The opinion of the court was delivered by: Justice McBRIDE
Appeal from the Circuit Court of Cook County Honorable James Flannery, Judge Presiding.
Defendant was charged and convicted of the murder of Ernest Jackson and the attempt murder of Thadeus Turner. The trial court sentenced defendant to concurrent terms of fifty years' imprisonment for Jackson's murder and fifteen years for the attempt murder of Turner. On appeal, defendant argues that: (1) he had standing to contest the search and seizure occurring within his mother's home; (2) the search and seizure was unreasonable; (3) the impaneling of a hearing-impaired juror denied him the right to a fair trial; (4) the prosecutor's failure to disclose information regarding the past relationship between a prosecution witness and defendant was a discovery violation that denied him a fair trial; (5) the prosecution's failure to disclose defendant's statements to police at the time of his arrest was a discovery violation that denied him a fair trial; and (6) he was denied a fair trial by the prosecutor's improper and repeated inflammatory remarks during closing argument. Because we find the trial court erred in its determination that defendant lacked standing to contest the search and seizure of his mother's home and erred in determining that defendant consented to this search, we will limit our discussion to the pertinent facts and law surrounding those two issues.
At the pretrial motions hearing defendant testified that on September 22, 1993, at approximately 10 p.m., police arrived at his mother's home located at 10106 South Green. Defendant said he lived at that address with his mother, two sisters and a brother. According to defendant, he answered the front door to find two plain clothes officers and several uniformed police officers standing outside. The police immediately grabbed him, placed him in handcuffs and made him sit on the couch in the front room. Defendant also testified that the police conducted a search which lasted about twenty minutes. Police then escorted defendant to the station. Defendant testified that the officers did not have a search warrant or ask him or his mother for consent to enter or search the home.
The prosecution then called Officer Clarence Keith who testified that on the night of Jackson's murder he spoke with two witnesses, Leandre Cooper and Thadeus Turner. After interviewing Cooper and Turner, Keith had defendant's name, physical description, and the make and model of his car. In an effort to locate defendant, Keith and his partner went to the home of defendant's grandmother. Although defendant was not present, his grandmother confirmed that she owned the car that was observed by Cooper fleeing the scene on the night of the shooting. The following day police returned to the home of defendant's grandmother and still were unable to find defendant. Defendant's grandmother told Keith that defendant had been living with her at 8114 South Manistee. As the police officers left that address they were approached by residents of the neighborhood who informed them that defendant could be found hiding at his mother's home located at 10106 South Green.
Based on that information police went to the home of defendant's mother. Officer Keith and another officer positioned themselves at the rear of the house while Officer Annise Fuller, her partner and Sergeant Penya were stationed near the front. Officer Keith testified that Officer Fuller attempted to call inside to the Parker's home from a cellular phone. After two unsuccessful attempts to call inside, Keith stated that the lights in the house were turned off. Keith then "heard some type of noise coming from inside the house." As a result, Keith approached the house, knocked on the rear window and announced that he was a police officer. Keith then heard noise coming from the front of the house. When Keith arrived at the front of the house he saw Sergeant Penya placing handcuffs on Parker. Keith testified defendant was wearing a "T shirt" and some pants but he was not wearing a hat, shoes, or a coat. During defendant's suppression hearing the following exchange occurred:
"Q. Now, subsequent to this, you were going to transport the defendant to Area 2, correct?
Q. Before doing so, what if anything did you do concerning the fact he had - no - know [sic] shoes on?
A. Well it was kind of cold outside, little chilly outside and I believe he wanted to get some clothing to cover his body.
Q. So then did you enter the premises at that time?
Q. Now, at that point, did anybody go with the defendant to get him some shoes and a jacket?
A. I believe that was Officer Fuller and another one of the officers that was there at the scene."
Officer Annise Fuller testified that on September 22, 1993, she was attempting to locate Anthony Parker with Officers O'Connell, Keith and Wilson. She, Officer O'Connell, and Sergeant Penya went to the home located at 10106 South Green and situated themselves at the front of the house. Officer Fuller stated that after she made two unsuccessful phone calls to the Parker home the lights in the house went out. According to Fuller, defendant then ran outside from the front of the house. He was apprehended by Sergeant Penya and Fuller about 5 or 6 feet from the front door. Fuller observed that defendant had on dark clothing but was not wearing any shoes or socks. Fuller also testified that she and either Officer O'Connell or Keith, entered the premises to get clothing for defendant in order to transport him to the police station.
Upon entering the home Officer Fuller went into a bedroom and seized a "Cincinnati Reds" jacket, a pullover and a pair of red pants. These events were recounted by Officer Fuller on direct examination:
"Q. And when you entered the premises, could you tell us who if any one went back -- went to a room with the defendant?
A. I went and I think -- I think it was Officer Keith, it was either Officer Keith or Officer O'Connell who went in the back with me.
Q. Did the defendant direct you to a certain room he ...