People v. Allen

929 N.E.2d 583, 401 Ill. App. 3d 840, 340 Ill. Dec. 932, 2010 Ill. App. LEXIS 489
Appellate Court of Illinois·Decided May 25, 2010·No. 1-08-0354·Published·Cited by 31 cases

Opinion

JUSTICE KARNEZIS

delivered the opinion of the court:

Following a jury trial in which defendant Roderick Allen represented himself pro se, defendant was found guilty of first-degree murder and home invasion and was sentenced to consecutive 60-year and 25-year terms of imprisonment, respectively. On appeal, defendant contends: (1) the cause must be remanded for a hearing pursuant to Batson v. Kentucky, 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct. 1712 (1986); (2) he was not mentally competent to represent himself pro se pursuant to Indiana v. Edwards, 554 U.S. _, 171 L. Ed. 2d 345, 128 S. Ct. 2379 (2008); (3) his waiver of trial counsel was invalid; (4) the State’s comments in its opening statement and closing argument were prejudicial; and (5) the trial court should have used a separate verdict form for felony murder instead of a general verdict form for murder. For the following reasons, we affirm the judgment of the circuit court.

BACKGROUND

Defendant was convicted of the first-degree murder of the victim, his sister, Debbie Whitebear. The record indicates that on August 7, 2004, defendant entered his mother’s home at 9043 South Cornell Avenue in Chicago and stabbed his sister several times in the chest, causing her death. Defendant’s theory of the case, which he maintained throughout pretrial, trial and posttrial proceedings, was that he stabbed the victim to protect their elderly mother from the victim’s abuse and that his siblings were keeping the existence of a real estate trust, of which defendant was the beneficiary, secret from him. Defendant’s theory also included his belief that his father, Claude W Allen, Jr., who was deceased, was responsible for the disappearance of numerous missing persons, which he urged police officers and the State’s Attorney’s office to investigate. Defendant additionally maintained that Claude W. Allen, Jr., was not his real father and his real father was an individual named Carl Lewis, from whom he stood to inherit the proceeds of a real estate trust.

The pretrial proceedings in this case were quite lengthy due in part to defendant being found not mentally fit to stand trial as well as defendant proceeding pro se. Judge Thomas R. Sumner presided over defendant’s pretrial proceedings. On September 2, 2004, Assistant Public Defender John Coniff was appointed to represent defendant. Defendant objected to the public defender’s representation. The half sheet indicates that a behavioral clinical examination was ordered by the court.

Dr. Deborah Ferguson, a licensed clinical psychologist, interviewed defendant and submitted her report, which was dated December 27, 2004. Her report indicated that she found defendant fit to stand trial, but was unable to render an opinion regarding defendant’s sanity at the time of the offense. The report also noted that although defendant denied having any delusions or paranoia, he blamed his life circumstances on the fact that his “step-father” was never prosecuted for being a serial killer and his belief that his siblings had conspired to prevent him from receiving an inheritance from a real estate trust. The report noted that it was unclear whether these beliefs were delusional in nature or had some basis in fact.

The court ordered another behavioral clinical examination, which was conducted by Dr. Jonathon Kelly, a psychiatrist, on January 3, 2005. Dr. Kelly’s report indicated that defendant was fit to stand trial, but did not reach an opinion regarding defendant’s sanity at the time of the offense.

On January 27, 2005, defendant filed a pro se motion for withdrawal of the public defender. Defendant’s attached affidavit indicated that he was displeased with the court proceedings that had occurred, his counsel was in collusion with the prosecutor and the prosecutor had tried to intimidate him and retaliate against him. He made further reference to a prior court proceeding in which he accused assistant State’s Attorneys and a trial judge of ignoring “the documented exploits of a serial child killer, one Claude W. Allen Jr *** and proceeded to maliciously prosecute the then and now defendant, Roderick T. Allen, in order to facilitate Claude Allen’s efforts to cheat Roderick Allen of an inheritance.”

Also on that date, the court ordered another behavioral clinical examination regarding defendant’s sanity in part because of defendant’s request to represent himself. Pursuant to the court’s order, Dr. Nishad Nadkarni, a psychiatrist, interviewed defendant on February 23, 2005, and found defendant fit to stand trial.

In March 2005, defendant filed several pro se motions including a motion concerning the criminal background of Claude W. Allen, Jr., as well as a motion seeking all financial records of his mother and siblings with respect to a real estate trust. Defendant also sought documents relating to an altercation he had with his brother, Quintín Allen.

Dr. Peter Lourgos, a psychiatrist, interviewed defendant on April 19, 2005, and found defendant unfit to stand trial. Specifically Dr. Lourgos stated “[ajlthough Mr. Allen is able to state his charge, describe the roles of various courtroom personnel, and describe basic courtroom procedures, he appears to be harboring numerous persecutory delusions regarding his attorney, the [SJtate’s [Attorney, and the judge.” Dr. Lourgos further stated that defendant’s “written motion and requests to the court are replete with delusional material *** [which is] substantially impairing his ability to effectively assist counsel in his defense.”

The court held a hearing on May 10, 2005, in which it ordered Drs. Ferguson, Kelly and Nadkarni to review defendant’s pro se motions and update their opinions regarding his fitness.

The court held a fitness hearing on June 1, 2005. Defendant was represented by the public defender at the hearing. Drs. Ferguson, Kelly and Lourgos testified that defendant was not fit to stand trial. They all agreed that defendant understood the charges against him and the courtroom proceedings, but questioned whether he would be able to assist in his defense. They all diagnosed defendant with psychotic delusional disorder. Defendant’s delusions included his belief that his sister, his counsel, the judge and the prosecutor were working together to “railroad” him, and his numerous pro se filings were “out of touch with reality.” However, Dr. Nadkarni stated that he found defendant fit to stand trial. Dr. Nadkarni based his opinion on the fact that defendant provided rational and logical reasons for his pro se motions and defendant had written some of the information in his motions based on his anger with how his case was proceeding in court. The jury found defendant unfit to stand trial, but determined that he could be restored to fitness within a year of treatment. Defendant was remanded to the Department of Mental Health and remained at the Chester Mental Health Center for six months where he was treated without medication.

On February 1, 2006, Dr. Kelly found defendant fit to stand trial. Specifically, Dr.

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People v. Allen, 929 N.E.2d 583, 401 Ill. App. 3d 840, 340 Ill. Dec. 932, 2010 Ill. App. LEXIS 489 (Ill. Ct. App. 2010).

929 N.E.2d 583 (People v. Allen) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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