People v. Benkowski

575 N.E.2d 587, 215 Ill. App. 3d 615, 159 Ill. Dec. 89, 1991 Ill. App. LEXIS 1197
CourtAppellate Court of Illinois
DecidedJuly 12, 1991
Docket2-89-1278
StatusPublished
Cited by13 cases

This text of 575 N.E.2d 587 (People v. Benkowski) 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. Benkowski, 575 N.E.2d 587, 215 Ill. App. 3d 615, 159 Ill. Dec. 89, 1991 Ill. App. LEXIS 1197 (Ill. Ct. App. 1991).

Opinion

JUSTICE NICKELS

delivered the opinion of the court:

Defendant, Judith Ann Benkowski, entered a nonnegotiated plea of guilty to three counts of murder, conspiracy to commit murder, and solicitation of murder for hire. (Ill. Rev. Stat. 1987, ch. 38, pars. 9— l(aXl), 8 — 2(a), 8 — 1.2(a).) Although finding defendant eligible for imposition of the death penalty because she had “procured another to commit the murder for money or anything of value” (Ill. Rev. Stat. 1987, ch. 38, par. 9 — l(bX5)), the court nevertheless found two statutory factors in mitigation (see Ill. Rev. Stat. 1987, ch. 38, par. 9 — 1(c) et seq.). Thus, the defendant’s lack of a criminal history and absence from the scene at the time of the commission of the murder (Ill. Rev. Stat. 1987, ch. 38, pars. 9 — 1(c)(1), (cX5)) precluded imposition of the death penalty. After a sentencing hearing, the court found that the victim’s age of 67 years at the time of his murder and the brutal and heinous nature of the offense justified an extended sentence of 100 years’ imprisonment. (Ill. Rev. Stat. 1987, eh. 38, par. 1005 — 5— 3.2(b).) Defendant appeals asserting that: (1) the trial court abused its discretion in imposing the maximum extended sentence; and (2) the court erroneously entered defendant’s convictions and sentences on the inchoate offenses of conspiracy to commit murder and solicitation of murder for hire. We affirm in part and reverse in part.

Defendant entered a guilty plea to charges stemming from the November 4, 1988, contract murder of her 67-year-old husband, Clarence Benkowski. Defendant paid Edward Brown, who entered a negotiated guilty plea in exchange for a natural-life sentence, to kill her husband. Debra Santana, who was a common friend of both defendant and Brown and who was instrumental in the murder, also entered a negotiated guilty plea in exchange for a 22-year sentence of imprisonment.

Because defendant appeals only her sentence, we can dispense with a detailed recitation of the facts. In the early fall of 1988, defendant secured the services of Brown to accomplish the murder of her husband. The killing was initially planned for October 3, 1988, but was cancelled. Defendant continued to meet and plan the killing with Brown during the month of October and, eventually, on November 4, 1988, defendant drugged her husband with sleeping pills to insure his sound sleep, locked the family dog in a spare room, and provided Brown with access to her home, her husband’s gun, a pillow to muffle the sound of the gunshots, and directed Brown to the bedroom where her husband lay taking his customary morning nap. Brown received $3,000 and defendant’s wedding rings worth $4,000 for the killing. Defendant ransacked the bedroom to make it appear as if a home intruder had committed the murder and then left with Santana for drinks and lunch. Returning several hours later, they then notified police. Although originally telling police the arranged home intruder version of events, defendant eventually confessed and identified both Brown and Santana as participants. Defendant entered a nonnegotiated plea of guilty, and a death penalty hearing took place. The court found defendant eligible for the death penalty but specifically found that her lack of a criminal record and her absence from the bedroom where her husband lay sleeping when Brown shot him were sufficient factors in mitigation to prevent imposition of the death penalty.

The hearing continued with the sentencing phase at which the State sought a sentence of natural life, and defendant’s counsel suggested the minimum sentence of 20 years’ imprisonment. The court accepted additional evidence in aggravation and mitigation, including defendant’s version of the events leading to her husband’s death. However, defendant’s version of events differed in several critical respects from that of Brown.

Brown testified that defendant approached him and that he had resisted the idea of killing her husband. However, defendant persisted, and Brown eventually agreed to kill defendant’s husband for $2,000, despite his reservations. Prior to the original planned murder date of October 3, 1988, when Brown learned that defendant had told Santana and defendant’s boyfriend of the plan, Brown withdrew from the plan because too many people knew. Defendant again urged Brown to proceed and gave him an additional $1,000 and her wedding rings and promised him another $1,000 after the killing occurred. Again on November 4, 1988, after Brown arrived in the morning to fulfill the plan only to find no one home, he attempted to withdraw from the plan. However, defendant once again prevailed upon Brown to proceed. Brown testified that at no time did defendant express any reservations or attempt to stop the killing of her husband and that she appeared happy and rubbed her hands together, as if in glee, after Brown shot defendant’s husband with her husband’s own gun as her husband lay sleeping in his own bed. Defendant suggested the story of a home invasion and gave Brown her VCR to cover up the murder before leaving with Santana for lunch and drinks to establish her alibi.

In contrast, defendant testified that Santana suggested that Brown, who was Santana’s boyfriend, get rid of defendant’s husband for defendant permanently. Brown never balked at the idea, and it was defendant who continually expressed reservations and attempted to withdraw from the plan only to have Brown insist that it proceed. Defendant testified that she actually physically tried to stop Brown as he approached the room where defendant’s husband lay sleeping, only to be struck and pushed aside by Brown and held by Santana until the killing was over. Brown took defendant’s wedding rings from the dresser in the bedroom where the murder occurred and the VCR from the living room and told her to ransack the house to make it look like a home invasion. After Brown left, Santana suggested the alibi of lunch and shopping, which defendant agreed to in a daze, and defendant could not eat once she and Santana arrived at the restaurant.

An inmate of the Du Page County jail, who had been assigned to a cell with both Santana and defendant at different times and who was herself awaiting sentencing on charges stemming from the murder of her husband, testified that both Santana and defendant had told her that defendant tried to stop Brown, who pushed defendant away, and was further restrained from so doing by Santana. Other witnesses including a Du Page County Department of Corrections matron, defendant’s sister, neighbor, and minister, each testified to defendant’s sweet and caring, honest, maternal and deeply religious nature. Defendant completed her GED high school degree as well as other classes, including Bible studies, while incarcerated awaiting trial. Defendant expressed remorse for her actions and regret for the suffering she had caused her family, including the sons she shared with her husband, as well as her husband’s family.

However, the court explicitly rejected the defendant’s testimony, including her statements of remorse, as without credibility and a complete contradiction of common sense. It found that the testimony of the Du Page County Department of Corrections inmate was totally incredible and did not consider it whatsoever. It further found that other testimony in mitigation that defendant was sweet and caring, honest, deeply religious, and a concerned mother was contradicted by the degree of her participation in the events leading to her husband’s death.

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Bluebook (online)
575 N.E.2d 587, 215 Ill. App. 3d 615, 159 Ill. Dec. 89, 1991 Ill. App. LEXIS 1197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-benkowski-illappct-1991.