People v. Hendricks

495 N.E.2d 85, 145 Ill. App. 3d 71, 99 Ill. Dec. 20, 1986 Ill. App. LEXIS 2455
CourtAppellate Court of Illinois
DecidedJune 19, 1986
Docket4-85-0141
StatusPublished
Cited by25 cases

This text of 495 N.E.2d 85 (People v. Hendricks) 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. Hendricks, 495 N.E.2d 85, 145 Ill. App. 3d 71, 99 Ill. Dec. 20, 1986 Ill. App. LEXIS 2455 (Ill. Ct. App. 1986).

Opinion

JUSTICE MORTHLAND

delivered the opinion of the court:

A jury found defendant guilty of the murders of his wife and three children. (Ill. Rev. Stat. 1983, ch. 38, par. 9 — 1.) The trial court sentenced him to four consecutive terms of natural-life imprisonment and imposed a fine and costs. Defendant appeals his conviction and sentence. We affirm.

Defendant argues that he was not proved guilty beyond a reasonable doubt and that the trial court erred in: denying his motions for directed verdict; ruling that prior acts evidence was probative of motive; admitting motive evidence, the- prejudicial effect of which outweighed its probative value; failing to sequester the jury; taking judicial notice that the IBM/PC is a standard business machine; ruling that the State’s specific-motive theory was not discoverable; denying defendant’s motion to suppress his prearrest statements; and restricting cross-examination of witnesses. Finally, defendant argues that the trial judge was biased against him and the sentence imposed constituted cruel and unusual punishment.

During the late evening hours of November 8, 1983, police officers discovered the bodies of Susan, Rebekah, Grace, and Benjamin Hendricks. All, but Rebekah, had sustained multiple injuries to the head, neck, and upper torso, causing near instantaneous death. Rebekah had sustained a single skull fracture. Police officers found the children’s bodies in the southwest bedroom. Rebekah was in one bed; Grace and Benjamin in the other. The beds were 22 inches apart. Officers found Susan’s body in the master-bedroom bed, with the bed clothing pulled down around her shoulders. None of the victims, who were dressed in pajamas or nightgowns, bore evidence of defensive wounds. On December 5, 1983, informations issued alleging David Hendricks, defendant, knowingly or intentionally caused the victims’ deaths. Susan was defendant’s wife. Rebekah, Grace, and Benjamin were his children. On December 27, 1983, the informations were nolprossed and replaced with indictments.

Defendant and Susan were married in 1973, shortly after defendant received his associate’s degree in orthotics and prosthetics, the study of the fabrication and fitting of artificial body supports and limbs. Susan and defendant were members of a nondenominational religion, the Plymouth Brethren. In 1982, defendant moved to 313 Carl Drive in Bloomington. Defendant’s orthotics and prosthetics practice prospered. He developed and patented his own brace, the cruciform anterior spinal hyperextension (CASH) orthosis. In November 1981, defendant sold the patient care and fitting portion of the business to Edward Roman, telling employees that he was selling the patient-care portion of the business so that he could spend more time with his family. The offices of the patient-care portion of defendant’s business were located a few blocks away from his Bloomington home and contained a laboratory and fitting rooms. Defendant had keys to this office and used its facilities for product development.

In November 1981, defendant started a new business, CASH Manufacturing, which he incorporated. He and his office manager, Beverly Crutcher, were its principal employees. Crutcher testified that she processed orders for the brace, which was sold mail order, and provided secretarial and bookkeeping skills. On November 3, 1983, defendant told Crutcher that he was going to make a sales trip to central Wisconsin and north-central Illinois. He and Crutcher compiled a list of prospective clients from telephone books and old client order forms. Crutcher gave the list to defendant either on Monday, November 7, 1983, or on Friday, November 4, 1983. On Monday, defendant told Crutcher that he was going to leave at midnight and drive straight through, calling on customers in the morning. This was the only time Crutcher could remember defendant informing her specifically of his proposed departure time. However, defendant had indicated before that he left at night. Defendant flew if the trip were to a metropolitan area or if the drive would take longer than eight hours.

Defendant left the office at approximately 4 p.m. He had previously agreed to babysit while Susan attended a baby shower in Delavan, about 35 miles west of Bloomington. Defendant called the children in from playing at approximately 5:30 p.m. Defendant stated that after he arrived home, he worked on his motorcycle, readying it for winter storage. He then rode his motorcycle to his airplane hangar and jogged home. Susan left between 5:50 p.m. and 6 p.m.

Defendant and the children arrived at Chuck E. Cheese Pizza Time Theater at 6:30 p.m. and ordered a medium vegetarian pizza and a pitcher of root beer. The pizza would have been built, baked, and ready for consumption within 10 to 15 minutes. A medium vegetarian pizza is cut into 10 slices. It consists of dough topped with cheese, sliced mushrooms, green pepper, olives, tomato, diced onions, and sauce.

The restaurant provides a play area which contains an airbounce pillow, rope slide, video games, rides, and a playhouse, a room filled with balls. Generally, children who are under 4 feet 6 inches tall may enter playland upon payment of five tokens. Ordinarily, employees stamp children’s hands with cartoon characters, once they have paid the admission price.

Defendant provides the only testimony about his and the children’s activities on November 7. The children all entered playland, vigorously using the equipment. Defendant observed them, then watched television until picking up the pizza at 7 p.m. He remembered thinking the pizza took a long time to bake. They ate between 7 p.m. and 7:15 p.m. Defendant ate one piece; the children consumed the balance and drank root beer. The children ate very quickly; then, they returned to playland. Defendant watched television and the children until 7:30 p.m., when he told them it was time to leave. They wanted to continue playing. Therefore, he left them in the play area while he left the pizza parlor and put gasoline in his car. He returned to the pizza parlor at 7:50 p.m., stating that he rushed the children out to the car.

He and the children rushed to the bookmobile located at Carl Drive and Wellington Way. The children selected books while he helped the attendant fill out a card request for Benjamin. Defendant and the children left the bookmobile between 8:15 p.m. and 8:30 p.m. They played two rounds of hide and seek for 20 minutes before going to bed between 9 p.m. and 9:30 p.m. Defendant then read to the children for 15 to 30 minutes. The bookmobile attendant stated defendant and the children left between 8:10 p.m. and 8:15 p.m. Defendant testified further that Susan returned at 10:30 p.m. After talking to her for approximately 20 minutes, he left. It was then 11 p.m. or shortly thereafter. Defendant admitted, however, that it was possible he told Detective Crowe that Susan had arrived home at 10:45 p.m. and that he had talked to her for an hour.

Rodney Blair, foster son of Robert and Debbie Phillips and defendant’s next door neighbor, testified that soon after 9 p.m. on November 7, he walked outside to Jeffrey Monahan’s truck, which was parked in the driveway. He saw defendant, in his car, backing out of his driveway and onto Carl Drive. Defendant, who was alone in the car, proceeded north, turning onto Wellington Way. Jeffrey Monahan, corroborated Blair’s statement.

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Cite This Page — Counsel Stack

Bluebook (online)
495 N.E.2d 85, 145 Ill. App. 3d 71, 99 Ill. Dec. 20, 1986 Ill. App. LEXIS 2455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hendricks-illappct-1986.