Citizens living in other counties, by definition, would not establish the emotional tie to the crimes based on geographical location and the belief that the crime was significant because it happened in their community. Dr. Ney explained that there were a number of factors that should be considered in analyzing the effect which publicity has on a particular geographical location. Trial counsel stipulated to the admission at the sentencing hearing of all the evidence presented at trial. 38, par. Defendant then "patched up" Ried's head. The police learned that he had a record of sexually assaulting young men and had been convicted in Iowa for an assault on a teenage boy. Having previously considered and rejected defendant's arguments, we decline to reconsider them here. On cross-examination, Dr. Freedman stated that defendant could not control when the outcroppings would occur. He testified that the problem with psychoanalytic theory is that it requires an inference about mental processes which is not susceptible to proof. We do not find these cases controlling, however, because here defendant does not complain that any of the written instructions were incorrect, only that one of the readings of one of the instructions was misstated. As before, we will not question what appears *96 to be, on these facts, a tactical decision. jeffrey rignall testimony transcript - alihsaan.org Rignall lost consciousness several more times, and when he regained consciousness defendant shoved an unidentified object into Rignall's rectum. Defendant also contends that he should have been present when the record was corrected to show that on March 13, 1980, when the death penalty verdict was returned, defendant waived his right to a presentence investigation and requested the immediate imposition of sentence. Medical experts working for or in association with the Cook County medical examiner explained how identifications were made on the remains of these bodies and testified that one body, identified as body No. Now. Qu'est-il arriv Jeffrey Rignall ? Defendant has also contended that the sentence discretion vested in the prosecution by the death penalty statute is an unconstitutional delegation of legislative and judicial authority. He testified that "borderline" appeared for the first time in psychiatric nomenclature in Diagnostic Statistical Manual III (DSM III), that the diagnosis was quite controversial, and that "it is our single outstanding problem." 1801, 1809, 69 S. Ct. 1347, 1358) is inapplicable to this situation. The two men tried to get the charges bumped up but Wilder claims that the states attorney dismissed them, using homophobic profanity. As he did, defendant hit him with a hammer. Officer Schultz indicated that he had smelled the odor of at least 40 putrified human bodies and that the smell in defendant's home was similar. Defendant cites the cases of People v. Kubat (1983), 94 Ill. 2d 437, People v. Haywood (1980), 82 Ill. 2d 540, and People v. Jenkins (1977), 69 Ill. 2d 61, in support of his contention that the giving of conflicting instructions to the jury was reversible error. Also, as was indicated during the hearing on this matter, if defendant was convicted of this crime, he would have been guilty of the greatest number of murders for which any one person had ever been convicted. How did he, she or they know it was Gacy? We find here no reason to invoke the plain error doctrine. We are of the opinion that the instruction was properly refused. Defendant concedes that it is proper, under certain circumstances, to consider prior arrests and convictions of a suspect in determining whether probable cause exists. We agree with the People that evidence concerning the victims' sexual preferences was relevant to negate the assertion that all the victims were homosexual prostitutes. Dr. Rappaport believed defendant spoke of "Jack Hanley" as an alias. Six types of articles generate strong emotional responses. It is a guess." Steve Pottinger, a former friend of defendant's from Waterloo, Iowa, testified that there was no change in defendant's behavior before and after he was in the penitentiary. Ill. Rev. The first factor was sheer volume. Edward Lynch, a classmate of Donald Vorhees, testified that while he was at defendant's house in Iowa defendant threatened him with a carving knife and forced him into his bedroom. It is not contended here that any of the prospective jurors deceived the court, but only that more information should have been obtained concerning their opinions of the case. Defendant then stated: "You're the only one that not only got out of the handcuffs, but put them on me." Also, the type of material contained in the headline would have a significant impact on the reader. The purpose of the circuit court's questioning was to enable the attorneys to exercise their peremptory challenges intelligently, and to determine whether a juror should be excused for cause. Defendant then punched Donnelly, and once again held his head in the bathtub until he passed out. Defendant then took the handcuffs off, asked Donnelly for his wallet, examined the wallet, and then told him to put the handcuffs back on. At about the time Piest disappeared, *19 defendant's truck was seen outside the pharmacy. Get free summaries of new Supreme Court of Illinois opinions delivered to your inbox! Before trial, defendant sought a change of venue and then moved for the appointment of a market research firm "to conduct a valid statistical survey both within and outside of Cook County to determine the effect of pretrial publicity on the temperament of those members of the community or communities who are potential veniremen for this cause." We note that it was defendant who sought to introduce these statements into evidence. Pernell could not remember whether the towel was knotted or not, but he testified that no harm was done to defendant. She testified that the basement was locked and the children were never permitted to go down there unless accompanied by a parent. When Donnelly regained consciousness, defendant removed the gag from Donnelly's mouth and Donnelly told him that if he was going to kill him, to just do it and get it over with. William Kunkle, retired Judge of the Circuit Court of Cook County describes his story at the time as vague, saying Rignall didnt know where the house was or what it looked like, so it was a very minimalist police report and nothing transpired.. Check out never-before-seen content, free digital evidence kits, and much more! The first principle was the "primary-recency effect," or the concept that the news best remembered was that first received and most recently received. Defendant next contends that the failure of the death penalty statute to require that the People prove beyond a reasonable doubt the absence of mitigating factors sufficient to preclude the death penalty makes that statute unconstitutional.
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