People v. Redd (135 Ill. 2d 252, 1990)

JUSTICE CALVO

delivered the opinion of the court:

Following a jury trial in the circuit court of Cook County, defendant, Frank Redd, was convicted of the rapes and murders of Aretha and Leola Bea. The same jury which convicted defendant determined defendant was eligible for the death penalty. The jury found no mitigating circumstances sufficient to preclude imposition of the death penalty and returned a verdict directing that defendant be sentenced to death. The circuit court entered judgment on the verdict and also sentenced defendant to an extended term of imprisonment of 60 years on the two rape convictions. Defendant’s post-trial motions were denied, and he brings a direct appeal to this court (Ill. Const. 1970, art. VI, §4(b); 107 Ill. 2d R. 603). For the reasons expressed in this opinion, we reverse the convictions, vacate the imposed sentences and remand for a new trial.

Two sisters, Leola Bea, three years old, and Aretha Bea, five years old, were raped and murdered in the early morning hours of March 4, 1984. Leola and Aretha lived with their mother, Ruby Bea, and their sister, Robert Terese, at 6712 South Halsted in Chicago.

Ruby Bea and her three children lived on the third floor of the three-floor building. On the first floor was a lounge, which was closed. On the second floor were two apartments: Percy Hamilton lived in the second-floor rear apartment, and Gloria Stewart, her son, Tyrone, and her fiance, Leslie Bea, lived in the second-floor front apartment. Ruby Bea and her three children lived in the third-floor rear apartment; Betty Gray lived in the third-floor front apartment.

Gloria Stewart is defendant’s sister. Leslie Bea is Ruby Bea’s brother-in-law. Ruby Bea had been paying rent for her third-floor apartment since January 1984. Ruby Bea and her children did not move into the apartment until March 3, 1984. Before that, Ruby and her children lived with Gloria Stewart in her second-floor apartment.

On March 3, Ruby Bea left her children with Mrs. Earceaner Washington at 6950 South Peoria. Mrs. Washington had baby-sat for the children before. Mrs. Washington is the mother of defendant and Gloria Stewart. Defendant was living with his mother at 6950 South Peoria on March 3. It is approximately 2% blocks from 6950 South Peoria to 6712 South Halsted. It is a 5- to 10-minute walk between the two apartment buildings.

At approximately 9 or 10 p.m., defendant, Ruby Bea and her children left Mrs. Washington’s house. Ruby Bea had asked defendant to walk her and her children home. According to Ruby Bea, defendant walked her and her children all the way to her home. According to defendant, he walked Ruby and her children partway home, then left them to try to find Leslie Bea. Defendant was unable to find Leslie Bea and went to his sister’s apartment, located one floor below Ruby Bea's apartment. Defendant knocked on the door and no one answered. Ruby Bea heard defendant downstairs and invited him up to her apartment.

Ruby Bea and defendant stayed in Ruby’s apartment until the children went to bed in Ruby’s bedroom. The children went to bed fully clothed, as there was no heat in the apartment. Sometime later that evening, Ruby Bea and defendant went downstairs to Gloria Stewart’s apartment. The children were left alone. The front door to Ruby Bea’s apartment was left unlocked. The back door, which led from the kitchen to a porch, was nailed shut and had a refrigerator pushed against it.

When defendant and Ruby Bea arrived at Gloria Stewart’s apartment, Gloria Stewart and Leslie Bea were there. At some point, defendant left the apartment. Testimony differed as to whether and when defendant returned.

Sometime after defendant left, Leola and Aretha were discovered to be dead. The back door in Ruby Bea’s apartment, which had been nailed shut, had been forced open. Leola was found in the bed. Aretha was found in the backyard of the next building. Both children had been raped.

Leola was naked from the waist down. There was a shirt wrapped tightly around Leola’s neck. When it was removed, there was a ligature impression approximately eight-tenths of an inch wide which encircled her neck. She had abrasions on her chest and forehead. There was a laceration of the back wall of her vagina that extended through the muscle which separates the vagina and the rectum. It was the opinion of Dr. Edmund Donoghue, who performed the autopsy, that Leola died of strangulation.

A windbreaker was found wrapped around Aretha’s neck. Aretha was naked from the waist down. Aretha had abrasions on the front and right side of her neck. There were.numerous other abrasions around Aretha’s left eye, on the left side of her face and mouth, below her lip, on her chin, and in front of and on her left earlobe. There were additional abrasions on her right thigh, and a superficial incised wound on her right knee. Aretha’s hymen was torn, and a bloody fluid was present in her vagina. There was also bleeding beneath her scalp and a linear fracture of the right parietal bone of her skull. Additionally, there was bleeding beneath one of the membranes of the brain and there was cerebral edema.' It was Dr. Donoghue’s opinion that Aretha died after strangulation or cerebral injuries. Dr. Donoghue concluded Aretha was dead before she went over the third-floor railing into the backyard of the neighboring building.

After talking with defendant, Leslie Bea, Gloria Stewart, Ruby Bea, Percy Hamilton, Mrs. Washington and others, the police placed defendant under arrest on March 4, 1984, for the rapes and murders of Leola and Aretha Bea.

Defendant alleges numerous errors at all stages of the proceedings. Because we reverse the convictions and remand for a new trial, we need not address all the issues raised. Only the evidence necessary for a resolution of the issues addressed in this opinion will be discussed.

I. Pretrial Motions

A. Motion to Quash Arrest

Defendant made a pretrial motion to quash his arrest. The circuit court denied the motion. The following evidence was adduced at the hearing on the motion to quash arrest.

Earceaner Seattle Washington, mother of defendant, testified that two detectives in civilian clothes knocked on her door at 6950 South Peoria at 5:45 a.m. on March 4, 1984. When she opened the door, the two detectives walked in and asked if defendant was there, and if she thought defendant would mind going down to the station to answer some questions.

After telling the detectives defendant was sleeping, Mrs. Washington testified, the detectives told her to wake defendant. Mrs. Washington shook defendant to wake him, and the detectives were standing over her shoulders. One of the detectives asked defendant if he would mind going down to the station to answer some questions, and defendant responded, “Well, I don’t guess I have a choice.”

The detectives asked Mrs. Washington if she wanted to go down to the station. Mrs. Washington asked if she had to go, and one of the detectives said, “Yes, we would like to ask you some questions, too.” Mrs. Washington said the detectives would not let defendant change clothes. Although the detectives did not have their guns drawn, Mrs. Washington testified each detective had his coat brushed back and had his hand on his holster, exposing his gun. Mrs. Washington, defendant, and the two detectives went by car to the police station.

Except for the two times Mrs. Washington went with the police to search her house, she was at the police station from approximately 6 a.m. until midnight. Although she asked if she could leave to go to a store, she was told she could not.

Mrs. Washington only saw defendant one time after he was put in the interview room upon arrival at Area 3. Two or three hours after Mrs. Washington and defendant arrived at Area 3, defendant, accompanied by two police officers, came out of the interview room he was in, bent over with tears in his eyes, and went to the water fountain.

According to Mrs. Washington, Percy Hamilton and three or four more people were in the waiting room. Mrs. Washington said her daughter, Gloria Stewart, and her daughter’s boyfriend, Leslie Bea, were not in the waiting room; they were in interview rooms. Mrs. Washington eventually was taken into an interview room and questioned.

Defendant testified he had been sleeping on the couch in his mother’s living room when the police arrived at his mother’s apartment. He had been asleep about an hour or so. He was wearing black pants and a tee shirt. Defendant’s mother, Mrs. Washington, woke defendant. The police were standing by his mother. Defendant may have heard his mother tell him the police wanted him to go to the station with them. Defendant also thought one of the detectives asked him if he would go down to the station. Defendant told the detectives, “That it didn’t seem like I had much of a choice.”

Defendant asked if he could change his clothes and brush his teeth, and if he could put on his socks. Defendant testified the detectives told him he could not. Defendant stated at least one of the two detectives had his hand by his holster in such a way that he could see the detective’s gun.

Defendant testified that when his mother went to get her coat, one of the detectives searched him. Neither detective told defendant he was under arrest, nor was defendant handcuffed at that time. Defendant stated he had been previously placed under arrest without being handcuffed.

Defendant grabbed a jacket and went with his mother and the two detectives to the unmarked police car. Defendant was not handcuffed during the ride to Area 3 Violent Crimes headquarters. When defendant arrived at the police station, he was placed in an interview room. Defendant testified he did not feel free to leave when he first arrived at the police station.

Detective Walter J. Szamolewicz, assigned to Area 3 Violent Crimes of the Chicago police department, testified for the State. Detective Szamolewicz and his partner, Detective Henry Leja, went to 6950 South Peoria with the purpose of interviewing one of the remaining witnesses who had been at Gloria Stewart’s apartment the night before. Detective Szamolewicz could not remember the name of the supervisor who sent him and his partner to 6950 South Peoria to interview defendant.

Detective Szamolewicz knocked on the door, and Mrs. Washington answered. Detective Szamolewicz introduced himself and his partner, showed Mrs. Washington his badge, and told Mrs. Washington they would like to interview defendant. Mrs. Washington told the detectives she was defendant’s mother, and told them to “come in.” After defendant’s mother woke him, Detective Szamolewicz informed defendant that he and his partner were police officers, and then told defendant his name and that of his partner. Detective Szamolewicz stated he told defendant the detectives would like to interview him about the death of two little girls and asked defendant if he would accompany the detectives to Area 3. Detective Szamolewicz testified the defendant said “Sure.” According to Detective Szamolewicz, Mrs. Washington asked if it would be all right if she went with him, and Detective Szamolewicz said it would be.

Detective Szamolewicz was armed, but his gun was completely concealed. Defendant never asked to change clothes, brush his teeth, or put on a pair of socks. Detective Szamolewicz did not know defendant had been arrested and charged on a prior case involving the alleged rape of a young girl. No one searched defendant.

Defendant argues he was illegally arrested at his home, relying on Payton v. New York (1980), 445 U.S. 573, 63 L. Ed. 2d 639, 100 S. Ct. 1371. Defendant argues the circuit court erred when it denied defendant’s motion.

In Payton, the Supreme Court held “the Fourth Amendment to the United States Constitution *** prohibits the police from making a warrantless and nonconsensual entry into a suspect’s home in order to make a routine felony arrest.” (Payton, 445 U.S. at 576, 63 L. Ed. 2d at 644, 100 S. Ct. at 1374-75.) The police in Payton had evidence sufficient to establish probable cause to believe the defendant had committed murder. The police did not obtain a warrant to arrest the defendant, but went to his apartment one morning at 7:30 a.m. Lights were on at the defendant’s apartment and music was being played, but no one answered the door. The police summoned emergency assistance, and later used crowbars to break open the door and enter the apartment.

Although no one was in the apartment, the police found a .30-caliber shell casing in plain view which was later used in evidence at the defendant’s trial. The Supreme Court held that the State statute which authorized police officers to enter a private residence without a warrant and with force, if necessary, to make a routine felony arrest was unconstitutional because it violated the fourth amendment.

The circuit court in the case at bar denied defendant’s motion to quash his arrest. The circuit court did not find the evidence presented by defendant to be credible. The circuit court did not believe the officers came into Mrs. Washington’s house without her consent, ordered her to wake defendant, ordered defendant and his mother to go to Area 3, refused defendant permission to change clothes or brush his teeth, and then frisked defendant. The circuit court found the evidence presented by the State to be credible. The police officers identified themselves, requested and received permission to enter Mrs. Washington’s home, asked Mrs. Washington to wake defendant, and asked defendant to go to Area 3 to answer questions concerning the events of March 3-4 at 6712 South Halsted. Detective Szamolewicz denied defendant requested to change clothes or brush his teeth. He also testified his gun was completely concealed. Detective Szamolewicz testified defendant agreed to go with the police officers and expressly denied defendant was frisked. Defendant was never told he was under arrest and was not handcuffed. The circuit court concluded no arrest took place at defendant’s home.

The evidence presented by defendant at the hearing on the motion to quash arrest conflicted with the evidence presented by the State. It is the function of the circuit court to weigh the evidence and determine the credibility of the witnesses. (People v. Henderson (1965), 33 Ill. 2d 225, 229.) A reviewing court will not disturb a circuit court’s ruling on a motion to quash arrest unless that finding is manifestly erroneous. (People v. Gacho (1988), 122 Ill. 2d 221, 234; People v. Cabrera (1987), 116 Ill. 2d 474, 485-86.) The circuit court’s ruling that defendant was not arrested in his home is supported by the evidence presented by the State. We cannot say the circuit court’s ruling is manifestly erroneous; accordingly, the ruling of the circuit court denying defendant’s motion to quash arrest is affirmed.

B. Motion to Suppress Evidence

Defendant made a motion to suppress evidence which was denied. The following evidence was adduced at the hearing on defendant’s motion to suppress evidence. William Foley, a detective with the Chicago police department, testified for the State. Detective Foley came on duty at Area 3 at approximately 9 a.m. on March 4, 1984. At 10:30 a.m., Detective Foley and his partner, Detective Cegielski, interviewed defendant in the interview room for approximately 30 minutes.

Before the interview with defendant, Detective Foley was aware that other witnesses were present at Area 3, but was not aware anyone was accusing defendant of killing the two children. Detective Foley knew the results of some interviews before he first spoke with defendant, but did not know the results of interviews with defendant’s mother, defendant’s sister, or the mother of the deceased children. He only knew the results of the interviews with the neighbors of the Bea family.

Detective Foley did not know how long defendant had been in the interview room before he talked with defendant at 10:30 a.m. Detective Foley assumed defendant was a witness and did not consider defendant a suspect. According to Detective Foley, defendant was not in custody. To the best of his knowledge, Detective Foley considered defendant free to go. Defendant was not under arrest. Defendant was not handcuffed and was not given Miranda warnings at the 10:30 a.m. interview.

At approximately 12:30 p.m. or 1 p.m. on March 4, Detective Foley gave defendant some food, which was paid for by Detective Foley. There was no conversation between Detective Foley and defendant at this time. Detective Foley and his partner, Detective Cegielski, next interviewed defendant at 1:30 p.m., at which time defendant was told he was under arrest for homicide and was orally given Miranda warnings by Detective Foley. Detective Foley testified that defendant understood each and every right given to him. Defendant’s face was not swollen; defendant was not bleeding.

At the 10:30 a.m. interview, defendant had given an account of where he was and what he had observed the night of the homicide. The 10:30 a.m. interview and the 1:30 p.m. conversation with defendant were similar. At the conclusion of the 1:30 p.m. conversation, which lasted approximately 30 minutes, defendant was handcuffed: one hand in one handcuff and the other handcuff in a ring attached to the wall.

The third time Detective Foley and his partner, Detective Cegielski, interviewed defendant was at approximately 7:45 p.m. Defendant was orally advised of the Miranda warnings, and the conversation lasted approximately 15 minutes.

The fourth time Detective Foley had a conversation with defendant was around 9:30 p.m. Also present was Assistant State’s Attorney Irvin Miller. At that time, defendant was again given Miranda warnings and was informed Mr. Miller worked with the police department and was not a lawyer for defendant. The conversation lasted approximately 30 minutes.

At 10:10 p.m., defendant asked Detective Foley if he could speak with Mr. Miller alone. Mr. Miller then talked with defendant; Detective Foley did not talk with defendant after that time.

Detective Foley testified neither he nor his partner ever threatened defendant in any fashion. Detective Foley also testified that neither he, his partner, nor Mr. Miller ever had any physical contact with defendant in any type of threatening manner. No promises were made to defendant by either Detective Foley or his partner. Detective Foley testified that at all times when he talked with defendant, defendant seemed coherent and normal.

Detective Foley did not know where defendant was taken after his conversations with defendant were finished; he did not know whether defendant attempted suicide. All the conversations between Detective Foley and defendant took place in the same interview room. Detective Foley did not believe defendant was allowed any civilian visitors.

James Higgins, a detective with the Chicago police department, also testified on behalf of the State. Detective Higgins was one of several detectives assigned to the investigation of the Bea children’s homicide. His duties were to locate any witnesses and gather any evidence which would pertain to the Bea children’s homicide. Detective Higgins was involved in putting together the police report on the arrest of defendant. Although Detectives Higgins’, Foley’s and Cegielski’s names are listed on the report as arresting officers, Detective Higgins testified he was not an arresting officer.

Detective Higgins saw defendant in the interview room at Area 3 sometime in the morning of March 4, 1984. Sometime around 4 p.m. or 5 p.m., Detective Higgins took defendant to the washroom. Detective Higgins did not remember if defendant was handcuffed at the time he took defendant to the washroom. During the five minutes or so it took to take defendant from the interview room to the washroom and back to the interview room, Detective Higgins did not see any other witnesses. Detective Higgins testified defendant did not ask if he could talk to his family; Detective Higgins could not recall if defendant’s mother, Mrs. Washington, was at Area 3.

Except for seeing defendant alone in the interview room sometime in the morning, and taking defendant to the washroom and back around 4 or 5 p.m., Detective Higgins did not have any contact with defendant. Detective Higgins testified that, while taking defendant to the washroom, he did not have any conversation with defendant, nor was he present when anybody else had a conversation with defendant. Detective Higgins testified he never threatened defendant, never had any physical contact with defendant of a threatening nature, never beat or abused defendant, and never made any promises to defendant. Defendant never asked Detective Higgins if he could make a phone call, nor did defendant ask for time to sleep or rest.

Craig Cegielski, a detective with the Chicago police department, also testified on behalf of the State. Detective Cegielski and his partner, Detective Foley, spoke with defendant at 10:30 a.m. on March 4, 1984. Detective Cegielski did not continuously rest his hand on his gun, which he was wearing on his belt, during this conversation. At that time, defendant was not given the Miranda warnings; defendant was given the Miranda warnings at 1:30 p.m. At approximately 7:45 p.m., Detective Cegielski and Detective Foley had a conversation with defendant, which lasted 15 minutes or so; defendant was advised of the Miranda warnings by Detective Foley. Detective Cegielski and Detective Foley wrote down notes from the conversations with defendant; Detective Cegielski did not have any idea where the notes were. Detective Cegielski testified that neither he nor his partner ever threatened defendant in any manner. Defendant appeared “alert, coherent, and responsive.”

Detective Cegielski came on duty at Area 3 around 8:15 a.m. or 8:30 a.m. on March 4; Detective Cegielski was not certain whether he knew how long defendant had been in the interview room when he and Detective Foley first interviewed defendant at 10:30 a.m. Detective Cegielski denied that defendant was bleeding from the mouth when he spoke to defendant. Further, Detective Cegielski never hit defendant. Defendant was not told he was free to leave at the conclusion of the first interview. Detective Cegielski had his gun on his belt and could not recall if his jacket was removed during the 10:30 a.m. conversation.

Detective Cegielski was unaware of defendant’s criminal background at the 10:30 a.m. conversation with defendant. Detective Cegielski may have run a bureau of identification sheet on defendant. Detective Cegielski did not know what time he would have run a sheet on defendant, if he had done so at all; Detective Cegielski did not know whether any other officers ran a sheet on defendant prior to the 10:30 a.m. conversation.

Detective Cegielski was unaware of any requests by any member of defendant’s family to see defendant. Detective Cegielski denied ever hitting defendant with a wastepaper basket; further, no one else hit defendant with a wastepaper basket. Detective Cegielski never kicked, hit, or told defendant that his family would be killed if defendant did not cooperate.

Irvin Miller, assistant State’s Attorney and supervisor of the felony review unit, testified on behalf of the State. Mr. Miller was called at home concerning defendant’s case, and arrived at Area 3 at approximately 9 p.m. on March 4, 1984. When he arrived, Mr. Miller talked with another assistant State’s Attorney and several detectives. At approximately 9:30 p.m., Mr. Miller first talked with defendant; Detective Foley was present during this conversation. Mr. Miller orally gave Miranda warnings to defendant, and testified that defendant understood each right. The first conversation lasted approximately 30 minutes.

At 10:10 or 10:15 p.m., defendant knocked on the door and asked a police officer, most likely Detective Foley, to get Mr. Miller. Mr. Miller went into the interview room with defendant for a conversation which lasted approximately 45 minutes. During this time, an assistant State’s Attorney, and then Lieutenant Stibboch, entered the room for no more than 30 seconds each.

At approximately 11:15 p.m., defendant indicated to Mr. Miller that defendant wished to make a statement. Mr. Miller explained the role of a court reporter and told defendant a court reporter could be present. Defendant told Mr. Miller that defendant wanted to say his statement in his own words. It took defendant approximately two hours and 15 minutes to write his statement. Defendant finished writing his statement at approximately 1:30 a.m. on March 5, 1984. Several times during this period, Mr. Miller and an assistant State’s Attorney, together and individually, checked on defendant for a period of a few seconds. Defendant wrote out his statement on a preprinted form which contained Miranda warnings on the top of each page.

At 1:30 a.m., Mr. Miller went into defendant’s interview room and defendant read his statement. Mr. Miller testified that defendant signed the statement in his presence. At 1:50 a.m., Mr. Miller was present when defendant was photographed on the first floor of Area 3. Defendant signed the back of the photo. Defendant was never handcuffed in Mr. Miller’s presence. Neither Mr. Miller nor any other person ever made any promises or threats to defendant to induce the statement, and no one physically beat defendant. Mr. Miller denied that defendant had bruises or blood on his face. Mr. Miller saw nothing irregular about the police conduct toward defendant.

Mr. Miller testified that in response to defendant’s request, he wrote out by his own hand a guarantee that defendant had not been beaten by the police and would not be beaten by the police. Mr. Miller signed the guarantee and put his phone number on it. Mr. Miller denied the guarantee was made because defendant felt in fear of his life. At trial, Mr. Miller testified defendant told him defendant thought the police would mistreat him if he confessed. Mr. Miller wrote the guarantee to relieve defendant of the misconception that police abused people who confess to the crime of murdering children.

Mrs. Washington, mother of defendant, testified for the defense at the hearing on the motion to suppress statements. Mrs. Washington arrived at Area 3 at approximately 6:15 a.m. After she was questioned by two officers in an interview room, Mrs. Washington went back to the waiting room and sat about 30 feet away from the interview room in which defendant was located. Mrs. Washington heard police cursing defendant and heard defendant groaning. This occurred about two or three hours after Mrs. Washington and defendant first arrived at Area 3. From the time Mrs. Washington first heard defendant groaning until she left Area 3 around midnight, she heard defendant groan approximately 20 or 30 times.

Mrs. Washington stated that the police came out of the interview room and told her that she “better tell my son to cop out.” Although Mrs. Washington asked to talk with her son several times, she was never allowed to do so. As she did at the hearing on defendant’s motion to quash arrest, Mrs. Washington stated that, at one point, defendant came out of the interview room with two officers and — bent over with tears in his eyes — went to the water fountain. Mrs. Washington did not have time to notice whether defendant had any bruises on his arms or face at that time. Defendant then went back to the same interview room, and Mrs. Washington heard “lots of loud cursing going on in there.” Sometime during the afternoon, Mrs. Washington was told to go across the hall into another room by a police officer.

Mrs. Washington testified she was given a piece of paper she was told to sign to enable the police to search her house or she would be arrested. Mrs. Washington testified she was asked by detectives if she wanted to be charged with accessory to murder. Mrs. Washington also testified that the only officer who threatened her “point-blank” was one of the officers who twice took her to her home to search it.

Mrs. Washington testified she called the Office of Professional Standards (OPS) and complained that her son was beaten at a police station. On June 15, 1984, two investigators from the OPS came to her home, and Mrs. Washington gave them a written statement.

Mrs. Washington did not see her daughter, Gloria Stewart, at Area 3. Percy Hamilton was in the waiting area during the morning, but not during the afternoon. Mrs. Washington stated that members of the victims’ family were in the waiting area when she first arrived at Area 3, but they were probably getting ready to go when she got there.

Mrs. Washington stated Ruby Bea, mother of the victims, was in an interview room, and she heard Ms. Bea crying. Leslie Bea, Mrs. Washington’s daughter’s fiance, was in an interview room when Mrs. Washington first arrived at Area 3. Mrs. Washington testified she did not hear Leslie Bea cry.

Defendant testified at the hearing on his motion to suppress evidence. On direct examination, defendant testified that during the 15-minute ride from defendant’s house to Area 3, defendant was asked why he had been in the penitentiary. When defendant arrived at Area 3, he was placed in an interview room which did not have any chairs. This occurred around 6:10 a.m. Defendant attempted to leave the interview room in order to talk with Leslie Bea, but was told he was not allowed to talk to anyone and was made to go back inside the interview room. Defendant testified Detective Higgins told him this.

After a few minutes of being in the interview room, a lieutenant and three or four plainclothes officers came into the room. Defendant testified he thought the lieutenant was Lieutenant Curtin; one of the plainclothes officers was Officer Higgins, another had blond hair with dark roots, and another had brown hair. The blond-haired officer’s last name started with a “C” and ended with an “s-k-i.” The officers stayed for 20 or 35 minutes and questioned defendant. Defendant was not given his Miranda rights.

After the officers left, two of the above-described officers, the blond-haired man with dark roots and the short man with brown hair, came back in. This was approximately 7 or 8 a.m. Defendant was not given his Miranda rights; defendant testified that after he asked for a lawyer, he was told he did not deserve one. Further, the officers told defendant he had just gotten out of the penitentiary for the same thing, and he was going to go back to the penitentiary.

Sometime after this second interview, defendant asked Detective Higgins if he could go home, and Detective Higgins told defendant he could not. According to defendant, Detective Higgins, the officer with the blond hair with dark roots and the short officer with brown hair came back into the interview room. None of the three had coats on and their pistols were showing. The brown-haired officer informed defendant that if he did not talk, defendant would be beaten. The blond-haired officer hit defendant with the heel of his hand, knocking defendant against the wall, and slapped defendant. The blond-haired officer left, and the brown-haired officer told defendant if defendant did not cooperate his partner would beat the hell out of defendant. At this point, either the brown-haired officer or Detective Higgins took defendant to a water fountain, after which defendant was taken back to his room.

Defendant testified that after he was back in the room, Detective Higgins and the blond-haired officer beat him some more. The blond-haired officer kicked a garbage can and hit defendant’s hand; he hit defendant in the face; he repeatedly hit defendant in the chest with the heel of his hand in such a manner that defendant was knocked against the wall.

Another officer, a thin, small man, then came and talked to defendant. This plainclothes officer told defendant that there was evidence against him, and defendant should tell the truth. Defendant testified he asked this officer for a counselor. Defendant testified he consistently asked everyone for counsel throughout all this time.

Later, the three officers (Detective Higgins, the blond-haired officer and the brown-haired officer) returned to the interview room. Defendant testified he was never really left alone; sometime after the above-described meetings some other officers talked with defendant. Defendant testified that these officers tried to tell him they had a case against defendant, there was nothing defendant could do, and defendant was going to be sent to the penitentiary.

Defendant testified he saw two State's Attorneys around 2 a.m.: Mr. Miller and a female. Defendant testified he told Mr. Miller he had been beaten. According to defendant, Mr. Miller told defendant that defendant would get the electric chair if defendant did not cooperate. By cooperate, defendant testified Mr. Miller meant for defendant to sign a statement.

Mr. Miller told defendant that defendant must talk with either him or the officers; Mr. Miller left the interview room and the officers came in. The officers beat defendant again. The officers left and Mr. Miller came back in and told defendant to fill out a statement. Defendant testified that Mr. Miller drew a diagram showing Ruby Bea’s house; Mr. Miller told defendant where the children were supposed to have been killed.

After telling Mr. Miller he had been beaten and was fearful of being beaten again, defendant asked Mr. Miller for some type of protection. Mr. Miller wrote a statement to defendant saying defendant had not been beaten and would not be beaten, signed the statement, and put his phone number on it. Defendant then wrote out a statement, which defendant signed and Mr. Miller signed.

Later, defendant was taken downstairs where a photograph was taken. Defendant was then taken to 61st and Racine. On the way to 61st and Racine, defendant was taken to a drive-through restaurant for food. Defendant stayed in a holding cell at 61st and Racine for 10 or 15 minutes, then more mug shots were taken and defendant was fingerprinted. After this, defendant was taken back to Area 3, where he was put back in the interview room.

Defendant testified he tried to commit suicide by hanging. After this, defendant was again taken to 61st and Racine, and someone took fingernail and hair clippings. Later, defendant was taken to the county jail. Defendant saw both a doctor and a judge, but was not sure whom he saw first. He told the judge he had been beaten. The judge directed that defendant be taken to a doctor. Defendant also saw a paramedic and a clinical psychologist. Defendant told the psychologist, Dr. Zoot, that he had tried to commit suicide because the police had beaten him. Defendant testified he did not make his written statement voluntarily.

On cross-examination, defendant testified he thought the blond-haired police officer with dark roots was Detective Cegielski. Defendant testified that Detective Higgins and the blond-haired officer came in to talk to him the second time.

Defendant testified Detective Higgins and the blond-haired officer both hit him. After the third or fourth time the various police officers came and went, defendant testified, he was handcuffed. This happened about three to four hours after the police brought defendant to Area 3.

During cross-examination, the prosecutor asked defendant to relate what he remembered beyond the last time the brown-haired detective struck him. Defendant testified he remembered that Assistant State’s Attorney Miller came in. Sometime between the time defendant was struck by the brown-haired detective and the time Mr. Miller came in, defendant testified, he was taken to either the water fountain or the bathroom. While on the way to the water fountain, defendant saw his mother but did not see Percy Hamilton.

According to defendant, at no time while he was at Area 3 was he ever told by any officer of his Miranda rights. Defendant testified he was never fed while at Area 3. Defendant testified he might have been struck 30 or 35 times by the police.

Defendant testified he was bleeding from being beaten by the police, and that the blood might have been on the inside of his mouth; defendant also testified that there might not have been any blood. Defendant’s chest and head were hurting him. Defendant’s back, between his shoulder blades, was hurting. Defendant stated that before being taken to the fast-food restaurant, he was taken to a hospital.

Defendant testified that Mr. Miller came in the first time alone at approximately 2 a.m. on March 6. Defendant told Mr. Miller he had been beaten. According to defendant, at no time did Mr. Miller ever advise him of his Miranda rights. Mr. Miller told defendant if he did not make a statement, defendant would see the police again. Defendant thought he was handcuffed at this time, and that Mr. Miller unhandcuffed him, but defendant was not sure. Defendant told Mr. Miller he would not sign a statement, and Mr. Miller left. The blond-haired detective, and maybe two more officers, came back into the interview room. The officers brought in chairs. The officers stayed about five minutes, and told defendant he had to make a statement. The officers left after one of them grabbed defendant by his clothes.

Mr. Miller again came into the room by himself. Defendant testified he thought the officers who had preceded Miller unhandcuffed him. Defendant testified that he sat in a chair for the first time that day during the second conversation with Mr. Miller. The conversation lasted seven or eight minutes. At this time, or sometime previously defendant was given a bunch of paper.

Mr. Miller left again. The police came back in; defendant testified he thought it was the same three who had previously come in. The blond-haired detective then hit defendant against the wall. According to defendant, the blond-haired officer threatened to take defendant to the basement to hurt him. Defendant was told that he would have to do whatever Mr. Miller told him to do. Defendant did not think he was handcuffed at this time, but that he was handcuffed before the officers left. The detectives were there about five minutes.

At this time, a female assistant State’s Attorney came in; defendant testified he did not think she introduced herself. Defendant was handcuffed and was sitting on the floor. The assistant State’s Attorney sat down on a chair across from defendant and told defendant not to be afraid and for defendant to trust her. Defendant testified the assistant State’s Attorney was two or three feet from defendant, had her legs spread apart and was not wearing any undergarments. Defendant further testified he did not know this person was an assistant State’s Attorney until he read her signature on his written statement. She stayed two or three minutes and then left. This was the only time defendant ever saw her.

At that point, defendant thought two or three officers came in, and one of the officers might have been Officer Higgins. Defendant was unhandcuffed; defendant told the officers he would make a statement. Mr. Miller came back in at that time, and the officers left, although maybe one stayed. Defendant remembered Officer Higgins sitting at the table with defendant and Mr. Miller, but he was unsure when that occurred.

Mr. Miller had brought in a bunch of paper with him. Defendant testified he had written out two statements sometime prior to Mr. Miller’s coming in this third time, but the statements were ripped up by the police. One of the statements was ripped up by the police outside the defendant’s presence; the other was ripped up by the police in his presence. This occurred possibly two hours before defendant first met Mr. Miller. One of the officers may or may not have been Officer Higgins. The statements were ripped up because the officers said defendant had not correctly written what had happened.

When Mr. Miller came in the third time, defendant wrote what was a 21/2-page or 3-page statement. There may have been an officer present; it may have been Officer Higgins. It took about two or three minutes to write out, and then Mr. Miller tore it up. Defendant testified Mr. Miller told defendant the statement did not contain what he wanted to hear.

Mr. Miller left at this point, and there may or may not have been an officer who stayed with defendant. Mr. Miller then came back in. At this point defendant did not think there was an officer present. Mr. Miller drew a diagram of Ruby Bea’s house, and explained to defendant where the dead girls were found. Defendant then wrote out a fourth statement. This statement took about 10 minutes to write. This statement was longer than 21k pages. Defendant testified that Mr. Miller took some of the pages and had defendant do them over. The final statement took about 20 minutes to write.

Mr. Miller never read the final statement back to defendant. Defendant did not sign the statement until after Mr. Miller made the written guarantee that defendant would not be beaten. Mr. Miller wrote two notes for defendant; defendant testified the first note was not concrete enough to serve as the protection he had requested.

Defendant denied that Mr. Miller gave him the protection note before defendant ever made any written statements. Defendant denied that anyone was with Mr. Miller when Mr. Miller read the statement back to defendant. Defendant denied the statement was read back to him.

About 10 minutes after defendant finished the fourth written statement, he was photographed. Defendant was taken to District 7 for fingerprinting and booking, then back to Area 3. Defendant testified he was not told he had been charged with the murders of the two Bea children. Back in the same interview room, defendant’s right hand was handcuffed to the wall. After 20 minutes, the blond-haired officer and another came in and said “harsh” things to defendant, which defendant was unable to remember. Before 30 minutes had passed, defendant testified, he attempted to commit suicide.

Defendant testified he took approximately a one-inch piece of cloth from the bottom of his tee shirt, put it around his neck, tied it to the bars on the screen covering the window and just sat back, thinking his circulation would be cut off. Defendant did not remember what happened next, but several officers came in.

On redirect examination, defendant testified he had given descriptions of the officers who had beaten him to an OPS officer.

Dr. Randy Zoot, an employee of the mental health staff of Cook County-Cermak Health Services, testified for the defense at the suppression hearing. Dr. Zoot, who has a Ph.D in clinical psychology, is on staff of the Health Services’ psychiatry department. On March 6, 1984, Dr. Zoot interviewed defendant. Defendant was brought to Dr. Zoot’s attention after an initial screening of defendant by a psych-trained officer. Dr. Zoot testified that defendant had reported a suicide attempt while in police lockup. Dr. Zoot testified defendant told her he attempted suicide because of police beatings. On cross-examination, Dr. Zoot stated that in her report she noted no visible signs of either a suicide attempt or beatings. Further, Dr. Zoot stated defendant denied any past psychiatric problems. On redirect examination, Dr. Zoot testified she was not a medical doctor and her observations were based on what she observed from across her desk.

The circuit court had before it defendant’s report to Investigator Benéfico of the OPS, made on April 5, 1984. In the report, defendant stated he had not been “struck or physically abused during the interrogations conducted during the day.” Defendant reported to Investigator Benéfico that the beatings had started in the early evening; defendant stated he had a headache and a stomachache after the beatings.

Finally, the defendant and the State stipulated to a report made by David Gryezewski, a medical technician at the Health Services on March 6, 1984. The report stated that defendant complained of a headache and pain to the right posterior shoulder. At trial, Mr. Gryezewski testified he did not see any bruises, cuts, or swellings on defendant. Mr. Gryezewski noted on his report that defendant had a head injury; on reexamination, Mr. Gryezewski explained the head injury occurred in 1972.

Defendant makes two arguments in support of his claim that the circuit court erred in failing to suppress evidence. First, the circuit court erred when it concluded defendant was not illegally arrested at some time prior to his having been formally placed under arrest at 1:30 p.m. Second, the circuit court erred when it found defendant’s confession to have been voluntarily given. These arguments will be addressed in turn.

(i) Validity of Arrest

This court has stated before that “the elements of a valid arrest were present when the police informed defendant of a violation, he submitted to their control, and ‘[t]he evidence clearly shows *** that the officers intended to effect the arrest and that the defendant so understood them.’ ” (People v. Wipfler (1977), 68 Ill. 2d 158, 165, quoting People v. Clark (1956), 9 Ill. 2d 400, 404.) The Wipfler court went on to state: “The accepted test of understanding is not what the arrestee thought, but ‘what a reasonable [person], innocent of any crime, would have thought had he been in the defendant’s shoes.’ ” Wipfler, 68 Ill. 2d at 166, quoting Hicks v. United States (D.C. Cir. 1967), 382 F.2d 158,161.

In United States v. Mendenhall (1980), 446 U.S. 544, 64 L. Ed. 2d 497, 100 S. Ct. 1870, the Supreme Court stated:

“We adhere to the view that a person is ‘seized’ only when, by means of physical force or a show of authority, his freedom of movement is restrained. Only when such restraint is imposed is there any foundation whatever for invoking constitutional safeguards. The purpose of the Fourth Amendment is not to eliminate all contact between the police and the citizenry, but ‘to prevent arbitrary and oppressive interference by enforcement officials with the privacy and personal security of individuals.’ ” Mendenhall, 446 U.S. at 553-54, 64 L. Ed. 2d at 509, 100 S. Ct. at 1877, quoting United States v. Martinez-Fuerte (1976), 428 U.S. 543, 554, 49 L. Ed. 2d 1116,1126, 96 S. Ct. 3074, 3081.

Defendant argues that he was not free to go after he was taken from his home, transported to the police station, and placed in an interrogation room. Defendant asserts that a reasonable person under these circumstances would feel he was under arrest.

Defendant’s argument that he was illegally placed under arrest while at Area 3 sometime prior to being formally placed under arrest at 1:30 p.m relies primarily on Dunaway v. New York (1979), 442 U.S. 200, 60 L. Ed. 2d 824, 99 S. Ct. 2248. In Dunaway, the defendant had been implicated in a crime by an informant. Although there was insufficient information to obtain an arrest warrant for the defendant, three detectives were told to “pick up” the defendant and “bring him in.” (Dunaway, 442 U.S. at 203, 60 L. Ed. 2d at 829, 99 S. Ct. at 2251.) The three detectives found the defendant at a neighbor’s house, and the defendant “was taken into custody; although he was not told he was under arrest, he would have been physically restrained if he had attempted to leave. [Citations.] He was driven to police headquarters in a police car and placed in an interrogation room, where he was questioned by officers after being given” his Miranda rights. (Dunaway, 442 U.S. at 203, 60 L. Ed. 2d at 830, 99 S. Ct. at 2252.) The defendant waived counsel and made incriminating statements which were used against him at trial.

The Supreme Court held that the police conduct in Dunaway violated the fourth and fourteenth amendments when “without probable cause, they seized [the defendant] and transported him to the police station for interrogation.” (Dunaway, 442 U.S. at 216, 60 L. Ed. 2d at 838, 99 S. Ct. at 2258.) In Dunaway, the Supreme Court concluded that “detention for custodial interrogation — regardless of its label — intrudes so severely on interests protected by the Fourth Amendment as necessarily to trigger the traditional safeguards against illegal arrest.” Dunaway, 442 U.S. at 216, 60 L. Ed. 2d at 838, 99 S. Ct. at 2258.

Defendant cites People v. Holveck (1988), 171 Ill. App. 3d 38, People v. McMahon (1980), 83 Ill. App. 3d 137, People v. Dowdell (1980), 81 Ill. App. 3d 266, and People v. Townes (1982), 91 Ill. 2d 32, as cases where Dunaway was applied to find an illegal arrest.

The appellate court in Holveck found the defendant to have been illegally arrested when two police cars stopped the defendant as he was driving in a lawful manner and asked the defendant to go to the police station for questioning. Both squad cars accompanied the defendant to the station. The defendant was taken to a small room, his driver’s license was taken from him, he was given his Miranda rights, and questioning began. Within a half hour, the defendant made incriminating statements. The appellate court concluded that, under the circumstances confronting the defendant, a reasonable person would not have believed he was free to leave.

The defendant in McMahan was found sitting on a bench outside an office which had been burglarized approximately a week before. Two police officers, who had seen a shoeprint in a spilled lemonade mixture on the floor of the office, asked to see the bottoms of the defendant’s shoes. Because the pattern of the defendant’s shoes was similar to the pattern of the shoeprint in the burglarized office, the police officers asked the defendant to go to the police station with them. The defendant was given the Miranda warnings, signed a waiver form, and was questioned about the burglary. A police officer directed the defendant to take off one of his shoes, which the defendant did. The defendant made incriminating statements 10 to 15 minutes after he signed the waiver form. Forty-five minutes later, the defendant made an oral confession, followed by a written confession.

The McMahon court, relying on Dunaway, concluded the defendant was arrested without probable cause. The only facts connecting the defendant with burglary at the time he was taken into custody were the alleged similarity of the pattern on the bottom of the defendant’s shoe to the pattern the officers had seen in the spilled mixture on the floor of the burglarized office, and the proximity of the defendant to the office. As such, defendant’s arrest was illegal.

The police in Dowdell went to the defendant’s girlfriend’s house and asked defendant to go to the police station for questioning. The police refused to tell the defendant what he was to be questioned about. The defendant, went with the officers, was placed in an interrogation room, and after having been given the Miranda warnings, was questioned about a burglary. Only after the defendant made incriminating statements about another burglary was the defendant arrested.

The Dowdell court concluded that the case involved “a deliberate special trip to an apartment where the defendant was thought to be by three police officers suspicious of the defendant but without probable cause for his arrest.” (Dowdell, 81 IllApp. 3d at 270.) The facts were so similar to Dunaway the Dowdell court concluded the motion to suppress should have been granted.

In Townes, the police went to the defendant’s home and told defendant they wanted to speak to him at the police station about a certain crime. Defendant went to the station, where he was taken into an interview room, read the Miranda warnings and was interviewed four times between 9:30 a.m. and 2 p.m. Defendant was then taken to a medical center for hair samples and fingernail scrapings. He was then taken back to the police station and placed in a lineup at 4 p.m. The victim of the crime was unable to identify the defendant as her assailant. The defendant was again interviewed from 6 p.m. until 10:10 p.m., at which time the defendant was formally charged. The defendant’s statements in this final interview were introduced at defendant’s trial.

This court found the defendant’s fourth amendment rights violated when the defendant was subjected to a lengthy interrogation at a police station when there was not probable cause for arrest. The court concluded that the circumstances surrounding defendant’s interrogations were such that a reasonable person would not have believed he was free to leave. This court found that “[t]he circumstances indicate[d] that the officers interrogated the defendant in the hope of obtaining sufficient information upon which to predicate the probable cause necessary for an arrest.” Townes, 91 Ill. 2d at 37-38.

The evidence presented by defendant at the hearing on the motion to suppress conflicted with the evidence presented by the State. According to defendant, he was awakened on the orders of the police, frisked, and hurried out of his home after having been denied an opportunity even to brush his teeth. On the way to Area 3, defendant was asked by the officers about his prior criminal record. Upon his arrival at Area 3, defendant was put into a small room where he was continuously and repeatedly verbally harassed and physically abused. Defendant was never fed while at Area 3. Defendant was never given Miranda rights by any police officer or any assistant State’s Attorney. Defendant was not informed why he was under arrest. Defendant was told by Detective Higgins he did not deserve a lawyer.

This contrasts with the evidence presented by the State. Detective Szamolewicz asked defendant if he would go to Area 3 to answer questions about the death of two little girls. Defendant agreed to go, and defendant did not ask for any time to change clothes or brush his teeth. Defendant’s mother asked if she could go with the detectives and defendant and was allowed to do so. Detective Szamolewicz did not know of defendant’s prior arrest record.

The testimony of the State’s witnesses supports the State’s assertion that defendant voluntarily came to Area 3 and voluntarily stayed at Area 3. Defendant was. interviewed only once, at 10:30 a.m., before being arrested at 1:30 p.m.; defendant was fed at approximately noon by Detective Foley. Detective Foley gave defendant the Miranda warnings before arresting defendant at 1:30 p.m. Defendant was told he was under arrest for the murder of the two Bea children. Neither Detective Foley nor Detective Cegielski knew of defendant’s criminal background before interviewing defendant at 10:30 a.m. Detective Foley, Detective Cegielski and Detective Higgins all specifically denied striking or threatening to strike defendant. Detective Cegielski did not see any sign of defendant’s having been beaten. Detective Higgins, who denied having any conversation with defendant, did not tell defendant that defendant did not deserve a lawyer.

It is the function of the circuit court in a hearing on a motion to suppress evidence to determine the credibility of the witnesses and to resolve any conflict in their testimonies. In reviewing a circuit court’s determination on a motion to suppress, the reviewing court may also consider evidence adduced at trial. (People v. Caballero (1984), 102 Ill. 2d 23, 36.) A reviewing court will not disturb a circuit court’s determination on a motion to suppress evidence unless it is manifestly erroneous. People v. Neal (1985), 109 Ill. 2d 216, 218; People v. Clay (1973), 55 Ill. 2d 501, 505.

The circuit court credited the evidence presented by the State which showed defendant voluntarily agreed to come to Area 3, accompanied by his mother, to answer questions about the death of the Bea children. Upon his arrival, defendant was placed in an interview room. Defendant was interviewed only once, at 10:30 a.m., for approximately half an hour before being placed under arrest at 1:30 p.m. Defendant was aware of why he was at Area 3. Defendant knew he had been in his sister’s apartment directly below where the killings of the children took place during the late night or early morning hours of March 3-4. Defendant had been aware that the police had been at Ruby Bea’s apartment after the killings had become known. Defendant indicated he knew Leslie Bea was at Area 3. Defendant knew other people were also at Area 3. Defendant knew that he, Leslie Bea, Gloria Stewart and Ruby Bea had all been present at Ms. Stewart’s apartment the night before.

Unlike each defendant in Dunaway, Holveck, McMahon, Dowdell and Townes, defendant was not a suspect when police requested him to go to Area 3 to answer questions. Defendant was, like others at Area 3, a potential witness. In none of the above referred-to cases was the defendant considered only one of several potential witnesses being questioned about the same events. In all of the above referred-to cases, the defendants were arrested after making incriminating statements. Here, defendant was arrested only after other witnesses made statements incriminating defendant.

For the above reasons, the circumstances encountered by defendant with the police differed significantly from the circumstances encountered by the defendants in Dunaway, Holveck, McMahon, Dowdell and Townes. The circuit court’s determination that a reasonable person would not have believed he was not free to go, in light of the foregoing, was not against the manifest weight of the evidence. Accordingly, the circuit court’s denial of defendant’s motion to suppress based on the argument defendant was illegally arrested before being formally placed under arrest at 1:30 p.m. is affirmed.

(ii) Voluntariness of Confession

Defendant also argues that the State violated his fifth and fourteenth amendment rights when it used coercive and improper tactics to procure his statements. Specifically, defendant argues his statement was involuntary.

Defendant’s written confession contained the following information.

Ruby Bea, Leslie Bea and defendant left defendant’s mother’s house at 6950 South Peoria to go to Ruby Bea’s apartment at 6712 South Halsted. Leslie went back to 6950 South Peoria to get something he forgot. Ruby and defendant continued walking toward her apartment. Defendant then left her and her three children and met Leslie. Defendant gave Leslie some toys he had purchased for his nephew and then went back home. Defendant then left and went to Ruby’s house. Defendant knocked on Leslie’s door; no one answered. Ruby asked defendant to come to her apartment. Defendant stayed there approximately 20 minutes, then Ruby and defendant went to buy beer. Ruby and defendant returned to Ruby’s apartment and drank some beer. Defendant decided to leave.

Ruby’s brother-in-law, Richard Bea, knocked downstairs and Ruby went to talk with him. Richard Bea left after a few minutes, and Ruby and defendant talked for about 40 minutes. Leslie and Gloria came back and Ruby and defendant went to their apartment. Defendant left to purchase another beer, returned, had a few sips and left.

Defendant then went to the lounge where his brother, Joe Stewart, worked. Defendant sat around his house for 20 to 25 minutes, then went back to Ruby Bea’s house. Defendant initially wanted to talk with Ruby. Defendant went inside Ruby’s apartment; the front door was unlocked. Defendant used the bathroom, went to the living room, went to the bedroom where the children were sleeping, went back to the living room, and took a pill someone had given him on the streets.

Five to 10 minutes later, defendant took one of the children to the kitchen, where he “proceeded to take liberties with her.” Defendant then tied her up (“hands, etc.”). Defendant went back to the bedroom, took the “eldest” of the two and went back to the kitchen. Defendant “then challenged her by taking an unfair advantage over her.” Defendant wrote he was “driven into a state of awe/shock when she jumped over t