APPEAL from the Circuit Court of Cook County; the Hon. WILLIAM
COUSINS, JR., Judge, presiding.
MR. JUSTICE DOWNING DELIVERED THE OPINION OF THE COURT:
Defendant Charles F. Bundy, a/k/a Thomas Wade, was found guilty of the June 30, 1974, murder of Konstantinos Florakos by a jury and sentenced to 60 to 70 years in the Illinois Department of Corrections. He appeals contending that the trial court erred (1) in denying his motion to suppress a statement allegedly made in contravention of his Sixth Amendment right to counsel (U.S. Const., amend. VI), and (2) in giving Illinois Pattern Jury Instructions, Criminal, No. 3.06 (1968) (hereinafter IPI Criminal). The following facts are pertinent to this appeal.
On June 30, 1974, Konstantinos Florakos (hereinafter "Dino") was a bartender working at the Medinah Restaurant and Lounge (hereinafter "the Medinah") located at 19 East Ohio, Chicago, Illinois.
Nick Piskunovs testified that on June 30, while waiting for a drink at the Medinah, Dino was tending bar, and that he saw a man identified at trial as the defendant leaning over the bar "hitting" Dino in the chest. The man ran out of the bar followed by a Mexican. The man who struck Dino had short blond hair, a shallow face, was about 5'3" tall, and weighed 120 pounds.
Earl Allen testified that on the night of the murder he was sitting in the first booth by the door at the Medinah when he saw the defendant enter and walk to the corner of the bar. According to Allen, Dino went to the corner of the bar, exchanged words with the defendant, and then went to the other end of the bar. When Dino returned, the defendant stabbed him once in the heart, said, "This is for your nigger friends," and then ran out the door. Allen ran after the defendant for about seven minutes but was unable to catch him. During the incident, Allen was able to see the defendant from distances of three and five feet and described the defendant as 5'9", weighing 125 pounds, having blond hair and a "real light complexion," and wearing a blue ski jacket and dark pants.
Eddie Helms, an employee of the Medinah, testified that on June 30, 1974, he was returning to the bar from the grocery store when he saw Dino trying to open the door to the bar. As Helms helped Dino open the door, blood from Dino's chest sprayed on him. Helms looked in the direction that Dino pointed and saw a man "duck off" into a parking lot next door to the bar. Helms chased the man, whom he described as being 5'8" to 5'10" tall, a medium build, relatively short dishwater-blond hair, wearing dark clothing. Helms was not in the bar at the time of the stabbing and could not identify the offender, but testified that the defendant had been in the bar about 1 to 1 1/2 hours before the stabbing.
Joseph Ghiotto testified that on June 30, 1974, he was sitting at the Medinah bar drinking when he saw the defendant enter the bar with a Mexican male. As the defendant stood at the bar about seven feet away, Ghiotto saw him pull a knife, lunge over the bar, and stab the bartender once in the chest as the defendant said, "This is for the niggers." The defendant then ran from the bar.
John Poulos testified that on June 30, 1974, at 12:30 a.m., he was across the street from the Medinah when he saw four or five people outside the bar. He then saw Dino as he came out of the bar holding his chest. Poulous ran to Dino who said, "They got me" and fell to the ground. Dino was taken to the hospital by taxi.
Officer Thomas Tranckitello testified that after going to Wesley Memorial Hospital on June 30, 1974, and learning that Dino had been stabbed at a bar at 19 East Ohio Street, he went to the scene where he took oral statements from eyewitnesses Earl Allen, Nick Piskunovs, and Joseph Ghiotto. These witnesses described the two men that they saw as a white male, 24 to 26 years old, 5'10", 145 pounds, blond hair, and a pock-marked face, and a male Mexican, 5', 125 pounds, and a thin muscular build. Tranckitello testified that none of the witnesses asserted that the Mexican had done the stabbing.
Officer John Toenings and Investigator William Baldree testified that Joseph Ghiotto and Nick Piskunovs later selected a photograph of Thomas Wade, also known as Charles Bundy, as the man who had stabbed Dino. Sergeant West Hunter testified that on July 5, 1974, the defendant was arrested as he entered a tavern, given his Miranda warnings, and turned over to Sergeant Rocco Rinaldi at the police station.
At the hearing on defendant's motion to suppress his statement, Officer Rocco Rinaldi testified that on July 5, 1974, at 8 p.m., he saw a man known to him as Thomas Wade at Area Six Homicide. He identified defendant Bundy as the man he saw. Officer Rinaldi advised defendant of his rights whereupon the defendant said that he understood them and did not want to talk until he spoke with an attorney. Officer Rinaldi ceased the conversation and returned to his desk 15 to 20 feet from where the defendant was seated.
About 10 to 15 minutes later, defendant Bundy asked Officer Rinaldi if he had found the woman on the north side who had died from an overdose. Officer Rinaldi asked defendant her name and defendant responded "Patricia Wade." Officer Rinaldi looked through some reports and although he did not see her name, he was aware that an unknown female overdose victim had been found on the north side. Defendant then told Rinaldi that the victim was his wife. Rinaldi telephoned Officer Esmagde Christia who had been assigned to that death investigation and asked him to come to Area Six. Officer Rinaldi further testified that when Officer Christia arrived at the station, he briefly informed him of the events surrounding Bundy's custody, but he did not tell Christia that the defendant stated he intended to remain silent until speaking to an attorney.
Officer Esmagde Christia testified that on July 5, 1974, he first spoke with Officer Rinaldi and then with Wade. Only Officer Christia and Wade were present during their conversation. Officer Christia introduced himself to defendant and asked him his name and address. Defendant responded that his name was Wade and gave Christia his address. Christia then asked defendant what he had told Officer Rinaldi and defendant responded that there was an overdose victim on the north side on Kenmore Street who was his wife. Christia then asked for the exact address and defendant responded that it was in the 5500 block. Officer Christia testified that this was the same address as the woman whose death he had been assigned to investigate. Christia then asked the defendant what had happened. Defendant responded that he had registered at a hotel with his wife under the name Smith because she was intoxicated and had been using pills during the night. Christia then asked the defendant why he had used the name Smith. Defendant responded that he did so because the police were looking for him. Defendant further stated that he had fallen asleep that night and that the next morning he paid for another day's rent. During this conversation, defendant further stated that he returned to the hotel room and noticed that his wife was again taking pills and was in a stupor. According to Officer Christia's testimony, the defendant further stated that he then left for coffee, and upon his return found his wife passed out. Being unable to revive her, the defendant then informed the building manager that his wife had passed out and asked him to notify the police.
Christia further testified that when asked why he had not stayed with his wife, the defendant responded it was because the police were looking for him and he was afraid. The defendant then identified a photograph shown to him by Officer Christia as Patricia Wade, his wife. Officer Christia testified that he could not recall whether he gave defendant his Miranda warnings. Although Rinaldi had not told him, Christia concluded that defendant was in custody ...