In 2018, Defendant was convicted of murder with the 1973 death of his wife, and sentenced to 75 to 150 years. The degree of prosecutorial involvement in securing the warrant for Defendant's arrest was not significant enough to trigger Defendant's 6th amendment right to counsel. Even if Defendant had a 6th amendment right to counsel at the police interview, he validly waived that right. Defendant was sufficiently aware of the gravity of his situation to support a knowing and intelligent waiver of his right to counsel. Prosecutor's improper question, which was isolated and fleeting, did not deny Defendant a fair trial. The promptly sustained objection and subsequent jury instruction effectively cured the error and prevented any prejudice to Defendant. (GORDON and BURKE, concurring.)
Illinois Appellate Court
Criminal Court
Murder