People v. Pertz (242 Ill. App. 3d 864, 1993)

JUSTICE UNVERZAGT

delivered the opinion of the court:

Defendant, Paul Thomas Pertz, was charged by indictment with the offense of first degree murder (111. Rev. Stat. 1989, ch. 38, pars. 9 — l(aXl), (aX2)). The indictment charged defendant with causing the death of his wife, Jane Casey-Pertz, on October 12, 1990, by pushing her and striking her with a baseball bat with the intent to kill her and with the knowledge that such acts created a strong probability of death to her. Following trial, the jury returned a verdict of guilty. At a subsequent sentencing hearing the trial court sentenced defendant to 45 years’ incarceration. This appeal ensued.

On appeal, defendant raises 14 issues: (1) that the trial court erred in denying defendant’s motion to suppress his statement and quash his arrest; (2) that the trial court erred in denying defendant’s motion to suppress evidence seized during several alleged consent searches; (3) that the trial court erred in denying defendant’s motion to quash the search warrant; (4) that the trial court erred in limiting the cross-examination of the State’s forensic pathologist and the direct examination of defendant’s expert neurologist; (5) that the trial court erred in restricting the testimony of defendant’s expert witness psychiatrist; (6) that the trial court erred in handling the State’s motion in limine regarding the testimony of defendant’s expert witness psychiatrist; (7) that comments by the prosecutor during rebuttal argument were highly prejudicial, depriving defendant of a fair trial; (8) that the trial court abused its discretion in allowing certain photographs to be published to the jury and to be considered by the jury during its deliberations; (9) that the trial court erred in allowing the State to question the defendant’s expert psychiatrist about the amount of his fee; (10) that the trial court erred in giving the State’s instruction No. 8, defining “knowledge,” and instruction No. 11, pertaining to the completion of the verdict forms; (11) that the State failed to prove defendant guilty beyond a reasonable doubt of first degree murder; (12) that defendant’s sentence of 45 years was excessive; (13) that defendant was denied a fair sentencing hearing; and (14) that defendant was denied due process by the State’s systematic exclusion of males from the jury.

Defendant filed a series of pretrial motions, including motions to challenge the voluntariness of his confession and the legality of his arrest, motions challenging the legality of searches made pursuant to consent, motions to quash a search warrant, and motions to suppress. A hearing was held on April 1, 1991, on defendant’s motion to suppress statements, motion to suppress consent searches, and a motion to suppress evidence. At that hearing Ronald Fry, a lieutenant with the Libertyville police department, testified that on October 13, 1990, he was advised to look into a missing person’s report filed by defendant. He telephoned defendant, who asked him to come to his residence. Fry stated that he had known defendant in the past when defendant “rode with” an officer who had been in the department. When Fry arrived at defendant’s residence, he observed that defendant appeared nervous but otherwise neat and normal. He was not under the influence of alcohol or drugs. Fry took information and filled out a missing person’s form, which defendant signed.

On October 14 at 11 a.m., defendant asked Fry to return to defendant’s residence to straighten out a misunderstanding as to the shoes defendant’s wife had been wearing when she disappeared. Fry went with Detective James Schlesser in an unmarked vehicle that did not separate the backseat or lock to prevent the backseat passenger from exiting. Defendant was dressed casually, demonstrated a normal demeanor, and was not under the influence of alcohol or drugs. Defendant invited the officers into the residence, where two other people (the Stebers) were already present. Defendant asked the officers to go upstairs to check clothing and shoes in the master bedroom closet. Fry told defendant that he would first like defendant to sign a form consenting to the search. Defendant asked why he had to sign when he had asked the officers to come to his home. After Fry explained the nature of the form, the reason for the consent to search, and told defendant that he did not have to sign it, defendant signed the form. The officers proceeded with defendant to the upstairs bedroom. From there they went into each room in the house and into the garage. Defendant never indicated he did not want the officers to enter the other rooms, and he was very cooperative.

At approximately 3:15 p.m. that same day, Fry asked defendant if he would mind coming to the police station. Because there was so much activity at the house, the officer wanted to straighten out some contradictions in defendant’s report in a place affording a little more privacy. Fry recalled that defendant appeared nervous but did not seem tired and was not under the influence of alcohol or drugs. Defendant rode to the police station in the front seat of the squad car on the passenger’s side. He was not handcuffed or touched, nor was he under arrest. Fry said that had defendant been arrested, he would have been handcuffed, transported in the backseat of the squad car, and taken to a garage area within the station. Fry parked the squad car outside the station. At no time was defendant patted down for weapons.

To enter the police station, Fry had to use a key or be buzzed into the department. Fry took defendant to a conference room; he did not take him to the booking room. Fry stated that there was a door next to the conference room that exited to the outside and that it was not locked. Fry explained to defendant that Fry wanted to go over the case report with him from start to finish. He then left defendant to get some papers. According to Fry, he never locked the door to the room.

Fry returned to the conference room with Detective Charles Bell. Defendant appeared fine and normal and was not emotional or crying. The officer sat down and talked to defendant for half an hour to 45 minutes. Fry recounted that defendant was occasionally a little emotional but otherwise seemed fine and very cooperative. The officers went through the entire report with defendant and noted several discrepancies. The officers then excused themselves to get some coffee. Defendant was left alone in the room for about 10 minutes. The officers did not lock the room, and the defendant was not in handcuffs.

Fry said that the officers returned and closed but did not lock the door. They informed defendant that the car defendant had reported missing had been located and that a female body had been found in the trunk. They read defendant his Miranda rights at that time. When Fry asked whether defendant understood the rights, defendant responded affirmatively. Defendant signed the Miranda form when requested. Fry stated that, either at that time or after his rights were read, defendant asked the officers whether he was under arrest, and the officers replied negatively. According to Fry, defendant did not invoke his right to remain silent, refuse to answer questions, or request an attorney. The officers did not promise him anything or coerce him. At one point, defendant asked whether he should get an attorney, and Fry responded that it was defendant’s decision. Fry recounted that defendant said nothing more about an attorney and continued answering questions.

The officers asked defendant to look at a picture of the body found in the trunk for purposes of identification. Defendant identified the body as his wife; he became distraught and began sobbing.

Fry said that he remained in the conference room only 10 minutes and then left defendant with Detective Bell. Fry returned over one hour later after defendant had confessed. Defendant agreed to show the officers where he had disposed of some of the evidence. The officers used the same squad car with no barricade that Fry had used earlier to transport defendant. Defendant was not handcuffed and the officers did not hold him as he walked to the car. Also, the car door was not locked. Fry recalled that defendant was cooperative and directed the officers to various locations where he had disposed of the evidence. After they returned to the station, defendant was asked for consent to search his truck. Defendant said that that was no problem and signed the consent form.

On cross-examination, Fry stated that the missing car had been found at approximately 5:30 a.m. and that he had learned of this when he arrived at the station at 6:30 a.m. Fry understood that a search warrant for the car was being prepared and that it was issued at 9 a.m. Fry was present when the car was searched at 9:20 a.m. He was not certain of the identity of the body.

With reference to the form giving consent to search defendant’s house, Fry stated that he had filled out the entire form before asking defendant to sign it and that he told defendant that he did not have to sign it. After finding spots on the garage floor, Fry called for an evidence technician. Five to six officers eventually arrived at the house. Fry stated that he offered to drive defendant to the station in the squad car but would have allowed defendant to take his own car if he had asked. At the police station it was necessary to use a buzzer system to enter but not to exit, and defendant could have left any time he had wanted.

Fry testified that when the Miranda warnings were read, he asked whether defendant understood them and asked him to sign on the signature line. He told defendant that he did not have to sign the Miranda form. Fry denied that he told defendant that defendant did not need a lawyer or that defendant indicated to the officers that he no longer wanted to talk. When defendant consented to the search of his truck, Fry filled out the form before the defendant signed it.

Fry stated that defendant was shown his wife’s picture for purposes of identification and repeatedly denied that it was an interrogation technique.

James Schlesser testified that he was a detective on the Liber-tyville police department in October 1990. At about 10:30 a.m. on October 13, he asked defendant to come to the department to talk about his missing wife. Schlesser related that defendant either drove himself or came with a friend and was taken to an interview room when he arrived. His friend remained in the lobby. Defendant appeared nervous during the interview and cried occasionally although Schlesser characterized it as “an act.” Schlesser acknowledged that defendant did not appear to have been under the influence of drugs or alcohol during the interview. After the interview Schlesser thanked defendant for coming to the station, and defendant left.

The next day at 7:55 a.m. defendant called Schlesser at the station to ask whether his wife or her car had been found, to say that the shoes his wife had been wearing were in the house, and to describe an altercation his wife had had with others.

Later that day, after Fry had received a call from defendant, Schlesser accompanied Fry to defendant’s house. According to Schles-ser, defendant asked the officers to look around the house, and Fry gave defendant a consent form to sign. Defendant questioned the need to sign the form since he had invited the officers to look around. Schlesser recalled that the officers did not threaten or promise defendant anything to sign the form. Defendant was told that he did not have to let the officers in the house, and he did not have to consent to the search. Defendant did not indicate that he wanted to limit the search to the bedroom closet.

Charles Bell, a police detective for the Village of Libertyville, was called into work on October 14, 1990, to investigate the murder of Jane Casey-Pertz. He met with defendant at 3:30 p.m. in an interview room at the police department. When he first saw defendant, defendant was sitting with Lt. Fry, unemotional, and not under the influence of alcohol or drugs. Bell closed the door to the interview room but did not lock it. The two officers spoke with defendant for approximately an hour and a half about his wife’s disappearance. During a break, defendant was left alone in the room with the door unlocked. He was not under arrest, and if he had chosen to leave, he would have been allowed to do so.

Schlesser recalled that at 5:15 p.m. the officers reentered the room and told defendant that they had found the missing car with a female body in the trunk. Defendant “kind of whimpered a little bit” upon being given that news. After defendant was shown a photograph of the body, Fry read the Miranda rights. According to Bell, defendant appeared to listen and understand the form, and he signed it after looking at it. No promises or threats were made by the officers. Defendant never invoked his right to silence or asked for an attorney. When defendant asked whether he needed an attorney, the officers responded that that was his decision. Bell recounted that Fry left about 15 minutes later. Defendant then told Bell what had happened and executed a statement.

Schlesser stated that defendant was not arrested until much later that evening. Before his arrest, he accompanied Bell and Fry to find evidence. Defendant was not handcuffed during that time, and he was cooperative. Bell recalled that defendant was readvised of his Miranda rights before accompanying the officers and before giving his written statement upon his return.

On cross-examination, Detective Bell stated that he did not know defendant well before the incident. He could not recall whether he escorted defendant to the bathroom during the interview but said that

defendant could have gotten up and walked out any time until his arrest. Bell explained that Fry left the room because Fry had known defendant for a long time and felt that his presence was hindering the interview. Bell denied that defendant had any conversation in which defendant said he would acknowledge his rights but would not waive them. Bell also denied that defendant requested an attorney or that the officers persuaded him to forego an attorney; that either officer said that defendant should tell them what happened so they could all go home; that if defendant made a statement, they would get him an I-bond; or that if he made a statement, they would tell the judge the incident was an accident. Bell stated that the photograph of the body was shown to defendant for purposes of identification. After defendant asked whether he should get an attorney, the officers repeated the Miranda warnings.

Janice Steber testified that she had worked with the victim and knew the victim and defendant socially. On October 14, 1990, she called defendant to find out whether defendant’s wife had been found; she went over to the house at 8 a.m. Steber said that defendant appeared upset but did not seem to be under the influence of alcohol or drugs. She was present when defendant called the police and recalled that they arrived at 11 a.m.

According to Steber, defendant let the officers in and stated that he wanted them to look in the closet. The officers handed defendant a paper, explaining that it was not a search warrant but would give them permission to search the house and remove any evidence. Steber stated that defendant said that he did not think he should sign it, and the officers responded that they could not search without his permission. Finally, Steber recounted that she said “sign the gawd damned paper, they are trying to find your wife.” Defendant appeared to read the paper and then signed it.

The two officers, Steber, and defendant went upstairs. Defendant showed the officers an item of clothing in his bedroom closet. They then went through the remainder of the house with defendant leading and explaining the functions of the rooms. In the garage defendant provided a flashlight and opened the garage door at the officers’ request.

Steber recounted that before defendant left with Lt. Fry he told Steber that he did not want to leave with all the policemen in the house. Defendant asked Steber and her husband to stay, and they assured him that they would. Defendant explained to Steber that he was told that the officers wanted to go over his statements and that there was too much confusion in the house.

On cross-examination, Steber said that she understood from the officers’ explanations of the consent form that they would search more than a closet. After they looked into the closet, either she or defendant asked them where they wanted to start. Occasionally, Fry asked defendant to open certain areas and defendant complied. Steber compared the search to a real estate walk-through.

Defendant testified that on October 14 Jan Steber and her husband arrived at defendant’s house. Steber had offered to help with the description of the clothing worn by defendant’s wife. Defendant called Lt. Fry sometime between 9 and 10 a.m. and asked him to come over to the house, saying that Steber could assist in providing a description of the clothing. Fry arrived between 1 and 1:30 p.m. accompanied by Detective Schlesser. Defendant recalled that he opened the door and invited the two officers into the house. Defendant talked to the officers about looking into the closet. Fry gave defendant a sheet of paper and said that he had to sign it or else they could not look into the closet. According to defendant, the paper had only been filled in with the date. Fry filled in the other portions after defendant signed and returned the paper although defendant could not see what he wrote.

Defendant related that the officers, Steber, and he went up to the bedroom closet where Steber pointed out items similar to those she thought the victim had been wearing. After she exited the closet, the officers “started wandering around” the bedroom and into the bathroom. Defendant said that he did not dissuade them. He explained that Fry, Steber, and he were talking while Detective Schlesser detached himself from the group.

According to defendant, Fry led them out of the bedroom, walked into a second bedroom, and asked what it was. Defendant replied that it was a spare room. When Fry asked to look into a closet, defendant said, “Sure,” and opened the door. Defendant said that he also opened a black bag containing a comforter when Fry asked to see it. Defendant stated that this pattern of conduct continued in the upstairs area. When they went downstairs, Fry asked to look into the entry closet, and defendant opened it. Defendant said that he did not feel he could refuse because “[t]hese guys are uniformed and that and they seemed very official and just seemed like he wanted to go everywhere.”

Defendant testified that he went to the Libertyville police station at about 3:30 p.m. that same day. After he had been there for some period of time, but before he was given his Miranda rights, Fry placed a sheet of paper in front of him and said that he needed his signature on it so the police could search defendant’s truck. Defendant was told that “this is just like the form before except it’s for your truck.” Defendant could not recall anything on the sheet. Defendant said that he did not feel that he could refuse the request. Defendant stated that he had seen officers looking into the truck before he was taken to the police station and that he gave police a key to the back of the truck when he signed the form.

Defendant recalled that on October 14 Fry asked him to go to the police station so they could go over defendant’s previous statement. Fry explained that there was “just too much commotion around here.” Defendant said that he intended to drive himself and told Fry that he would meet him there in a little while. Fry responded that he would take him. When defendant insisted that he wanted to wait until “all these people” were gone, Fry repeated that defendant should come with him and do it now. Defendant said, “Okay,” grabbed his jacket, and got into the squad car. Defendant said that he rode in the front passenger seat and that, on arrival at the station, he and Fry walked in through the west entrance of the building.

Defendant described the security door to the building, saying that he “buzzed” the door while Fry opened it. Defendant said that he was very familiar with the building through his work with the telephone company and that he used to hang around with some of the older officers, often riding along with them on their shifts.

Defendant stated that he was alone in an interview room for approximately five minutes and then was joined by Fry and Detective Bell. His conversation with the officers lasted approximately an hour and concerned his whereabouts on the night in question. The tone of the conversation was friendly.

Following this conversation, Fry left and then returned with a consent form. He left again and returned with another form. Defendant asked how much longer the interview was going to take, saying that he had to go home to let the dogs out. According to defendant, Bell responded that they would stay all night if they had to to “get to the bottom of this.” Defendant said that the officers got “kind of testy,” and defendant did not feel that he was free to leave. As Bell was leaving the room, defendant asked whether he could use the bathroom, and Bell accompanied him and waited while he used it¿ Defendant said that he knew where the bathroom was located. Bell then escorted defendant back to the interview room and told him to wait there; the officers would be right back.

When the officers returned, Fry handed defendant “the Miranda.” Defendant could not recall whether any of the form was filled out. Defendant recalled that Fry said, “I need you to sign this, Tom.” According to defendant, he began reading the warnings and recognized them from television programs. He said that he did not want to sign the form, that he thought the officers were placing him under arrest, that he wanted an attorney, and that he did not want to waive any rights. The officers told him that he was not under arrest and that his signature would acknowledge that he had received his rights. According to defendant, the officers said they would have to turn “it” over to “them” if he refused to sign. Bell referred to “the big guys” when defendant asked who was meant by “them.” An argument regarding waiving his rights continued for approximately 15 minutes and then defendant signed the form, stating that he was acknowledging but not waiving his rights.

It was defendant’s testimony that he repeated his request for a lawyer several times that evening. According to defendant, he was told that he did not need one and that he could call one later. Defendant recalled that he was not shown the photograph of his wife until after Fry left. Bell told defendant that the police knew that “something’s not right.” The officer said that they found the car and then told defendant that they wanted him to identify the photograph. Defendant broke down in tears and started crying. Defendant said that he had been awake for 60 hours, that he had been distraught and upset, and that he had been taking prescription and nonprescription medication.

Defendant testified that he again stated that he did not want to waive his rights when he was being taken out to find evidence. After the officers and defendant returned to the police station, defendant was taken back to the same interview room and told to have a seat for a minute. According to defendant, the officers returned no more than five minutes later and took him to the booking room. At that time, defendant prepared his written statement. Bell did not readvise him of his rights. It was defendant’s testimony that he was told that the officers just wanted to help him, that they knew it was an accident, that they would tell the judge that it was an accident, and that the judge would probably set a bond and allow defendant to go home.

On cross-examination, defendant said that he went to the police station at 4 a.m. Saturday, October 13. Later that afternoon, he returned to the station to talk to Detective Schlesser. The conversation occurred in the same interview room used the next day. When he left the room, Schlesser ushered him out to the lobby. Defendant knew that he did not have to be buzzed out to go from the police department into the lobby of the building.

Defendant admitted that when he went to the station with Fry that he was not handcuffed or pulled by the arm. He said that he felt he was under arrest when he said he had to feed the dogs and was told the police would not be done until the matter was cleared up.

Following argument, the trial judge ruled that the first two consents, i.e., to search defendant’s house and to search his truck, were given freely and voluntarily. The court found that defendant was not in custody when he was taken to the police station, that the police testimony was more credible as to the circumstances regarding the giving of defendant’s rights, that the police engaged in no improper conduct, and that defendant was not placed under arrest until after he gave his statement.

The trial by jury of this matter began on June 3, 1991. Karen Stift, a dispatcher for the Libertyville police department, testified that defendant came into the station on October 13, 1990, at 4 a.m. to report that his wife was missing and had not come home after work. She described the efforts that defendant claimed to have made to find his wife by checking her workplace and the restaurant at which they had planned to eat.

Donald Johnson, a Libertyville police officer, testified that his routine patrol took him to a parking lot in the Forum Square area at 5:30 a.m. on October 14, 1990. He found a vehicle that had been reported missing and arranged to have it towed. While waiting for the tow truck, he observed what appeared to be blood on the back of the car.

Paul Jennings, a Libertyville police officer, witnessed the search of the car on October 14, 1990, at 9:20 a.m. WThen the trunk was opened, he saw a female body lying crossways on its right side with the head toward the passenger’s side. He observed the injuries to the head and face. At 12:10 that same day Jennings was assigned to “take charge” of the car and body for purposes of chain of evidence.

Lt. Fry testified that on October 13, 1990, at 7:15 a.m. he was called by a Waukegan police officer who had been asked to look into a missing person case involving the name of Pertz. Later that morning Fry went to defendant’s home and saw defendant, Adam Clark, and Bill McCaffrey. According to the officer, he questioned defendant about his wife’s disappearance. Defendant said that there were no problems and that he could not give a reason for the disappearance. Defendant told Fry that he had talked to his wife at work at 6:30 p.m., that they had made arrangements to meet at 7:30 p.m. at the yacht club, that he thought she had been home because he found her portable phone there, and that he found a woman who had talked to his wife by car phone at 7:30 p.m. Fry related that the defendant showed the officer a track in the backyard, which Fry believed to have been made by a tire or a garbage can.

Defendant also reported his own movements to the officer, safing that he went to the yacht club at 8:30 p.m. and called his wife at 9:30 p.m. to see where she was, leaving a message on the answering machine. Fry further stated that defendant told the officer that he left the club at 10:30 p.m., spent time on his boat because he was not feeling well, and then went home, arriving at 12:30 a.m. or 1 a.m. When he arrived, he woke up Adam Clark, a friend who lived at the Pertz house, and the two of them checked the victim’s route home and her mother’s house. At 4 a.m. they went to the police station.

Fry testified that on October 14 he received a message that defendant had called, and the officer returned the call. Defendant asked Fry to come to his residence to clear up a misunderstanding about the shoes that his wife had been wearing. Fry went to the house at 12:30 p.m. accompanied by Detective Schlesser. Fry described the search of the house and the discovery of spots appearing to be blood on the garage floor in the area where the rear of the second car would have been parked.

At 3:15 p.m. on the same day Fry stated that he requested defendant to come with him to the station, where they were joined by Detective Bell. Defendant recounted his supposed actions on the night of the victim’s disappearance. Fry recalled that defendant stated that he did not have any domestic or marital problems and had no financial problems. Defendant told Fry that there had been one argument with his wife regarding a boat race and defendant’s drinking. Defendant also stated that there had been no sexual activity between his wife and him due to his high blood pressure medication. Following a break, the officers had defendant identify a photograph of his wife and gave him Miranda warnings. According to Fry the officers told defendant that there were inconsistencies in his statements and that they did not think he was telling the truth. At that point, Fry left the conference room.

At 6 p.m. defendant, Bell, and Fry went with defendant pursuant to defendant’s agreement to help them recover evidence. The officers first recovered a baseball bat off the banks of Liberty Lake and a bag of rags from a dumpster in an unincorporated manufacturing complex. Defendant directed the officers to two additional areas to find shoes and a wallet, but they were unsuccessful.

Janice Steber testified that she had known defendant for about 25 years and considered him a friend. She knew the victim for five years and had worked with her. Steber last saw the victim at 2:30 p.m. on Friday, October 12, 1990; she was alive and well. According to Steber, defendant called her at 5:30 a.m. on October 13, told her that his wife had not come home the evening before, and asked whether Steber knew where she was. Steber and her husband drove the victim’s route home to see whether she had had an accident. When she saw defendant that day, he appeared concerned, upset, and was crying but otherwise normal.

Steber testified that the next day, October 14, she called defendant at 7 a.m. Defendant asked her to come over to see whether a pair of shoes the victim had been wearing was in the house. Steber and her husband went to defendant’s house. Defendant appeared concerned but was more in control of his emotions.

Robert Bjork worked as a bartender at the yacht club in Wauke-gan on October 12, 1990. He saw the defendant come in at 8:30 p.m. Bjork recalled that defendant, who always took the same bar stool unless it was occupied, took a stool in a different section of the bar. Bjork approached him and asked whether he was ready for a drink. Bjork did not see defendant leave.

Jasper Amedio testified that on October 12 he was at the yacht club between 8:30 and 9 p.m. with his wife, Kim Richards and his wife, Ed Cohen and his wife, and Jim Spiegel. Amedio saw defendant at the bar and engaged in a discussion with him and Randy Clair regarding yacht club affairs. According to Amedio, defendant was acting normally that night.

David Poulton, an investigator with the Libertyville police department, testified to a notification he received from William McCaffrey. McCaffrey had taken a call while at the Pertz home from Sandy Dur-rough, whose father, William, had found credit cards and identification belonging to the victim in a dumpster near the lakefront in Waukegan. Poulton stated that he investigated the site and found other items of identification. The dumpster was a block and a half to two blocks from the yacht club.

William McCaffrey knew defendant and his wife for three years through the yacht club. McCaffrey had also been a Waukegan police officer. On October 13 he received a call from defendant between 4:30 and 5 a.m. According to McCaffrey, defendant appeared upset and told him that “Jane did not come home last night.” When McCaffrey arrived at defendant’s house, he observed that defendant seemed to be a concerned husband and tried to calm him down. During his conversation with defendant at the house, defendant gave a detailed report of his activities on the evening of October 12. At McCaffrey’s suggestion the two men checked the house. McCaffrey stated that he observed that the floors of the kitchen, the mud room, and the hallway were spotlessly clean. He noticed that the house was dusty with cobwebs above waist high. Defendant said that a cleaning lady had just been there. Defendant then “blurted out” that “someone’s been in here,” stating that a door was unlocked. According to McCaffrey, defendant opened the door and said, “Oh, my God.” When McCaffrey asked him what was wrong, defendant answered that “somebody dragged something through the grass.” McCaffrey saw two drag marks. He restrained defendant from going outside and said that they should wait for the police.

McCaffrey stated that defendant and he continued into the garage where McCaffrey saw that defendant’s car was parked “right in the middle” of the garage and that there was a garbage container by the door with wheels that appeared to be the width of the drag marks in the yard. Defendant told McCaffrey that everything in the garage appeared fine. As they walked back into the kitchen, defendant said, “Oh my God, Jane’s been home.” McCaffrey stated that defendant showed him a red bag sitting on a table and said that she never went anywhere without the red bag. The red bag held her car phone.

McCaffrey recalled that defendant said that he did not want to wait 24 to 48 hours to make a police report and asked McCaffrey what he could do, as a former police officer, to move things along. McCaffrey said he spoke with Lt. Sroka of the Waukegan police department. A short time later, Lt. Fry arrived at defendant’s house. As Fry began questioning defendant, defendant asked McCaffrey to remind him of a detail. McCaffrey responded that defendant should tell the story as well as he could. McCaffrey said that Fry was told about the open door and drag marks in the yard. As they looked at the area, defendant observed that the bottom of the gate appeared to have been kicked in. McCaffrey observed that the damage appeared recent. As they reentered the house, McCaffrey noticed that even after he cleaned his shoes, they left mud and grass clippings on the floor.

McCaffrey stated that after Fry left he accompanied defendant to the home of the victim’s mother and then went with defendant for breakfast. When the two men returned to defendant’s house, McCaf-frey discussed previous cases involving confessions in a manner so as to give defendant an opportunity to speak if there was anything he wanted to say. During the entire morning, defendant seemed emotionally upset, but, according to McCaffrey, did not appear to have anything physically wrong with him and did not complain of feeling ill.

After receiving a telephone call, McCaffrey said that he drove defendant to the police station and waited an hour and a half. Defendant’s parents came to the station during the wait, and McCaffrey left defendant with his parents. McCaffrey saw defendant later that evening. Defendant was emotional but carried on a normal conversation.

Dr. Larry Blum, a forensic pathologist, testified to his qualifications and the nature of his specialty. He stated that he performed an an autopsy on the body of Jane Casey-Pertz on October 15, 1990. In examining the body externally, he noted an inch-and-a-half laceration over the right eye, gaping to three-quarters of an inch. The soft tissue around both eyes was bruised and swollen as was the left temple region. There was a one-millimeter defect at the back of the head.

Internally, Dr. Blum found skull fractures involving both sides of the head, while the soft tissue and muscle beneath the scalp showed bleeding or hemorrhage or large bruises. Blum stated that there was bleeding overlying the brain on both sides of the head as well as bleeding on the surface of the brain under the membrane. The brain tissue was bruised, more on the right side than on the left. There was hemorrhage within the ventricular cavities. Dr. Blum said that he found blood in the trachea as well as the stomach; this indicated a period of survival between the injury and the death. Dr. Blum opined that the two injuries to the head were consistent with a baseball bat. He judged that the victim died of respiratory failure due to multiple blunt trauma to the head resulting from a beating. According to the doctor, death would have ensued within 5 to 15 minutes of receiving the injury. The one-millimeter defect on the back of the skull would not have caused death.

Dr. Blum stated that, in his opinion, the victim was struck a minimum of two times with the bat. One of the blows was delivered in a downward direction as it struck the right forehead; the other was straight to the side of the head. Dr. Blum said that the wounds could not have been inflicted while the victim was facedown. She could have been either standing or lying face up when the injury to the left temple was inflicted and was most likely, according to the doctor, lying face up when the injury to the right top of the head was inflicted although she could have been standing.

Dr. Blum stated that the “defect” on the back of the victim’s head was “just a little tiny opening there. Not deep at all *** it might be just a little superficial cut.” He stated that it would not bleed very much because it was so superficial. According to the doctor, there was no bruising, no scraping, and no abrasion around it.

Randall Clair testified that he is a member of the Waukegan Yacht Club and knows defendant. He was at the club on October 12, 1990, ate dinner, and went to the bar area at about 9:15 p.m. where he saw defendant at the bar. Defendant appeared perfectly normal. Clair stated that at one point he asked defendant whether defendant and his wife would like to sit with him at an upcoming event. Defendant told Clair that he would check with his wife and let Clair know. Clair left the yacht club with defendant at 10:30 p.m. and saw defendant get on his boat.

Calista Woodbridge worked with the victim on October 12, 1990. She noticed that the victim was not at her desk at 7:30 p.m. and received a call from her at 7:20 or 7:25 p.m. Woodbridge hung up at 7:25 or 7:30 p.m.

Adam Clark lived with defendant and his wife on October 12, 1990. On that date he returned home at 9:30 or 9:35 p.m. According to Clark, he noticed nothing unusual about the house. He went to bed at 11:30 p.m. and was awakened at 1 a.m. by defendant, who asked whether he knew where Jane was. The two men went out to look for her. Clark stated that he was not paying attention to defendant’s condition but noted that he was worried about his wife and that he seemed to be able to drive. The men looked at the victim’s mother’s house, the victim’s office, and a hospital parking lot, returning home by the route the victim would have used. They checked near the yacht club and then went to the Libertyville police station between 4 and 4:30 a.m. to file a missing person report. Afterwards, the two men went home.

Detective Charles Bell testified that he was contacted at 5:30 a.m. on October 14, 1990, and told that the car belonging to Jane Casey-Pertz had been found. Bell said that he directed the car to be towed to the station. When he inspected the car, he saw what appeared to be blood droplets on the rear bumper and taillights. Bell obtained a search warrant and then returned to search the vehicle, finding the body of Jane Casey-Pertz in the trunk.

At approximately 3:30 p.m. Bell met with defendant and Lt. Fry at the police station. The first part of the conversation lasted an hour and a half and concerned defendant’s whereabouts on October 12. Bell stated that the two officers then took a break for 10 to 15 minutes. When they returned, Fry read defendant his Miranda rights and then advised him that his wife’s car had been found with a body in it. Fry showed defendant a photograph for identification. Defendant identified the body as his wife. According to Bell, Fry left the room and soon after that defendant stated that he did not mean to kill his wife, that it was an accident.

Bell related that in his statement defendant explained that his wife and he had had an argument when she arrived home at about 7:15 p.m. and that he had lost control, grabbed her by her coat, and pushed her. She fell backwards and hit her head on the kitchen floor. Bell said that defendant told the officers that he saw a large amount of blood and urine on the kitchen floor. Defendant told the officers that he was scared and knew that she was dead. After walking around the kitchen because he did not know what to do, defendant decided to make it look as if his wife had been attacked. According to Bell, defendant said that he got an aluminum baseball bat from the garage and hit his wife with it once or twice in the head. He then put her body in the trunk of the car along with the bat and left to drive around. Defendant told Bell that he drove aimlessly and then decided to throw the bat into Liberty Lake, two miles away. He then parked the car and walked home.

At home, defendant used a couple of rags and a sponge to clean up the kitchen floor. He changed his clothes and then gathered his clothes, the rags and sponge, the victim’s purse and shoes, and his own shoes. He left the house and disposed of these items in various places before going to the yacht club.

Bell stated that after defendant made his statement, he showed Bell and Fry where he had disposed of the evidence. The baseball bat, the rags, defendant’s left shoe and defendant’s shirt and jeans were found. Defendant directed the officers to the places where he had left the victim’s shoes and purse, but they were not found.

After the officers and defendant returned to the station, Bell recounted that he asked defendant to give a written statement, and defendant agreed. The written statement was very similar to his oral statement.

Detective James Schlesser testified that he asked defendant to come to the police station on October 13 to discuss his wife’s disappearance. Defendant’s statement concerned his original description of his movements on October 12. According to Schlesser, defendant seemed very nervous during the interview.

On October 14 Schlesser received a telephone call from'defendant, asking the officer about any developments and advising him that defendant was unsure of a detail in his statement. Schlesser related that he accompanied Lt. Fry to defendant’s home at approximately 11:40 a.m. on the same date. Schlesser recounted the consensual search of the house and the discovery of blood and a shoe print in the garage. Schlesser said that defendant’s vehicle was parked in such a way that parking the victim’s car in the garage would have been almost impossible.

The parties stipulated that, if called as a witness, William Wilson, a forensic chemist, would testify that bloodstains found on a blanket, two towels, and the car were consistent with the victim’s blood and inconsistent with defendant’s and that no blood was found on the baseball bat, the shirt, the shoes, or the blue jeans.

For the defense, Kim Richards, a Libertyville police officer, testified that he met his wife at the Waukegan Yacht Club to dine with Jack Amedio and his wife on October 12, 1990. At approximately 9 p.m. his group went into the bar area for a drink. Richards stated that he did not know defendant well and did not see him at the bar.

Detective Schlesser, who had testified previously, stated that Jack Amedio told the officer that he saw defendant some time between 8:30 and 9 p.m. Schlesser interviewed Robert Bjork, who stated that he had overheard defendant tell another person that the victim would not be joining him for dinner because she had other business. Bjork told Schlesser that he saw defendant sometime between 8 and 10 p.m. and that he could not be more specific.

Joanne Pertz, defendant’s mother, testified that her pregnancy and delivery of defendant had been difficult, that defendant fell down the stairs and hit his head on a cement wall when he was 17 months old, that he suffered a third-degree burn from spilled coffee when he was four or five and also suffered paralysis and hives from the medication administered for the bum, that he was shot in the eye by a BB gun when he was eight, that he suffered frequent head injuries from playing ice hockey "without a helmet, and that he had head, neck, and back injuries in an automobile accident when he was 19. Pertz also said that defendant had frequent headaches as a child, that he was moody and temperamental, that he had a short attention span, and that his father was a perfectionist who responded to lesser performances by yelling loudly.

Ronald Baron, a psychiatrist, testified as to his qualifications and experience. He described his dealings with defendant, which involved seven interviews of about an hour to an hour and a half, totaling nine hours. Based on his interviews and various tests, Dr. Baron testified as to conclusions he had reached regarding defendant’s condition on the day of the offense. According to Baron, defendant suffered from mild hypoglycemia or low blood sugar, he showed little indication of psychosis, he had some evidence of an anxiety disorder, and he had minor problems with self-esteem. There was no evidence of a traumatic stress disorder. Dr. Baron said that defendant had an abnormal EEG, which indicated a temporal lobe seizure problem. The doctor diagnosed defendant as having a mild to moderate organic personality disorder with temporal lobe epilepsy.

Baron stated that defendant told the doctor that he had taken the prescription medications Seldane, Atarax, Darvocet, and Nuprin on the date of his wife’s death.

Dr. Baron opined that defendant was suffering from the condition of organic personality disorder with temporal lobe epilepsy on the date of his wife’s death. He explained that the disorder lasts a long period of time and does not go away spontaneously and that defendant had not been under treatment.

On cross-examination, Dr. Baron stated that he based his diagnosis of temporal lobe epilepsy in part on an abnormal EEG taken during a period of about an hour but that a second, 24-hour EEG was normal. The doctor admitted that all but one of the other symptoms constituting his diagnosis that defendant had temporal lobe epilepsy were reported by defendant and were subjective.

Defendant testified to his background and medical history. He indicated that he had been unable to “perform” sexually after being given medication for high blood pressure and that this caused friction in his marriage. Defendant related that after he married his wife, they bought a sailboat. He was an avid sailor, and she sailed on occasion. The membership in the yacht club was a Christmas gift to him from his wife. She was also active in the club but thought he spent too much time there.

Defendant explained that his home had a 21/2-car garage and that three vehicles were generally parked at the house, including a company car parked on the driveway. He stated that the vehicle on the driveway forced him to enter and leave the garage at an angle.

Defendant stated that there was friction between his wife and him as to the division of household duties. They also had disputes about finances and boat expenses. Defendant said that a room was rented to Adam Clark at defendant’s suggestion and that the arrangement was intended to be temporary. The victim became upset when the arrangement continued, but the situation resolved itself when Clark assumed responsibilities such as watching the house or letting out the dogs.

Defendant related that during the marriage his wife and he got into some “terrible” arguments, causing defendant to feel chest pain, dizziness, and headaches. If this lasted long enough, defendant said, he experienced a “whiteout” where his “vision would go white.” According to defendant, he lost time, could not hear, and saw total whiteness. Defendant denied that there had been physical violence during the marriage.

Defendant said that he called his wife at 6 p.m. on October 12. They talked briefly. His wife called him back at 6:30 p.m. to say that she was in a hurry and would call him later. His wife arrived home at 7:02 p.m., appearing upset and grouchy. Defendant summarized the ensuing argument and his physical response. Defendant stated that he told his wife that he had to leave. She asked him where he was going and hit him on the head with a hard rubber dog ball. Defendant chased the ball and saw a souvenir baseball bat. He brought the bat with him and said that she should use it if she really wanted to hurt him.

According to defendant, they continued arguing. When defendant again attempted to leave, she “jumped in front of” him. Defendant said that he grabbed her by the sleeve of the jacket and “threw her backwards.” Defendant claimed that, at that time, he had a whiteout effect. When “things came back” to him, he saw the victim lying on the floor. He asked her whether she was all right and then saw blood on the floor under her head. Defendant stated that he bent down and saw blood on her nose and lips. He said that his wife did not move and did not appear to be breathing. He saw urine between her legs and said that her eyes were blinking and dilated. Defendant said that he got up to call for help but froze because he did not know whom to call.

Defendant stated that he decided that his wife was dead. He became panicky and thought he was going to be arrested. He decided to “make it look like an accident,” picked up the bat, and struck her on the left side of the head. He said that he did not see anything and thought he should “make a mark” so he rolled her over and struck her “real hard” on the right side of the head.

Defendant testified that he thought that he had to get his wife out of the house so he put her into the trunk of her car. He returned to the house and cleaned up the blood with towels and a sponge mop. Defendant then put the bat in the car and started driving. He said that he felt nothing and was in a daze. When he found himself at a lake, he threw the bat out of the car window. According to defendant, he continued driving and found himself in a parking lot a mile from the house. He left the car there and ran home.

When defendant arrived home, he changed his clothes and washed his face. He said that he knew he had to get rid of his wife’s purse and shoes so no one would know that she had been home. He also collected his own shoes, the towels, and his clothes. He then drove eastbound on Route 176 and described the stops he made to dispose of items.

Defendant said that he then went to the yacht club because he thought he had to “have like an alibi or be seen by people.” After he left the club at about 10:30 p.m., he sat in his truck near the bar for 45 minutes, then drove some more, stopping at a gas station for cigarettes and gas and at a White Hen for a Pepsi. He went home, could not go into the house, and drove again. Defendant stated that he got home at 1 a.m. and woke up Adam Clark. He described their efforts to look for his wife and the 4 a.m. visit to the police station to report her missing. Defendant testified to his calls to his wife’s friends, to Bill McCaffrey’s visit, and to his trip to the police station with McCaf-frey. That night, defendant said, he was up all night, and kind of “half dozed” for a half hour.

Defendant testified regarding Lt. Fry’s visit the next day. He said that he left for the police station with Fry at 3:30 p.m. and then described the interviews and the search for evidence. Defendant asserted that everything in his statement was true, except for the statement that the bat had been in the garage.

On cross-examination, defendant said that his wife had been lying in “a pool of blood” for 15 minutes before he hit her with the bat. He also said that 15 to 20 minutes passed between the time his wife arrived home and the time he pushed her. He testified that he dragged her body from the kitchen to the car and also said that his cleanup of the kitchen took only “a minute or two” and that he cleaned only the portion of the floor where his wife had been.

Daniel Wynn, a neurologist, testified to his training and qualifications. In response to a hypothetical question, he opined that a woman could have appeared unconscious as a result of a fall on quarry tile.

In rebuttal, Dr. Henry Lahmeyer, a psychiatrist, summarized his education and qualifications. He listed the documents that he had examined with reference to the instant case and stated that he had met with the defendant. Dr. Lahmeyer quoted defendant as having said that his wife tripped over her shoelaces or a chair when she fell. Defendant told the doctor that he did not call for help because he did not know the numbers to call and did not know he could call the operator.

Dr. Lahmeyer explained the nature of temporal lobe epilepsy. Based on his examination of defendant’s EEGs, he stated that defendant’s abnormality is not indicative of epilepsy. In the doctor’s opinion, defendant did not suffer from temporal lobe epilepsy. In reaching this conclusion, he read Dr. Baron’s report of symptoms but could not find evidence in support of them.

Dr. Lahmeyer then explained the nature of organic personality syndrome which usually includes an organic lesion. Dr. Lahmeyer reviewed a CAT scan in this case and concluded that there was no evidence of such a lesion. Also, there was no evidence that the defendant suffered from organic personality syndrome on the night of the victim’s death.

Dr. Lahmeyer discussed hypoglycemia and concluded that there was no basis for a finding that the defendant suffered from that condition on the night his wife died.

Lt. Fry was recalled as a witness. He stated that he retraced the route defendant took on the night the victim was killed. Using the most direct routes and adding in the walk from the place where the car was left to defendant’s home, the trip took one hour and 13 minutes. The retracing was done on the same day of the week and at the same time of day as defendant’s original drive.

Following deliberations, the jury returned a verdict of guilty of first degree murder. Defendant filed post-trial motions which were denied.

At a subsequent sentencing hearing Dr. Baron testified that his trial testimony was based on his examinations of defendant, his review of defendant’s medical records, the police reports, the reports of other doctors, the laboratory reports, and conversations with the State’s psychiatrist. Dr. Baron explained the principle of being “cognitively impaired.” He stated that, in cases involving temporal lobe epilepsy, the use of Nuprin can lower the seizure threshold, as can sleep deprivation, hypoglycemia, and stress. He said that defendant had gone without sleep for 19 hours prior to the incident and had eaten no solid food because he was trying to diet.

Dr. Baron then explained organic personality syndrome, stating that, taken with the temporal lobe epilepsy, this condition influenced defendant’s ability to think and reason at the time of the incident. The doctor opined that this resulted in defendant’s mishandling of the situation and using excessive force in pushing the victim and in handling the resulting injury. Dr. Baron said that the defendant told him that he “couldn’t think of who[m] to call, he couldn’t remember any phone numbers, and he didn’t think to look in the phone book. Didn’t think to call the operator.” Dr. Baron opined that it was unlikely that defendant would be involved in another violent crime.

Defendant presented several brief character witnesses in mitigation.

In explaining the matters considered in imposing sentence, the trial judge found that the verdict was amply supported by the evidence and stated that he agreed with the verdict. He noted that there were many good reasons to consider defendant’s testimony to be untruthful. The judge also expressed disagreement with Dr. Baron’s conclusions and diagnosis. At the conclusion of the hearing the judge sentenced defendant to 45 years’ incarceration.

In his first two issues defendant challenges the trial court’s rulings on two of the motions to suppress which he filed. Defendant contends that the trial court erred in denying his motion to suppress his statements and quash his arrest and in denying his motion to suppress evidence seized during several alleged consent searches. A trial court’s ruling on a motion to suppress will not be overturned unless it is manifestly erroneous. People v. Galvin (1989), 127 Ill. 2d 153,162.

An extensive hearing on the motions in question was conducted by the trial court. At this hearing, it was the trial court’s duty to resolve conflicting evidence and to determine the credibility of the witnesses. (People v. Case (1991), 218 Ill. App. 3d 146, 154.) This court is required to defer to the findings of the trial court where that court has assessed credibility, demeanor, and all the relevant facts. (218 Ill. App. 3d at 154.) Here, the trial court’s denials of the motions in question were based on its explicit findings that the State’s witnesses were more credible than defendant’s. From our review of the record we find that these denials were proper.

Defendant maintains that the consent he gave for the initial search of his house and of his pickup truck on October 14, 1990, was not voluntarily and freely given. The testimony of both Lt. Ronald Fry of the Libertyville police department and of defendant establishes that the officer was at defendant’s home on October 14 at defendant’s request to come and look at “something” in a bedroom closet. When Fry and Detective Schlesser arrived at defendant’s home, defendant, by his own testimony, “invited” the officers inside. Fry testified that defendant wanted him to go upstairs immediately to check the bedroom closet and to correct a discrepancy regarding the shoes defendant had told the police that his wife had been wearing when she disappeared. Both defendant and Fry testified that Fry asked defendant to sign a consent form to allow the officer to look in the closet. Both witnesses testified that defendant questioned why he needed to sign the form, and both stated that Fry explained that it was because of the ongoing investigation of a missing person. Fry said that he told defendant he did not have to sign the form. Defendant’s only protest was that the form seemed unnecessary since he had asked the officers to come to his house.

The testimony was conflicting regarding whether the form was complete, except for defendant’s signature, when it was presented to defendant. Fry testified that he thought he had completely filled out the form prior to handing it to defendant. Defendant maintained that it was not filled out until after he signed it but that it was completed prior to the search.

Janice Steber, a friend of defendant and his wife, was present at the time Fry asked defendant to sign the form. She did not see the form but assumed it was completed. Steber stated that the officer carefully explained why defendant needed to sign the form and that she understood from the explanation, as she believed defendant did, that the consent permitted a search of the entire house. After defendant signed the consent form Steber, defendant, and the two officers proceeded to defendant’s bedroom to look in the closet. After looking in the closet, the four of them went into other areas of the house with defendant leading the way a