When he regained consciousness, the object that was placed in his rectum was still there. Dr. Freedman, whose qualifications spanned over 30 pages of transcript, reviewed defendant's statements in explaining his diagnosis to the jury. Defendant argues that any of the expert witnesses who testified for either side should have been examined at the sentencing hearing on this point.
The lime was used, defendant explained, to sweeten the smell of the crawl space. Concerning the manner of selecting the jury at his trial, defendant contends that the court's questioning during voir dire was insufficient; that the jurors should have been sequestered during the time between their selection and the beginning of the trial; and that the voir dire should not have been conducted in open court. The body was too badly decomposed to determine the cause of death with reasonable certainty, and the doctor performing the autopsy stated that he was unable to determine whether O'Rourke was dead when placed in the water.
On cross-examination, it was brought out that after these intense expressions of hostility, defendant could justify his behavior as conforming to his private code of morality, even though he recognized that his behavior would not be considered socially acceptable. When they arrived, they met Tim Kerley, another area teen that Corll had brought home.
He stated that this test was relatively new and not currently in widespread use, but that reliability studies showed that experts agreed on their diagnoses of the same patient 88% of the time. Two psychologists and two psychiatrists testified on behalf of defendant.
That is exactly what happened to Garrett, whose memory of her stay in the twisted toy box was hazy until police found her again in 1999.
Defendant's other citations to trial counsel's alleged incompetence are without merit.
The employee showed Lucas the bag, and Lucas immediately turned the bag over to one of the policemen on the surveillance unit who was standing within 10 to 15 feet of them. Defendant told Janus that he then drove Donnelly to Marshall Field's, his place of employment, but did not pay Donnelly the money.
Defendant jumped out of the car in which they were riding and walked to their house, which was about a block away, and when she arrived home, defendant acted as if nothing had happened. It is clear, however, that the remark was merely a sarcastic assertion *97 that life imprisonment for defendant to allow him to be studied was an inadequate punishment. Rignall awoke handcuffed in what he assumed was Gacy’s home. Defendant next complains that the circuit court failed to inquire further of prospective jurors who mentioned *34 that other jurors had been discussing the case. The father left, and when the police arrived they advised them to leave the home for a few days until things calmed down. Stat. Several members of defendant's family and childhood friends testified concerning defendant's past. 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. Defendant may have been a good husband and stepfather to his second wife and her children, but the evidence concerning his former marriage is anything but mitigating. The circuit court emphasized the emotional connection that the inhabitants of Cook County had with this case because of the type of publicity, e.g., human interest stories and community interest stories, combined with the "particular community interest" in determining that the prejudicial impact of news reports required a change of venue.
Defendant contends that the jury was confused as to the requirements of the mitigating factor as differentiated from the defense of insanity and that this was evidenced by the confusion shown by the attorneys in their arguments in the death penalty hearing.
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. Dr. Cavanaugh further explained that there was an inherent conflict between a determinant psychological theory which explains everything on the basis of a person's earlier development and a legal system premised on the concept of free will. We find, however, that the error, if any, was harmless for the reason that objections to the questions were sustained after Dr. Rappaport had answered them.
As the circuit court noted, "as a practical matter, your statements [defendant's statements to defendant's experts] are actually going in anyway * * *. After he’d had a few drinks, he was approached by a tall man offering to buy him another. Defendant complains of the colloquy between the judge and the first prospective juror. 38, par.
Subscribe to Justia's Free Summaries 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.
The record does not support defendant's assertions.
Rignall was of the opinion that defendant was not legally sane at the time of this episode and stated that he reached this opinion "by the beastly and animalistic ways he attacked me."
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