People v. Cord

607 N.E.2d 574, 239 Ill. App. 3d 960, 180 Ill. Dec. 505, 1993 Ill. App. LEXIS 19
CourtAppellate Court of Illinois
DecidedJanuary 14, 1993
Docket2-90-0993
StatusPublished
Cited by9 cases

This text of 607 N.E.2d 574 (People v. Cord) 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. Cord, 607 N.E.2d 574, 239 Ill. App. 3d 960, 180 Ill. Dec. 505, 1993 Ill. App. LEXIS 19 (Ill. Ct. App. 1993).

Opinion

JUSTICE BOWMAN

delivered the opinion of the court:

Defendant, Roy Cord, was convicted of first degree murder (Ill. Rev. Stat. 1989, ch. 38, par. 9—1(a)(1)) and sentenced to 88 years’ imprisonment. On appeal he argues that he was denied the effective assistance of trial counsel when counsel introduced an officer’s written account of defendant’s confession which contained aggravating information. Defendant also argues the trial court abused its discretion by entering an excessive sentence.

Defendant pleaded guilty to the murder of Steven Moss in return for the State’s agreement not to seek the death penalty. The court accepted the plea and conducted a sentencing hearing. The State prepared a lengthy presentence information report, and the defense prepared a sentencing memorandum. During the plea, defendant admitted stabbing Moss repeatedly with a knife and causing his death. The State stated that it would introduce evidence that the victim was anally assaulted before or after the death. Defense counsel stated that defendant had no memory of the events other than his rage during the stabbing. Counsel further stated that the medical examiner determined that the anus had begun to heal after the anal penetration and that the victim was alive during the penetration; however, counsel could not tell from this determination whether the penetration was consensual or when it occurred.

At the sentencing hearing, the State introduced the testimony of John Secor, who owned a car repair business. On December 23, 1987, defendant broke into Secor’s garage and house. He grabbed Secor’s arm and tried to pull it through the hole in the door. Defendant was not so much talking as growling, and he fainted when the police arrived. Defendant had been friendly, nice, courteous, and good, and Se-cor could not understand why defendant had acted violently. Officer Thomas Judd of the Round Lake Beach police department testified that he found defendant covered with blood and grunting. Defendant was convicted of burglary for this incident, and he was on probation for the burglary when he killed Moss. The trial court had the presentencing reports and progress reports relating to the burglary charge.

Officer Judd also testified that he was the first officer to report to the scene of the murder. He found Moss’ body in a second-floor bedroom. A dead poodle was in the lower level. Judd saw several beer bottles about the ransacked house. Judd authenticated photographs showing Moss’ body with bloody stab wounds.

Dr. Nancy Jones, a medical examiner and a forensic pathologist, testified that the victim suffered 41 stab, incise and puncture wounds, mostly on the left side and around the head and chest. The victim’s pants and underwear were pulled down. A knife had punctured the lungs. The knife cut the left and right ventricles of the heart, which continued to beat. Bleeding into the pericardium cavity had not stopped the heart because the blood drained out through the wounds. The victim also had a dilated rectum which showed a laceration in the mucus membrane, as if there had been sexual penetration. The rectum showed hemorrhaging, which indicated that the heart was pumping blood at the time of the penetration. Dr. Jones concluded the victim was alive at the time of the penetration. She testified the poodle was also stabbed.

The court read the victim impact statements of the victim’s brother, father and mother. The court later stated it redacted the statements to consider only the statutorily authorized factors in them. The victim’s girlfriend, who was the mother of his son, read her statement in which she stated that the murder had shattered their plans to start a home together.

A sheriff’s deputy stated that while he was on duty at the Lake County jail, defendant had approached him and stated that he was going to be sentenced for murder. Defendant told him, “I killed a fag” because the victim touched him while they were in a bar. Defendant walked away from the deputy and said, “Oh, well, shit happens.” However, defense counsel impeached the deputy’s recollection of the conversation.

After the State rested, defense counsel introduced a statement written by Sergeant David Ostertag of the Round Lake Beach police department in which he related defendant’s confession to the murder. This report formed the basis of the alleged ineffective assistance. The report supplies defendant’s account of how the murder occurred.

Defense counsel called Dr. Gerald Girdaukas as his primary witness and to authenticate his psychological report. Dr. Girdaukas was a licensed clinical psychologist who examined defendant prior to the sentencing hearing. Defendant was borderline mentally retarded with an IQ of 76 at age 22. The tests indicated that defendant had significant intellectual, emotional, and educational difficulties. Defendant had no significant history of violent crimes other than the burglary. Since then, he had adapted well by working at the Lambs’ Farm and at a grocery store. Defendant had an alcohol problem earlier, but progressed well with regular attendance at Alcoholics Anonymous meetings. Shortly following several positive mental evaluations, defendant committed the murder. Dr. Girdaukas found defendant to be very anxious with intensely emotional behavior. The behavior was consistent with previous reports.

Dr. Girdaukas concluded that sexual confusion was at the heart of the offense. Defendant thought the victim was a homosexual because twice he put a hand on defendant’s shoulder. The events of the night, aggravated by drinking in a bar, created emotions so powerful that defendant could not control his emotions. Aberrant homosexual patterns are commonly found among individuals who were homosexually assaulted themselves. The pattern is often the subject of societal scorn, and the emotions become fixed in recesses deep in the subject’s mind. In addition, defendant felt rejected when he was called a “retard.” Defendant’s suffering a rape by his stepfather was a factor which explained the rage of a multiple stab attack. The violence was an enormous eruption of emotion that occurred from a building up of frustration, secrecy, self-alienation and abuse. Defendant killed the victim in a homosexual panic.

On cross-examination, Dr. Girdaukas testified that defendant told him that defendant’s stepfather had beaten him and was a violent person when he drank alcohol. However, Dr. Girdaukas admitted defendant did not tell him that the stepfather had sexually assaulted him.

On redirect examination, Dr. Girdaukas explained that during the psychological examination defendant became severely anxious and uncontrollable when the doctor tried to ask about defendant’s sexual feelings, which caused him pain. Defendant could not deal with the feelings. Dr. Girdaukas had to obtain a sexual history from secondary sources. Defense counsel introduced Ostertag’s report in which the officer related that he asked defendant if he had been sexually assaulted, and defendant responded that he had. Ostertag asked if the perpetrator was his father and defendant nodded, said “yes,” and cried. Dr. Girdaukas found the paragraph very descriptive of defendant’s emotional conflict. Dr. Girdaukas noted that defendant first denied anything happened and then broke down.

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Cite This Page — Counsel Stack

Bluebook (online)
607 N.E.2d 574, 239 Ill. App. 3d 960, 180 Ill. Dec. 505, 1993 Ill. App. LEXIS 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cord-illappct-1993.