Van Deren, J.
¶1 Hoyt William Crace was convicted of attempted second degree assault, first degree criminal trespass, and second degree malicious mischief. Crace petitions for a new trial or a reference hearing. Crace argues that his due process rights were violated because the jail compelled him to wear jail-issue sandals at trial. He also contends that his right to a fair trial is called into question because a juror saw him outside the courtroom in jail-issue sandals and restraints before voir dire but the juror did not disclose that fact when asked during voir dire if she knew Crace. Crace further contends that his counsel was ineffective for failing to request the lesser included offense of unlawful display of a weapon and for not objecting to Crace’s wearing the sandals in court. We grant Crace’s timely petition based on ineffective assistance of counsel in failing to request the lesser included instruction and because counsel’s deficient representation prejudiced Crace, i.e., there is a reasonable probability that, except for counsel’s unprofessional error, the result of the proceeding would have been different. We remand for a new trial on the second degree assault charge.
FACTS
¶2 According to Crace, on August 16, 2003, he was repairing a friend’s trailer located in the same mobile home park where he resided, when another resident of the trailer park offered Crace approximately one gram of cocaine. Between 10:00 am and 2:00 pm, Crace voluntarily consumed 8 to 10 alcoholic coolers, one gram of cocaine, two doses of [89] the prescription pain medication Dilaudid, and one quarter piece of heroin. Crace testified that he felt very relaxed and fell asleep or partially overdosed while watching Planet of the Apes.
¶3 When he awoke, it was dark outside. Crace testified that he heard and saw things, grew terrified, and became convinced that he was going to be murdered. He ran screaming from his trailer, trying to find the home of two elderly women who lived nearby; instead, he entered Rita Whitten’s trailer by mistake. Crace tried to tell Whitten about his fears but when she kept screaming, he quickly left.
¶4 Before Crace’s entry, Whitten was in her living room watching television while her baby slept in the bedroom. According to Whitten, Crace burst through the front door, screaming about being pursued. After rifling Whitten’s kitchen cabinets and drawers, Crace ran out of her home. According to Crace, he went outside and found the elderly women’s trailer and spoke to them, but he did not stay there because he still thought that humans or demons were trying to murder him.
¶5 Crace returned to his trailer, took a sword off the wall, and ran down the street screaming for help. Apparently someone contacted the police, because on August 17, 2003, at 2:25 am, Pierce County Sheriff’s Deputy Theron Hardesty received a call from dispatch directing him to a possible burglary in progress at a residence in a mobile home park. As Hardesty exited his car, a man approached him and stated that an unknown male had burst into his neighbor’s home and then fled. The man said that the unknown male had run about two blocks to the north and that he was armed with a sword.
¶6 Hardesty found Crace and when Crace saw Hardesty’s flashlight beam, he ran toward the light with his sword in hand. Crace made eye contact with Hardesty and ran full speed toward him. As Crace ran, he yelled, “ ‘They are after me, someone help me.’ ” Report of Proceedings (RP) at 83.
[90] ¶7 Hardesty could see a long, metal object in Crace’s hand and, as Crace drew closer, Hardesty identified the object as a sword. Hardesty drew his gun and directed Crace to drop the sword.1 Crace kept running at Hardesty and Hardesty repeated his command to drop the sword. According to Crace, when he realized that an officer held the flashlight, he remained too frightened to drop the sword or to stop. Crace dropped the sword when he was approximately 50 feet from Hardesty but he continued running toward Hardesty. Hardesty repeatedly commanded Crace to get on the ground. According to Crace, he did not obey the direction to lie down on the ground because he was scared and still too far away from the officer. Crace finally complied when he was five to seven feet from Hardesty.
¶8 Hardesty handcuffed Crace and placed him in the rear seat of his patrol vehicle. Hardesty then interviewed Whitten. During the interview, Hardesty heard screams from the parking lot and ran out to see Crace kicking wildly in the back of the patrol car; Crace broke out the left rear window. According to Crace, his fears of being murdered persisted and he kicked out the window in the hope that someone would return to the vehicle to help him. Hardesty secured Crace in four point restraints and advised him of his constitutional rights. Crace told Hardesty that earlier in the evening, four or five “guys” assaulted him and that he ran from them in fear. Based on his experience as a law enforcement officer, Hardesty suspected substance abuse and asked Crace if he used drugs. Crace told Hardesty that he had ingested cocaine earlier in the day.
¶9 By amended information, the State charged Crace with second degree assault, first degree criminal trespass, [91] and second degree malicious mischief. The State also alleged that Crace was armed with a deadly weapon while committing the assault. The trial court ordered Crace to undergo an evaluation to determine his competency to stand trial and potential defenses based on his mental condition.2
¶10 When the police booked Crace into jail, he wore no shoes; “the clothes listed at the time of booking were a red sweatshirt and a pair of black shorts.” Br. of Resp’t, App. E at 2. Clothing “brought in for trial included a pair of tan pants, a green shirt and a blue/black tie,” but there were no shoes, and, according to the jail’s “records, it would appear that Mr. Crace did not have a pair of civilian shoes to wear at the time of his trial.” Br. of Resp’t, App. E at 2. According to Crace, the jail officer told him that he “had to wear the jail-issue, orange sandals.” Personal Restraint Petition (PRP), App. J. During transport, Crace wore shackles on his legs and ankles, which were removed when he arrived at court each day.
¶11 At the beginning of voir dire, the court asked the venire panel, “Do any of you know Mr. Crace? Have any of you heard anything about this particular case by potentially hearing potential witnesses talk about it, or other folks that may be involved in the case having any kind of discussion?” PRP, App. H at 6. No panel member responded. Linda Hoerling, an individual eventually seated as a juror, [92] declared later that it was “a personal decision” to “not report to the court that [she] had observed Mr. Crace outside of the courtroom prior to trial.” PRP, App. I at 1.
¶12 During what appears to be a three day trial,3 Crace wore his jail-issue, orange sandals. According to Crace, “my attorney was aware that I was forced to wear jail-issue sandals to court because I told him and because he saw them on my feet.” Surreply Br. of Pet’r at 5. Crace’s attorney did not object to the jail-issue sandals.
¶13 The trial court instructed the jury on the charged offenses and the lesser included offense of attempted second degree assault. Crace’s trial counsel did not request and the trial court did not instruct the jury on the lesser included offense of unlawful display of a weapon. The jury deadlocked on the second degree assault charge, but it found Crace guilty of attempted second degree assault. The jury also convicted him of first degree criminal trespass and second degree malicious mischief. Finally, it found that Crace was armed with a deadly weapon at the time of the attempted assault. Under the Persistent Offender Accountability Act, RCW 9.94A.555, the trial court sentenced Crace to life without the possibility of early release based on two previous convictions of qualifying strike offenses. See RCW 9.94A.570; former RCW 9.94A.030(32) (2003).
¶14 After trial, Hoerling wrote an article that the Puyallup Herald published on September 8, 2005, describing her experience serving on Crace’s jury. Hoerling called it “Mr. Sandal Foot’s” jury. Br. of Resp’t, App. C at 1. Crace did not realize before voir dire that Hoerling had seen him outside the courtroom wearing “plastic orange sandals with socks. . . . He was handcuffed and being escorted by two rather large . . . men in uniform. Obviously, an accused prisoner in street clothes, sans real shoes.”4 As Crace en[93] tered the courtroom before the start of voir dire, Hoerling “realized that the defendant was the man [she] had earlier observed in the hallway as socked, sandaled, and escorted.” Hoerling “felt as if [she] had somehow violated some vague acquaintance [] or knowing the defendant rule,” but she concluded that “this new revelation justified no action on [her] part.”5 Br. of Resp’t, App. C at 1. Although not mentioned in her article, at some point during trial, Hoerling “came to consider the possibility that Mr. Crace was facing a third strike” because she “had read about the law and understood the process.” Hoerling “did not discuss [her third strike theory] with anyone else.” PRP, App. I at 1.
¶15 Crace appealed his conviction of attempted second degree assault with a deadly weapon enhancement, arguing trial court instructional error and insufficiency of the evidence. We affirmed his conviction on appeal. State v. Crace, noted at 128 Wn. App. 1021, 2005 WL 1540894, at *7, 2005 Wash. App. LEXIS 1540, at *18. We issued our mandate on June 19, 2007, after the Supreme Court denied Crace’s motion for discretionary review. State v. Crace, 160 Wn.2d 1010,161 P.3d 1026 (2007). Crace filed his PRP on May 27, 2008. On October 3, 2008, he successfully moved for permission to file an amended brief to include an additional ineffective assistance of counsel claim related to an issue raised in his original petition.
ANALYSIS
I. Personal Restraint Petition Standard of Review
¶16 Relief through a PRP is available to petitioners where they are under a “restraint” that is “unlawful.”6 RAP [94]*9416.4(a)-(c). Collateral relief through a PRP is limited “ ‘because it undermines the principles of finality of litigation, degrades the prominence of trial, and sometimes deprives society of the right to punish admitted offenders.’ ” In re Pers. Restraint of Davis, 152 Wn.2d 647, 670, 101 P.3d 1 (2004) (quoting In re Pers. Restraint of St. Pierre, 118 Wn.2d 321, 329, 823 P.2d 492 (1992)). Thus, challenges based on constitutional error require the petitioner to demonstrate that he “was actually and substantially prejudiced by the error.” Davis, 152 Wn.2d at 671-72. Nonconstitutional challenges require the petitioner to show that “ ‘the claimed error constitutes a fundamental defect which inherently results in a complete miscarriage of justice.’ ” Davis, 152 Wn.2d at 672 (quoting In re Pers. Restraint of Cook, 114 Wn.2d 802, 813, 792 P.2d 506 (1990)). The petitioner carries the burden to prove error by a preponderance of the evidence. In re Pers. Restraint of Lord, 152 Wn.2d 182, 188, 94 P.3d 952 (2004).
¶17 The petitioner must state the facts on which he bases his claim of unlawful restraint and state the evidence available to support the allegations; conclusory allegations alone are insufficient. RAP 16.7(a)(2)(i); In re Pers. Restraint of Williams, 111 Wn.2d 353, 365, 759 P.2d 436 (1988). For allegations “based on matters outside the existing record, the petitioner must demonstrate that he has competent, admissible evidence to establish the facts that entitle him to relief.” In re Pers. Restraint of Rice, 118 Wn.2d 876, 886, 828 P.2d 1086 (1992). Where the “petitioner’s evidence is based on knowledge in the possession of others, he may not simply state what he thinks those others would say, but must present their affidavits or other corroborative evidence.” Rice, 118 Wn.2d at 886. “The affidavits . . . must contain matters to which the affiants may competently [95] testify.” Rice, 118 Wn.2d at 886. The evidence must show that the “factual allegations are based on more than speculation, conjecture, or inadmissible hearsay.”Rice, 118 Wn.2d at 886.
¶18 We may exercise three options in evaluating a PRP:
1. If a petitioner fails to meet the threshold burden of showing actual prejudice arising from constitutional error, the petition must be dismissed;
2. If a petitioner makes at least a prima facie showing of actual prejudice, but the merits of the contentions cannot be determined solely on the record, the court should remand the petition for a full hearing on the merits or for a reference hearing pursuant to RAP 16.11(a) and RAP 16.12;
3. If the court is convinced a petitioner has proven actual prejudicial error, the court should grant the Personal Restraint Petition without remanding the cause for further hearing.
In re Pers. Restraint of Hews, 99 Wn.2d 80, 88, 660 P.2d 263 (1983).
¶19 If “the petitioner makes this threshold showing,” we examine the State’s response, which must answer the allegation and “identify all material disputed questions of fact.” Rice, 118 Wn.2d at 886; RAP 16.9. To “define disputed questions of fact, the State must meet the petitioner’s evidence with its own competent evidence” and only after “the parties’ materials establish the existence of material disputed issues of fact” will we direct the superior court “to hold a reference hearing in order to resolve the factual questions.” Rice, 118 Wn.2d at 886-87.
II. Jail-Issue Sandals
¶20 Crace first argues that the State violated his due process right to a fair trial when “jail officers told [him] that [he] also had to wear the jail-issue, orange sandals” in court. PRP, App. J. Crace contends that wearing the jail-issue sandals in court, in conjunction with a juror’s seeing him outside the courtroom in restraints, demonstrates that [96] his “right to a fair jury, a fair trial, or both was injured by the juror’s observations of Crace, both in and out of court.” PRP at 22-23. The State contends that jail officers did not compel Crace to wear the sandals: he came to jail without shoes, his clothing delivered for trial contained no shoes, and the sandals were the only footwear available to him. Furthermore, the State argues that even if jail officers compelled Crace to wear the sandals, he did not object, so the issue is not preserved for review. Crace responds that an objection is not necessary in the context of shackling and that we may reach the question of error.
¶21 We agree with the State that Crace failed to preserve the due process issue for review.
A. Standard of Review
¶22 “We review constitutional issues de novo.” State v. Castro, 141 Wn. App. 485, 490, 170 P.3d 78 (2007).
B. Fair Trial
¶23 A defendant is “entitled to the physical indicia of innocence which includes the right of the defendant to be brought before the court with the appearance, dignity, and self-respect of a free and innocent man.” State v. Finch, 137 Wn.2d 792, 844, 975 P.2d 967 (1999). “This is to ensure that the defendant receives a fair and impartial trial as guaranteed by the Sixth and Fourteenth Amendments of the United States Constitution and article I, section 3, and article I, section 22 (amendment 10) of the Washington State Constitution.” Finch, 137 Wn.2d at 843. It also preserves the defendant’s presumption of innocence and, “although not articulated in the Constitution, [this presumption] ‘is a basic component of a fair trial under our system of criminal justice.’ ” Finch, 137 Wn.2d at 844 (quoting Estelle v. Williams, 425 U.S. 501, 503, 96 S. Ct. 1691, 48 L. Ed. 2d 126 (1976)).
¶24 This protection is grounded in the concern that there is a “substantial danger of destruction in the minds of the jury of the presumption of innocence where the accused [97] is required to wear prison garb, is handcuffed or is otherwise shackled.” Finch, 137 Wn.2d at 844. “A defendant may not be required to appear in court in restraints because the jury may infer that the defendant is dangerous or untrustworthy,” but jail attire is treated differently because it “is often used as a defense tactic to gain sympathy, so a defendant must object to being compelled to wear jail attire in court or he waives the right to argue the issue later.” State v. Levy, 156 Wn.2d 709, 730-31, 132 P.3d 1076 (2006) (citing State v. Sanchez, 122 Wn. App. 579, 587-88, 94 P3d 384 (2004)).
¶25 Crace concedes that at trial he did not object to wearing jail-issue sandals, but he argues that this error is preserved despite his trial counsel’s failure to object. In the context of shackling, our Supreme Court analyzed the issue of unconstitutional shackling in the absence of counsel’s objection because “[t]rial courts must weigh on the record the reasons for restraining an accused in the courtroom, recognizing the accused’s right to due process.” State v. Elmore, 139 Wn.2d 250, 273, 985 P.2d 289 (1999). But shackling suggests dangerousness and unfairly prejudices the defendant. See Levy, 156 Wn.2d at 730-31. Here, counsel and Crace do not cite, and we cannot find, any cases supporting Crace’s contention that an objection is not necessary in the context of clothing. In fact, our case law establishes that an objection is necessary. See Levy, 156 Wn.2d at 730-31; Sanchez, 122 Wn. App. at 587-88. Because Crace failed to object to wearing the jail-issue sandals at trial, he did not preserve this issue for review and this argument fails.
III. Jury
¶26 Crace also argues that he is entitled to a new trial because Hoerling did not disclose to the court that she had seen Crace in restraints outside the courtroom. He contends that Hoerling deliberately concealed this information during voir dire, that this information was material, and that this information provided a valid basis to challenge the [98] juror for cause.7 The State argues that Hoerling was not required to disclose the sighting based on the questions raised during voir dire, there is no evidence of juror bias, and there is no evidence of prejudice. The State also argues that Crace did not show that Hoerling’s failure to disclose the sighting during voir dire would have entitled Crace to remove her for cause.
A. Standard of Review
¶27 We review an alleged due process violation de novo. State v. Eckblad, 152 Wn.2d 515, 518, 98 P.3d 1184 (2004); Ino Ino, Inc. v. City of Bellevue, 132 Wn.2d 103, 114, 937 P.2d 154, 943 P.2d 1358 (1997). Under the United States Constitution, the Sixth and Fourteenth Amendments guarantee persons accused of a crime the right to trial by an impartial jury that is unbiased and unprejudiced. State v. Davis, 141 Wn.2d 798, 824-25, 10 P.3d 977 (2000). The Washington Constitution provides a similar safeguard. Wash. Const, art. I, §§ 3, 22. “ ‘The failure to accord an accused a fair hearing violates even the minimal standards of due process/ ” Davis, 141 Wn.2d at 824 (internal quotation marks omitted) (quoting State v. Parnell, 77 Wn.2d 503, 507, 463 P.2d 134 (1969)). “ ‘Not only should there be a fair trial, but there should be no lingering doubt about it/ ” Davis, 141 Wn.2d at 825 (quoting Parnell, 77 Wn.2d at 508). But the right to a fair trial does not require a “perfect[ ] trial.” In re Pers. Restraint of Elmore, 162 Wn.2d 236, 267, 172 P.3d 335 (2007). Instead, it requires “ ‘a jury capable [99] and willing to decide the case solely on the evidence before it.’ ” Elmore, 162 Wn.2d at 267 (internal quotation marks omitted) (quoting McDonough Power Equip., Inc. v. Greenwood, 464 U.S. 548, 554, 104 S. Ct. 845, 78 L. Ed. 2d 663 (1984)). “ ‘A strong, affirmative showing of misconduct is necessary in order to overcome the policy favoring stable and certain verdicts and the secret, frank and free discussion of the evidence by the jury.’ ” Elmore, 162 Wn.2d at 267 (quoting State v. Balisok, 123 Wn.2d 114, 117-18, 866 P.2d 631 (1994)).
¶28 “In order to receive a new trial, a party must first demonstrate that a juror failed to answer honestly a material question on voir dire and then further show that a correct response would have provided a valid basis for a challenge for cause.” Elmore, 162 Wn.2d at 267. Only “reasons that affect a juror’s impartiality . . . affect the fairness of a trial.” Elmore, 162 Wn.2d at 267-68.
B. Answer to a Material Question
¶29 A juror’s answer is honest and additional information is not required when a juror is not expected to volunteer the information and a question is not asked that is designed to elicit the additional information. State v. Gilmore, 59 Wn.2d 514, 515-16, 368 P.2d 722 (1962). In Gilmore, counsel asked a prospective juror whether she knew of the incident at hand or any of the defendants, attorneys, or witnesses — she answered, “ ‘No.’ ” 59 Wn.2d at 515. Counsel also asked whether there was any reason she could not be fair and impartial, and she again answered, “ ‘No.’ ” Gilmore, 59 Wn.2d at 515. On appeal, Gilmore argued that the juror had a duty to “(a) disclose that her son was a cell mate of the defendant; and (b) disclose that her son was a convicted felon presently serving time.” Gilmore, 59 Wn.2d at 515. By posttrial affidavit, the juror admitted seeing the defendant in jail when she visited her son but denied knowing anything about him or his case before trial. Gilmore, 59 Wn.2d at 515. Our Supreme Court held that “no prospective juror is obligated to volunteer such informa[100] tion” when counsel failed to ask a question of the juror “designed to elicit it.” Gilmore, 59 Wn.2d at 516.
¶30 Here, Hoerling wrote a newspaper article following her jury service in which she described her experiences, including her sighting Crace outside the courtroom in handcuffs and wearing “plastic orange sandals with socks.” Br. of Resp’t, App. C at 1. Crace fails to show that Hoerling did not honestly answer a material question during voir dire — trial counsel could ask during voir dire whether any jury panel members had ever seen the defendant before voir dire — if that is the information desired.
C. Bias
¶31 Crace also fails to establish a valid basis for a “for cause” challenge had Hoerling told the trial court that she saw Crace before voir dire. “A prospective juror must be excused for cause if the trial court determines that the juror is actually or impliedly biased.” State v. Gosser, 33 Wn. App. 428, 433, 656 P.2d 514 (1982); RCW 4.44.170. Implied bias is conclusively presumed from the juror’s factual circumstances as applied to the statutory provisions.8 RCW 4.44.170(1); State v. Noltie, 116 Wn.2d 831, 838, 809 P2d 190 (1991). Implied bias exists where there is:
(1) Consanguinity or affinity within the fourth degree to either party.
(2) Standing in the relation of guardian and ward, attorney and client, master and servant or landlord and tenant, to a party; or being a member of the family of, or a partner in business with, or in the employment for wages, of a party, or being surety or bail in the action called for trial, or otherwise, for a party.
(3) Having served as a juror on a previous trial in the same action, or in another action between the same parties for the [101] same cause of action, or in a criminal action by the state against either party, upon substantially the same facts or transaction.
(4) Interest on the part of the juror in the event of the action, or the principal question involved therein, excepting always, the interest of the juror as a member or citizen of the county or municipal corporation.
RCW 4.44.180. Providing dishonest or materially misleading answers during voir dire in an effort to persuade the parties that one should serve on the jury can provide a basis for implied bias because the desire to serve on a jury at the expense of answering voir dire inquiries honestly is an interest beyond that of an ordinary citizen. See State v. Cho, 108 Wn. App. 315, 328, 30 P.3d 496 (2001).
¶32 Hoerling saw Crace restrained and did not volunteer this fact. During voir dire, Hoerling explained her understanding of the presumption of innocence and confirmed that Crace is presumed innocent, “[It mjeans he walks in as any other person would. I don’t know the man; I don’t know what he’s done; I don’t know the facts.” PRP, App. H at 53. When questioned, no venire panel member stated that he or she would not presume Crace innocent. Hoerling’s only concern focused on voting not guilty, were the State to present no evidence; she seemed to believe that a mistrial is more appropriate in those circumstances. In a posttrial declaration, Hoerling explained that it was “a personal decision” to “not report to the court that I had observed Mr. Crace outside of the courtroom prior to trial.” PRP, App. I at 1.
¶33 Although “Crace asserts that both types of bias [actual and implied] are present,” he argues only that Hoerling should have been dismissed based on implied bias but he provides no legal or factual basis to support a claim of actual bias. PRP at 17. Crace also fails to establish implied bias: there is no evidence that Hoerling is related by blood to a party, has a special relationship with either party, served as a juror in a case involving the same parties, or had an interest beyond that as a citizen. He establishes only [102] that Hoerling’s decision not to tell the trial court that she saw Crace in restraints was “personal.” Crace could have explored the “personal” decision and what Hoerling’s interest was, but that information was not before the trial court and is not before us in the declarations.
¶34 In a PRP, the petitioner must state the facts that support the petitioner’s claim and “evidence available to support the factual allegations.” RAP 16.7(a)(2)(i). The evidence Crace provides is not sufficient to support a finding of implied bias. If Hoerling had stated in her declaration that she withheld the information that she had seen Crace outside the courtroom because she wanted to serve on a jury, then the evidence would be stronger. But the evidence before us is not sufficient for a finding of implied bias or to support an order for a reference hearing on the matter.
D. Prejudice
¶35 Moreover, Crace fails to demonstrate prejudice apparent from Hoerling’s journalistic revelations. Washington courts have never held that “[t]he mere fact that a jury sees an inmate wearing shackles” mandates reversal of a conviction. State v. Rodriguez, 146 Wn.2d 260, 270, 45 P.3d 541 (2002) (citing State v. Gosser, 33 Wn. App. at 435). Instead, “a defendant must show prejudice, that is, ‘a substantial or injurious effect or influence on the jury’s verdict.’ ” Elmore, 139 Wn.2d at 274 (quoting State v. Hutchinson, 135 Wn.2d 863, 888, 959 P.2d 1061 (1998)). Even where a defendant is shackled in the courtroom in front of the jury,9 which would likely create a presumption of prejudice on direct appeal, in a PRP “the [petitioner] is not entitled ... to a presumption of prejudice which the state would have to overcome by evidence beyond a reasonable doubt. Rather, the [petitioner] bears the burden of showing actual prejudice.” Davis, 152 Wn.2d at 698.
[103] ¶36 Passing glimpses of a defendant in restraints are insufficient on their own to find the existence of prejudice. In Gosser, the defendant moved for a mistrial on the basis that jailers removed his shackles in the corridor outside the courtroom, “presumably in the presence of at least some of the jurors.” 33 Wn. App. at 435. The trial court denied Gosser’s motion for a mistrial. Gosser, 33 Wn. App. at 435. On appeal, we affirmed the denial, reasoning that “beyond [the] defendant’s bare allegation, there is no indication in the record that the incident prejudiced the minds of the jurors against [the] defendant.” Gosser, 33 Wn. App. at 435-36. Division Three of this court reached the same conclusion and held that a defendant’s “mere appearance in handcuffs during jury selection [did] not indicate the incident ‘inflamed or prejudiced’ the jurors against [the defendant].” State v. Early, 70 Wn. App. 452, 462, 853 P.2d 964 (1993)).
¶37 Even a more prolonged viewing does not necessarily rise to the level of prejudice. Our Supreme Court pointed out that in “Clark,