In 1979, Phillips, a heroin addict, wanted money to buy drugs. Her friend, Richard Hernandez, worked next door to defendant's furniture refinishing shop in Santa Ana. Hernandez often supplied Phillips with drugs. He introduced Phillips to defendant, who told her he would pay her if she posed for nude photographs while in bondage. Phillips agreed to pose for defendant and shortly thereafter defendant took her to his shop, where he tied her hands and ankles and gagged her mouth. According to Phillips, defendant showed her photographs of several other women to indicate how he wanted her to pose. He also instructed her to "look scared" but did not harm her during the photo session. Defendant paid Phillips $40 after he had taken pictures of her with a Polaroid camera for about an hour. Phillips eventually left the shop with Hernandez, who then purchased drugs for her.
On the afternoon before her disappearance, Jones told her best friend, Allmon, that she and Kreuger were going "to make an easy $500 by posing for nude pictures." Allmon also testified that Jones told her if she had not returned by noon the following day that "something was wrong," and she was to "do something."fn. 12
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[17a] Defendant asserts the court committed reversible error by allowing Kathy Phillips to testify, over his objection, that in 1979 (three years before the subject murders) she participated in a photo session at defendant's furniture refinishing shop during which defendant photographed her in the nude while she was bound and gagged. The next month, Phillips went for a ride with defendant during which he asked her if she wanted to make more money (Phillips was using heroin at the time). According to Phillips, defendant told her that "he wanted to take some more pictures of other women and take them out in the desert and make what he - what he [50 Cal.3d 510] referred to as a snuff flick or movie ...." Phillips stated that defendant told her he wanted to drug the girls in connection with the photography sessions, "have sex with them and be really brutal" and that he "would just make a movie and it would be a lot of bondage and sadistic-type things ...." In addition, Phillips testified that she and defendant had discussed burying bodies so that they could not be discovered. Finally, Phillips told the jury defendant had mentioned to her that he would eventually sell the "snuff" movies to the Mafia in the United States and Canada. be457b7860
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