concurs in result:
¶ 1 I agree that Slaughter’s convictions and sentences of death should be affirmed. I write separately to briefly address three points. First, while I agree that the Oklahoma death penalty statutes are constitutional, I do not join in the majority’s rationale therefor as stated in this opinion. Second, the opinion devotes almost thirty pages to a discussion of prosecutorial misconduct. I believe this opinion is too long, and this is among the sections that could be cut. This was a hard-fought case with outstanding attorneys on both sides. On occasion each side may have crossed the line but, reviewing all the allegations, I find there is no reversible error.
¶ 2 Finally, I disagree with the majority’s decision that some hearsay testimony of Cynthia Johnson was admissible as an excited utterance. I believe her telephone conversation with the OSBI was appropriately admitted as an excited utterance, but that her subsequent conversation with her friend was not made while Johnson was under the stress of excitement. However, the evidence was relevant and otherwise admissible, and Johnson was certainly unavailable as a witness. After reviewing the record, I believe these statements were admissible under 12 O.S. 1991, § 2804(B).
¶3 I am authorized to state that Judge Lane joins in this vote.