FIFTH DIVISION
April 15, 2005

No. 1-02-3574

JUSTICE GALLAGHER delivered the opinion of the court:

Following a jury trial, defendant William Carini was convicted in 1985 of concealing the homicidal deaths of John Kuba and Joanne Seaquist. After serving prison time for those offenses, defendant was tried in 2002 for the first degree murder of Kuba and Seaquist. Following a bench trial, defendant was convicted and sentenced to natural life in prison. On appeal, defendant now contends that the trial court erred in: (1) denying his motion to dismiss the indictment based on unreasonable pre-indictment delay; (2) denying his counsel's request for a continuance to present the testimony of a witness who would testify regarding defendant's relationship with Ed Kuba, who is defendant's uncle and was John Kuba's brother; and (3) failing to address his posttrial pro se complaints of ineffective assistance of trial counsel. For the reasons that follow, we affirm defendant's convictions for first degree murder.

While the facts surrounding the deaths of John Kuba (hereinafter referred to as Kuba) and Joanne Seaquist are largely detailed in People v. Carini, 151 Ill. App. 3d 264, 502 N.E.2d 1206 (1986), certain testimony described in that opinion is pertinent to defendant's contentions in this appeal.⁽¹⁾ On September 3, 1983, the bodies of Kuba and Seaquist, a friend of defendant, were found in the trunk of Kuba's white 1968 Chevrolet, which was housed in a self-storage facility in Northbrook. Defendant had rented the storage space on April 5, 1983.

In the months before Kuba's death, defendant and Kuba, who was defendant's uncle, lived in a Glenview house that had belonged to Kuba's parents (defendant's grandparents). Defendant testified that on the night of April 2, 1983, he and Seaquist were at the house, and Kuba came home. Defendant went to sleep in the basement, leaving Kuba and Seaquist in the kitchen. Defendant testified that he later was awakened by gunshots and loud voices, including Kuba's. Defendant stated that he hid in a crawlspace for about an hour before going upstairs to find Kuba and Seaquist missing.

To counter the State's charge that he concealed Kuba and Seaquist's homicidal deaths, defendant raised the affirmative defense of compulsion, testifying that while he searched the house for signs of Kuba and Seaquist on April 3, an anonymous telephone caller directed him to "get rid of the Chevy." That call was followed by two additional calls ordering defendant to dispose of the car. Defendant received a fourth phone call on April 4, and he brought the Chevrolet to the self-storage facility the next day.

Defendant was convicted of two counts of concealment of homicidal death. On appeal, this court affirmed defendant's convictions but modified his consecutive five-year terms, holding that the two five-year sentences should be served concurrently. Carini, 151 Ill. App. 3d at 287, 502 N.E.2d at 1220. Defendant was released from prison in August 1987.

At defendant's 2002 trial, the State presented the following relevant evidence. Seaquist's sister, Jennifer Brenner, testified that at about 11 p.m. on April 2, 1983, Seaquist called home at the end of her shift at her waitressing job to tell Brenner that defendant was picking her up from work. When Seaquist did not return home the following morning, Brenner called defendant, who said he had dropped Seaquist off at a bar at 5 a.m. On cross-examination, Brenner stated that although her sister and defendant were not friends, Seaquist did not dislike defendant, and they often spent time with other people at a local park. Brenner did not know if Seaquist had known Kuba.

The parties stipulated to the entry of the testimony of Seaquist's mother from defendant's previous trial. Seaquist's mother, who was also named Joanne, corroborated Brenner's testimony regarding her daughter's phone call from work on April 2. Seaquist testified that her daughter and defendant had known each other since childhood and that their families once lived in the same neighborhood. Seaquist stated that her daughter and defendant were friends but had not dated.

Jon Johnson testified that he was a friend of Seaquist and defendant. On the night of April 2, Johnson and defendant were playing pool at defendant's house. Johnson testified that because he was afraid of Kuba, he asked defendant if Kuba was home, and defendant replied that Kuba had been missing for a couple of weeks. Johnson testified that Seaquist called and asked defendant to pick her up. Defendant, Johnson and Seaquist arrived back at defendant's house at 3 or 4 a.m. on April 3. Johnson testified that he left the house at about 5 a.m.

Johnson testified that on April 4 or 5, he was questioned by local police, and defendant called him to ask what he had said. Johnson asked defendant if he and Seaquist were romantically or sexually involved, and defendant responded that he was interested in Seaquist but that she did not feel the same way. According to Johnson, defendant also remarked about a part of Seaquist's female anatomy.

David Pinter testified that in 1983, he was defendant's supervisor at United Parcel Service (UPS). As he had testified at defendant's earlier trial, Pinter stated that on March 31, defendant did not come to work and did not call to explain his absence. The next day, defendant came to work and told Pinter he was absent the previous day because his uncle was found dead and he had been making arrangements.

Kathleen Kuba testified that she and Kuba married in 1978 and were involved in divorce proceedings in 1982 and 1983. Kathleen stated that she and Kuba were scheduled to appear in court regarding their divorce on April 4, 1983, which was a Monday. Kathleen testified that on March 26, defendant called her and told her not to "bother going to court Monday. Uncle John is never going to show. They'll never find him."

Gary Campbell testified that he and Kuba were acquainted through their mutual interest in race cars and that he also had met defendant. On or around April 8, 1983, defendant contacted Campbell about selling car parts that belonged to Kuba. When Campbell questioned defendant about his offer because he knew that Kuba was very protective of his cars, defendant replied, "F- - - it. Don't worry about it. John's dead."

Katherine Owens testified that she was a high school friend of Seaquist and that she and another friend, Teri Budzik, went to defendant's house on the afternoon of April 4 to ask him about Seaquist's disappearance. Owens also stated although she did not mention Kuba, defendant told them that Kuba had been missing for a week and that he had reported Kuba missing to police.

Philip Bettiker testified that as a Cook County sheriff's detective, he was at the Glenview home on April 19, 1983. Bettiker stated that Ed Kuba consented to a search of the home. Bettiker asked defendant about his missing uncle, and defendant replied that he had not seen Kuba since March 26, when he had been in his basement bedroom and heard Kuba in the kitchen with several people.

Bettiker's testimony was consistent with that offered at defendant's earlier trial. In addition, Bettiker testified that during the interrogation of defendant on September 4 in an Iowa jail, defendant called Kuba a "jagoff" and said that Kuba belittled him and that they would argue and fight. Defendant told Bettiker that Kuba dealt in cocaine and owed money to many people and that the Chicago Outlaws may have been responsible for Kuba's death.

Deborah Prusinski, who had a child with defendant in 1989, testified that while she and defendant were living together in the summer of 1988, she asked defendant about Seaquist. Defendant told her that he had killed Kuba because Kuba "deserved to die." Defendant denied killing Seaquist, saying he had been in love with her. Prusinski testified that defendant did not tell her that a struggle had taken place or that Kuba had killed Seaquist. Prusinski said that these conversations took place shortly after she and defendant had ingested heroin and cocaine. Prusinski was imprisoned from 1992 to 1996 for burglary, and in 1995, she contacted the office of the Lake County State's Attorney regarding defendant's comments about Seaquist and Kuba.

Ed Kuba testified, as he did at defendant's earlier trial, that he last spoke to his brother on March 24, and they arranged to meet at the house on the morning of March 26 to look at a car Kuba bought. When Ed and his wife entered the house on March 26, defendant told them that Kuba had left at about 2 a.m. with two men. Ed, his wife and defendant went into the garage, and Ed noted that the engine of one of his brother's cars was warm. Defendant told Ed he had taken the car for a drive. Ed testified that was unusual because Kuba "never let anybody drive his cars." On March 28 or 29, defendant told Ed he was selling Kuba's car parts because Kuba owed him money.

At about 8:30 a.m. on April 3, Ed and his wife returned to the house, and defendant told them he had not heard from Kuba. The following week, Ed returned to the home and discovered bloodstains on a set of stairs in the garage. Ed scraped up some of the stain onto a piece of paper and gave the sample to police.

On cross-examination, Ed stated that he had operated a commercial carpet installation and cleaning company since 1983. From 1968 to 1974, he ran a carpet cleaning business and defendant worked for him at some point in the 1970s. Ed stated that during April and May 1983, he called defendant to see if he had seen or heard from Kuba. In April, after Ed returned from a meeting with Vernon Hills police officers, he received a message on his answering machine from a caller who stated, "Get your headstones. You're next." Ed recognized the voice as defendant's. Ed testified that he knew Julius Echeles, who had represented defendant at his earlier trial.

Larry Laschen testified that in 1983, he was the Vernon Hills police chief and was involved in investigating the deaths of Kuba and Seaquist. Laschen stated that within two months after Kuba disappeared, Ed told Laschen that he was afraid of defendant. Laschen's testimony was admitted to refute a charge that Ed's testimony was of recent fabrication.

The State offered medical testimony that Seaquist died of strangulation and that Kuba was shot a total of seven times in the chest, neck and abdomen.

John Apel testified that he is a Chicago police officer and a cousin of the Kuba brothers. Apel stated that one or two weeks before he learned that Kuba was missing, Kuba told him that he owed a lot of money to a drug dealer. Apel arranged for Kuba to meet with four or five narcotics officers. On cross-examination, Apel stated that Ed had served as a confidential informant to police and against him (Apel) and that he was upset with Ed about that.

Defendant testified that he moved into his grandparents' home when he was 12 years old and that both of his uncles also lived there at various times. Kuba was about five years older than defendant, and Ed was about 13 years older than defendant. Defendant said he worked for Ed's carpet cleaning company between 1978 and 1980.

Defendant said he and Seaquist were "good friends" but were never romantically involved. He stated that at about 8 a.m. on March 14, 1983, Kuba brought Seaquist home after the two had been at a bar together, and the two of them snorted cocaine and Kuba unsuccessfully tried to persuade Seaquist to try on some lingerie. Defendant said he drove Seaquist home that afternoon.

Consistent with the testimony of Detective Bettiker, defendant testified that on March 26, he heard Kuba in the kitchen with several people. However, defendant's account of April 2 and 3 differed from his testimony at his earlier trial. Defendant testified that after he, Johnson and Seaquist returned home from their evening out, Johnson left and Kuba came home. Defendant said that Kuba asked defendant about Seaquist and the lingerie, and defendant told Kuba not to "play that game." Defendant testified that Kuba asked him to go downstairs and put on a record album. Defendant went in the basement and remained there, listening to the entire album. After the album ended, defendant heard a scream upstairs. Defendant went upstairs and found Kuba attacking Seaquist in the master bedroom. Defendant said Kuba had a tie around Seaquist's throat and was shaking her. Defendant stated that he intervened to stop Kuba and while he and Kuba struggled, he took a gun away from Kuba and fired several times. After shooting Kuba, defendant checked on Seaquist and found that she was dead. Defendant testified that Kuba killed Seaquist and that he killed Kuba in self-defense and in defense of Seaquist. Defendant said that he ran to the phone but did not call anyone and that he "passed out."

Defendant testified that Ed advised him to conceal the deaths. Defendant testified that on April 3, he woke up when Ed entered the house alone. Defendant pointed toward the bedroom and told Ed that it "wasn't [defendant's] fault." According to defendant, Ed said they would have to "get rid of" the bodies. Defendant stated that he backed the white Chevrolet into the garage, Ed brought Seaquist's body downstairs, and they carried Kuba downstairs together. Defendant testified that he and Ed cleaned up bloodstains, and Ed removed Seaquist's purse and other possessions from the home. Defendant testified that Ed ordered him to take the car to a facility that crushes automobiles but that defendant did not do that because he did not want Seaquist's body to be crushed.

Defendant stated that when Seaquist's mother called, he told her that he had dropped Seaquist off at a bar. Defendant said that Ed told him to say that; however, defendant could not recall when Ed had given that direction. Defendant admitted that he lied to police and to Seaquist's family. When asked if he testified truthfully at his previous trial, defendant replied that he "didn't tell all the truth." Defendant testified that when he told Ed on April 4 that he did not have the car crushed, Ed cursed at him and said he already had reported his brother missing.

Defendant testified that he did not go to work at UPS on March 31 because Ed had called earlier that day and asked for his help in burglarizing a home; however, defendant said Ed never called again in furtherance of that plan. Defendant denied telling Pinter that his uncle had been found dead and that he had been busy making funeral arrangements, instead stating that he told Pinter he was concerned that he had not heard from either of his uncles the previous night and that if Kuba "turn[ed] up dead," defendant would have to "make arrangements to attend another damned funeral."

Regarding his first trial, defendant testified that he and Ed "put [his] defense together," along with Echeles, although defendant stated that his uncle was not present when he first met with Echeles. Defendant testified that at his earlier trial, he was "taking signals" from Ed and answered "yes" or "no" based on Ed's eye movements. Defendant said he and his cousin, Dennis Liberti, worked for Ed's company in the early 1990s as carpet installers.

In rebuttal, the State called Bruce Paynter, one of the prosecutors at defendant's earlier trial, who testified that Ed was the first witness at that trial and that after his testimony, Ed was not present in the courtroom for the rest of the trial.

Ed testified that he did not see the bodies of his brother or Seaquist at the house on April 3 and did not plan with defendant to conceal the deaths. Ed stated that although defendant worked for his carpet company during the 1970s, defendant did not work for him in the early 1990s, as Liberti had. In surrebuttal, defendant testified that when he worked for Ed's company in 1991, he initially was paid by Liberti but he eventually received a check signed by Ed.

The trial court found defendant guilty of the first degree murder of Kuba and Seaquist, stating, inter alia, that the "credible evidence" led to the conclusion that Kuba died on March 25 or 26. The court based its conclusion on Kathleen Kuba's testimony that defendant told her on March 26 that "they'll never find [Kuba]"; the testimony of Pinter, defendant's boss at UPS, that defendant told him on April 1 that his uncle was dead; and on Detective Bettiker's testimony that defendant told him on April 19 that he had not seen Kuba since March 26. The court also noted Johnson's testimony that Kuba was not at the house on April 2 and that defendant told Johnson that Kuba had been missing for a couple of weeks. From that testimony and other accounts, the court concluded that Kuba was killed on or about March 26 and therefore was not present on the night Seaquist was killed. The trial court noted that the only evidence that Ed was involved in a plot to conceal the deaths had been offered by defendant.

On appeal, defendant first contends that the trial court erred in denying his motion to dismiss the indictment based on the 3