People v. Columbo (118 Ill. App. 3d 882, 1983)

PRESIDING JUSTICE WILSON

delivered the opinion of the court:

Following a jury trial, defendants Patricia Columbo and Frank DeLuca were found guilty of three counts of murder, conspiracy and solicitation. Defendants’ post-trial motions were denied. The trial court sentenced defendant,Columbo to concurrent sentences of 20 to 50 years for solicitation and 200 to 300 years for the murders of Frank, Mary and Michael Columbo. The court then sentenced defendant DeLuca to concurrent sentences of 10 to 50 years for solicitation and 200 to 300 years for the three counts of murder. Because the court held that the conspiracy charge merged in law with the murder charge, no sentence was imposed with respect to the conspiracy counts.

On appeal, defendants contend that their convictions should be reversed or, in the alternative, that they should be granted a new trial on the grounds that: (1) the trial court improperly denied defendant Columbo a severance; (2) the court improperly admitted evidence seized at defendant Columbo’s home and failed to suppress her oral and written statements; (3) defendants were denied their constitutional due process rights to a fair trial; (4) the court erroneously entered judgments and sentences for solicitation; (5) defendants were not proven guilty beyond a reasonable doubt; (6) the court erred in denying defendant DeLuca’s attempts to develop and present his theory of defense; (7) the court improperly admitted opinion evidence given by an unqualified witness; and (8) the jury was improperly instructed. For the reasons that follow, we affirm the trial court’s judgment.

I. Pretrial Motions

Prior to trial, defendant Columbo filed motions to quash arrest, to quash a search warrant, to suppress statements and to suppress physical evidence. The court quashed the search warrant but denied the other motions. Testimony pertinent to the court’s decisions regarding the pretrial motions follows.

I-A. Motion to Quash Arrest of Patricia Columbo

Investigator Raymond J. Rose, an Elk Grove Village police officer, testified that on May 15, 1976, approximately 7 a.m., he arrested defendant Columbo at the apartment she shared with defendant De-Luca at 2015 Finley Road, Lombard, Illinois. Present at the arrest were Lieutenant Frank Braun, Deputy Chief Bill Kohnke, Investigator Ray Fiske and Investigator Glenn Gable, Assistant State’s Attorneys Terry Sullivan and Collins Simpson, and members of the Lombard police department.

On cross-examination, Rose testified that on May 14, 1976, approximately 11 p.m., he was present when a statement was given by Lanyon (Lannie) Mitchell concerning Columbo’s solicitation of him to murder her family. Mitchell related that Columbo informed him that he could enter her parents’ home through patio doors which she would leave unlocked. In corroboration of Mitchell’s statement, Rose testified that he had had a prior conversation with Investigator Gargano regarding a conversation Gargano had had with Carolyn Tygrett, sister of deceased Mary Columbo. Tygrett told Gargano that one evening when she was visiting the Columbo home, Patricia Columbo arrived to pick up something. After Patricia left without ever picking up the item she came for, Mary Columbo noticed that the sliding glass patio doors, which had been locked before Patricia Columbo arrived, were unlocked. Mary Columbo then locked them herself.

Rose further testified that prior to defendant Columbo’s arrest, Mitchell had viewed at the police station three Polaroid photographs of Frank, Mary and Michael Columbo, one handwritten dossier con-taming personal information relating to the Columbo family and one hand-drawn diagram of the Columbo home. Mitchell told Rose that Columbo had given him these items in preparation for his murdering the Columbo family.

On redirect, Rose conceded that during the conversation on May 14, 1976, Mitchell never related that Columbo had told him that she had killed her parents. Rose further stated that, although Mitchell was brought to the Elk Grove Village police station in a squad car, he came voluntarily and was not in custody and voluntarily gave a statement to Assistant State’s Attorney Terry Sullivan.

Testifying further, Rose stated that after Columbo’s arrest, he obtained an arrest warrant for her which was made out for the purpose of having a mittimus to the Cook County jail issued. After hearing this testimony, the trial court denied the motion to quash arrest.

I-B. Motion to Suppress Physical Evidence

Investigator Rose testified that on May 15, 1976, approximately 6:20 a.m., he left the Elk Grove Village police station with several other officers and proceeded to defendants’ apartment. Upon arriving at the apartment, Lieutenant Braun of the Cook County sheriff’s police, knocked on the door of defendants’ apartment, announced his office and stated that he possessed a search warrant for the apartment. DeLuca responded that he wanted to make some phone calls before opening the door. Lieutenant Braun continued to knock on the door, identified himself again and requested that the door be opened. At this point, Columbo shouted from inside the apartment, “You m— f— ~s aren’t coming in here.” Lieutenant Braun continued to knock on the door and to request that it be opened. He further stated that if the door were not opened, he would kick it in. In response, Columbo shouted, “You guys are f-— animals.” Subsequently, Officers Salvatore and Severens began kicking at the door. After 10 to 15 minutes, DeLuca yelled, “Wait a f-— minute. I’ll open the door.” When De-Luca opened the door, Columbo was standing behind him, holding a German shepherd dog. Rose then handed DeLuca a copy of the search warrant, and informed him that it authorized the officers to search the apartment. At that point, Investigator Fiske asked Columbo to put the dog in another room before someone got hurt, which she did.

Rose further testified that while in defendants’ apartment, he observed a tablet of unruled white notebook paper and a pocket telephone directory on top of a small kitchen-type table. Because the paper was similar to that on which the Columbo family dossier had been written, Rose told his fellow officers to take the paper back to police headquarters. The officers also recovered an address book in order to verify whether it contained numbers of a Club Claremont, which Mitchell frequented.

Further testifying, Rose stated that Columbo exited the apartment, not handcuffed, between two investigators. DeLuca left shortly thereafter, not handcuffed, with Investigator Bloomquist. After both defendants were out of the apartment, the remaining officers searched the premises for those items named in the search warrant. Rose did not remain behind for the full search.

On cross-examination, Rose testified that while he was in the apartment, he took several items off shelves, looked through drawers, and removed sheets from the beds. He also saw one of the police officers kick a hole through a wall.

On redirect, after being shown a photograph of a hole in one of the walls of the apartment, Rose stated that the hole was already there when the police arrived; however, it was enlarged by police officers in an effort to determine if anything had been dropped into the wall. Rose further indicated that while he was in the apartment, he observed a gun and bullets located in a box in a bedroom closet. The gun, bullets, and other items were taken to the Elk Grove Village police department by evidence technicians.

Lieutenant Frank Braun of the Cook County sheriff’s police department testified that on May 15, 1976, approximately 6:30 a.m., he left the Elk Grove Village police station with Investigator Rose and Assistant State’s Attorney Sullivan and proceeded to defendants’ apartment in Lombard. They arrived at the apartment approximately 6:50 a.m. where they met several other police officers. Once inside the apartment, Braun observed an ash tray containing More cigarettes and full packs of More cigarettes in the kitchen. He had seen More cigarettes previously at the Columbo residence the day the bodies were discovered and he also knew that More cigarettes had been found in the Columbo’s Oldsmobile. Furthermore, Braun had seen Columbo smoking that brand. Braun also observed a stack of 15 or 20 photographs in the immediate vicinity. The top photograph depicted Columbo and an unknown male. Because Braun knew that Columbo had had sexual relations with Mitchell, he looked through the photos and recovered them as evidence. In addition, the More cigarettes on the kitchen counter and the cigarette butts in the ash tray were seized and removed. Braun further testified that at the time he saw the photographs and the More cigarettes, Columbo was still in the apartment.

On cross-examination, Braun stated that when he arrived at the defendants’ apartment, Investigator Rose had a search warrant which Braun himself had not read. After the search, Rose told Braun that he had found a note pad. Braun, however, never put that information into any police reports or notes. Regarding the photographs, Braun admitted that Mitchell had never said that photographs were taken of sex acts between himself and Columbo. However, Mitchell did admit that he had had sexual intercourse with Columbo in defendants’ apartment.

On redirect, Braun testified that Rose prepared the police reports regarding the arrest and search of defendants’ apartment, and that he did not prepare any such reports himself. Further, an inventory was taken of all items recovered from the search.

After Braun’s testimony, counsel for Columbo moved for a directed finding. The motion was denied.

Defendant DeLuca next testified that on May 15, 1976, approximately 6:50 a.m., he was sleeping in his apartment when he was awakened by a loud banging on the front door and shouts of, “Open the door, this is the police.” Defendant Columbo telephoned the Elk Grove Village police department to verify that it was the police at the front door, but was unable to get verification. She then called the Lombard police department and was told that the Elk Grove Village police were at the door. When DeLuca opened the door, 10 guns were pointed at him. The police entered the apartment, flashed a white paper, informed DeLuca that he was under arrest, and handcuffed him.

DeLuca further stated that it was either Rose or Kohnke who flashed the warrant at him, without giving him the opportunity to read it. When DeLuca was escorted out of the apartment, he saw Columbo leaving the apartment with Kohnke.

Testifying further, DeLuca said that he was driven to the Elk Grove Village police department in an unmarked car. Regarding the evidence seized from his apartment, DeLuca stated that the notebook pad and paper were on a shelf in a closed dining room closet, the address book was kept in the top drawer of a cabinet, and the photographs were on the top shelf of a kitchen cabinet. When DeLuca returned to his apartment the day after his arrest, he noticed that it was completely messed up.

On cross-examination, DeLuca admitted that he last saw the two notebook pads in the closet about one week before the search warrant was executed. Further, he observed that Columbo was handcuffed when she came out of the apartment. In addition, during the knocking on the door defendant Columbo became upset and said, “You f-— animals.”

Following the hearing, the trial court denied the motion to suppress physical evidence on the grounds that the cigarette butts in the ash tray, the photographs, the notebook paper and the address book on the dining room table were in plain view and that the seizure was neither unreasonable nor a violation of constitutional rights.

I-C. Motion to Suppress Defendant Columbo’s Oral and Written Statements

Investigator Rose testified that he left the defendants’ apartment and drove to the Elk Grove Village police department, arriving there approximately 8:30 or 8:45 a.m. Approximately 11 a.m., he saw defendant Columbo in a juvenile detention room talking with Laura Kolmar, a police employee. When Rose entered the room with Braun and Kohnke, Kolmar left and Kohnke proceeded to read the Miranda warnings to defendant Columbo from a preprinted card. After they were read, Columbo indicated that she understood her rights.

When Rose questioned Columbo about her overdue rent payments, she became angry and began to shout obscenities. Rose then asked her if she knew Mitchell. When Columbo said that she did not, Rose told her that Mitchell was in the police station and he began to read portions of the dossier to her which he had received from Mitchell. At that point, Columbo looked over Rose’s shoulder and saw Mitchell standing at the door, looking through the window. She then said, “All right, all right, I wrote it,” referring to the dossier. Columbo then told Rose that for some reason these people wanted to kill her parents, and that they had forced her to participate in numerous sexual activities, although they had not actually raped her. She then explained that she never told the police because she was afraid that she would be harmed. In fact, she never even told DeLuca.

When Rose asked Columbo about nude photographs taken of her which had been seized from her apartment, she stated that DeLuca would not care about the photographs because he knew that she had previously sent similar photographs to a magazine in Pennsylvania. She then admitted that she had the telephone number of Club Claremont which Mitchell frequented, and had called there on several occasions. Finally, Columbo stated that she did not want to talk to Rose any further. Instead, she wanted to talk to Investigator Landers or Gragano. Subsequently, Landers entered the room.

Later that day, Rose saw Columbo for a brief time approximately 3:30 or 4 p.m. and later at 10 p.m. He then transported her via an unmarked police car to Chicago police department headquarters where she appeared before a judge for issuance of a mittimus. She was then transported to Cook County jail. Rose testified that at no time from defendant Columbo’s arrest to the time she entered the Cook County jail was she threatened, struck or physically abused in his presence.

On cross-examination, Rose stated that he asked Columbo if the photographs recovered from the apartment were DeLuca’s idea and she answered in the affirmative. Rose denied calling defendants “degenerates” and also denied pushing a chair into Columbo’s leg during questioning.

Lieutenant Frank Braun testified that on May 15, 1976, approximately 11 a.m., he saw defendant Columbo with a police matron in a juvenile detention room in the Elk Grove Village police station.

On cross-examination, Braun testified that Columbo told him that she was afraid Mitchell might kill her if she said anything. She also stated that “they” were going to kill her family and had forced her to have all sorts of sex with them. Braun admitted that he never asked defendant Columbo to whom she was referring when she used the term “they” or “them.” Also, Braun stated that he never threatened, struck or threw any physical object at Columbo.

Investigator Glenn Gable, a member of the Cook County sheriff’s police, testified that on May 15, 1976, he handcuffed defendant Columbo at her apartment and he and Investigator Fiske escorted her to Fiske’s squad car. When defendant Columbo was in the car, she said, “You f-— animals. You pigs. What is going to happen to my dog?” Gable then read Columbo the Miranda warnings from a preprinted card. After arriving at the police station, Columbo appeared to be calm and asked to make a telephone call. She was then escorted to a telephone, where she made a call.

On cross-examination, Gable testified that after he read the Miranda warnings to defendant Columbo, he did not ask her any further questions, and she remained silent for the remainder of the ride to the police station. At one point during the ride, Gable commented to Fiske, “Very funny” or “Very amusing, Miss Columbo calling us animals.”

Gable further testified that on May 15, 1976, he was present in the juvenile detention room at 2:30 p.m. with John Landers. At that time, Landers asked Columbo if she would give a written statement to the police in the presence of a court reporter. She replied that she would. In response to another question, Columbo indicated that she wanted to make a telephone call, which she was permitted to do.

Investigator Ray Fiske, a member of the Cook County sheriff’s police, testified that he and Gable took Columbo into custody and transported her to the Elk Grove Village police department. He heard Gable read the Miranda warnings to Columbo. - Fiske stated that he did not question Columbo, nor did he threaten or hit her. Further, the only comment she made during the ride to the station was regarding the safety of her dog. She did not complain that the handcuffs were too tight.

On cross-examination, Fiske testified that Landers told him that Columbo said in her statement that she was abused in the squad car while going to the police station.

During redirect, Fiske stated that before Columbo entered the car, she refused to put on her shoes. However, after she stepped into a large rain puddle, she asked to put them on, but was told to wait until she got to the car. At this point, she became very angry.

Investigator John G. Landers, administrative assistant to the Director of Law Enforcement for the State of Illinois, testified that on May 15, 1976, he gave Columbo her Miranda warnings at the police station and then questioned her in the presence of Investigator Gargano. Landers indicated that he and Gargano first became acquainted with Columbo the previous summer when Columbo filed a complaint against her father for assaulting DeLuca. During questioning on May 15, Columbo admitted to Landers that her relationship with DeLuca was the source of her problems with her parents. She also admitted that she had discussed her parents with Mitchell and his friend, Roman Sobczynski. At that point in the questioning, Columbo said that she was willing to give a written statement. When Landers asked Columbo if she wanted to call an attorney before making the written statement, she indicated that she wanted to call her godmother, which she did. After talking to her godmother, Columbo gave her written statement in the presence of Landers, Gargano, two other police personnel and an assistant State’s Attorney.

Landers further stated that before taking the written statement, the assistant State’s Attorney again advised Columbo of her rights. After listening to the Miranda warnings, Columbo stated, “I have already heard this before. I understand my rights and I want to talk.” During the statement, she detailed her relationship with Mitchell and Sobczynski, including her plan to have them kill her parents. After the statement was taken, Landers asked Columbo what she meant when she said that she was abused on the way to the police station. Columbo answered that the two officers who brought her to the station refused to let her put on her shoes and coat when she left the apartment.

After the statement was transcribed, Columbo read it, initialed each page and signed the statement. Approximately an hour later, Landers was notified that Columbo wanted to make another statement. Landers again advised Columbo of her rights. She then talked about Mitchell and Sobczynski more extensively, describing their meetings and sexual relationships. After approximately 45 minutes, Landers told Columbo, “The statement doesn’t make sense to me. You should get your thoughts together.” He then left the room. The statement was never completed. Landers testified that he never threatened or struck Columbo and never saw anyone else do so either. Landers also stated that Columbo appeared normal while giving the statement, drinking pop and smoking cigarettes.

Two days later, Landers was present at the Niles courthouse when defendant Columbo was arraigned. Shortly after leaving the courthouse, he was called by the Cook County jail and told that defendant Columbo wanted to see him and Gargano. When they arrived, Columbo greeted them by saying, “I’m glad you guys could be here.” Landers again advised her of her rights and told her that if she wanted her attorney present, he would call him. Columbo replied that her attorney knew that she wanted to talk to Landers and Gargano and that she was going to do so even if her attorney advised her against it. She then informed them that she had had a vision while in the Niles lockup. Regarding the vision, Landers testified:

“[I]n this vision that she had [she] saw her mother and father [lying] on the floor in the living room of the house next to a chair by the rail, and he was laying on his back. He was wearing dark colored pants and she said he had socks on, but no shoes.

She said that she went - she saw in the hallway her mother. Her mother was laying on the floor and that her mother was wearing *** a nightgown and a bathrobe.

She said she saw her brother in the bedroom and she said the bedroom was dark, she couldn’t tell if he had on any clothes or not, any pajamas or not. She said there was a hall light on, she said that she then saw a scissors with blood on it.

At that time I asked her if she saw herself in the house and she said yes.

I said, ‘Do you see yourself involved in the killing of your mother, your father, or your brother?’ And she says, ‘I’m not certain, I’m confused.’

At that time I asked her to go on with the statement, and she said that her - she saw her father and her father told her that Jesus, Jesus would forgive her, that she had been wrong.

* * *

She said that she saw herself there [in the Columbo house when the murders occurred], she thought she was there. She said she might have been involved and that she saw them all laying there together.

* * *

She then started talking about how she had been living with fear, fear of what her parents would do to her and also would do, and then hate, hate for her parents.”

Landers then refreshed his recollection from a typewritten report, signed by himself and Investigator Gargano, regarding their conversation with Columbo at the Women’s Correctional Center, and further stated:

“She told us, ‘I told my attorneys that I wanted to talk to you. I told them I didn’t care what they say, I want to talk to you guys, I want to see you guys.’

* * *

As we were getting ready to leave, she said she didn’t-she was having problems at the jail, she was having physical problems and she stated that she didn’t know how long more she could stand being locked up. She said that she had considered suicide, that she’s tried it before.”

Landers again refreshed his recollection by looking at the report, and stated:

“Q. Would you recall for the jury, please, if your memory is refreshed, the specific language used by Miss Columbo with respect to her involvement in the murders? Can you refresh your memory, please?

A. Yes, I can.

Q. What specifically did she say?

A. She said, ‘I’m afraid that I was there and did it.’ ”

Following her vision statement, Columbo complained about her physical condition and said that she needed medical attention, adding that she had attempted suicide before and might do it again. Landers then informed the superintendent of the Women’s Correctional Center that Columbo needed medical treatment.

On cross-examination, Landers stated that he was aware that public defenders had been appointed to represent Columbo. Nonetheless, he did not ask the appointed public defenders for permission to speak to Columbo at the Niles lockup. Landers farther testified that on May 19, 1976, he received a message that defendant Columbo wanted to speak with him again. In response, he and Gargano went to the Cook County jail complex. Again, they did seek permission to do so from the appointed public defenders. At that time, Landers had not yet received a statement from defendant Columbo that she had killed her family.

On redirect, Landers stated that when he and Gargano saw Columbo on May 19, she was in a hospital room in Cermak Memorial Hospital. When they arrived, she told them that she did not want to talk to them. Landers and Gargano then left the hospital without attempting to question her.

William Kohnke, deputy chief of police of the Elk Grove Village police department, next testified that on May 15, 1976, approximately 7 a.m., he first saw Columbo at the defendants’ apartment in Lombard. When Kohnke returned to the Elk Grove Village police station, he saw Columbo again, introduced himself to her and advised her of her Miranda rights by reading them from a preprinted card. Investigator Rose then commenced questioning. Kohnke stated that he never threatened Columbo, nor did he see anyone else threaten or coerce her.

On cross-examination, Kohnke stated that Rose and Landers were specifically in charge of the Columbo murder investigation under his direct supervision. During the questioning, Columbo asked Kohnke if she could see DeLuca and he told her that she could later that day.

Thelma Hawkins, secretary to the superintendent of the women’s jail, then testified that she was present on May 17, 1976, when Investigators Landers and Gargano interviewed Columbo in a visiting room of the jail. Hawkins did not hear Landers ask Columbo if she wanted to speak to him, nor did she hear Landers advise Columbo of her constitutional rights.

On cross-examination, Hawkins stated that when Landers and Gargano arrived and told her that they wanted to talk to Columbo, she informed the superintendent who indicated that if Columbo wanted to see the officers, they could talk to her. Hawkins then telephoned the tier, talked to the monitor officer who, in turn, contacted Columbo. The monitor officer informed Hawkins that Columbo wanted to see Landers and Gargano. Hawkins was not present during the subsequent interview.

Doctor Paul Cherian, psychiatrist of Cermak Memorial Hospital, testified that on May 17, 1976, he examined Columbo and diagnosed her condition as “acute situational reaction, depressive type.” Cherian stated that the illness was probably precipitated by the loss of her family. One of the symptoms of the illness was psychomotor retardation, i.e., a slowing of the thought processes, a condition that could temporarily impair her judgment. Cherian further stated that Columbo appeared anxious and confused at the time of the examination and, considering her depression and suicide potential, he had prescribed a tranquilizer for her and recommended that she be hospitalized.

On cross-examination, Cherian testified that during his examination of Columbo, she expressed feelings of hostility toward her parents and brother.

Claudia McCormick, superintendent of the Women’s Correctional Center, testified that on May 17, 1976, she received a request from two police investigators to see Columbo. McCormick saw Columbo in the interview room but was not present during the interview with the police investigators. On May 19, 1976, McCormick requested the investigating unit of the Cook County Department of Corrections to conduct an investigation of the two investigators because they had gone into Cermak Memorial Hospital to visit Columbo without obtaining McCormick’s authorization.

On cross-examination, McCormick stated that she did not talk to either the investigators or to Columbo.

Richard Kavitt, assistant public defender, testified that on May 17, 1976, while assigned to the Niles court, he and his partner, Allan Spector, were appointed to represent Columbo. When Kavitt attempted to interview Columbo, he found her in a hysterical condition. Consequently, he requested that she be examined at the Behavior Clinic. Kavitt stated that Columbo did not ask for his permission to speak to any law enforcement agent and no agent asked him for permission to speak to her.

On cross-examination, Kavitt stated that he did not believe the Behavior Clinic examination was performed. When he spoke with Columbo prior to the arraignment, he thought that she might be suffering from some mental disorder because she was crying and would not cooperate. Later that afternoon or the next day, Kavitt was informed that the public defender’s task force would be representing her.

Allan Spector, assistant public defender, next testified. On cross-examination, Spector stated that the request that defendant Columbo be hospitalized was based on conversations with her and a resulting concern for her personal safety.

On redirect, Spector testified that at the request of both assistant public defenders, the Niles court marked Columbo’s mittimus “Cermak Hospital.”

Ellen Zimmerman, Columbo’s godmother, testified that on May 15, 1976, she received a telephone call from defendant Columbo who told her that she was at the Elk Grove Village police station and was being charged with the murder of her mother, father and brother. She then told Zimmerman that she was going to sign a statement after which DeLuca would be released. When Zimmerman asked Columbo whether she was telling the truth, Columbo replied, “No, Ellen, that is the way it has to.be.”

On cross-examination, Zimmerman testified that she did not recall any conversation with Columbo about obtaining a lawyer and that she did not know if the police told Columbo that DeLuca would be released if she signed the statement.

Testifying in her own behalf, Columbo stated that on May 15, 1976, she was at home, asleep, when she was awakened by her dog’s barking. She then heard knocking at the door and a male voice saying, “Elk Grove police department ***. Open the door.” When she replied that she would open the door after she put on some clothes, the male voice allegedly told her to open the door first. Despite this warning, defendant Columbo put on a black jumpsuit, looked through the peephole in the door and saw two males with guns drawn. She backed away from the door and asked to see police identification. When she received no reply other than “[ojpen the door,” she told them that she was going to call the Elk Grove Village police department to verify their identity. She then placed the call and talked to a Sergeant Iden, who told Columbo that the officers had been sent to her apartment. Subsequently, she removed the board which had been placed as a barricade across the door and unlocked the two locks on the door. When she unlocked the second lock, the door opened and several men entered the apartment and immediately handcuffed her. When she was told to put her dog away, Columbo called the dog out to the balcony.

Columbo further testified that she asked Officer Kohnke if he had a search warrant and was told that DeLuca had seen the warrant. She was then asked where her shoes and coat were. When an officer found her shoes, she could not put them on because she was handcuffed. Her coat was then thrown over her shoulders and she carried her shoes as she left the apartment with Investigators Gable and Fiske. While walking to the car, one officer held her arm and purposely directed her through several rain puddles which could have been avoided. When she reached the car and the door was opened, she tossed her shoes into the car. One of the officers then pushed her into the car, knocking her head on the top part of the car. After they left the apartment parking lot, Fiske commented that Kohnke was going to “fry this chick’s ass good.”

When Columbo reached the Elk Grove Village police department, she was taken to the records room office where her right hand was handcuffed to the right arm of the chair. While in the records room, Columbo asked police matron Kolmar to put a wastepaper basket beside her because she was not feeling well and thought that she might vomit. After 15 or 20 minutes, she was taken to the detention room where she was strip-searched. Investigator Rose and Officer Kohnke then entered the room and Rose asked her about rent payments on her apartment. Rose did not advise Columbo of her constitutional rights before he began the questioning. When Columbo denied knowing Mitchell after being shown his picture, Rose told her that Mitchell was in the police station and claimed to know her. She was then shown copies of some pictures and some papers. She denied writing the papers. At that point in the questioning, defendant Columbo heard a sound, looked up and saw Mitchell through the door window, laughing and running his hand across his throat. Columbo then told Rose that if that was Mitchell at the door, she knew him as “Lannie,” but never knew his last name.

Columbo further testified that Kohnke asked her if she preferred to have DeLuca or herself go to the electric chair. When she replied that she had nothing more to say to him, Rose and Kohnke left the room and Investigator Landers asked if she wanted to see him or Gargano. She replied that she would talk to Landers, but not to Gargano. At that point, Rose and Kohnke returned with several pictures that DeLuca had taken of Columbo. Rose then commented that she was “perverted” and her lifestyle was not up to his, after which he pushed her and hit her with a chair on her left thigh. Landers then reentered the room and called Gargano. When Columbo began crying, Gargano found DeLuca and brought him into the room to talk with Columbo. Later, Columbo told Landers that she was going to make a statement. However, first she wanted to call her godmother. After making the call, Columbo told Gargano that she would make a statement if it would help DeLuca. Gargano told her that if she would make the statement, he would make sure that DeLuca would be released after he took a polygraph test. Before Columbo gave the statement, she asked Assistant State’s Attorney Sullivan if he had spoken to Gargano about DeLuca’s release once she gave the statement and DeLuca took the polygraph test. Sullivan replied that he had talked to Gargano and that it was “all taken care of.” She then gave the statement and later initialed it and signed it. Later, when she informed Landers that she wanted to make a second statement from beginning to end, Landers brought in another court stenographer and Columbo commenced giving her second statement. The statement, however, was never completed. Columbo recalled that she heard her constitutional rights for the first time when Rose read them to her in the receiving room of the Women’s Correctional Center.

On cross-examination, Columbo denied saying to the arresting officers, “You f-— jackoffs ain’t coming in until I verify and know who you are” or “You guys are f-— animals.” However, she did admit that she may have used language of that type simply because she was scared when she heard the knocking on her door and someone saying, “Open the door.” Columbo further stated that she woke DeLuca after hearing the knocking, but did not get a gun. DeLuca also appeared to be scared and told her that he had to get her out of the apartment. When the men came through the door, they pushed her into the kitchen and handcuffed her. She saw guns pointed at her head and another gun pointed at her dog. When she moved between Rose and the dog and told Rose that the dog would not hurt anyone and did not bite, the officer lowered his gun. Columbo then called the dog out onto the balcony. When she asked Kohnke if she was under arrest, he did not answer her. Later, as she walked out of the door with the two officers, one of them tightened one side of the handcuffs.

Columbo further testified on cross-examination that while she was in the squad car en route to the Elk Grove Village police station, neither of the officers in the car informed her of her constitutional rights. Furthermore, after she saw Mitchell, she admitted to Rose that she knew Mitchell and that she had written the dossier on her family. During her conversation with Rose, they discussed sex and lifestyles. When Rose informed her that Mitchell had accused her of hiring him to kill her family, she became very upset. However, Rose did not hit her at any time during the conversation. Regarding her constitutional rights, Columbo did not recall Landers’ reading them to her, although she thought the assistant State’s Attorney may have done so. In any case, Colombo did not recall any rights being read to her prior to her written statement which she initialed and signed. In addition, Colombo stated that she gave the first statement so that the police woold release DeLoca. Later, she told the officers that she wanted to give a second statement and “tell it her way.” She coold not remember, however, whether Landers advised her of her constitotional rights before she gave the second statement. Both statements consisted wholly of Colombo’s own thooghts withoot any prompting from others.

As a rebottal witness for the prosecotion, Investigator Gene Gargano testified that on May 15, 1976, he and Landers went into the room where Colombo was being held at the Elk Grove Village police station, greeted her, and Landers then advised her of her rights. Colombo replied, “John, I have heard it before and I don’t need an attorney.” Colombo then began talking aboot the Joly 1975 incident when Frank Colombo had confronted her and DeLoca in the parking lot of Walgreen’s Drngstore in Elk Grove Village and knocked oot De-Luca’s teeth with a rifle bott. When Landers asked her aboot Mitchell, Colombo answered that she had met Mitchell and his friend, Sobczynski, throogh a girlfriend. Thereafter, they met on several occasions. Colombo admitted that she told Mitchell and Sobczynski aboot her problems with her family and her desire to have them killed. When Landers asked her if she woold give a written statement, Colombo indicated that she woold. Gargano denied that he ever told Colombo that DeLoca woold be released if she gave a statement and DeLoca took a polygraph test. Approximately 8:30 or 9 p.m. that evening, Gargano brooght DeLoca to visit Colombo.

Assistant State’s Attorney Terry Sollivan testified that on May 15, 1976, he read the Miranda rights to Colombo at the Elk Grove Village police station. When he asked her after each warning whether she nnderstood her rights, Colombo replied that she did. While Sollivan was talking with Colombo at the police station, she appeared calm and did not complain aboot being hit by a chair. Moreover, she did not ask for an attorney. The Miranda warnings were repeated while Colombo was giving her written statement. Colombo never told Sollivan that Gargano had told her that DeLoca woold be released if she gave a statement and if DeLoca took a polygraph test. Farther, no promises or threats were made to her before she gave the statement.

After the direct examination of Sullivan, the trial court, on its own motion, struck the testimony of Doctor Cherian, psychiatrist at Cermak Memorial Hospital, regarding any communications between himself and Columbo during his psychiatric examination of her. Subsequently, the court denied the motion to suppress oral and written statements.

II. The Trial

Officer Joseph Giuliano of the Chicago police department testified that on May 7, 1976, approximately 2 p.m., he received a call from dispatch regarding a suspicious auto parked at 140 South Whipple in Chicago. Upon arriving at the address, Officer Giuliano observed a red 1972 Thunderbird with an Elk Grove Village sticker in the front window, no hubcaps, a smashed right front window covered by a piece of cardboard and a pulled ignition. Because the car had not been stripped, Officer Giuliano surmised that the car had been stolen by amateurs. A check with headquarters revealed that no stolen auto report had been filed, but that the car was registered to Frank Columbo, 55 Brantwood, Elk Grove Village, Illinois. Officer Giuliano attempted to notify Mr. Columbo on and off for over an hour, but received a busy signal the entire time. He then transmitted the information to the Elk Grove Village police department.

Officer Kenneth Kvidera of the Elk Grove Village police department testified that on May 7, 1976, approximately 4:45 p.m., he was notified by dispatch to go to 55 Brantwood, Elk Grove Village and inform the Columbos that their car had been located in Chicago. When he arrived at the Columbo residence, Officer Kvidera knocked on the front door, but received no response other than a barking dog. He noticed, however, that the storm door was unlocked and that the inner door was partially open. Kvidera then called for a backup unit and, while waiting, walked around the house. He noticed that there were no cars in the Columbo driveway, newspapers and mail had accumulated on the front porch, all of the windows were intact, and the patio and garage doors were secure. When Officer Maculitis arrived, both he and Kvidera entered the house and discovered a male body at the top of the stairs and another body on the landing. Kvidera immediately called for evidence technicians and an investigative unit.

Investigator Raymond J. Rose of the Elk Grove Village police department testified that on May 7, 1976, approximately 5 p.m., he was directed to go to 55 Brantwood where he discovered the bodies of Frank, Mary and Michael Columbo. Frank Columbo, defendant Columbo’s father, was found lying on his back in the living room, surrounded by broken glass, with a torn and bloody lamp shade nearby. He was wearing a T-shirt, plaid pants and socks. Rose also observed a two-inch slash across his throat.

Mary Columbo, defendant Columbo’s mother was found lying on her back on the landing in front of the bathroom. She had a bullet wound on the ridge of her nose, right between her eyes, and a one-inch slash across her throat. Part of a bloodied magazine and fake fern were lying next to her body, with broken glass and beads lying near her head. Four human teeth were also found lying between the top of the stairs and the wall. Mary had a large diamond ring on her left hand. Her purse was found in the bathroom, the contents strewn on the floor along with a cigarette case containing Pall Mall Menthols, and an ash tray containing the same brand cigarette butts.

Michael Columbo, defendant Columbo’s 13-year-old brother, was found lying on his back on his bedroom floor, wearing a white T-shirt and blue sweatpants. Michael’s bloodied head had what appeared to be a bullet wound on the left side and a second bullet wound on the back. In addition, there were 98 puncture wounds on Michael’s neck and chest. A pair of bloodied scissors with crossed blades were found on Michael’s desk and a marble-based bowling trophy, covered with blood, was lying next to Michael’s body.

On the foyer floor, Rose found a bloodied crumpled magazine, loose change and some artificial ferns and beads. In the upstairs master bedroom, the sheets were pulled back on the bed, still smooth, as if the bed had not been slept in. The alarm clock, set for 9 a.m., was buzzing. All of the drawers were orderly. In the kitchen, the garbage had been dumped on the bloodied floor, the cabinet door was ajar, the telephone was off the hook, and a personal telephone directory was open to a page on which was written defendant Columbo’s name and phone number. Outside the house, Investigator Rose found a nine-inch knife lying next to the front stoop and a common steak knife was lying in a rock garden.

Although some attempt had been made to give the impression of a robbery, valuable items, i.e., portable color televisions, two air rifles, a .40 caliber shotgun, a CB radio, stereo equipment, an eight-track recorder, cameras and projectors, which were all clearly visible, were left untouched. The police later discovered a wall safe which contained $4,770 in cash which also had not been opened. In addition, the fact that all windows were intact, no phone lines were cut, the back door was locked, and there were no markings on the front door to indicate a forced entry made a home invasion even more unlikely.

Officer Christopher Markussen, evidence technician for the Elk Grove Village police department, testified that no foreign substance, except dirt, was found on the knife which Investigator Rose discovered lying next to the front stoop, and there were no pry marks on any doors.

Dr. Robert Stein, chief medical examiner of Cook County, testified that on May 8, 1976, he performed autopsies on Frank, Mary and Michael Columbo. Frank’s body contained irregular lacerations caused by a blunt object, four bullet wounds (right side of his face, left side of his face, left lower lip and left side of his head behind the ear) and cuts by a sharp instrument. Teeth were missing from his jaw. Dr. Stein further stated that, although he could not determine the exact time of death, based on the stomach remains and the fact there was no rigor mortis in the bodies, he estimated death to have occurred between 11 p.m., May 4, 1976, and 1 a.m., May 5, 1976. On cross-examination, Dr. Stein indicated that if it were shown that Mary Columbo had spoken to her nephew on the morning of May 5, 1976, approximately 6 a.m., he could reasonably adjust his opinion as to the time of death.

Robert Gonsowski, trained expert in blood identification and a microscopist, testified that the liquid blood samples from Frank and Mary Columbo were not suitable for comparison with blood found on recovered evidence because the samples were contaminated with bacteria due to putrification. Michael’s blood sample, however, was suitable and subsequently typed as being Group A, MN subgroup. The blood on items recovered from the Columbo residence wa also classified as Group A blood. These items included a pair of scissors, a trophy, and a piece of glass. There was no blood on the recovered knife or on defendant DeLuca’s shoes which had been taken from his apartment at the time of his arrest. Markings on the trunk of the Columbo’s Thunderbird which may have been blood were contaminated and, thus, unsuitable for comparison. On cross-examination, Gonsowski indicated that 40% of the population has Group A blood and half of that group, or 20% of the population, has MN subgroup.

Susan M. Twardosz, criminalist at the Illinois Bureau of Identification and specialist in the firearms and toolmark section, testified that Officer Gonsowski gave her four complete bullets and a fragment of a fifth to identify. By using a comparison microscope, Twardosz identified the bullets and fragments as .32-caliber. Further, she identified the nonmutilated bullets as coming from the same weapon which, in her opinion, was a .32-caliber gun. She could not discern with certainty whether the projectiles were fired from a rifle, automatic or revolver. In addition, Twardosz testified that her examination of four locks taken from the doors of the Columbo house revealed that nothing but a key had been used to open them. On cross-examination, however, Twardosz admitted that a lock could be opened with shim device such as a credit card or thin-bladed knife and escape detection. Some of the locks taken from the Columbo house were equipped with an antishim device.

Michael Podlecki, criminalist employed by the Illinois Bureau of Identification, testified as to his examination of the hair standards found on Michael Columbo’s T-shirt. See section III-J of this opinion for a detailed discussion of Podlecki’s testimony.

Blair Schultz, criminalist employed by the Illinois Bureau of Identification in the trace section, trained in glass analysis, testified as to her findings regarding 28 exhibits she received from the crime scene, from a 1968 Buick which defendants had rented around the time of the murders, and from Frank Columbo’s 1972 Thunderbird and 1972 Oldsmobile. Fifteen of the 28 items had glass in them. Schultz stated that there are three ways to analyze glass fragments: (1) fit the pieces together, (2) analyze the chemical properties and densities, or (3) analyze the refractive index of the fragments. By using the refraction method, Schultz concluded that two of the fragments, one from the broken lamp base found on Columbo’s living room floor and one found in the 1968 Buick had the same degree of tolerance and, thus, could have originated from the same source. Schultz substantiated her conclusion by stating that only five times in 1,000 previous glass tolerance tests has glass with the identical degree of tolerance not been from the same source. On cross-examination, Schultz stated that the matched glass fragment recovered from the Buick could have come from any of thousands of pieces of glass with the same optical properties as the lamp base.

Professor Eugene Giles, professor of anthropology at the University of Illinois in Champaign-Urbana, next testified as to his examination of hand-print smudges found on the trunk of Columbo’s Thunderbird. See section III-K of this opinion for a detailed discussion of Giles’ testimony.

Sergeant Henry E. Thomka of the Wood Dale police department, testified that on May 8, 1976, late in the evening, he heard on the teletype that the Elk Grove Village police department was looking for a 1972 Oldsmobile ’98, registered to Frank Columbo. Shortly thereafter, Thomka received a call from another Wood Dale police officer reporting that he had located the Columbo Oldsmobile in the parking lot of a condominium complex in Wood Dale. There was nothing unusual about the car’s appearance. Neither the locks nor the ignition appeared to have been tampered with.

John Leto, resident of the condominium complex where the Oldsmobile was found, testified that when he left for work at 5:30 a.m. on May 5, 1976, there was no car parked in the parking spot next to his. When he returned home later that evening, about 5:30 p.m., Columbo’s Oldsmobile was parked in that spot.

Jack Lilly, owner of Jack’s Top and Trim in Addison, Illinois, testified that on April 30, 1976, he rented a 1968 Buick Skylark to defendant Columbo while her car was being repaired elsewhere. At the time it was rented, the car was filthy inside and out. On May 7, 1976, defendant Columbo called Lilly and told him that the Buick had broken down and she would need another loaner. Lilly then gave her a 1970 or 1971 Mercury to use until her own car was repaired. Lilly towed the Buick to his shop and when he started to work on it, he noticed that the inside of the car was exceptionally clean, although the outside was still filthy.

Investigator Gene Gargano of the Cook County sheriff’s police testified that he assisted the Elk Grove Village police in the processing of Columbo’s Oldsmobile and the 1968 Buick rented to defendant Columbo. Regarding the Oldsmobile, Gargano recovered five fingerprints, and some More and Pall Mall cigarette butts from the ash tray. In addition, he removed a blue blanket from the back seat and part of the roof liner which had red stains on it. Regarding the Buick, Gargano recovered More cigarette butts from the ash tray and from the ground next to the driver’s door while it was parked at Jack’s Top and Trim. Gargano further noted that the inside of the Buick was spotless and smelled of cleaning fluid while the outside was dirty and rusty. Gargano also stated that he had seen defendant Columbo smoking More cigarettes earlier at the Elk Grove Village police station.

Officer Chris Markussen, evidence technician for the Elk Grove Village police department, took the stand again and testified that on May 8, 1976, at the Elk Grove Village police department garage, he pried open the trunk of Columbo’s Thunderbird with a tire iron. At the time, he noted that there were smudges on the trunk which could be seen from five feet away. The smudges were darker maroon or red and could have been made by blood or grease. The next day, Markussen examined the interior of the Thunderbird and recovered glass from the floor, bags from a carry-out restaurant, a white box from the back seat and a bloodied artificial wheat stalk similar to that found next to Mary Columbo’s body. Markussen noted that the ignition was damaged and that one of the windows was shattered. On May 12, when Markussen took the fingerprints of both defendants, he noted that defendant DeLuca was missing the index finger and tip of his middle finger on the left hand. He did not, however, notice any nicks or scabs on defendant DeLuca’s hands. On May 15, Markussen went to defendants’ Lombard apartment and recovered an address book, pad of unruled notebook paper and More cigarette butts.

Lanyon (Lannie) Mitchell, age 25, testified that, in September 1975, while working as a salesman at Franklin Weber Pontiac in Schaumburg, he met Karin Burtt, a friend of defendant Columbo and asked Karin to arrange a date between Columbo and his friend Roman Sobczynski. A short time later, Lannie talked to Columbo personally on the telephone and told her that he would pay her to go out with a friend of his who was heavy into politics. During this conversation, Columbo mentioned that she was living with her boyfriend, but needed the money, and that her father had hit her boyfriend in the head with a rifle butt.

In mid-October, Karin arranged a meeting with Columbo, Lannie and Roman. They went to a nearby lounge and danced and drank for a few hours. While Columbo was dancing with Lannie, she noticed Lannie’s gun and asked him about it. He told her he was a “heavy” and could do favors for his friends, which impressed Columbo very much. When the four left the lounge, Columbo and Karin agreed to follow Roman and Lannie to a motel. However, Columbo drove to Karin’s house instead. When Roman and Lannie realized the girls were not following them, they drove to Karin’s house where Columbo and Karin were sitting out front in Columbo’s car. Roman and Columbo had an argument, after which Roman told Lannie to ride with Columbo in her car and he and Karin would follow them in his car to the Edgebrooke Motel. On the way to the motel, Columbo asked Lannie where she could get an unmarked gun and some bullets. Lannie told her he would get the bullets for her.

The following day, Columbo called Lannie at the dealership and told him that she needed .22-caliber bullets. Lannie got them for her and she picked them up. A week later, Columbo met Lannie for lunch and told him that DeLuca had been practicing with the bullets and they were working out well. She also discussed the animosity between her parents and DeLuca and expressed her desire to have her parents killed. Lannie told her that he could do it for $10,000 per person. Lannie testified that he never intended to kill the Columbos; he merely said he would to impress Columbo in order to have sex with her. After his conversation with Columbo about the hits, Lannie called Roman and told him about it.

Several times during October, Columbo called Lannie and asked him when he was going to kill her parents. Lannie kept stalling by asking her for a rundown on her parents’ activities. Late in October, Lannie told Columbo that his conscience was bothering him and that he wanted to back out of the deal. Columbo refused to let him out. The following week, Columbo gave Lannie some floor plan drawings of the Columbo residence, and told him about the wall safe, the CB radio, televisions, furs and diamonds.

One week later, in November, Columbo met with Lannie and Roman and again asked when the killings would take place. In response, Roman asked her for some front money. Columbo informed him that the money would come after the killings from a life insurance policy. In the interim, Columbo offered sex in payment for their services, which they accepted. That night, Columbo gave Lannie photographs of her family and a dossier of their activities. In mid-November, Columbo met Lannie and wanted him to case the house with her. Instead, the two of them met Roman and had a sex party.

In early December, Columbo again met Lannie and told him that she had been at her parents’ house earlier and had left the patio doors unlocked so that she and Lannie could go there and case it after her parents went out. Lannie noticed that Columbo was carrying a 12-inch knife for protection and suggested that she get a gun instead. Columbo asked him to get her one. When they arrived at the Columbo house, Mary Columbo answered the door. Lannie panicked and drove the car down the street and waited for Columbo. When she returned to the car, Columbo said that she and her mother had argued about DeLuca’s divorce and that she wanted the killings to go down that night. In mid-December, Lannie met Columbo at a bowling alley where she told him that her father had taken out a contract on DeLuca. She insisted that her parents be killed right away.

In January 1976, Roman and Lannie met Columbo in a restaurant and she told them that her little brother had to go, too, because he might figure things out later. She was also upset because she had given sex to Roman and Lannie, but had not received anything in return. She felt that she could do a better job herself. Lannie became upset and knocked a cigarette out of Columbo’s mouth.

Later in January, Lannie and Columbo met again because Columbo wanted him to case the house. She said that she had just been there and left the sliding patio doors open; but when they got there, the doors were locked. They went back to the restaurant where they met Roman. Columbo complained about the delay and said that DeLuca was getting anxious, too. At that point, she called someone on the telephone and Roman talked to him. Later, Roman told Lannie that he had talked to De-Luca.

In early February, Roman called Lannie and said that Columbo wanted to meet them at a restaurant. Columbo drove up in a 1973 Javelin, kissed the driver and got out. Lannie later learned that the driver was DeLuca. Once inside, Columbo told them that she and DeLuca were upset about the delay and either Lannie would do the hits or she would get someone else to do them or even do them herself. The three of them then drove over to the empty apartment of one of Roman’s friends to have sex. When they got there, Columbo pulled a Derringer out of her purse and pointed it at Lannie, commenting on how easy it was to kill someone. She put the gun away and had sex with Roman. Later that night, Lannie told Roman that he thought Columbo was crazy and that he wanted out.

In mid-March, Lannie called Columbo and asked her about the front money. She said that neither she nor Frank had the money and again asked when the hits would go down.

On May 14, 1976, when Lannie arrived at his Lake Villa home, the police were waiting for him. They asked him if he knew a girl named “Pat” and proceeded to search his house. Lannie gave the police his .38-caliber pistol plus the floor plan drawings Columbo had given him and the dossier on her parents. The police then took Lannie to the Elk Grove Village police station where he gave them a statement regarding his association with defendant Columbo. Subsequently, on May 21, 1976, Lannie received a letter of immunity from the State’s Attorney which stated that he would not be charged with conspiracy in consideration for his testimony. However, immunity would not extend to charges of murder if the evidence in any way revealed he was involved with the killings.

On cross-examination, Lannie testified that everything he told defendant Columbo was a lie and that he carried out the hit man hoax only to obtain sex. On redirect, Lannie further stated that defendant Columbo never said that DeLuca wanted her parents killed. It was totally Columbo’s idea, although DeLuca did go along with it.

Next to testify on behalf of the State was Roman Sobczynski (Roman), age 34, married with three children, recruiting officer for the Cook County Department of Personnel. Lannie introduced Roman to defendant Columbo in October 1975 on a date prearranged by Lannie. That evening both Roman and Lannie were wearing guns to impress Columbo. Roman’s gun was a .38-caliber revolver.

In mid-