People v. Hansen

815 N.E.2d 848, 352 Ill. App. 3d 40, 287 Ill. Dec. 204, 2004 Ill. App. LEXIS 980
CourtAppellate Court of Illinois
DecidedAugust 25, 2004
Docket1-02-3190
StatusPublished
Cited by7 cases

This text of 815 N.E.2d 848 (People v. Hansen) 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. Hansen, 815 N.E.2d 848, 352 Ill. App. 3d 40, 287 Ill. Dec. 204, 2004 Ill. App. LEXIS 980 (Ill. Ct. App. 2004).

Opinion

PRESIDING JUSTICE HOFFMAN

delivered the opinion of the court:

This appeal comes before us following a second jury trial in which the defendant, Kenneth Hansen, was convicted of the 1955 murders of 13-year-old Robert Peterson, 13-year-old John Schuessler, and 11-year old Tony Schuessler. Having elected to be sentenced under the Unified Code of Corrections (111. Rev. Stat. 1973, ch. 38, par. 1001 — 1—1 et seq.), the defendant was sentenced to concurrent prison terms of not less than 200 years and not more than 300 years. On appeal, the defendant contends that: (1) the circuit court erred in refusing to admit certain exculpatory evidence under the former testimony exception to the hearsay rule; (2) he was deprived of due process by the State’s failure to correct a key witness’s false testimony; and (3) the circuit court erred in allowing certain prejudicial testimony implicating him in another crime. For the reasons that follow, we affirm.

The defendant was first convicted of the murders following a jury trial in 1995. While his direct appeal was pending, the defendant filed a petition for postconviction relief, seeking a new trial on the ground that he had newly discovered evidence of his innocence consisting of a statement made by Joyce Saxon implicating her ex-husband in the murder of the three boys. Following an evidentiary hearing, the circuit court denied the defendant’s postconviction petition. The defendant’s appeal from the denial of his postconviction petition was consolidated with his direct appeal. In that appeal, this court found that certain evidence had been improperly admitted at trial and, as a consequence, reversed the defendant’s convictions and remanded the case to the circuit court for a new trial. People v. Hansen, 313 Ill. App. 3d 491, 729 N.E.2d 934 (2000). In light of our remand for a new trial, the defendant’s appeal from the denial of his postconviction petition was rendered moot. Hansen, 313 Ill. App. 3d at 508.

A second jury trial, which is the subject of the instant appeal, was held in 2002. The State presented the following evidence at trial.

Ernest Niewiadomski testified that, shortly after 7:30 p.m. on October 16, 1955, he saw the victims at a bowling alley wearing baseball jackets. According to Ralph Helm, sometime between 8:30 and 9 p.m., he saw a boy he later identified as Tony Schuessler hitchhiking on the street, and two other boys dressed in “sports jackets” standing nearby. Hetty Salerno testified that, at approximately 9:30 p.m., she heard two screams coming from the direction of the Idle Hours Stable, which was located near the forest preserves where the victims’ unclothed bodies were discovered two days later.

Dr. Edmond Donoghue, who was qualified as an expert in the field of forensic pathology, opined that Tony Schuessler was manually strangled, John Schuessler had been strangled in a manner consistent with a choke hold, and Robert Peterson had been strangled with an item such as a belt or rope. On cross-examination, the doctor testified that he found no evidence of oats, hay, horse manure, barley, horse feed, or animal hair on the victims’ bodies. He further stated that, although the bodies were found unclothed, there was no evidence of semen or anal penetration.

Herbert Hollatz testified that, in 1952, when he was in his early 20s, he lived and worked for the defendant at the Park Ridge Stable for three or four months. After leaving the stable, Hollatz again saw the defendant in October 1955, at which time he told Hollatz that he wanted to talk to him about something. According to Hollatz, the defendant told him that he “was the one [who] killed them three boys” a week earlier. The defendant said that someone told him to kill the boys and threatened that, if Hollatz told anyone, the defendant’s brother, Curtis, “would take care of things.” Hollatz stated that he first told the authorities about the incident when he was approached by an assistant State’s Attorney in April 1995.

Patrick Mason had testified at the defendant’s first trial but, because he had died in 1997, his prior testimony was read to the jury. Mason stated that, in 1956, when he was 11 years old, he worked at the Bro-Ken H Stables on the weekends and one day walked in on the defendant performing oral sex on a 15-year-old boy. The defendant later approached Mason and told him that, if he told anyone what he had seen, he would “wind up in the woods like those other boys.”

Roger Spry testified that he began living with the defendant’s family in 1960 when he was 10 or 11 years old and continued to live with them for approximately 20 years. Spry stated that, when he was about 15 years old, the defendant had told him that he once picked up three boys, took them to a barn, and then sent the older boy off to do something so he had the two younger boys alone. According to the defendant, he was having sex with the two younger boys when the older boy walked in on them and threatened to report what the defendant had done. The defendant told Spry that he grabbed the older boy’s throat and accidentally choked him to death, leaving him no choice but to kill the other two boys. He also told Spry that Silas Jayne arrived and helped him dump the bodies off in the forest preserves. Spry stated that the defendant referred to one of the boys as “Peterson.” He testified that, several months later, the defendant caught him pocketing money from riders at the stable and told him, “you’re going to end up just like that Peterson boy.” Spry acknowledged that he first told law enforcement officials about the defendant’s statements in August 1994 while facing prosecution for arson and that, in exchange for his testimony in this case, his sentence in the arson case was being reduced.

William Wemette testified that he lived at the Sky High Stables “off and on” between 1968 and 1970 during which time he had “at least a dozen” conversations with the defendant about the murders. During these conversations, the defendant had asked Wemette if he knew about “the Peterson boys,” stating that it was a very famous case. The defendant told Wemette that he picked up the three boys hitchhiking and took them to the Idle Hours Stable. According to Wemette, the defendant told him that he sent the two older boys away and took the younger boy into a room, where he performed oral sex on the boy. When he finished, the other two boys walked in and threatened to call the police or their parents. The defendant told Wemette that he called his brother, Curt, for assistance. The defendant further stated that Curt injured one of the boys with a blunt instrument and then helped him choke the boys. The defendant told Wemette that, in order to avoid getting caught by the police, he had moved to the south side of Chicago and that someone had burned down the Idle Hours Stable for him. On cross-examination, Wemette admitted that he had been a paid informant for the Federal Bureau of Investigations from 1971 through 1989. He testified that he provided information to the government in the defendant’s case and stated that he was reimbursed for expenses and was also given a “reward,” but he could not remember the exact amount.

Joe Plemmons testified that he began leasing part of the Sky High Stables from the defendant in 1972 and became good friends with him during that time.

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Bluebook (online)
815 N.E.2d 848, 352 Ill. App. 3d 40, 287 Ill. Dec. 204, 2004 Ill. App. LEXIS 980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hansen-illappct-2004.