People v. Aspelmeier

621 N.E.2d 228, 250 Ill. App. 3d 803, 190 Ill. Dec. 359, 1993 Ill. App. LEXIS 1418
CourtAppellate Court of Illinois
DecidedSeptember 10, 1993
DocketNo. 3-92-0884
StatusPublished
Cited by1 cases

This text of 621 N.E.2d 228 (People v. Aspelmeier) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Aspelmeier, 621 N.E.2d 228, 250 Ill. App. 3d 803, 190 Ill. Dec. 359, 1993 Ill. App. LEXIS 1418 (Ill. Ct. App. 1993).

Opinion

JUSTICE SLATER

delivered the opinion of the court:

Defendant Andrew Aspelmeier was charged with two counts of first degree murder in the deaths of Tracy Rutherford and Arlene Aspelmeier. Following a bench trial, the defendant was found guilty but mentally ill (see Ill. Rev. Stat. 1991, ch. 38, par. 115 — 3(c)) on both counts and he was sentenced to two concurrent terms of natural life imprisonment. On appeal, the defendant contends that the trial court’s determination that he was legally sane at the time the offenses were committed was against the manifest weight of the evidence. We affirm.

The evidence presented at trial showed that on February 28, 1992, the defendant and his girlfriend, Tracy Rutherford, along with Rutherford’s 21-month-old son, went to the home of defendant’s mother, Arlene Aspelmeier, in East Moline, Illinois. The defendant had recently borrowed $2,700 from his father and was planning on moving to California. While at his'mother’s home, the defendant came to believe that Rutherford and his mother were conspiring against him, apparently to take the money. Shortly after his mother had given him some mail, the defendant shot his mother in the head with a shotgun. The defendant then shot Rutherford twice in the head as she was talking on the telephone. The defendant took Rutherford’s son down into the basement of the home, along with a handgun, until he determined that no one was coming. Defendant and the child then drove around for a while, until he dropped the boy off the next morning at the home of George and Marjorie Liebengood, Rutherford’s grandparents. Mr. Liebengood twice asked the defendant where Rutherford was, and defendant told him that she was with his mother. Defendant also told Liebengood that he was involved in a money “scam” and he was going to turn himself in to the police. According to Liebengood’s trial testimony, the defendant appeared to be normal. He was not easily distracted, nor did he speak rapidly or jump from topic to topic. Liebengood had given a statement to police on March 2, 1992, however, in which he stated that defendant appeared abnormal, as if he was in shock, and his responses to questions were strange and unusual. In addition, police officer Joseph Reedy testified that Liebengood called the East Moline police department and reported that defendant had made a strange statement to him.

Judy Scharer, an East Moline police dispatcher, testified that the defendant arrived alone at the police station at 7:45 a.m. on Saturday, February 29, and asked to speak to someone. He did not appear to be easily distracted, speak rapidly or skip from topic to topic. On cross-examination, Scharer agreed that when the defendant entered the police station he appeared to be somewhat confused.

Officer Reedy next spoke with the defendant, who told him he had been involved in a scam that had cost the lives of two people. The defendant told Reedy that he had borrowed money from his father, left the money at his mother’s house, and when he returned there with his girlfriend, the money was missing. After his mother gave him some mail, the defendant loaded a shotgun and shot both his mother and Tracy Rutherford. A tape-recorded statement was taken from the defendant by Reedy, which was played in open court. Reedy testified that the defendant appeared calm and quiet. He did not seem distracted, nor did he speak rapidly or switch from topic to topic. Defendant was responsive to questions and able to express himself. He did not complain of tension or that his mind was about to explode. Reedy found it unusual, however, that the defendant could not remember the address of the apartment where he and Tracy Rutherford had lived for a year and a half.

Police officer Corey Fulton was dispatched to Arlene Aspelmeier’s home, where he found the bodies of the victims. Prior to leaving the police station, Fulton spoke with the defendant and asked for permission to search the home. The defendant responded that he did not know if he could give permission because, although he had been staying there, he did not own the house. According to Fulton, the defendant was coherent, articulate, and able to respond to questions.

Police officer Richard Scott also interviewed the defendant on February 29 and took two taped statements from the defendant, which were played to the trial judge. According to Scott, the defendant was quiet and unemotional and he would think about his answers before giving them. Defendant did not seem distracted, nor did he speak rapidly, jump from topic to topic, or complain that his mind was about to explode. Scott acknowledged on cross-examination, however, that he found the defendant’s “laid back” attitude unusual. Two jailers at the Rock Island County jail where the defendant was being held also testified that the defendant was quiet and slept a lot.

The defendant presented the testimony of Dr. Robert Chapman, a psychiatrist, who examined the defendant on July 31, 1992, at the State’s request for the purpose of determining sanity. Chapman interviewed the defendant for two hours and gave him a psychological test. Chapman also relied upon police reports, copies of the statements defendant gave to Officers Scott and Reedy, and the report of Dr. Eric Ritterhoff, who had examined the defendant in early March and several times in May. Although Ritterhoff’s report was not entered into evidence, testimony was elicited that Ritterhoff had diagnosed the defendant as suffering from paranoid delusional disorder. Ritterhoff’s report did not state an opinion concerning whether or not the defendant could appreciate the criminality of his conduct. Chapman testified that he and Ritterhoff agreed that the defendant was suffering from a severe mental disease and a state of psychosis; they differed only in their classification of defendant’s condition. Chapman’s diagnosis was that defendant had suffered from an acute manic psychosis, which lasted from approximately three days before February 28 until approximately 1 or IV2 weeks afterward. The defendant then went into spontaneous remission and his symptoms abated. It was Chapman’s opinion that on February 28 the defendant lacked the capacity to appreciate the criminality of his behavior.

On cross-examination, Chapman acknowledged that the psychological test he administered to the defendant, although of marginal validity because the defendant attempted to place himself in an overly positive light, revealed that the defendant’s personality profile was within normal limits. Chapman also agreed that the Diagnostic and Statistical Manual III (DSM-III) listed inflated self-esteem or grandiosity, decreased need for sleep, talkativeness, flight of ideas, distractibility, and excess involvement in pleasurable activities as criteria for a diagnosis of a manic episode. He acknowledged that manic speech is typically loud, rapid and difficult to interpret, may jump from topic to topic and is sometimes unresponsive. Chapman admitted that Ritterhoff had evaluated the defendant during the first week of March, when defendant was still in his manic episode, but had not diagnosed acute manic psychosis. Chapman also agreed that the duration of a manic episode averages about four months, while the defendant’s episode lasted only two weeks. Finally, Chapman acknowledged that much of the basis for his diagnosis was the defendant’s statements that his mind was racing, his thinking was jumping from topic to topic and he felt that his mind would explode.

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Bluebook (online)
621 N.E.2d 228, 250 Ill. App. 3d 803, 190 Ill. Dec. 359, 1993 Ill. App. LEXIS 1418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-aspelmeier-illappct-1993.