tire time the story first broke in June 2000, when media coverage was at its height, and Robinson’s trial in October 2002, when coverage had dissipated. The fourth factor weighed heavily against a change of venue because Judge Anderson took great care in designing and implementing his four-phase jury selection process. The sixth factor, challenges exercised, weighed in favor of denying a venue change. Judge Anderson granted 92 of defendant’s 100 challenges asserted on pretrial publicity grounds. Of those jurors unsuccessfully challenged, all but one, Juror 39, was removed by peremptory challenge. Regarding the seventh factor, the media coverage was not materially connected to government officials. Robinson suggests that the prosecutor participated in press conferences, but none of the media-published facts defendant contends to be uniquely prejudicial were connected to the prosecution. Finally, the ninth factor weighed against a venue change because Johnson County had one of the largest population bases in the state from which to draw the venire.

The statutory venue challenge in Carr provides a useful comparison because there the same expert witness produced nearly identical survey results in a capital murder trial situated in one of the largest metropolitan areas in the state. In every relevant category (case recognition, opinion of guilt, and strength of evidence), the survey responses in Carr revealed case recognition and prejudgment at levels higher than or equal to those in this case. 300 Kan. at 49 . Even so, the majority held that Judge Paul Clark did not abuse his discretion under K.S.A. 22-2616 in denying defendants’ motions for venue change. 300 Kan. at 82 . Given the similarity between the two cases, Carr offers compelling support for Judge Anderson’s rulings.

In fact, the rulings are all the more defensible here because, unlike Carr , Robinson’s venue expert, Dillehay, opined that enhanced voir dire could effectively inoculate the effects of extensive pretrial publicity. While Dillehay believed “enhanced voir dire” would be infeasible from an administrative perspective, Judge Anderson was *73 undaunted, implementing the very type of voir dire process Dille-hay described. The process was lengthy but, in hindsight, proved highly effective in identifying and removing those rendered unqualified by their exposure to pretrial publicity.

Our other case precedents offer additional support for Judge Anderson’s rulings. See State v. Longoria, 301 Kan. 489, 510-12 , 348 P.3d 1128 (2015) (reasonable person could have agreed with denial of motion to change venue despite fact that 97 percent of respondents recognized the case and some panelists held strong opinions of guilt); McBroom, 299 Kan. at 750-52 (no error in denial of venue change where nearly 70 percent of respondents believed defendant “probably” or “definitely” guilty); State v. Verge, 272 Kan. 501, 505-08 , 34 P.3d 449 (2001) (no error in denying venue change where 96.7 percent of Dickinson County residents recalled the case; 71.7 percent had talked about the case; and 64 percent believed Verge was “definitely” or “probably” guilty); Higgenbotham, 271 Kan. at 593-95 (no error in denial of venue change where 95.7 percent of Harvey County respondents recalled the case, 60.6 percent believed defendant was guilty, and 53 percent believed there was evidence of guilt); State v. Jackson, 262 Kan. 119, 129-32 , 936 P.2d 761 (1997) (finding no error in denial of venue change where 89.7 percent of respondents recalled the case and 60 percent had formed opinion of guilt); State v. Anthony, 257 Kan. 1003, 1007, 1014-15 , 898 P.2d 1109 (1995) (affirming denial of motion to change venue where 97 percent of Safina residents had heard of case, 63.8 percent felt evidence of guilt was strong or overwhelming, and more than half unsure of impartiality); State v. Swafford, 257 Kan. 1023, 1035-36 , 897 P.2d 1027 (1995) (companion case to Anthony).

Given the mix of evidence on the nine factors relevant to K.S.A. 22-2616(1) and recognizing that some factors weighed in favor of venue change, while others weighed against such relief, we conclude that reasonable judges could have agreed with Judge Anderson’s decision to deny the requested motions to change venue under the statute. See Longoria, 301 Kan. at 512 ; Carr, 300 Kan. at 84 . Thus, we find no abuse of discretion.

*74

Presumed Prejudice

On appeal, defendant advanced only two theories supporting his venue challenge: actual prejudice under the Sixth Amendment and abuse of discretion under Kansas’ venue change statute. However Robinson’s first motion to change venue on Sixth Amendment grounds was pursued prior to voir dire—a point at which a claim of actual prejudice under the Sixth Amendment was premature. Defendant’s supporting memorandum relied, in part, on a presumed prejudice theoiy. Furthermore, in a Rule 6.09 (2014 Kan. Ct. R. Annot. 52) letter to this court, defendant cites the United States Supreme Court’s most recent opinion addressing presumed prejudice, Skilling v. United States, 561 U.S. 358, 381-85 , 130 S. Ct. 2896 , 177 L. Ed. 2d 619 (2010).

“[Because this is a death penalty case, this court is empowered to notice and discuss unassigned potential errors under K.S.A. 201 [4] Supp. 21-6619(b).” Carr, 300 Kan. at 16 . Independently, the Kansas statute compels the court, with regard to sentence, to determine “[wjhether the sentence of death was imposed under the influence of passion, prejudice or any other arbitrary factor.” K.S.A. 2014 Supp. 21-6619(c)(l). In the interests of justice, we consider presumed prejudice as a potential unassigned error on appeal.

Presumed prejudice occurs “ where the pretrial publicity is so pervasive and prejudicial that we cannot expect to find an unbiased jury pool in the community. We “presume prejudice” before trial in those cases, and a venue change is necessaiy.’ ” Carr, 300 Kan. at 57 .

In deciding whether to presume prejudice, courts consider seven factors enunciated in Skilling, 561 U.S. at 381 -85:

“(1) media interference with courtroom proceedings; (2) the magnitude and tone of the coverage; (3) the size and characteristics of the community in which the crime occurred; (4) the amount of time that elapsed between the crime and the trial; (5) tire jury’s verdict; (6) the impact of the crime on the community; and (7) the effect, if any, of a codefendant s publicized decision to plead guilty.” Carr, 300 Kan. at 62

In reviewing presumed prejudice claims, “we apply a mixed standard of review, examining the trial court’s findings of fact for substantial competent evidence and the ultimate legal conclusion *75 drawn from the facts—whether to presume prejudice—de novo.” Longoria, 301 Kan. at 506 .

Turning to the first Skilling factor, defendant argued in his second and third renewed motions to change venue that a media circus spilled into the courtroom. However, as set forth in defendant’s actual prejudice challenge, defendant failed to demonstrate any prejudice from the T-shirt and Olathe Daily News incidents giving rise to these motions.

As to the second Skilling factor, Robinson argues the media reported prejudicial facts that were inadmissible at trial, such as Robinsons white-collar criminal history; his connection to other missing persons; his involvement with other women; and his prosecution for fraud and murder in Missouri. However, the presumed prejudice doctrine “cannot be made to stand for the proposition that juror exposure to information about a state defendants pri- or convictions or to news accounts of the crime with which he is charged alone presumptively deprives the defendant of due process.” Murphy, 421 U.S. at 799 . The pretrial publicity included in the record was predominantly fact-based reporting. See Longoria, 301 Kan. at 507 (factor weighs against venue change where reporting is more fact based than inflammatory). There were no “smoking-gun” reports, such as confessions of defendant, results of lie detector testing, or defendant’s offer to plead guilty to avoid the death penalty. See Skilling, 561 U.S. at 382-83 (the lack of “evidence of the smoking-gun variety” weighed against a finding of presumed prejudice). Moreover, Dahls venue study suggested that some of these media facts were not widely recognized by the community or the level of recognition was similar to that in other venues.

The third Skilling factor—the size and characteristics of the community—weighed against a finding of presumed prejudice because Johnson County is one of the largest counties in the state, with close to half a million residents.

Regarding the fourth Skilling factor, more than 2 years had elapsed from the time the story first broke and the start of trial. Even so, survey results more than 1 year after Robinson’s arrest showed a high degree of case recognition. This factor is inconclusive or weighed slightly against a finding of presumed prejudice. *76 See Longoria, 301 Kan. at 507-08 (factor weighed against venue change where case recognition high but memory of details had faded); Carr, 300 Kan. at 68 (factor inconclusive where substantial time elapsed but evidence of juror recollection remained high at voir dire).

The fifth Skilling factor, the jury’s verdict, was unknown at the time the district judge ruled and carries no weight in the analysis. See Longoria, 301 Kan. at 508 .

On die sixth Skilling factor, none of the publicity of record clearly addresses the impact of die crimes on the community. The record includes two articles warning of the dangers of online dating in the aftermadi of the crimes, but these reports reflect opinions of a law enforcement officer and a journalist rather than community-wide sentiment. On the other hand, Dahls venue study revealed a high level of case recognition, suggesting the crimes generated interest and were followed by members of the community. Thus this factor may have weighed slightly in favor of a finding of presumed prejudice.

The seventh and final Skilling factor—publicized confession of a codefendant—does not factor into the analysis because Robinson alone was charged with the offenses in this action and the State never charged any codefendant. Cf. Carr, 300 Kan. at 69 .

In the end, only the sixth Skilling factor weighed in favor of a finding of presumed prejudice. The fifth and seventh factors were not relevant to the analysis, and the fourth factor was inconclusive at best. The first, second, and third Skilling factors weighed against a finding of presumed prejudice at the time Judge Anderson ruled on each motion.

“The bar facing the defendant wishing to prove presumed prejudice from pretrial publicity is extremely high.” United States v. McVeigh, 153 F.3d 1166, 1182 (10th Cir. 1998), disapproved on other grounds by Hooks v. Ward, 184 F.3d 1206 (10th Cir. 1999). Refief is granted only in those rare cases “where publicity ‘created either a circus atmosphere in the court room or a lynch mob mentality such that it would be impossible to receive a fair trial.’ ” Goss v. Nelson, 439 F.3d 621, 628 (10th Cir. 2006) (quoting Hale v. Gibson, 227 F.3d 1298, 1332 [10th Cir. 2000]). Based on our de novo *77 review, and considering the Skilling factors in light of the evidence, the record does not establish that “an irrepressibly hostile attitude pervaded the community.” Stafford v. Saffle, 34 F.3d 1557, 1567 (10th Cir. 1994). Thus Judge Anderson did not err in failing to presume prejudice under the Sixth Amendment. See Longoria, 301 Kan. at 508 ; Carr, 300 Kan. at 65-70 .

2. Continuance

Defendant next challenges the trial court’s denials of his continuance motions. He believes Judge Anderson denied them to penalize him for exercising his right to counsel of choice. Independently, Robinson argues the rulings constitute an abuse of discretion.

Additional Factual and Procedural Background

On June 14, 2000, Judge Anderson appointed Kansas’ Death Penalty Defense Unit (DPDU) to represent Robinson. The State filed its notice to pursue a death penalty phase sentencing proceeding, along with its alleged aggravating circumstance on March 2, 2001. The DPDU actively litigated the case for 13 months, investigating the charges, fifing 39 substantive motions, and defending Robinson at preliminary hearing.

1. Substitution of Counsel

On July 18, 2001, attorney Bob L. Thomas entered his appearance as attorney of record for Robinson. Later that day, the DPDU filed a motion to withdraw. At the July 23, 2001 hearing, Judge Anderson made inquiry regarding Thomas’ qualifications. Thomas had practiced as a licensed attorney for about 1 year before entering his appearance in this case. In the year, he had served as lead counsel on two noncapital jury trials. Thomas had hired a private investigator and planned to add several legal assistants but confirmed he would be the only attorney on the defense team.

Judge Anderson observed that Thomas did not meet Kansas Board of Indigents’ Defense Services’ qualification standards for appointment to a capital case and that Robinson’s Sixth Amendment right to representation by counsel of choice had to be tempered by his right to competent and effective counsel. To balance *78 these competing interests, the district judge explored the possibility of having the DPDU remain in the case as cocounsel. Thomas and defendant were willing to consent to such an arrangement, with the understanding that Thomas would serve as lead counsel. The DPDU declined, arguing that the arrangement was unworkable and that Robinson was no longer eligible for DPDU assistance.

At a continued hearing on July 27, 2001, Judge Anderson granted the DPDU’s motion to withdraw and announced his intention to appoint capital defense qualified cocounsel to assist Thomas. Neither Robinson nor Thomas objected.

On August 2, the trial court entered orders appointing Patrick Berrigan and Sean O’Brien, both of whom had extensive capital defense litigation experience, as cocounsel in this case for the purpose of representing Robinson “[djuring the prosecution and trial of said felony defendant, including sentencing.” No party objected to these orders. Judge Anderson set the matter over for 1 month to give the newly formed defense team time to review motions and to give Berrigan time to recover from heart bypass surgery. O’Brien’s associate attorney, Joseph Luby, and Berrigan’s associate attorney, Jason Billam, also served as members of Robinson’s defense team.

2. First Motion for Continuance

On September 20, 2001, Robinson filed his first motion to continue trial, citing extensive discovery, cocounsel’s commitment in other cases, and the need to develop a mitigation case—including gathering mitigation evidence; investigating the State’s aggravating circumstance; considering the possibility of psychological and neurological evaluations; interviewing defendant’s family for testimony in the sentencing phase; and conducting a thorough background investigation of Robinson’s educational, medical, employment, and criminal histories—in support of the requested refief. Defense counsel claimed it needed “as much as a year to adequately prepare this case for trial” and requested the setting be moved from January 14 to September 16, 2002.

At the September 21, 2001, hearing, Judge Anderson emphasized that if he granted the continuance, the new trial date would be a firm setting and no further continuance would be granted ab *79 sent “extraordinary” circumstances. After confirming that defense counsel had evaluated their schedules and understood any new trial date would be firm, Judge Anderson granted the motion and reset trial for September 16, 2002.

3. Thomas’ Withdrawal and Second Motion for Continuance

On February 21, 2002, Thomas filed a motion to withdraw after receiving the States February 13 supplemental discovery, which included documents indicating Marvin Ray, Thomas’ former client, had offered to be a cooperating witness for the State.

Later that same day, Robinson filed his second motion for continuance, arguing that counsel Berrigan and O’Brien (appointed counsel) and Thomas (retained counsel) had an agreement as to the division of labor in the case, whereby retained counsel was handling the guilt phase and appointed counsel the penalty phase. Robinson argued Thomas’ withdrawal, combined with appointed counsels’ obligations in other cases, made it impossible to prepare Robinson’s defense before the September 16, 2002, trial setting. Appointed counsel requested a 4-month continuance.

After confirming with Robinson that he was discharging Thomas as counsel of record, Judge Anderson granted Thomas’ motion to withdraw and denied the continuance motion during a February 28 hearing.

4. Robinsons Third Request for Continuance

On July 18, 2002, Robinson filed a third motion for continuance, alleging that discovery complications made it impossible to prepare Robinson’s guilt phase defense before the September trial setting. On July 25, the trial court held an evidentiary hearing.

a. Discovery Delays

Phil Gibson, an investigator for the defense team, testified that it would take substantial time to complete witness interviews because of the State’s massive endorsed witness list, which included roughly 600 witnesses, 79 of whom had been endorsed after the February 2001 preliminary hearing. However, the State had later provided *80 a “will call” list that narrowed down those most likely to testify to around 200.

Dean Stettler, Robinsons DNA expert, testified to delays related to the State’s DNA disclosures. Stettler was engaged to evaluate law enforcements DNA testing procedures and advise the defense on the need for independent testing. On March 22, 2002, he received three, 4-inch binders containing well in excess of 100 pages of law enforcement lab reports. The documents were in Bates-stamp order, but Stettler thought the Bates-stamp order was random. He said it took him 3 weeks to organize the documents in a logical order.

Once the reports were organized, Stettler met with members of the JOCO Lab and found 46 reports that had not been included in the State’s disclosures. District Attorney Paul Morrison testified that the DNA testing was handled exclusively by the KCMO Lab and he did not give Stettler the 46 reports from the JOCO Lab because they pertained to hair analysis, tire track impression work, and latent print examinations, not DNA testing. Nevertheless, Stettler felt the reports might be useful and received copies the same day Stettler learned of the reports’ existence.

Stettler also reviewed the KCMO Lab’s case file and confirmed the State had produced all reports. However, Stettler wanted to review the supporting data and requested the same. The KCMO Lab voluntarily produced this data on CD-ROM. Stettler did not maintain a current version of the software necessary to view the material electronically however, and it took him a month to find an independent lab to print the material for him.

Stettler admitted he had a complete copy of the files maintained by both crime labs within a few weeks of receiving the State’s disclosures. At the time of the hearing, Stettler had been in possession of the files for nearly 3 months and the CD-ROM for more than 10 weeks. Stettler said he could complete his work and advise the defense team on the need for independent testing within 3 to 4 weeks.

On September 5, 2002, defense counsel informed the district judge that DNA samples had been sent to a lab for independent testing. No results were introduced at trial; nor are they included in the record on appeal.

*81 b. Delay Related to the Division-of-Labor Agreement

Thomas offered testimony regarding the need for continuance in light of defense counsels’ division-of-labor agreement. He confirmed that the defense team had agreed he would handle the guilt phase, while appointed counsel, Berrigan and O’Brien, would handle the penalty phase. Thomas said the defense conducted work consistent with this division of labor agreement and committed to the September trial setting in reliance on it.

Thomas also testified to the events giving rise to his withdrawal or discharge. Thomas had represented Marvin Ray in another matter before entering his appearance as Robinson’s counsel in the summer of 2001. Shortly thereafter, he asked prosecutor Morrison whether the State had any “jail-house snitches,” specifically mentioning Ray. Morrison said a few inmates, including Ray, had contacted his office, but Morrison believed Ray lacked credibility and tire State was not interested in his testimony. The State made no further mention of Ray until February 2002, when it produced a letter Ray had written and other documents.

Morrison testified the Ray letter and documents were disclosed with’sufficient time to prepare Robinson’s defense. Ray first contacted his office, offering to testify against Robinson, around July 2001. On October 4, the prosecution subpoenaed documents from Ray, and in response, correctional officials searched Ray’s cell and found documents responsive to the subpoena. Among these documents, they found a letter in which Ray described how he and two other people allegedly transported two female bodies to a farm near LaCygne and placed them in barrels in exchange for drugs. Morrison disclosed the Ray documents 7 months in advance of trial and confirmed that the prosecution had no intention of calling Ray or introducing the documents at trial. Neither party, in fact, called Ray or introduced his documents at trial.

The court denied the motion for continuance.

5. Robinson’s Fourth Motion to Continue Trial

On August 30,2002, nearly 2 weeks before trial, defense counsel filed a motion for continuance or, alternatively, for leave to withdraw, arguing that several discoveiy problems continued to delay *82 preparations. Defense counsel also claimed to need additional time to develop Robinson s penalty phase defense, explaining they had hired a forensic social worker in January 2002 to conduct an investigation of Robinsons background and social history but learned in late July that the expert had made no progress because of a disabling back injury suffered in a car accident.

Defense counsel hired a new mitigation expert, Scarlet Nerad. Although she had already commenced work, defense counsel argued there was insufficient time for her to complete it before trial. Robinson requested an 8-month continuance to complete a social history report and a comprehensive mental evaluation.

At the September 5 hearing, Robinson offered Nerad s affidavit under seal, which the district judge reviewed in camera over the State s objection. In the affidavit, Nerad claimed that her preliminary investigation suggested Robinson had endured chronic and life-threatening violence, abandonment, and neglect at die hands of his caretakers. When Robinson was 5 years old, his mother began assaulting him several times a week, without provocation—beating him severely, threatening to kill him, and telling him she wished he were dead or never bom. As a small child, Robinson grew deeply attached to his infant brother. The child fell ill and died, and Robinson s mother blamed him for the death. Robinson was devastated by the loss of his brother and shattered by the false accusations lodged by his mother. As Robinson grew older, the abuse escalated, often leaving him unconscious or bedridden, and his mother isolated him from other family members.

According to Nerad, such suspected abuse left Robinson vulnerable to psychiatric diseases such as posttraumatic stress disorder (PTSD). In fact, she claimed Robinson met the criteria for PTSD. Nerad also believed Robinson exhibited symptoms of dissociative and mood disorders, evidenced by bouts of psychosis, extreme mood fluctuations, flat affect, and episodes of mania. Nerad s affidavit did not establish her qualifications to diagnose such conditions.

Nerad made clear that her findings were preliminary and that she needed to complete substantial additional investigation to verify and document the abuse and its effect on Robinson before she *83 could deliver a completed background and social history report. She said she could not complete it in time for the September trial setting. She also noted that other medical professionals would need her report to complete Robinson’s comprehensive mental assessment.

The continuance was denied.

6. Request for Continuance at the Outset of the Penalty Phase

On September 12, 2002, the defense filed a motion to transport Robinson to the University of Kansas Medical Center (KU Medical Center) for MRI and PET scans. The defense argued the testing was necessary for its expert, Dr. Dorothy O. Lewis, a professor of psychiatry at New York University School of Medicine, to conduct a psychiatric evaluation of Robinson.

Defense counsel offered the affidavit of Lewis under seal in support of the motion. Lewis declared that, based on her preliminary review, there was reason to believe Robinson suffered from “a bipolar mood disorder”; he “was severely physically and emotionally abused throughout childhood”; “as a result of this maltreatment, he experiences episodic dissociative states”; “as many as four generations of family members may have suffered” similar mental illness; a 1991 MRI revealed brain abnormalities, “allegedly a result of transient ischemic attacks”; and “Robinson ... cannot appreciate the nature and strength of the evidence” against him.

Lewis also said that, in order to make a credible diagnosis, she needed time to complete additional testing and evaluation, including psychiatric interviews; an MRI to assess possible brain changes over time; a PET scan to assess frontal lobe function; a neurologic evaluation; a comprehensive neuropsychological test battery; and a review of Robinson’s background and social history. Without such information, Lewis asserted, it would be impossible to render an opinion regarding Robinson’s mental functioning.

The trial court granted the motion during a September 12 status conference.

On October 31, after the jury had convicted Robinson on all charges, defendant moved for continuance of the penalty phase. Appointed counsel explained that they had decided not to have *84 Robinson transported to KU Medical Center for an MRI and PET scan because there was simply insufficient time for experts to complete the testing and evaluation needed to render a qualified opinion regarding Robinson s mental functioning.

The court denied the continuance.

Constitutional Challenge

Robinson argues the district judge refused to continue the trial as punishment or in retaliation for his decision to hire Thomas and discharge the DPDU, violating his right to due process. Although the argument is less than clear from the briefing, Robinson also appears to suggest the trial court unconstitutionally burdened his Sixth Amendment right to counsel of choice by having him bear the risk that counsel would be unprepared.

1. Legal Framework and Standard of Review

Robinson s challenge is founded on the Sixth Amendment right to counsel—a fundamental right guaranteed to all criminal defendants. Kimmelman v. Morrison, 477 U.S. 365, 374 , 106 S. Ct. 2574 , 91 L. Ed. 2d 305 (1986). “It is hardly necessary to say that the right to counsel being conceded, a defendant should be afforded a fair opportunity to secure counsel of his own choice.” Powell v. Alabama, 287 U.S. 45, 53 , 53 S. Ct. 55 , 77 L. Ed. 158 (1932); see State v. Anthony, 257 Kan. 1003, 1018 , 898 P.2d 1109 (1995) (“An essential element of the Sixth Amendments protection of the right to counsel is that a defendant must be afforded a reasonable opportunity to secure counsel of his or her choosing.”).

Not only is a defendant vested with the constitutional right to counsel of choice, but also due process prevents States from punishing or retaliating against a defendant for exercising this constitutional right. Bordenkircher v. Hayes, 434 U.S. 357, 363 , 98 S. Ct. 663 , 54 L. Ed. 2d 604 (1978) (“To punish a person because he has done what the law plainly allows him to do is a due process violation of the most basic sort.”).

However, “[n]ot every restriction on counsels time or opportunity to investigate or to consult with his client or otherwise to prepare for trial violates a defendants Sixth Amendment right to *85 counsel.” Morris v. Slappy, 461 U.S. 1, 11 , 103 S. Ct. 1610 , 75 L. Ed. 2d 610 (1983). The Supreme Court has explained:

“Trial judges necessarily require a great deal of latitude in scheduling trials. Not the least of their problems is that of assembling the witnesses, lawyers, and jurors at the same place at the same time, and this burden counsels against continuances except for compelling reasons. Consequently, broad discretion must be granted trial courts on matters of continuances; only an unreasoning and arbitrary ‘insistence upon expeditiousness in the face of a justifiable request for delay violates the right to the assistance of counsel. Ungar v. Sarafite, 376 U.S. 575, 589[, 84 S. Ct. 841 , 11 L. Ed. 2d 921 ] (1964).” Morris, 461 U.S. at 11-12 .

We have recognized that a defendant s right to counsel of choice “cannot be manipulated to impede the efficient administration of justice.” Anthony, 257 Kan. at 1019 .

Where defendants allege the deprivation of rights under the Constitution, our court reviews such challenges de novo. See State v. Chamberlain, 280 Kan. 241, 255 , 120 P.3d 319 (2005) (determination of whether a statute violates the Constitution is a question of law over which we have unlimited de novo review); see also United States v. Hopkins, 509 Fed. Appx. 765, 770 (10th Cir. 2013) (unpublished opinion) (reviewing de novo whether judicial action violated Sixth Amendment right to counsel of choice).

2. The Due Process Challenge

Robinson first contends that Judge Andersons rulings were intended to punish defendant for the delay that resulted when he retained Thomas in place of the DPDU.

The argument ignores and is entirely inconsistent with the fact that Judge Anderson accepted Thomas’ entry of appearance and subsequently granted him a lengthy continuance. Thomas’ fifing of his entry of appearance provided Judge Anderson with a direct and immediate opportunity to subvert Robinson’s right to counsel of choice. Thomas lacked the experience and resources to handle a capital defense alone, and Judge Anderson could have denied the entry of appearance altogether. See, e.g., United States v. Collins, 920 F.2d 619, 626 (10th Cir. 1990) (district court may deny a defendant’s counsel of choice where attorney unable to provide competent representation). Instead, he gave effect to both of Robinson’s Sixth Amendment interests—the right to counsel of choice *86 and the right to competent counsel—by accepting Thomas’ entry of appearance and appointing qualified cocounsel.

Once Thomas was granted entry, Judge Anderson had a second opportunity to “punish” Robinson for retaining private counsel by denying his first motion for continuance. Instead, Judge Anderson granted the continuance, providing defense counsel roughly 1 full year to prepare for trial.

Robinson makes no mention of these rulings. Instead, he focuses on the district judge’s denial of subsequent motions for a second continuance. In these -rulings, Judge Anderson mentions that the DPDU handled the case and was on track for a trial setting in early 2002, that Robinson discharged the DPDU by hiring Thomas, that the coúrt appointed qualified cocounsel, and that the result was further delay. Robinson believes these comments evidence Judge Anderson’s retaliatory motive.

The argument lacks merit. When read in context, it is apparent that Judge Anderson referenced the DPDU and Robinson’s decision to hire Thomas, not to blame Robinson for any delay resulting from that decision, but to summarize the sequence and timeline of events, highlight the purpose and scope of the appointment of cocounsel, and emphasize that Thomas and appointed counsel had the benefit of more than a year’s worth of die DPDU’s work on the case. The district judge’s reference to the delay that followed Thomas’ entry of appearance and the appointment of cocounsel was an accurate account. It also served to highlight that the district judge had granted a previous, lengthy continuance, a relevant factor in assessing whether defendant has established good cause for a subsequent continuance under K.S.A. 22-3401. See State v. Snodgrass, 252 Kan. 253, 264 , 843 P.2d 720 (1992) (trial court did not abuse discretion in denying continuance where a prior continuance had been granted on eve of trial); United States v. Sharrak, 527 Fed. Appx. 383, 388 (6th Cir. 2013) (unpublished opinion) (whether court has granted previous continuances is an appropriate factor in analyzing subsequent motions).

In each ruling, after oudining previous relevant events, Judge Anderson addressed the specific grounds asserted for the requested continuance and/or made findings and conclusions as to why *87 defendant had failed to establish good cause. In the end, Judge Anderson denied each request for a second continuance because he believed there was adequate time to prepare the defense, especially considering the resources of the defense team and the fact that a lengthy continuance had been granted previously. The rulings were an appropriate exercise of lawful discretion and cannot be construed as retaliatory. See Anthony, 257 Kan. at 1019-20 (trial court did not abuse discretion or otherwise interfere with counsel of choice where it did not attempt to restrain counsel from entering the case and only declined the request to continue trial to allow new counsel time to prepare).

3. The Sixth Amendment Challenge

Robinson next argues the district judge relied on a number of factual errors in denying his motions for continuance. While this argument sounds more akin to an abuse of discretion challenge, Robinson seems to suggest the trial court’s alleged factual errors effectively placed an unconstitutional burden on his right to counsel of choice.

Specifically, Robinson contends the district judge erred in fact, thereby burdening the right to counsel of choice, by: (1) finding that Robinson had discharged the DPDU; (2) minimizing the burden defense counsel experienced in managing discovery; and (3) failing to account for the delay caused by the State’s tardy and disorganized DNA testing disclosures.

First, Robinson argues the district judge erroneously found that Robinson had discharged the DPDU. In the July 25, 2002 ruling denying defendant’s third motion to continue trial, Judge Anderson said, “When Mr. Thomas got in this case, he got in it because the defendant discharged, essentially through hiring Mr. Thomas, the capital defense team and retained an attorney of his own choice.” (Emphasis added.) Likewise, in the October 31, 2002, ruling denying defendant’s motion to continue the penalty phase, Judge Anderson explained that “in the summer of 2001 Mr. Robinson chose to discharge the capital defense team provided to him by the State of Kansas. . . . and did so by retaining counsel, Mr. Thomas, who undertook to represent him at that time.” (Emphasis added.)

*88 Judge Anderson’s rulings indicate that Robinson effectively discharged the DPDU by retaining Thomas. The record supports this finding. During a July 23, 2001, in-camera proceeding, Judge Anderson discussed the status of defendant’s representation in the presence of Robinson, the DPDU, and Thomas. During the proceeding, Judge Anderson confirmed that it was Robinsons desire to remove DPDU counsel and substitute Thomas as counsel in their place.

More importantly, whether the trial court characterized the DP-DU s exit as a “discharge” or a “withdrawal” is a factual distinction without a legal difference. Judge Anderson did not deny any of defendant’s motions based oh a finding that the DPDU exited the case as a result of discharge, as opposed to withdrawal. Cf. State v. Nelson, 296 Kan. 692, 694 , 294 P.3d 323 (2013) (“Judicial discretion is abused if judicial action ... is based on an error of fact, i.e., if substantial competent evidence does not support a factual finding on which a prerequisite conclusion of law or the exercise of discretion is based.”). Moreover, it is unclear how the characterization of the DPDU s exit as a discharge instead of a withdrawal could or would have placed any additional burden on Robinson’s Sixth Amendment right to counsel of choice.

Second, Robinson argues Judge Anderson improperly “minimized” testimony regarding the delay created by the number of witnesses endorsed by the State. Judge Anderson addressed this issue specifically in denying the third motion for continuance, finding that Kansas law compelled the prosecution to endorse all potential witnesses regardless of the extent of their knowledge and that the defense team’s resources, including four attorneys, an investigator, and six legal interns, were sufficient to overcome the discovery complications and complete preparations in tire time allotted for trial. These findings were supported by substantial competent evidence in the record, and we cannot say that no reasonable judge would have agreed with Judge Anderson’s ruling. Robinsons real complaint is that Judge Anderson did not assign his evidence the weight he believed it deserved. Such a dispute does not establish grounds for error. See In re Estate of Farr, 274 Kan. 51, 68 , 49 P.3d 415 (2002) (“It is the factfinder’s function to determine the weight *89 and credibility of the witnesses. Appellate courts will not pass upon the credibility of witnesses or reweigh conflicting evidence.”).

Finally, Robinson believes Judge Anderson minimized the prejudice occasioned by the State s tardy and disorganized disclosures to defendants DNA expert. Again, Judge Anderson addressed this issue specifically in denying the third motion for continuance, explaining that any delay the expert experienced did not prevent appointed counsel from continuing to work on other aspects of Robinsons defense. On appeal, Robinson admits the expert’s delay did not impede counsels ability to prepare for trial but argues it prevented the defense from completing an independent DNA analysis.

We find the argument unavailing. The defense team did not pursue independent testing until after the State completed and disclosed its DNA lab reports. Thereafter, much of the delay Stettler experienced was tire result of his decisions on time management. We have found no error in the denial of continuance under similar circumstances. See State v. Lewis, 299 Kan. 828, 846-48 , 326 P.3d 387 (2014); Snodgrass, 252 Kan. at 264 .

Moreover, during the July 25 evidentiary hearing, Stettler admitted he could complete his work and advise the defense within 3 to 4 weeks—leaving adequate time before trial. On September 5, defense counsel informed Judge Anderson that samples had been sent to a lab for independent analysis, but the results of that testing were never introduced at trial or included in the record on appeal. Thus the district judge had no basis upon which to make a finding of good cause warranting a continuance. See State v. Daigle, 220 Kan. 639, 643-44 , 556 P.2d 400 (1976) (affirming denial of continuance where defendant failed to show relief would result in favorable evidence from a completed fracture analysis), cert. denied 430 U.S. 983 (1977); see also Coy v. Renico, 414 F. Supp. 2d 744, 777 (E.D. Mich. 2006) (continuance properly denied where petitioner failed to show independent DNA testing would yield exculpatory evidence). Nothing in the record supports Robinsons claim that discovery complications foreclosed independent DNA testing or use of the results of such testing at trial. In fact, the evidence strongly suggests otherwise.

*90 In the end, we hold that the denial of continuance did not violate Robinson’s due process or Sixth Amendment rights.

Statutory Challenge

In addition to his constitutional challenges, Robinson argues the trial court abused its discretion in denying his requests for continuance. For purposes of clarity, the challenge is divided into two subissues: (1) whether the trial court abused its discretion in denying a continuance to allow counsel additional time to prepare the guilt phase defense; and (2) whether the .trial court abused its discretion in denying a continuance to allow counsel additional time to prepare the penalty phase defense.

1. Legal Framework and Standard of Review

K.S.A. 22-3401 provides that “[continuances may be granted to either party for good cause shown.” “In a criminal case, the decision to continue a case lies within the sound discretion of the district court.” State v. Haney, 299 Kan. 256, 259 , 323 P.3d 164 (2014). Thus, we review a denial of continuance for abuse of discretion. State v. Burnett, 300 Kan. 419, 436 , 329 P.3d 1169 (2014). Judicial discretion is abused where judicial action is arbitrary, or based on an error of law or fact. State v. Warrior, 294 Kan. 484, 505 , 277 P.3d 1111 (2012). The party asserting abuse of judicial discretion has the burden to prove an abuse of discretion on appeal. State v. Smith-Barker, 301 Kan. 132, 161 , 340 P.3d 485 (2014). Additionally, where a defendant claims the denial of continuance interfered with his or her ability to present a defense, we review the question de novo. Lewis, 299 Kan. at 846 .

The legal standard for granting a continuance is “good cause” shown. K.S.A. 22-3401; State v. Carter, 284 Kan. 312, 318 , 160 P.3d 457 (2007). However, where a continuance is sought to retain new counsel, we consider the following five factors:

“(1) whether a continuance would inconvenience witnesses, the court, counsel, or the parties; (2) whether other continuances have been granted; (3) whether legitimate reasons exist for the delay; (4) whether the delay is the fault of tire defendant; and (5) whether denial of a continuance would prejudice the defendant.” Anthony, 257 Kan. at 1019 .

*91 Robinson argues the Anthony factors should apply to his challenge. However, Anthony applies in situations where defendant seeks a continuance for the purpose of retaining new counsel, thereby placing the defendant’s Sixth Amendment right to counsel of choice in competition with the courts discretionary power to deny continuances. 257 Kan. at 1019. At the time the court denied the defendant’s second continuance motion, appointed counsel, Ber-rigan and O’Brien, had served as counsel to Robinson for nearly 7 months. Robinson never requested or retained new counsel after Thomas’ discharge, and appointed counsel represented him throughout both phases of trial. As such, Robinson’s Sixth Amendment right to counsel of choice was never implicated and Anthony’s five-factor test does not apply. See State v. Ly, 277 Kan. 386, 391 , 85 P.3d 1200 (five-factor test did not apply where defendant “did not request a continuance so he could retain new counsel”), cert. denied 541 U.S. 1090 (2004).

2. Continuance to Provide Additional Time to Prepare Guilt Phase

Robinson argues the trial court erred in denying his requests for a second continuance in tire face of evidence establishing: (1) the division-of-labor agreement, whereby retained counsel, Thomas, was to prepare the guilt phase defense and appointed counsel, Ber-rigan and O’Brien, the penalty phase defense; (2) the unexpected discharge or withdrawal of Thomas; and (3) the impact of Thomas’ withdrawal on trial preparations.

The record includes competing evidence regarding the propriety of a continuance notwithstanding Robinson’s arguments. Although defense counsel took it upon themselves to divide the labor, Judge Anderson was unaware of this decision. His orders appointing counsel specified that Berrigan and O’Brien were to represent defendant at trial and through sentencing. Judge Anderson found the division-of-labor agreement frustrated the purpose of his orders. Also, as Judge Anderson explained, conflicts and other matters giving rise to the withdrawal of counsel are not unforeseeable, casting further doubt on the reasonableness of defense counsels’ reliance on this division of labor. There is also reason to question *92 how strictly counsel adhered to the arrangement. Soon after then-appointment, Berrigan and O’Brien signed pleadings and motions, played a leading role at motions hearings and status conferences, and handled the examination of witnesses and argument at the January 2002 evidentiary hearing on the venue motion. All of these events were part of the guilt phase of the case.

The record also provides direct support for Judge Anderson’s findings and conclusions. While Thomas’ withdrawal certainly increased appointed counsel’s workload and responsibility, they were not starting from scratch. Berrigan and O’Brien had served as counsel to Robinson for roughly 7 months prior to Thomas’ withdrawal, and they had another 7 months to prepare thereafter, thanks to Judge Anderson’s order granting Robinson’s first continuance motion. Appointed counsel also had die benefit of the preparation Thomas and the DPDU had done over the course of nearly 2 years. After Thomas’ withdrawal, O’Brien’s associate attorney Luby entered his appearance for the defense, and Robinson never sought appointment of new counsel.

We have not previously reviewed the denial of a continuance under the particular facts presented here. Even so, Anthony provides some useful parallels under similar facts. There, defendant moved for a 2-month continuance 18 days before trial so that defendant’s counsel of choice, Charles Atwell, could have adequate time to become involved in the case and prepare for trial. Atwell informed the court he could not accept appointment without a continuance. Defendant had already received a previous continuance. The trial court granted defendant leave to substitute Atwell as counsel but denied the continuance. We found no abuse of discretion in the ruling. 257 Kan. at 1019-20.

Authority from other jurisdictions lends more direct support for Judge Anderson’s rulings. See United States v. Messervey, 317 F.3d 457, 462 (5th Cir. 2002) (no error in denying 4-month continuance after withdrawal; court had granted previous continuances giving counsel a full year to prepare and new counsel benefitted from predecessor’s preparation); People v. Johnson, 205 Ill. 2d 381, 406-07 , 275 Ill. Dec. 820 , 793 N.E.2d 591 (2002) (no error in denial of continuance to allow counsel additional time to prepare defense *93 in capital murder prosecution where trial court had granted previous continuances totaling 55 days and public defender already had prepared for 3 months); Flinn v. State, 563 N.E.2d 536, 543 (Ind. 1990) (no error in denial of continuance to give new counsel more preparation time; new counsel had benefit of predecessors 16 months of preparation); State v. Sanders, 92 Ohio St. 3d 245, 276 , 750 N.E.2d 90 (2001) (no error in denial of continuance to allow new lead counsel time to prepare defense in capital murder prosecution; newly appointed counsel had 2 full months to prepare and cocounsel had been on the case for 15 months); State v. Hester, 324 S.W.3d 1, 35-36 (Tenn. 2010) (no error in denial of continuance in capital murder case where one of defendant’s two lawyers withdrew; remaining attorney had served as lead counsel for almost 3 years; case had encountered lengthy delays).

In light of the record here, we conclude a reasonable factfinder could have agreed with Judge Anderson’s rulings. Therefore, we hold that the district judge properly exercised his lawful discretion by refusing requests for a second continuance to prepare the guilt phase defense.

3. Continuance to Provide Additional Time to Prepare Penalty Phase

Robinson also contends he was entitled to a continuance so counsel could fully develop his mitigation defense.

The problem with Robinson’s challenge is he failed to make an adequate proffer as to what mitigation evidence would have been developed had Judge Anderson granted a second continuance. We discussed the movant’s duty to make such a proffer in Burnett, 300 Kan. 419 , where defendant requested a continuance in order to prepare a redacted and admissible version of the videotaped recording of his police interview. Defendant argued the district court’s refusal to grant a continuance denied him a defense at trial because without the video recording, he was unable to impeach law enforcement testimony regarding the interview. However, defendant did not specify “how [law enforcement officer’s] testimony was inconsistent with the statements recorded on the video or even explain how [law enforcement officer’s] testimony could have been *94 impeached by the video.” 300 Kan. at 438. We held that “[wjithout specific references to how tire video would have bolstered his defense or impeached [law enforcement officer’s] testimony, Burnett ha[d] failed to show that ‘good cause’ supported his request for a continuance to prepare a redacted version of the video.” 300 Kan. at 438.

The same principle holds true in the context of sentencing. In State v. Beaman, 295 Kan. 853 , 286 P.3d 876 (2012), defendant sought a sentencing continuance to research an Eighth Amendment argument under Jessica’s Law that might have applied at sentencing. In affirming the denial of continuance, we explained: “[S] imply arguing that there ‘may’ be an issue worthy of another motion is insufficient to justify a continuance. Mere speculation that with more time something favorable may happen for the defendant does not constitute good cause. [Citation omitted.]” 295 Kan. at 864 .

We thus conclude it would be unacceptably speculative to presume their preliminary findings would be consistent with those produced in a final analysis. Here, Robinson offered the affidavits of Nerad and Lewis in support of their motions for continuance to develop mitigation evidence. Both speculated, based on their initial reviews, that Robinson may

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