*105 Defendant also argues that the death penalty statute is unconstitutional for failing to require that the jury specify whether it has found mitigating factors to be present. Many witnesses indicated that the only reason defendant was involved in charitable or political work was in order to manipulate others or gain advantage for himself. Justice Jackson's observation that "any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to police under any circumstances" (Watts v. Indiana (1949), 338 U.S. 49, 59, 93 L. Ed. That the complaint does not set forth in detail how one of these individuals was able to identify John Gacy as the contractor with whom Piest went to speak is not a fatal defect. We find no error. The assistant State's Attorney repeatedly stated the proper test, and the jury was not misled by this one statement. In the first example of the revised questioning used by the circuit court of which defendant now complains, when the voir dire of this juror was completed, defense counsel was asked if he had any further questions and responded that he did not. He explained that the description of narcissistic personality contains many of the elements of the antisocial personality, and that the antisocial personality is a subtype of narcissistic personality. The police assumed that Jeffs encounter with Gacy was a consensual arrangement, he says. 38, par. Criteria for determining whether the doctrine of plain error should be invoked have been enunciated by this court, i.e., whether the evidence is closely balanced, or if the error is of such a magnitude that the accused is denied a fair and impartial trial. We cannot agree. Defendant's other citations to trial counsel's alleged incompetence are without merit. While Dr. Ney did suggest that he had insufficient information to determine which of the five counties outside of Cook County had the least amount of prejudicial publicity, the reason for suggesting that Cook County's publicity was prejudicial *43 was that the crime occurred in Cook County. It had been expected that Rignall would testify as a prosecution witness, but for tactical reasons . Dr. Richard Ney, a psychologist, was called to interpret the data contained in the survey and the material gathered from the press and electronic media. After remedying his issues, Jeffrey went on to partner with Ron and ghostwriter Patricia Colander to write a memoir of his experience, titled 29 Below. (People v. Bernette (1964), 30 Ill. 2d 359, 372.) Any implication that a death sentence was mandatory was negated by the jury instructions. Defendant suggests: Defendant asserts that there was insufficient information to support a finding of probable cause that evidence of the crime of unlawful restraint might be found in the places designated to be searched. This court rejected that argument in People ex rel. 2d 973, 991-92, 100 S. Ct. 2814, 2828-30. There is little conflict in the evidence, and the question presented was what inference could appropriately be drawn therefrom. Furthermore, *74 since there was no question at trial other than defendant's sanity, no prejudice could have occurred. SHARE. Legally, Dr. Cavanaugh explained, a person could escape responsibility only when "an extreme situation arises" where the person's ability to form an intent is questioned. Facebook. 2d 248, 255, 102 S. Ct. 2613, 2618; Richmond Newspapers, Inc. v. Virginia (1980), 448 U.S. 555, 558-81, 65 L. Ed. The People respond that the instruction was unnecessary as every medical expert who testified placed a "medical label" on defendant's condition, that there was little agreement as to which medical label was appropriate, and no one contended that in order to be *90 valid, it was required that the medical label be listed in DSM III. Defendant argues that "the defense evidence on the sanity question was by and large consistent and credible, while the State's evidence was contradictory and unconvincing * * *." The same jury had also convicted defendant of 21 other murders and of indecent liberties with a child and deviate sexual assault. 24.01), and defendant's instruction was unnecessary. The "subtypes" of narcissistic and antisocial borderline personalities were also part of the same characterization. Defendant suggests, in his reply brief, that "[m]issing person cases may remain unsolved for weeks, months, or years." While he didnt know Gacys name or who he was, he knew what his car looked like and had a rough memory of the license plate. Additionally, we also fail to see the relevance in the evidence of the victims' surviving siblings or that Piest wanted to make Eagle Scout "badly" and similar information. 2d 527, 548, 103 S. Ct. 2317, 2332; see also People v. Morano (1970), 45 Ill. 2d 60, 63.) Michel Ried testified that he was a homosexual and met defendant in "New Town." Dr. Rappaport testified that he administered sodium amytal to defendant to induce a deep hypnotic condition. She testified that during the marriage she had complained of the terrible smell emanating from the crawl space; that one time she went away for a few days, and when she returned the smell had gone, and defendant stated that he had poured concrete in the *54 crawl space. Now, Peacocks new docuseries, John Wayne Gacy: Devil in Disguise,shows how, in the face of trauma and the deeply entrenched societal homophobia of the 1970s, Rignall made it his mission to find Gacy and keep him from hurting anybody else. The People had the right to cross-examine the witness concerning his bias, prejudice or interest in the outcome of the suit (People v. Sampson (1953), 1 Ill. 2d 399, 404), but we agree with the circuit court that the matter was insignificant and, in view of the instruction to the jury to disregard it, was not prejudicial. We also note that immediate sequestration would have placed a great burden on the jurors, who may have been able to use the week to organize their personal affairs before leaving town for a lengthy trial. In People v. Brownell (1980), 79 Ill. 2d 508, 528-36, we considered whether the sentencing standards of our death penalty statute are vague, and found them to be sufficiently specific. Defendant then chloroformed him again. We note first that defendant did not exhaust the peremptory challenges that he was given. Defendant then "patched up" Ried's head. Defendant told him that he had some doctors that "were on his side," and that he thought he would go free. The Rorschach test was used by almost every expert testifying in this trial, and each expert testified that it was useful to some degree in formulating a diagnosis. 2d 973, 978-92, 100 S. Ct. 2814, 2818-30 (plurality opinion).) It was learned that the receipt was in Piest's possession when he disappeared and the class ring was owned by John Szyc, who had been reported missing. We have already considered the reasoning behind immediately proceeding to a sentencing hearing, and we decline to further discuss it here. The factors are: failure to prepare for the hearing, failure to present any evidence on the statutory mitigating factor of extreme mental or emotional disturbance, failure to present other mitigating evidence, and failure to make a competent closing argument. He pulled the trigger between 10 and 15 times, spinning the chamber between pulls of the trigger, until the gun finally went off. Defendant next argues that it was improper for Dr. Garron, called by the People, to state an opinion concerning whether defendant suffered any nonorganic *78 brain disorders when he had been asked as a neuropsychologist to examine defendant for the purpose of determining whether there were any organic brain disorders. He stated that defendant was very sensitive about where the employees dug, and would place markers designating the specific area in which the trenches were to be dug. Wilder, however, claims that the police simply chose to ignore what happened because Rignall was gay. The rationale as stated in State v. Whitlow (1965), 45 N. J. Create your free profile and get access to exclusive content. Fourth, certain articles compared defendant to other notorious mass murderers. Dr. Rappaport testified concerning speech patterns which demonstrate "loose associations" or inappropriate affect, and despite objections by the prosecution, in many instances Dr. Rappaport repeated defendant's statements to him. Officer Ted Janus was assigned to Donnelly's case. Dr. Cavanaugh ruled out the possibility of schizophrenia because defendant's general level of functioning was too high and because "the sum total of his life up to this point in time" negated the existence of the basic elements of schizophrenia. Six bodies were found with ligatures around their necks, and 13 bodies were found with foreign bodies in the posterior aspect of the mouth and throat. The defense called two other psychiatrists. In the other instance cited by defendant, the prospective juror was excused for cause, so no error could have been committed in his questioning. jeffrey rignall testimony transcript. March 29, 2023 In December of 1978, following the disappearance of 15-year-old Robert Piest, Gacy was questioned and arrested by police, who obtained a search warrant for the crawl space beneath Gacys home. We disagree that any improper seizure concerning the television set occurred since the television set was not seized. When defendant *36 did ask that the remainder of the voir dire be closed to the public, he did so only on the bare assertion that prospective jurors were not being fully candid. Defendant later offered another drink, which Donnelly refused, and defendant told him that he was a guest and that he should accept defendant's hospitality, and then held Donnelly's mouth open and poured the drink down his throat. This site is protected by reCAPTCHA and the Google. We also note that no questions concerning the death penalty appear in defense counsel's list of questions submitted to the circuit court prior to voir dire. We note first that defendant did not request the public be excluded from voir dire proceedings until after a number of jurors had already been questioned. On cross-examination, Ried stated that he might have had an argument with defendant before this incident occurred. The record shows that the circuit court's questioning of this prospective juror was sufficient to fulfill both these purposes. Defendant has also complained that he should have been allowed to hear in person why the court imposed natural life sentences upon him and also to witness the summary denial of his motion for a new trial. We are of the opinion that the instruction was properly refused. He told Donnelly, "My, aren't we having fun tonight?" Defendant has also argued that the death penalty statute is unconstitutional because it fails to provide adequate comparative review procedures. Defendant stated that he killed "Joe from Elmwood Park" because he wanted more money for the sex act, and that he would tell defendant's neighbors that he was homosexually raped by defendant if he did not pay the extra money. While many labels were placed on defendant's mental condition, all of the People's experts characterized defendant's defect as a personality or character disorder. Additionally, he explained, the psychodynamic theory tends to be used as if it is actual fact when it is really inference and theory, and inferences or assumptions upon which psychodynamic theory is based do not in themselves explain an individual's behavior in the sense of causation. As noted in Gregg, the determination of whether capital punishment is a deterrent to certain types of murders such as those enumerated in the Illinois death penalty statute is an issue the resolution of which properly rests with the General Assembly. Defendant argues that it was error for the circuit court to refuse this instruction: The court in refusing the instruction, explained: Defendant argues that the State did in fact argue this when it argued that Dr. Freedman used terms that were not in DSM III. Two psychologists and two psychiatrists testified on behalf of defendant. Cram testified that defendant had him dig trenches in the crawl space, purportedly for drainage purposes, and that defendant had him spread lime throughout the crawl space to rid the crawl space of its pungent odor. Statements made by public officials carried more weight because readers recognized the status associated with that public official's office. Defendant admitted to some 1,500 homosexual relationships. We hold that the evidence of the smell of decaying flesh in defendant's home, discovery of a film receipt purportedly on the victim's person at the time he disappeared, and the reiterated facts contained in the first warrant, taken together, provide a sufficient basis for the circuit court to refuse to suppress the evidence seized as a result of the execution *28 of that warrant. In other instances cited by defendant, no error was committed because counsel was given the opportunity *32 to suggest additional questions concerning the potential jurors' opinions as to defendant's guilt and failed to do so, or the juror was excused for cause. 1770.) The sentences were stayed (87 Ill.2d R. 609(a)) pending appeal to this court (Ill. Const. The night before defendant's sister was to marry, defendant and his father got into an argument over whether or not defendant would take a bath that night. We note further that defendant made no objection to this portion of the argument, which waives the issue on appeal.
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