inted numerous letters
from readers calling for Daniels’s execution. Id. The officers
were turned into “posthumous celebrities,” and approximately
three thousand people attended their funerals. Id. That the
news coverage saturated the county is reflected in the fact that
eighty-seven percent of the jury pool recognized the case
from the media coverage. Id. Two-thirds of those empaneled
remembered the case from the press accounts—some recalled
that the suspect was a Black paraplegic, others recalled that
police officers were shot, and two jurors remembered Daniels
by name. Id.
  30
    In closing argument, the prosecution referred to this monument, say-
ing, “The monuments that we build to these people are appropriate, ‘Lest
we forget.’ ”
14996                  DANIELS v. WOODFORD
   The press accounts did not merely relate factual details, but
included editorials and letters to the editor calling for Dan-
iels’s execution. Id. at 919-20. In addition, news articles
reflected the prosecution’s theory of the case by attributing
the killings to Daniels’s desire to escape justice. See id. at
919. Also well-publicized by the press was Daniels’s past
criminal offenses, including an arrest for shooting at a police
officer. Id. Such information was highly prejudicial and
would not have been admissible at the guilt phase of Daniels’s
trial. Id.

  [20] The nature and extent of the pre-trial publicity, paired
with the fact that the majority of actual and potential jurors
remembered the pretrial publicity warranted a change of
venue. The trial court’s denial of this motion for change of
venue violated Daniels’s right to a fair and impartial jury and
thus, his right to due process.31

  B.    Overlapping Special Circumstances

   Daniels also challenges the jury instructions given in the
penalty phase. He argues that the trial court should have
instructed the jury not to “double count” the multiple-murder
special circumstance as to both murders. Specifically, the jury
in Daniels’s trial fo