People v. Kirchner (194 Ill. 2d 502, 2000)

JUSTICE McMORROW

delivered the opinion of the court:

During the early morning hours of August 8, 1997, Charles Brewer, his wife, Doris Jean Brewer, and their daughter Bonnie Brewer were fatally stabbed at their home in rural Douglas County. A jury found defendant, William Bradley Kirchner, guilty of the first degree murders of the three Brewers. The same jury determined that defendant was eligible for the death penalty. After hearing evidence in aggravation and mitigation, the jury found that there were no mitigating factors sufficient to preclude the imposition of the death penalty. The circuit court of Macon County sentenced defendant to death. Defendant’s death sentence has been stayed pending direct review by this court. Ill. Const. 1970, art. VI, § 4(b); 134 Ill. 2d Rs. 603, 609(a). For the reasons that follow, we affirm defendant’s convictions and sentence.

BACKGROUND

In August 1997, Charles and Doris Jean Brewer lived in a house outside the small towns of Garrett and Atwood, approximately 28 miles east of Decatur. On August 8, 1997, a postal worker found Charles Brewer’s body outside of the Brewers’ house.

When the police responded to the postal worker’s 911 call, they observed a trail of blood leading from the front yard of the house, across the driveway, and around the side of the house, where Charles Brewer lay. Mr. Brewer had a fatal stab wound to the front of his neck. Police also found a cigarette butt with defendant’s DNA on it in the front yard.

There were no signs of forced entry to the Brewer house. Inside the front door, in the living room of the house, was Mrs. Brewer’s body. Mrs. Brewer had 16 stab wounds to her face, head, and neck. Under one of these wounds, her skull had been fractured. Like her husband, Mrs. Brewer was in her sixties and had mobility problems.

Bonnie Brewer’s body was found in the bathroom of the Brewers’ house. Bonnie, who was in her late thirties, had been staying with her parents while recuperating from jaw surgery. She had been stabbed or cut 20 times and had wounds to her face, neck, head, legs, arms, and hands. The tip of a knife was found embedded in her skull. There were black scuff marks on the floor of the bathroom.

Mr. Brewer’s wallet was found in the bathroom, and Mrs. Brewer’s and Bonnie’s purses were in the kitchen. Mr. Brewer had cashed a check for $100 on August 7, but there was no money in the wallet, purses, or anywhere else in the house. Also missing from the house was a beige table top telephone the Brewers kept in the living room. Police learned that three calls had been made from the Brewer house shortly after 3 a.m. on August 8.

There were only a few fingerprints on surfaces in the Brewer house. The State’s fingerprint expert testified that none of these fingerprints matched fingerprint samples from the three Brewers, defendant, or his friends Dyno Warner, Randy Merriman, and Chris Brown.

Several witnesses testified that, at the time of the Brewer murders, defendant was looking for money to pay a drug dealer to whom defendant owed money. Defendant had purchased crack cocaine three times from this dealer in Decatur on August 7, 1997. The first two times, defendant paid for the drugs. The third time, however, defendant bought about three grams of crack cocaine and did not pay the dealer. Around 10 p.m., the drug dealer followed defendant and his friend Randy Merriman to a house in Atwood, where defendant had indicated that he could obtain the money he owed. Defendant was driving his girlfriend Vicki Cox’s blue 1990 Oldsmobile. The dealer waited outside the house with Merriman for some time, but did not see defendant exit the house and eventually returned to Decatur. Before the dealer left, he told Merriman to tell defendant to “have [his] money or [he would] kick his tail.”

Defendant left the house in Atwood without being seen by the drug dealer or Merriman and drove with Jeff Peeler and Chris Brown to their friend Dyno Warner’s house in Garrett. Warner testified that they all smoked crack cocaine at his house and that defendant used a knife Warner owned to cut the cocaine. Warner further testified that defendant said he owed some money to someone waiting in Atwood and asked Warner if he knew of anyone who would buy some drugs. Warner replied that he knew a girl who might want to buy drugs. Warner testified that defendant paced back and forth, mentioned his need for money several times, and said he would do whatever was necessary to get money. Warner further testified that defendant asked him if he had any handguns “for money,” but Warner refused to give him a handgun.

According to Warner’s testimony, defendant then left his house with Peeler and Brown. Defendant returned to Warner’s house with Merriman around midnight. Defendant again “said that he needed money and he would do anything it took to get it,” and asked Warner if he knew anyone who would buy drugs. Warner said that he knew someone who might be interested in buying drugs. Defendant, Warner, and Merriman drove to the gas station where this person worked, but they did not obtain any money from her.

Warner stated that, after they returned to his house, defendant paced for a while and then exited the house, saying he would be back. Warner and Merriman watched television. Twenty minutes after defendant left, Warner noticed that his knife, the one defendant had used to cut cocaine, was missing from the place where Warner had hidden it under a pillow on the living room couch. Warner hid the knife from defendant after he observed defendant put the knife in his pants.

Warner further testified that, after an hour, defendant returned to Warner’s house and asked Warner to go to the back door. Warner estimated that defendant returned at about 1:30 a.m. or 2 a.m., but he was not sure of the time. Outside, the lighting was poor, but Warner saw spots on defendant’s shirt. Defendant asked Warner for a garden hose and towel and used water from the hose to rinse his head and face. He vomited, swore, and yelled, “What have I done.” Defendant was frantic and asked Warner for a pair of shorts. Warner gave defendant a pair of his shorts and asked defendant if he wanted any shoes, but defendant declined the offer. Defendant removed the blue jeans, T-shirt, and black boots he was wearing and threw them into a fire that was burning in a pit in Warner’s backyard. Before burning his jeans, defendant transferred a roll of money from the jeans to the shorts.

Warner then asked defendant for his knife, and defendant gave it to him. According to Warner, there were maroon spots on the sheath, there was blood all over the knife, and there was a white hair on the knife. In addition, the tip was missing from the knife. The tip was not missing when defendant had used the knife to cut cocaine on August 7. Defendant told Warner that he had stabbed a dog. After defendant changed clothes, he and Merri-man drove to Decatur.

Warner admitted that, during the evening of August 8, he threw the knife into the Kaskaskia River because he knew it had been used in a crime and did not want “anything to come back” to him. Warner stated at trial that he had been charged with obstruction of justice but that he had been given no promises with respect to this charge in exchange for his testimony.

Merriman’s description of defendant’s activities was consistent with Warner’s. Merriman testified that defendant left Warner’s at about 3 a.m. on August 8. After about an hour, Merriman heard a car, and Warner went outside. Twenty to 30 minutes later, Merriman followed Warner outside. He saw Cox’s car parked in front of Warner’s house. In the back of the house, defendant was rinsing his head with a garden hose. Defendant told Mer-riman to stay by the car because he had been sick. Later, Merriman saw defendant and Warner talking next to a fire in the backyard. Defendant was wearing shorts and a T-shirt instead of the jeans, T-shirt, and work boots he had worn before leaving Warner’s house.

Merriman further testified that, after defendant changed his clothes, he and defendant drove to Decatur in Cox’s car. Merriman fell asleep in the car but awakened to see defendant throwing a beige table top telephone into Lake Decatur. When Merriman and defendant arrived in Decatur, defendant bought alcohol and cocaine, which he and defendant smoked.

Merriman also described events that occurred near the time of defendant’s arrest on August 15. Merriman testified that on August 14, he and defendant learned that Warner had been arrested. According to Merriman, defendant stated that he would have to “do” Warner because defendant did not know if Warner would “talk.” Merriman admitted that he did not tell police of defendant’s statement that he would have to “do” Warner until the week before trial.

William Hayes testified that, around 6 a.m. on August 8, he saw defendant and Merriman at a friend’s house in Decatur. Defendant asked Hayes where to buy some crack cocaine, and Hayes observed defendant buy drugs and alcohol. Defendant smoked crack cocaine at Hayes’ apartment and stole Hayes’ sandals.

Cox testified that she lived with defendant in August 1997. During the evening of August 7, defendant took her car. According to Cox, defendant did not return home the night of August 7 or the next morning. Merriman returned her car at about 7 a.m. in the morning of August 8, but Cox did not see defendant until the afternoon of August 8. Defendant told her that he had stayed at the house of some friends. When Cox saw defendant on August 7, defendant was wearing steel-toed black boots and jeans. On August 8, he was wearing a pair of denim shorts and sandals.

Cox testified that, on August 14, defendant gave her a notebook containing the following note:

“Vicki, baby, listen. You know I love you with all my heart. Some shit has happened concerning what I told you about. If a cop comes past, we have been fighting, and I left for a few days. I will have someone call tomorrow and tell you where to come. Take Saturday off work. We are camping. This will all be over in a few days. Please do as the letter says, okay, baby? I’ll explain. Don’t tell lawyer dick nothing. Bring the dog. Bring clothes, coats, my [C]at boots, and all the money. Bring hamburger and pork and beans. I love you. Brad. Bring this notepad with this letter.”

Cox gave the notebook to police, who found defendant’s prints on it.

Jeff Peeler testified that he smoked crack cocaine with defendant at Warner’s house on August 7. According to Peeler, when Warner said that he knew someone who might be interested in buying drugs, defendant said, “Well if she don’t want to buy none, we’ll just rob her and kill her.” Peeler also testified that, on August 9, defendant asked Peeler for money because, he said, he owed money for drugs. Defendant also asked Peeler if he had any knives for defendant to “go rob somebody.” Peeler said that he had no knives.

With respect to the circumstances of defendant’s arrest, Peeler testified that, during the evening of August 14, he and his wife drove defendant and Merriman from Atwood to Decatur to buy drugs. At defendant’s request, defendant and Merriman rode in the trunk of the Peelers’ car until they had traveled outside of Atwood. On their return from Decatur, the Peelers stopped outside of Atwood to comply with defendant’s request that defendant and Merriman reenter the trunk for the trip through Atwood.

The next morning, defendant and Merriman accompanied the Peelers and their children to Tuscola. The Peelers notified police that defendant was in their car, and police stopped the car. Defendant was hiding in the back seat of the car with a knife, but police arrested defendant apparently without incident.

Police interviewed defendant after his arrest. In a tape-recorded statement, defendant admitted that he had been in Atwood between 4:30 and 8 p.m. on August 7 but denied that he was in Garrett on August 7 or 8. Defendant stated that he had put Cox’s daughter to bed around 8:30 or 9 p.m. on August 7 and that he had spent the entire night with Cox.

On August 14, 1997, Warner showed police where he had dropped his knife into the Kaskaskia River. Police recovered the knife a few feet from this location on August 15. According to the State’s experts at trial, the metal fragment embedded in Bonnie Brewer’s skull matched the knife from the river, and there was human blood on the knife. In addition, the physician who performed the autopsies of the Brewers testified that all of their wounds could have been made with this knife.

On August 20, 1997, Merriman showed police where defendant had thrown the telephone into Lake Decatur. Police recovered the telephone near that location the next day. One of the Brewers’ daughters testified that this telephone looked like the one her parents kept in their living room.

Police searched the house defendant shared with Cox. In the basement was the pair of Warner’s shorts that defendant had borrowed, as well as the sandals he had stolen from Hayes. When police searched Warner’s house, they found a garden hose and a fire pit in the backyard. In the remains of the fire pit, there was a towel and two steel toe pieces. The State presented evidence that the size of the steel toe pieces was consistent with defendant’s shoe size. In addition, defendant’s supervisor at the Macon County Landfill, where defendant worked from December 1996 to May 1997, testified that defendant wore black “engineer” boots with a black sole.

Police also searched Warner’s car and Cox’s car. They found no evidence in Warner’s car. In Cox’s car, however, they found spots of blood on the dashboard. DNA analysis revealed that some of the blood on the dashboard belonged to defendant. Other blood on the dashboard was a mixture that included Bonnie Brewer’s blood. In addition, in the glove compartment, there was the front page of the Decatur Herald & Review from August 9, 1997. The front page contained a story about the Brewer murders, and a star was written under the headline. Defendant’s fingerprint was found on this newspaper.

The defense presented only two witnesses at trial. A police officer testified that Warner had said that he, not defendant, had thrown the clothes into the fire pit. A forensic scientist from an Illinois State Police laboratory testified that, among the hairs found on Bonnie Brewer’s shirt, there was one hair that did not match the hair samples from defendant, Warner, Bonnie Brewer, Charles Brewer, or Doris Jean Brewer. Also, among the hairs found on the towel from the fire pit, there was one hair that did not match the hair samples from defendant, Warner, Bonnie Brewer, Charles Brewer, or Doris Jean Brewer. The forensic scientist testified that he was not given a hair sample from Merriman.

Following the presentation of this evidence, the jury found defendant guilty of the first degree murders of Charles Brewer, Doris Jean Brewer, and Bonnie Brewer. After a hearing, the same jury found defendant eligible for the death penalty under sections 9 — 1(b)(3), (b)(6), and (b)(11) of the Criminal Code of 1961 (720 ILCS 5/9— 1(b)(3), (b)(6), (b)(11) (West 1996)).

At the aggravation-mitigation stage of sentencing, the State presented victim impact statements from the Brewers’ relatives and certified copies of defendant’s previous convictions. In 1989, he was convicted of the unlawful use of weapons. In 1992, he was convicted of disorderly conduct, burglary, intimidation, and battery. In 1993, he was convicted of residential burglary and theft.

A deputy sheriff testified that defendant’s disorderly conduct convictions stemmed from bomb threats he had made to a local elementary school and a local high school. Defendant’s burglary convictions resulted from his burglary of the same local high school and a service station. The deputy sheriff further testified that defendant was convicted of intimidation and battery based on his former girlfriend’s complaint that he had beaten her, held her against her will, and said that if she pressed charges against him, he would not kill her but would hit her and watch her bleed.

According to the deputy sheriff, defendant’s residential burglary and theft convictions were based on his entry into the Lust family residence, which was in Piatt County, eight miles from the Brewer house. Like the Brewer house, it was outside of town and surrounded by farm fields. In addition, a cigarette butt was found outside the house, there were no signs of forced entry, and no fingerprints were found inside the house. When police interviewed defendant in the course of investigating this crime, defendant admitted that he had parked his car in the driveway of the house, his codefendant knocked on the front door, and, when there was no answer, defendant entered through an unlocked door. Defendant explained that no fingerprints were found in the Lust residence because he and his codefendant had worn gloves. Defendant took money and three handguns from the residence. His codefendant kept one of the guns, and defendant said that he threw two of the guns into the Kaskaskia River. Police recovered no guns from the river but, in 1996, one of the guns defendant said he had thrown in the Kaskaskia River was recovered by police in Chicago.

The State also presented evidence concerning defendant’s behavior in jail while awaiting trial in this case. According to this evidence, in February 1998, defendant threatened to “blacken” the eyes of a jail inspector.

In mitigation, one of defendant’s cousins testified that defendant was small and shy in school, and other children would tease him. He was tested for a learning disability. He was involved in BMX bicycle racing, had played Little League baseball until he was knocked unconscious by a baseball, and had played football in high school. The death of defendant’s infant brother when defendant was eight or nine years old was very hard on defendant. Defendant was very close to his cousin’s 12-year-old daughter and supported his cousin during her divorce. He was very artistic and drew pictures for the children of friends and relatives. In addition, defendant had a Christian background and changed his nickname from Patches to Pages after “receiv[ing] God.” Another of defendant’s cousins also testified that her daughter was close to defendant and that defendant had learning difficulties. A relative of Vicki Cox testified that defendant was good with Cox’s daughter and that the child called defendant “Dad.”

One of defendant’s high school teachers testified that defendant was below-average academically, but he had made a unique cake decorated like a Jeep in the home economics class she taught. Defendant’s probation officer testified that he had had no problems with defendant, and defendant had successfully completed probation for his unlawful use of weapons conviction. The probation officer also testified that defendant’s father and grandfather were members of the Veterans of Foreign Wars, and defendant had helped with fundraisers for this organization. Defendant’s supervisor at the Macon County Landfill testified that defendant was a good worker, whom the supervisor recommended be hired full-time. Defendant did not return to work, however, after May 1997. His girlfriend said that defendant had hurt his hand, and the supervisor had heard that defendant had been in a knife fight.

In addition, several individuals who had contact with defendant in prison during the early nineties testified on his behalf. A correctional officer testified that he supervised defendant on a work crew. According to this officer, defendant was a good worker, related well to the other inmates and did not cause problems. The officer had given defendant a good recommendation so that defendant could transfer to a different Illinois Department of Corrections facility. A counselor testified that defendant performed charity work while in prison in conjunction with a veterans group. The counselor described him as “one of the very easy people to deal with,” who related well to the other inmates.

Other individuals testified concerning defendant’s behavior in prison while awaiting trial for the Brewer murders. The pastor of a church defendant had attended with his parents testified that he visited defendant in prison six times after 1997, and defendant was receptive to his visits. According to this pastor, defendant continued to be distraught over the death of his little brother. A prison chaplain testified that defendant participated in Bible study through correspondence. Correctional officers testified that they had no problems with defendant and that defendant had given other inmates soap, shampoo, and cigarettes.

Dr. Jonathan Hess, a neuropsychologist, testified that defendant had suffered one or more traumatic brain injuries. Dr. Hess’ evaluation of defendant indicated that defendant had damage to the frontal lobes of his brain and that this damage was more to the left than the right side of the brain. For example, defendant had a very modest verbal IQ, was poor in solving sequential thinking problems, and had attention and retention problems. According to Dr. Hess, the damage to defendant’s brain could have been caused by being hit in the head with a ball, by falling off of a bike, or by playing football.

Dr. Hess explained that among the effects of defendant’s brain damage were an inability to control anger, irritability, a volatile disposition, a quick temper, a susceptibility to rage upon provocation, a failure to estimate the consequences of actions, and impulsivity. Dr. Hess further testified that these problems could be treated with medication.

After hearing this evidence, the jury found no mitigating factors sufficient to preclude the imposition of the death penalty. The circuit court sentenced defendant to death.

ANALYSIS

I. Voir Dire

A. Juror Rentfro

Defendant first argues that resentencing is required because the circuit court erred in excluding prospective juror James Rentfro for cause. During voir dire, Rentfro responded to the circuit court’s questions as follows:

“THE COURT: Do you have any religious or moral beliefs that would prevent you from serving in this type of criminal case?

JUROR RENTFRO: I don’t believe in the death penalty, let’s put it that way.

THE COURT: In other words, are you basically saying under no circumstances could you impose the death penalty?

JUROR RENTFRO: No.

THE COURT: Then I will excuse you for cause. You may step down.”

Subsequently, defense counsel requested a side bar, after which defense counsel was permitted to question the prospective juror. The following colloquy occurred:

“[Defense counsel]: Mr. Rentfro, I am just going to ask you some questions in regard to the last answer you gave.

JUROR RENTFRO: Okay.

[Defense counsel]: Do you understand that we are a society of laws?

JUROR RENTFRO: Yes, sir.

[Defense counsel]: And do you also understand the duty of citizens to follow the law even if they don’t agree with it?

JUROR RENTFRO: Correct.

[Defense counsel]: If you are selected as a juror in this case, Mr. Rentfro, the Judge will instruct you and your fellow jurors as to the law in this case and that you must set aside your personal opinions and follow the law. You would be able to listen to the Judge and follow the law as he told you that the law applies to the case?

[State]: I object to leading.

THE COURT: Sustained as to the form of the question.

[Defense counsel]: Would you be able to follow the law as the Judge instructs you and your fellow jurors?

JUROR RENTFRO: Yes.

[Defense counsel]: So then, in spite of your personal feelings regarding the death penalty, would you be able to fill your duty as a citizen to fairly, without prejudice, weigh the evidence in this case and follow the law in the trial, and if there is a sentencing, in the sentencing also?

JUROR RENTFRO: Yes. To follow the instructions, yes.

[Defense counsel]: Thank you, Your Honor.

THE COURT: That gets me back to the original question. Does your original answer still stand?

JUROR RENTFRO: Yes, sir.

THE COURT: Then I will excuse you for cause.”

Defendant argues that the circuit court should not have excused Rentfro for cause because, viewed in their entirety, his responses indicated only a “general disbelief in the death penalty rather than an unambiguous statement that he would automatically vote against the death penalty.” According to defendant, it was a violation of Witherspoon v. Illinois, 391 U.S. 510, 20 L. Ed. 2d 776, 88 S. Ct. 1770 (1968), to excuse Rentfro for cause because he did not unambiguously state that he would automatically vote against the death penalty. Defendant asserts that this error requires a new sentencing hearing.

Under Witherspoon v. Illinois, 391 U.S. 510, 20 L. Ed. 2d 776, 88 S. Ct. 1770 (1968), and its progeny, prospective jurors who express only general objections to the death penalty may not be excluded for cause. People v. Gilliam, 172 Ill. 2d 484, 509-10 (1996). Removal for cause is proper only if “ ‘the juror’s views would “prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath.” ’ ” People v. Shaw, 186 Ill. 2d 301, 316 (1998), quoting Wainwright v. Witt, 469 U.S. 412, 424, 83 L. Ed. 2d 841, 851-52, 105 S. Ct. 844, 852 (1985), quoting Adams v. Texas, 448 U.S. 38, 45, 65 L. Ed. 2d 581, 589, 100 S. Ct. 2521, 2526 (1980). Jurors who would not vote for the death penalty in any case are not impartial jurors and may be removed for cause. People v. Jackson, 182 Ill. 2d 30, 58 (1998), citing Morgan v. Illinois, 504 U.S. 719, 726-34, 119 L. Ed. 2d 492, 500-06, 112 S. Ct. 2222, 2228-32 (1992).

In determining whether a prospective juror should be excused for cause, the circuit court “need not follow a set formula in posing questions on voir dire.” People v. Cole, 172 Ill. 2d 85, 99 (1996). A potential juror’s remarks must be considered as a whole (People v. Taylor, 166 Ill. 2d 414, 423-24 (1995)), and the circuit court may properly remove a prospective juror for cause even if the individual does not express his or her views with “meticulous preciseness” (People v. Rissley, 165 Ill. 2d 364, 402 (1995)). However, it must be clear that a prospective juror is willing to “set aside his or her own beliefs in favor of the rule of law.” Taylor, 166 Ill. 2d at 424; see also People v. Williams, 161 Ill. 2d 1, 54 (1994); People v. Pitsonbarger, 142 Ill. 2d 353, 386 (1990), citing Lockhart v. McCree, 476 U.S. 162, 176, 90 L. Ed. 2d 137. 149-50. 106 S. Ct. 1758,1766 (1986). Whether to excuse a juror for cause is within the sound discretion of the circuit court, which is in a “ ‘superior position to determine not only from a venireperson’s responses as a whole but also from a venireperson’s demeanor whether that person’s views toward capital punishment would substantially prevent or impair the venireperson’s performance of his or her duties as a juror in accord with the oath a juror is required to take.’ ” Shaw, 186 Ill. 2d at 318, quoting Taylor, 166 Ill. 2d at 424.

After reviewing Rentfro’s responses, we hold that the circuit court did not err in excluding Rentfro for cause because of his opposition to the death penalty. Rentfro initially stated that he did not believe in the death penalty. Subsequently, he answered “no” to the circuit court’s question, “In other words, are you basically saying under no circumstances could you impose the death penalty?” Because of the manner in which the circuit court phrased this question, we cannot determine from the cold record whether, by answering “no,” Rentfro meant, “I am not saying that under no circumstances I could impose the death penalty,” or whether he meant, “Under no circumstances could I impose the death penalty.” Immediately after Rentfro answered this question in the negative, however, the circuit court stated that Rentfro would be excused for cause. It is clear, therefore, that the circuit court interpreted Rentfro’s answer to mean that he would not impose the death penalty under any circumstances. The circuit court was in a superior position to ascertain the meaning of Rent-fro’s responses, and deference to the circuit court’s judgment is appropriate in these circumstances. See, e.g., Williams, 161 Ill. 2d at 52-56.

Contrary to defendant’s argument, Rentfro’s responses to defense counsel’s subsequent questions do not indicate that he could set aside his personal views against the death penalty and vote in favor of the death penalty if the law required it. Defense counsel asked Rentfro, generally, whether he could follow the law and whether he could set aside his personal beliefs regarding the death penalty and follow the law. Rentfro responded that he could. We agree with the State, however, that it is significant that defense counsel did not explain to Rentfro that the law may require the imposition of the death penalty under certain circumstances. In light of this omission, Rentfro’s responses to defense counsel’s inquiry do not demonstrate that he could vote in favor of the death penalty in spite of his personal opposition to it. Indeed, following defense counsel’s inquiry, Rentfro reiterated that he could not impose the death penalty in any circumstances by reaffirming his negative answer to the circuit court’s earlier question. We decline to overturn the circuit court’s determination that prospective juror Rentfro’s views on the death penalty would substantially interfere with his ability to serve as an impartial juror.

B. Newspaper Article in Jury Assembly Room

Defendant argues that he was denied due process of law and his right to trial by an impartial jury when jurors were exposed to a prejudicial newspaper article on May 18, 1998, the first day of jury selection. Prior to voir dire, defendant requested that prospective jurors be questioned individually outside the presence of other venire-persons. The circuit court denied this request and decided instead that, in the interest of time, jurors would be questioned in panels of four. During the examination of the second panel of four jurors, a prospective juror revealed that he had read about defendant’s case in a newspaper that was in the jury assembly room, where prospective jurors waited to be called for voir dire.

The circuit court had the newspaper removed from the jury assembly room, and defendant moved for a mistrial. Defense counsel stated that he had seen two or three copies of the May 18, 1998, issue of the Decatur Herald & Review in the jury assembly room. According to defense counsel, the jury pool was tainted by its exposure to an article on the front page of this issue.

That article had the headline, “Jury selection begins in triple slaying,” and a picture of defendant in handcuffs and an orange jumpsuit. The article described, inter alia, the “general feeling of unease” and fears of Douglas County residents as a result of the murders, the victims’ employment histories and their good characters, the victims’ survivors, the impact of the murders on Bonnie Brewer’s coworkers, defendant’s criminal record, and the State’s assertion at a bond hearing that defendant had a “ ‘great motivation’ ” to flee. The article also contained information Warner had given police, such as the fact that defendant had come to Warner’s house with blood on his clothing and a bloody knife with a broken tip. The circuit court denied the motion for a mistrial but stated that it would ask, and permit counsel for both sides to ask, prospective jurors whether they had read or heard anything about the case that would prevent them from. being impartial. After defendant’s motion for mistrial was denied, defense counsel made a continuing objection based on the newspaper article.

Before and after the defense motion for a mistrial, the circuit court’s questioning of jurors about pretrial publicity was essentially the same. The circuit court asked prospective jurors whether “Without saying what [they] might have read or might have heard, [had they] read or heard anything about this case before today.” If jurors responded affirmatively to this question, the circuit court asked them whether they could be impartial, despite what they had read or heard about the case. The circuit court asked some jurors when they had read or heard about the case but did not ask the jurors specifically what they had learned about the case from pretrial publicity.

Defense counsel and the State also questioned prospective jurors about their exposure to publicity about the case. Like the circuit court, neither defense counsel nor the State asked prospective jurors to give details of what they had read or heard about the case. Instead, both before and after defendant’s motion for mistrial, the inquiry focused on the timing of the exposure and the jurors’ ability to base their decision only on evidence presented at trial.

The circuit court removed jurors who stated that they thought they could not be impartial based on their outside knowledge of the case. It did not remove jurors who stated that they had read or heard about the case but that they could nevertheless be impartial. Defense counsel used only 5 of defendant’s 14 initial peremptory challenges and none of his three additional peremptory challenges available for alternate jurors.

Two of the 12 jurors ultimately selected to serve on defendant’s jury stated that they had not read or heard anything about the case. Only one of the jurors selected indicated that she had seen the Herald & Review in the jury assembly room. Juror Nunn stated that she saw the headlines about defendant’s case in a newspaper that someone had in the jury assembly room and had read the first paragraph of an article. She asserted, however, that what she had read would not affect her ability to be impartial. In addition, she said that she understood that information in the media was not evidence and that the only evidence she could consider was that presented in the courtroom. She also stated that she could keep the newspaper reports out of her mind while deliberating.

Three other jurors, juror Althoff, juror Snapp, and juror Mowery, said that they had seen an article about defendant’s case in the newspaper on May 18, but did not indicate which newspaper or where they had seen the newspaper. Juror Althoff testified that he had merely glanced at the article and did not form any opinions about the case. Juror Snapp testified that she had skimmed the article but did not remember much of it. All three of these jurors stated that what they had read would not affect their ability to be impartial and that they would consider only evidence presented in court. Juror Snapp further testified that she could keep information from the newspaper out of her mind during deliberations.

Juror Smith testified that he had not read anything about the case, but his mother had asked him if he had read the May 18 newspaper and had told him that the jury was being selected in defendant’s case. According to Smith, he did not know what his mother was talking about because he does not read the paper. He asserted that the information he had learned from his mother would not prejudice him in defendant’s case, he understood that facts in newspaper reports are not evidence, and he could keep these facts out of his mind in deciding the case.

Three other jurors, juror Blankenship, juror Jones, and juror Bailey, read about defendant’s case at the time the Brewer murders occurred but did not read or hear about the case near the time of trial. Juror Jones stated that, although she had read about the case, she did not know much about the murders and did not form an opinion about the case. All three of these jurors said that they could be impartial despite what they had learned about the case outside of court, they understood that information presented in the media was not evidence, and they would decide the case based only on matters presented in court.

With respect to the two remaining jurors, juror Bean stated that she had not read or heard “much” about the case and that this information would not cause her to be biased against either side. In addition, she stated that she could put aside what she had learned outside of court. Juror Muth stated that she had read or heard about the case when it happened and around the time of trial but that she could nevertheless be impartial. She had developed an opinion that “it was very terrible.” However, when asked whether she would put what she had heard aside and listen to the evidence, she replied, “I would certainly try to, yes.”

Defendant now asserts that he was denied due process of law and his right to a trial by an impartial jury when jurors saw the Decatur Herald & Review article on the morning that jury selection began. In particular, defendant claims prejudice based on the newspaper picture of him in handcuffs, and the information in the article concerning his prior convictions, the victims’ positive attributes, the impact of Bonnie’s death on her coworkers, the fears of Douglas County residents, and defendant’s motivation to escape. According to defendant, jurors’ assertions that they could be impartial cannot be believed due to the inflammatory nature of this publicity.

In addition, defendant contends that the transfer of the case from Douglas County to neighboring Macon County was inadequate to reduce the prejudicial effect of publicity, and the circuit court should have delayed jury selection until jurors who had not seen the May 18 article could be found. Defendant asserts that only 10 of the 44 prospective jurors examined stated that they had not read newspaper stories about the case. Defendant argues that he must be granted a new trial by a jury not prejudiced by inflammatory publicity. In the alternative, he requests a new sentencing hearing.

Under both the United States and the Illinois Constitutions, a criminal defendant is entitled to a jury that is impartial, which means “ ‘a jury capable and willing to decide the case solely on the evidence before it.’ ” People v. Olinger, 176 Ill. 2d 326, 353 (1997), quoting Smith v. Phillips, 455 U.S. 209, 217, 71 L. Ed. 2d 78, 86, 102 S. Ct. 940, 946 (1982). Exposure to publicity about a case is not enough to demonstrate prejudice because jurors need not be totally ignorant of the facts and issues involved in a case. People v. Sutherland, 155 Ill. 2d 1, 15-16 (1992), citing Irvin v. Dowd, 366 U.S. 717, 6 L. Ed. 2d 751, 81 S. Ct. 1639 (1961). This court has previously recognized that “[c]rimes, especially heinous crimes, are of great public interest and are extensively reported. It is unreasonable to expect that individuals of average intelligence and at least average interest in their community would not have heard of any of the cases which they are called upon to judge in court.” People v. Taylor, 101 Ill. 2d 377, 386 (1984). A juror must, however, be capable of disregarding his or her impressions or opinions and decide the case based solely upon the evidence presented in court. People v. Coleman, 168 Ill. 2d 509, 547 (1995). In evaluating a defendant’s claim that his jury was prejudiced due to pretrial publicity, a reviewing court must review the entire record, including voir dire testimony, to determine independently whether the defendant was denied a fair trial. People v. Sanchez, 115 Ill. 2d 238, 263 (1986).

In an analogous case, People v. Sutherland, 155 Ill. 2d 1 (1992), this court rejected a defendant’s claim that he was denied a fair trial by extensive media coverage in his case. In Sutherland, as in the instant case, a change of venue was granted to a nearby county. The defendant argued that transferring the case only 75 miles from the scene of the murder was essentially no change of venue. The defendant asserted that media coverage of the case affected residents of the county where the case was tried in the same way that it had affected residents in the county where the murder occurred. The defendant observed that 92% of the veniremen stated that they had read or heard about the case, and 34% of that group stated that they believed the defendant was guilty and that they could not put aside this opinion. Sutherland, 155 Ill. 2d at 15.

This court refused, however, to grant the defendant a new trial in Sutherland based on pretrial publicity. It noted that the 12 jurors selected for the case stated that they had not formed an opinion based on what they had read or heard and that they could decide the case based only on evidence presented in court. In addition, this court rejected the defendant’s argument that “a juror’s good faith cannot counter the effect of exposure to prejudicial extrajudicial pretrial information.” Sutherland, 155 Ill. 2d at 16. Although 10 of the 12 jurors had heard about the case, their awareness of the case was “general” and “minimal,” and came only from local papers. In addition, none remembered information prejudicial to defendant. Based on these facts, the Sutherland court concluded that the defense was able to select a fair and impartial jury, and the change in venue was sufficient to protect the defendant’s rights. Sutherland, 155 Ill. 2d at 16.

As in Sutherland, our review of the record in the case at bar leads to the conclusion that “the level of awareness of the case on the part of the venire and the jury ultimately selected was not so great as to establish partiality and to deny the defendant a fair trial” (Sanchez, 115 Ill. 2d at 263). Of the 12 jurors selected, 10 had read or heard about the case, and the record indicates that their knowledge was based only on newspaper reports. All of the 10 expressed a willingness to put aside what they knew of the case and decide it based only on the evidence presented in court. They also averred that they could be impartial despite what they had learned of the case outside the courtroom. More than half of the 10 who had read or heard of the case indicated that they had minimal familiarity with the case, having merely “skimmed” or “glanced” at newspaper reports. Furthermore, we note that defendant only used 5 of his 14 peremptory challenges, a factor that, while not conclusive, weighs against a finding of jury bias. As in Sutherland, we find that pretrial publicity did not deny defendant a fair trial. See Sanchez, 115 Ill. 2d at 264-65 (holding that defendant was not denied a fair trial as a result of pretrial publicity; coverage was extensive but typical for a case of its nature and not “unprecedented” in intensity).

Defendant asserts that the circuit court’s failure to ask jurors precisely what they had read and recalled about the case precludes a determination that his jury was impartial. He also claims that the circuit court’s failure to grant his request for individual voir dire prevented defense counsel from making such an inquiry. In Mu’Min v. Virginia, 500 U.S. 415, 425, 114 L. Ed. 2d 493, 506, 111 S. Ct. 1899, 1905 (1991), however, the United States Supreme Court approved of voir dire conducted in the manner chosen by the circuit court in defendant’s case. In Mu’Min, as in the instant case, the circuit court denied the defendant’s request for individual voir dire and instead examined jurors in panels of four. See Mu’Min, 500 U.S. at 419, 114 L. Ed. 2d at 501-02, 111 S. Ct. at 1902. In addition, in Mu’Min, the circuit court refused to ask jurors questions about the content of pretrial publicity to which they were exposed. Instead, the court asked jurors whether the information they had learned outside of court would affect their abilities to be impartial.

The Supreme Court approved of this procedure. The Court explained: “Whether a trial court decides to put questions about the content of publicity to a potential juror or not, it must make the same decision at the end of the questioning: is this juror to be believed when he says he has not formed an opinion about the case?” Mu’Min, 500 U.S. at 425, 114 L. Ed. 2d at 506. 111 S. Ct. at 1905-08. The Court held that questions about the content of publicity are not constitutionally required and that the voir dire conducted was sufficient to protect the defendant’s right to a fair trial by an impartial jury. Mu’Min, 500 U.S. at 425-32, 114 L. Ed. 2d at 506-10, 111 S. Ct. at 1905-08; see also Coleman, 168 Ill. 2d at 547-48. Based on this authority, we conclude in the case at bar that the circuit court was not required to ask jurors to detail their recollection of media coverage of defendant’s case. The voir dire in this case was sufficient to determine whether jurors could decide defendant’s case based on the evidence presented in court.

We also reject defendant’s argument that pretrial publicity was so pervasive and prejudicial that it created “ ‘such a presumption of prejudice in [the] community that the jurors’ claims that they can be impartial should not be believed’ ” (Coleman, 168 Ill. 2d at 548, quoting Patton v. Yount, 467 U.S. 1025, 1031, 81 L. Ed. 2d 847, 854, 104 S. Ct. 2885, 2889 (1984)). In support of this contention, defendant relies on this court’s decision in People v. Taylor, 101 Ill. 2d 377 (1984), in which this court granted a defendant a new trial on the basis that the jury was prejudiced by pretrial publicity. The Taylor court described the media coverage of the case in the county where the crime occurred and surrounding counties as “unprecedented.” Detailed coverage began on the day of the crime and continued through trial. There were daily reports on the radio and television, as well as extensive coverage in two local newspapers. Details about the crime and the defendant were provided by the media, as well as information that a codefendant had been released after “passing” a lie detector test, whereas the defendant “did not pass” and was not released. Taylor, 101 Ill. 2d at 383-84. A public opinion poll conducted by defense counsel indicated that 378 of 382 registered voters surveyed had heard of the case, and 72% believed police had arrested the right person. Taylor, 101 Ill. 2d at 382-83.

This court held in Taylor that the circuit court erred in refusing to grant the defendant’s challenges for cause and motion for change of venue based on the pretrial publicity. Although jurors stated that they could set aside what they had read or heard about the case and base their verdict only on evidence in the courtroom, the Taylor court determined that these assertions were insufficient based on the extent and nature of the publicity about the case. The record indicated that at least three, and possibly six, jurors were aware of facts indicating that the defendant had performed poorly on a lie detector test. The Taylor court held that the defendant’s challenges for cause to five of these jurors were improperly denied, and the defendant had exhausted his peremptory challenges. The Taylor court concluded that, although the jurors may have been sincere in stating that they could disregard such outside knowledge of the case,

“[t]he concern is that this information about polygraphs, by its nature, is unlike other factual details. This is not the type of information which the average juror can easily ignore. Its effect is subtle and unconscious, but at the same time potent. Whether or not the juror is aware of it or can express his feelings accurately, exposure to this type of highly inflammatory material is enough to raise the presumption of partiality.” Taylor, 101 Ill. 2d at 393.

In holding that the defendant was denied his right to a fair trial by the denial of his challenges for cause and his motion for change of venue, the Taylor court repeatedly emphasized the unique facts of the case. According to the Taylor court, its holding was not based merely on the sheer volume of publicity or the “bare potential for bias.” Rather, it was based on the documented “unprecedented volume of publicity” combined with the jurors’ exposure to the polygraph information, which was particularly persuasive and highly prejudicial. Taylor, 101 Ill. 2d at 395.

We disagree with defendant that, under Taylor, the jurors’ assertions in defendant’s case that they could be impartial despite what they had learned about the case outside the courtroom should be disregarded. The record contains no indication that this case received the “unprecedented” amount of coverage that existed in Taylor. Evidence in the record of media coverage of defendant’s case is limited to the May 18, 1998, issue of the Decatur Herald & Review and several newspaper reports in August and September 1997.

While some of the information in these news reports was prejudicial to defendant and inadmissible, it was not of the peculiarly inflammatory nature of the polygraph results disclosed in Taylor. The newspaper reports about defendant’s case generally described the circumstances of the murders and defendant’s arrest, the charges against defendant and Warner, Warner’s description of defendant’s actions on August 8, defendant’s criminal record, fears of Atwood and Garrett residents after the murders, the police investigation, and the victims’ lives before the murders. Unlike the polygraph details in Taylor, press coverage of these facts in defendant’s case does not require a finding that defendant was denied a fair trial despite the juror’s assertions that they would decide his case based only on the evidence presented in court. For example, this court has stated that “[a] juror’s knowledge of the accused’s prior convictions for other offenses does not create a presumption of prejudice.” Coleman, 168 Ill. 2d at 547, citing Murphy v. Florida, 421 U.S. 794, 44 L. Ed. 2d 589, 95 S. Ct. 2031 (1975). In addition, “[b]ecause television and the media regularly depict criminal defendants in handcuffs, a juror’s viewing a defendant in handcuffs can no longer be regarded as having a shocking effect on a prospective juror’s sensibilities.” People v. O’Toole, 226 Ill. App. 3d 974, 985 (1992). We hold that the circuit court did not err in denying defendant’s motion for a mistrial based on pretrial publicity. We also decline defendant’s request that we find that the circuit court abused its discretion by not delaying the trial so that the jury could be selected from a venire that did not see the article. There was no request for a continuance, and, as stated, defendant was not denied a fair trial by the jurors who were selected on May 18 and 19, 1998.

II. Trial

In addition to his challenges to voir dire, defendant raises three issues with respect to the guilt-innocence phase of the proceedings in his case. Defendant does not challenge the sufficiency of the evidence to support his convictions. He claims, instead, that his convictions must be reversed because (1) the circuit court refused to order a psychiatric evaluation of Merriman; (2) the circuit court excluded evidence of Warner’s possession of the murder weapon several months before the Brewer murders; and (3) the circuit court refused to give an accomplice witness instruction to the jury.

A. Psychiatric Evaluation of Merriman

Before trial, defendant requested that the circuit court order a psychological and psychiatric evaluation of Randy Merriman. In addition, defendant asked the court to require the State to disclose Merriman’s mental health treatment records. The circuit court denied defendant’s request for an examination of Merriman but ordered the State to submit records of Merriman’s mental health treatment for an in camera inspection by the court. After examining the records, the circuit court granted defense counsel’s request to use eight documents for purposes of impeaching Merriman’s testimony. At trial, Merriman testified on direct and cross-examination concerning his history of substance abuse, mental illness, and memory problems.

Defendant acknowledges that the jury was presented with information concerning Merriman’s mental health, but he contends that “a current psychiatric evaluation was needed to allow the defense to investigate and possibly present defense evidence to the jury as to how Mer-riman’s mental problems affected his credibility as a witness as well as his ability to perceive reality at the time of the crime.” According to defendant, Merriman’s credibility was critical to the State’s case against defendant, and the circuit court’s refusal to order an evaluation of Merriman deprived defendant of his right under the sixth amendment to the United States Constitution to confront witnesses and present a defense.

A criminal defendant’s right to confrontation under the sixth amendment includes the right to cross-examine witnesses against him. People v. Kliner, 185 Ill. 2d 81, 130 (1998), citing Davis v. Alaska, 415 U.S. 308, 315, 39 L. Ed. 2d 347, 353, 94 S. Ct. 1105, 1110 (1974). “Any permissible matter which affects the witness’s credibility may be developed on cross-examination.” Kliner, 185 Ill. 2d at 130. However, “[a] defendant’s rights under the confrontation clause are not absolute. Rather, ‘the Confrontation Clause guarantees an opportunity for effective cross-examination, not cross-examination that is effective in whatever way, and to whatever extent, the defense might wish.’ ” (Emphasis in original.) People v. Jones, 156 Ill. 2d 225, 243-44 (1993), quoting Delaware v. Fensterer, 474 U.S. 15, 20, 88 L. Ed. 2d 15, 19, 106 S. Ct. 292, 294 (1985). The latitude allowed on cross-examination is within the sound discretion of the circuit court, and a reviewing court will not interfere unless there has been a clear abuse of discretion resulting in manifest prejudice to the defendant. People v. Frieberg, 147 Ill. 2d 326, 357 (1992); People v. Sandoval, 135 Ill. 2d 159, 194 (1990).

Because of the information made available to the defendant through Merriman’s mental health treatment records, we cannot conclude that the circuit court abused its discretion by denying defendant’s request for a psychological and psychiatric evaluation of Merriman. The defense received copies of records from June 1997 through March 1998. These records, which included psychiatric and mental health evaluations, indicated that Merriman had sought treatment for depression and substance abuse several times in 1997 and 1998. Records of evaluations on June 3,1997, and July 30,1997, showed that Merriman had been diagnosed with major depression with psychotic features. He had been prescribed Risperdal and Serzone in May 1997, which improved the symptoms of his depression. Also according to these records, Merriman said he had suicidal thoughts, described his thoughts as “jumbled up,” and stated that he had problems with his memory and concentration. In addition, he reported a history of cocaine dependence but stated that he had not used cocaine since April 1997.

In October 1997, Merriman told mental health workers that he had not used cocaine since April 1997. In December 1997, however, Merriman sought treatment for substance abuse. At that time, he admitted smoking $50 worth of crack cocaine a day and reported hallucinations of people hiding behind trees in front of his parents’ house. According to the December evaluation, Merri-man’s use of drugs appeared to aggravate his psychiatric symptoms. Other mental health treatment records provided to the defense indicated that, following Merri-man’s release from a drug rehabilitation program in 1998, he relapsed and entered drug treatment again in February 1998 after using $600 worth of crack cocaine on one day.

These records permitted the defense to conduct an effective cross-examination of Merriman. At trial, Merri-man testified on direct examination that he was a drug addict and that he had been diagnosed with a severe major depressive disorder with psychotic features. He stated that he ingested medication for this mental illness on August 7. Merriman acknowledged that he sometimes had problems remembering things but asserted that he recalled the events of August 7, 8, 14, and 15 “pretty well.” On cross-examination, Merriman stated that he had been treated for cocaine addiction in 1Ó97 and 1998 and sought mental health treatment in 1997 on several occasions. He admitted that, on July 30, he had complained of jumbled thought, bad memory, and hallucinations and had indicated that his cocaine addiction made his symptoms worse. He had been on medication since May 1997 and used crack cocaine on the morning of August 8.

As this testimony demonstrates, the defendant was able to provide the jury with ample information from which to evaluate Merriman’s credibility and ability to perceive and recall the events surrounding the Brewer murders and defendant’s arrest. Accordingly, the circuit court’s refusal to order a psychological and psychiatric examination of Merriman was not an abuse of discretion resulting in manifest prejudice to defendant, and defendant was not denied his rights under the sixth amendment.

B. Exclusion of Evidence of Warner’s Possession of the Murder Weapon

Defendant also argues that he must receive a new trial as a result of the circuit court’s exclusion of evidence that Dyno Warner possessed the knife used to kill the Brewers when he was stopped by police several weeks prior to the Brewer murders. The State filed a motion in limine, in which it requested that the circuit court bar evidence relating to the June 20, 1997, police stop of Warner’s car. At the time, Warner was riding in the passenger seat of the car. During a search of the vehicle, police found the knife later used in the Brewer murders between the driver’s and passenger’s seats. Warner was not arrested or charged as a result of this stop, but another passenger in the car was arrested for possession of marijuana. The court granted the motion in limine.

Defendant argues that evidence that Warner had the knife on June 20, 1997, was relevant and admissible because it “made it more probable that he was the one who used the knife to murder the Brewers ***, and that he was lying about Brad taking the knife.” In addition, defendant asserts that evidence that Warner had the knife in his car in June 1997 indicated that Warner used the knife to commit drug offenses instead of merely keeping it in his home. According to defendant, the exclusion of this evidence prevented him from asking Warner if, at the time of the murders, he was also using the knife to get drugs, and prevented defendant from relying on this evidence to support his theory that Warner and Merri-man rather than defendant killed the Brewers. Defendant contends that he was thereby denied his rights under the sixth amendment to confront witnesses and to present a defense.

It is the function of the circuit court to determine the admissibility of evidence, and a reviewing court will not reverse the circuit court’s ruling on a motion in limine absent an abuse of discretion. People v. Williams, 188 Ill. 2d 365, 369 (1999); People v. Buss, 187 Ill. 2d 144, 219 (1999). In order to be admissible, evidence must be legally relevant, that is, it must tend “ ‘to make the existence of any fact in consequence to the determination of the action more or less probable than it would be without the evidence.’ ” People v. Hope, 168 Ill. 2d 1, 23 (1995), quoting People v. Peeples, 155 Ill. 2d 422, 455-56 (1993). Although a defendant in a criminal case may offer evidence that tends to show that someone else committed the offense with which he is charged, such evidence should be excluded on the basis that it is irrelevant if it is too remote or too speculative. People v. Whalen, 158 Ill. 2d 415, 430-31 (1994); People v. Ward, 101 Ill. 2d 443, 455 (1984).

In the case at bar, the circuit court properly excluded the evidence of Warner’s possession of the knife as irrelevant to the murder charges against defendant. Evidence that Warner was in possession of the knife on June 20 was too remote to demonstrate that Warner, rather than defendant, possessed the knife at the time of the Brewer murders. There was no