People v. Camden

578 N.E.2d 1211, 219 Ill. App. 3d 124, 161 Ill. Dec. 565, 1991 Ill. App. LEXIS 1473
Appellate Court of Illinois·Decided August 30, 1991·No. 5-89-0284·Published·Cited by 16 cases

Opinion

JUSTICE HARRISON

delivered the opinion of the court:

Following a jury trial in the circuit court of Crawford County, defendant, Julia Camden, was found not guilty of attempted murder and guilty but mentally ill of armed violence (Ill. Rev. Stat. 1983, ch. 38, par. 33A — 2) and two counts of aggravated battery (Ill. Rev. Stat. 1983, ch. 38, pars. 12 — 4(a), (b)(1)). Defendant was sentenced to a six-year term of imprisonment and subsequently perfected the instant appeal.

The following issues are presented for review: (1) whether the State failed to prove defendant’s sanity beyond a reasonable doubt; (2) whether the trial court erred in refusing to grant a mistrial based upon the testimony of a witness which exceeded the scope of a pretrial order; (3) whether the trial court erred in giving the second paragraph of the instruction defining insanity; (4) whether the prosecutor’s closing argument was improper and so prejudiced defendant as to deny her a fair trial; and (5) whether defendant’s aggravated battery convictions must be vacated where they were used as the predicate offense for the charge of armed violence.

The record of defendant’s February 1989 trial contains the following evidence. Defendant and Ivan “Yancey” York, Jr. (York), began dating in April 1980, and in November 1981, they moved in together. In January 1983, defendant and York separated, but dated occasionally until early July 1983.

Around 4 p.m. on July 21, 1983, defendant accompanied her friend Connie Siebeck to the Saloon Tavern in Robinson, Illinois. York and Dennis York also arrived at the tavern around 4 p.m. The parties did not converse. After about 10 minutes, the two men returned to Dennis York’s house. Ms. Siebeck left the tavern at approximately 6 p.m., but defendant remained there. Around 8:30 p.m., York returned to the tavern and defendant was still there. York sat at a table with Kevin Pethel, Barbara Bethel, Mona Bethel, and Elder York for approximately 20 minutes and then left with Kevin Bethel to go to the Oasis Bar.

After York and Kevin Bethel left, defendant came to the table and asked Barbara Bethel, “Did he leave with that broad?” Barbara Bethel told defendant she did not know to whom defendant was referring. When York returned to the tavern approximately one hour later, defendant was still seated at the bar. York rejoined the Bethels and Elder York. York and Elder York were talking when defendant approached the table. York heard defendant say “I hope you enjoyed yourself,” heard a gunshot, and saw that he was wounded in the left side of the abdomen. Barbara Bethel and Mona Bethel testified that defendant said to York, “Did you enjoy it?” After the shooting, defendant turned, tripped over Mona Bethel’s chair, knocking her to the floor, and hurried out of the tavern. Defendant then walked to the Crawford County jail.

Although defendant did not deny during the trial that she shot York, she asserted that she was insane at the time of the offense. The jury, which was instructed that the State bore the burden of proving beyond a reasonable doubt that defendant was sane, found defendant guilty but mentally ill of armed violence and battery.

Defendant initially argues on appeal that the State failed to prove her sanity beyond a reasonable doubt. At the time of the offense, the affirmative defense of insanity was codified by section 6 — 2 of the Criminal Code of 1961, which provided:

“(a) A person is not criminally responsible for conduct if at the time of such conduct, as a result of mental disease or mental defect, he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law.
(b) The terms ‘mental disease or mental defect’ do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
(c) A person who, at the time of the commission of a criminal offense, was not insane but was suffering from a mental illness, [sic] is not relieved of criminal responsibility for his conduct and may be found guilty but mentally ill.
(d) For purposes of this Section, ‘mental illness’ or ‘mentally ill’ means a substantial disorder of thought, mood, or behavior which afflicted a person at the time of the commission of the offense and which impaired that person’s judgment, but not to the extent that he was unable to appreciate the wrongfulness of his behavior or is unable to conform his conduct to the requirements of law.” Ill. Rev. Stat. 1981, ch. 38, pars. 6 — 2(a) through (d).

Whether the State carried its burden of proving defendant sane is a question of fact, and the jury’s determination will not be reversed unless so improbable or unsatisfactory as to create a reasonable doubt as to the defendant’s sanity or so palpably erroneous as to suggest its basis as passion or prejudice. (People v. Silagy (1984), 101 Ill. 2d 147, 169, 461 N.E.2d 415, 425-26, cert. denied (1984), 469 U.S. 873, 83 L. Ed. 2d 156, 105 S. Ct. 227.) In deciding whether a defendant’s guilt of a crime was established beyond a reasonable doubt, the ultimate question is whether, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proved beyond a reasonable doubt. People v. Collins (1985), 106 Ill. 2d 237, 478 N.E.2d 267, cert. denied (1985), 474 U.S. 935, 88 L. Ed. 2d 274, 106 S. Ct. 267.

The following evidence was introduced concerning the insanity defense. Friends and family testified that after defendant and York separated, there was a change in defendant’s behavior and appearance. Defendant became tired, depressed, and forgetful, and drank heavily. Defendant stopped eating, getting dressed, and taking care of her home. Defendant was often crying and her weight dropped dramatically. Defendant also discontinued most of her social activities.

Defendant testified that in late May 1983, she stopped functioning “as a person.” She felt there was no purpose to her life and would not get out of bed. For her children’s sake, defendant tried to remain in control. For several weeks in July, she worked as a receptionist for a local eye doctor to pay off her bill. However, she struggled to do this job because of her preoccupation with York.

York testified that on June 29, 1983, he spent the night with defendant and they discussed her possible pregnancy. York also stated that following the last night they spent together, which defendant testified was July 2, 1983, he laughed at defendant, called her a “fool,” and told her he had no intention of coming back to her. York testified that on the morning of July 7, defendant came to see him and told him that she had made arrangements for a pregnancy examination in Terre Haute, Indiana, the next day and wanted York to accompany her. York at first agreed, but reneged after defendant said she would shoot him and his new girlfriend, Joyce Guyer, if she saw them together. Defendant also told York that if she could never have him, no one would. York testified that when he was living with defendant she carried a gun in her purse at all times.

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People v. Camden, 578 N.E.2d 1211, 219 Ill. App. 3d 124, 161 Ill. Dec. 565, 1991 Ill. App. LEXIS 1473 (Ill. Ct. App. 1991).

578 N.E.2d 1211 (People v. Camden) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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