Robert Simpson - Cook County State's Attorney

he wanted to represent himself and defendant responded each time that he was ready for trial. (R. 42)The trial court advised defendant that it would inform him of the charges he faced, thepotential penalties involved and his rights under the law. (R. 42-43) Accordingly, the trial court readto defendant each of the eight counts he was charged with and explained the possible penalties foreach of the offenses. (R. 43-51) The trial court specifically advised defendant that if it were proventhat defendant committed first degree murder during the course of a felony, the People could requestthat defendant receive the death penalty. (R. 47) The trial court explained in detail the two phases ofthe death penalty hearing, and advised defendant that in the absence of mitigating factors, the courtwould be required to impose a death sentence. (R. 47) The trial court asked defendant if heunderstood the charges against him and the possible penalties involved, and defendant replied that hedid. (R. 45-46, 51) The trial court asked defendant whether he still wished to give up his right to alawyer and defendant replied that he did, "if that's what it takes to go to trial." (R. 46, 51)Defendant again expressed his dissatisfaction with the fact that each time he was in court, adifferent attorney appeared who was not sufficiently familiar with his case. (R. 52) The trial courtreplied that Assistant Public Defender Rago, who had handled many serious cases such asdefendant's, was well-versed in the law, knowledgeable as to the appropriate motions to be filed andwould represent defendant throughout the pendency of the case as lead counsel. (R. 52-53) The trialcourt stated that defendant's attorney was willing to represent him to the best of his ability but thatdefendant's counsel was asking for a continuance in order to assess the case. (R. 54-55) In short, thetrial court summarized, defendant's attorneys were informing the court that they could not effectivelyrepresent defendant without further investigating the case, and the trial court would not compel them5