People v. Ganus

594 N.E.2d 211, 148 Ill. 2d 466, 171 Ill. Dec. 359, 1992 Ill. LEXIS 61
CourtIllinois Supreme Court
DecidedMarch 26, 1992
Docket70147
StatusPublished
Cited by51 cases

This text of 594 N.E.2d 211 (People v. Ganus) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Ganus, 594 N.E.2d 211, 148 Ill. 2d 466, 171 Ill. Dec. 359, 1992 Ill. LEXIS 61 (Ill. 1992).

Opinions

JUSTICE HEIPLE

delivered the opinion of the court:

Defendant, Victor Ganus, was convicted by a jury in Randolph County circuit court of three counts of murder. At sentencing, the jury determined that defendant was eligible for the death penalty based on the fact that defendant had murdered two or more individuals and that the victim in this case was an inmate of a correctional institution. (111. Rev. Stat. 1987, ch. 38, pars. 9— 1(b)(2), (b)(3).) Finding factors in aggravation, the jury returned a verdict of death. Defendant’s execution was stayed pending direct review by this court. Ill. Const. 1970, art. VI, §4(b); 134 Ill. 2d Rules 603, 609(a).

Defendant was arrested on November 16, 1988, following an oral statement in which he admitted his involvement in the death of Lucas Gonzales. In his statement, to which Department of Corrections Investigator Terry Neathery testified at trial, defendant stated that on November 5, 1988, while an inmate at Menard Correctional Institution, he “thought about robbing and murdering inmate ‘Hollywood’ [Gonzalez] who lived in Cell 530 Westhouse.” Defendant described how he prepared for the murder, taking the wire from his broom and wrapping it around two pieces of wood, and securing a knife. Defendant then requested that two other inmates vacate their cell (523) in the afternoon of November 5, 1988. Defendant went to Cell 523 after lunch and waited for Gonzales, a fellow inmate, to be left alone in his neighboring cell. When defendant determined that Gonzales was alone, he entered his cell, choked him with a wire and told him that “he [Gonzales] raped the wrong bitch out in the street.” Defendant stated that he learned this information from other inmates as part of his duty as cellhouse security chief for the Latin Kings gang. After defendant determined that Gonzales was unconscious, he stabbed him in the chest and placed him on the bed with a pillow under his head and a towel over the stab wounds.

Prison officials testified that they were called to Cell 530 by Thomas Johnson, Gonzales’ cellmate. Johnson had discovered Gonzales lying on the bed and suspected that he had passed out from drinking. Unable to obtain a pulse from Gonzales, Johnson notified officials, who called for medical assistance. Upon examining Gonzales, prison officers noted four stab wounds to his chest which were covered with a towel. Other officers processed the cell for fingerprints and other evidence. Their investigation revealed a piece of wire with two small blocks of wood tied to the ends inside a brown paper bag.

Inmates Kevin Taylor and Randall Long testified that defendant asked them to vacate their cell on the afternoon of November 5, 1988. They did so and returned to the cell at approximately 2:30 p.m. When they returned to their cell, a towel like that found covering the victim’s wounds was missing.

Dr. Raj Nanduri testified that he performed the autopsy on Gonzales. He testified that Gonzales suffered blunt trauma to the neck, the likely cause of which was strangulation. Dr. Nanduri believed the causes of death to have been asphyxiation due to strangulation and hemorrhagial shock, or blood loss, from the stab wounds. He identified photographs of the stab wounds to Gonzales’ chest.

Defendant did not testify on his own behalf, and following testimony, the jury convicted defendant of three counts of murder. The jury then found defendant eligible for the death penalty and heard evidence in aggravation and mitigation. Evidence in aggravation included testimony that defendant had attempted to stab another inmate on April 19, 1988. At that time, defendant told investigators that he was ordered by the Latin Kings to stab the other inmate. Additionally, prison officials testified that weapons had been found in defendant’s cell on previous occasions.

In mitigation, the jury heard a stipulation that defendant had offered his cooperation to the State with respect to the investigation of Gonzales’ death if the State would waive the death penalty. Additionally, the jury heard testimony from four of defendant’s family members, his former Boys’ Club director, and David Randall, a psychologist and sentencing consultant.

Defendant’s uncle, mother, brother and sister testified to defendant’s abusive childhood, relating incidents of physical and emotional violence by his father. His sister and brother further testified to his self-destructive young adulthood. Robert Fox, a manager at the Rockford Boys’ Club, testified that defendant had participated in Boys’ Club activities for 10 years, consistently spending his after-school and evenings at the club. Fox stated that defendant was a leader and never caused any problems at the club. He stated that he knew that defendant had a fear of his father. Finally, David Randall testified concerning a report he had prepared detailing defendant’s abusive family life, drug and alcohol problems. On cross-examination, Randall stated that he had not interviewed defendant’s father, although he had interviewed other family members. Defendant was subsequently sentenced to death.

INEFFECTIVE ASSISTANCE OF COUNSEL

Defendant first contends that he was denied his sixth amendment right to effective assistance of counsel. At trial, defense counsel questioned two fellow inmates of defendant, Officer Darryl Jones and Investigator Terry Neathery about gang activity at Menard, defendant’s gang activity and the relation of the Gonzales murder to any gang activity. Defendant claims that defense counsel rendered ineffective assistance of counsel when he elicited prejudicial testimony about gang activity and defendant’s ties thereto, in attempting to prove the affirmative defense of compulsion to the offense of murder. The defense of compulsion is not an affirmative defense available to defendant, as he is charged with an offense punishable by death. (People v. Gleckler (1980), 82 Ill. 2d 145; Ill. Rev. Stat. 1987, ch. 38, par. 7-11(a).) Defendant contends that his counsel labored under the misconception that compulsion was an available defense.

The standard for a determination of ineffective assistance of counsel is set forth in Strickland v. Washington (1984), 466 U.S. 668, 80 L. Ed. 2d 674, 104 S. Ct. 2052. Strickland established a two-prong test for judging attorney performance: first, that counsel’s representation fell below an objective standard of reasonableness; second, that there is a reasonable probability that but for counsel’s unprofessional errors, the result of the proceeding would have been different. (Strickland, 466 U.S. at 690, 694, 80 L. Ed. 2d at 695, 698, 104 S. Ct. at 2066, 2068.) The burden of proving prejudice rests with the defendant. (Strickland, 466 U.S. at 694, 80 L. Ed. 2d at 698, 104 S. Ct. at 2068.) This court adopted the Strickland standard in People v. Albanese (1984), 104 Ill. 2d 504. Defendant has failed to meet the burden of demonstrating ineffective assistance of counsel.

The record reveals that defense counsel was faced with the predicament of formulating a defense for a client who faces the death penalty by reason of his own detailed, Mirandaized statement, but who refuses to testify in his own defense. The record shows that counsel, in forging a defense, consulted with legal experts on death penalty trials, and even obtained court funds to retain an expert in the field of mitigation at death penalty hearings.

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Cite This Page — Counsel Stack

Bluebook (online)
594 N.E.2d 211, 148 Ill. 2d 466, 171 Ill. Dec. 359, 1992 Ill. LEXIS 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ganus-ill-1992.