People v. Fierer

631 N.E.2d 1214, 260 Ill. App. 3d 136, 197 Ill. Dec. 755, 1994 Ill. App. LEXIS 279
CourtAppellate Court of Illinois
DecidedMarch 4, 1994
Docket3-92-0486
StatusPublished
Cited by20 cases

This text of 631 N.E.2d 1214 (People v. Fierer) 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. Fierer, 631 N.E.2d 1214, 260 Ill. App. 3d 136, 197 Ill. Dec. 755, 1994 Ill. App. LEXIS 279 (Ill. Ct. App. 1994).

Opinion

PRESIDING JUSTICE SLATER

delivered the opinion of the court:

The defendant, Joshua Fierer, was charged with murdering his wife, Mary Fierer. At the conclusion of defendant’s first trial, he was found guilty but mentally ill of murder and he was sentenced to a term of 30 years’ imprisonment. The defendant appealed and this court reversed his conviction and remanded the cause for a new trial. (People v. Fierer (1987), 151 Ill. App. 3d 649, 503 N.E.2d 594.) The Illinois Supreme Court subsequently affirmed our decision. (People v. Fierer (1988), 124 Ill. 2d 176, 529 N.E.2d 972.) Following defendant’s second trial, the jury found the defendant guilty of voluntary manslaughter (Ill. Rev. Stat. 1985, ch. 38, par. 9—2) and he was sentenced to a term of 10 years’ imprisonment. The defendant now appeals, contending that: (1) he proved by a preponderance of the evidence that he was insane at the time he killed his wife; (2) he was denied a fair trial by improper cross-examination of his expert witnesses; (3) the jury was improperly instructed; (4) the trial court erred in limiting defense counsel’s cross-examination of a prosecution witness; and (5) he was denied a fair trial by improper closing arguments by the prosecutors. We affirm.

Peoria attorney John Brady testified that he had been appointed guardian ad litem for the children of Joshua and Mary Fierer in connection with the Fierers’ divorce proceedings. On the morning of December 6, 1984, he met with the defendant and Mary at the family residence in Morton, Illinois, to supervise the division of property. At the time, Mary and two of the children were living elsewhere in Morton. According to Brady, matters proceeded fairly smoothly from about 9 a.m. to 10:50 a.m. Both of the Fierers appeared somewhat ill at ease but were generally cooperative. During the course of the morning, Brady and the Fierers were joined by two professional movers. Shortly before 11 a.m., Mary went home to get more boxes and to transport some fragile items which she did not want the movers to handle. She returned after about 20 or 30 minutes.

At approximately 11:40 a.m., Brady telephoned his office, using the kitchen telephone while standing in the adjoining family room. The movers were outside and the Fierers were cleaning out the closet in a bedroom down the hall from the kitchen. While on the phone, Brady noticed defendant in the kitchen and then saw defendant leave the kitchen carrying a plastic trash bag. Within a minute or so thereafter, Brady heard a commotion coming from the bedroom, as if items had fallen down in the closet. He then heard Mary calling for help in a loud, excited voice.

Brady dropped the telephone and ran into the bedroom. He saw defendant on the floor near the closet with his elbows extended perpendicular to his body and they were moving very rapidly. Eventually realizing that defendant was attacking his wife, Brady, who is 6 feet 7 inches tall, tried to pull the defendant away, but he was unable to do so. Brady then ran to the front door and yelled to the movers for help. He returned to the bedroom and tried to pull defendant away by the shoulders but was again unsuccessful. Brady then took a case containing phonograph records and hit defendant on the head with it. When this had no effect, Brady left the room and called the police.

The movers, Keith Mordue and William Vogel, Jr., testified that they were outside in the truck when they heard a woman’s screams coming from inside the house. Brady then came outside and told them, "He is killing her.” Mordue ran into the bedroom and saw Mary Fierer leaning against the back of the closet and defendant leaning against her and stabbing her. Mordue tried to pull defendant away by his belt but he could not do so. Defendant did not say anything or even seem to realize that anyone else was present. Mordue then got a baseball bat from Vogel and returned to the bedroom with Vogel. They saw Mary on the ground with her head in the closet and her legs outside the closet and the defendant on top of her. Mordue told defendant to stop but he did not respond. Mordue then raised the bat over his head and brought it down hard onto defendant’s right shoulder or collar bone. Defendant did not cry out in pain or grab his shoulder. He merely turned and stared at Mordue. As Mordue ran out of the room, he shouted that the police had arrived, but this also had no effect on the defendant. The movers then left the house to contact the police.

Morton police officers Mart Tatum and David Frank testified that they were the first policemen at the scene. They found defendant lying on top of his wife’s body. They asked the defendant to get up but he did not move. The officers helped defendant to his feet and took him into the hallway. Defendant was told to lie down on his stomach and he did so. Defendant was asked his name but did not respond, nor did he respond to any other questions.

Dr. Grant Johnson testified that he performed the autopsy on Mary Fierer. A knife was embedded in her left chest and her body showed numerous stab wounds. She died from internal and external hemorrhaging resulting from the various wounds.

After the State rested, the defense called Daron Ray Perry, who testified that he was a member of the ambulance crew which reported to the Fierer residence on December 6, 1984. The defendant was disoriented and he did not respond to questions or to painful stimuli, nor did he react when an I.V. was inserted. Once inside the ambulance, defendant began saying, over and over in a high, squeaky voice, "Mary don’t. My hands are cut. Mary, you stabbed me.” Ambulance personnel Thomas Eaton and Robert Cloyd testified in rebuttal that defendant moved his head and eyes in response to words and sounds made in the ambulance. Eaton confirmed, however, that defendant kept repeating during the ride to the hospital, "Mary, don’t do it. Put the knife down. Mary, please don’t. My hand is cut, don’t stab me, Mary.”

Dr. Richard Corley, a plastic and reconstructive surgeon, testified that he treated the defendant in the emergency room of St. Francis Hospital. When Corley first saw defendant he was moaning and incoherent. Defendant had incurred 34 wounds to his hands and fingers. In Corley’s opinion, those wounds were defensive wounds suffered when defendant attempted to grab the blade of a knife being thrust towards him. When Corley asked the defendant how he had been injured, he told Corley that his wife had attacked him with a knife, he had attempted to take the knife away from her, and the next thing he remembered was waking up in the emergency room.

Dr. Phillip Immesoete and Dr. John Feegel agreed with Dr. Corley that defendant’s wounds were more likely defensive wounds incurred while attempting to ward off the knife rather than slippage wounds incurred while using the knife. Dr. Edmund Donoghue testified in rebuttal that defendant’s wounds were more likely due to slippage than self-defense, while the wounds on Mary Fierer’s hands were defensive. Donoghue acknowledged, however, that defendant’s wounds could be defensive or slippage or a combination of both.

Defendant Joshua Fierer, 47 years old at the time of the incident and 54 years old at the time of the second trial, testified that he and his wife were married in 1959.

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Cite This Page — Counsel Stack

Bluebook (online)
631 N.E.2d 1214, 260 Ill. App. 3d 136, 197 Ill. Dec. 755, 1994 Ill. App. LEXIS 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fierer-illappct-1994.