JUSTICE CALLUM delivered the opinion of the court:

A jury convicted defendant, Edward A. Milka, of first-degreemurder (felony murder) (720 ILCS 5/9--1(a)(3) (West 1996)). Thetrial court sentenced defendant to 75 years' imprisonment. Defendant moved for the payment of $7,000 in fees to James Young,whom the court had appointed as an expert for defendant. The courtawarded Young $3,000 in fees. Defendant and Young appeal. Weaffirm defendant's conviction but reverse his sentence and remandthe cause for resentencing. Furthermore, we affirm Young's feeaward.

I. FACTS

A grand jury charged defendant with five counts. Count Ialleged that he committed first-degree murder (720 ILCS 5/9--1(a)(2) (West 1996)) in that he asphyxiated his niece, B.M.,knowing that his act created a strong probability of death or greatbodily harm. Count III alleged that he committed first-degreemurder (720 ILCS 5/9--1(a)(3) (West 1996)) in that he asphyxiatedB.M. while committing the forcible felony of predatory criminalsexual assault of a child (720 ILCS 5/12--14.1(a)(1) (West 1996)). Count IV alleged that he committed predatory criminal sexualassault of a child (720 ILCS 5/12--14.1(a)(1) (West 1996)) in thatdefendant, who was at least 17 years old, put an object into thevagina of B.M., who was less than 13 years old. Counts II and Vare not relevant here.

Before trial, defendant moved in limine to exclude a "visionstatement" that he gave the police during their investigation. Thecourt denied the motion, deeming the statement an admission.

Also, on defendant's motion, the court appointed variousexperts to assist him. Among those experts was Young, the chiefcoroner of Ontario, Canada. The court ordered the county to payYoung $5,000 as a retainer for his services.

At trial, the State produced the following evidence relevantto our analysis. John Dolan testified that on May 17, 1997, he wascanoeing on the Kishwaukee River near the Hemmingson Road Bridge inUnion. He saw on a sandbar the corpse of a young girl. The girlwas nude from the waist up and had white tape on her neck. Dolanfigured that the girl was B.M., who had been reported missing fromElgin. Dolan called the police.

On cross-examination, Dolan testified that a drive betweenUnion and Elgin would take 30 to 40 minutes.

Jeff Skornia testified that in 1997 he was eight years old. He lived in an apartment building in Elgin, and B.M. lived acrossthe hall. The last day he saw B.M., they went to Wing Park withtwo friends, Xavier and Vanessa. Skornia and B.M. then returned tothe apartment building and went inside. Skornia entered hisapartment, woke his mother, and gave her a Mother's Day present.

On cross-examination, Skornia testified that he and B.M. wereat the park from about 5 p.m. to about 6 p.m. When they returnedhome, Skornia did not see defendant. When the police spoke to him,Xavier, and Vanessa, someone told the police that "there had beena male white teenager who was weird and strange in the park."

Denise Kathleen Bango, Skornia's mother, testified that on May8, 1997, she was napping in her apartment. At 6 p.m., Skornia wokeher and gave her a Mother's Day present. B.M. disappeared the sameday.

Eugene Lowery, a McHenry County deputy sheriff, testified thatDolan discovered B.M's body about a mile downriver from theHemmingson Road Bridge. Several white farmhouses were in the area.B.M. was identified from her dental records. She was examined atthe county morgue on May 18, 1997. She was wearing jeans with thezipper partially open and underpants turned inside out.

On cross-examination, Lowery testified that no evidence wasdiscovered in the area where B.M. was found. Although defendant'shome and vehicle were searched, B.M.'s shirt was never found. Notape matching that on B.M.'s neck was found. The tape on B.M.'sneck contained no evidence. B.M.'s body and clothing contained noskin, hairs, bite marks, or fluids linking B.M. to defendant. Acouple of days after B.M. was discovered, the temperature of theriver was 11 degrees Centigrade.

On redirect examination, Lowery testified that defendant wasthe prime suspect because he gave a false alibi and stated thatB.M. was cold, wet, and "not breathing."

Craig Henderson, a special agent for the Federal Bureau ofInvestigation (FBI), testified that on May 10, 1997, he searched ablue Lincoln Towncar belonging to Florence Milka, defendant'smother. Henderson recovered some fabric samples from the car'sseats and carpets. He also recovered a McDonald's cup and lid,which were under some plastic bags on the floor behind thepassenger's seat. The interior of the car was generally unkempt. The trunk contained a vacuum cleaner and some garbage bags.

Karen A. Lanning, a physical scientist for the FBI, testifiedthat fibers on B.M.'s jeans were consistent with those in thecarpets of the Lincoln. Lanning could not determine when thefibers got onto the jeans.

Melissa Anne Smrz, a supervisory special agent for the FBI,testified that she examined blood on a floor mat of the Lincoln andon the McDonald's cup and lid. The blood genetically matched thatof B.M. B.M.'s relatives were excluded as sources of the blood. Smrz could not determine when the blood got onto the mat, cup, andlid.

On cross-examination, Smrz testified that she found no bloodor semen in the pubic and rectal areas of B.M.'s jeans andunderpants. She found no semen on a vaginal swab from B.M.

Wendi Howlett (Wendi), B.M.'s mother and defendant's sister,testified that on May 8, 1997, she and B.M. lived in an apartmentbuilding in Elgin. B.M. was 11 years old. About noon, B.M. had asandwich, a soda, and a can of fruit cocktail, including dicedpeaches, pears, and grapes. About 4 p.m., Wendi and B.M. went toMcDonald's. B.M. had chicken nuggets, french fries, and a drink,and Wendi had a drink as well. About 5 p.m., B.M. went to WingPark with her friends. Wendi left her apartment to visit hersister-in-law and returned about 6:10 p.m. B.M. was not there, andWendi believed that she was still at the park. Wendi began gettingready to go to work. She and defendant worked together at night,vacuuming and collecting garbage. That night, they were to meetfor work at a factory called W.J. Dennis. At 6:10 p.m., Wendi didnot see defendant or the Lincoln.

Wendi testified that, about 6:30 p.m., B.M.'s friends wereoutside the apartment building, but B.M. was not. B.M.'s friendstold Wendi that they saw B.M. riding her bicycle toward Wendi'ssister-in-law's house. B.M. was not there, and Wendi called thepolice. They arrived about 7:10 p.m., and various friends andfamily began looking for B.M. B.M.'s bicycle was found where itwas usually kept, in the basement of Wendi's apartment building. Although Wendi had agreed to meet him at W.J. Dennis, defendantdrove the Lincoln to Wendi's apartment building, arriving shortlyafter 8 p.m. He saw people gathered in front of the building andasked Wendi what happened.

On cross-examination, Wendi testified that she and defendantworked at W.J. Dennis on May 7, 1997. After work, they left theircleaning supplies there, and defendant drove Wendi home in theLincoln. Among the supplies that remained at W.J. Dennis was thevacuum cleaner that was in the trunk of the Lincoln on May 10. When defendant arrived at the apartment building on May 8, thebackseat of the Lincoln contained a garbage can that was left atW.J. Dennis the night before. Defendant's clothing did not appearunusual. He joined the search for B.M.

Wendi testified that, when defendant was very young, theirfather took them to a railroad museum in Union. They never wentthere again. At trial, defendant was 23 years old.

Wendi further testified that, on May 7, 1997, she, B.M., anddefendant took the Lincoln to McDonald's and bought drinks at thedrive-through window. Defendant, who was driving, handed a cup toB.M., who was in the backseat. The cup looked like the one thatthe police recovered from the Lincoln.

Glen Theriault, an Elgin police officer, testified that he wasdispatched to help look for B.M. He arrived at Wendi's apartmentbuilding about 12:30 a.m. on May 9, 1997. He was told thatdefendant was the last person to see B.M. About 12:45 a.m.,Theriault arrived at defendant's house, and defendant exited ahouse up the street. Defendant approached, and Theriault asked himwhere he last saw B.M. Defendant said that he last saw her leaningagainst Wendi's car outside her apartment building. He said laterthat he saw her sitting on the hood of the car, and he said evenlater that he saw her on the stoop outside the door of thebuilding. He said that he had gone to the building to pick upWendi for work, but Wendi was not there, and he then saw B.M.rollerblading. He added that B.M. did not enter his car.

On cross-examination, Theriault testified that, when he firstsaw him, defendant had a beer in his hand. Theriault noticednothing unusual about defendant's face or clothing. After speakingto Theriault, defendant agreed to go to the police station.

James Patrick Picardi, another Elgin police officer, testifiedthat on May 9, 1997, about 1:30 a.m., he was present during aninterview with defendant at the police station. Defendant saidthat, on May 8, he left his home at 5:45 p.m. Although heinitially intended to go to W.J. Dennis, he decided to drive theLincoln to Wendi's apartment building. He arrived there at 6:15p.m., saw B.M., and asked her where Wendi was. B.M. replied thatWendi was at the park, looking for her. Defendant said that Wendiwas to meet him at W.J. Dennis.

Picardi testified that defendant told him that B.M. enteredthe Lincoln, talked to him for a while, gave him a hug and a kiss,and exited the car. Defendant waited for about 10 minutes as B.M.rode her bicycle up and down the sidewalk. B.M. then may havetaken the bicycle into the building. Defendant left for W.J.Dennis about 6:30 p.m., stopping at a Speedway gas station at BigTimber and McLean. He entered the Speedway and bought somecigarettes. About 7 p.m., he arrived at W.J. Dennis, noticed a carin the parking lot, and decided to return later to begin his work. Upon returning, he entered and set up his supplies. He watched aclock for an hour, smoking cigarettes and drinking soda, and Wendidid not appear. Defendant put his supplies into his car and leftabout 8:30 p.m., driving toward Americhem, another business wherehe and Wendi worked. On the way, something hit his windshield, andhe stopped at the same Speedway to wash the windshield. He went toAmerichem, saw that Wendi's car was not there, and continued toWendi's apartment building, arriving there about 9 p.m. He wastold that B.M. was missing, and he drove through Wing Park, lookingfor her. He returned, picked up his sister Dawn, and checkedanother park. He then dropped Dawn back at the apartment buildingand returned to his own neighborhood, where he drank beer andsmoked eight or nine "bowls" of marijuana with his friends. Duringthe interview, defendant produced a bag of marijuana.

On cross-examination, Picardi testified that Theriault toldhim that defendant was acting strangely and appeared to beintoxicated. Picardi acknowledged that using marijuana and alcoholmay alter one's mental state and skew one's perception of time. Although he was unclean, defendant's face and clothing were notincriminating. In the early morning hours of May 9, 1997,defendant consented to a search of the Lincoln. Picardi saw agarbage can occupying most of the backseat. The interior was dirtyand cluttered. The exterior had mud in the wheel wells and on thewindshield. The mud on the windshield had been smudged by thewipers. Defendant's father stated that the mud was not there theprevious morning. Picardi acknowledged that Wing Park was muddywhere it was not paved and that defendant said that he drove acrossan unpaved area. Near the end of the interview, about 4 a.m.,defendant stated that his marijuana use was affecting his memory.

On redirect examination, Picardi testified that he did notbelieve that defendant was under the influence of alcohol ormarijuana.

Don Doran, president of W.J. Dennis, testified that he was inhis office at the factory until about 8:10 p.m. on May 8, 1997. Hecould see from his office the parking lot in front of the building. When he left the building, defendant was not inside, and Doran'scar was the only one in the front parking lot. Doran's car was ablue-green Lincoln Towncar. No other cars were in the frontparking lot after 4:30 p.m. On cross-examination, Doranacknowledged that the building had other parking lots that he didnot see. On redirect examination, Doran stated that the cleaningstaff always entered the building through the front entrance.

Robert Michael Beeter, an Elgin police officer, testified thaton May 9, 1997, about 3:40 p.m., defendant agreed to show him wherehe was the night before. Defendant entered Beeter's car, andBeeter drove as defendant recounted his activities. His accountsubstantially matched the one that he told at the police station,but he added the following details. The car that he saw in theparking lot at W.J. Dennis was a white Cadillac. When that car wasgone, he parked in the front parking lot. After he learned thatB.M. was missing, he spent about 20 minutes searching in Wing Parkby himself and about 20 minutes searching in the second park withDawn. He could not identify where in Wing Park he drove off thepaved road. After he dropped off Dawn, he stayed at Wendi'sapartment for a short time and returned to his own neighborhoodabout 10:30 p.m.

Beeter testified that "a lot of the things [defendant] told uswe proved to be a lie later on."

Valerie Betty, an FBI fingerprint specialist, testified thatshe compared defendant's palm print to a latent print on the lid ofthe McDonald's cup that the police found in the Lincoln. Shedetermined that defendant was the source of the print on the lid. She could not determine the age of the print on the lid. She couldnot state that no one else touched the lid.

Regina Cervantes testified that her house was two or threehouses away from defendant's house. On May 8, 1997, about 10:30p.m., defendant came to her house and told her that B.M. wasmissing. He stated that B.M. had been playing in the park and thathe had gone to pick her up. He further stated that he had toldB.M. to wait by the car and that, when he returned, she was gone. Cervantes testified that defendant was upset and crying but did notappear to be under the influence of alcohol or marijuana. Hestayed in the house until the police arrived at his own house. Hedid not smoke any marijuana.

Gustavo Castro testified that, in the afternoon of May 8,1997, he, defendant, and Ricardo Flores shared two or threemarijuana joints. They did not smoke eight bowls. About 5:30p.m., defendant left Castro and Flores at Cervantes' house andplanned to meet them there after work. He returned about 10:30p.m. and said that B.M. was missing. He spoke with Cervantes andthen watched television with Castro and Flores. At Cervantes'house, defendant drank one or two beers but did not smoke anymarijuana. He was not under the influence of alcohol or marijuana. He did not ask for help in looking for B.M.

Flores testified that, at Cervantes' house, defendant statedthat he last saw B.M. "sitting on top of the car." Defendantfurther stated that he spoke to B.M. and drove away.

Jewel Howlett (Jewel), B.M.'s stepgrandmother, testified thatWendi and B.M. visited her house about 3 p.m. on May 8, 1997. Eachhad a drink in a McDonald's cup. B.M. emptied her cup and left itat Jewel's house. About 3:45 p.m., as Wendi and B.M. left Jewel'shouse, Wendi gave her own cup to B.M. and told her that she couldfinish its contents. That cup looked like the one that the policerecovered from the Lincoln.

Richard E. Bisbing, vice president and director of research atMcCrone Associates, Inc., testified as an expert in forensicmicroscopy. He studied a sample of water from the Kishwaukee Riverand samples of tissue from B.M.'s lung, liver, and rib. He founddiatoms in the river water and similar diatoms in the lung tissue. He found no diatoms in the liver or the rib. He concluded thatriver water was in B.M.'s lungs.

Larry William Blum, a forensic pathologist, testified that heperformed an autopsy on B.M. A piece of tape, 10 to 12 inches longand 3/4 of an inch wide, stretched from B.M.'s right ear, downacross her chin, and up toward her left ear. The airways to herlungs contained hemorrhagic pulmonary edema fluid. Her stomachcontained recently eaten food, including meat like chicken, fruit

like pear or mixed fruit, and potato, probably french-fried. B.M.ate that food two or three hours before she died. Blum found twotears in B.M.'s hymenal ring and other evidence of blunt trauma inher vaginal area. Her vagina contained a large amount of blood,indicating that the tears occurred "very shortly before death." The tears were caused by the insertion of an object and wereevidence of a sexual assault.

Blum concluded that B.M. died of asphyxia, such as bystrangulation, suffocation, or drowning. However, in light ofBisbing's diatom analysis, Blum doubted that B.M. drowned. BecauseBisbing found no diatoms in the liver or the rib, Blum suspectedthat the river water entered B.M.'s lungs after she died.

On cross-examination, Blum testified that he found no evidenceindicating who killed B.M. There was no evidence indicating theprecise method of asphyxia. There was no evidence of injury onB.M.'s neck. There was little evidence of a struggle. Alone,Blum's examination could not determine when B.M. died. Although hedoubted it, Blum could not "totally rule *** out" the possibilitythat B.M.'s hymenal tears were caused by bicycle riding. He couldnot determine when B.M. entered the river or whether she was deadat that time. Unlike blood in B.M.'s nose and mouth, the blood inB.M.'s vagina was not the result of decomposition.

Brian Gorcowski, an Elgin police officer, testified that hespoke to defendant at the police station on May 10, 1997. Defendant stated that he had lied to the police and that he wantedto tell the truth. He stated as follows. On May 8, about 4 p.m.,he smoked eight bowls of marijuana with Castro and Flores. About5:40 p.m., he went to Wendi's apartment building, arriving thereabout 6 p.m. He saw B.M. ride her bicycle up and down the streetand then take it into the building. She then exited the buildingand sat on Wendi's car. Defendant motioned to her, and she enteredhis car. She told him that Wendi was not home. He waited untilabout 6:15 p.m., gave B.M. a hug and a kiss, and went directly toW.J. Dennis. There he saw a white Cadillac in front, and he didnot enter the building because he was under the influence ofmarijuana and did not want to be seen. He drove around and finallyparked in the lot east of the building, waiting for the Cadillac toleave. Gorcowski's partner told defendant that a surveillancevideo may have shown that his car was not in that parking lot, anddefendant replied that he did not park there. Defendant statedthat he entered the building about 8:15 p.m., when the Cadillac wasgone. He stayed for about 50 minutes but did not work.

Gorcowski testified that defendant next stated that he begandriving back to Wendi's apartment building and that mud hit hiswindshield. He stopped to clean the windshield at the Speedway onBig Timber. Although he had stopped at the Speedway earlier in theday, he had not gone inside to buy cigarettes. He did not explainwhy he had stopped. He stated that he arrived at Wendi's buildingabout 9:10 p.m., that he looked for B.M. in Wing Park, that he andDawn looked for her in another park, and that he arrived atCervantes' house about 11 p.m. There he drank some beer and smokedmore bowls of marijuana.

Gorcowski next testified to what defendant would call his"vision statement." Gorcowski testified that he told defendantthat, because he was the last to see B.M., he could be "connected"to her. Gorcowski asked him to "imagine" where she was. Defendantclosed his eyes, rubbed his temples, and stated that B.M. wasclose, that she was near Elgin, and then that she was in Elgin. Gorcowski asked what she was doing and how she felt, and defendantbegan to cry, saying that B.M. was cold and wet and was notbreathing. Defendant then asked for a cigarette, and Gorcowskiescorted him outside, where defendant smoked a cigarette and pacedback and forth, shaking his hands and mumbling. He said that hesaw two Hispanic males driving a gray Oldsmobile and drinkingBudweiser. They were touching B.M. but not trying to have sex withher. Defendant then resumed crying and said that he wanted to tellWendi that he knew that B.M. was dead. At that point, defendanthugged Gorcowski for about a minute.

Gorcowski testified that he and defendant went back inside. On defendant's request, Gorcowski called Wendi, who agreed to cometo the station. Before she arrived, defendant again closed hiseyes and rubbed his temples. He said that he saw a white farmhouseand farmland, a bridge, rocks, water, a creek, a dirt road, and a gravel road. He again mentioned that male Hispanics were touchingB.M. and then that B.M. was not breathing but did not drown. Shewas not sexually assaulted. Wendi arrived and spoke with defendantprivately for about three minutes. Defendant then told Gorcowskithat he was just having "visions" and that B.M. was not reallydead. Gorcowski testified that defendant did not appear to beunder the influence of alcohol or drugs.

Chris Troiola, an Elgin police officer, testified that heobtained the Speedway's surveillance tape from May 8, 1997. Theparties stipulated that the tape would show that defendant did notenter the Speedway on that date.

Neal Haskell, a forensic entomologist, examined samples ofinsect larvae and eggs taken from B.M.'s body during her autopsy. Based on their development and the conditions to which B.M.'s bodywas exposed, Haskell concluded that B.M. died sometime before thelate afternoon of May 9, 1997. On cross-examination, Haskellacknowledged that his opinion was based on some speculation. Nevertheless, his opinion was within a reasonable degree ofscientific certainty.

The parties stipulated that B.M. was born in February 1986 andthat defendant was born in June 1976. They further stipulated thatJohn Kenney, a forensic odontologist, would testify that hepositively identified B.M.'s body. "[T]o avoid possible confusionon jury deliberation," the State nol-prossed counts II, IV, and V. The State rested, and the court denied defendant's motion for adirected verdict.

Defendant produced the following evidence relevant to ouranalysis. Ronald E. Menold II, a forensic chemist for the FBI,testified that he compared the tape on B.M.'s neck to a tape in theLincoln. He concluded that the tapes were different.

Florence Milka (Florence), defendant's mother, testified thatdefendant lived with her throughout his life. On May 8, 1997, shedrove the Lincoln to work about 8 a.m. and returned home about 5:15p.m. About 5:45 p.m., defendant drove the Lincoln to work. At notime did the car contain a garbage can. About 7:45 p.m., Wendicalled and told Florence that B.M. was missing. Florence'sdaughter Tracey drove her to Wendi's apartment building. Defendantarrived there in the Lincoln about 8:15 p.m. He was surprised tolearn that B.M. was missing, and he joined the search. On themorning of May 9, mud was in the wheel wells of the Lincoln, and agarbage can was in the car.

Florence testified that defendant was a slow learner who hadextreme difficulty reading and writing. He had troubleunderstanding conversations and could not manage a bank account.

Florence stated that, when defendant was about two years old,Florence and her husband took their children to a railroad museumin Wisconsin. They never took them to the museum in Union.

Florence testified that B.M. had frequent nosebleeds. Abouttwo weeks before she disappeared, she had a nosebleed in thebackseat of the Lincoln. Florence did not subsequently clean thecar's carpets. On May 10, 1997, Florence told members of herfamily, including defendant, that a psychic envisioned that B.M.was dead and was cold, wet, and near a bridge in a wooded area. She did not remember the psychic mentioning a farmhouse orfarmland. Defendant subsequently was questioned at the policestation.

Scott Howlett (Scott), Wendi's husband, testified thatdefendant had a simple vocabulary and needed assistance with basictasks. He was not retarded but was "a little slower." Nevertheless, he obtained a driver's license, graduated highschool, and held jobs. He was a very good babysitter for B.M.

Steven Dunton, a forensic pathologist, testified that he reviewed all the materials in this case. He determined that B.M.'shymenal tears could have occurred at the time of death or up to twodays before. The tears suggested penetration by an object butcould have been caused accidentally. The blood in B.M.'s vaginawas partially the result of decomposition. The food in her stomachwas eaten one to two hours before her death. Because the fruit waslargely intact, Dunton did not believe that B.M. ate it severalhours before the other foods. Because the meat was not breaded,Dunton did not believe that it was a McDonald's chicken nugget. Dunton concluded that B.M. drowned. He was not certain that B.M.was the victim of a homicide. He could not determine preciselywhen she died, though she likely died no later than May 15, 1997. Dunton further stated, however, that she likely died on the daythat she disappeared, unless the food in her stomach was eaten ona later day.

On cross-examination, Dunton acknowledged that he was notpresent at B.M.'s autopsy and that he was relying on photographsand Blum's report. He further acknowledged that Blum was in abetter position to evaluate B.M.

Dawn Milka (Dawn), defendant's sister, testified that early in1997 she had to help defendant complete a job application becausehe did not understand terms like "employed" and "work history." Dawn needed to help defendant spell certain words. Dawn read todefendant a second job application, and again he did not understandcertain words. On May 8, 1997, Dawn arrived at Wendi's home about8:10 p.m., and defendant was there. In the Lincoln, defendantdrove Dawn to McDermott Park, where they searched for B.M. Defendant drove erratically. A garbage can was in the backseat ofthe car. In the park, defendant drove through some mud, and Dawnnoticed that defendant's eyes were moving in a way that made himlook "stoned." His appearance was otherwise normal. Whendefendant left Wendi's home, he said that he was going to get ajacket and would be back. Dawn testified that the psychic to whomFlorence had referred had mentioned a white farmhouse.

Nancy Kopsell, a waitress at a restaurant in Woodstock,testified that on May 10, 1997, about 7:30 p.m., she waited on ayoung girl and a "man that was very unkempt looking." They were inthe restaurant for about an hour, and the girl never looked up orspoke. The man ordered for the girl a child's meal of chicken,french fries, and a slice of watermelon. Kopsell thought that thegirl was B.M.

On cross-examination, Kopsell testified that at one point theman went to the bathroom, leaving the girl alone. The girl did notleave the restaurant, make a phone call, or ask Kopsell for help. Kopsell was about "70 percent" sure that the girl was B.M. Kopsellnever saw the color of the girl's eyes because the girl kept herhead down.

Richard Allen Buendorf, Jr., a private investigator, testifiedthat it took him about 30 minutes to drive from Wendi's home to theHemmingson Road Bridge. It took him an additional four minutes todrive to the area where B.M. was found. He had driven severaltimes in that area.

Wendi testified that the fruit in B.M.'s stomach looked biggerthan the fruit in the cocktail that B.M. ate about noon on May 8,1997. B.M. did not eat any chicken or french fries at that time. She did not eat any fruit later that day.

Wendi added that defendant had difficulty performing taskswithout supervision. He could not read stories to B.M. or managea bank account.

Robert D. Hall, a forensic entomologist, testified that he examined the samples that Haskell reviewed. Hall obtained newinformation about the conditions in which the samples were storedfrom May 19 to May 21, 1997. In light of that information, Hallconcluded that one specimen was deposited on B.M.'s body as late asMay 12.

The State moved to bar Young's testimony as cumulative. Thecourt and defense counsel had the following discussion:

"MR. KOMIE [defense counsel]: Judge, it's not cumulativebecause [Young] is a coroner. ***

THE COURT: He's not a forensic pathologist.

* * *

THE COURT: His testimony will be stricken.

***

THE COURT: I'll find that it's cumulative. ***

* * *

MR. KOMIE: May I make an offer of proof of the originalreport of Dr. Young and also [his] addendum ***?

THE COURT: Yes.

* * *

MR. KOMIE: And *** I would say if Dr. Young were calledto testify, he would testify that the first report was made;that, secondly, when new information came to light and helearned from Dr. Hall that the postmortem interval had beenchanged, he recalculated the information himself and reachedan opinion to a reasonable degree of medical certainty, whichis reflected in the addendum that was dated yesterday when theinformation became available from Dr. Hall.

THE COURT: My point is that his opinion is exactly thesame as Dr. Hall's. That's my point, and that makes itcumulative.

I guess I made my ruling."

In his addendum, Young adopted Hall's "date of colonization of May12, 1997." Young also stated a conclusion as to the cause ofB.M.'s death.

Kent D. Kryzan testified that, on the morning of May 12, 1997,he was traveling to work in Union. The temperature was about 35degrees. A dark green car was parked to the side of a bridge overthe Kishwaukee River. A man wearing only a bathing suit wasrunning toward the river. His hair was long but not unkempt. Hemay have been Hispanic. Kryzan saw nothing indicating that the manwas connected to B.M.

Susanne Buchek, who was in the car with Kryzan, testifiedsimilarly. She added that the green car was parked on a bridgeclose to where B.M. was found.

Maureen Lee Shefcik (Maureen) testified that she owned alandscaping business in Union. In May 1997, she had an employeenamed Julio C. Garcia, who lived in Elgin and had worked for herfor about a month. He did not come to work on May 8 or May 9. InJune 1997, he left Maureen's employ, and Maureen never saw himagain. Referring to the area where B.M. was found, Maureen statedthat one would dispose of a body there only if he "knew that it wasvery secluded." David J. Shefcik, Maureen's husband, testifiedthat Garcia had a drinking problem.

Frances Britton, a resident of Marengo, testified that on May8, 1997, about 6:30 p.m., she was driving past a local buildingthat housed a lot of Hispanic workers. B.M. was sitting on theporch, smiling. Hispanic men were standing around B.M. Brittondid not see defendant.

Maureen Bottrell, a forensic geologist for the FBI, testifiedthat she compared soil samples from the Lincoln, Wing Park, and thearea of the Hemmingson Road Bridge. The samples from the Lincolnwere consistent with those from Wing Park and were inconsistentwith those from the area of the Hemmingson Road Bridge. On cross-examination, Bottrell testified that the samples from the area ofthe Hemmingson Road Bridge consisted more of asphalt and foliagethan of soil. A car would accumulate less soil in an area containing less soil. Furthermore, if the car traveled 20 miles onpaved roads, any accumulated soil would likely fall from the car. Bottrell acknowledged that "a lack of soil evidence does not meanthat you weren't there."

Sharon Marshall testified that she lived near B.M. through1996. Once in May or June of 1996, an Hispanic man followed B.M.around and made her nervous. Bottrell never saw the man again. Michael Kedziora, Marshall's boyfriend, testified that the man waswearing a jacket that was found nearby the next day. The jacketcontained a butter knife and a screwdriver.

Larry Stotts, a resident of Elgin, testified that he organizeda search for B.M. Beeter testified that he interviewed Stotts onMay 29, 1997. Beeter learned that Stotts murdered a woman morethan 20 years earlier and subsequently spent 10 years in a mentalinstitution. On cross-examination, Beeter testified that Stottswas "absolutely ruled out" as a suspect in this case.

The parties stipulated that Michael Steger, a resident of B.M.'s apartment building, would testify that on May 8, 1997, inthe late afternoon, he saw B.M. sitting on Wendi's car. He did notsee any other person or vehicle nearby.

In rebuttal, the State produced the following evidence. Beeter testified that on May 20, 1997, Wendi told him that on May8, about 2 p.m., B.M. ate a bowl of whole peaches. Those peacheswere in addition to the fruit cocktail that B.M. ate about noon.

Lowery testified that on August 15, 1997, Florence told himthat in March 1997 B.M. had a nosebleed in the front passenger seatof the Lincoln. She added that the vehicle was "cleaned out"before May 8. She did not have to remove any bloodstains. Loweryfurther testified that on June 9, 1997, Wendi told him that, whenshe was a child, her family spent several weekends at the railroadmuseum in Union. Lowery added that on August 15, 1997, Wendi toldhim that B.M. was last in the Lincoln on May 2 or May 5. Wendi didnot say that she, B.M., and defendant went to McDonald's on May 7. On December 19, 1997, Wendi told the police that she could notexplain how defendant's palm print and B.M.'s blood got onto theMcDonald's cup and lid, but she said that the cup was the one fromthe last meal that she had with B.M. on May 8. She never mentioneda psychic.

On cross-examination, Lowery testified that Wendi never sawthe McDonald's cup. Florence told him that she was not sure thatB.M. had the nosebleed in the front passenger seat. She added thatshe had trouble keeping the Lincoln clean because defendantfrequently left "fast food trash" in it. She noted thatdefendant's favorite restaurant was Burger King. On redirectexamination, Lowery testified that the police found only oneMcDonald's cup in the Lincoln.

W. Jeffrey Bassett, a special agent for the FBI, testifiedthat on May 9, 1997, Wendi told him that on May 8 she first sawdefendant when he arrived at her home about 9 p.m.

The State rested, and the court denied defendant's motion fora directed verdict. The court issued the following juryinstructions, among others:

"To sustain the charge of First Degree Murder, FelonyMurder, the State must prove the following propositions:

The first proposition, that the defendant performed theact which caused the death of [B.M.]; and

Second proposition, that when the defendant did so he wascommitting the offense of predatory criminal sexual assault ofa child.

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[To prove that] the defendant was committing the offenseof Predatory Criminal Sexual Assault of a Child, the Statemust prove the following propositions:

The first proposition, that the defendant committed anact of sexual penetration upon [B.M.]; and

Second proposition, that the defendant was 17 years ofage or older and that [B.M.] was under the age of 13 years ofage when the act was committed."

The jury acquitted defendant on count I (knowing murder) butconvicted him on count III (felony murder). The court denieddefendant's posttrial motions.

A presentence investigation revealed that defendant had nocriminal record. He graduated high school and was working two jobsbefore his arrest.

At sentencing, the State submitted no evidence in aggravation. Defendant called Alan Ravitz, a psychiatrist who evaluated him. Ravitz testified that defendant was functionally illiterate, didnot exhibit signs of sociopathy, and was the functional equivalentof an 11-year-old. Although his IQ was at the borderline,functionally he was mentally retarded. He was unable to liveindependently or hold down jobs. He likely suffered from attentiondeficit hyperactivity disorder, social phobia, substance abuseproblems, and a learning disability. He was impulsive and unableto form and implement a complex plan. He had aggressive tendenciesand low frustration tolerance.

On his own and Wendi's behalf, Scott presented a victim impactstatement. Scott stated that he and Wendi had a "constant beliefin [defendant's] innocence."

Because B.M. was less than 12 years old (730 ILCS 5/5--5--3.2(b)(4)(i) (West 1996)), the court sentenced defendant to anextended term of 75 years' imprisonment (730 ILCS 5/5--8--2(a)(1)(West 1996)). The court denied defendant's motion forreconsideration.

Defendant moved for the payment of Young's fees, assertingthat Young was involved in the case for 120 hours at an hourly rateof $100. Defendant attached Young's accounting of those hours,detailing the services that he performed. Defendant requested thatYoung be paid $7,000 in fees, which consisted of an incurred totalof $12,000 less the $5,000 retainer that he received. The courtstated that it had "some disagreement with the number of hours thatwould be reasonable." The court awarded $3,000 in fees, findingthat sum to be "fair and reasonable."

Defendant appealed, and Young filed a supplemental appeal.

II. DEFENDANT'S APPEAL

A. Double Jeopardy

First, defendant argues that, when the State nol-prossed countIV, which charged him with predatory criminal sexual assault of achild, he was functionally acquitted of that offense. Thus,defendant asserts, the principle of double jeopardy (U.S. Const.,amend. V; Ill. Const. 1970, art. I,