concurring.
While I concur in the result reached by the majority, I respectfully differ with its rationale supporting the disposition of several of Appellant’s claims, including the following.
First, I view the resolution of Appellant’s claim that the trial court abused its discretion in consolidating for trial the charges arising from the three separate homicides as a closer case than does the majority. See Majority Opinion at 189-91, *258864 A.2d at 481 (“[I]t is difficult to conceive of any situation where the propriety of joinder could be clearer.” (citation omitted)). In dismissing fairly substantial differences between the murders in terms of time, location, method, and victim characteristics, the majority relies on some fairly broad generalizations, for example, categorizing separate killings involving bludgeoning, strangulation, and stabbing under a single category of murder at close range by hand or hand-held instrument. Along similar lines, the majority emphasizes general locale (the east side of Allentown) to the exclusion of any express consideration of the substantial differences in the individual crime scenes; for example, the killing of Ms. Schmoyer involved abduction to a secluded, outside location, whereas, the other victims were killed in their homes.
In Commonwealth v. Morris, 493 Pa. 164, 425 A.2d 715 (1981), the Court conditioned consolidation of offenses under an identity justification upon a fairly strict requirement of distinctive modus operandi, requiring “such a high correlation in the details of the crimes that proof that the defendant committed one makes it very unlikely that anyone else but the defendant committed the others.” Id. at 176, 425 A.2d at 721. See generally Leonard Packel and Ann Bowen Poulin, Pennsylvania Evidence 404-9(6) (2d ed. 1999) (discussing the “signature” aspect of the use of other acts evidence to prove identity via modus operandi). In doing so, the Court specifically rejected an approach that would be limited to a demonstration that the crimes were merely of the same class (here, rape/murder) to support their joinder. See id. Although I view the similarities identified by the majority as minimally sufficient to implicate an exercise of discretion on the part of the trial court in consolidating these offenses, it is my position that the case tests the outer boundaries of Morris.1
*259Second, and particularly in light of the trial court’s decision to try the crimes jointly, the case was a strong candidate for a change of venue or venire. Of the 159 venirepersons who were questioned, a negative response to questions probing media exposure was the rare exception. The prejudicial character of the publicity is also apparent from voir dire responses.2 Indeed, the trial judges involved made various acknowl*260edgments concerning the notoriety of the case, see, e.g., N.T., at 1799, and their efforts to diffuse the effect of the coverage were also apparent throughout the voir dire process. See, e.g., N.T. (voir dire), at 1278 (“We cant let people be judged guilty or innocent by what the Morning Call says.”); id. at 2167 (“You would be tried, and tarred and feathered in the newspaper. And I can tell you from personal experience, the paper is often wrong in not reporting it straight.”).
Like the severance question, I therefore view this issue as a close one in terms of whether the trial court exceeded the outer boundaries of its discretion, and would caution that careful consideration should be given, in circumstances involving highly publicized, notorious, alleged serial crimes, to a defense request for a change in venue in order to ensure a fair trial. Ultimately, however, I concur with the majority that the present verdict need not be disturbed on this ground, given the existence of a cooling-off period,3 and based on the *261trial court’s extensive efforts to screen out venirepersons whose opinions were fixed.4
Third, I differ with the majority’s characterization that all of the requirements of Commonwealth v. Smoyer, 505 Pa. 83, 476 A.2d 1304 (1984), were satisfied in relation to the hypnotically-refreshed testimony of Denise Sam-Cali, see Majority Opinion at 217-19, 864 A.2d at 498, particularly since the analysis that follows this statement assumes that this was not in fact the case. See Majority Opinion at 219-21, 864 A.2d at 499. Indeed, since Ms. Sam-Cali’s testimony relating to the sexual nature of her attack was derived solely from the hypnotic session, it was plainly inadmissible under Smoyer’s second criterion. See Smoyer, 505 Pa. at 87, 476 A.2d at 1306. Notably, the trial court acknowledged as much. See Opinion on Post-Sentence Motions, slip op. at 33 (finding that, aside from the notice requirement, none of the other Smoyer requirements were satisfied). I also have difficulty with the majority’s finding of neutrality for purposes of Smoyer on the part of a hypnotist who is a member of the law enforcement community. See Majority Opinion at 221-24, 864 A.2d at 500-01. I am in agreement, however, with the majority’s determination that Appellant has failed to establish sufficient preju*262dice in relation to the Smoyer claims to demonstrate an entitlement to relief. See id. at 222-24, 864 A.2d at 501.
Next, to the extent that the majority’s disposition of Appellant’s claim of ineffective assistance of counsel in failing to develop mitigating evidence falling under the catch-all mitigator suggests a quantitative analysis, see Majority Opinion at 232-34, 864 A.2d at 507 (“We cannot find trial counsel ineffective for achieving exactly what Appellant alleges that they failed to do—establish the existence of the catch all mitigator.”); see also id. at 237-39, 864 A.2d at 510, I disagree with this approach. The weight of the evidence presented, and not the ability to “count” the catch-all mitigator, is the dispositive factor in the death penalty statutes qualitative approach to the selection determination in capital sentencing. See generally 42 Pa.C.S. 9711(c)(4). Accordingly, and in light of the broad range of mitigation evidence which may fall under the umbrella of the catch-all circumstance, I believe that the ineffectiveness inquiry pertaining to the asserted failure to present adequate mitigation should generally entail a comparison of the mitigation evidence that was presented in the penalty phase of trial in relation to that which the defendant later claims should have been presented. Accord Commonwealth v. Williams, 557 Pa. 207, 248, 732 A.2d 1167, 1189 (1999) (implementing this comparative approach in relation to the reasonable strategy prong of the ineffectiveness inquiry).
Applying this approach, however, I agree with the majority’s ultimate determination that Appellant is not entitled to post-sentence relief on this claim. At trial, counsel presented friends and family members who testified that Appellant was loyal, helpful, and companionable. Trial counsel also presented testimony from Appellant’s brother, who testified to his conversion to Islam and positive developments arising in his life as a result, and prison authorities who testified to Appellant’s positive prison record. Further, trial counsel attempted to demonstrate hardship faced by Appellant affecting his emotional and social development, including testimony from family members concerning his father’s alcoholism, aggressiveness, and abusiveness, as well as the history of interven*263tion efforts such as special educational classes and juvenile placements, directed to addressing his disturbance in this regard. Trial counsel also presented testimony from a psychiatrist regarding his difficulties arising from drug and alcohol abuse and an anti-social personality disorder.
Appellant contends that defense counsel was ineffective for failing to present numerous witnesses (including educators, counselors, officials, and friends), who would have attested as to his good character, non-violent propensities, and family background, as well as multiple documents demonstrating his achievements in and connection to the community. A good portion of this evidence, however, is cumulative of what was presented during the penalty phase. To the extent that additional information is supplied, upon review, I do not consider it is as being of such a character or weight that it would have likely affected the penalty verdict, particularly taking into consideration the evidence that was actually presented. Additionally, deference is due to the common pleas court’s acceptance of counsel’s testimony that there was a strategic decision to curtail the presentation of character-based evidence, in light of substantial rebuttal evidence that was available to the Commonwealth. See Opinion on Post-Sentence Motions, slip op. at 56-57.
Next, I do not subscribe to the view that Appellant’s claim relative to the evidence of torture adduced in the penalty-phase of trial is moot, in light of the vacation of his sentences in relation to the killings of Ms. Burghardt and Ms. Schmoyer. See Majority Opinion at 241^12, 864 A.2d at 512. The problem of potential spillover prejudice implicated by this claim is precisely the reason for the Morris Court’s careful circumscription of consolidation of criminal offenses, see Morris, 493 Pa. at 176, 425 A.2d at 720, and I would not therefore reject out of hand the claim that such prejudice may have ensued in a case in which a defense request for severance has been denied, particularly where the claimed spillover relates to a subject as inherently prejudicial as torture. Moreover, the Court has an independent obligation in capital cases to review the record to ensure that the verdict was not the product of *264passion, prejudice, or any other arbitrary factor. See 42 Pa.C.S. § 9711(h)(3). As this particular claim touches on the Court’s statutory obligations in this regard, again, I believe that merits review is implicated. On such review of the record, however, I am satisfied that the jury performed its duties as instructed in relation to Appellant’s claim as framed.5
Finally, I differ with the majority’s analysis of Appellant’s claim that his counsel were ineffective for failing to object to the prosecutor’s improper references to Appellant’s exercise of his Fifth Amendment right to remain silent during its penalty phase summation. In this respect, I do not regard statements that “we have not heard any remorse,” N.T., at 2706, “[w]e have not heard any calling for the victims,” id. at 2706-07, “[h]e sits there, to some degree, like a sphinx,” id. at 2707, and “[t]hink about whether or not there is any remorse,” id., as indirect or fleeting. If repeated, explicit references to a defendant’s failure to make himself heard at trial were not
*265sufficient to constitute direct references to his silence, the invocation of the image of a sphinx relative to such failure surely is. Moreover, the Court has recently repudiated its decisions that approved similar commentary (for example, Commonwealth v. Lester, 554 Pa. 644, 669-70, 722 A.2d 997, 1009 (1998)), to the extent that such decisions were based on an erroneous position that the Fifth Amendment was inoperative in the penalty phase of a capital trial. See Commonwealth v. Freeman, 573 Pa. 532, 573-74, 827 A.2d 385, 410 (2003).6
Accordingly, I would hold that the relevant and controlling difference arises out of the burden of establishing prejudice allocable to Appellant (since the issue here arises in the form of an unpreserved claim of prosecutorial misconduct), as compared to the burden on the Commonwealth to establish harmlessness beyond a reasonable doubt relative to preserved claims of trial error. See generally Commonwealth v. Howard, 538 Pa. 86, 99-100, 645 A.2d 1300, 1307-08 (1994) (distinguishing between prejudice and harmless error review).
. Also in tension with Morris is the majority’s reliance on evidence discretely proving each offense individually, for example, the presence of Appellant’s DNA at each crime scene, to bolster its consolidation analysis. The presence of semen at each of three rape/murder scenes is not, in and of itself, reflective of a distinct method of operation any more than, for example, a fingerprint would be; rather, it is the discrete process of identification of the individual DNA samples found at each crime scene that creates the compelling comparison. The *259majority opinion also appears to incorporate a tendency in the decisional law to conflate the “identity” and “common scheme or plan” exceptions to the general rule against consolidation. See Majority Opinion at 193-94, 864 A.2d at 483. My preference, however, would be to preserve the distinctions that arise out of the design and function of the exceptions. See generally Packel and Poulin, Pennsylvania Evidence 404-9(5), (6) (explaining the relevant distinctions).
Finally, it should also be noted that the admission of other acts evidence requires an assessment of the probative value of the evidence versus its prejudicial effect. See Commonwealth v. Billa, 521 Pa. 168, 177-78, 555 A.2d 835, 840 (1989); accord Pa.R.E. 404(b)(3). Applying this analysis, again, I view this as a very close case in terms of the trial court's judgment in permitting the joinder, particularly in a capital case in which it was known that the jurors would be called upon to assess different aggravating circumstances in relation to the separate crimes. Moreover, a demonstration of an evidentiary need is integral to the probative value versus prejudicial effect assessment. See Billa, 521 Pa. at 178, 555 A.2d at 840. Here, the joinder was premised, in significant part, as bearing upon the perpetrator’s identity. The existence of DNA evidence in relation to each separate offense, however, diminishes the value of, and accordingly the necessity for, joinder (and the admission of other crimes evidence) in this regard.
. See, e.g., N.T. (voir dire), at 227 ("Well, when you read it and then you see it on T.V., and everybody is condemning a person, you figure he’s actually guilty.”); id. at 356 (“Well, what I've done-from what I’ve read and everything else, I feel he's guilty right off the bat.”); id. at 677 (Well, ... based on articles in the newspaper and the television and everything leads up, I thought, to his guilt.”); id. at 849 (opining that Appellant was guilty “[ajfter reading yesterday's paper, yes, I did”); id. at 1042 (expressing the opinion that the venireperson could not be fair and impartial "[bjecause of the newspaper media, everything I have read and heard”); id. at 1088 (expressing the opinion, based on television and newspaper coverage that, "I think he's guilty”); id. at 1267 (indicating that the evidence demonstrated Appellant’s guilt, based on print media account of DNA evidence); id. at 1350 ("I was under the impression that there was a confession to one of the crimes from the newspaper.”); id. at 1398 (opining as to Appellant's guilt based on newspaper accounts); id. at 1808 (indicating that “[tjhere's a feeling of guilt there," based on media coverage); id. at 1888 (noting that one of the crimes was "really publicized”); id. at 1955 ("I do feel he's guilty," based on media coverage); id. at 1970 ("He did it. So, I guess, from *260the news and the media, my immediate reaction was, like, he did it.”); id. at 2070 (referencing an article indicating that Appellant "was either convicted or admitted to some other crime”); id. at 2142 ("I remember hearing about the time of the arrest that they were excited, or the possibility that we had our first serial killer”); id. at 2166 ("But I guess its more so the newspapers, the conversations you have at work. You kind of form an opinion. Whether you should nor shouldn't, you do form an opinion.”); id. at 2190 (from media accounts and personal conversations, indicating "I feel there is some guilt there, yes.”); id. at 2281 ("It seems that the defendant seems to be guilty, based on the information that seems to have been put out in the public media.”); id. at 2307 ("I believe I said the newspaper information was leading that way, saying that he had done it.”); id. at 2407 (“I can say from what I'm reading it appears that he is guilty.”); id. at 2441-42 (expressing a fixed opinion of guilt based on media accounts); id. at 2564 ("In following the case, ... if there's DNA evidence out there that is pointing in that direction, which I think there is, I think there’s only one answer for it.”).
. It should be acknowledged, in this regard, that a significant number of venirepersons had read very recent articles concerning Appellant. The tenor of the voir dire, however, suggests that the more sensational coverage occurred contemporaneous with the crimes and Appellant’s arrest. See, e.g., N.T., (voir dire) at 2609 (noting that the venireperson learned of Appellant's crimes "when it was a hot item but that it faded.”).
. Also related to voir dire, based on a typographical error in Appellant’s brief, the majority declines to review his claim that his counsel erroneously conceded in jury selection that the case involved first-degree murders. See Majority Opinion at 212-14, 864 A.2d at 495. Since, however, the transcript reference to counsel's statement is discernable in conjunction with this Court's independent review of the record, see N.T. (voir dire), at 2541, I would not deny Appellant merits review of his claim on such basis. On the merits, while counsel’s comment was directed to a juror who became seated at Appellant’s trial, I believe that its context made it sufficiently ambiguous as to whether counsel was referring to the charges lodged against Appellant to negate Appellant’s ability to demonstrate prejudice, particularly in light of the defense presented and the trial court's instructions in the trial that followed.
Finally, as to voir dire, I respectfully differ with the majority’s characterization of Dr. Zager’s relationship with Drs. Mihalakis and Ross, under who he trained during his recent residency and with whom he had interacted in a professional capacity, as a remote one. I agree only that Appellant has failed to show prejudice in relation to this claim, particularly considering the deference due the trial court's determination that the relationship was not so substantial as to warrant a presumption of prejudice.
. In his claim, Appellant focus on the testimony of Dr. Mihalakis concerning the victims' emotional and physical suffering, claiming that it was not a proper subject for expert testimony. See Appellant’s Brief at 122-26. While the Court has previously stricken a torture aggravator based on similar testimony, see Commonwealth v. King, 554 Pa. 331, 336-38, 721 A.2d 763, 781-82 (1998), a majority of the Court has more recently stated that there is nothing prejudicial in brief commentary by Dr. Mihalakis concerning his assessment of a victim’s terror. See Commonwealth v. Lopez, 578 Pa. 545, 553-55, 854 A.2d 465, 470 (2004). Although I disagreed with this statement in Lopez, see Lopez, 578 Pa. at 559, 854 A.2d at 472-73 (Saylor, J., concurring), here, I do not view Dr. Mihalakis's testimony as so prejudicial as to support an inference of undue spillover prejudice.
It seems to me that the far more damaging evidence of torture, as concerns the potential for spillover prejudice, was the trial court’s admission in the penalty phase of photographs of the victims that the Court had previously refused to admit in the guilt phase based on their potential to arouse passion. See N.T. (trial), at 2562 ("I don't like—I kept these pictures out of the guilt and innocence phase but because we're dealing with aggravating circumstances and the possibility of torture, I'm compelled to let you see these. I hope you'll not be too upset with them.”). Appellant, however, does not raise the spillover prejudice claim in relation to these photographs (in a separate argument, Appellant does separately claim that the prejudicial effect of the photographs outweighed their probative value, see Appellant's Brief at 82; this claim, however, is not focused on the spillover aspect, but rather, on the threshold admissibility issue in relation to the purpose for which the evidence was offered in the first instance).
. The decisional law also offers a "demeanor” justification to authorize prosecutorial commentary on a capital defendant's failure to show remorse. See, e.g., Commonwealth v. Rice, 568 Pa. 182, 212-13, 795 A.2d 340, 358 (2002). This justification, however, loses force where the prosecutor affirmatively states that the defendant has not been heard from concerning remorse (or any other subject, for that matter).