State of Missouri v. Robert Blake Blurton

484 S.W.3d 758

• Court: Supreme Court of Missouri
• Decided: March 15, 2016
• Docket: SC93648
• Status: Published

Opinions

Patricia Breckenridge, Chief Justice

Robert Blurton áppeals his convictions for three counts of murder in the first degree. Mr. Blurton was sentenced to death after being found guilty by a jury for murdering his aunt, uncle, and their 16-year-old granddaughter. On appeal, Mr. Blurton asserts that the - trial court erred by refusing his proffered lesser included offense instruction, admitting testimony regarding cell phones and fingerprints, excluding evidence that someone else had the motive and opportunity to commit the murders, excluding bias evidence, and denying mistrial requests. Because this case involves the imposition of the death penalty, this Court has .exclusive jurisdiction over the appeal. Mo. Const, art. V, sec. 3.

This Court finds that- the trial court did not err in rejecting Mr. Blurton’s proffered lesser included offense instruction because the instruction did not properly conform to the MAI requirements. Nor did the trial court err in admitting testimony from the state’s cell phone analyst because his testimony was within the realm of a layperson. The trial court also did not err in admitting testimony from the state’s fingerprint analyst because the trial court sustained three of Mr. Blurton’s objections and the fourth objection was untimely. The trial court did not err in excluding evidence that someone else had the motive and opportunity to commit the crimes because Mr. Blurton did not attempt to present this evidence at trial. The trial court also did not err in excluding evidence of a witness’s alleged bias against a potential witness because the potential witness was not called to testify at trial. Furthermore, the trial court did not err in denying Mr. Blurton’s mistrial requests after the state inadvertently displayed crime scene photographs on three occasions because the display of the photographs was not intentional and all of the photographs were later admitted into evidence. Accordingly, this Court affirms Mr. Blurton’s convictions and sentences. Additionally, after an independent review of the proportionality of Mr; Blurton’s death sentences pursuant to section 665.035,¹ this Court finds that Mr. Blurton’s death sentences were not excessive or disproportionate to the penalty imposed in similar cases.

Factual and Procedural Background

Mr. Blurton’s aunt and uncle, Sharon and Donnie Luetjen, and their 16-year-old granddaughter, Taron Luetjen,² lived together in Cole Camp. Mr. Blurton had not been to the Luetjens’ home in about five years, but he had visited their home as a child and had lived with the Luetjens for a few months in 2004 after he was released from prison; At that time, the Luetjens had helped him buy a vehicle, find a job, and move into a new apartment.

On June 7, 2009, at 10:15 p.m., a 911 call was placed from Taron’s cell phone. The operator disconnected the call after the caller did not speak for 45 seconds. A return call from the 911 operator was not answered, and the 911 operator did not dispatch the police. At trial, the state submitted a transcript of the original 911 call, which included the voices in the background of the call:

.Dispatcher: Nine One One where is your emergency?

■ (unintelligible)

Female: Ohhh.

Dispatcher: Nine One One do you have an emergency.

Male: (unintelligible) in place ... I will kill you.

Dispatcher: Hello?

Female: I have three hundred dollars in my purse.

Male: I heard you. Set right there. Set right there. Sharon, I’ll kill all you guys. Set right there. I liked all of you. Give me that other hand,

(unintelligible)

The male voice in the call was identified as Mr. Blurton’s by the Luetjens’ daughter and Mr. Blurton’s girlfriend.³ A few minutes after the 911 call, at approximately 10:80 p.m., a neighbor, who lived less, than a half mile across the valley and who often heard sounds coming from the Luetjens’ property, heard three pistol shots from the direction of the Luetjens’ house.

Two days later, a neighbor discovered the Luetjens’ bodies in their home.. Each victim was found gagged, lying facerdown on a pillow in the living room, with their hands bound, behind their backs with brown fabric from Taron’s canopy bed. Each had been shot once in the back of the head with a .22 caliber pistol.

Police found no evidence of forced entry. Inside the home, three cups — a white coffee, mug, a plastic Royals souvenir cup, and a red travel mug — -were found on the living room table. Mr. Blurton’s fingerprints and DNA were discovered on the white coffee mug.⁴ Mr. Blurton also could not be excluded as a contributor to the DNA found on the brown fabric used to bind Donnie’s right hand. The DNA on Sharon’s bindings also exhibited male characteristics, but the results were inconclusive as to whether the DNA was consistent with Mr. Blurton’s because not enough data could be developed from the DNA that was found. The DNA on the binding on Taron’s right hand exhibited male characteristics. Mr. Blurton was excluded as a contributor, but Donnie could not be excluded. The DNA on the binding on Tar-on’s left hand also exhibited male characteristics, but Mr. Blurton and Donnie were both excluded as contributors.

In addition to the murders, police found evidence of a robbery. Donnie’s wallet and its contents were found beneath a pillow on a chair near his body. His wallet contained no money although he was known to ■ carry at least $200. Sharon’s purse was sitting on the floor in the hallway near her bedroom. Her wallet had been rémoved and also did not contain any money. . ■

In the Luetjens’ bedroom, a dresser drawer was sitting on their bed with the contents dumped out. The drawer usually contained a large amount of change and Donnie’s sizeable arrowhead collection. Only a small amount of change remained, and the arrowheads were missing. Mr. Blurton had been caught stealing-change from this drawer when he was -a teenager. A gun cabinet in the Luetjens’ bedroom was open, and three guns, including- two .22 caliber pistols, were missing. Taron’s cell phone was also missing.

On June 27, 2009, based on the daughter’s identification of Mr. Blurton’s voice on the 911 recording and the DNA results linking him to the crime scene, Mr. Blur-ton was arrested -and charged with three counts-of murder¹ in the first degree under section 565.020. Prior to his arrest, Mr.' Blurton asked his girlfriend to tell the police that he was with her that night. Mr. Blurton lied to her — telling her that he was at his boss’s house in Nevada on the night of the murders but was unable to drive home because of severe weather and because his boss’s wife was hitting on him. His boss and. his boss’s wife later testified at trial that Mr. Blurton had never been to their home. Mr. Blurton’s - girlfriend-agreed to tell the police that Mr. Blurton had been with her on the night of the murders but she later recanted, telling the police that Mr. Blurton had asked her to lie for him.

At trial, the state’s evidence included cell phone tower evidence showing' that Mr. Blurton’s cell phone had traveled from Garnett, Kansas, to Cole Camp between 8:16 p.m. and 9:59 p.m. on the night of the murders; the DNA and fingerprint' evidence linking Mr. Blurton to the crime scene; and the identification of Mr.-Blur-ton’s voice as the-male voice in the back-, ground of the 911 call. As motive for the robbery and murders, the state presented evidence that Mr. Blurton had, recently lost his job and had been asked to move out of the home he had shared with his girlfriend. The girlfriend testified that Mr. Blurton had told her that he owed people money. Moreover, she testified that Mr. Blurton had told her that he would inherit land, a vehicle, and 22 percent of $6.6 million from the Luetjens.

A jury convicted Robert Blurton of three counts of murder in the .first degree under section 565.020. At the ..penalty phase, the state presented evidence of Mr. Blurton’s prior conviction for robbery in the first degree, as well as his. convictions for forgery, burglary, stealing, and possession of a controlled substance in a department of corrections facility. The state also presented victim impact evidence from the Luetjens’ daughter and grandson. Mr. Blurton • presented mitigating evidence from his stepmother, two prisoners who. were previously incarcerated with him, and a psychologist who testified that it was unlikely that Mr. Blurton would be violent in prison.

The jury recommended a sentence of death on all three counts. The jury found the following statutory aggravators: (1) Mr. Blurton had a prior serious assaul-tive conviction;⁵ (2) each murder was committed while he was engaged in the commission of two other murders; and (3) the murders involved depravity of mind and, as a result, the murders were outrageously and wantonly vile, horrible, and inhuman insofar as each victim was bound or otherwise rendered helpless and Mr. Blurton, therefore, exhibited a callous disregard for the sanctity of all human life. The trial court rejected Mr. Blurton’s motion for a new trial, accepted the jury’s recommendations, and sentenced Mr. Blurton to death for each offense. Mr. Blurton now appeals his convictions.

On appeal, Mr. Blurton asserts that the trial court erred by: (1) rejecting his proffered jury instruction for felony murder in the second degree; (2) allowing a lay witness to testify regarding the location of the cell phone towers to which his cell phone connected¹ on the night of the murders; (3) allowing the state’s fingerprint analyst to testify that two other “qualified” examiners had “verified” her fingerprint identifications as part of her crime laboratory’s peer review process and that “there weren’t any issues”;’ (4) excluding testimony and argument that Taron’s mother had motive and opportunity to commit the murders; (5) excluding evidence that the testimony of Donnie and Sharon’s daughter was biased; (6) excluding testimony from Donnie and Sharon’s friend about threatening telephone calls from Taron’s mother and maternal grandmother; and (7) denying mistrial requests three times when the state inadvertently showed witnesses and the jury graphic crime scene photographs of the victims.

No Error in Rejecting Second Degree Felony Murder Jury Instruction

Mr. Blurton first claims that the.trial court erred in refusing to submit his proffered jury' instruction for the lesser included. offense of second degree felony murder because he met the statutory requirements for giving the instruction. In support of this claim, Mr. Blurton cites this Court’s recent decision in State v. Jackson, which held that the trial court is obligated to give a “nested” lesser included offense instruction when “a party timely requests the instruction,” “there is a basis in the evidence for acquitting the defendant of the charged offense,” and “there is a basis in the evidence for convicting the defendant of the lesser included offense for which the instruction is requested.” 433 S.W.3d 390, 396 (Mo. banc 2014). The state maintains the instruction was properly rejected because the instruction was not in proper form or, in the alternative, that Mr. Blur-ton was not prejudiced by the trial court’s rejection of the instruction.

Unlike in Jackson, Mr. Blurton’s offense was not a “nested” lesser included offense, i.e., where the elements of the lesser offense are a subset of the elements of the higher offense. See Jackson, 433 S.W.3d at 404. Instead, Mr. Blurton’s lesser included offense of second degree felony murder required proof of additional facts from those required to prove the higher offense and was “lesser included” by denomination by statute. See section 556.046.1(2); section 565.025.2(l)(a). It is not, however, necessary to address Mr. Blurton’s claim that he was entitled to submission of the lesser included offense of felony murder because a trial court’s rejection of a proffered instruction should be affirmed “[i]f the trial court was correct ... for any reasonf.]” State v. White, 936 S.W.2d 793, 794 (Mo. banc 1997).

At trial, the state objected to Mr. Blur-ton’s tendered second degree felony murder instruction on the ground that it was not in the proper form, stating that it didn’t “believe [the instruction] is in proper form, or has the proper accompanied instructions that are required to be given under the notes on use.” The trial court refused to submit the lesser included instruction because “[t]he for[m], which- the instruction is tendered, is not the proper [form].”⁶ Mr. Blurton did not request to modify his proffered instruction in response to the trial court’s ruling.

A trial court does not err by rejecting an improper jury instruction. State v. Parkhurst, 845 S.W.2d 31, 37 (Mo. banc 1992); see also State v. Immekus, 28 5.W.3d 421, 432-33 (Mo.App.2000); State v. Binningtm, 978 S.W.2d 774, 776 (Mo.App.1998); State v. Powers, 913 S.W.2d 138, 142 (Mo.App.1996); State v. Colson, 926 S.W.2d 879, 883 (Mo.App.1996).

Mr. Blurton submitted a second degree felony murder instruction that stated:

As to Count [I/II/III], if you do not find the defendant guilty of murder in the first degree, you must consider whether he is guilty of murder in the second degree.

As to Count [I/II/III], if you find and believe from the evidénce beyond a reasonable doubt:

First, that after 10:17 PM on the 7th day of June, 2009,' at 802 South Elm, 'Cole Camp, in the County of Benton, State of Missouri, the defendant took property which was owned by Donnie Luetjen and, that defendant did so for the purpose of withholding it from the owner permanently, and that defendant in doing so used physical force on or against [Donnie/Sharon/Taron] for the purpose of preventing resistance to the taking of the property, then you will find that the defendant has committed robbery in the second degree.

However, unless, you find arid believe from the evidence beyond a reasonable doubt each and all of these propositions, you cannot find that the defendant has committed robbery in the second degree.

Second, that [Donnie/Sharon/Taron] was shot and killed,’ and ■

Third, that [Donnie/Sharon/Taron] was killed as a result of the perpetration of that robbery in the second degree,

then you will find the defendant guilty under Count [I/II/III] of murder in the second degree. ■

However, unless you find and believe from the evidence' beyond a reasonable doubt each and all of the propositions, you must find the defendant not guilty of murder in the second degree under this instruction, • but you must then consider whether he is guilty of murder in the second degree under Instruction No._-

Mr. Blurton requested that the trial court submit this instruction in addition to the instructions for first degree murder and conventional second degree murder proffered' by the state. The trial court was correct in its ruling that the instruction was not in the proper form.

The party submitting a second degree felony murder instruction must submit a separate instruction for the underlying felony when the jury is not otherwise, instructed to decide the defendant’s guilt of the underlying felony. Notes on Use 2(b), MAI-CR 3d 314.06. The separate instruction for the underlying felony must be identical to a verdict director for the underlying felony except that it must be modified to state that the jury must find that the defendant “committed” the felony instead of that the defendant is “guilty⁵? of the felony. Id. The first paragraph of the second degree felony murder instruction must then .cross-reference the instruction for the underlying felony. Id.

In his brief to this Court, Mr. Blur-ton admitted that he failed to proffer a separate instruction for the underlying felony of robbery in the second degree. As such, Mr. Blurton’s proffered jury instruction was in an incorrect form insofar- as it violated the Notes on Use for 314.06. The trial court would have erred in giving Mr. Blurton’s incorrect jury- instruction. See State v. Livingston, 801 S.W.2d 344, 348 (Mo. banc 1990) (“The giving of an instruction in violation of the Notes on Use under MAI-CR constitutes error[.]”). Because the trial court is not compelled- to give an incorrect instruction and does not err in refusing a flawed instruction, it is not necessary to consider whether his proffered instruction would have prejudicially confused or misled the jury if submitted. See State v. Jaco, 156 S.W.3d 775, 782. (Mo. banc 2005); see also State v. Derenzy, 89 S.W.3d 472, 475 (Mo. banc 2002).⁷

Mr. Blurton argues, however, that his .failure to proffer a separate jury instruction for the underlying felony of robbery in the second degree is inconsequential because he included “all the elements that would have been in the cross-referenced instruction” in the first paragraph of his proffered second degree felony murder instruction. This assertion is incorrect. As stated above, the trial court does not err in refusing a flawed instruction and, accordingly, this Court need not consider whether the proffered instruction would have prejudicially confused or misled the jury if submitted. Jaco, 156 ■ S.W.3d at 782. But, even' if this Court were to consider the prejudicial effect of the proffered instruction, Mr. Blurton’s proffered instruction would have confused or misled the jury because it did not properly enumerate the elements of robbery in the second degree and did not describe the property alleged to have been taken.

The verdict director for robbery in the second degree requires each element of the felony to be listed in separate enumerated paragraphs. MAI-CR 3d 323.04. Instead of following these requirements, Mr. Blurton included all the elements of robbery in the second degree in the first paragraph of the second degree felony murder instruction without enumerating each element. In doing so, Mr. Blurton’s proffered instruction blurs the distinction between the elements and, therefore, could have confused or misled the jury’s understanding of what .it was required to find beyond a reasonable doubt. Moreover, MAI-CR 3d 323.04 requires a description of the property that the defendant allegedly took. . See also State v. Johnson, 457 S.W.2d 762, 765 (Mo.1970). Mr. Blurton, however, offered no description of the property alleged to have been taken, but instead, merely .stated that the defendant “took property.” Because evidence was presented at trial of various items missing from the Luetjens’ home, including $200 from Mr. Luetjens’ wallet, his change collection from his dresser drawer, his. arrowhead collection, and three guns, this failure to specify the alleged property would not have required the.jury to unanimously find what property Mr. Blurton had taken.

Accordingly, because Mr. Blurton’s tendered instruction was not in proper form, the trial court did not err in rejecting Mr. Blurton’s incorrect second degree felony murder instruction.

No Reversible Error in Admitting or Excluding Evidence

Mr. Blurton further asserts that the trial court abused its discretion in admitting evidence over his objection and excluding evidence he wished to present at trial. Specifically, Mr. Blurton contends that the trial court erred in admitting evidence and testimony from a lay -witness regarding the location of the cell phone towers to which Mr. Blurton’s cell phone connected on the night of the murders and testimony from the state’s fingerprint analyst who described the Missouri state- highway -patrol crime laboratory’s peer review protocol of latent fingerprint analysis as requiring other, “qualified” examiners to “verify” her identifications. He further contends that the trial court erred by excluding: (1) evidence that someone élse had motive or opportunity to commit the crime; (2) testimony from the Luetjens’ daughter that she was concerned- for her safety due to rumors and telephone calls made from Taron’s mother and maternal grandmother; and (3) testimony from the Luetjens’ friend about the telephone calls from Tar-on’s mother and maternal grandmother.

A trial court, has broad discretion to . admit or exclude evidence at trial. State v. Hunt, 451 S.W.3d 261, 263 (Mo. banc 2014). Á trial court’s decision regarding thé exclusion.or admissibility of evidence is reviewed for an abuse of discretion. Id. A trial court abuses its discretion only if its decision to admit or exclude evidence is “clearly against the logic of the circumstances then before the court and is so unreasonable and arbitrary that it shocks the sense of justice and indicates a lack of careful, deliberate consideration.” Lozano v. BNSF Ry. Co., 421 S.W.3d 448, 451 (Mo. banc 2014) (internal quotations omitted). Claims of trial cburt error are reviewed “for prejudice, not mere error.” State v. Clark, 364 S.W.3d 540, 544 (Mo. banc 2012) (internal quotations omitted). This Court will reverse the - trial court’s decision only if there is -a reasonable probability that the error affected the outcome of the trial or deprived the defendant of a fair trial. Id. '

A. Cell Phone,Tower Evidence

Mr. Blurton; first asserts that-the trial court abused its discretion in admitting, over his objection, evidence of the location of the cell phone towers to which his cell phone connected on the night of the murders, June 7, 2009, showing that Mr. Blur-ton was traveling from his home in Gar-nett, Kansas, to Cole Camp. Mr. Blurton asserts that this evidence required an expert witness because it was not within the knowledge or expertise of a lay person.

Expert opinion testimony is required if the witness is testifying “to matters requiring special skill or knowledge and is not within the knowledge or understanding of mankind generally[.]” State v. Eaton, 504 S.W.2d 12, 21 (Mo.1973).. Expert opinion “must be based upon a valid and accepted scientific methodology and assist the trier of fact in the determination of an issue.” Smulls v. State, 71 S.W.3d 138, 150 (Mo. banc 2002). An expert is qualified to provide an expert opinion if “he has knowledge from education or experience which will aid the trier of fact.” State v. Mallett, 732 S.W.2d 527, 537 (Mo. banc 1987). “The qualifications of a witness to render an expert opinion lie'within the trial court’s discretion.” State v. Rutter, 93 S.W.3d 714, 729 (Mo. banc 2002). The trial' court abuses its. discretion in admitting such evidence only “when a ruling is clearly against the logic of the circumstances then before the court and is so arbitrary and unreasonable as to shock the sense of justice and indicate a lack of careful consideration.” Id.

To qualify as an expert in the field of telephone toll analysis, the witness needed to have specialized training and experience that would aid the trier of fact. - As a criminal intelligence analyst for the Missouri highway patrol, the witness routinely performed telephone toll analysis on cell phone calls, including those Mr. Blurton made and received on the night of June 7, 2009. The witness testified that he began working in cellular telephone analysis in 2004 when he worked at the drug enforcement administration as an intelligence analyst. During this time, he went to call analyst training school, where he ’was instructed how to analyze telephone records. After working as an intelligence analyst for three years at the drug enforcement administration, he was promoted to an operations sergeant supervising 12 other intelligence analysts. In 2009, he began working as a criminal intelligence analyst at the Missouri highway patrol.

To perform telephone toll analysis on Mr. Blurton’s calls, the witness first obtained an Excel spreadsheet of Mr. Blur-ton’s cell phone records from the telephone company. After obtaining the records from the telephone company, he then sort-¿d these records to show only those calls made to and from Mr. Blurton’s cell phone around the time of the murders. The record of each call also provided the exact geographic location of the cell tower to which Mr. Blurtori’s cell phone was connected at the beginning and the end of the call. Using this information, the witness then mapped the location of each of these cell towers using a consumer mapping program.- In doing so, he created a map that showed the times of' the calls and their respective cell phone towers.

At trial, Mr. Blurton objected that the witness could not testify “about [the] analysis of [Mr. Blurton’s cell phone] records” because “he’s not a -properly qualified expert” and had “no expertise besides attending this one [training] program.” The trial court overruled this objection. Mr. Blurton also objected that the witness was not properly qualified as an expert in cell phone tower plotting. In overruling this objection the trial court stated that, although the state may not have been offering the witness as an expert, the state showed that his “qualification^] were that he did telephone analysis and telephone toll analysis,” that the state “then described what that' was.” The trial court concluded, therefore, that the witness was “just testifying, like any other clerk ... if they were given an assigned task, and were told how to do the task[.]”

Although, there may have been sufficient evidence in the record before the trial court to, support a finding that the witness was an expert qualified in the field of telephone toll analysis, it was not necessary for the trial court to make such a finding. Missouri courts have held that “[rjeading the coordinates of cell sites from phone records and plotting them on a map is not a scientific procedure or technique” because cell phone records are factual records and no special skill is required to plot these records. State v. Patton, 419 S.W.3d 125, 130 (Mo.App.2013); State v. Ford, 454 S.W.3d 407, 413-14 (Mo.App.2015). Such evidence can be introduced by a lay witness as long as the lay witness confines the testimony to the facts contained in the cell phone records. Patton, 419 S.W.3d at 130. Accordingly, the trial court did not err in admitting the witness’s testimony about his telephone toll analysis of Mr. Blurton’s calls.

Mr. Blurton, nevertheless, asserts that an expert was required in this case because the state introduced evidence regarding the location of Mr. Blurton’s cell phone relative to the-tower to which it connected. The witness admitted that he was not an expert in determining which cell phone tower a cell phone would connect to in a particular location based on weather or terrain and therefore, that, Mr. Blurton’s cell phone could have been located anywhere around “whatever radius the [cell phone] tower was covering[.]”

In this argument, Mr. Blurton relies on prior cases holding that an expert witness is required if the witness attempts to identify the specific location of a defendant in relation to the cell phone tower .to which the defendant’s cell phone connected. Patton, 419 S.W.3d at 130-31. An expert is required because such an identification requires broad inferences due to a cell phone’s ability to connect to a cell tower “as far away as thirty miles or as close as thirty feet” depending on myriad factors such as geography, weather, or the cell phone itself. Id. at 131. Accordingly, to identify the specific location of the defendant based on cell phone tower connections, an expert witness must make “an expansive range of inferences” that requires “the aid of specialized experience or knowledge in the field of cellular communications!.]” Id. at 132.

For example, in Patton, a lay witness testified that at the time of the crime the defendant’s cell phone was connected to a cell tower near- the crime scene. Id. at 129. The defendant alleged that he was at his cousin’s house four miles from the crime scene. Id. at 129, 132. The lay •witness drew the inference that the cell phone records proved the defendant was near the crime scene and not at his cousin’s house because the defendant’s cell phone was connected to the tower closest to the crime scene and not a cell tower near his cousin’s house. Id. at 132. The court of appeals held that the trial court erred in not requiring an. expert to present this evidence when the identification of the defendant near the crime scene and not at his cousin’s house required technical inferences outside a lay. witness’s common knowledge. Id. Likewise, in Ford, a lay witness improperly testified that the defendant was “near the murder scene” because the defendant’s cell phone connected to a nearby tower. 454 S.W.3d at 410-11. Once again, an expert was required. Id. at 414-15.

■ In this case, however, the state did not attempt to show the exact location of Mr. Blurton’s cell 'phone in relation to the cell tower to which his cell phone was connected at the time the calls were made, and the witness did not testify that the cell tower analysis could show that Mr. Blurton was at or near the Luetjens’- house. Rather, the testimony was that “based off the phone associated with Mr. Blurton, the time the calls were made, the cell tower locations, it shows a mode of travel highway 7, up highway 76 — to Cole Camp.” Likewise, during closing argument, the state referenced the map the witness had created to argue the reasonable inference that Mr. Blurton had traveled from Gar-nett, Kansas, to Cole Camp and that his last two cell phone calls “hit off of’ cell phone towers located in Cole Camp.

As discussed above, the witness’s utilization of Mr. B.lurton’s cell phone records to plot the progression of the cell phone towers to which Mr. Blurton’s cell phone connected did not require the special skill or knowledge of an expert. His telephone toll analysis showed both a progression of time between Mr. Blurton’s calls from 8:16 p.m. to 9:59 p.m. on the night of the murders and a corresponding progression of distance as his calls connected to various cell phone towers located along the general route from Garnett to Cole Camp. Unlike in Patton and Ford, in which lay witnesses improperly attempted to pinpoint the defendants’ exact location within a small geographic area, Cole Camp is more than 125 miles away from Garnett, Kansas. ■ ■ Even if Mr. Blurton’s cell phone connected to a cell tower 30 miles away from his actual location at the time of each call, the witness cóuld still reasonably infer Mr. Blur-ton’s general path of travel from Garnett to Cole Camp without using specialized skill or knowledge. Accordingly, the trial court did not abuse its discretion in admitting this evidence and testimony.

B. Fingerprint- Evidence

Mr. Blurton next contends that the trial court abused its discretion in overruling his objection to the testimony of the state’s latent fingerprint analyst. Mr. Blurton objected to the witness’s testimony that the results of her fingerprint analysis had been “verified” by another “qualified” examiner, which made her confident in her conclusions because “there weren’t issues.” Mr. Blurton asserts that this testimony was inadmissible hearsay, a violation of the confrontation clause, and improper bolstering.

Specifically, Mr. Blurton asserts that the trial court erred four times in admitting this testimony. Mr. Blurton’s objections to the witness’s testimony that her results had been “verified” followed his objection that the state had not laid a proper foundation for her identification of the fingerprints found at the crime scene. The questions to the witness, her answers, and Mr. Blurton’s objections, are as follows:

■ First objection:'

Q: And in addition to that, in your lab, do you have a peer review protocol when you make an identification in a case?

A: Yes.

Q: And what is a peer review, what is your peer review protocol?

A: Anytime we have an identification, at least at the time this was, all identifications had to be verified by another examiner going through the same process I did when I compared it and identified it.

Q: And was that, in fact, done in-this case?

A:. Yes, it was.

Q: How many other peer reviewers, if you know. •

A: I had my official, or primary verifier, and I, I believe there were two other individuals, actually.

Following this exchange Mr. Blurton objected on the grounds of Crawford v. Washington, 541 U.S. 36, 53-54, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), which bars the admission of out-of-court testimonial statements of witnesses who do not appear unless they are unavailable to testify. Citing Crawford, Mr. Blurton objected to the witness “relating what other analysts have to say about, about this evidence.” The trial court ruled:

Okay, she should, she should not testify as to what somebody else may have skid anything like that, but' as part of the foundation, the process was that helps her reach her conclusions, I think you’re going to ask her, that will be allowed.

So, the objection to hearsay is sustained. She hadn’t gotten there, but I knew you were anticipating that. Let’s go.

Following the court’s ruling, the state again attempted to question the witness about the peer review protocol.

Second objection:

Q: And, ma’am, the peer review process that you went through, did that help you, I don’t know, feel confident in your conclusions that you reached in this case.

A: Sure.

Q: And don’t, I mean, don’t tell me what these folks concluded, but there weren’t issues, were there?

A: No, there were not.

Defense counsel: Objection, your honor, that question’s, same matter, objection as at the bench, it’s asked the same way, or in a different manner.

Court: Overruled.

Defense counsel: Judge—

Court: Overruled.

Mr. Blurton next objected to the witness’s attempt to identify the second fingerprint found on the white coffee mug at the crime scene.

Third objection:

Q: And did you send this through that same peer review process that you described at the crime lab?

A: Yes.

Defense counsel: Well, objection, your Honor, that’s a violation of Crawford versus Washington.

State: Judge, I—

Court: Sustained as to the form of the question.

Immediately following this exchange, the state, rephrased its question.

Fourth objection:

Q: What is, again, the protocol of the crime lab when you’ve made an identification of a fingerprint? ,. ,

A: It is, it is, excuse me, it’s verified by ' another qualified examiner.

Q: And was—

Defense counsel: Well, objection, may we approach?

Court: Sure.

Defense counsel: This [ ] not only violates Crawford versus Washington, ' but it’s also bolstering.

State: Well, Judge—

Court: Well, overruled as to bolstering. The objection is that there wasn’t a foundation for this particular exhibit. The language chosen by the witness, the use of the word verified, was, in one respect, responsive to the question as to what was the protocol.

***

Defense counsel: —I’m sorry, your Honor, but what it boils down to is that she’s essentially telling this jury ■that somebody else looked at it and said, yes, you’re right, and that’s, that is the message that’s being sent to the jury.

Court: Okay. Would you like for me to instruct the jury to disregard her last answer, and I was only, I’m not overly concerned about it, but the use of the word, verified, by another, I’ll do that, if you’re asking for that.

Defense counsel: Yes, I would request it.

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Defense counsel: Are we waiting until after lunch to instruct the jury to disregard what they heard?

Court: I’ll do it, thank you, I’ll do it right now.

Defense counsel: Thank you.

Court: The last answer of the witness, which was with respect to a protocol followed in the lab regarding forming opinions, the witness offered some information with respect to what some other person may have done or said, and the jury is instructed to disregard that portion of the answer, not to consider it when you retire to deliberate on the cáse.

This record makes clear that the trial court sustained Mr. Blurton’s first, third and fourth objections to the testimony. He did not ask for any further relief. After the fourth objection, the trial court suggested that it could instruct the jury to disregard the answer. Mr. Blurton asked that the trial court do so, and it did. A defendant who has “received the relief he requested ... has no claim of reversible error.” State v. McFadden, 391 S.W.3d 408, 423 (Mo. banc 2013). In none of these instances did Mr. Blurton request that the trial court grant him any additional relief. Accordingly, in response to Mr. Blurton’s first, third, and fourth objections, the trial court granted Mr. Blurton the relief he requested at trial, so there was no trial court error.

With regard to his second objection, Mr. Blurton’s objection was untimely and did not preserve anything for appellate review. Mr. Blurton’s second objection came only after the witness had answered two questions. A trial court’s ruling on an objection is preserved for appellate review only if the objection was timely or the party timely moved to strike the answer. State v. McFadden, 369 S.W.3d 727, 740 (Mo. banc 2012); see also State v. Sykes, 372 S.W.2d 24, 27 (Mo.1963). An objection to testimony must be made at the earliest possible opportunity to allow the trial court to invoke remedial remedies. State v. Borden, 605 S.W.2d 88, 90 (Mo. banc 1980).

Although the trial court overruled Mr. Blurton’s second objection, Mr. Blurton objected only after the witness had completely answered the question: “[D]id [the peer review protocol] help you, I don’t know, feel confident in your conclusions that you reached in this case?” An objection made after a witness gives a responsive answer to an objectionable question is usually not timely. Sykes, 372 S.W.2d at 27. The exception is if the witness answers so quickly that it is impossible to object or if the grounds for the objection become apparent only when the answer is given. State v. Smith, 90 S.W.3d 132, 139 (Mo.App.2002); State v. Evenson, 35 S.W.3d 486, 491-92 (Mo.App.2000); see also State v. Williams, 416 S.W.2d 71, 73 (Mo.1967). In these circumstances, the opposing attorney must object to the answer as soon as possible. Id.

In this case, the grounds for Mr. Blurton’s objection to the witness’s second answer were apparent as soon as the state asked the second question. The question was not open-ended and was little more than a rephrasing of the question immediately preceding it, which the witness had responsively answered. Additionally, admission of testimony over objection is not reversible error if similar questions have previously been asked and answered without objection. State v. Taylor, 408 S.W.2d 8, 11 (Mo.1966); see also State v. Goins, 306 S.W.3d 639, 647 (Mo.App.2010). Just prior to her answer: “No, there were not [issues],” she had answered “sure” to- the state’s question: “[T]he peer review process that you went through, did that help you ... feel confident in your conclusions that you reached in this case.” Mr.- Blur-ton did not object at all to this first answer. Because the witness had already stated that the -review process made -her feel confident in her conclusions, her response to the second question and the grounds for the objection were apparent as soon as the state asked the second question. Accordingly, Mr. Blurton’s second objection was. not timely and preserved nothing for appellate review.

The trial court sustained Mr. Blurton’s first, third and fourth objections and granted him all the relief he requested. Accordingly, the trial court did not err. In the only instance in which the trial court overruled his objection, the trial court did not err because the alleged error was un-preserved due to the untimeliness of the objection and because similar testimony had already been admitted without objection.

C. Evidence that Someone Else Had a Motive or Opportunity to Commit the Crime

Mr. Blurton next asserts that the trial court abused its discretion in partially granting the state’s motion in limine to prohibit Mr. Blurton from arguing or presenting evidence that Taron’s estranged mother could be responsible for the victims’ deaths due to her motive and opportunity to commit the crimes. A pretrial hearing on the motion in limine focused on whether the defense could call the Lu-etjens’' neighbor to testify that she saw Taron’s mother outside' of the Luetjens’ house at 8 p.m.- on the night of the murders. The defense stated that the neighbor would testify' that she saw Taron’s mother “exit the victims’ home, light a cigarette, talk on a- cell phone while pacing back-and-forth for 10-15 minutes, extinguish her cigarette on the-bottom of her shoe, put the cigarette butt in her jeans’ pocket, flip her phone shut, and go back inside thé victims’ home[.]” Mr. Blurton contends that these actions outside the Luetjens’ -house were acts that 'directly connected Taron’s mother to the murders and that he should have been' allowed to argue that she may have been involved in the murders.

In partially sustaining the state’s motion in limine to exclude evidence regarding Taron’s mother’s motive and opportunity to commit the crime, the trial court ruled that Mr. Blurton could present evidence to the jury that Taron’s mother was “at or near the scene of the homicide.” Additionally, the trial court stated that Mr. Blurton could make an offer of proof for any evidence that would directly connect Taron’s mother “with an overt act in the commission of the homicides, rather than her mere presence at the scene sometime prior to the commission of the homicides.” If the trial court ruled favorably on this offer of proof, Mr. Blurton could present this evidencé to the jury alongside argument that Taron’s mother committed the murders. The trial court noted, “This is a motion in limine. It’s an interlocutory order, and can be reviewed[.]”

As correctly stated by the trial court, a ruling on a motion in limine is interlocutory and subject to modification at trial. See State v. Cole, 71 S.W.3d 163, 175 (Mo. banc 2002). Accordingly, a “motion in limine, in and of itself, preserves nothing for appeal.” Id. To preserve this claim of error for appellate review, Mr. Blurton was required to attempt to .present this evidence at trial. See id. . Despite the trial court’s ruling that Mr. Blurton could present testimony regarding Taron’s mother’s presence at the Luetjens’ house,. Mr. Blurton did not attempt to present- any of this evidence at trial by calling either -the neighbor or Taron’s mother to testify or make an offer of proof as to their testimony. Specifically, Mr. Blurton did not attempt to present the neighbor’s testimony that she saw Taron’s mother exit the Lu-etjens’ home at around 8:00 p.m., light a cigarette, talk on her cell phone, place the extinguished cigarette in her pocket, then went inside 10 to 15 minutes later.

Instead, in an attempt to directly connect Taron’s mother to the murders, Mr. Blurton made offers of proof of the testimony of the Luetjens’ daughter, the Lu-etjens’ friend, and a police sergeant. Each offer of proof was made during a recess soon after each had testified. Each took the stand, and Mr. Blurton and the state each had an opportunity to question them. The daughter and the friend both testified that Taron’s mother and maternal grandmother made telephone calls to them after the murders. One of the calls from Tar-on’s maternal grandmother to the friend was threatening insofar as Taron’s maternal grandmother stated that if the friend did not' tell her what had happened to Taron “you’ll end up dead just like her.” The sergeant testified that he had accused Taron’s mother of being involved in the murders during a police interview. She denied these accusations. The sergeant testified that he did not really believe Tar-oris mother was involved in the crime, that throughout the interview Taron’s mother had remained reasonable, had not in any way indicated she was involved, and had agreed to and did take a polygraph test. As is discussed later, Mr. Blurton appeals the trial court’s denial of his offer of proof of the .friend’s testimony. Mr. Blurton does not appeal the trial court’s denial of his offer of proof of the sergeant’s testimony. Because Mr. Blurton did not attempt to present testimony from the neighbor or Taron’s mother at trial or make an offer of proof of their testimony, he did not preserve for appeal his claim that the trial court erred in excluding evidence that Tar-on’s mother had motive and opportunity to commit the crimes.

D. Bias of Victims’ Daughter

Mr. Blurton next contends that the trial court abused its discretion by excluding evidence that the Luetjens’ daughter felt concerned for her safety from- Taron’s mother because of rumors about Taron’s mother and a threatening telephone call from' Taron’s maternal grandmother to the Luetjens’ friend: Mr. Blurton argués that the Luetjens’ daughter’s fear of Taron’s mother may have caused the daughter to be reluctant to identify Taron’s mother’s involvement in the murders. ■ Mr. Blurton further asserts that the daughter’s fear of Taron’s mother may have caused the daughter to feel pressure to -identify Mr. Blurton’s voice in the 911 call. Mr. Blur-ton does not. appeal the trial court’s denial of his offer of proof of the daughter’s testimony on the ground that it would show an overt act from Taron’s mother that directly connected her to the murders. Instead, Mr. Blurt on appeals the trial court’s denial of his offers of proof of the daughter’s testimony on the ground the daughter’s testimony would have shown her bias and motive to testify untruthfully.

After the daughter testified at trial, Mr. Blurton made an offer of proof of her testimony. In the offer of proof, the daughter testified that she was concerned for her safety because two, or three days after the murders she heard rumors that “[Taron’s mother] was going to try to come and take Taron’s body from [them], so [they] couldn’t bury her with [her] family,” The daughter also stated that she was present during a telephone call from Tar-on’s maternal grandmother to the Lu-etjens’ Mend, and although she did not hear the conversation, the friend told her that Taron’s maternal grandmother made a threat “along the lines of something to the effect.of the same .thing [as had happened to Taron] [was] going to happen to [the Mend].”

The state asserts that this is-sue is not preserved, because Mr. Blurton had only argued to the trial court “that he wanted to question [the daughter].as .part of his effort to develop evidence regarding [Taron’s mother] as an alternative suspect” and not that the daughter’s fear of Taron’s mother “might have motivated her to distort or exaggerate her testimony.” For an allegation of error to be preserved for appellate review, the error must be presented to or decided by the trial court. State v. Davis, 348 S.W.3d 768, 770 (Mo. banc 2011). This issue is preserved because, regardless of whether Mr. Blurton expressly offered the daughter’s testimony at trial to show her bias, the trial court ruled on this issue, stating that “[t]hose questions and .answers would be allowed ,. to show bias of this witness against a witness who, I’m assuming m[a]y testify.” After Mr. Blurton stated that he did not intend to call Taron’s mother to testify, however, the trial court reversed its decision.

While the daughter’s proffered testimony could have been relevant to show her motive to testify untruthfully about Taron’s mother, Taron’s mother was not an “issue or personality” in the case. A defendant may cross-examine a witness to “reveal[ ] possible biases, prejudices, or ulterior motives of the witness as they may relate directly to issues or personalities in the case at hand” in an attempt to impeach the witness’s credibility. Davis v. Alaska, 415 U.S. 308, 316, 94 . S.Ct. 1105, 39 L.Ed.2d 347 (1974); see also State v. Johnson, 700 S.W.2d 815, 817 (Mo. banc 1985). Here, the trial court did not err because Mr. Blurton did not call Taron’s mother to testify at trial,, nor did he call -the Lu-etjens’ neighbor who allegedly saw Taron’s mother outside of the Luetjens’ home on the day of the murders. As such, the daughter’s- testimony about the rumors and telephone calls would not have revealed any biases against an issue or personality in the case. See Davis, 415 U.S. at 316, 94 S.Ct. 1105.

In addition to offering the daughter’s testimony to show that her fear of Taron’s mother may have caused her to be‘reluctant to identify Taron’s mother’s involvement in the murders, Mr. Blurton also sought to admit the daughter’s testimony as evidence of her motive to falsely testify about hearing Mr. Blurton’s voice on the 911 call. To be admissible, evidence must be both logically and legally relevant. State v. Taylor, 466 S.W.3d 521; 528 (Mo. banc 2015). “Evidénce is logically relevant if it tends to make the' existence of a .material fact more or less probable.” Id. Evidence is legally relevant when the probative value of the evidence outweighs “unfair prejudice, confusion of the issues, misleading the jury, undue delay, waste of time, or cumulativeness,” Johnson v. State, 406 S.W.3d 892, 902 (Mo. banc 2013) (internal quotations omitted). A trial court may “limit or exclude the use of impeachment evidence whose prejudicial effect far out-distances its value to the jury as an aid for determining credibility.” Johnson, 700 S.W.2d at 818..

Mr. Blurton presented no evidence that linked the daughter’s fear of Taron’s mother to a motive for her to falsely- identify Mr. Blurton’s voice on the 911 call. The daughter’s testimony of her fear, therefore, was, of tenuous logical relevance to show that the daughter had a motive to falsely accuse Mr. Blurton. Accordingly, the trial court did not abuse its discretion in excluding this testimony. The Luetjens’ daughter’s testimony about Taron’s .mother-would have been of little probative value to assist the jury in determining the daughter’s credibility and would likely have confused the issues or misled the jury. Johnson, 406 S.W.3d at 902.

E. Evidence of Threatening Telephone Calls

Mr. Blurton also asserts that the trial court abused its discretion when it excluded ■ testimony from the Luetjens’ friend about telephone calls from Taron’s mother and maternal grandmother. Mr. Blurton contends that this testimony would have confirmed and corroborated the daughter’s testimony that she felt concerned for her safety because- of the telephone calls and rumors about Taron’s mother and the Lu-etjens’ friend’s testimony would have supT ported the testimony of a neighbor abput seeing Taron’s mother outside of the Lu-etjens’ home on the day of the murders.

The state argues that this issue is not preserved because Mr. Blurton never presented these theories of admissibility to the trial court. For an allegation of error to be preserved for appellate review, the error must be presented to or decided by the trial court. Davis, 348 S.W.3d at 770. Regardless of Mr. Blurton’s failure to specify why he was offering the friend’s testimony, the trial court expressly ruled on whether that testimony was admissible as evidence related to whether Taron’s mother may have committed an overt act that directly connected her with the murders or as relevant to the Luetjens’ daughter’s fear of Taron’s mother. In its objection to the daughter’s offer of proof, the state objected to the friend’s testimony because the state argued that it was being offered to support the argument that Tar-on’s mother had motive or opportunity to commit the murders - and because the threat had come from Taron’s maternal grandmother and not directly from Taron’s mother. The trial court expréssly denied the offer of- proof for these same reasons. Accordingly, because these theories of admissibility were decided by the trial court, this issue is preserved.

After the friend testified at trial, Mr. Blurton made an offer of proof of her testimony. In the offer of proof, she testified that on the' day the Luetjens’ bodies were discovered, her sister had a conversation -with Taron’s mother and the friend had several conversations with Taron’s maternal grandmother. The friend testified that Taron’s maternal grandmother called her to ask what had happened to Taron, her granddaughter. The friend did not disclose any information: During one of these calls to her, Taron’s maternal grandmother stated: “If you do not tell' me about my granddaughter, you’ll end up dead just like her.” The friend also overheard the conversation her sister had with Taron’s mother. She overheard her sister tell Taron’s mother to call the sheriffs office to find out what happened to Taron and heard her sister refuse to provide Taron’s mother with any additional information. The friend’s sister told the friend that Taron’s mother then hung up the telephone.

As noted previously, to be admissible, evidence must be both logically and legally relevant. Taylor, 466 S.W.3d at 528. “Evidence is logically relevant if it tends to make the existence of a material fact more or less probable.” Id. Evidence is legally relevant when the probative value of the evidence outweighs “unfair prejudice, confusion of the issues, misleading the jury, undue delay; waste of time, or cumulativeness.” Johnson, 406 S.W.3d at 902 (internal quotations omitted).

The proffered testimony was not logically relevant to any material fact at issue in the case at trial. The trial court properly excluded the Luetjens’ daughter’s testimony that she feared Taron’s mother and that the daughter was with the friend and her sister when Taron’s mother and maternal grandmother made the telephone calls to them. The trial court ruled that this evidence was not relevant. Because the daughter’s proffered testimony was properly excluded, the neighbor’s testimony was not relevant without the daughter’s testimony. - Additionally, because Mr. Blurton did not attempt to call the neighbor who allegedly saw Taron’s mother outside the Luetjens’ home on the day of-the murders as a witness at trial, the friend’s testimony was not relevant without the neighbor’s testimony. Accordingly, the trial court did not abuse its discretion in denying the friend’s offer of proof.

No Error Rejecting Mistrial Request

In his final claim of error, Mr. Blurton asserts that the trial court abused- its discretion in denying his requests for a mistrial after the state inadvertently showed three separate witnesses and -the jury graphic crime scene photographs of the victims when the state was calling up photographs on a PowerPoint presentation. Mr. Blurton contends this evidentiary error warranted a mistrial because the unexpected viewing of the gruesome photographs “triggered excess emotions against [Mr. Blurton]” and “caused [Mr. Blurton’s] sentence to be imposed under the influence of passion.”

Although the-trial court had the discretion to grant Mr. Blurton’s mistrial requests, a mistrial “is a drastic remedy and should be employed only in the most extraordinary circumstances.” State v. Taylor, 298 S.W.3d 482, 512 (Mo. banc 2009) (internal quotations omitted). “This decision is left to the discretion of the trial court, as it is in the best position to determine whether the incident had a prejudicial effect on the jury.” State v. Ward, 242 S.W.3d 698, 704 (Mo. banc 2008). A trial court-abuses its discretion to grant a mistrial only if “its ruling is clearly against the logic of the- circumstances before it and when the ruling is so arbitrary and unreasonable as to shock the appellate court’s sense of justice and indicate a lack of careful consideration.” Id. A mistrial should only be used “in those extraordinary circumstances in which the prejudice to the • defendant cannot otherwise be removed.” Id. A trial court may also grant a mistrial if the evidentiary, error is intentionally injected into the trial. State v. Aguilar, 478 S.W.2d 351, 355 (Mo.1972).

During the state’s direct examination of the Luetjens’ daughter, the state first inadvertently showed her a photograph of the bound hands of one of the victims instead of a photograph of a vehicle owned by the Luetjens. An investigator in the public defender’s office testified at a hearing on Mr. Blurton’s motion for a new trial that several jurors reacted tb the photographs by jolting or leaning forward in their chairs, covering their mouths, or widening their eyes. One juror also said an expletive.' Mr. Blurton almost immediately asked the trial court to approach the bench. During the sidebar, the state explained that all of its photographs were organized into a PowerPoint presentation on a laptop computer, which was then displayed on a' large television screen in the courtroom. To access a photograph, the state would type in the photograph’s exhibit number and then press enter. The state had inadvertently displayed the incorrect photograph when it either typed in the incorrect exhibit number or had typed in a number, did not press enter, then typed in another number. After seeing the photograph, the daughter began to. cry while on the stand in view of the jury. Mr, Blurton requested a mistrial, which the trial .court denied. Mr. Blurton also asked the trial court to grant a recess'to allow the daughter to compose herself, which the trial court also denied after asking the daughter if she wanted to take a break and she declined.

The state then inadvertently showed the daughter’s ex-husband a series of crime scene photographs in rapid fashion when it attempted to display a photograph of the Luetjens’ house. The investigator testified that the jury reacted less than it had when the first photograph was inadvertently displayed but that a few of the jurors leaned forward, covered their mouth with their hands, or lowered their heads. This time the state explained that it started with the first photograph on the PowerPoint presentation and rapidly flipped through 12 photographs, until it reached the correct photograph. Mr. . Blurton again requested a mistrial arguing it was “highly inflammatory for. [the photographs] to be shown to the jury in that type of fashion.” The trial court denied Mr. Blurton’s request.

Lastly, the state inadvertently showed a photograph of Donnie’s body to Donnie’s acquaintance for three or four seconds. The investigator testified that, although there may have been some reaction by the jurors, the reactions were not clearly evident this time. Mr. Blurton moved for a mistrial, asserting that the photographs had a “negative effect on [the] jury.” The trial court denied the request for a mistrial. After this denial, Mr. Blurton requested the trial court to instruct the jury to disregard the photographs. When the trial court agreed to do so, Mr; Blurton withdrew the request before the trial court could act because he was afraid that “if the court says anything, it’s just going to highlight it here even more than it’s happened.” The trial court then asked the state if it could show the photographs in paper or poster form instead of using the PowerPoint, and the state agreed to do so. Before allowing the state to resume its direct examination, the trial court warped that it “really [didn’t] want it to happen again either”’

The state’s inadvertent publication of the crime scene photographs did not require the extreme remedy of a mistrial. Mr. Blurton presents no evidence that the state intentionally showed the Luetjens’ daughter or the other witnesses the photographs. Additionally, -all of the photographs inadvertently shown either had been- or were later admitted into evidence and shown to- the jury. Although the photographs were gruesome and may have triggered emotions from the jury, the photographs were gruesome “because the crime itself was gruesome.” State v. Johnson, 244 S.W.3d 144, 161 (Mo. banc 2008). “Gruesome crimes produce gruesome, yet probative, photographs, and a defendant may not escape the brutality of his own actions.” State v. Strong, 142 S.W.3d 702, 721 (Mo. banc 2004) (internal quotations omitted). Moreover, Mr. Blurton declined the trial court’s offer to instruct the jury, to disregard the photographs in an attempt to remove any prejudicial effect through means other than a mistrial. Accordingly, the trial court did not abuse its discretion in denying Mr. Blurton’s, mistrial requests. because the ruling was not against the logic of the circumstances and showed careful consideration and an attempt.by the trial court to remove .any potential prejudice.

Death Sentence is Not Excessive or Disproportional

Although not requested by Mr. Blurton, this'Court is required by section 565.035 to independently review Mr. Blurton’s death sentence. In its review, this Court determines: ’’

(1) Whether' the sentence of death was imposed under the influence of passion, 'prejudice, or any other arbitrary factor; and

(2) Whether the evidence supports the jury’s or judge’s finding of a statutory aggravating circumstance as enumerated in subsection 2 of.section 565.032 and .any other circumstances, found;

(3) Whether the. sentence of death is excessive or disproportionate to the ’ penalty imposed , in similar cases, considering both the crime, the strength of the evidence and the defendant.

Section 565.035.3.

First, nothing in the record suggests' that the jury recommended the death penalty under the influence of passion, prejudice, or any'arbitrary factor. Second, the jury found the following statutory aggravators: (1) Mr. Blurton • had a prior serious assaultive conviction; (2) each murder was committed while he was engaged in the commission:, of two other murders;- and (3) the murders involved depravity of mind and, as a result, the murders were outrageously and wantonly vile, horrible, and inhuman insofar as each victim was bound or otherwise rendered helpless and, therefore, Mr. Blurton exhibited a callous disregard for the sanctity of all human life. Each of these statutory aggravators was supported in the record.

Lastly, Mr. Blurton’s sentence is proportional to the penalty imposed in similar cases, considering the crime, the strength of the evidence and the defendant. In a factually similar case, the death penalty was imposed when the defendant murdered an elderly victim who had her hands bound, had been shot in the head, and was robbed. State v. Ramsey, 864 S.W.2d 320, 325-27 (Mo. banc 1993). The death penalty has been imposed when the defendant has rendered his' victim helpless before murdering the victim. McFadden, 369 S.W.3d at 754-55; State v. Anderson, 306 S.W.3d 529, 544 (Mo. banc 2010); State v. Tisius, 92 S.W.3d 751, 766 (Mo. banc 2002). This Court has affirmed sentences of death in cases when the defendant had one prior serious assaultive conviction. State v. Hosier, 454 S.W.3d 883, 891, 900 (Mo. banc 2015); State v. Sidebottom, 753 S.W.2d 915, 926 (Mo. banc 1988); State v. Kinder, 942 S.W.2d 313, 331-32 (Mo. banc 1996). The death penalty has been imposed when the defendant has murdered moré than one person. State v. Driskill, 459 S.W.3d 412, 432-33 (Mo. banc 2015); Hosier, 454 S.W.3d at 899-900; State v. Wolfe, 13 S.W.3d 248, 265 (Mo. banc 2000), abrogated on other grounds by Mitchell v. Kardesch, 313 S.W.3d 667, 670 (Mo. banc 2010); State v. Johnson, 968 S.W.2d 123, 135 (Mo. banc 1998); State v. Mease, 842 S.W.2d 98, 102 (Mo. banc 1992). The death’ penalty has been imposed when the defendant murdered at least one victim and perpetrated a robbery or burglary. Driskill, 459 S.W.3d at 432; State v. Deck, 303 S.W.3d 527, 532-33 (Mo. banc 2010); State v. Gilbert, 103 S.W.3d 743, 745-46 (Mo. banc 2003); State v. Williams, 97 S,W.3d 462, 466-67, 475 (Mo,, banc 2003).

After considering all the. statutory factors, -the imposition of the death penalty for Mr. Blurton’s murder convictions was not excessive or disproportionate to the penalty imposed in similar cases.

Conclusion

Mr. Blurton’s requested jury instruction on the statutory lesser included offense of felony murder did not properly conform to the requirements in Notes on Use 2(b) of MAI-CR 3d 314.06, and the trial court was not obligated to submit an incorrect instruction. The trial court did not err in refusing to submit an improper instruction to the jury.

The trial court also did not err in admitting evidence at trial over Mr. Blurton’s objection. The trial court properly admitted testimony regarding the location of the cell phone towers to which Mr. Blurtoris cell phone connected on the night of the murders, including his testimony that this analysis showed Mr. Blurton’s cell phone traveling on a path from his home in Gar-nett, Kansas, to Cole Camp. The witness’s testimony of his telephone toll analysis of Mr. Blurtoris cell phone calls did not require expert testimony because his testimony was within the realm of a layperson. Moreover, his statement that this analysis showed-Mr. Blurtoris general path of travel was based only on common inferences within the.realm of the ordinary experiences of a layperson. The trial court also did not err in admitting testimony from the state’s fingerprint analyst that her conclusions had been verified by other analysts. The trial court sustained three of Mr. Blurtoris objections and granted him all the relief he sought, and, in the only instance in which his objection was overruled, the trial court did not err because Mr. Blurtoris objection was untimely and similar testimony had already been admitted without objection.

The trial court also did not err in excluding evidence at trial. Mr. Blurtoris claim that the trial court erred in excluding evidence of Taroris mother’s presence outside the Luetjens’ home on the day of the murders was not preserved because Mr. Blurton did not attempt to present this evidence at trial.. The trial court did not abuse its discretion in excluding the Lu-etjens’ daughter’s testimony' about being fearful of Taroris mother due to rumors and a threatening telephone call to the Luetjens’ friend because this testimony was not logically relevant to show the daughter’s bias against or motive to testify untruthfully about Taroris mother when Taroris mother was not a “personality” in the case or even called as a witness at trial and was of little probative value to show the daughter’s motive to falsely identify Mr. Blurton on the 911 call. The trial court did not abuse its discretion in excluding testimony from the Luetjens’ friend about telephone calls from Taroris mother and maternal grandmother because this testimony would have only been admissible to support testimony that the trial court properly excluded or that Mr. Blurton did not offer at trial.

The trial court also did'not err in rejecting Mr. Blurtoris mistrial requests after the state inadvertently showed gruesome photographs from the crime scene during the testimony of three witnesses. No evidence was presented that the state intentionally showed these photographs to the Luetjens’ friends or family.. Moreover, all of these photographs were later shown to the jury, they were gruesome because the crime was gruesome, and Mr. Blurton declined the trial court’s offer to instruct the jury to disregard the photographs.

An independent review by this Court finds that the record does not show that the death sentences were imposed under the influence of passion, prejudice or any arbitrary factor. Additionally, the evidence supports the jury’s finding that Mr. Blurton had a prior serious assaultive conviction, that each murder was committed while he was engaged in the commission of two other murders, and that-the murders involved a depravity of mind and, as a result, the murders were outrageously and wantonly vile, horrible, and inhuman. Moreover, this Court finds that Mr. Blur-ton’s sentence was not excessive or disproportionate to the penalty imposed in similar cases.

Accordingly, the judgment is affirmed.

Russell, J., concurs; Fischer, J., concurs in separate opinion filed; Wilson, J., concurs in opinion of Fischer, J,; Draper, J., concurs in result in separate opinion filed; Stith and Teitelman, JJ., concur in opinion of Draper, J.

1 . All statutory references are to RSMo 2000 unless otherwise indicated.

2 . Taron lived with the Luetjens after her father, the Luetjens’ son, died in a car accident in 1993 when Taron was a few weeks old. The Luetjens were awarded custody rather than Taron’s mother. Because Donnie, Sharon, and Taron share the same surname, each will be referred to by his or her first name to avoid confusion. No disrespect is intended.

3 . The Luetjens' daughter testified that she was 80 percent certain that the male voice was Mr. Blurton’s when she listened to the original 911 recording. Her certainty increased to 90 percent when she later listened to an enhanced recording that had some of the background noise filtered out. Her certainty increased to 100 percent when she listened to a further enhanced recording prior to trial. When Mr. Blurton's girlfriend listened to the original 911 recording, she did not recognize any voices at first, After listening to the original recording again, she testified she wás almost positive she recognized Mr. Blurton's voice and stated, "Oh, my God, I can't believe that’s him.” When she later listened to the enhanced recording, she testified that there was not any doubt that the voice was Mr. Blurton's.

4 . The DNA profile found on the white coffee cup that was consistent with Mr. Blurton’s • DNA had a frequency of one in 4.968 quadrillion in the Caucasian population.

5 . In 1988, Mr. Blurton was convicted of robbery in the first degree and sentenced to 15 years in prison. Under section 569.020, "[a] person commits the offense of robbery in the first degree when he forcibly steals property and .., [clauses serious physical injury to any person!,] • • • [⅞ armed with a deadly weapon ■ ... or ... [ujses or threatens the immediate use of a dangerous instrument against any person[.]”- Robbery in the first degree is "by definition" a serifcms assaultive conviction even when, evidence of the "nature of the assault included in the robbery” is not sub- • mitted to the jury insofar ás it "involves serious physical injury, a dangerous instrument, or a deadly weapon.” State v. Amrine, 741 S.W.2d 665, 672 (Mo. banc 1987) (internal quotations and citations' omitted); see also State v. Brooks, 960 S.W.2d 479, 496 (Mo. banc 1997),

6 . The trial court also .stated that it was refusing Mr. Blurton’s second degree felony murder instruction because the state had not charged Mr. Blurton with the underlying felony of robbery in the second degree, robbery in the second degree was inconsistent with Mr. Blurton’s alibi defense, and the facts in evidence did not support a felony murder instruction. Although Mr. Blurton claims these grounds for the trial court ruling were erroneous, it is unnecessary to consider these alleged errors where the trial court’s ruling can be affirmed on other grounds. See White, 936 S.W.2d at 794. . .

7 . In Derenzy, 89 S.W.3d at 475, this Court held that, although a trial court’s rejection of an incorrectly worded lesser included offense instruction proffered by the defendant was “not error,” the trial court's failure to correct and submit a properly worded instruction was nonetheless plain error resulting -in "manifest injustice.” As reasoning for its decision, Derenzy cited. Rule 28.02(a), which requires a trial court to "instruct the jury in writing upon all questions of law arising in the case that are necessary for their information in giving the verdict.” Rule 28.02(a) applies to those instructions that are mandatory even if not requested by the defendant. The lesser included instruction at issue in Derenzy, however, was not an instruction that was necessary for the jury’s information, i.e., a mandatory instruction. A non-mandatory lesser included instruction is governed by Rule 28.02(b), which requires counsel to "submit to' the court instructions and verdict forms that the party requests be given.” (Emphasis added). The rationale applied by the Court in Derenzy to find that the trial court plainly erred in not correcting and submitting a properly worded instruction should apply only when an instruction is mandatory, even when not requested. In this case, as in Der-enzy, the lesser included instruction is an instruction that must be requested rather than an instruction the trial court is mandated to' give. See Jackson, 433 S.W.3d at 396. Therefore, the provision in Rule 28.02(a) cited by this Court in Derenzy does not support its conclusion that the trial court plainly erred in not correcting the defendant’s improperly worded lesser included jury instruction and is at odds with this Court’s usual rule that the trial court does not commit reversible error by refusing to give an incorrect instruction. Parkhurst, 845 S.W.2d at 37; see also Immekus, 28 S.W.3d at 432-33; Binnington, 978 S.W.2d at 776; Powers, 913 S.W.2d at 142; Colson, 926 S.W.2d at 883. The trial court, here, was not obligated to correct and submit a properly worded lesser included felony murder instruction.

1 . It is clear Jackson dealt only with "nested” lesser-included offenses:

The question presented in this case is whether the trial court can refuse to give a lesser included offense instruction requested by the defendant under section 556.046 when the lesser offense consists of a subset of the elements of the charged offense and the differential element (i.e., the element required for the charged offense but not for the lesser offense) is one on which the state bears the burden of proof. The answer, unequivocally, is no.

433 S.W.3d at 392.

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[T]he jury’s right to disbelieve all or any part of the evidence,, and its right to refuse to draw any needed inference, is a sufficient basis in the evidence to justify giving any lesser included offense instruction when the offenses are separated only by one differential element for which the state bears the burden of proof. Id. at 401.

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When dealing with "nested” lesser included offenses ... "it is impossible to commit the greater without necessarily committing the lesser.”

Id. at 404 (emphasis in original).

5 . But even assuming it was an error, the State, as it did in McLaughlin, Hall, Kinder, and Griffin, has overcome the presumption of prejudice.