{ "id": 4283308, "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. PIERRE HOUSEWORTH, Defendant-Appellant", "name_abbreviation": "People v. Houseworth", "decision_date": "2008-12-22", "docket_number": "No. 1-07-3362", "first_page": "37", "last_page": "57", "citations": [ { "type": "official", "cite": "388 Ill. App. 3d 37" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "42 Ill. App. 3d 596", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2641590 ], "year": 1976, "pin_cites": [ { "page": "601" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/42/0596-01" ] }, { "cite": "102 Ill. 2d 54", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3155800 ], "year": 1984, "pin_cites": [ { "page": "82-83" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/102/0054-01" ] }, { "cite": "373 Ill. App. 3d 351", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4271002 ], "year": 2007, "pin_cites": [ { "page": "361" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/373/0351-01" ] }, { "cite": "204 Ill. 2d 314", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 609703 ], "weight": 2, "year": 2003, "pin_cites": [ { "page": "319" }, { "page": "319" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/204/0314-01" ] }, { "cite": "147 Ill. App. 3d 881", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3605359 ], "year": 1986, "pin_cites": [ { "page": "885" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/147/0881-01" ] }, { "cite": "39 Ill. 2d 318", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2856294 ], "year": 1968, "opinion_index": 0, "case_paths": [ "/ill-2d/39/0318-01" ] }, { "cite": "213 Ill. App. 3d 873", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2604319 ], "year": 1991, "pin_cites": [ { "page": "886" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/213/0873-01" ] }, { "cite": "222 Ill. App. 3d 188", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5261607 ], "weight": 4, "year": 1991, "pin_cites": [ { "page": "201" }, { "page": "203" }, { "page": "201" }, { "page": "203" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/222/0188-01" ] }, { "cite": "195 Ill. 2d 142", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 725352 ], "year": 2001, "pin_cites": [ { "page": "163" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/195/0142-01" ] }, { "cite": "373 Ill. App. 3d 811", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4271066 ], "weight": 2, "year": 2007, "pin_cites": [ { "page": "821" }, { "page": "821" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/373/0811-01" ] }, { "cite": "104 Ill. 2d 504", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3147214 ], "year": 1984, "pin_cites": [ { "page": "526" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/104/0504-01" ] }, { "cite": "466 U.S. 668", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6204802 ], "weight": 9, "year": 1984, "pin_cites": [ { "page": "687-94" }, { "page": "693-98" }, { "page": "2064-68" }, { "page": "687" }, { "page": "693" }, { "page": "2064" }, { "page": "694" }, { "page": "698" }, { "page": "2068" } ], "opinion_index": 0, "case_paths": [ "/us/466/0668-01" ] }, { "cite": "371 Ill. App. 3d 382", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4268505 ], "year": 2007, "pin_cites": [ { "page": "434" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/371/0382-01" ] }, { "cite": "368 Ill. App. 3d 873", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4266942 ], "weight": 4, "year": 2006, "pin_cites": [ { "page": "880" }, { "page": "880" }, { "page": "880" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/368/0873-01" ] }, { "cite": "322 Ill. App. 3d 426", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 126345 ], "year": 2001, "pin_cites": [ { "page": "433" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/322/0426-01" ] }, { "cite": "116 Ill. App. 3d 821", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3520329 ], "year": 1983, "pin_cites": [ { "page": "824" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/116/0821-01" ] }, { "cite": "186 Ill. 2d 243", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 243950 ], "year": 1999, "pin_cites": [ { "page": "253" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/186/0243-01" ] }, { "cite": "122 Ill. 2d 266", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5549773 ], "year": 1998, "pin_cites": [ { "page": "278" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/122/0266-01" ] }, { "cite": "146 Ill. 2d 109", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5597409 ], "year": 1991, "pin_cites": [ { "page": "131-32" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/146/0109-01" ] }, { "cite": "223 Ill. 2d 187", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3604853 ], "year": 2006, "pin_cites": [ { "page": "242" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/223/0187-01" ] }, { "cite": "225 Ill. 2d 354", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5704702 ], "weight": 2, "year": 2007, "pin_cites": [ { "page": "428" }, { "page": "427" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/225/0354-01" ] }, { "cite": "358 Ill. App. 3d 718", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5731267 ], "year": 2005, "pin_cites": [ { "page": "732" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/358/0718-01" ] }, { "cite": "384 Ill. App. 3d 904", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4278844 ], "year": 2008, "pin_cites": [ { "page": "916" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/384/0904-01" ] } ], "analysis": { "cardinality": 1666, "char_count": 54160, "ocr_confidence": 0.781, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.14380915644116704 }, "sha256": "4754cfeaeb703d889620792656c74d971fee87eb064c8dc42e5a97d843339c8b", "simhash": "1:9fb6b344744ff25d", "word_count": 8695 }, "last_updated": "2023-07-14T22:04:57.079883+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. PIERRE HOUSEWORTH, Defendant-Appellant." ], "opinions": [ { "text": "PRESIDING JUSTICE ROBERT E. GORDON\ndelivered the opinion of the court:\nThis case involves the first-degree-murder trial of defendant Pierre Houseworth, age 21, for the stabbing death of Naomi Quashie, who at the time of her death was 20 years old. Defendant and Naomi had dated on and off for several years prior to October 17, 2003, the date of Naomi\u2019s death. Defendant and Naomi had \u201cbroken up\u201d a few months before October 17, 2003. On the afternoon of that day, defendant used public transportation to travel from his home on Chicago\u2019s west side to Chicago\u2019s north side where Naomi lived with her mother at 2837Vz North Sawyer Avenue with the hope of reconciling his relationship with Naomi. Defendant and Naomi spoke outside of her home; a physical conflict ensued, which ended when defendant stabbed Naomi multiple times, causing her death. Defendant fled, discarded the murder weapon, and boarded a Chicago Transit Authority (CTA) elevated train. He was arrested soon thereafter and provided verbal inculpatory statements to police and prosecutors.\nDefendant was indicted for first-degree murder. He pleaded not guilty and asserted the affirmative defense of insanity. 720 ILCS 5/6 \u2014 2 (West 2004). The main issue at trial involved whether defendant was sane at the time of the offense, and conflicting expert testimony was presented to that effect. Following a bench trial, the trial court found defendant sane at the time of the offense and found him guilty but mentally ill (720 ILCS 5/6 \u2014 2(c) (West 2004) (\u201c[a] person who, at the time of the commission of a criminal offense, was not insane but was suffering from a mental illness, is not relieved of criminal responsibility for his conduct and may be found guilty but mentally ill\u201d)) of the first-degree murder of Naomi. A sentencing hearing was conducted where mitigation and aggravation were presented. The trial court sentenced defendant to a 30-year term in the Illinois Department of Corrections. Defendant filed a motion for a new trial, which was denied. On appeal, defendant argues that (1) the trial court\u2019s finding that defendant was sane at the time of the offense was against the manifest weight of the evidence, and (2) he received ineffective assistance of counsel. We affirm.\nI. BACKGROUND\nOn October 17, 2003, Naomi resided with her mother at 2837 h North Sawyer Avenue in Chicago. Naomi\u2019s mother, Janet Quashie, testified at trial. She testified that she has known defendant for several years because he and Naomi had dated, on and off, since Naomi was 13 years old; they had broken up about three months prior to October 2003. She testified that Naomi had lived with defendant in the past.\nA. The Homicide, Arrest, and Postarrest Inculpatory Statements\nAt around 7:30 p.m. on October 17, 2003, Mrs. Quashie was home alone watching television and having dinner. After she finished her dinner, she walked to her apartment\u2019s kitchen, when she heard defendant\u2019s and Naomi\u2019s voices coming from outdoors through an open window. She heard Naomi say, \u201cWhy do you want to do this to me? Please, please, please, I am begging you, don\u2019t do this. Don\u2019t do this.\u201d Mrs. Quashie opened her apartment\u2019s back door and observed defendant \u201cstanding there in front of my daughter *** waiting for her to pass out for good so that he can leave.\u201d\nDefendant, who was carrying a black backpack, fled. Mrs. Quashie pursued defendant through an alley but was unable to catch him. She testified that defendant ran toward the CTA\u2019s Kedzie Street train station. She returned home and called the police. Naomi had been stabbed multiple times about her face and body. Ms. Quashie testified that she knew \u201che [defendant] just killed my daughter.\u201d\nChicago police officer Retamozo (whose first name is not included in the record) testified that pursuant to a police dispatch, which included defendant\u2019s name and description, he, his partner, Officer Trempe, and several other Chicago police officers stopped a CTA train at the Logan Square train station (one stop south of the Kedzie Street train station) at approximately 7:30 p.m. on October 17, 2003. A search of the train resulted in defendant\u2019s arrest. Defendant was read his Miranda warnings. The police recovered a large steak knife from defendant\u2019s backpack, which had no blood on it. Defendant was then transported in Officer\u2019s Retamozo\u2019s police motor vehicle to the Area 5 police headquarters located on Grand and Central Avenues in Chicago. While in transit to the police station, defendant stated that he went to Naomi\u2019s home to reconcile with her. After defendant and Naomi argued, defendant told Naomi that he was going to commit suicide. Naomi urged defendant to \u201cgo ahead and do it.\u201d Defendant, who had visible scratches on his face, then told the officers that he struck Naomi and that she retaliated by scratching his face. Defendant stated that he then \u201ctook out the knife,\u201d but did not admit that he stabbed Naomi.\nA certified copy of the medical examiner\u2019s report prepared by Dr. Denton (whose first name is not disclosed by this record), who performed the autopsy, was admitted into evidence without objection, and the defense stipulated that if Dr. Denton was called to testify, he would testify that to a reasonable degree of medical certainty, Naomi died as a result of multiple stab wounds.\nChicago police detective John Truhanas testified that on October 17, 2003, he and his since-retired partner, Detective Janet Howard, visited the crime scene and later spoke to Mrs. Quashie at the Area 5 police station. Detective Truhanas interviewed defendant at around 9:30 p.m. on October 17, 2003. The detective read defendant his Miranda warnings, which defendant acknowledged and waived before making a statement. Assistant Cook County State\u2019s Attorney James Papa arrived at Area 5 at about 11:30 p.m. that same evening and took defendant\u2019s statement after reading him his Miranda warnings.\nDefendant consented to have his statement videotaped. Assistant Cook County State\u2019s Attorney Loma Amado-Chevlin arrived at Area 5, read defendant his Miranda warnings, obtained defendant\u2019s consent to videotape his statement, and took his videotaped statement at around 3 a.m. the following morning. Defendant repeatedly claimed that he had traveled to Naomi\u2019s home to reconcile with her and never admitted that he desired to kill her. Defendant admitted that he traveled to Naomi\u2019s home the evening of October 17, 2003, with two large steak knives in his possession. He admitted that after the physical altercation with Naomi, he removed one of the knives from the black backpack he was carrying. He did not remember stabbing Naomi. The next thing he remembers after removing the knife was someone screaming. He then saw blood on Naomi, himself, and the knife he was holding. Defendant fled and discarded the knife with the blood on it in a sewer. Defendant was never asked if he was suffering from a mental illness, if he was on medication, or if he had any general health problems. Defendant was also never asked why he was carrying a steak knife.\nBrian Schoon, a DNA analyst at the Illinois State Police crime laboratory, tested DNA recovered from defendant\u2019s shoes and found that it matched Naomi\u2019s DNA.\nB. Defendant\u2019s Social and Mental Health History\nThe epicenter at trial involved conflicting expert testimony regarding whether defendant was sane at the time of Naomi\u2019s slaying. A review of defendant\u2019s social and mental health history, including his prearrest and postarrest mental health medical treatment, is necessary for an understanding of the psychiatric opinions offered by the experts in the case at bar. The following recitation is taken from the past histories prepared by the experts in this case.\nThe record reveals that defendant was a low-birth-weight identical twin born to a single mother. Defendant and his twin brother spent three years in foster care as young children, although the record of this case does not reveal their exact ages at that time. There is some evidence in the record to suggest that they may have been abused sexually while in the foster care setting. Both defendant and his twin brother had \u201clearning difficulties\u201d but defendant was \u201cslower\u201d than his brother. Both were placed into special education classes. Defendant\u2019s brother advanced at a greater scholastic pace and was eventually placed into regular classes. From that point, they were educated separately but depended on each other for emotional support. Defendant was \u201cvery close\u201d to his brother.\nAt the age of 13, defendant\u2019s brother drowned in a swimming pool accident while they were on a school field trip. From one of the medical reports, defendant recalled observing a teacher pull his brother from the water and begin the administration of cardiopulmonary resuscitation (CPU). An ambulance arrived. Defendant\u2019s brother was pronounced dead at the hospital.\nDefendant\u2019s personality changed after his brother\u2019s death. He became depressed with frequent crying spells. He appeared careless and often expressed suicidal ideations. His behavior in school changed and he began having disciplinary problems. He was arrested for pushing a female classmate into a locker. He began having problems at home and began stealing from his mother. One of the medical reports states that defendant considered suicide, but did not act on his feeling \u201cout of fear.\u201d He was evaluated and found to be clinically depressed as early as 2000 when he expressed feelings of worthlessness and guilt for his brother\u2019s death. Defendant was eventually prescribed Prozac, an antidepressant medication. In 2000 defendant was struck in the head with a bicycle; he was taken to the emergency room and released almost immediately. In 2002, defendant attempted suicide on two occasions. During the first attempt, defendant drank large amounts of vodka and ingested large amounts of aspirin. During the second attempt, he cut his left thigh with a razor blade. He reported, \u201cI only bled a lot. I did not die.\u201d\nOne of the medical reports states that Naomi had lived with defendant and his mother at one point in time. Defendant\u2019s mother reported that defendant and Naomi argued constantly. Naomi was disrespectful to defendant\u2019s mother and \u201cran up\u201d expensive telephone bills when she called psychic hotlines. Defendant\u2019s mother eventually asked Naomi to leave her home.\nIn 2003, defendant was battered by four males on the street utilizing a \u201c2 x 4 foot\u201d wooden plank. He sustained a fractured arm. One of the expert\u2019s reports states that defendant was rendered unconscious although the ambulatory services report from that day reveals no mention of defendant being rendered unconscious.\nDefendant received mental health treatment after his arrest for the crime in question. Medical records from Cermak Health Services (Cermak) in Chicago reveal that defendant was prescribed three psychotropic medications including Effexor, an antidepressant; Depakote, a mood stabilizer; and Geodon, an antipsychotic medication. The medical records from Cermak reveal that defendant had \u201cself-report[s] of auditory hallucination [s] \u201d where defendant reported hearing Naomi speaking to him after her death. Defendant attempted suicide while incarcerated.\nPrior to trial, the trial court ordered a behavioral clinical examination (BCX) to determine defendant\u2019s fitness to stand trial, ability to understand Miranda warnings, and sanity. In Illinois, a defendant is fit to stand trial if he \u201c \u2018has sufficient present ability to consult with defense counsel with a reasonable degree of rational understanding and *** has both a rational and factual understanding of the proceedings.\u2019 \u201d (Emphasis omitted.) People v. Schoreck, 384 Ill. App. 3d 904, 916 (2008), quoting People v. Baugh, 358 Ill. App. 3d 718, 732 (2005). The definition of \u201cfit to stand trial\u201d differs from the Illinois definition of \u201cinsanity.\u201d In Illinois, a person is insane and not \u201ccriminally responsible for conduct if at the time of such conduct, as a result of mental disease or mental defect, he lacks the substantial capacity to appreciate the criminality of his conduct.\u201d 720 ILCS 5/6 \u2014 2(a) (West 2004). The BCX conducted at Cook County Forensic Clinical Services concluded that defendant was fit to stand trial, had the ability to understand Miranda warnings, and was sane at the time of the administration of the BCX. No issue is raised in this appeal that defendant was not fit to stand trial.\nC. Pretrial Proceedings\nOn the day that defendant\u2019s bench trial was scheduled to commence, defendant requested leave to file a motion to suppress his post-arrest inculpatory statements. In requesting leave, defense counsel stated that the motion \u201cha[d] nothing to do with the trial\u201d because defendant had already been evaluated as able to comprehend Miranda warnings. Trial counsel sought leave to file the motion to properly \u201cperfect the record\u201d and that the motion was \u201chousekeeping.\u201d The State objected to the motion as being untimely.\nOn record, the trial court stated that the motion was more than \u201chousekeeping\u201d and suggested that the parties reach a resolution. After a short recess, the parties answered ready for trial. At that time, defense counsel stated that he had considered filing a motion to suppress defendant\u2019s postarrest inculpatory statements, \u201c[b]ut after considering all the information at my disposal, I felt that it was not in the best interest of my client to proceed on this motion at this time, so we\u2019ll proceed directly to trial.\u201d\nD. Expert Testimony Regarding Defendant\u2019s Sanity at the Time of Naomi\u2019s Slaying\nDefendant presented the testimony of Dr. Patricia Newton, a psychiatrist for 35 years, who is licensed to practice psychiatry in Maryland. Dr. Newton testified that she had never testified in Illinois on the issue of sanity.\nOn direct examination, Dr. Newton testified that she was contacted by defense counsel to evaluate defendant and that she subsequently interviewed defendant for a duration of three hours while he was incarcerated at the Cook County correctional facility. At that time, defendant was medicating with three different psychotropic medications prescribed by Cermak. Dr. Newton testified that during the interview she took a \u201cprevious history\u201d of defendant to formulate a \u201clongitudinal profile *** [which] means what his life or what his mental status ha[d] been like over time.\u201d Dr. Newton testified that defendant had experienced three past traumatic events that influenced his mental status. The first event occurred when, at the age of 13, defendant\u2019s identical twin brother drowned in a swimming pool accident during a school field trip. Dr. Newton testified that defendant had been \u201cevaluated psychologically and found to be depressed and in need of treatment.\u201d The second event occurred in 2000, when he was struck in the head with a bicycle; defendant was admitted and released from the emergency room. The third event occurred in 2003, when defendant was battered by four people using a \u201c2 x 4 foot\u201d wooden plank, which resulted in a fractured arm and unconsciousness. Defendant was hospitalized after the 2003 incident.\nDr. Newton also testified that she interviewed defendant\u2019s mother, reviewed some of defendant\u2019s medical records, and ordered an electroencephalography (EEG), a diagnostic examination utilized to detect electrical disturbances in the brain, in preparing her evaluation. The \u201cawake EEG\u201d did not reveal electrical disturbances in defendant\u2019s brain. She also testified that although she had ordered an \u201casleep EEG,\u201d that test was never performed. Based upon her interview of defendant and defendant\u2019s mother, and her review of some of defendant\u2019s medical records, Dr. Newton opined that \u201c[defendant] was not criminally responsible for his conduct at the time of the alleged incident resulting in the death of Naomi. [Defendant] at the time was not capable of conforming his behavior to the letter of the law.\u201d Dr. Newton testified that defendant suffered amnesia when he was struck in the face by Naomi on October 17, 2003, and that he could not recall the events that transpired immediately thereafter. Dr. Newton testified that defendant \u201ccame to consciousness\u201d when someone screamed and that defendant \u201cdid not have a memory of what was going on until someone screamed and he looked and saw the blood and then he ran.\u201d\nDr. Newton testified that she diagnosed defendant with posttrau-matic stress disorder and postconcussion syndrome, which the doctor explained as \u201ca series of symptoms that occurs after the event of head trauma.\u201d Dr. Newton testified that postconcussion syndrome involves three elements or components including (1) physical, (2) emotional, and (3) cognitive. Dr. Newton testified that the physical component of postconcussion syndrome was not an issue in the case at bar. She testified that \u201cemotional issues have to do around irritability, have to do around depression, anxiety; those things.\u201d She testified that \u201c[t]he cognitive areas, though, which have been documented pretty well in people\u2019s postconcussion syndrome have to do with a person\u2019s judgment, a person\u2019s ability to recall certain events, a person\u2019s ability to be able to have association; in other words, to associate symptoms from one situation to another.\u201d Dr. Newton testified that defendant would not have had the ability to distinguish between right and wrong if he were suffering from postconcussion syndrome.\nOn cross-examination, Dr. Newton testified that the day she interviewed defendant his \u201cmood and affect appeared to be depressed,\u201d that he had an \u201c[a]verage intellect,\u201d and that he was oriented to time, person, and place. Dr. Newton testified that \u201c[i]f defendant had been suffering from posttraumatic stress disorder alone that may or may not have an effect [on sanity].\u201d Dr. Newton testified that defendant \u201cwas suffering from postconcussion syndrome in addition to posttrau-matic stress disorder.\u201d Dr. Newton testified that persons suffering with postconcussion syndrome \u201cwould not be able to have a conscious state to help them discern what is going on.\u201d She testified that \u201cdata supports that postconcussion syndrome people have difficulty with judgment, that\u2019s a classic symptom, they have difficulty with spatial arrangements, they have difficulty with making association. That\u2019s documented in the literature.\u201d Dr. Newton testified that defendant \u201chad a sensitive area in his head\u201d and when Naomi struck him on the evening of October 17, 2003, he suffered hypoxia, which is a decreased flow of oxygen to the brain that \u201ccould have an effect on his ability to understand everything and make rational judgments because the data and the literature does support that judgment, that abstract thinking, that associations in terms of spatial adjustments, in terms of reasoning and rational behavior is effected by *** postconcussion syndrome.\u201d\nDr. Newton testified that the intensity of the head trauma caused by Naomi striking defendant was unimportant because the trauma leading to hypoxia \u201cdoesn\u2019t have to be a major hit\u201d; rather, the trauma could be \u201canything that disrupts cerebral spinal fluid. You can see it on whiplash injury without anybody being hit at all and still get post-concussion syndrome.\u201d Dr. Newton testified that the stress of the confrontation with Naomi exacerbated defendant\u2019s postconcussion syndrome.\nDr. Newton also testified that defendant knew that stabbing someone was wrong when he carried two knives to Naomi\u2019s home and that he knew the difference between right and wrong when Naomi hit him. Dr. Newton testified that defendant reported remembering being struck and remembered pulling out a knife. Defendant reported that the next thing he remembered was someone screaming. Dr. Newton testified that defendant did not remember stabbing Naomi because of the \u201chypoxia that he\u2019s experienced.\u201d Dr. Newton testified that defendant came to consciousness \u201cwhen someone screamed\u201d and that \u201che did not have a memory of what was going on until someone screamed and he looked and saw the blood and then he ran.\u201d Further, Dr. Newton testified that defendant\u2019s action of discarding the murder weapon in a sewer did not necessarily mean that he knew his actions were wrong at that point in time.\nDr. Newton testified that defendant had related to her that he could not recall the medications he was taking. Dr. Newton recalled that defendant had told her that he \u201cdid not fight [Naomi]\u201d and that \u201cshe was just swinging at him.\u201d Dr. Newton stated that \u201cit occurred\u201d to her that defendant may not have been honest with her during the interview. Dr. Newton also testified that she did not have the medical examiner\u2019s report when she made her diagnosis and that she wrote her report a year and five months after her interview with defendant. Dr. Newton then stated that postconcussion syndrome was not included as a mental illness by the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV). Dr. Newton then testified that she was part of a committee for the DSM-IV for the American Psychiatric Association \u201c[a]nd I do know that it is a composite and a compromised document. It is what we have as a guideline, but it is not the be-all to end all\u201d because the \u201cDSM-IV is limited in terms of its diagnostic abilities in the clinical area.\u201d Dr. Newton then testified that her understanding of \u201cinsanity\u201d was \u201cthat at the time that a person is \u2014 is not aware of \u2014 they\u2019re suffering from a disease or defect that makes them not able to conform to the law.\u201d\nAfter Dr. Newton\u2019s testimony, the defense rested. The trial court admonished defendant regarding his right to testify. The trial court asked defendant whether he understood that he had a right to testify and defendant responded that he did know that he had such a right. The trial court then asked defendant whether he had discussed the possibility of him testifying with his attorney. After defendant responded that he had not discussed the matter with his attorney, the trial court again asked whether he knew he had a right to testify and defendant indicated that he did. Defendant then stated that it was his decision not to testify, that he had not been threatened, forced, or promised anything in exchange for not testifying, and that he desired to rest his case-in-chief.\nIn rebuttal, the State called Dr. Fidel Echevarria, a forensic psychiatrist of the Cook County Department of Forensic Clinical Services, who performed the court-ordered pretrial BCX evaluation of defendant. Dr. Echevarria testified that he evaluated defendant on June 18, 2004, and at that time, defendant appeared \u201cwhat I consider normal. He responded to my requests to identify himself when I called out his name. He followed me and followed instructions into the interview room and he appeared orientated in terms of time and space.\u201d Dr. Echevarria testified that defendant was in custody at the time of the interview. Dr. Echevarria testified that defendant\u2019s medical record from Cermak revealed that defendant was medicating with \u201cthree psychotropic medications including an anti-depressant medication known as [E]ffexor ***, 75 milligrams per day, a mood stabilizing medication known as [DJepakote ***, 750 milligrams twice per day, and an anti-psychotic medication known as [GJeodon ***, 80 milligrams twice per day.\u201d Dr. Echevarria testified that defendant\u2019s medical records revealed \u201cself-reports of auditory hallucinations\u201d where defendant reported hearing Naomi speaking to him after her death. Dr. Echevarria testified that defendant did not report any auditory or visual hallucinations during his evaluation.\nDr. Echevarria testified that defendant\u2019s thought process \u201cwas goal directed, linear, coherent, logical.\u201d Dr. Echevarria testified that goal-directed behavior was \u201cpurposeful behavior; that is there is presumably a rational motive for what a person does.\u201d Dr. Echevarria testified that he did not detect any symptoms that were consistent with an untreated anxiety mood disorder or a psychotic illness. Dr. Echevarria testified that defendant was able to report his life history, that his long- and short-term memory were intact, that his immediate recall was intact, and that his insight and judgment were \u201cgrossly intact.\u201d\nDr. Echevarria testified that a person is legally insane under Illinois law \u201cif at the time of [the] conduct as a result of a mental defect or mental disease they lack the substantial capacity to appreciate the criminality of their alleged behavior.\u201d Dr. Echevarria testified that based on his review of defendant\u2019s medical records, the police reports, and his interview of defendant, his opinion, to a reasonable degree of psychiatric certainty, was that defendant was sane at the time of the offense because \u201cdefendant\u2019s report to me of his behavior prior to the incident and following the incident, all the behaviors he reported, his recollection of events as they were all rational and goal directed without any evidence of any psychotic processing at that time.\u201d\nDr. Echevarria testified that there was a rational motive for defendant\u2019s actions, which was his anger over Naomi ending their relationship. Dr. Echevarria also testified that defendant\u2019s actions of fleeing and discarding the murder weapon \u201cindicate[d] that there [was] an understanding that \u2014 as to the trouble he can get himself in if he is found with a weapon, a murder weapon in hand and his attempts to hide and cover his own involvement.\u201d Dr. Echevarria further opined that all of the foregoing factors led him to the conclusion that defendant knew his actions were criminal.\nDr. Echevarria testified that he requested Dr. Erick Nue, a clinical psychologist, also of the Cook County Department of Forensic Clinical Services, to conduct certain diagnostic examinations of defendant to determine his Wechsler Adult Intelligence Scale (IQ Score) and to conduct an independent assessment of sanity and whether defendant had the ability to understand his Miranda rights. Dr. Nue\u2019s opinion was that defendant was legally sane at the time of the occurrence. Dr. Nue determined that defendant\u2019s IQ score was 76, which meant that defendant operated at a lower level of intelligence than people his age, but defendant\u2019s IQ was above the level of mental retardation.\nDr. Echevarria then testified that he had reviewed Dr. Newton\u2019s report and disagreed that defendant was suffering from posttraumatic stress disorder because of \u201cwhat the defendant did not report to me. In order to make a diagnosis of posttraumatic stress disorder there [are certain] symptoms that have to \u2014 at least some of them have to be present. And from his self-reports and from what I could elicit there was nothing to support that diagnosis.\u201d Additionally, Dr. Echevarria testified that he had \u201cnever heard\u201d of a mental illness known as \u201cpostconcussion syndrome\u201d and that such an illness was not listed by the DSM-IV\nDr. Echevarria testified that defendant\u2019s recollection of the crime while \u201cspotty\u201d was adequate because defendant could recall arguing and fighting with Naomi, hearing Naomi\u2019s mother calling for her, and hearing a noise that caused him to flee. Dr. Echevarria diagnosed defendant with \u201csituational depression,\u201d which occurs when \u201ca person becomes depressed in response to something. It could be *** some stressor or some act. Usually situational depressions are not clinical depressions in the sense that they do not sustain passed [sic] a two-week period. The intensity of their symptoms may not be the same as a symptom of a major depressive disorder.\u201d Dr. Echevarria testified that defendant\u2019s depression would not affect his sanity.\nOn cross-examination, Dr. Echevarria testified that simply because defendant was prescribed psychotropic medications did not necessarily mean that defendant was unable to think rationally. Further, the doctor testified that the DSM-IV is \u201cas absolute [as the field of psychiatry] gets.\u201d The doctor testified that a cranial computed tomography (CT) scan would not measure electrical disturbances in a patient\u2019s brain and he testified that he did not order a magnetic resonance imaging (MRI) or a positron emission tomography (PET) scan because in his medical opinion, such tests were unnecessary to reaching a conclusion regarding defendant\u2019s sanity.\nOn redirect examination, Dr. Echevarria testified that Dr. Newton found defendant to have sufficient intellectual functioning and that there was nothing to suggest that defendant suffered from psychosis. Dr. Echevarria testified that even if defendant\u2019s auditory hallucinations were true that would not be indicative of psychosis because \u201c[t]here could be other reasons why a person would have that experience, including guilt or reports of *** wanting to come across as mentally ill.\u201d On re-cross-examination, Dr. Echevarria denied that an awake EEG did not measure electrical activity in the brain because he stated that the diagnostic examination\u2019s sole purpose was to test electrical activity in the brain.\nThe State then rested its rebuttal case. Defendant requested and was granted leave to present a surrebuttal. Dr. Newton was again called to the witness stand. She testified that the DSM-IV was not the \u201cultimate\u201d means of classifying illnesses because there \u201cwas some debate on whether the DSM-IV [was] a compromised document.\u201d Dr. Newton testified that there were two schools of thought on the DSM-IV One school believe that the manual was \u201ctoo rigid because it does not take into account those varying aspects within the clinical practice of psychiatry.\u201d Dr. Newton testified that many insurance companies now utilized the International Classification of Disease (ICD-9-CM) rather than the DSM-IV Dr. Newton however conceded that the DSM-IV was \u201cused most frequently and most and frequently referred to *** set standards for treatment within the psychiatric community.\u201d Dr. Newton then testified that there were portions of her diagnosis that \u201cconcur\u201d with the DSM-IV and that there were portions of her diagnosis that were \u201cmore likely related to neurological disorders as opposed to psychiatric disorders in and of themselves\u201d; thus, she explained that those portions of her diagnosis would not appear in the DSM-IV Dr. Newton also testified that an EEG did not detect all electrical disturbances in the human brain and that an \u201cawake EEG\u201d is used \u201cprimarily to determine whether someone has a major disorder or not or epileptic disorder or not.\u201d Dr. Newton testified that the only way to rule out an electrical dysfunction would be to perform an \u201c[a]sleep EEG with nasal pharyngeal leads.\u201d\nOn cross-examination, Dr. Newton testified that the EEG that was performed on defendant was performed by her order, but she testified that an \u201casleep EEG\u201d was never conducted although she had requested such a test. However, Dr. Newton testified that she did not need an \u201casleep EEG\u201d to reach her conclusion that defendant was insane at the time of the stabbing because the \u201cEEG was to determine whether or not he had epilepsy or whether or not he had an irritable fossae in the brain as a result of that.\u201d\nE. The Trial Court\u2019s Findings\nSubsequent to closing arguments, the trial court found defendant sane at the time of Naomi\u2019s death and found defendant guilty but mentally ill of first-degree murder. The trial court noted that the State and defendant presented expert testimony regarding defendant\u2019s sanity \u201c[a]nd the two experts have a disagreement on the ultimate conclusion as to whether or not [defendant] was insane at the time\u201d of the offense. The court found that Dr. Newton \u201cfound post-traumatic disorder, episodic psychiatric features to the major depression, postcon-cussion syndrome as being what I would interpret as serious mental diseases rather than mental defects.\u201d The trial court then found that Dr. Echevarria \u201cdid not find any evidence to support a diagnosis of post-traumatic stress disorder using the standards that have been put forth in the DSM-IV\u201d which \u201cis certainly one of the most significant standard evaluating tools used in the psychiatric and psychological profession[s].\u201d The court found that Dr. Newton was impeached because \u201c[t]he credibility of the doctor is certainly subject to question when she has not used the correct legal standard in her \u2014 certainly in her report, acknowledging in her testimony as to what the definition of insanity is in Illinois.\u201d The court also found that it \u201cwas telling\u201d that postconcussion syndrome was not recognized in the DSM-IV The court also found that Dr. Newton\u2019s conclusion that Naomi\u2019s scratching of defendant\u2019s face triggered hypoxia was not likely. From the defendant\u2019s videotaped statement hours after Naomi\u2019s death, the court found defendant\u2019s scratches \u201csuperficial\u201d and not of such a nature that would \u201ctrigger some type of complete alteration in one\u2019s brain function subject to all of a sudden rendering them insane for any behavior that then took place.\u201d Further, the court found that Naomi\u2019s reaction to defendant\u2019s suicide threat caused him to become \u201cvery angry,\u201d which led \u201cto this violent outburst where he repeatedly stabbed and killed [Naomi].\u201d As noted the trial court sentenced defendant to 30 years in the Illinois Department of Corrections. This appeal followed.\nII. ANALYSIS\nOn appeal, defendant first argues that the trial court\u2019s finding that defendant was not insane at the time of Naomi\u2019s slaying and was against the manifest weight of the evidence.\nSection 6 \u2014 2 of the Illinois Criminal Code of 1961 (Code) provides:\n\u201c(a) A person is not criminally responsible for conduct if at the time of such conduct, as a result of mental disease or mental defect, he lacks substantial capacity to appreciate the criminality of his conduct.\u201d 720 ILCS 5/6 \u2014 2(a) (West 2004).\nAll defendants are presumed sane and a defendant must prove by clear and convincing evidence that he was not guilty by reason of insanity. 720 ILCS 5/6 \u2014 2(e) (West 2004). When a defendant raises the affirmative defense of insanity, the State is not required to prove beyond a reasonable doubt that defendant was not insane at the time of the offense. 720 ILCS 5/6 \u2014 2(e) (West 2004). Rather, defendant bears the burden of proof, and \u201cthe existence of \u2018mental illness,\u2019 as defined in section 6 \u2014 2 [of the Code], is a question of fact.\u201d People v. Urdiales, 225 Ill. 2d 354, 428 (2007). The trial court\u2019s sanity determination will not be overturned unless it is contrary to the manifest weight of the evidence. Urdiales, 225 Ill. 2d at 427. Moreover, because the trier of fact determines the weight to be given to testimony, witness credibility and the reasonable inferences to be drawn from the testimony, and resolves any inconsistencies or conflicts in the evidence, a reviewing court will not substitute its judgment for that of the trier of fact. People v. Sutherland, 223 Ill. 2d 187, 242 (2006).\nA defendant who fails to meet his burden in establishing his legal insanity at the time of the commission of a criminal offense may be found guilty but mentally ill if the defendant was suffering from a mental illness at the time of the offense. 720 ILCS 5/6 \u2014 2(c) (West 2004). However, a defendant found guilty but mentally ill is not absolved of criminal responsibility, and a court may sentence defendant to any sentence that may have been imposed upon a defendant convicted of the same offense without a finding of mental illness. 720 ILCS 5/6 \u2014 2(c) (West 2004); People v. Johnson, 146 Ill. 2d 109, 131-32 (1991). A defendant found guilty but mentally ill \u201cis no less guilty than one who is [found] guilty and not mentally ill.\u201d People v. Crews, 122 Ill. 2d 266, 278 (1998). The only difference that exists between the two verdicts is that upon a finding of guilty but mentally ill, the Illinois Department of Corrections must \u201ccause periodic inquiry and examination to be made concerning the nature, extent, continuance, and treatment of the defendant\u2019s mental illness.\u201d 730 ILCS 5/5 \u2014 2\u2014 6(b) (West 2004); People v. Lantz, 186 Ill. 2d 243, 253 (1999). Additionally, the Illinois Department of Corrections must provide \u201csuch psychiatric, psychological, or other counseling and treatment for the defendant as it determines necessary.\u201d 730 ILCS 5/5 \u2014 2\u20146(b) (West 2004).\nIn the case at bar, the parties presented respective expert testimony regarding defendant\u2019s sanity. As noted, Dr. Newton was called by the defense and testified that defendant was insane at the time of Naomi\u2019s slaying and Dr. Echevarria was called by the State to rebut defendant\u2019s insanity defense.\nAs noted, Dr. Newton diagnosed defendant with posttraumatic stress disorder and postconcussion syndrome. Dr. Newton found that defendant was legally insane at the time of Naomi\u2019s slaying and opined that defendant would not have been able to understand the seriousness of his actions and that he would not have been able to comport his conduct to the law. Dr. Echevarria testified that his psychiatric opinion was that defendant was legally sane at the time of the offense and that there was no evidence to support Dr. Newton\u2019s diagnosis of posttraumatic stress disorder. Further, Dr. Echevarria testified that he \u201cnever heard\u201d of postconcussion syndrome and that such an illness was not recognized by the DSM-IV\nAs the central issue at trial was the conflicting expert testimony, it was in the unique province of the trial court, as the trier of fact, to determine which expert it would regard as more credible and worthy of belief. People v. Roper, 116 Ill. App. 3d 821, 824 (1983). Further, because the weight given to an expert\u2019s opinion is measured by the stated reasons and the factual details supporting the conclusion, the trial court was \u201cfree to accept one expert\u2019s testimony over another\u2019s\u201d and decide the \u201cweight to accord the experts\u2019 respective testimony.\u201d People v. Cundiff, 322 Ill. App. 3d 426, 433 (2001).\nAs noted, in finding the defendant sane at the time of Naomi\u2019s death, the trial court noted that the State and defendant presented expert testimony regarding defendant\u2019s sanity \u201c[a]nd the two experts have a disagreement on the ultimate conclusion as to whether or not [defendant] was insane at the time\u201d of the offense. The court found that Dr. Newton \u201cfound post-traumatic disorder, episodic psychiatric features to the major depression, post-concussion syndrome as being what I would interpret as serious mental diseases rather than mental defects.\u201d The trial court then found that Dr. Echevarria \u201cdid not find any evidence to support a diagnosis of post-traumatic stress disorder using the standards that have been put forth in the DSM-I\\(\u201d which \u201cis certainly one of the most significant standard evaluating tools used in the psychiatric and psychological profession[s].\u201d The court found that Dr. Newton was impeached because \u201c[t]he credibility of the doctor is certainly subject to question when she has not used the correct legal standard in her \u2014 certainly in her report, acknowledging in her testimony as to what the definition of insanity is in Illinois.\u201d The court also found that it \u201cwas telling\u201d that postconcussion syndrome was not recognized in the DSM-IV The court also found that Dr. Newton\u2019s conclusion that Naomi\u2019s act of scratching defendant\u2019s face triggered hypoxia in defendant was not likely. From the defendant\u2019s videotaped statement hours after Naomi\u2019s death, the court found defendant\u2019s scratches \u201csuperficial\u201d and not of such a nature that would \u201ctrigger some type of complete alteration in one\u2019s brain function subject to all of a sudden rendering them insane for any behavior that then took place.\u201d Further, the court found that Naomi\u2019s reaction to defendant\u2019s suicide threat caused him to become \u201cvery angry,\u201d which led \u201cto this violent outburst where he repeatedly stabbed and killed [Naomi].\u201d Based upon the trial court\u2019s determination that Dr. Echevarria\u2019s testimony was more credible than the testimony of Dr. Newton, this court cannot say that the trial court\u2019s finding that defendant was sane at the time of Naomi\u2019s death was against the manifest weight of the evidence.\nFurthermore, other evidence at trial, not specifically noted in the trial court\u2019s ruling, supports the finding that defendant was sane at the time of the offense. Defendant possessed the mental faculties to transport two steak knives in his backpack when traveling to Naomi\u2019s home to speak with her on October 17, 2003. He possessed the mental faculties to flee when Naomi\u2019s mother opened the door of her home and found defendant standing over her daughter. He possessed the mental faculties to discard of the murder weapon, which was never recovered.\nDespite the foregoing, defendant argues that the trial court erred by discounting Dr. Newton\u2019s testimony. Defendant argues that the trial court wrongfully discounted Dr. Newton\u2019s testimony because she did not \u201cparrot\u201d the statutory language defining \u201cinsanity\u201d found in section 6 \u2014 2 of the Code. 720 ILCS 5/6 \u2014 2(a) (West 2004). In support of his argument for reversal defendant cites People v. Dwight, 368 Ill. App. 3d 873 (2006), where this court stated:\n\u201cWe find no authority to support the proposition that a defense witness has to say the defendant, due to mental illness or disease, lacked the substantial capacity to appreciate the criminality of his conduct when he committed the offense.\u201d Dwight, 368 Ill. App. 3d at 880.\nThe issue in Dwight was whether a defendant was entitled to a jury instruction regarding \u201cinsanity\u201d based on a combination of lay and expert testimony. The trial court in Dwight rejected the defendant\u2019s request for the \u201cinsanity\u201d instruction. On appeal, the State argued that the defendant failed to meet his burden to support an \u201cinsanity\u201d instruction because no witness at trial testified that \u201cat the time of the offense defendant lacked [the] substantial capacity to appreciate the criminality of his conduct.\u201d Dwight, 368 Ill. App. 3d at 880. In reversing, this court held that a defendant is entitled to a jury instruction regarding \u201cinsanity\u201d if the evidence at trial warrants the instruction despite the fact that no witness at trial used the statutory language regarding insanity. Dwight, 368 Ill. App. 3d at 880. The case at bar does not involve the question of whether defendant was entitled to a jury instruction. Rather, it involves whether the trial court\u2019s finding that defendant was not insane at the time of the criminal conduct was against the manifest weight of the evidence. The trial court in the case at bar was aware of the Illinois definition of \u201cinsanity,\u201d weighed the respective expert testimony, and found that defendant was not insane at the time of the instant offense. As we have already noted, this court cannot say that the trial court\u2019s finding with regard to defendant\u2019s sanity at the time of the offense was against the manifest weight of the evidence.\nDefendant then contends that he is entitled to a new trial because he received ineffective assistance of counsel. Specifically, defendant argues that his trial counsel was ineffective because counsel failed to file a timely motion to suppress his postarrest inculpatory statements, failed to consult with defendant in advance of trial regarding defendant\u2019s right to testify, and proceeded to trial without the benefit of an asleep EEG, which was necessary for a proper presentation of Dr. Newton\u2019s testimony. Finally, defendant contends that the cumulative effects of trial counsel\u2019s errors deprived him of a fair trial.\nWe begin by reiterating the oft-cited principles related to a defendant\u2019s claim of ineffective assistance of counsel. \u201cTo prevail on a claim of ineffective assistance of counsel, a defendant must show that his attorney committed such serious errors as to fall beyond an objective standard of reasonableness, and that, without those objectively unreasonable errors, there was a reasonable probability that his trial would have resulted differently.\u201d This is a two-prong test. People v. Ward, 371 Ill. App. 3d 382, 434 (2007), citing Strickland v. Washington, 466 U.S. 668, 687-94, 80 L. Ed. 2d 674, 693-98, 104 S. Ct. 2052, 2064-68 (1984); People v. Albanese, 104 Ill. 2d 504, 526 (1984). \u201cIn Strickland, the United States Supreme Court delineated the two-prong test to use when evaluating whether a defendant was denied the effective assistance of counsel in violation of the sixth amendment.\u201d (Emphasis added.) People v. Bell, 373 Ill. App. 3d 811, 821 (2007). \u201cUnder Strickland, a defendant must demonstrate that counsel\u2019s performance was deficient and that such deficient performance substantially prejudiced defendant.\u201d Bell, 373 Ill. App. 3d at 821, citing Strickland, 466 U.S. at 687, 80 L. Ed. 2d at 693, 104 S. Ct. at 2064. Our Illinois Supreme Court has stated that to demonstrate performance deficiency, a defendant must establish that counsel\u2019s performance was below an objective standard of reasonableness. People v. Edwards, 195 Ill. 2d 142, 163 (2001). In evaluating sufficient prejudice, \u201c[t]he defendant must show that there is a reasonable probability that, but for counsel\u2019s unprofessional errors, the result of the proceeding^] would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.\u201d Strickland, 466 U.S. at 694, 80 L. Ed. 2d at 698, 104 S. Ct. at 2068.\nAs noted, defendant\u2019s first contention under Strickland is that defense counsel was ineffective for failing to file a motion to suppress his postarrest inculpatory statements prior to trial. In order to prevail on his claims, defendant bears the burden of showing that the motion to suppress would have probably been granted if made prior to trial (People v. Bennett, 222 Ill. App. 3d 188, 201 (1991)) and that the trial outcome would have been different if the evidence had been suppressed (Bennett, 222 Ill. App. 3d at 203). Moreover, defense counsel is not required to present losing motions in order to provide effective legal assistance. People v. McCarthy, 213 Ill. App. 3d 873, 886 (1991). We first address the issue regarding the timing of the motion to suppress defendant\u2019s inculpatory statements made subsequent to his arrest. Section 114 \u2014 11 of the Illinois Code of Criminal Procedure of 1963, entitled \u201cMotion to Suppress Confession,\u201d provides:\n\u201c(a) Prior to the trial of any criminal case a defendant may move to suppress as evidence any confession given by him on the ground that it was not voluntary.\n(b) The motion shall be in writing and state facts showing wherein the confession is involuntary.\n(c) If the allegations of the motion state facts which, if true, show that the confession was not voluntarily made the court shall conduct a hearing into the merits of the motion.\n^ ^ ^\n(g) The motion shall be made before trial unless opportunity therefor did not exist or the defendant was not aware of the grounds for the motion.\u201d 725 ILCS 5/114 \u2014 11(a), (b), (c), (g) (West 2004).\nThis statute clearly sets forth that the appropriate time for filing motions to suppress is prior to trial, unless the circumstances indicate that the subsection (g) exception should apply.\nAs noted, defense counsel, for the first time, sought leave to file a motion to suppress defendant\u2019s inculpatory statements on the first day of trial. Defense counsel stated that filing the motion was a matter of \u201chousekeeping.\u201d After a short recess, the defense answered ready for trial, and no motion to suppress defendant\u2019s postarrest statements was filed. Per the foregoing, it is clear that if the defense were to file a motion to suppress defendant\u2019s postarrest statements, that motion should have been filed in advance of trial.\nHowever, our analysis pertaining to defendant\u2019s ineffective assistance claim does not end here. As noted, defendant must still demonstrate that the motion to suppress probably would have been granted if made (People v. Bennett, 222 Ill. App. 3d 188, 201 (1991)) and that the trial outcome would have been different if the evidence had been suppressed (Bennett, 222 Ill. App. 3d at 203). We now proceed to those considerations.\nDefendant argues that his trial counsel should have filed a motion to suppress his postarrest statements because it is unclear from the record of the case at bar that defendant had the mental capabilities to understand his Miranda rights.\nThe State initially argues that defendant suffered no prejudice by defense counsel\u2019s decision not to file a motion to suppress because his identity as Naomi\u2019s killer was never in doubt; as defendant asserted the affirmative defense of insanity, he admitted that he committed the acts charged. We reject the categorical assertion offered by the State. It is clear under Illinois law that a defendant may both, as defendant did here, assert the affirmative defense of insanity and deny that he committed the acts charged by pleading not guilty and simultaneously asserting the insanity defense. See People v. Ford, 39 Ill. 2d 318 (1968); People v. Moore, 147 Ill. App. 3d 881, 885 (1986).\nHowever, we do agree with the State\u2019s contention that even had the motion to suppress defendant\u2019s postarrest statement been filed, it would not have probably been granted. As noted, prior to trial, the court ordered a BCX to determine defendant\u2019s fitness to stand trial, defendant\u2019s ability to understand Miranda, and defendant\u2019s sanity. The results of the BCX were that defendant was fit to stand trial, did possess the mental capabilities to understand Miranda, and was sane at the time of the administration of the BCX. Per the results of the BCX, which determined that defendant possessed the capabilities to understand Miranda, we find that the motion to suppress defendant\u2019s postarrest statements would not have probably been granted had the motion to suppress been made.\nWe also note that defendant consented to have his postarrest statements memorialized on videotape. As noted, the videotape was played in open court, but is not included in the record of this case. It is well settled that it is defendant\u2019s burden to prepare a complete record for appellate review. Midstate Siding & Window Co. v. Rogers, 204 Ill. 2d 314, 319 (2003). We can only presume that defendant was given and acknowledged his Miranda warnings before providing his videotaped statement. If there was evidence contained in the videotape that defendant was unable to understand his Miranda warnings, it is not before this court. Any doubts arising from the incompleteness of the record must be construed against defendant. Rogers, 204 Ill. 2d at 319.\nDefendant then argues that he was denied the effective assistance of counsel because he was never given the opportunity to discuss the advantages and disadvantages of testifying on his own behalf with his trial counsel. As noted, after Dr. Newton\u2019s testimony, the defense rested its case-in-chief. The trial court admonished defendant regarding his right to testify. The trial court asked defendant whether he understood that he had a right to testify and defendant responded that he did know that he had such a right. The trial court then asked defendant whether he had discussed the possibility of him testifying with his attorney. After defendant responded that he had not discussed the matter with his attorney, the trial court again asked whether he knew he had a right to testify and defendant indicated that he did. Defendant then stated that it was his decision not to testify, that he had not been threatened, forced, or promised anything in exchange for not testifying, and that he desired to rest his case-in-chief. The record conclusively establishes that defendant\u2019s decision not to testify was informed, rational, and voluntary. People v. Davis, 373 Ill. App. 3d 351, 361 (2007). Furthermore, defendant offers no support from the record that the outcome of his trial would have differed had his attorney discussed testifying with him. As such, defendant cannot establish that he suffered any prejudice from counsel\u2019s failure, and his claim fails under the second Strickland prong.\nDefendant then argues that he was denied the effective assistance of counsel because trial counsel proceeded to trial without the benefit of an asleep EEG, which was necessary for Dr. Newton\u2019s opinion that defendant was insane at the time of the instant offense. We find that this argument also fails under the second Strickland prong because defendant can demonstrate no prejudice as a result of defense counsel\u2019s decision to proceed to trial without the benefit of an asleep EEG. The absence of the asleep EEG did not hinder defendant\u2019s presentation of Dr. Newton\u2019s testimony, because Dr. Newton testified that an asleep EEG was unnecessary to her opinion that defendant was insane at the time of the instant offense. Thus, even had the asleep EEG been performed, it would not have altered Dr. Newton\u2019s opinion.\nDefendant then maintains that the cumulative effect of all of defense counsel\u2019s alleged errors deprived him of a fair trial. We find this argument unpersuasive. \u201cThe whole can be no greater than the sum of its parts\u201d and defendant has failed to demonstrate anything warranting reversible error in the myriad of arguments offered to justify reversal for ineffective assistance of counsel. People v. Albanese, 102 Ill. 2d 54, 82-83 (1984). While it is true that trial errors may have a cumulative effect when considered together (People v. Killian, 42 Ill. App. 3d 596, 601 (1976)), defendant has failed to establish this in this case.\nIII. CONCLUSION\nFor the foregoing reasons, we affirm the judgment of the circuit court of Cook County.\nAffirmed.\nWOLFSON and GARCIA, JJ., concur.\nThe record reveals that the videotape was played in open court; however, the videotape is not included in the record on appeal.", "type": "majority", "author": "PRESIDING JUSTICE ROBERT E. GORDON" } ], "attorneys": [ "Allan A. Ackerman and John C. Derscheid, law student, both of Chicago, for appellant.", "Anita Alvarez, State\u2019s Attorney, of Chicago (James E. Fitzgerald, Manny Magence, and Omar Jaleel, Assistant State\u2019s Attorneys, of counsel), for the People." ], "corrections": "", "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. PIERRE HOUSEWORTH, Defendant-Appellant.\nFirst District (1st Division)\nNo. 1 \u2014 07\u20143362\nOpinion filed December 22, 2008.\nRehearing denied February 25, 2009.\nAllan A. Ackerman and John C. Derscheid, law student, both of Chicago, for appellant.\nAnita Alvarez, State\u2019s Attorney, of Chicago (James E. Fitzgerald, Manny Magence, and Omar Jaleel, Assistant State\u2019s Attorneys, of counsel), for the People." }, "file_name": "0037-01", "first_page_order": 53, "last_page_order": 73 }