Illinois Supreme Court
Criminal Court
Death Penalty
Defendant was convicted, after jury trial, of first degree murder, home invasion and residential burglary; and death sentence was imposed at a nonjury capital hearing. Defendant had broken into a condominium unit when the resident arrived, and Defendant then killed resident and left with valuables; and he then burglarized a neighboring unit. Trial court was within its discretion in admitting the statement, which was sufficiently reliable, of Defendant's girlfriend as to his conduct immediately after the murder, and his mental state in the days following, which tended to show lack of remorse. Death sentence was not excessive, given consideration of factors in mitigation and aggravation, including Defendant's multiple prior burglary and attempted burglary convictions.
(FITZGERALD, FREEMAN, THOMAS, KARMEIER, and BURKE, concurring.)