People v. Williams (193 Ill. 2d 306, 2000)

JUSTICE McMORROW

delivered the opinion of the court:

On November 16, 1995, Debra Evans was fatally shot and stabbed in the Addison apartment where she lived with James Edwards and her children, Samantha, Joshua, and Jordan. Debra was nine months pregnant, and the baby she was carrying, Elijah Evans, was cut from her womb. Samantha was killed in the apartment with her mother. Joshua and Elijah were taken from the apartment, and Jordan was left alone in the apartment with his dead mother and sister. The day after Debra’s and Samantha’s murders, police found Joshua’s dead body in an alley in Maywood. When police arrested defendant, Jacqueline Annette Williams, on November 17, she was holding Elijah, who was still alive. In connection with the murders and kidnappings of the members of the Evans family, defendant, her cousin Laverne Ward, and her boyfriend Fedell Caffey were jointly indicted on several counts of first degree murder and aggravated kidnapping. They were tried separately.

Following a jury trial in the circuit court of Du Page County, defendant was convicted of the first degree murders of Debra, Samantha, and Joshua Evans. She was also convicted of the aggravated kidnappings of Joshua and Elijah Evans. The same jury found defendant eligible for the death penalty and found no mitigating factors sufficient to preclude the imposition of the death penalty. The circuit court sentenced defendant to death for the first degree murders of Debra, Samantha, and Joshua Evans. At a separate sentencing proceeding, the circuit court sentenced defendant to 15 years’ imprisonment for the aggravated kidnapping of Joshua Evans and imposed a consecutive 15-year sentence for the aggravated kidnapping of Elijah Evans.

Defendant directly appeals her murder convictions and death sentence to this court. Ill. Const. 1970, art. VI, § 4(b); 134 Ill. 2d R. 603. Her death sentence has been stayed pending our review. 134 Ill. 2d R. 609(a).

BACKGROUND

At defendant’s trial, James Edwards testified that in November 1995, he was living with Debra and her three children in a two-bedroom apartment in Addison, Illinois. Samantha was 10 years old, Joshua was 7 years old, and Jordan was almost 2 years old. Debra was nine months pregnant and was scheduled to enter the hospital on Sunday, November 19, to have labor induced.

At about 5:30 p.m. on November 16, 1995, Edwards left for his job. When he returned, after leaving work at 2:30 a.m., Jordan met him in the kitchen. Jordan was alive. Edwards found Debra lying on the living room floor between a coffee table and a love seat. She was unresponsive, and Edwards observed a large wound to her stomach. Samantha was lying on the floor in the children’s bedroom. Her neck had been slashed. Joshua was missing. Edwards called 911.

Edwards further testified that several items were missing from the apartment, including a Grambling State University Tigers jacket and a pair of poultry shears. In addition, on the bed that he and Debra shared, there was an Ace bandage that Edwards had never seen before.

Patrice Scott testified that, shortly after midnight on November 17, 1995, defendant, who was a friend of hers, came to the Villa Park apartment Scott shared with Dwight Pruitt and Scott’s three daughters. Joshua was with defendant, and defendant had blood on her sweater. Joshua was wearing a coat and boots but no socks or pants.

According to Spott, defendant asked if Joshua could spend the night at Scott’s apartment because his mother had been shot “out west” during a drug deal, and defendant was going to visit her in the hospital. Defendant also told Scott that she, defendant, had given birth and would bring the new baby with her when she came to retrieve Joshua in the morning.

After defendant left, Scott asked Joshua what his name was. He told her his name and said he needed to use the bathroom. Joshua used the bathroom, and Scott put him to bed on her living room couch. During the night, Scott heard Joshua whimpering and crying in his sleep. Around 5 a.m., Scott arose to feed her newborn, Alexis. Joshua was still whimpering and crying in his sleep. When he awakened around 6 or 7 a.m., he was crying.

Scott testified that she asked Joshua if he was worried about his mother and told him that his mother would be okay. Joshua replied, “No, no, she’s not,” and said that his mother and sister were dead. He explained that four burglars had come through the window and cut his mother and sister. He said that his little brother had been left in the apartment and asked Scott to get Jordan. Joshua told Scott that he had been hiding in the apartment and that, when the burglars left, he ran out after defendant, who brought him to Scott’s apartment. Joshua repeated this story several times.

Scott asked Joshua if he knew who the burglars were. Joshua identified the burglars as Annette, Fedell, Vern, and “Boo-Boo.” According to Scott, defendant is usually called Annette, and defendant has a relative named Bo Wilson. Scott admitted that she did not initially tell police that Joshua had named Fedell and “Boo-Boo” as two of the burglars. She testified that she was afraid of Fedell.

Joshua continued crying after he told Scott what had happened to his family. Scott’s daughters entered the living room and one of them read Joshua a book. Joshua listened to her read, but his emotional state did not change significantly. When Scott’s daughters left for school, Joshua told Scott to chain the door because the burglars might return.

Scott further testified that, around 9 a.m., defendant returned to the Villa Park apartment. Scott informed her that there was a discrepancy between what defendant said had happened to Joshua’s mother and what Joshua said had happened. Scott also told defendant that Joshua had named her, Vern, and Fedell as the “burglars” who had entered his apartment. Defendant became angry at Joshua, cursed at him, and accused him of lying. In response, Joshua asserted repeatedly, “No, no, that’s what happened.”

According to Scott, defendant then told Joshua that his mother had left him some medicine. Joshua replied, “What medicine, I don’t take any medication.” Defendant brought him into the kitchen and gave him something, after which he gagged and vomited. Scott again asked defendant about what Joshua had told her that morning. Defendant said that Joshua talked too much and that Caffey had told her to take him south to the “projects.”

Scott testified that she then agreed to go to defendant’s house so that defendant could give Scott some baby outfits for Alexis. Defendant drove Scott, Alexis, and Joshua in a gray four-door car to her Schaumburg townhouse. At the townhouse, defendant first brought Scott to a bedroom. Caffey and a white baby boy with blond hair and tape on his stomach were on the bed in the bedroom. Defendant then asked Scott to bring Joshua to the laundry room in the townhouse.

Scott testified that Caffey and an unidentified man were already in the laundry room. Scott denied that this man was Ward or Bo Wilson and denied that Wilson had threatened to kill her. After the unidentified man left, defendant told Caffey, “[Joshua’s] got a big mouth. He knows — he knows our names. He said my name, your name and Vern’s name.” Caffey asked defendant why she had brought Scott to the house and why she had not taken Joshua “out south” as he had instructed.

Defendant told Joshua to sit on the daybed in the laundry room and picked up a rope from the floor of the laundry room. She wrapped it around Joshua’s neck, and she and Caffey began strangling Joshua with the rope. Joshua and Scott screamed, Scott pushed defendant, and defendant dropped the rope.

Defendant then left the laundry room and returned holding a knife behind her back. According to Scott, Caffey did not instruct defendant to get the knife. When Scott saw the knife, she screamed and asked Caffey and defendant to take her home and to free Joshua. Defendant threw the knife on the bed. Caffey instructed defendant to take Scott home and informed Scott that, if she told anyone what had happened, he would kill her and her whole family. Scott grabbed Alexis and sat in the front seat of the gray car, which was parked in the garage of the townhouse. Defendant instructed Joshua to sit in the backseat, which he did. Scott looked into the backseat and saw Caffey stabbing Joshua as defendant appeared to be holding Joshua’s arm. Scott felt Joshua kick the seat and heard him gagging.

Defendant then moved to the driver’s seat of the car, and Caffey told her, “You know where to go.” Joshua was whimpering in the backseat, and Scott was afraid for her life and her baby’s life. They drove to Maywood, where defendant and Caffey took Joshua from the car and helped him walk to the back of a building. Defendant and Caffey returned without Joshua. Defendant left Caffey in Maywood and drove Scott to her apartment in Villa Park.

When Scott and defendant arrived at Scott’s apartment, defendant asked Scott for cleaning products to remove vomit from her car. Scott gave her some cleaning supplies, and defendant drove away.

Pruitt’s testimony about the events in Villa Park essentially mirrored Scott’s. He added that he was watching the midday news around 11 a.m. on November 17 when he saw a television news story about the homicides in Addison. He attempted to call the police but could not find a working telephone until after defendant left Scott at the Villa Park apartment, around 12 p.m. After the police arrived, Pruitt and Scott accompanied them to Maywood, and Scott showed police the location where defendant and Caffey had left Joshua.

Pruitt admitted that, at the time of trial, he was serving a prison sentence for a weapons charge. He also testified that he was a gang member and had previous convictions for armed robbery and unlawful possession of a controlled substance.

Defendant’s sister, Tina Martin, testified that at 3:30 a.m. on November 17, 1995, she received a call from defendant. Defendant stated that she had just given birth and was at a friend’s house. Martin and her mother went to the friend’s house, where they saw defendant, Caffey, and a baby with light coloring.

Members of several different police departments and the Cook and Du Page County state’s attorneys’ offices testified to the circumstances of defendant’s arrest and her statements to them. They testified that during the afternoon of November 17, Joshua’s partially clothed body was found in an alley in Maywood. That night, police arrested defendant and Caffey at defendant’s Schaumburg townhouse. At the time of their arrest, defendant was carrying Elijah in an infant carrier, and Caffey was wearing the Grambling Tigers jacket taken from the Addison apartment. Police examined Elijah, who was alive, and observed a bloody piece of gauze taped over his navel.

In her initial conversations with police and prosecutors, defendant minimized her role in the murders and kidnappings. For example, during some conversations, she stated that Elijah was her son, and she had given birth at a friend’s house on November 16. Defendant also stated that Caffey was the baby’s father and that the baby’s name was Fedell Caffey, Jr. In other conversations, defendant told police that Caffey and Ward went to the Addison apartment to speak to Debra about the unborn baby and to teach Debra a lesson. Defendant knew there would be “trouble” when they went to the apartment. At Caffey and Ward’s request, defendant met them in the apartment building parking lot at about 10 p.m. on November 16. Caffey exited the building and handed a newborn baby to defendant.

Similarly, defendant attributed much of the responsibility for Joshua’s kidnapping and murder to Scott and Caffey. For example, she told police that Scott gave Joshua Visine and soda pop to drink. Defendant also said that Caffey and Scott wanted her to leave Joshua in the “projects,” but she could not, so she brought him to the Schaumburg townhouse. According to defendant, Caffey was angry that she .brought Joshua to the townhouse and asked her to get a knife, which she did. Caffey then instructed defendant and Scott to pull on the ends of a cord wrapped around Joshua’s neck. Caffey told defendant to drive to Maywood and stabbed Joshua during the car ride. Defendant further stated that, after they left Joshua in an alley in Maywood, Scott threw a sheet in which Joshua had been wrapped out of the car window as they drove by the Baldwin piano factory.

In a written statement defendant signed on November 18, however, defendant admitted to a greater role in the murders and kidnappings of the members of the Evans family. She stated that she and Caffey had been dating for two years. Throughout their relationship, defendant and Caffey had attempted to conceive a child. Caffey wanted a baby boy with light skin so that the baby would resemble him. Defendant had become pregnant, but one pregnancy had ended in an abortion and another had ended with a miscarriage.

According to defendant’s statement, Ward was upset with Debra during the four months that preceded the murders. On November 16, 1995, Ward, Caffey, and defendant drove to Debra’s apartment in the gray Sable because Ward wanted to talk to Debra about their son Jordan. Debra was pregnant and planned to deliver her baby on Monday. Debra had chosen to name the baby Elijah.

Defendant further stated that she, Caffey, and Ward arrived at the Evans apartment at about 9 p.m. Debra let them into the building and apartment. Debra sat on a small couch, and she and defendant had a conversation about their children. Subsequently, while defendant was in the bathroom, she heard a loud ringing noise. She exited the bathroom and saw Debra lying on her back. Debra’s eyes were blinking rapidly, and bubbles were coming from her mouth. Caffey was holding a small silver automatic gun. Ward was standing beside Debra and appeared to be stabbing her in the neck.

Caffey then made a cut “crossways” on Debra’s abdomen with the poultry shears. As he cut, defendant could see the head of a baby. She and Caffey wanted the baby because it was a boy. Caffey pulled the baby from Debra and cut the umbilical cord while defendant stood next to him. Caffey did not want the baby at that point because he thought he had killed the baby, but defendant still wanted the baby. She blew into the baby’s nose and mouth, and he began breathing.

Defendant further stated that, as she dressed the baby in a sleeper, Caffey and Ward went into the children’s bedroom. Joshua ran from the bedroom crying that Caffey and Ward were hurting his sister. Defendant covered Debra with a blanket, but when Joshua saw his mother, he vomited and ran to the bathroom.

Defendant began to leave the apartment with the baby. Joshua grabbed her legs and said that he did not want to stay there because Caffey and Ward were bad. Defendant and Joshua exited the apartment through the back entrance. Caffey and Ward joined them in the car and they all drove to a location on Roosevelt Road, where Ward exited the car. Defendant and Caffey then drove to Scott’s, where they left Joshua. Defendant lied and told Scott that Joshua’s mother had been shot at a “drug spot.”

Defendant stated that she and Caffey then drove to the house of a friend, where they placed a bandage on the baby’s navel. Defendant and Caffey spent the night at the Schaumburg townhouse, where they washed some of the baby’s blood from the coat Caffey had stolen from the Addison apartment.

On Friday morning, defendant returned to Scott’s apartment and learned that Joshua had told Scott about the murders. Defendant knew at that point that they “were in deep trouble.” She took Joshua to the Schaumburg townhouse. Scott came with them because she wanted to see defendant’s baby.

According to defendant’s written statement, Caffey and Ward were at the townhouse. They were all afraid that Joshua would identify them. Caffey told defendant to tie a scarf around Joshua’s mouth, which she did. Ward left the townhouse at that point. Defendant asked Joshua to sit on the bed and tried to poison him by having him swallow “antiseptic.” Caffey asked defendant to get a knife. Defendant did so and gave Caffey the knife. Joshua was screaming and frightened. Scott was also frightened because Caffey was threatening her.

Defendant further stated that they put Joshua in the car on the floor behind the driver’s seat. Defendant sat in the driver’s seat, and Caffey sat in the backseat. Caffey wrapped a cord around Joshua’s neck several times and ordered defendant and Scott to pull on the ends of the cord. Joshua was screaming, crying, and moaning. Defendant and Scott dropped the cord, and Caffey began stabbing Joshua. Defendant drove to Maywood, where she pulled into an alley. She removed the sheet that was wrapped around Joshua and left him in the alley. Defendant dumped the sheet at a piano company and drove Scott to her apartment. They killed Joshua because he knew who committed the murders.

In addition to evidence of defendant’s statements to police, the State presented police testimony describing the scene of Debra’s and Samantha’s murders. On the sidewalk in front of the apartment building, police found the poultry shears described by Edwards and by defendant in her written statement. There was blood on the shears, and one of the handles was broken. The windows and doors of the apartment showed no signs of forced entry. There was blood spattered in the living room, hallway, and bathroom of the apartment. Police found an emissions test notice addressed to Debra Evans on a hutch in the living room. The State’s fingerprint expert opined that a fingerprint on the emissions test notice matched defendant’s. In the master bedroom, police discovered an Ace bandage soaked in blood next to a bloodstain on the bed.

In the dishwasher in defendant’s Schaumburg townhouse, police found the knife defendant had identified in her written statement as the weapon used to kill Joshua. In a garbage bag in the garage, police found a white coaxial cable. There was a bed and scarf in the laundry area. There was what appeared to be a pool of blood on the floor of the backseat of the gray car in the garage.

With respect to Joshua’s kidnapping and murder, police recovered an empty brown iodine bottle from the kitchen garbage in Scott’s apartment. On November 18, police discovered a bloodstained bed sheet near the Baldwin Piano Company in Bellwood, seven blocks from the alley where defendant left Joshua’s body. Police found a matching sheet and pillowcase in defendant’s townhouse.

According to the State’s serology expert, the samples from the following items tested positive for human blood: the poultry shears, the bathroom vanity in the Addison apartment, the Ace bandage, the emissions test notice, the Grambling Tigers jacket, the bed sheet found by the piano company, and the carpet from the gray Sable. In addition, there was saliva on the scarf found in defendant’s townhouse, although it could not be determined whether the saliva was human. The State’s DNA experts opined that blood on the white cord from defendant’s garage belonged to Joshua; blood from the-Addison apartment vanity belonged to Elijah; blood on the Grambling Tigers jacket belonged to both Elijah and Jordan; blood on the poultry shears belonged to Samantha; blood on the carpet of the gray Sable belonged to Joshua; and blood on the sheet recovered near the piano company belonged to Joshua. In addition, one of the State’s DNA experts testified that in his opinion Ward was the father of both Elijah and Jordan.

Dr. Shaku Teas testified concerning the autopsies she performed on Debra’s and Samantha’s bodies. Samantha had seven stab and incised wounds on her neck and some incised wounds to her left arm. Dr. Teas explained that, generally, a stab wound is deeper than it is long and an incised wound is longer than it is deep. According to Dr. Teas, the cause of Samantha’s death was multiple stab wounds.

With respect to Debra’s autopsy, Dr. Teas testified that a bullet had entered the back of her head and traveled through the right side of her brain to the area behind her forehead. In addition, Debra had four incised wounds to her neck. There was a 13-inch gaping wound from one side to the other of Debra’s abdomen. Her uterus had been sliced open. The placenta and umbilical cord, which had been cut with a sharp instrument, remained in the uterus, but there was no fetus. Some intestines near the uterus had also been cut. Dr. Teas testified that the temporal order of Debra’s wounds could not be determined from the autopsy alone. With respect to the ability of a fetus to survive when its mother dies, Dr. Teas testified that a fetus can survive as long as the mother’s heart is beating. After the mother’s heart stops, however, the fetus can survive for only three to five minutes. In Dr. Teas’ opinion, the main cause of Debra’s death was the gunshot wound, and the multiple stab and incised wounds were contributing causes. Dr. Teas further opined that all of the stab and incised wounds to Samantha and Debra could have been caused by the poultry shears.

Dr. Christopher Olson, Debra’s obstetrician and gynecologist, testified that, when a Caesarean is performed in an appropriate medical manner, three persons are required to deliver a child. If there were no concern for the well-being of the mother and child, fewer persons would be needed. Dr. Olson testified, however, that more than two hands are needed to deliver a baby by Caesarean, particularly if a horizontal incision, such as the one on Debra’s abdomen, is made. Dr. Olson further testified that the incision used to remove the baby from Debra’s uterus was at the back of the uterus. Therefore, the uterus must have been pulled to the side or lifted out of the abdomen to make this cut. According to Dr. Olson, it was unlikely that this could have been accomplished by one person.

Dr. Olson also stated that, for a fetus to survive, it would have to be removed from a nonbreathing mother within two to three minutes. In Dr. Olson’s opinion, Debra’s heart was beating when the baby was removed from her body because the baby survived and because the blood spatters around her body suggested a certain amount of blood pressure.

Dr. Joseph Cogan testified that he performed an autopsy on Joshua. Dr. Cogan stated that Joshua had injuries, such as ligature marks, that indicated strangulation. The marks appeared to be from some sort of cord wrapped around his neck two times. There were several stab wounds to Joshua’s neck. Joshua had no defensive wounds. Dr. Cogan also found evidence of aspiration, that is, evidence that Joshua had inhaled his own vomit.

Dr. Cogan further testified that the stab wounds occurred while Joshua was still alive. The strangulation preceded the stab wounds, and the aspiration occurred after he was stabbed. Dr. Cogan opined that, although he did not analyze Joshua’s stomach contents, the unusual damage to the tissue of Joshua’s lungs from the aspirated stomach contents was consistent with the ingestion of iodine. Dr. Cogan also testified that the ligature marks were consistent with the white cord found in defendant’s garage, and the stab wounds were consistent with the butcher knife found in defendant’s dishwasher. Dr. Cogan testified that Joshua would not have died instantaneously from his injuries but would not have lived for more than 30 minutes. In Dr. Cogan’s opinion, Joshua died from multiple injuries: the strangulation, the stab wounds, and the aspiration of the stomach contents.

In addition to this testimony describing the circumstances of the murders and kidnappings of members of the Evans family, the State presented evidence concerning defendant’s and her codefendant’s activities in the months preceding the murders and evidence of their relationships with the Evans family. Edwards testified that he had been living with Debra since 1989. Between 1989 and 1995, Edwards and Debra separated several times. During these separations, another defendant, Ward, lived with Debra and fathered Jordan and Elijah. Edwards stated that, several months prior to the murders, Debra had decided to name the baby she was carrying Elijah. During the last few weeks before the murders, Ward telephoned the Evans apartment several times, and Edwards overheard Debra arguing with Ward.

Edwards further testified that one week before the murders defendant came to the Evans apartment unexpectedly. Defendant and Edwards had a short conversation, during which defendant asked Edwards what time he went to work and how he traveled to work. Edwards told her that he worked from about 6 p.m. to 2:30 a.m.

Scott testified that, in the fall of 1995, defendant asked her if Pruitt knew where she could get a gun. Pruitt testified that defendant had asked him on several occasions to obtain a gun for her in the summer of 1995. Caffey was with her the last time.

Defendant’s cousin John Pettaway testified that he saw defendant, Ward, and Caffey together during the afternoon of November 16, 1995. As Pettaway and Ward were driving around Wheaton that afternoon, they met defendant and Caffey twice. On both occasions, defendant, Caffey, and Ward had a brief conversation. Pettaway further testified that, the following day, he saw defendant at a car wash vacuuming the backseat area of the gray four-door car she was driving.

Defendant’s sister, Tina Martin, testified that, around 6:50 p.m. on November 16, 1995, Ward came to the house Tina shared with her mother on Crescent Street in Wheaton. Ward made a telephone call to Debra Evans. Tina overheard a portion of their conversation, during which Ward asked, “Is the baby mine, or is it his.” Ward left the Martin house around 8:10 p.m.

Cynthia Sawyer, a friend of Debra and defendant, testified that Debra and defendant had lived together at one time. Sawyer further testified that Ward and Debra had argued about the paternity of Jordan for several years before the murders. A few days before the murders, Sawyer observed defendant wearing an Ace bandage on her right arm.

According to the testimony of several State witnesses, defendant was unable to have children in 1995, but, in the months before the murders, pretended that she was pregnant. Defendant’s sister, Tina Martin, testified that defendant told her that she was pregnant in April 1995. Defendant said that the baby was due in August, and Tina held a baby shower for defendant. Defendant later told her sister that the baby was due in October. She did not have a baby in October but continued to claim that she was pregnant. Darlene Bearden, defendant’s probation officer, testified that, on November 1, 1995, defendant told her over the telephone that she had given birth. At an appointment on November 9, defendant told Bear-den that she had named the baby Elijah.

Following the presentation of this evidence, the State rested its case in chief. Defendant’s case consisted primarily of testimony intended to impeach Scott and Pruitt’s testimony. One police officer testified that she showed Scott a photo array on January 19, 1996. Scott selected a photo of Bo Wilson from this array and, contrary to her trial testimony, stated that she was “fairly positive” that he was the other man in the Schaumburg townhouse when she, defendant, and Joshua arrived there. Scott told the officer that Wilson appeared angry that Joshua was with her and defendant. Scott also stated that Wilson was a gang member, terrified her, and had threatened her.

Another police officer testified that, when Scott spoke to him on November 17, she said that Joshua had told her that four black men had entered the Addison apartment and two of them had come through the bedroom window. In addition, she stated that Joshua had said that, after the “bad men” left, he ran out and found defendant. Still another police officer testified that Scott had told him on November 18 that she did not know who held Joshua as Caffey stabbed him. Defendant also presented the testimony of a police officer who stated that Pruitt had said that he first heard of the murder on the 10 a.m. news, and Scott returned to the apartment around 11 a.m.

The only other witness for the defense was Kim Young, another friend of defendant. She testified that defendant had made false claims of pregnancy several times prior to 1994 as part of a “female game” they played to keep the men they were dating. In addition, the defense presented two stipulations. According to one, the time of Pruitt’s 911 call was 12:44 p.m. According to the other, during an interview on November 18, 1995, with assistant State’s Attorneys, Scott said that Caffey wanted defendant to take Joshua to the projects on the south side, but defendant had told Caffey that Joshua could be hurt there.

In rebuttal, the State called a police officer, who testified that, on November 18, 1995, Scott stated that defendant held Joshua while Caffey stabbed him.

The jury found defendant guilty of the first degree murders of Debra, Samantha, and Joshua Evans. In addition, the jury found her guilty of the aggravated kidnappings of Joshua and Elijah.

At the first stage of defendant’s sentencing hearing, the jury considered the evidence presented at trial and defendant’s convictions for first degree murder and aggravated kidnapping. In addition, the State presented evidence that defendant’s date of birth was December 22, 1966. The jury returned eight separate eligibility verdicts. In connection with Debra Evans’ murder, the jury found defendant eligible for the death penalty under the multiple-murder and felony-murder statutory aggravating factors. See 720 ILCS 5/9 — 1(b)(3), (b)(6) (West 1994). In connection with Samantha Evans’ murder, the jury found defendant eligible for the death penalty under the multiple-murder and brutal and heinous murder of a child under 12 statutory aggravating factors. See 720 ILCS 5/9 — 1(b)(3), (b)(7) (West 1994). In connection with Joshua Evans’ murder, the jury found defendant eligible for the death penalty under the multiple-murder, felony-murder, brutal and heinous murder of a child under 12, and murder of a witness statutory aggravating factors. See 720 ILCS 5/9 — 1(b)(3), (b)(6), (b)(7), (b)(8) (West 1994).

At the second stage of sentencing, the State presented evidence concerning defendant’s criminal history. This history included evidence that, in 1988, defendant had been sentenced to court supervision for the offense of theft by deception and for the offense of retail theft. In 1991 she was arrested for credit card fraud. In addition, she was convicted of theft based on her 1991 possession of jewelry and checks that had been stolen during a series of burglaries in the area around the Wheaton house she shared with a male companion. In 1993, defendant and another woman were arrested for cashing and attempting to cash forged checks at local banks. The checks had been stolen from the office of a Wheaton attorney whose office defendant’s mother cleaned. According to the woman arrested with defendant, they planned to give the money from the forged checks to defendant’s male companion. Defendant was convicted of forgery.

Defendant’s probation officers testified that, in January 1992, defendant was sentenced to 24 months of probation for felony theft. Defendant was sentenced to additional terms of probation for violating the terms of her probation and remained on probation in November 1995.

One of defendant’s friends testified that, in January 1995, she and defendant visited Caffey in the hospital. Defendant said that she had accidentally stabbed Caffey, and Caffey’s lung had been punctured. A few months earlier, Caffey and his friends had severely beaten defendant.

Members of the Du Page County sheriffs office testified concerning defendant’s conduct in jail while awaiting trial in this case. In July 1996, a comb that had been fashioned into a shank was found hidden in defendant’s cell. Later that year, defendant grabbed the shoulder of a sheriffs deputy as he was escorting another inmate past defendant’s cell.

Christie DeSmedt, the administrator for the general assistance program for Milton Township in Wheaton, described a document she found in defendant’s general assistance file. This document was an application in defendant’s name for one of the holiday baskets local organizations and individuals donated to needy families through a township program. The application, which was dated November 6, 1995, gave an address on Crescent in Wheaton and provided defendant’s mother’s telephone number. It listed the names and ages of defendant’s three children, as well as a fourth child, Fedell, age one month.

In addition to this evidence in aggravation, the State presented victim impact statements read by Debra’s father and sister and Samantha’s father.

In mitigation, defendant presented the testimony of an inmate who met Ward in the Du Page County jail. The inmate testified that, in February 1997, he and some other inmates were engaged in horseplay. Ward told them to stop or he would “f— [them] up like [he] did that b-— in Addison.”

An Addison police detective testified for the defense that another inmate contacted police concerning a conversation he had had with Ward in jail. According to this inmate, Ward had said he went to Debra’s apartment with $2,000, some of which he planned to give to Debra in exchange for the unborn baby. He and Debra had an argument, however, and she would not take the money.

Debra’s sister Katy Evans testified that, in August 1995, Ward had indicated that he wanted the baby Debra was carrying, but Debra said that there was no way that he was going to get any of her children. Two days before the murder, Debra told Katy that Ward was harassing her and picking fights with her and that she was worried. Debra said that she was scared something was going to happen and asked Katy to take her children.

An Addison police officer testified that she showed Patrice Scott a photo array. Scott began to cry when she looked at one photo and stated that she was scared to identify the individual in the photo. Scott stated that this individual was Calvin “Bo” Wilson and that Wilson was the other man at the Schaumburg townhouse. He was surprised that Joshua was still alive and upset that defendant had brought Scott to the townhouse. He threatened to kill Scott and her daughters.

The defense also presented the testimony of several police officers who described incidents of domestic violence between defendant and her boyfriends. According to these police officers, in January 1990, defendant made a complaint that a boyfriend, with whom she had just ended a relationship, entered her apartment, punched her in the face, and choked her. The boyfriend’s niece had threatened defendant with a .25-caliber semiautomatic pistol.

In 1991 and 1993 police responded to four calls of domestic violence involving defendant and another boyfriend. In connection with these incidents, the boyfriend was charged with, inter alia, battery, aggravated assault, and domestic battery. These charges were based on conduct including choking defendant, threatening her with a loaded gun, hitting her in the head with a crescent wrench, and dragging her by her hair.

In 1994, defendant made two complaints of domestic violence against Caffey. She told police that Caffey had thrown bricks at the car in which she was riding, had pushed her, and had struck her in the face. Based on these allegations, Caffey was charged with criminal damage to property and domestic battery.

Tina Martin testified that she and defendant grew up in Wheaton. Tina had witnessed one of defendant’s boyfriends physically abusing her, and defendant’s children had told her that another boyfriend beat defendant frequently. Tina had observed defendant with bruises on her face. According to Tina Martin, defendant is too trusting of people and has poor judgment in her choice of friends.

Defendant’s mother, Martha Martin, testified that defendant dropped out of high school during her sophomore year when she became pregnant with her son. According to Martin, defendant did not have trouble in school and had a normal relationship with her and a good relationship with her father. Martin testified that defendant could be influenced by other people, but she was a good mother and loved children.

Dr. Frank Cushing, a psychologist who evaluated defendant in 1996, testified that defendant had a full scale IQ of 81, which is below average or borderline mentally retarded. Dr. Cushing diagnosed defendant with major depression and opined that she suffered from this condition prior to the murders. In addition, Dr. Cushing found that defendant had a generalized anxiety disorder and a borderline personality disorder with dependent features. Characteristics of a borderline personality disorder that defendant possessed included volatile interpersonal relationships, impulsivity, rapid mood swings, instances of poorly controlled anger, and fear of abandonment and rejection.

Dr. Cushing testified that, because of defendant’s dependent personality traits and her history of abuse, she was psychologically vulnerable to predatory males. Dr. Cushing speculated that threats from these men could cause defendant to act in ways she would not normally act. He opined that there was a strong possibility that defendant was coerced by Ward and Caffey into participating in the murders and aggravated kidnappings of members of the Evans family. Based on his evaluation, Dr. Cushing believed that defendant was more susceptible to coercion than the average person.

Dr. Cushing also diagnosed defendant as having a paranoid personality disorder with antisocial traits. Her inability to accept blame for her actions was characteristic of the paranoid personality disorder. Her repeated violation of the law, deceitfulness, and lack of remorse were antisocial traits. Dr. Cushing testified that these disorders may be treated through the administration of psychotropic medications. In addition, individuals with antisocial personality disorders adjust well to structured environments, such as prison.

Du Page County jail employees testified that, while defendant was in the jail, she was disciplined for offenses such as having extra linen, not wearing her uniform correctly, having an unauthorized pen, possessing a plastic shank, and throwing water on another inmate. The watch supervisor also testified that defendant had requested to be placed in administrative segregation in order to avoid confrontations with other inmates.

The defense also presented testimony that, in 1993, defendant completed a program to become a certified nursing assistant. While she was in jail on the murder charges, defendant obtained her general equivalency diploma (GED).

The jury found no mitigating factors sufficient to preclude the imposition of the death penalty, and the circuit court sentenced defendant to death based on her first degree murder convictions. The circuit court held an additional sentencing hearing on defendant’s two aggravated kidnapping convictions. The circuit court imposed a 15-year sentence for each conviction and ordered these sentences to run consecutively. Defendant’s death sentence was stayed, pending direct review by this court.

ANALYSIS

I. Voir Dire

We begin by addressing defendant’s challenge to the selection of the jury in her case. Prior to voir dire, defendant filed a motion in which she asked the circuit court to prohibit the State from exercising peremptory challenges against venirepersons who indicated reservations against the death penalty. The circuit court denied the motion. During voir dire, the defense objected, consistent with its motion, to the State’s exercise of peremptory challenges against four prospective jurors and two prospective alternate jurors. According to defendant, a new sentencing hearing is required because the State’s use of peremptory challenges to exclude these jurors was unconstitutional under Witherspoon v. Illinois, 391 U.S. 510, 20 L. Ed. 2d 776, 88 S. Ct. 1770 (1968).

A prospective juror may be excused for cause based on his or her views on the death penalty only if those views “prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and oath.” People v. Terrell, 185 Ill. 2d 467, 488 (1998), citing Wainwright v. Witt, 469 U.S. 412, 424, 83 L. Ed. 2d 841, 851-52, 105 S. Ct. 844, 852 (1985). In Witherspoon, the United States Supreme Court held that a prospective juror may not be removed for cause solely because he or she expresses a general objection to the death penalty. People v. Armstrong, 183 Ill. 2d 130, 143 (1998), citing Witherspoon, 391 U.S. at 522, 20 L. Ed. 2d at 784-85, 88 S. Ct. at 1777. The Court explained that, if the State were permitted to remove all such jurors, it would not only produce a jury capable of imposing the death penalty, it would create a jury “uncommonly willing to condemn a man to die.” Witherspoon, 391 U.S. at 521, 20 L. Ed. 2d at 784, 88 S. Ct. at 1776.

Defendant contends that the concerns that motivated the Witherspoon holding with respect to challenges for cause also apply to the State’s use of peremptory challenges. Thus, according to defendant, the State should be prevented from using peremptory challenges to accomplish what Witherspoon prevents it from doing with its challenges for cause.

As defendant acknowledges, however, this court has previously rejected the argument she makes. See People v. Coleman, 168 Ill. 2d 509, 549 (1995), citing People v. Williams, 161 Ill. 2d 1, 55-56 (1994); People v. Howard, 147 Ill. 2d 103, 136-38 (1991); People v. Stewart, 104 Ill. 2d 463, 481-82 (1984). Defendant offers us no persuasive reason to reconsider those holdings, and we decline to do so.

II. Trial

With respect to the guilt-innocence phase of proceedings in defendant’s case, defendant argues that her convictions for the murders of Debra and Samantha Evans must be reversed based on insufficient evidence. In addition, she contends that she is entitled to a new trial as a result of two erroneous evidentiary rulings by the circuit court. According to defendant, the circuit court erred when it permitted Scott and Pruitt to testify concerning statements Joshua made to them. In addition, defendant asserts that the circuit court improperly limited the jury’s consideration of testimony that Scott identified Bo Wilson in a photo array. Defendant does not challenge the circuit court’s denial of her motion to suppress her statements to police or the admission of these statements at trial.

A. Sufficiency of the Evidence

According to defendant, her convictions for the murders of Debra and Samantha Evans must be reversed because there was no evidence that defendant inflicted any injuries to Debra or Samantha. Defendant further contends that the State failed to prove that she was accountable for Debra’s and Samantha’s murders because there was no evidence that she knew that Ward, Caffey, or the unidentified third man went to the Evans apartment with the intent to commit a crime or that she joined this group with knowledge that criminal acts were going to occur. Defendant does not contend that there was insufficient evidence to support her conviction for Joshua’s murder or her convictions for the aggravated kidnappings of Joshua and Elijah.

When a defendant challenges the sufficiency of the evidence supporting her conviction, a reviewing court must determine whether, viewing the evidence in the light most favorable to the State, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. People v. Heard, 187 Ill. 2d 36, 85 (1999). It is the responsibility of the trier of fact to determine the credibility of witnesses, to weigh their testimony, to resolve conflicts in the evidence, and to draw reasonable inferences from the evidence. People v. Brooks, 187 Ill. 2d 91, 132 (1999). A reviewing court will not overturn a defendant’s conviction based on insufficient evidence unless the proof is so improbable or unsatisfactory that a reasonable doubt exists as to the defendant’s guilt. People v. Taylor, 186 Ill. 2d 439, 445 (1999).

Section 5 — 2(c) of the Criminal Code of 1961 provides that a person is legally accountable for the criminal conduct of another if “[ejither before or during the commission of an offense, and with the intent to promote or facilitate such commission, he solicits, aids, abets, agrees or attempts to aid, such other person in the planning or commission of the offense.” 720 ILCS 5/5 — 2(c) (West 1994). To prove that the defendant possessed the intent to promote or facilitate the crime, the State may present evidence which establishes beyond a reasonable doubt that (1) the defendant shared the criminal intent of the principal or (2) there was a common criminal design. In re W.C., 167 Ill. 2d 307, 337 (1995). A defendant’s intent may be inferred from the nature of her actions and the circumstances accompanying the criminal conduct. People v. Perez, 189 Ill. 2d 254, 266 (2000). Under the common-design rule, if “two or more persons engage in a common criminal design or agreement, any acts in the furtherance of that common design committed by one party are considered to be the acts of all parties to the design or agreement and all are equally responsible for the consequences of the further acts.” In re W.C., 167 Ill. 2d at 337. Words of agreement are not needed to establish a common design; rather, like intent, a common design may be inferred from the circumstances surrounding the commission of the crime. People v. Batchelor, 171 Ill. 2d 367, 376 (1996). Mere presence at a crime, even when combined with knowledge that a crime is being committed and flight from the scene, is insufficient to establish guilt by accountability. People v. Shaw, 186 Ill. 2d 301, 323 (1998). However, “[ejvidence that a defendant voluntarily attached himself to a group bent on illegal acts with knowledge of its design supports an inference that he shared the common purpose and will sustain his conviction for an offense committed by another.” In re W.C., 167 Ill. 2d at 338.

Viewing the evidence in the light most favorable to the prosecution, we hold that a rational trier of fact could have found beyond a reasonable doubt that defendant was accountable for Debra’s and Samantha’s murders. Evidence presented at trial indicated that defendant aided and abetted Ward and Caffey in the planning and commission of Debra’s and Samantha’s murders and that these murders were committed in furtherance of a common design to take Elijah from Debra by force.

With respect to defendant’s role in the planning and commission of the murders, there was testimony that, during the months that preceded the murders, defendant attempted to obtain a gun from Pruitt. One week before the murders, defendant visited the Evans apartment and asked Edwards when he left for work and how he traveled to work. Hours before the murders, defendant was seen having two conversations with Ward and Caffey. Defendant admitted in her written statement that she stood next to Caffey as he cut open Debra’s abdomen, and there was medical testimony that more than one person would have been required to make the incision to her uterus and remove the baby. Further, a bloody Ace bandage was discovered in a bedroom in the Evans apartment. Edwards had not seen this bandage before, and defendant had been seen wearing an Ace bandage on her arm a few days before the murders.

Evidence of defendant’s participation in a common design to take Elijah from Debra by force included testimony that Ward was Elijah’s father, that Ward and Debra had argued about the baby’s paternity, and that defendant knew that Ward and Caffey went to the Evans apartment to talk to Debra about the unborn baby and to “teach [her] a lesson.” There was also evidence that defendant and Caffey wanted Elijah and planned to pretend he was their son. In her written statement, defendant admitted that she and Caffey wanted a light-skinned baby boy but had been unable to have one. Defendant knew that Debra had planned to enter the hospital to give birth on Monday, November 20. During the months that preceded the murders, defendant had made false claims that she was pregnant and indicated that her due date was in October, a few weeks before Debra was due to give birth. A few days before the murders, defendant told her probation officer that she had given birth to a baby named Elijah, the name that Debra had chosen for the child she was carrying. After the murders, defendant told her mother, sister, and police that Elijah was her son. Evidence of defendant’s presence in the Evans apartment during the murders, her flight from the apartment with Ward and Caffey, her failure to report the murders to police, and her continued close affiliation with Caffey after the murders also supported a finding of common design. See Batchelor, 171 Ill. 2d at 376. Based on this evidence, we believe a rational jury could have found defendant accountable for Debra’s and Samantha’s murders, and we reject defendant’s challenge to the sufficiency of the evidence.

B. Admission of Joshua’s Statements

Next, defendant argues that the admission of evidence concerning Joshua’s statements deprived her of a fair trial. Prior to trial, the State filed a petition seeking the admission of Joshua’s statements under section 115 — 10 of the Code of Criminal Procedure of 1963 (725 ILCS 5/115 — 10 (West 1994)). The State also offered the statements under the excited utterance or spontaneous declaration exception to the hearsay rule. Defendant filed a motion in limine to exclude these statements.

The circuit court held a hearing on the State’s petition and defendant’s motion in limine. At the hearing, an Addison police department detective summarized the evidence discovered by police during their investigations of the murders and kidnappings of members of the Evans family. Scott and Pruitt also testified. Their testimony at the hearing was essentially the same as their trial testimony, although they did provide some additional detail concerning their communications with Joshua and his mental state. Scott testified that, when Joshua first awakened on November 17, he was very upset and said he was worried about his mother. Scott offered Joshua something to eat or drink, but he declined. According to Pruitt, Joshua was scared, crying, and talking in a frantic voice as he told Scott the events leading up to his arrival at her apartment. After Scott’s daughters left for school, Joshua acted hysterical and upset. He repeated his story about the burglars and said that he had to go back to the apartment to get his little brother.

The defense presented testimony by police officers and detectives who had spoken to Scott and Pruitt. The police testimony showed differences between what these individuals had told police and their testimony at the hearing.

At the conclusion of the hearing, the circuit court ruled that all of Joshua’s statements were admissible under section 115 — 10. In addition, the circuit court held that, except for his denial that he took medication, Joshua’s statements were also admissible under the common law spontaneous declaration exception to the hearsay rule.

Defendant argues that Joshua’s statements were inadmissible hearsay and should not have been admitted under either the statutory or the spontaneous declaration exception to the hearsay rule. We begin with an examination of the circuit court’s decision to admit the statements under section 115 — 10 of the Code of Criminal Procedure. Section 115 — 10 provides in relevant part:

“(a) In a prosecution for a physical or sexual act perpetrated upon or against a child under the age of 13 *** at the time the act was committed ***, the following evidence shall be admitted as an exception to the hearsay rule:

***

(2) testimony of an out of court statement made by such child *** describing any complaint of such act or matter or detail pertaining to any act which is an element of an offense which is the subject of a prosecution for a sexual or physical act perpetrated upon or against a child ***.

(b) Such testimony shall only be admitted if:

(1) The court finds in a hearing conducted outside the presence of the jury that the time, content, and circumstances of the statement provide sufficient safeguards of reliability; and

(2) The child ***:

tit*:}:

(B) is unavailable as a witness and there is corroborative evidence of the act which is the subject of the statement.” 725 ILCS 5/115 — 10 (West 1994).

Under this statute, the State has the burden of proving that the time, content, and circumstances of the statement provide sufficient safeguards of reliability. People v. Zwart, 151 Ill. 2d 37, 43 (1992).

With respect to the applicable standard of review, this court has held that the circuit court’s decision to admit evidence under section 115 — 10 will not be reversed unless the record clearly demonstrates that the circuit court abused its discretion. See People v. Bowen, 183 Ill. 2d 103 (1998); Zwart, 151 Ill. 2d at 44. Defendant contends, however, that a de novo standard of review should apply to the circuit court’s evidentiary rulings under section 115 — 10. According to defendant, in People v. Coleman, 183 Ill. 2d 366 (1998), this court “seemingly” overruled the standard of review set forth in Bowen and Zwart. Defendant relies on a statement in Coleman that “courts of review have traditionally reserved the abuse of discretion standard for those decisions of the lower court which deserve great deference on review, i.e., decisions made by the trial judge in overseeing his or her courtroom or in maintaining the progress of a trial” (Coleman, 183 Ill. 2d at 387). Defendant asserts that determining the admissibility of a statement under section 115 — 10 does not involve the progress of the trial or the administration of the courtroom. Instead, she argues, it is a legal decision and, therefore, should be reviewed de novo. We disagree.

Contrary to defendant’s assertion, our decision in Coleman did not affect holdings in Bowen and Zwart that the abuse of discretion standard of review applies to admissibility determinations under section 115 — 10. In Coleman, unlike Bowen and Zwart, the admissibility of hearsay statements under section 115 — 10 was not at issue. In Coleman, we held that a de novo, rather than an abuse of discretion or manifestly erroneous, standard of review applies to a circuit court’s decision to dismiss a defendant’s claims under the Post-Conviction Hearing Act (725 ILCS 5/122 — 1 et seq. (West 1994)) without an evidentiary hearing. Also, the language in Coleman on which defendant relies does not suggest that the application of an abuse of discretion standard is inappropriate for decisions concerning the admissibility of evidence. In Coleman, we explained that an abuse of discretion standard should not apply at the dismissal stage of post-conviction proceedings because there are no factual inquiries at that stage. Admissibility determinations under section 115 — 10 involve factual inquiries, as illustrated by the statutory requirement that a hearing be conducted. See 725 ILCS 5/115 — 10(d)(1) (West 1994). Thus, Coleman is inapplicable. Moreover, in decisions since Coleman, this court has reiterated that an abuse of discretion standard of review applies to evidentiary decisions by the circuit court. See, e.g., People v. Buss, 187 Ill. 2d 144, 219 (1999); Heard, 187 Ill. 2d at 58; People v. Bull, 185 Ill. 2d 179 (1998). Accordingly, we will not reverse the circuit court’s decision to admit Joshua’s statements under section 115 — 10 absent an abuse of discretion.

As to the merits of this evidentiary issue, defendant contends that the circuit court erred in admitting Joshua’s statements under section 115 — 10 because (1) the statements did not relate to an offense against Joshua, (2) the circuit court improperly relied on a finding that Joshua had been concealed from his “stepfather,” and (3) the statements could not satisfy the constitutional or statutory requirements for reliability because the witnesses who described them, Scott and Pruitt, were not credible.

Defendant asserts that testimony concerning Joshua’s statements should not have been admitted under section 115 — 10 because the statements failed to satisfy the statutory requirement that they “pertain[ ] to any act which is an element of an offense which is the subject of a prosecution for a sexual or physical act perpetrated upon or against a child.” 725 ILCS 5/115— 10(a)(2) (West 1994). According to defendant, testimony concerning Joshua’s description of the events in the Evans apartment should not have been admitted because it concerned offenses committed against individuals other than Joshua. In addition, defendant argues that Joshua’s statements that he did not take medicine and was not a liar did not pertain to the charge that defendant committed an aggravated kidnapping of Joshua.

We hold that the circuit court properly found that, in the statements at issue, Joshua related an “act or matter or detail pertaining to any act which is an element of an offense which is the subject of a prosecution for a sexual or physical act against” him. With respect to the events in the Evans apartment, Joshua stated that burglars entered his apartment and cut his mother and sister, that his mother and sister were dead, that his brother was left in the apartment, that the burglars were Annette, Fedell, and Vern, and that he hid and ran out after defendant. In addition, when defendant accused him of lying, Joshua stated, “No, no, that’s what happened.”

These statements pertained to acts that were elements of the aggravated kidnapping charge against defendant. Aggravated kidnapping may be proved with evidence of secret confinement of a child under the age of 13 without the consent of his parent or guardian. See 720 ILCS 5/10 — 1(a)(1), 10 — 2(a)(2) (West 1994). Joshua’s statements explained how and why Joshua came to be confined by defendant and established that the confinement was without the consent of his mother.

Similarly, Joshua’s statement, “What medicine, I don’t take any medication,” related to the acts that formed the basis of defendant’s charge for Joshua’s murder. This statement was relevant to determining the nature of the substance defendant had given him, as well as her role in the acts that caused his death.

In support of her argument that Joshua’s statements describing the events in the Evans apartment were inadmissible because they pertained to offenses against individuals other than Joshua, defendant cites People v. Peck, 285 Ill. App. 3d 14 (1996). In that case, the court held that statements by one sexual abuse victim about the defendant’s sexual abuse of another victim were not admissible under section 115 — 10 because the State failed to show that the statements involved “ ‘components of the contemporaneous and ongoing series of events constituting a matter or detail pertaining to the offense perpetrated against [the declarant] herself.’ ” (Emphasis in original.) Peck, 285 Ill. App. 3d at 17, quoting People v. Embry, 249 Ill. App. 3d 750, 763 (1993). For example, the Peck court held that one of the victims’ statement that, as she watched from a tree, she had seen the defendant sexually abuse the other victim was inadmissible because it clearly did not involve a matter or detail pertaining to an act committed contemporaneously against the declarant. Peck, 285 Ill. App. 3d at 17-18.

In the case before us, by contrast, the acts against Joshua’s mother and sister did pertain to offenses against Joshua. Joshua’s description of his mother’s murder showed he was taken without her consent, and his witness