Full opinion text
MEMORANDUM ORDER BUA, District Judge. This case presents this court with a rare opportunity to confront some unique and significant legal issues. Pursuant to 28 U.S.C. § 2254(d), petitioner in this case seeks a writ of habeas corpus vacating his convictions and death sentence. His habe-as petition marks only the third time since the enactment of the revised Illinois death penalty statute in 1977 that an Illinois defendant has asked a federal district court to overturn a death sentence. After reviewing the superbly articulated arguments presented in petitioner’s superlative brief, this court denies the petition with respect to petitioner’s conviction, but grants the petition with respect to petitioner’s sentence. I. BACKGROUND On June 18, 1980, a jury in Lake County, Illinois found Robert Kubat guilty of the aggravated kidnapping and murder of Lydia Hyde. Following Kubat’s convictions, which made him eligible for capital punishment under Illinois law, the State elected to seek the death penalty. The next day, after a capital sentencing hearing, the jury determined that there were no mitigating factors sufficient to preclude a death sentence. Based on the jury’s finding, the judge sentenced Kubat to death in accordance with the Illinois death penalty statute, Ill.Rev.Stat. ch. 38, para. 9-1 (1985). Kubat appealed directly to the Illinois Supreme Court, which affirmed his convictions and sentence. People v. Kubat, 94 Ill.2d 437, 69 Ill.Dec. 30, 447 N.E.2d 247 (1983) (“Kubat I”). The Court then denied Kubat’s petition for rehearing. Shortly thereafter, the U.S. Supreme Court denied Kubat’s petition for a writ of certiorari. Kubat v. Illinois, 464 U.S. 865, 104 S.Ct. 199, 78 L.Ed.2d 174 (1983). After failing to obtain relief on direct appeal, Kubat filed a petition for post-conviction relief in the state courts on September 14, 1983. Following an evidentiary hearing, an Illinois circuit court denied the petition. The Illinois Supreme Court then affirmed the lower court’s denial of post-conviction relief. People v. Kubat, 114 Ill.2d 424, 103 Ill.Dec. 90, 501 N.E.2d 111 (1986) (“Kubat II”). Several weeks later, the state’s highest court rejected Kubat’s request for a rehearing. Finally, Kubat appealed the state courts’ denial of post-conviction relief to the U.S. Supreme Court. The Court denied Kubat’s petitions for certiorari, — U.S. -, 107 S.Ct. 1634, 95 L.Ed.2d 207 (1987), and rehearing, — U.S. -, 107 S.Ct. 2471, 95 L.Ed.2d 879 (1987). Having exhausted his appeals in the state courts, Kubat now seeks federal ha-beas relief. In his petition for a writ of habeas corpus, Kubat asks this court to vacate both his convictions and his death sentence. II. DISCUSSION Kubat presents numerous arguments under the Sixth, Eighth, and Fourteenth Amendments of the United States Constitution in support of his petition to vacate his convictions and sentence. With respect to his convictions, Kubat first argues he was denied due process because insufficient evidence was presented at trial to sustain the jury’s verdict of guilt beyond a reasonable doubt. Second, Kubat asserts his right to due process was violated when the jury was allowed to hear unreliable testimony by witnesses whose identifications of Ku-bat at trial resulted from unduly suggestive identification procedures. Third, Ku-bat argues the deficient performance of his trial counsel resulted in a denial of his Sixth Amendment right to effective assistance of counsel. In attacking his death sentence, Kubat first claims that his counsel should have requested — and the judge should have presented — an instruction on a lesser included offense, which would have given the jury the option of convicting Kubat of a noncapital crime. Kubat next contends that his attorneys’ inadequate performance during the sentencing hearing deprived him of effective assistance of counsel. Third, Kubat asserts that his death sentence cannot stand because the judge erroneously instructed the jury that a unanimous verdict was required to preclude the death penalty. Finally, Kubat argues that the Illinois Death Penalty Act violates the Eighth and Fourteenth Amendments. This court will first address Kubat’s arguments concerning his convictions, and then turn to the issues raised regarding his sentence. A. Conviction Phase 1. Sufficiency of Evidence at Trial The Due Process Clause of the Fourteenth Amendment requires that guilt of a criminal charge be established by proof beyond a reasonable doubt. In re Winship, 397 U.S. 358, 364, 90 S.Ct. 1068, 1072-73, 25 L.Ed.2d 368 (1970). Applying this requirement in the context of a habeas action, a reviewing court must view the evidence introduced at trial in the light most favorable to the prosecution and decide whether “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979). Unless a petitioner can show that no rational trier of fact could have found him guilty beyond a reasonable doubt, due process is not violated. Although recognizing the foregoing standard places a considerable burden on a petitioner seeking habeas relief, Kubat nonetheless asserts that the State failed to introduce sufficiently reliable evidence to support his convictions. According to the standards set forth above, this court is first required to examine the evidence offered at trial in the light most favorable to the prosecution. Since Kubat’s sufficiency of evidence argument essentially focuses on the alleged unreliability of testimony offered by Carolyn Quick, a review of her trial testimony will be undertaken before addressing the merits of Kubat’s assertions. The following summary of Ms. Quick’s testimony is excerpted from the state supreme court’s review of the trial record: In the early afternoon of November 2, 1979, the body of Lydia Hyde was found along a highway in Lake County, Illinois, just one mile south of the town of Kenosha, Wisconsin. The victim had been shot in the back of the head at close range. The principal prosecution witness at trial was Carolyn Quick, the former wife of Kubat. On November 23,1979, after seeking the advice of counsel, Ms. Quick surrendered herself to law enforcement officials and admitted participation in the abduction of Mrs. Hyde from a Kenosha tavern known as the Coffee And. In exchange for Ms. Quick’s cooperation, the State agreed to dismiss the aggravated kidnapping charge pending against her. At trial, Ms. Quick testified as to the following events. On November 1, 1979, shortly after returning from a road trip in Iowa, Kubat and Ms. Quick drove in separate cars to the Nugget lounge in Berwyn, Illinois. Kubat was carrying a .38 caliber pistol which he had taken from the home of Ray Flatoff, a man with whom Ms. Quick had been previously living. The two arrived at approximately 11:00 p.m. and consumed a couple of drinks. After the Nugget closed at 12:50 a.m. the two motored to Ed’s Grill. Leaving Ms. Quick’s car in the parking lot of Ed’s Grill, the two departed in Kubat’s white 1977 Chevrolet station wagon for Kenosha, Wisconsin. During the early morning hours of November 2, 1979, Kubat and Ms. Quick parked in the lot of the Kickapoo gas station in Kenosha, and the two napped there until the station opened. After putting the car in order, purchasing gas, and using the washroom, Kubat and Ms. Quick drove to the Chat and Chew diner. Ms. Quick went inside the restaurant by herself, ate a bowl of oatmeal, and ordered two coffees to go. The two then drove through town and stopped at the Back Door restaurant and bar but were informed by a waitress that the restaurant was not yet open. Instead, the couple proceeded to the Sunnyside restaurant and bar where Ms. Quick ordered a can of grapefruit juice and Kubat an Old Style beer and a shot of Canadian Club (“CC”). Approximately 45 minutes later, the two left the Sunnyside and returned to the Back Door which was then open for business. Kubat and Ms. Quick entered the Back Door tavern at approximately 11:00 a.m. Kubat, while consuming half of a sandwich, an Old Style beer, and a shot of CC, engaged in a lengthy conversation with the owners of the Back Door, Jesse and Nora Lopez. During the conversation, Ms. Quick commented that Mr. Lopez had “beautiful gray hair.” Sandra Lawson, the waitress who had previously informed the couple the Back Door was not yet open, overheard Ms. Quick’s comment and humorously responded: “It ought to be pretty, he combs it all the time.” Around noon, the couple was asked by Ms. Lawson if they would be staying for lunch, and Kubat stated they would be leaving shortly. After departing from the Back Door, Ku-bat and Ms. Quick drove to the Coffee And tavern where Lydia Hyde was alone, bar-tending. Kubat drank an Old Style and shot of CC; Ms. Quick drank a glass of grapefruit juice. While the two were sitting at the bar, people living above the tavern came downstairs, mixed drinks, and returned to their apartments. After watching Mrs. Hyde place a money bag in the register, Kubat displayed a .38 caliber revolver and ordered Mrs. Hyde to place the money from the register into the bag. At Kubat’s direction, Ms. Quick emptied the beer can and glasses on the floor and put them in her purse. Mrs. Hyde was ordered into Kubat’s car and seated in the front of the wagon between Ms. Quick, who was driving, and Kubat. At defendant’s direction, Ms. Quick drove into Illinois. Kubat told Ms. Quick to stop the car near a road sign and ordered Mrs. Hyde out of the car. Kubat directed Mrs. Hyde to place both hands on the road sign. As she did, Kubat, who was standing behind her, told Mrs. Hyde “she wouldn’t feel a thing,” and fatally shot her in the back of the head. Kubat and Ms. Quick proceeded to Valentine’s restaurant in Stickney, Illinois. After ordering lunch and drinking an Old Style beer and a shot of CC, the two departed for M & D’s lounge in Berwyn, Illinois. While at M & D’s, Kubat and Ms. Quick saw the owners, Michael and Delores Padgen, and their son Thomas, with whom they were acquainted. Mr. Padgen gave Kubat a package of paper towels that Ku-bat had previously ordered. While Kubat enjoyed yet another glass of Old Style and shot of CC, he spoke to the Padgens about a play he and Ms. Quick might see later that night. Ms. Quick handed Thomas, who was bartending, the three glasses she had taken from the Coffee And and told Thomas to keep them even though he stated they did not belong to M & D’s. Leaving M & D’s lounge, Kubat and Ms. Quick returned to Ed’s Grill to retrieve Ms. Quick’s car and then drove separately to the Brookfield Motel where they spent the night. Kubat left the motel the following morning at about 7:00 a.m. Ms. Quick left about 11:00 a.m. and went to see her friend Joy Jesuit in Chicago. Ms. Quick stayed with Jesuit for a few weeks and saw Kubat every day at Jesuit’s tavern. On November 9 or 10, Kubat and Ms. Quick went to a Goodyear Tire store and purchased new tires for Kubat’s Chevrolet wagon. Ms. Quick believed the old tires were in good condition, but acknowledged that on several occasions Kubat had experienced trouble with the rims. Ms. Quick left Jesuit’s residence on November 19 and drove to Ray Flatoff’s home in South Bend, Indiana. After telling Fla-toff about the kidnapping and murder of Mrs. Hyde, the two visited an attorney, Edward Olczak, who advised Ms. Quick to speak to law enforcement authorities. She did so on November 23, and after several days of investigation, Ms. Quick was taken into custody by Lake County officials. On cross-examination, Ms. Quick was repeatedly questioned concerning her sleeping arrangements and sexual intimacy with Kubat following their marriage in August 1979. She stated that she did not sleep with Kubat when they lived together with Francine Bejda in Lyons, Illinois. After persistent cross-examination by defense counsel in an attempt to establish that she had lied under oath in an annulment proceeding, Ms. Quick equivocated, conceding the possibility that she and Kubat might have had sex on a night they spent together in a Wyoming motel returning from a trip to Nevada. Ms. Quick further stated that she had phoned the FBI on several occasions in 1979 to report that Kubat was stealing, but never received a satisfactory response. Ms. Quick also admitted that she had once threatened to harm Kubat with a gun. Kubat asserts that the only evidence linking him to the November 2,1979 abduction and murder of Lydia Hyde is the testimony of Carolyn Quick, a confessed felon who Kubat asserts threatened his life and whose testimony at trial was premised on promises of nonprosecution by the State. Relying on Lee v. Illinois, 476 U.S. 530, 106 S.Ct. 2056, 90 L.Ed.2d 514 (1986), Ku-bat argues that Ms. Quick’s ill feelings toward him and obvious motive to implicate him render her testimony presumptively unreliable. Kubat contends that the only evidence substantiating Ms. Quick’s testimony came from witnesses who claim to have seen Kubat in Ms. Quick’s company near the place and around the time the abduction occurred. However, because Kubat believes the eyewitness testimony offered by these witnesses was rendered unreliable by impermissibly suggestive identification procedures, Kubat argues no independently reliable evidence was offered at trial to support Ms. Quick’s assertions. Because Kubat contends Ms. Quick’s testimony is presumptively suspect and no reliable corroborating evidence was presented by the State, he concludes that no rational trier of fact could have found him guilty of the charged offenses beyond a reasonable doubt. This court, however, disagrees. Although Kubat asserts that the decision in Lee v. Illinois shrouds Ms. Quick’s testimony with a presumption of unreliability, a close examination of that case leads to a different conclusion. Lee involved two co-defendants who were convicted of a double murder after a joint trial at which neither testified. Id. 106 S.Ct. at 2057. During its case-in-chief, the prosecution presented, by way of hearsay testimony, a confession given by one of the co-defendants. Id. The issue confronted by the Supreme Court was whether the hearsay statement of the nontestifying co-defendant was sufficiently reliable to warrant its admission against Lee in the absence of an opportunity for cross-examination. Id. at 2061. Citing the strong motivation of an accomplice to implicate a co-defendant and exculpate himself, the Court ruled that without an opportunity for meaningful cross-examination, a co-defendant’s inculpatory statements must be viewed as presumptively unreliable evidence. Id. at 2062-63. Unless some sufficient indicia of reliability is shown to rebut the presumption of unreliability, the court opined that admission of the statement through hearsay testimony at a joint trial violates the Confrontation Clause of the Sixth Amendment. Id. The present case differs from Lee in several respects. First, unlike Lee, the inculpating evidence in the instant case was presented through the direct testimony of an accomplice and not a third-party hearsay witness. Second, Kubat had a meaningful opportunity to cross-examine the witness offering inculpating testimony. By virtue of her leniency agreement with the State, Ms. Quick waived her Fifth Amendment privilege and answered all questions asked by Kubat’s counsel. Finally, while Kubat relies on general considerations of due process in asserting the presumptive unreliability of Ms. Quick’s testimony, the holding in Lee rests on the Confrontation Clause of the Sixth Amendment. Although due process is violated when a conviction is obtained through the use of unreliable evidence, due process does not mandate that a presumption of unreliability attach to the inculpating testimony of an accomplice when the accused is given a meaningful opportunity for cross-examination. As a general rule, the uncorroborated testimony of an accomplice is not per se unreliable and is sufficient to sustain a conviction unless patently incredible. United States v. Evans, 697 F.2d 240, 245 (8th Cir.), cert. denied, 460 U.S. 1086, 103 S.Ct. 1779, 76 L.Ed.2d 350 (1983); United States v. Watson, 677 F.2d 689, 691 (8th Cir.1982); United States v. DeLos Santos, 625 F.2d 62, 63 (5th Cir.1980). As long as the accomplice testimony is not unbelievable on its face and the jury is instructed to regard the incriminating testimony with care, credibility — not admissibility — is the issue. Evans, 697 F.2d at 245-46. What weight will be accorded such testimony is a decision which rests with the jury. Id. Under this rule, if Ms. Quick’s testimony is capable of belief by a rational person, then the jury was entitled to credit her testimony with whatever weight it deemed appropriate. Nothing about Ms. Quick’s testimony concerning the abduction and murder of Lydia Hyde is “so contrary to the laws of nature and human experience that no rational person could believe it beyond a reasonable doubt.” Wilcox v. Ford, 813 F.2d 1140, 1141 (11th Cir.1987). Quite to the contrary, Ms. Quick’s testimony provides a rational explanation of events leading to the abduction and murder of the victim. Accordingly, this court is unable to find Ms. Quick’s testimony facially incredible. As made clear by this court’s review of evidence offered at trial, Ms. Quick’s testimony alone was sufficient to support Kubat’s conviction. Thus, if the jury chose to believe Ms. Quick despite the fact she admitted participation in Mrs. Hyde’s abduction, harbored great animosity toward Kubat, and testified pursuant to a leniency agreement, sufficient evidence to support Kubat’s conviction existed. Recently, however, the Seventh Circuit opined that accomplice testimony in a murder prosecution may be inherently unreliable. United States ex rel. Miller v. Greer, 789 F.2d 438, 446 (7th Cir.1986) (en banc), rev’d, — U.S. -, Greer v. Miller, 107 S.Ct. 3102, 97 L.Ed.2d 618 (1987). In Miller, the issue was whether the prosecutor’s reference at trial to the accused’s silence at the time of arrest violated the accused’s right to a fair trial under Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976). Miller, 789 F.2d at 442. Determining the prosecutor’s statements resulted in a Doyle violation, the court addressed whether the error was harmless beyond a reasonable doubt. Id. Reasoning that the only evidence linking Miller to the charged murder was the testimony of a confessed accomplice who testified pursuant to a plea agreement, the court observed: There was no reason to find Miller’s testimony particularly incredible or [the accomplice’s] testimony particularly credible on this point, especially since accomplice testimony of this kind is inherently unreliable, often motivated by factors such as malice toward the accused and a promise of leniency or immunity. In short, this evidence does not approach the overwhelming evidence needed to overcome constitutional error such as a Doyle violation. Miller, 789 F.2d at 446. Granting certiorari, the Supreme Court reversed, finding the prosecutor’s reference to the accused’s silence after arrest did not amount to a Doyle violation. Although the Seventh Circuit’s decision was reversed, the Supreme Court never addressed the circuit court’s statement regarding the unreliability of accomplice testimony in murder prosecutions. This court recognizes that the circuit court’s statements must be read in the context of its opinion and are of questionable prece-dential value. Thus, it is doubtful that the Seventh Circuit’s observations in Miller apply to the present case. Yet, even if language in Miller suggests that a presumption of unreliability attach to Ms. Quick’s testimony, the same result would be reached. At Kubat’s trial, the State presented numerous witnesses whose testimony corroborated that of Ms. Quick. Rhonda Meeker recalled seeing a couple napping in a white station wagon parked in her Ke-nosha service station lot the morning of November 2. Nick Bastían, a bartender at the Sunnyside bar in Kenosha, stated he served an Old Style beer and shot of CC to a man who accompanied Ms. Quick the morning of November 2. Michael and Delores Padgen, who owned M & D’s bar, and their son Thomas stated they saw Kubat and Ms. Quick at their tavern in the late afternoon of the day in question. Delores Padgen testified that the couple had told her they were in Wisconsin that day. Thomas Padgen stated that Ms. Quick gave him three glasses which did not match those used at M & D’s and told Thomas to keep them. Thomas identified People’s Exhibit 10 as one of those glasses. Subsequently, Julie Lewis, owner of the Coffee And, identified People’s Exhibit 10 as one of the types of glasses she used at her bar. The most important corroborating testimony offered by the State came from three witnesses who identified Kubat as the man they saw in the Back Door bar at 11:00 a.m. on November 2. Jesse and Nora Lopez, owners of the Back Door, testified that Kubat and Ms. Quick were in the bar for about 45 minutes and ordered a sandwich and drinks (an Old Style beer and shot of CC). Jesse conversed with the couple for 20-25 minutes during their visit. Sandra Lawson, a waitress at the Back Door, also recalled seeing the couple in the tavern on the day in question and recalled part of the conversation they were having with Jesse Lopez. Kubat complains, however, that the in-court identifications made by Lawson and the Lopezes were rendered unreliable by impermissively suggestive identification procedures. As a result, Kubat contends their testimony should not be considered in determining whether the State’s evidence was sufficient to sustain a guilty verdict. For reasons detailed later in this opinion, this court is unable to accept Kubat’s arguments concerning the identification procedures employed in this case. However, even without the in-court identifications by Lawson and the Lopezes, the testimony offered by the above-mentioned witnesses makes clear that sufficient corroborating evidence was presented at trial to rebut any presumption of unreliability regarding Ms. Quick's testimony. As such, this court finds that sufficient evidence was presented at trial to sustain Kubat’s convictions. 2. Identification Procedures Kubat argues that his Fourteenth Amendment due process rights were violated when the state court failed to suppress the identification testimony of three prosecution witnesses despite the fact identification procedures employed by police created a substantial likelihood of misidentification and no reliable basis for their in-court identification testimony existed. Kubat’s arguments center on a series of photographic arrays displayed to Jesse Lopez, Nora Lopez, and Sandra Lawson at the Back Door bar. Kubat essentially contends that the suggestive procedures used by police in obtaining his identification combined to render the witnesses’ identification testimony unreliable. In reaching the conclusion that the witnesses’ identification testimony was reliable and properly admitted, the state supreme court made certain findings of fact regarding the events preceding the witnesses’ pre-trial identifications of Kubat. See Kubat I, 94 Ill.2d at 468-71, 69 Ill.Dec. at 43-46, 447 N.E.2d at 260-63. Whether identification procedures are so suggestive that a substantial likelihood of misidentifi-cation exists and whether subsequent in-court identifications are rendered unreliable are mixed questions of law and fact. Sumner v. Mata, 455 U.S. 591, 596-97, 102 S.Ct. 1303, 1306-07, 71 L.Ed.2d 480 (1982). In the context of a § 2254 action a reviewing court is required to accept all factual findings made by the state court which are fairly supported by the record. 28 U.S.C. § 2254(d)(8). Thus, while this court is entitled to review de novo the constitutionality of the challenged identification procedures and in-court identifications, the state court’s factual findings, if supported by the record, must be accepted as correct. Below are the relevant findings of fact made by the Illinois Supreme Court: Detective Wayne Myhre testified that he went to the Back Door bar on November 26, 1979, while investigating the murder of Lydia Hyde. He interviewed Mr. and Mrs. Lopez and Sandra Lawson and showed each potential witness a photographic display to determine whether they could identify people who were in the bar the morning of the preceding November 2. Each individual was interviewed separately and shown the display without any other person in the immediate vicinity. The display consisted of five color Polaroid photographs of identical size. (People’s exhibit No. 2). Each photograph had a different color background; four were close-ups depicting a man standing against a solid wall ranging from a facial view to a nearly full chest view; the photograph of defendant was somewhat unclear, not a close-up, and depicted a full frontal view with defendant standing in a living room next to a television and a couch, with a picture hanging on a wall in the background. Defendant was the only man wearing glasses. Detective Myhre testified that Jesse Lopez, who looked at the photographs one at a time, stated that the photograph which pictured defendant looked like the male of the couple that was in his tavern on November 2, 1979. The officer also testified that Nora Lopez identified that photograph of defendant, stating that “she was as sure as she could be” that he was the man who was in the bar, although he agreed on cross-examination that she did not say she was absolutely certain. Finally, the officer interviewed Sandra Lawson, who made a tentative identification of defendant’s photograph. She stated that the photograph of defendant appeared to be the man. Sergeant Roger Douma, also investigating the murder, went to the Back Door bar on November 29 and interviewed Jesse Lopez. It was his recollection that he and Mr. Lopez were the only two people present. Sergeant Douma was aware of the fact that Mr. Lopez had previously viewed photographs. Sergeant Douma showed Mr. Lopez seven black and white photographs of different men; all were mug shots. (People’s exhibit No. 4). One individual was pictured with eyeglasses; defendant was not. Mr. Lopez identified defendant. On February 26, 1980, Sergeant Douma again went to the Back Door bar, where he showed another photographic display to Sandra Lawson and Nora Lopez. He interviewed Sandra Lawson first at the north end of the bar; Nora Lopez was at the south end of the bar during this interview. Sergeant Douma asked Sandra Lawson to carefully view the photographic display (People’s group exhibit No. 3) consisting of seven black and white mug shots of different men, one of whom was pictured wearing eyeglasses while defendant was not. She did so, identifying the photograph of defendant, but then indicated that she was concerned that she might have recognized the photograph because she had seen it in the newspaper. Sergeant Douma subsequently interviewed Nora Lopez at the extreme north portion of the bar. She, too, identified the photograph of defendant as the man who was in the bar with a woman in early November. Sergeant Douma thereafter wrote on the photograph, “Nora Lopez positively [identified] this photo”; he also initialed the photograph and dated it. Jesse Lopez, testifying at the hearing, made an in-court identification of defendant. He was positive that defendant was the man in his bar on November 2. It was Mr. Lopez’ testimony that he had initially viewed the black and white photographic display. He testified that he had not read a newspaper account of the abduction and murder of Lydia Hyde before the officer initially interviewed him. Nora Lopez also identified defendant at the hearing as the man who was with a woman at the Back Door bar the morning of November 2. She testified that she was not certain of her initial photographic identification; she could not recall her exact words to the officer. Sandra Lawson testified at the hearing that a middle-aged couple was in the Back Door bar on the morning of November 2. She pointed to defendant in the courtroom and said, “I think that’s him there, but I’m not sure.” She further testified that she had viewed two different photographic displays on separate occasions. She could not recall the details of the viewings. She indicated, however, that she initially picked out a photograph and said, “I believe this man was in here with this woman.” She recalled that, in February 1980, she had told the officer that she was not certain whether she was influenced by what she had read and seen in the newspaper. Kubat I, 94 Ill.2d at 468-71, 69 Ill.Dec. at 43-44, 447 N.E.2d at 260-61. As an initial matter, Kubat argues that the state court failed to acknowledge certain key facts reflected in the record which bear on the propriety of the identification procedures employed. The law is clear that when a state court opinion fails to include legally significant facts, the state court findings, to the extent of such omissions, are not fairly supported by the record. Dickerson v. Alabama, 667 F.2d 1364, 1368 (11th Cir.1982). Thus, the first question raised is whether the state court opinion disregards facts which are material to the issues surrounding Kubat’s identifications. The first alleged material omissions concern statements made by Detective Myhre. According to Kubat, the state court failed to observe that Detective Myhre acknowledged that Kubat’s color photograph was “distinctively different” than others included in the first array. Tr. at 127. Kubat also asserts the state court ignored Detective Myhre’s testimony that neither Sandra Lawson nor the Lopezes were able to positively identify Kubat’s photograph from the initial display. P.C. Tr. at 351-53. The second alleged material omission concerns testimony offered by Nora Lopez in which she acknowledges that she was unable to make a positive identification after viewing the first photo array. Tr. at 303, 1328. Finally, Kubat notes that although the state court opinion properly states that the three witnesses were each shown a subsequent photo display, the opinion fails to observe that he was the only individual who was common to all three arrays. With regard to Kubat’s contentions regarding Detective Myhre’s testimony, this court is unable to agree that the state court opinion failed to recognize that differences between Kubat’s photo and the others included in the first display existed. As the foregoing excerpt demonstrates, the state court specifically noted that Kubat’s photo differed in format from the others and that Kubat was the only person pictured wearing glasses. Whether Detective Myhre acknowledged Kubat’s photo was “distinctively different” is of little significance. This court, like the state court, was able to examine the photographs at issue and to discern that differences existed. Simply stated, the detective’s characterization reveals nothing that an examination of the photographs does not. Detective Myhre’s testimony regarding the witnesses’ inability to positively identify Kubat after the first photo display is also of little importance. The state court opinion recognizes that none of the three witnesses could positively identify Kubat from the first array. Myhre’s testimony is merely repetitive of these findings. The same is true concerning the testimony of Nora Lopez. Through the testimony of Detective Myhre, the state court observed that Nora Lopez was not absolutely certain Kubat’s picture revealed the same man who was in her bar on November 2. Moreover, the opinion noted Nora Lopez’ testimony that she was not certain of her initial photographic identification. Kubat’s final contention, however, has merit. The fact that Kubat’s photographs were the only ones common to each of the three arrays was not discussed in the state court opinion and is material to the alleged suggestiveness of the subsequent displays. See Simmons v. United States, 390 U.S. 377, 383, 88 S.Ct. 967, 970-71, 19 L.Ed.2d 1247 (1968). As such, this fact will be considered in analyzing the challenged photographic identification procedures. In Stovall v. Denno, 388 U.S. 293, 302, 87 S.Ct. 1967, 1972-73, 18 L.Ed.2d 1199 (1967), the Supreme Court recognized that where identification procedures are so im-permissibly suggestive that a very substantial likelihood of an irreparable misidentifi-cation exists, introduction of evidence derived from such procedures may violate due process. Under this analysis, “[r]elia-bility is the linchpin in determining the admissibility of identification testimony_” Manson v. Brathwaite, 432 U.S. 98, 114, 97 S.Ct. 2243, 2253, 53 L.Ed.2d 140 (1977). In Manson, the court articulated a two-step analysis for determining the admissibility of identification testimony. First, the accused must show that the procedures employed by police in obtaining a pre-trial identification were unduly or unnecessarily suggestive. Id. at 105-14, 97 S.Ct. at 2248-53. A finding of impermissible suggestiveness can stem from a single event or the combined effect of a series of events. See Foster v. California, 394 U.S. 440, 442-44, 89 S.Ct. 1127, 1128-29, 22 L.Ed.2d 402 (1969). Second, if such a showing is made, the court must determine in light of the totality of circumstances whether the proposed identification testimony is independently reliable. Manson, 432 U.S. at 114, 97 S.Ct. at 2253. In conducting this analysis, the court must balance the suggestiveness of the procedures employed against any indicia of reliability surrounding the identification. Id. So long as the totality of circumstances does not indicate a very substantial likelihood of irreparable misidentification, no constitutional impediment to the admission of the identification testimony exists. Id. at 116, 97 S.Ct. at 2254. Under the first prong of the Manson test, Kubat argues that the combination of identification procedures used by police was unnecessarily suggestive. Kubat first points to the fact that his picture differed in format from others contained in the first collection of photographs and emphasizes that he was the only individual pictured wearing glasses. Kubat asserts that the variations in lighting, background and pose between his photo and the others had the effect of singling him out. Similarly, Ku-bat argues the fact he was the only person pictured wearing glasses is significant because prior to exhibiting the first photographic array, police knew the suspect had been described as wearing glasses. Kubat contends these factors had the effect of strongly suggesting to the identifying witnesses that he was the man they had seen in the Back Door bar on November 2. Ku-bat asserts the procedures used during the first array mirror those found unnecessarily suggestive in United States v. Fernandez, 456 F.2d 638 (2d Cir.1972) and United States ex rel. Cannon v. Montanye, 486 F.2d 263 (2d Cir.1973). In Fernandez, shortly after a bank robbery, police obtained descriptions of the assailants from eyewitnesses and received 17 photographs depicting the robbers from surveillance cameras in the bank. Fernandez, 456 F.2d at 639. Both the photographs and the witnesses’ descriptions indicated one of the suspects was a lightly-skinned black man with an Afro. Police compiled a six-photograph' array of black men including a picture of Fernandez. Id. Despite the police officers’ knowledge the suspect was nearly white in skin tone, only one of the six photographs depicted a lightly-skinned black with an Afro. Id. Fernandez' photograph was identified by the witnesses. Id. Noting the absence of any additional photographs in the array which even remotely resembled Fernandez, the court found the identification procedure unnecessarily suggestive. Id. at 641-42. Given that police had surveillance photographs which clearly depicted the physical features of the suspects and no exigent circumstances existed, the court determined police should have included at least another picture of an individual approximating Fernandez in skin color and hairstyle. Id. The decision in United States ex rel. Cannon v. Montanye focused on possible suggestiveness in conducting a corporeal line-up. United States ex rel. Cannon v. Montanye, 486 F.2d at 266-68. Days after the rape of a woman, police arrested Cannon at his home and instructed him to wear a green sweater. Id. at 266. Because the victim had been grabbed from behind and raped with her skirt over her head, the victim was only able to describe her attacker as a black male wearing a green shirt. Id. at 267. At a line-up consisting of six black males, the victim identified Cannon as her assailant, noting that like her attacker, Cannon wore a green garment. Id. Cannon objected to the line-up arguing it was impermissively suggestive since he was the only one told to wear green. Id. Because the record was silent concerning whether Cannon was indeed the only man at the line-up wearing green clothing, the circuit court remanded the case for an evi-dentiary hearing. Id. at 268. In doing so, the court implied that if Cannon was the only one wearing green, it would find the line-up unnecessarily suggestive. Id. at 267. This court is unable to agree that the procedures used in conducting the first photo array in the instant case are analogous to those found unduly suggestive in Fernandez and Cannon. In Fernandez, the court placed great emphasis on the fact that police possessed numerous photographs precisely depicting the skin tone and hair style of the assailant before conducting the photographic line-up. Because the bank photographs revealed the skin tone of the robber was nearly white and police failed to include any photographs even remotely resembling that of Fernandez, the photo display was found unnecessarily suggestive. Similarly, the request that Cannon wear green before appearing in a line-up, when the victim was only able to describe her assailant as a black male wearing a green shirt, rendered the identification procedure suggestive. Here, the simple fact that Kubat was the only person pictured in the first array wearing glasses does not arise to any significant level of suggestiveness. No suggestion is made that the man in the Coffee And was described as wearing any particular type of glasses which would have cued witnesses to Kubat’s photo. Moreover, contrary to Kubat’s claim of suggestiveness, the manner in which Kubat appears in the first display more likely had an opposite effect. The picture of which Kubat complains shows a smiling man in a plaid shirt and light blue pants standing in what appears to be a living room next to a couch and television. Admittedly, Kubat’s photo, which appears the type taken by a family member or friend, differs from the other four photographs which resemble mug shots. Yet, this court is unable to see how these particular distinguishing characteristics could have had the effect of suggesting Kubat was the culprit. If anything, the format of Kubat’s photo reduced the likelihood he would be selected by the witnesses. Moreover, because the quality of Kubat’s photograph is rather poor, it is nearly impossible to discern Kubat’s facial features. Given this fact, little surprise exists that none of the witnesses were able to positively identify Kubat’s photograph at the first array. As such, this court fails to find the first photo display unduly suggestive. Kubat next contends the subsequent arrays shown to Lawson and the Lopezes were impermissibly suggestive. First, Kubat notes that his photograph was the only one to be repeated in each of the three collections. Because the witnesses were only able to offer tentative identifications after the first display, Kubat contends repetition of his photograph in the new arrays significantly increased the chance that subsequent identifications would be based solely on recognition from the earlier showing. Second, Kubat observes that the photograph of him used in the subsequent arrays, a black and white mug shot, differed from the picture in the first collection. The change in the nature of the photographs, Kubat believes, had the impermissible effect of suggesting to the witnesses that he had been arrested and was considered a suspect in the case. Finally, Kubat argues that the subsequent photographic showings should not have been conducted because after receiving tentative identifications, proper procedure dictated that a corporeal line-up, not a photo line-up, be conducted. In certain circumstances, the possibility of a mistaken identification is increased where witnesses are shown collections of photographs in which the picture of a single individual recurs. Simmons v. United States, 390 U.S. 377, 383, 88 S.Ct. 967, 970-71, 19 L.Ed.2d 1247 (1968). The danger inherent in repetitious showings of a particular photograph is the likelihood that an identification will result from recognition of a particular individual’s photograph rather than the witness’ recollection of the actual assailant. Id.; United States v. Eatherton, 519 F.2d 603, 608 (1st Cir.1975). Generally, this danger is enhanced when it is shown that a witness was equivocal on the first showing and later became firm after viewing subsequent arrays in which only the photograph of one individual recurs. United States v. Higginbotham, 539 F.2d 17, 23 (9th Cir.1976). In such cases, a line-up, when possible, is the preferable procedure. Id. However, the fact that photographs of particular individuals are the only ones common to successive photo arrays does not automatically render identification procedures unnecessarily suggestive. While repetition of any one person’s photograph in a subsequent array may not be advisable, the danger of a mistaken identification is substantially reduced when different photographs are used and particularly where the second photograph differs greatly from the first. United States v. Olson, 730 F.2d 544, 545-46 (8th Cir.1984). In Olson, after a witness was unable to make an identification after viewing a collection of photographs in which the defendant was pictured, the witness was shown a second photographic array containing a different picture of the defendant. Id. at 545. The photograph contained in the second collection differed from the one used in the first in that the second pictured the defendant wearing his toupee while the first did not. Id. The witness identified the defendant after the second photographic showing. Id. at 546. Although the defendant was the only individual pictured in both displays, the court ruled that the significant differences between the two photographs substantially reduced any chance the identification resulted from viewing defendant’s photo in the first array. Id. As such, the court ruled the identification procedure was not unnecessarily suggestive. Id. Olson is strikingly similar to the situation in the present case. The photograph of Kubat used in the first array bears minimal resemblance to the black and white mug shot included in the two later showings. From all outward appearances, the two pictures show different men. Comparing the two photographs, this court is convinced no likelihood existed that the witnesses based their subsequent positive identifications on anything but their recollections of Kubat on November 2, 1979. Thus, this court finds that the repetition of one of Kubat’s photographs in the subsequent arrays was not impermissibly suggestive. This court also rejects Kubat’s contention that a family photo rather than a mug shot should have been used in the subsequent showings to avoid suggesting to the witnesses he had been arrested. The very act of conducting a photographic line-up suggests to a witness that police have reason to believe one of the individuals shown committed the crime. The simple fact that a mug shot rather than a family photo of a particular individual is used in subsequent photographic displays does not render the showings suggestive. Cf. United States v. Love, 692 F.2d 1147, 1150-51 (8th Cir.1980) (use of mug shot showing date of arrest proximate to time of crime held not unduly suggestive). Similarly, the fact that a corporeal line-up could have been conducted instead of the subsequent photo showings does not necessarily render the photographic identification procedures impermis-sibly suggestive. Although the Illinois Supreme Court stated that as a matter of Illinois procedure, the availability of a corporeal line-up after the tentative identification of Kubat rendered the subsequent photographic showings improper, no similar rule exists under the Due Process Clause. United States v. Allison, 616 F.2d 779, 783 (5th Cir.1980) “Whether other more desirable methods of identification (e.g., a lineup) were available, or whether there was a compelling need for speedy identification are ... not relevant to a determination of the impermissibly suggestive issue.” United States v. Sutherland, 428 F.2d 1152, 1156 (5th Cir.1970), cert. denied, 409 U.S. 1078, 93 S.Ct. 698, 34 L.Ed.2d 668 (1972). Accordingly, this court does not find the procedures employed by police in conducting the photographic showings were impermissibly suggestive. However, even assuming the identification procedures were unduly suggestive, the witnesses’ identifications of Kubat were nonetheless reliable. The factors to be examined in determining the reliability of identification testimony are: (1) the witness’ opportunity to view the criminal; (2) the witness’ degree of attention; (3) the accuracy of the witness’ prior description of the criminal; (4) the level of certainty the witness exhibited at the time of identification; and (5) the length of time between the crime and the showing. Manson v. Brathwaite, 432 U.S. 98,114, 97 S.Ct. 2243, 2253, 53 L.Ed.2d 140 (1977); Neil v. Big-gers, 409 U.S. 188,199, 93 S.Ct. 375, 382, 34 L.Ed.2d 401 (1972). Little dispute exists that the witnesses in question had an excellent opportunity to view Kubat while he was in the Back Door bar on November 2. Jesse Lopez spoke with Kubat and Ms. Quick for approximately 20 to 25 minutes at a distance of four feet. He recalled portions of the conversation and commented that Kubat reminded him of a movie star because of the dimple in his chin. Nora Lopez and Sandra Lawson also viewed Kubat and Ms. Quick for a significant portion of the 45 minutes the two spent at the Back Door. The witnesses’ attention was drawn to the couple because they were strangers in a bar frequented almost exclusively by regular patrons. The fact that Kubat engaged in a lengthy conversation with some of the witnesses obviously required that their attention focus on him. Moreover, the witnesses were able to accurately recall several details of the incident — what the couple ordered to drink and eat, where the couple sat, and when they arrived and departed. These facts all indicate the witnesses were quite attentive while they viewed Kubat and Ms. Quick. Since the record does not indicate that the witnesses were ever asked to furnish a description of Kubat prior to viewing the photographs, this factor appears irrelevant. As with the first two considerations, the level of certainty exhibited by the witnesses identifying Kubat favors a finding of reliability. Though the witnesses were unable to positively identify Kubat after viewing the initial array, little significance can be attached to this fact because the photograph of Kubat used in that display was blurred. Given the poor quality of Kubat’s photograph, the witnesses gave the strongest indication possible under the circumstances that Kubat’s photo depicted the man they saw on the day in question. The results of the subsequent showings bolster this conclusion. After viewing the black and white mug shot of Kubat contained in the later arrays, the witnesses positively identified Kubat. Although Sandra Lawson expressed concern when viewing the later array that her identification of Kubat may have resulted from seeing his picture earlier in a newspaper, these facts were disclosed to the jury and thus bore on the weight of the in-court testimony, not its admissibility. The length of time between observation and identification in this case is not insubstantial. Approximately 24 days passed between the time the witnesses observed Kubat and when they tentatively identified him. Although Jesse made a positive identification on November 29, 1979 after viewing a subsequent array, Nora Lopez and Sandra Lawson were not shown a second display until February 26, 1980. Thus, with regard to Nora Lopez and Sandra Lawson, approximately four months intervened between the incident and the identification. The foregoing discussion indicates that three of the four factors relevant to the identifications in this case weigh favorably for a finding of reliability. Although the time elapsed between the observation and identifications in this case cannot be construed as a factor enhancing trustworthiness, the fact that four months may have passed before a positive identification was made by some of the witnesses is insufficient to render the identification testimony unreliable. Here, the witnesses had an excellent opportunity to observe Kubat, were attentive while he was in their presence, and expressed a high level of certainty that Kubat was the man they had seen. Weighing the indicia of reliability against the possible suggestiveness of the procedures employed, this court is compelled to find the identification testimony of Sandra Lawson, Jesse Lopez, and Nora Lopez reliable. 3. Effective Assistance of Counsel at Trial Finally, Kubat attacks his conviction on the ground that he was denied effective assistance of counsel at trial. The standards applicable to a Sixth Amendment claim of ineffective assistance of counsel are articulated in the Supreme Court’s decision in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). According to Strickland, the test for effective assistance of counsel has two prongs. First, the defendant must show his attorney’s performance “fell below an objective standard of reasonableness.” Id. at 688, 104 S.Ct. at 2064. In making this determination, Strickland instructs that a court indulge in a “strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action ‘might be considered sound trial strategy.’ ” Id. at 689, 104 S.Ct. at 2065. Second, the defendant must show that the deficient performance prejudiced his defense. Id. at 687, 104 S.Ct. at 2064. Under this prong, the “defendant must show that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceedings would have been different.” Id. at 694, 104 S.Ct. at 2068. Because a defendant is required to meet both elements of the test, a court need not address “whether counsel’s performance was deficient before examining the prejudice suffered by the defendant as a result of the alleged deficiencies.” Id. at 697, 104 S.Ct. at 2069. With these standards in mind, this court turns to Kubat’s arguments. Kubat asserts four instances of allegedly deficient performance stemming from the guilt phase of his trial: (1) counsel’s failure to call three witnesses who would have offered testimony supporting his alibi defense; (2) counsel’s failure to present evidence to establish that a tire track found near the victim’s body could not have been made by the tires on Kubat’s car, and thus his disposal of an old set of tires after the murder did not reflect consciousness of guilt; (3) counsel’s failure to impeach Ms. Quick with testimony regarding her reputation for dishonesty; and (4) counsel’s failure to elicit from witnesses at the Coffee And bar that they saw a car leaving the parking lot which did not resemble Kubat’s vehicle. a. Failure to Call Alibi Witnesses Kubat first argues that his counsel’s failure to call Margie Elea, Charles Fleisig, and Francine Bejda was professionally irresponsible and severely prejudiced his defense. Margie Elea, according to her testimony during Kubat’s state post-conviction hearing, stated that she was working at a Highland, Indiana gas station the evening of November 1, 1979. Ms. Elea testified that at approximately 10:30 p.m. that evening, she observed a man she later identified as Kubat enter the gas station with a young dark-haired woman in her twenties. Kubat asked Ms. Elea to call a tow truck because his car had broken down. Ms. Elea stated Kubat was driving a white station wagon. After Ms. Elea informed Kubat she had attempted to summon help, Kubat returned to his car. She stated that Kubat remained in his car when her work shift ended at 2:00 a.m. Ms. Elea also testified that she had been contacted by Kubat’s attorneys and was subpoenaed to testify at Kubat’s trial but was never called. Charles Fleisig, the second alibi witness Kubat asserts should have been called, died before the post-conviction hearing was held. However, prior to his death, Mr. Fleisig executed an affidavit in which he states he was with Kubat at a Chicago tavern on November 2 at the time the abduction and murder occurred. The record indicates that prior to trial, Mr. Fleisig was interviewed by defense counsel, but efforts to find him and present him as a witness at trial were unsuccessful. Finally, Kubat argues his girlfriend, Francine Bejda, should have been called to offer testimony on his behalf. At the post-conviction hearing, Ms. Bejda testified that she was with Kubat the evening of November 1 until about 8:00 p.m. Ms. Bejda stated she next saw Kubat the following morning sometime between 6:00 and 8:00 a.m. Ms. Bejda asserted that she and Ku-bat went to pick up a rent assistance check from her caseworker, Nancy Schultz, and then went to “Lil’s bar” where they saw Charles Fleisig. When Lillian Tesnohlidek, the owner of the tavern, refused to cash the rent assistance check, Ms. Bejda and Kubat went to a second bar where the bartender agreed to accept the check. After leaving the second tavern a short while later, Ms. Bejda testified that she and Ku-bat spent the rest of the day in each other’s company. On cross-examination, Ms. Bejda admitted that at the time of Kubat’s trial, she was uncertain as to the date she and Kubat did the above-described activities. She also stated she had been in close contact with Kubat’s attorneys prior to trial and had helped supply names of possible defense witnesses. Ms. Bejda testified that through memory reconstruction and hypnosis or deep relaxation techniques, she had been able to arrive at the dates of November 1 and 2. Examining counsel’s decisions regarding these witnesses, this court is reminded that “strategic choices made after thorough investigation of law and facts relevant to plausible options are virtually unchallengeable.” Strickland, 466 U.S. at 690, 104 S.Ct. at 2066. The foregoing testimony makes clear that Kubat’s counsel spoke to each of the three witnesses concerning the testimony they could offer on Kubat’s behalf. Kubat’s attorneys elected to call only one of the three witnesses to testify at trial. However, that witness, Mr. Fleisig, could not be located before the defense rested. These facts indicate that Kubat’s counsel conducted a reasonable inquiry into several possible sources of alibi testimony and believed the testimony of only one would be useful at trial. Thus, the strong presumption applicable to informed strategic choices attaches to counsel’s decisions regarding these witnesses. Kubat takes the position that the testimony each of the three witnesses would have offered on his behalf was “absolutely critical” to establishing his alibi defense. Therefore, Kubat argues that counsel’s failure to call Ms. Elea and Ms. Bejda and inability to locate Mr. Fleisig were egregious and inexplicable errors. This court is unable to agree. The theory of defense advanced at trial was that on November 2, Kubat was not in Kenosha with Ms. Quick, but instead spent the day with his girlfriend, Ms. Bejda, in Chicago. The alibi defense was presented primarily through the testimony of three disinterested witnesses who claim to have seen Kubat in Ms. Bejda’s company on the day in question. Nancy Schultz, a caseworker with the Lyons Township General Assistance Department, testified at trial that she first met Ms. Bejda in early October 1979 when Ms. Bejda applied for rent assistance. Ms. Schultz stated that the application was approved on October 29, and three or four days later, Ms. Bejda came to the assistance office to pick up her first check. The check, which was entered into evidence, was made payable to Robert Kubat because Ms. Bejda’s application listed him as her landlord. Ms. Schultz recalled that Ms. Bejda was accompanied by a man fitting Kubat’s description who waited outside her office. The date on the rent assistance check was November 2, 1979. Lillian Tesnohlidek, who owned the Star-club tavern in Chicago, testified at trial that she had been acquainted with Kubat for six or seven years and that Kubat’s brothers lived in the neighborhood in which her bar was located. On November 2, at approximately 10:30 a.m., Ms. Tesnohlidek stated that Kubat and a woman entered her bar. Kubat ordered a few drinks and began a conversation with a bar patron by the name of Charles Fleisig. Kubat then gave Ms. Tesnohlidek the rent assistance check and asked if she would cash it. Ms. Tesnoholidek testified that she refused, and Kubat and the woman left shortly thereafter. Finally, Mario Brajkovich, owner of the Lawndale lounge in Chicago, was called to testify for the defense. Mr. Brajkovich testified that Kubat, with whom he had been acquainted for some years, came into his bar on November 2 accompanied by a dark-haired woman. Although Mr. Brajko-vich could not identify the lady who was with Kubat, he was familiar with Ms. Quick and was positive she was not the woman. Mr. Brajkovich stated he cashed the rent assistance check for Kubat and identified his endorsement on the back of the instrument. The testimony of Ms. Schultz, Ms. Tes-nohlidek, and Mr. Brajkovich placed Kubat in Chicago with Ms. Bejda on November 2 at the time the victim was abducted and murdered. Little doubt exists that Kubat’s counsel employed the strategy of establishing Kubat’s alibi through the use of neutral witnesses and documentary evidence. In light of these facts, Kubat’s assertion that Ms. Elea, Ms. Bejda, and Mr. Fleisig were absolutely essential to establishing his alibi defense is without merit. Kubat argues that Ms. Elea’s testimony concerning his whereabouts on the evening of November 1 would have undercut Ms. Quick’s testimony that she and Kubat had traveled to Kenosha in the early morning hours of November 2. Although this may be true, this court does not believe Kubat’s counsel committed a “grevious and incomprehensible” error in choosing not to offer Ms. Elea’s testimony. Counsel’s strategy focused on placing Ku-bat in Chicago on November 2 at the time he was allegedly in Kenosha. Counsel’s election to not establish Kubat’s whereabouts the night before the crime was not an unreasonable trial strategy. Had Ms. Elea testified, questions would have been raised concerning the identity and whereabouts of the woman who was allegedly with Kubat on the evening in question. Significantly, Kubat does not assert that his attorneys were ineffective for failing to call the young dark-haired woman to testify on his behalf. Moreover, Ms. Elea’s testimony at the post-conviction proceedings raised some doubt that November 1 was in fact the date she observed the incidents she described. Since Ms. Elea’s testimony might have raised more questions for the defense than