People v. House (141 Ill. 2d 323, 1990)

JUSTICE CALVO

delivered the opinion of the court:

Following a bench trial in the circuit court of Cook County, the defendant, Derrick House, was found guilty of four murders, aggravated arson, residential burglary, home invasion, attempted armed robbery and four counts of armed violence. No sentences were imposed on the residential burglary or armed violence counts. On April 28, 1986, the court found defendant eligible for the death penalty, and ultimately sentenced him to death on May 7, 1986. The death sentence has been stayed (107 Ill. 2d R. 609(a)) pending direct appeal to this court (Ill. Const. 1970, art. VI, §4(b); 107 Ill. 2d R. 603). We reverse and remand the cause to the circuit court for a new trial. The facts relevant to our disposition of this case are set forth below.

On January 12, 1985, the bodies of Raynard Rule, Lauren Rule and Yvonne Brooks were discovered by police officers and firemen in a second-floor apartment at 458 North Hamlin in Chicago, Illinois. Raynard Rule had died from hemorrhaging caused by multiple stab wounds to the chest. Lauren Rule and Yvonne Brooks had died as a result of hemorrhaging caused by gunshot wounds to the neck and head. All three victims had been bound and gagged. Burns were evident over substantial portions of the bodies and they bore the odor of kerosene. A fourth victim, Kim Brooks, escaped from the apartment. Although she had been burned over 37% of her body surface, Brooks survived approximately one month, eventually succumbing to sepsis caused by hér severe burns. During that interval, she twice provided police with accounts of the crimes and once gave them a description of the perpetrators. She was never able to name or identify the individuals involved.

Defendant was arrested on February 5, 1985, after 16-year-old Charles Green gave a statement implicating him in the commission of the crimes. After spending a day and two nights in an interview room at the Harrison and Kedzie police station, defendant allegedly orally confessed to the crimes and was subsequently charged. On November 13, 1985, defendant filed a petition for severance of his case from that of Green, who was also charged. Defendant’s request was granted on November 26, 1985. Thereafter, on January 6, 1986, defendant filed motions to quash his arrest and suppress statements he had allegedly made. In his motions, defendant claimed that the police lacked probable cause to arrest him and that his alleged inculpatory statements were, in any event, involuntary. The court bifurcated hearing on defendant’s motions, proceeding first on the issue of probable cause. This portion of defendant’s motion was heard on January 7 and 8,1986.

The first witness to testify was James Davis. According to Davis, he was recuperating at home from a gunshot wound to his leg when he was “picked up” by Detective Foley on February 3, 1985, taken against his will to the Harrison and Kedzie police station, and placed in a small room where six or seven police officers were present, none of whom he knew. Davis, who at the time had criminal charges pending against him, was detained for three hours, during which time he gave the police no information regarding defendant, but they imparted certain information to him which linked defendant to the January 12 fire at 458 North Hamlin. Davis said he did not tell the officers that, on January 11, 1985, defendant and Raynard Rule got into a fight in front of a game room at 750 North Lawndale. According to Davis, he was not even at the game room at 7 p.m. on January 11, 1985. He did not tell police Rule owed defendant money, nor did he tell them defendant displayed a gun that evening. He denied telling police that defendant and “Little Charles” were involved in the murders. Davis said the police wanted him to sign a statement implicating defendant and made promises to him in order to secure his cooperation, but he refused. Davis acknowledged that he had known defendant for about two years and that he was, at the time of his testimony, serving time in the Department of Corrections for attempted armed robbery, attempted burglary, residential burglary and unlawful use of weapons.

Defendant testified that he and Jonathan Douglas were at a game room at 750 North Lawndale on February 5, 1985, around 5:30 or 6 p.m. when eight or nine police officers came in, asked him and Douglas their names, then grabbed defendant’s arm and handcuffed him. The police conducted a brief and unproductive search of the premises before they transported defendant and Douglas to the Harrison and Kedzie police station. Defendant said he was shown no warrant and was not told he was under arrest. He had not been violating the law at the time of his arrest. The police said they wanted to ask him some questions and, upon their arrival at the station, put defendant in a small room.

Detective John Summerville testified that he was involved in the investigation of a quadruple homicide which had occurred on January 12, 1985, at 458 North Hamlin in Chicago. The victims were Raynard Rule, Lauren Rule, Yvonne Brooks and Kim Brooks. On February 5, 1985, at 2 p.m., Summerville spoke with Charles Green. Detective Mike Miller was also present. According to Summerville, Green said he was asked by defendant and Teddy Bobo to go to Raynard Rule’s second-floor apartment at 458 North Hamlin and get Rule to open the burglar gates on the front door of the apartment. Green agreed. While Green went up to the apartment door, defendant and Bobo hid in the hallway. When Rule opened the gates, defendant and Bobo pushed Rule back into the apartment. Defendant and Bobo began tying up Raynard Rule and the three women who were present. Defendant took Raynard into the kitchen, stabbed him, then took him into another room and set him on fire. When Green smelled smoke, he left by the front stairway of the building and, while descending the stairs, he heard several shots coming from the apartment. Green went directly to the game room on Lawn-dale where, a short time later, defendant arrived, saying he had just “burnt” Raynard Rule at “Big Daddy’s” dope house on Hamlin.

At the time Green gave his statement, defendant was not in custody. Green identified a photograph of defendant. Summerville was personally aware of certain facts corroborating Green’s statement and verified others with officers assisting in the investigation. Summerville said he knew at the time that there had been a fire, Raynard Rule’s body had been burned, the female victims had been tied up, and handguns had been used. Detective Summerville knew that “Big Daddy” and Jeffrey Hag-gins — otherwise known as Bodine — were partners in the operation of the dope house. Summerville claimed Green was not under arrest when he gave his statement, notwithstanding an arrest report which indicated Green had been placed under arrest at 1 p.m.

Detective Mike Miller téstified that he first became involved in the investigation on January 13, 1985, the day after the crimes were committed. Progress reports were made available to Summerville when Summerville returned from furlough. Miller was aware that Kim Brooks had given a description of the offenders to Detective Blomstrand. Brooks had said the two black men were approximately 30 to 35 years of age. One had a heavy build, medium complexion, and was known by the name of “Bo” or “Bodine.” The other man was approximately 5 feet 7 inches tall, 145 pounds, dark-complected, with a mustache and “Jeri” curls. He wore a dark shirt, blue jeans, and beige shoes. Brooks said she thought there might have been a black female involved. Miller said he arrested Green on February 6,1985.

To the extent defendant’s motion was predicated upon a contention of lack of probable cause to support his arrest, the court denied his motion. On January 14, 1986, a hearing was commenced wherein the court heard evidence concerning the circumstances of defendant’s initial detention during which he allegedly made inculpatory oral statements. By agreement, defendant proceeded first.

Defendant testified that, after his arrest at the game room on Lawndale, he was taken to the police station at Harrison and Kedzie. Upon his arrival, he was taken to a small room containing only a table and two chairs. There were no windows in the room, nor was there a clock. Defendant estimated he was in the room a few days. Defendant was still handcuffed when Officer Greg came in and advised him that other officers would be coming in to talk with him.

Thereafter, Detective Summerville entered and asked defendant if he knew Virgil Bridges, Steve Reed or Raynard Rule. Defendant replied affirmatively in each in-, stance. Summerville then asked defendant if he knew about a fire on Hamlin on January 12. Defendant said he had heard about it. According to defendant, Detective Miller entered and asked defendant if he was at 458 North Hamlin on January 12. When defendant said he was not, Miller handcuffed defendant to the wall, asked again, then walked out. Summerville told defendant he had better talk. Defendant claimed Miller reentered the room with a plastic bag, boxing gloves, clippers and a flashlight. When Miller resumed his questioning of defendant, Summerville walked out of the room. When defendant again denied being in the apartment house, Miller accused him of lying. Defendant said Miller then picked up the flashlight and hit him twice. Defendant testified that — amidst continued questioning by Miller and repeated denials of involvement by defendant— Miller literally put on the gloves and slapped him a few times in the face, opening a small cut inside his mouth, placed a plastic bag over his head, opened and closed the clippers near his pants, and poked him again with the flashlight.

When Miller had finished with defendant and had left the room, Summerville returned and advised defendant that unspecified others were saying defendant had been in the apartment house. Defendant continued to deny any involvement. Detective Clemmons questioned defendant to some extent. Defendant said the police did not read him his Miranda rights, but an assistant State’s Attorney did when he questioned defendant the first evening defendant was in custody. The assistant State’s Attorney also offered defendant pop and cigarettes, which defendant declined. Defendant claimed he spent the first night in the small room and, to the extent he slept, he did so while sitting on the floor with his arms and handcuffs hanging from the wall.

According to defendant, Summerville came in the next day and told him he should say he was in the house and he “could get a manslaughter charge.” Summerville advised defendant that Green and Detective Miller had gone before the grand jury. A photograph was taken of defendant, and defendant was shown a photograph of Green. Defendant acknowledged that he knew Green.

Later in the day, Green was brought into the interview room and Miller told defendant to listen to what Green had to say. Green reiterated his testimony before the grand jury. Defendant accused Green of lying. Defendant was told “the girl” had identified a photograph of him at the hospital. After Green was taken out of the room, Miller asked defendant, “So you still going to stick to that?” Defendant replied affirmatively. Defendant claimed Miller responded by slapping him.

That evening, Summerville showed defendant a police report making reference to a knife and razor. Summer-ville told defendant if Rule had come at defendant with a razor, and if defendant had stabbed him in response, defendant could “get manslaughter.” Summerville allegedly advised defendant that he “could throw everything off on Bobo and put Green in the house too.” Defendant declined. Summerville told defendant to think about it and left the room.

During his second night of custody, an officer checked on him and allowed him to use the washroom. According to defendant, this was the first time he had been allowed to use the washroom since his arrest. He spent the second night of custody as he had the first — on the floor, handcuffed to the wall.

The next morning an officer unknown to defendant came into the room, shocked defendant three times with a small black box, then walked out. Defendant never saw him again. Later that morning, Summerville returned and asked defendant if he had “thought it over” and if he was going to talk to the State’s Attorney. Defendant said Summerville had prepared a statement for him which they went over several times. Clemmons came in and said, “That sounds good. You should tell the State’s Attorney that.” Although defendant refused to sign the statement, he did read it aloud, after which the detectives left. They returned with a ham sandwich, chips and pop, which defendant claimed was the first food he had been given since his arrest. Summerville again requested defendant’s cooperation.

Later in the day, defendant talked with an assistant State’s Attorney and signed a statement denying that he had ever been to the apartment in question. While defendant spoke with the assistant State’s Attorney, Summerville sat at the other end of the table, shaking his head. When the assistant State’s Attorney left, Summerville said, “You just signed your life away.” Defendant spent the night in the lockup.

While in custody, he was never allowed to use the telephone. He was never told his mother was trying to contact him. He was not allowed to see her until his third night of custody.

Under cross-examination, defendant clarified his earlier testimony saying Miller had “bag” gloves, not “boxing” gloves. Defendant admitted he had sustained no bruises, marks or abrasions as a result of alleged police misconduct; however, he did tell a paramedic who examined him upon his arrival at Cook County jail that he had been beaten by the police. He could not recall telling an assistant State’s Attorney that he had been treated well by the police, and specifically denied telling an assistant State’s Attorney on February 7 that he had been “treated fine.” Defendant acknowledged he had never complained to an assistant State’s Attorney of mistreatment by Clemmons or Summerville on February 5, 6, or 7. Although defendant had claimed he could not sleep in the position in which he was handcuffed, he conceded he was asleep on February 6 when an officer came in and woke him up. He maintained he was not given food until February 7, and was not allowed to use the bathroom until late on February 6.

Detective Summerville did not advise him of his rights on February 5, but did on February 6. The assistant State’s Attorneys did advise defendant of his rights and he indicated he understood. He knew most of his rights before February 5, but did not know he could request an attorney before questioning.

Detective John Summerville testified that he advised defendant of his rights when he arrested defendant on February 5, 1985. Clemmons was present at the time. When he spoke with defendant at the Harrison and Kedzie station at approximately 8 p.m., he again advised defendant of his rights. Defendant indicated he understood and would answer questions. Detective Miller was present. Summerville said he did not observe Miller mistreat or threaten defendant in any way. Summerville brought defendant a sandwich, chips and pop at 10 p.m. on February 5, 1985, at which time he was allowed to go to the bathroom.

He next saw defendant at 8 a.m. on February 6 in the same interview room. Defendant was not handcuffed and was sleeping on the table. When defendant awoke, Summerville escorted him to the washroom, allowed him to make a phone call, wherein defendant referred to the other party as “Ma” or “Mom,” then provided defendant with sandwiches and coffee. He advised defendant of his rights and spoke with him briefly.

Summerville next saw defendant sometime between 6:30 and 7 p.m. In the intervening time, Summerville and others had been taking statements from Charles Green and had brought him before the grand jury to testify. They were also looking for Teddy Bobo, another suspect. At 7 p.m., they brought Green into the interview room and instructed defendant to “sit there and listen.” A conversation between Summerville and Green ensued, whereafter Green was taken from the room.

After defendant had been left alone a short time,. Summerville returned with some food. After defendant finished eating, Summerville spoke to defendant, first advising him of his rights. The conversation began about 9 p.m. and lasted between 20 and 30 minutes. When Summerville emerged from his conversation with defendant, he informed two detectives and a sergeant that defendant had admitted stabbing Raynard Rule in self-defense. Defendant said he and Raynard argued in the kitchen of the apartment. Raynard went for a razor; defendant grabbed a knife and stabbed him.

Summerville met with defendant again - at 8 a.m. on February 7, 1985, in the same interview room: Defendant was sleeping on the table when Summerville entered. Defendant was allowed to go to the washroom and was given food. He then spoke with Summerville for approxi-' mately one hour after Summerville had first advised him of his rights. He gave a statement to Summerville during the one-hour conversation and thereafter repeated everything to Clemmons. The detectives did not present defendant a statement for him to sign. Assistant State’s Attorney Brennan was called in and spoke to defendant. Defendant gave a different story to Brennan.

Although defendant was locked in the interview room overnight, he was not handcuffed. Summerville said he never saw defendant handcuffed to the ring on the wall and, for that matter, never saw defendant handcuffed from 8 p.m. on February 5 until defendant was taken to lockup late on February 7. Summerville took defendant to the washroom each morning and found defendant sleeping on the table when he entered the room.

Summerville denied that he had told defendant he could get manslaughter if defendant admitted to being in the apartment house. He denied telling defendant Brooks had identified him. He denied mistreating or threatening defendant. Summerville admitted he had lied to suspects he had questioned and had otherwise deceived them; however, he claimed he had not lied to defendant. Defendant was kept in the interview room approximately 49 hours. At least 64 hours elapsed before defendant was taken before a judge.

Detective Mike Miller denied that he had mistreated or threatened defendant. Miller was not aware of any time during the two days defendant spent in the room in which defendant was handcuffed to the ring on the wall. Miller said he was present on February 5 at 8 p.m. when Summerville advised defendant of his rights and defendant indicated he understood. Miller was present at 9:20 p.m. the same day when Assistant State’s Attorney George Ellison spoke with defendant, and on February 6 at 7 p.m. when Charles Green and Summerville conversed in defendant’s presence. Miller was not aware of any officers mistreating defendant.

Detective James Clemmons testified that he was present during a conversation between Summerville and defendant on February 7, 1985, at approximately 10:30 a.m. However, Clemmons never spoke to defendant on February 5, 6 or 7.

Assistant State’s Attorney George Ellison testified that he interviewed defendant at 9:20 p.m. on February 5, 1985. Detective Miller was present. Ellison first advised defendant that he worked for the State’s Attorney’s office and then advised defendant of his Miranda rights, which defendant indicated he understood. Defendant said he understood and wanted to talk. Defendant gave a statement denying any participation in the crimes. Ellison told defendant what Green had been saying about him. When Miller left the room, Ellison asked defendant if he had been treated well by the police. Defendant said he had. Ellison saw no bruises, marks, or abrasions on defendant.

Assistant State’s Attorney Thomas Brennan testified that he spoke with defendant at 2 p.m. on February 7, 1985. Detective Summerville was present. Brennan explained that he worked with the State’s Attorney’s office and he advised defendant of his rights. Defendant agreed to make a statement. Defendant’s statement was not consistent with what Summerville had earlier told Brennan defendant had said. Brennan spoke with defendant alone after the detective had left and asked defendant whether he had been threatened, hit, or promised anything. Defendant said he had not. Brennan observed no bruises, marks or abrasions on defendant. Defendant said he had had something to eat. Brennan saw defendant walk to the washroom. He never saw defendant handcuffed.

Following Brennan’s testimony, it was stipulated that Mark Essen, a paramedic employed by Cermak Health Service, would, if called as a witness, have testified that he examined defendant on February 8, 1985. His report states, under the heading “chief complaint,” “in good health.” Under the category, “head injury,” there is no notation.

The State rested.

Defendant called his mother, Rosalyn House, who testified that on February 5, 1985, sometime after 6 p.m., she was informed by a friend of defendant that defendant and Jonathan Douglas had been arrested. She called the police station and was told defendant was “just” being held for questioning. She did not receive a phone call from defendant. When she called the station again 30 to 40 minutes later, she was told defendant was still being held for questioning and would be home in about an hour. She went to the police station between 8 and 9 a.m. the next morning, approached the front desk and asked to speak with defendant. She was not allowed to see defendant and was told he would be home “in an hour or so.” She went home and called once or twice later that day. Then, still on February 6, she returned to the station. She said she was told defendant had been charged with murder and that she could get him some clothes and something to eat, and could talk to him when she returned. She came back on the evening of February 7 and spoke with Detective Summerville, who informed her that defendant had been charged with murder.

Michelle House, defendant’s sister, testified that she went to the Harrison and Kedzie police station with her mother the evening of February 7 and spoke with Detective Summerville, who said defendant had been charged with murder. Thereafter, she spoke with her brother. He complained that his legs and back were sore and that his mouth hurt. His eyes were a little swollen, but there were no bruises on his face. Initially, Ms. House testified defendant did not say he had been beaten by the police, but he did mention having been electrically shocked by a police officer. Later, Ms. House testified defendant did say a police officer had hit him. Initially, Ms. House testified she did not seek medical treatment for her brother or complain to the police; however, later in her testimony she claimed to have complained about police beatings even before she saw her brother, having been advised of police misconduct by some of defendant’s friends. Ms. House said Summerville refused to take a photograph of defendant to the hospital for Brooks to view. According to her, Summerville said, “I’ve tried to get him [defendant] to take a manslaughter.”

Following Ms. House’s testimony, defendant rested and the State introduced defendant’s certified statement of conviction for attempted arson to be considered as it pertained to defendant’s credibility and as to his knowledge of the criminal justice system.

Based upon the foregoing evidence, the court denied defendant’s motion to suppress testimony concerning the statements he allegedly made at 9 p.m. on February 6 and 10:30 a.m. on February 7. The court specifically found the statements were not the product of coercion, intimidation or threats; no physical force was used against defendant. The court found defendant had been advised of his rights and that he is intelligent and familiar with the criminal justice system. The court found that the lapse of time between defendant’s arrest and the statements, and the circumstances of his detention, did not taint the statements. After the court pronounced its ruling, trial commenced immediately thereafter.

Joe Dease, a Chicago police officer, testified that he was on patrol in his squad car at approximately 6 p.m. on January 12, 1985, when he received a radio message directing him to investigate a fire at 458 North Hamlin. He responded to that address, entered the building and walked upstairs to the second-floor apartment. Upon entering, he noticed a metal gate had been torn away from the door of the apartment. The gate was still locked. Inside, he observed two burned bodies — identified by other witnesses as Lauren Rule and Yvonne Brooks — lying face down on a mattress, their hands tied behind them with an electric cord. Both victims had been gagged. Dease proceeded to a rear bedroom where, in a closet, he observed the body of a black male — identified by another witness as Raynard Rule — similarly bound, gagged and burned. Dease observed two stab wounds to Rule’s chest. In the kitchen, Dease saw gas cans, an oil can, a razor, and a large knife upon which he observed blood.

While still in the apartment, Dease noticed the flashing lights of an ambulance outside. He went out the rear of the apartment, down a stairway and over to the ambulance. The time was approximately 6:15 p.m.

Inside the ambulance were two paramedics and a. “victim,” Kim Brooks. Brooks was lying on a stretcher while the paramedics cut away partially burned clothes from her body. As the paramedics removed the clothing, skin would peel off as well. Dease described Brooks’ burns as “very severe,” covering the entire exposed area of Brooks’ body: face, head, arms and legs. Brooks’ face had been burned so badly that “deep” tissues had been exposed.

Her burns were obviously very painful. She would “scream, talk a little, complain about being cold, talk a little, scream for help, complain about being cold.” Dease spoke with Brooks for three or four minutes, asking her questions while she responded. Her responses were pained, loud, sporadic, punctuated by moaning and screaming.

According to Dease, Brooks told him she had been visiting in the second-floor apartment, and had fallen asleep in the front room, when she was awakened by an argument concerning money. Two men had entered the apartment. She heard Raynard tell whomever he was arguing with to “tell Big Daddy I will have his money.” During the argument, she and two other girls — her sister and her sister’s friend — were kept in the front room by the second man and were not allowed to leave. Later, they were tied together with an electric cord and gagged. The two other women were shot. Although a shot was fired at her, it missed, and she “played dead.” One of the men then left the room and returned with a flammable liquid which he poured over the women and set ablaze. The perpetrators left in a hurry. Brooks said she lay still a few moments to make sure they had gone, then freed herself, ran out of the back door, down the stairs and extinguished herself in the snow. Brooks told Dease she did not know the offenders and did not give a description of them.

Alice McMullen testified that she lived in a first-floor apartment at 458 North Hamlin on January 12, 1985. At approximately 5:45 p.m. on that date, she heard noises like “pops,” followed by noise on the back stairway. The two to four “pops” she heard could have been gunshots. Shortly thereafter, she discovered flames coming out of the window of the second-floor apartment and called the fire department. She was aware that the second-floor apartment was a dope house. In the early morning hours after the fire, around 3 or 3:30 a.m., she heard someone coming up the front stairs past her apartment. When she investigated, she got a glimpse of an individual who had just left the building. She described the person as 5 feet 6 inches tall, 130 to 140 pounds, with curly “yellow” hair.

Detective John Summerville was called as a witness and testified that he spoke with defendant, alone, in an interview room at approximately 9:30 a.m. on February 7, 1985, at the West Harrison police station. Summer-ville said he first advised defendant of his rights. Defendant indicated he understood. Summerville said he started by asking defendant “about what he had told me earlier about what happened to him and Raynard in the kitchen.” The previous evening defendant had mentioned “something about Raynard being stabbed in the kitchen.” According to Summerville, defendant stated that he, Teddy Bobo and Charles Green went to the second-floor apartment. He and Bobo hid in the hallway until Green got Rule to open the burglar gates. Once the gates were open, defendant and Bobo entered the apartment, pushing Rule back inside. Once inside, defendant asked Rule for his package. Rule responded, “I don’t owe you any money.” Defendant said, “I won’t be here if you didn’t.” Defendant took Rule into the kitchen, where they continued arguing. Lauren Rule went into the kitchen and tried to stop the argument. Bobo entered the kitchen, grabbed her, and took her back into the living room where he kept her and the other two girls. At some point during the argument, Raynard got a straight razor; defendant grabbed a knife and stabbed Rule twice in the chest. Bobo came in and asked if Rule was dead. Defendant said, “I think so.” Bobo then said, “We got to kill the whores.” The girls panicked and tried to flee, but could not because the burglar gates were locked. Bobo bound the girls and gagged them. Bobo told defendant to kill them. Defendant fired at one. Bobo fired at the second, and defendant fired at, but missed, Kim Brooks. All three girls fell onto a mattress on the floor. Bobo went behind a door and returned with a can of kerosene which he poured on the girls. Bobo then set them on fire. Green unlocked the front door and went out; defendant and Bobo ran out the back door, returning to the game room at 750 North Lawndale.

When defendant finished speaking, at 10:30 a.m., Summerville asked defendant if he would reiterate his story to another officer. Summerville testified that defendant agreed to have Detective Clemmons present for a second conversation. The substance of this conversation was essentially the same as the first. Then Summerville asked defendant if he would tell the State’s Attorney “the exact same thing.” Defendant refused. Nonetheless, an assistant State’s Attorney was called in after defendant’s oral statement. When defendant later spoke with an assistant State’s Attorney, at 1:50 p.m. on February 7, he did not tell the assistant State’s Attorney what he had told Summerville. Defendant had previously denied involvement on February 5 when Summerville had first interviewed him.

When he talked to defendant on February 7, Summerville already knew that Raynard Rule had been stabbed, the girls had been shot, and all had been burned. Having already spoken to “Big Daddy” and Jeffrey Haggins — also known as “Bodine” — Summerville knew that Big Daddy and Bodine were, according to Big Daddy, partners in the “dope house” located in the second-floor apartment. Bodine was Big Daddy’s “muscle,” an enforcer who would, pick up money and drop off drugs. Raynard Rule was the “house man,” selling drugs from that location. Summerville knew that Bodine had been interviewed and that Bodine’s fingerprints had been found on gas cans at the scene.

Although Summerville knew that guns had been used in the commission of the offenses, he did not ask defendant any questions pertaining to the make or caliber of the guns, nor did he inquire as to their whereabouts. He did not ask defendant what he was wearing during the offenses, nor did he ask what became of defendant’s clothing. He did not ask defendant how much, if any, money was taken during the crimes or if any drugs were taken. He did not ask what was used to tie up the people in the apartment. He did not ask defendant for a description of the apartment. Summerville knew there was no evidence linking defendant to the crimes other than Charles Green's statement.

Detective James Clemmons testified that he was present at 10:30 a.m. on February 7, 1985, when defendant gave a statement outlining his involvement in the murders at 458 North Hamlin. His account of defendant’s statement was substantially the same as that to which Summerville testified. An assistant State’s Attorney came in to speak with defendant not long after defendant gave his oral statement. Defendant gave a written statement at that time in which he denied any involvement in the incident. The latter statement was the only written statement signed by defendant.

It was stipulated that Dr. Diane Skala-Barnett would, if called as a witness, have testified that she performed autopsies on the bodies of Raynard Rule, Lauren Rule, Yvonne Brooks and Kim Brooks. The post-mortems performed on the first three victims were conducted on January 13, 1985. All three were extensively burned, had been gagged and had their hands tied behind their backs with electric cord. The bodies smelled of kerosene. Raynard Rule had received two stab wounds to the chest, causing his death. Lauren Rule had died from a gunshot wound to the neck. Yvonne Brooks had died of two gunshot wounds to the head and neck. Kim Brooks’ autopsy was performed on February 17, 1985. She had sustained burns over 37% of her body surface. Brooks experienced multiple organ failure prior to death. She died of sepsis caused by her burns.

Allen Osoba, an employee of the Chicago police department crime laboratory, would have testified, if called as a witness, that he sampled vials of liquid taken from empty cans found at the scene of the crimes and that the residue therein was kerosene. Pamela Fish, also an employee of the crime lab, would have testified that no blood was found on the black-handled razor which was submitted for analysis; however, a kitchen knife with an eight-inch blade revealed the presence of type 0 blood, the same blood type as blood submitted to her and identified as that of Raynard Rule.

Testimony regarding Kim Brooks’ statement to Officer Dease was admitted under the spontaneous declarations exception to the hearsay rule. Various exhibits were admitted. The State rested. Defendant’s motion for directed verdict was granted in part and denied in part. Defendant’s motion was granted as it pertained to seven counts of armed violence; three counts of attempted armed robbery corresponding to each of the female victims; and felony-murder counts predicated upon attempted armed robbery as to those victims.

Defendant opened his case in chief by calling Detective Thomas Blomstrand as a witness. Blomstrand testified that, on January 12, 1985, at approximately 5:45 p.m., he was notified of a fire at 458 North Hamlin and responded to that location. Upon his arrival, he met with Officer Dease and was informed that a victim of the fire, Kim Brooks, was in an ambulance at the scene. Subsequently, at approximately 8:30 p.m., Blomstrand interviewed Brooks at Cook County Hospital. Brooks was in the bum unit in critical condition. She was bandaged and appeared to be in pain. She was, however, alert and responsive. Although he was not present when Brooks arrived at the hospital, Blomstrand interviewed her at the first opportunity. He was aware of no interviews prior to his.

The court sustained the State’s hearsay objection and rejected defense counsel’s argument that testimony as to Brooks’ statements should be allowed as testimony relating spontaneous declarations. Defense counsel maintained he had laid an adequate foundation for admission of Brooks’ statement to Blomstrand. The following colloquy ensued:

“THE COURT: Because a person makes a statement in pain does not mean it is a spontaneous declaration, and then you have got the testimony out of this witness that the victim, Kim Brooks, was alert and responsive, no difficulty in speaking. You have to meet the standards of that.

DEFENSE COUNSEL: The standard is that she was under the influence of the traumatic condition.

THE COURT: No, that is not my understanding, Counsel.”

The court held the foundation laid by defense counsel insufficient to support admission of Brooks’ statement as a spontaneous declaration in that Brooks’ condition had not been sufficiently established. The court allowed Blomstrand’s testimony as to Brooks’ statement only to show what Blomstrand did in the course of his investigation. Following the court’s ruling, Blomstrand was excused to be recalled on January 28,1986.

Dr. Richard Kagan, a surgeon at Cook County Hospital, testified that he first saw Kim Brooks in the burn unit of the hospital on January 13, 1985. He was her attending physician. Dr. Vani Vijakumar was the first doctor to see and treat Brooks upon admission to the hospital. At the time of trial, Dr. Vijakumar was practicing in Ohio. When Kagan first saw Brooks, he discussed with her what had transpired from the time of her admission. He reviewed hospital records or reports concerning her treatment. He consulted with Dr. Vijakumar.

He learned that Brooks had arrived at the hospital at approximately 6 p.m. on January 12. He knew she had been bound and gagged and had escaped from a smoke-filled room. She had been burned over 40% of her body. Upon her arrival at the hospital, she was given oxygen and intravenous fluids. Her bladder and stomach were catheterized. Dressings were applied to her burns and she was given some medications, one of which would have been a pain-killer. The fire department report stated she had been given two milligrams of morphine on the way to the hospital. That amount of morphine would have had a minimal effect on her, if any. Kagan believed it was “highly likely” that a person who had spent some time bound and gagged in a smoke-filled room would have had some degree of hypoxia, characterized by loss of orientation, progressing to agitation and eventually coma. This condition would have been remedied in a few minutes through oxygen therapy. He could not say whether Brooks was suffering from hypoxia upon admission. Kagan did not treat Brooks on January 12; he was aware of her condition only through medical records and conversations with Dr. Vijakumar. Dr. Vijakumar said Brooks was responsive to questions.upon her arrival at the hospital.

. At the conclusion of Dr. Kagan’s testimony, the State moved to strike it in its entirety as “rank hearsay.” Arguing that the doctor’s use of charts and reports had nothing to do with an “ultimate diagnosis,” but was-rather an attempt to bring in Brooks’ hearsay statements as substantive evidence, the State contended defense counsel was “improperly using hearsay exception of reports of other doctors upon which a doctor can rely [sic] his own opinion on.” The State maintained that only Dr. Vijakumar could testify as to Brooks’ condition prior to the statements for purposes of gaining admission under the spontaneous declarations exception to the hearsay rule.

Defense counsel confirmed that he was indeed attempting to use Kagan’s testimony, in conjunction with medical reports, in the manner indicated by the State. The court took the matter “under submission.”

The following day, defense counsel apprised the court that he had been under the “impression” that the State would stipulate to medical reports and that the parties “would be dispensing with a lot of the bringing in of the experts and so forth and stipulating to their testimony.” Defense counsel then embarked upon a “tale of woe” during the meandering course of which it became painfully clear defense counsel had not sought to interview hospital personnel who would have had personal knowledge of Brooks’ physical and mental condition during the relevant time period immediately after Brooks sustained her injuries. Counsel stated his belief that he would not “have to bring in anybody from the hospital.” He further stated his belief that he would have to locate Dr. Vijakumar in Ohio and fly her to Chicago if the court refused to allow foundational evidence by way of information taken from medical reports and elicited through Dr. Kagan. Counsel further requested that the court provide funds to fly the witness back from Ohio.

The State denied having ever agreed to stipulate to any medical reports involving Kim Brooks, and argued that defendant, represented by retained counsel, had not been shown to be indigent and was, therefore, not entitled to money to transport the witness back from Ohio.

Prior to addressing the issues argued by the parties, the court asked defense counsel whether he could fit the facts of his case within the framework for spontaneous declarations established by case law. The court expressed particular concern over the extended time lapse between the startling event and the statement of Kim Brooks, and the fact that the statement to be admitted was made at a location other than the scene of the crimes. The court made no ruling upon the matters raised by the parties pending submission of the case law requested.

Blomstrand resumed the stand on January 18. He testified Brooks was not crying when he first met her. Although she did cry later on, and at one point said, “I really hurt,” she was coherent and able to speak audibly. She spoke carefully. She did not say she was about to die, nor did medical personnel tell her that in his presence.

Blomstrand went on to recount Brooks’ version of events in the apartment on January 12. She said she was asleep in the apartment, which served as a dope house, when the larger of the two offenders woke her up and led her into the kitchen with the other girls and Raynard. One of the offenders said they were there to collect money Big Daddy owed them. They demanded money and guns. They tied up the girls and Raynard with “light cord” and began a search of the apartment. Upon finding a gun, one intruder said they had warned Raynard not to hold back on them and the intruder held a cocked gun to Raynard’s head. They first led the girls into the living room, then one of the men took Raynard into the rear of the apartment, following which Brooks heard a series of screams from Raynard. The man returned from the back room, picked up a can of kerosene, and took it to the back of the apartment. Brooks soon after smelled smoke. She told the other girls not to worry because she was tied loosely and they would be able to get out safely after the men left. Thereafter, the men were again together in the living room, standing behind the girls, who were facing the front windows. One of the men shot Yvonne in the head, and she fell; the other man shot Lauren in the head, and she fell. Then one of the men fired a bullet which Brooks heard go by her ear. She fell over and “played dead.” The offenders poured kerosene on the girls, set them on fire and ran out the back door.

She said she had gotten a good look at both men. In her statement, she described her assailants: both were 30 to 35 years of age; the taller offender was 5 feet 8 or 9 inches tall, fat, and was called “Bo” or “Boo” by the other individual; the shorter man was approximately 5 feet 7 inches tall, thin, 140 pounds, dark-complected, and wore his hair in long “Jeri” curls. Blomstrand admitted he had written “Bodine” rather than “Bo” or “Boo” in his report; however, he insisted at trial Brooks had not used Bodine’s name. Bodine had worked at Big Daddy’s dope house; his name was in Raynard Rule’s phone book; and his fingerprints were found in the apartment.

Blomstrand further testified that on January 16, 1985, he was told that someone had been solicited to “fire up” the dope house, but he could not recall who had given him that information. Three days later, on January 19, a “stop order” was issued for Bodine. The stop order was cancelled on January 24 after Bodine had been interviewed. Blomstrand did not show a photograph of Bodine to Kim Brooks. Although several photographs were shown to Brooks during the course of the investigation, Bodine’s was never included. Another stop order was issued for Bodine on February 1, 1985, after a man named Donald Grigsby had been interviewed. Bodine was never arrested and was dead by the time of trial. Teddy Bobo was arrested; however, his case was nol-prossed on the State’s motion prior to trial.

Following Blomstrand’s testimony, defense counsel requested that Blomstrand’s testimony — previously admitted only to show what the officer did in the course of his investigation — be admitted as substantive evidence to prove the truth of matters asserted therein. The court again heard arguments as to the admissibility of Kim Brooks’ hospital statements as spontaneous declarations. Thereafter, the court rendered its ruling as follows:

“The question is whether or not the reflective faculties of Kim Brooks was still so that the reflective faculties had no control over her. There obviously must be an [u]mbilical cord, in quotes, between the event and the utterance.

The time element, of course, is a factor that has to be determined. In this case, it was two hours or perhaps a little more. There must be no, the Court must consider whether or not there is any intervening matters that came forth which caused a break between the event, in connection between the event and the statement.

In this case, there will be one statement prior, to a police officer, I believe Dease, on the scene, in about 30 minutes. That is a factor that, of course, has to be considered.

And, the condition of [Kim Brooks]. I think everyone admits that she was in a pretty serious, in a grave situation.

The question is whether or not she knew it. And there is no testimony there; except, there was testimony that she was wrapped up in a lot of clothes.

She knew that she had been burned to some extent. She died about a month later, I believe, after that.

I am concerned about whether or not the connection itself can be so handled in this fashion and I don’t think it can be.

I think there was sufficient intervening events that caused a break such that it could not be admitted and as a spontaneous declaration being as a factor.

And I further believe that two hours is a little bit too long. And I would call your attention to People versus Jackson, 9 [Ill. 2d] 484, statement made at least one hour after the stabbing.”

The day after the court’s ruling, prior to the taking of testimony, defense counsel once again informed the court of the difficulties he had encountered in attempting to contact Dr. Vijakumar, whom he represented to be “the only medical personnel [sic] that was present during the treatment of Kim Brooks.” Counsel also bemoaned his inability to obtain nurses’ notes from Cook County Hospital. The court responded, “We can address that a little bit later on. I do not think it needs to be addressed right now.” Defendant continued with the presentation of other aspects of his case.

Donald Grigsby testified that he went to the second-floor apartment at 458 North Hamlin in the late afternoon or early evening of January 12, 1985. He had stopped on the way to get his friend, Raynard, a bag of marijuana. Grigsby had been to the apartment once or twice previously. Upon his arrival on the day in question, Grigsby was met at the door by a young woman; Raynard let him in. Raynard locked the burglar gate after he entered. Inside, it “looked like they were getting ready to move.” There was a lot of furniture stacked in the room. Grigsby said he gave Raynard the marijuana, stayed about five minutes, then left through the front door.

As he was leaving, he saw Bodine and another man coming upstairs. The other man had “curls” and a mustache. He appeared to be in his late twenties and stood about 5 feet 7 inches tall. Grigsby later learned there had been a fire at Raynard’s within a half hour of his leaving.

Although Grigsby initially claimed he did not know Raynard was selling drugs from the apartment, he later admitted that Raynard was the “house man” at Big Daddy’s dope house and that Raynard was selling drugs from that location. Grigsby admitted he knew Derrick Pearson, also known as “Big Daddy,” and Jeffrey Hag-gins, also known as “Bodine.” He admitted he had previously been convicted of unlawful use of weapons.

Grigsby, who had known defendant for a couple of years, admitted he had not gone to the police on January 12, 1985, even though he knew his friend, Raynard, had died. He said he failed to do so because he was scared of Bodine. He had spoken with Big Daddy and Bodine shortly after the fire, a fact' of which he had informed the police. Grigsby said it was not until January 29— when he was taken to the police station against his will — that he told the police about having seen Bodine at the top of the stairs shortly before the fire.

Sterling Buchanon, Jeffrey Haggins’ stepbrother, testified that he (Buchanon) was in Stateville Correctional Center on January 12, 1985. He was released on January 14, 1985. He was aware of the fire and murders on Hamlin. On January 16, he got together with Bodine, Charlie Hill, Larry and “Mr. T” and smoked some “reefer.” Bodine was, at the time, working for Big Daddy and had recently worked with Raynard Rule. Bodine had been selling drugs for Big Daddy and overseeing the dope house on Hamlin. Raynard was the doorman. After Larry and Mr. T left, Buchanon asked what had happened at Hamlin.

Following an objection by the State, arguments were heard and cases were submitted pertaining to the admissibility of testimony concerning any statements Bodine might have made to Buchanon. The court permitted defense counsel to proceed with his examination of Buchanon with the understanding that it would be considered an offer of proof. Buchanon chose to continue his testimony despite warnings that his testimony might tend to incriminate him.

Buchanon testified he was in the basement of his mother’s house on the evening of January 16, 1985, with Bodine and Charlie Hill “getting high.” Charlie Hill was about 5 feet 7 inches tall, 175 to 180 pounds, muscular, dark-complected, with long “carefree” curls and a mustache. Larry and Mr. T had left. Buchanon overheard Bodine tell Charlie that Raynard was a stool pigeon, put in a top spot to watch him. Raynard had previously worked at one of Big Daddy’s dope houses on Arlington. Buchanon said he asked Bodine if he knew anything about the murders at the dope house where he worked. Bodine replied, “[T]he less you know the better off you is.” Bodine and Charlie started to discuss the matter between themselves. Charlie told Bodine, “[Bjetter get rid of the clothes, because you throwed that shit everywhere. It got on me, on my pants, my shoes and everything ***.” Buchanon said they lowered their voices for a time and he could not hear what they were saying. Buchanon said he then overheard Charlie say, “[Y]ou should’ve called the nigger back upstairs ’cause he could put is [sic] in the building.” Bodine allegedly replied, “Oh, don’t worry about him. He ain’t going to say nothing.” Once again, Bodine and Hill lowered their voices so Buchanon could not overhear. Thereafter, Bodine went upstairs and returned with a roll of clothing which smelled of fumes. When Buchanon expressed interest in a sweater therein, Bodine said, “Yes, it’s pretty, but got to get rid of it.” As Charlie Hill was leaving, he told Bodine, “[G]et rid of the .38 and the shotgun and I get rid of the other pipe.”

After Hill had left, Buchanon rolled a “joint” and went back to the alley where Bodine was burning in a garbage can what appeared to be the sweater and blue jeans Buchanon had seen earlier. As Buchanon handed Bodine the joint, Bodine stirred the items in the can to facilitate their incineration.

When the two returned to the basement, Buchanon chastised Bodine for allowing Hill to exert so much influence over him. Buchanon allegedly said, “[I]f you all was involved in the shit on Hamlin, don’t make no sense for all those people getting killed and get no shit out of it.” Bodine replied, “[I]t just didn’t go the way we planned *** just didn’t mean for it to happen like that.”

The next evening, Buchanon was in a garage stripping a stolen car when Bodine came in carrying a one-shot, sawed-off shotgun. He said, “[Wjatch my back *** I am fittin’ to take care of something.” He then walked out of the garage and into a vacant lot. Later, he returned and said he was finished.

According to Buchanon, about a week later he was talking to another stepbrother when he noticed a picture of a “cute girl” on the fireplace. He asked who she was and was supposedly informed, “Calvin’s girlfriend *** she got killed in the Hamlin thing back in January.” The stepbrother called her “Bonnie.” Buchanon said he asked for and received permission to take the photograph. Later that evening, he showed Bodine the picture and asked him if he recognized her. He replied, “[Y]es, one of the bitches with Raynard.” Buchanon said, “Do you know who that is? That’s Calvin’s girlfriend. Our stepbrother.” Bodine allegedly replied, “That bitch shouldn’t have been up there.”

Two or three days later, Buchanon was helping Bodine put some tires on his car when Charlie Hill drove up and told Bodine, “[Y]ou know that bitch still alive?” Bodine said, “[Djon’t worry. She in a coma.” Hill replied, “[S]he the only one can identify us.” Bodine assured Hill he kept “tabs on the broad.” Hill said, “[I]f worse come to worse; we will go up in the hospital and get her.”

The court ruled Buchanon’s testimony inadmissible as substantive evidence because the statements were made too long after the crimes; the statements were ambiguous with no clear admission by Bodine; there was insufficient independent evidence to corroborate the statements; and, although Bodine was apparently dead and unavailable to testify, Charlie Hill was “still available.” Referring to Hill, the court stated, “I don’t know that as a more credible witness that might be able to testify to the declaration of confession.” The court did not — contrary to the State’s representation otherwise — find that Buchanon was not a credible witness.

The court, referring to the criteria for admissibility of third-party confessions, stated:

“The four elements must come together. It is not one of three, if any of them are left out. If you feel you’re short on any one of them, perhaps we could wait a little longer on that.”

Continuing with its case, the defense called Jonathan Douglas. Douglas testified that he was at the game room at 750 North Lawndale on January 12, 1985. He left around 5 p.m. to look for some cough syrup. When he left, defendant was still at the game room. On his way back to the game room, he saw the fire trucks on Hamlin and stopped for a while at the scene of the fire. He returned to the game room about 6 p.m. and told his brother, Sam, and defendant about the fire. He, Sam and defendant walked down there to see what was happening. Douglas estimated walking time from the game room to 458 North Hamlin to be about 5 to 10 minutes. Douglas said he had known defendant for seven or eight years and would do defendant a favor if asked to do so. He admitted to having been convicted of theft and attempted arson.

Samuel Douglas testified that he was at the Lawndale game room on January 12, 1985, from 2:30 to 6 or 6:30 p.m. Defendant was also there during that time period. Samuel Douglas, his brother, Jonathan, and defendant left sometime after 6 p.m. to see what was happening at 458 North Hamlin. Douglas said he is a friend of defendant. He admitted he had been convicted of burglary.

Vicki Travis testified that she was at the Lawndale game room at approximately 5:30 p.m. on January 12, 1985, and spoke with defendant at that place and time. Defendant was at the game room from 5:30 to 6:45 p.m. Although she had not previously volunteered that information to law enforcement officials, she had told others about it. She did not smell kerosene on defendant that day. On January 12, defendant had a little hair around his upper lip; he did not wear his hair in curls. Travis said she did not see Charles Green at the game room that day. She knew who Raynard Rule was, but had never seen him with defendant. Travis had known defendant for four or five years.

Sandra Glover, defendant’s girlfriend, testified that she arrived at the game room a few minutes after 6 p.m. on January 12, 1985. Defendant was already there. Jonathan Douglas came in a few minutes after she did and told Sam Douglas and defendant that Sam’s building was on fire. Defendant, Jonathan and Sam left at 6:35 p.m., headed toward Huron. She did not see Charles Green at the game room that day.

Dionne Coleman testified she saw defendant in front of the game room at approximately 4:30 p.m. on January 12, 1985. She took him a pie at 5 p.m. in consideration of his having helped her grandmother with groceries. She saw defendant later around 9:30 p.m. She did not see him in between. Defendant’s hair was cut short. Coleman could not recall anything unusual about defendant’s clothes. She did not see Charles Green that day.

Defendant testified in his own behalf, initially explaining the circumstances of his confinement at the police station. He said on February 7, 1985, at approximately 9:30 a.m. he was confined in a small room at the station, and had been so confined since February 5. At that time, Detective Summerville showed him a statement Summerville had written out. He said Summerville wanted him to put Green and Bobo in the house. Summerville told him if he said what Summerville told him to say he could get manslaughter. Defendant denied ever having told Summerville he had stabbed Raynard Rule in self-defense. Defendant said he read the statement aloud to Summerville a few times, but insisted he “wouldn’t say it.” After defendant read the statement over a few times, Summerville called Detective Clemmons into the room and instructed defendant to “say it again,” which defendant did. Defendant again told them he “wasn’t going to say that.” Clemmons told him to “say it to a states attorney/’ but defendant refused. By stipulation, defendant’s testimony from his suppression hearing was added as evidence.

Later, on February 7 at 1:50 p.m., defendant spoke with an assistant State’s Attorney who asked defendant some questions, which defendant answered. Summerville was present. In his signed statement, defendant said he was at the game room on Lawndale from 4:30 to 6 or 7 p.m., at which time he left to see about the fire on Hamlin. He was not inside the residence at 458 North Hamlin on January 12, 1985, and did not commit the crimes therein perpetrated. He had been to the building before, but on the day in question he had been at the game room all day, except for a 5- or 10-minute period when he went across the street to get something to eat.

Defendant said on January 12, 1985, he was 19 years old, 5 feet 7 inches tall, and weighed between 180 and 200 pounds. He has a tattoo of a top hat and a cane on his right arm, which symbolizes membership in the Vice Lords. On January 12, 1985, he was a member of the Vice Lords.

Defendant said he had known Raynard Rule for four or five years. He knew Raynard had an apartment on Hamlin. He did not see Raynard at the game room on January 11 or 12. Raynard did not beat him up. Defendant said Raynard was “all right with me.” He never saw Raynard in 1985. Defendant said he recognized Lauren Rule from a photograph shown him, but he did not see her on January 12.

Defendant testified he did not know a person by the name of Jeffrey Haggins, or Bodine; nor . did he know Derrick Pearson, although he had heard of Big Daddy. He said he did not see or speak to Charles Green on January 12, 1985, and did not pay h