People v. Hoots

592 N.E.2d 483, 228 Ill. App. 3d 42, 170 Ill. Dec. 47, 1992 Ill. App. LEXIS 525
CourtAppellate Court of Illinois
DecidedMarch 31, 1992
Docket1-88-3423
StatusPublished
Cited by11 cases

This text of 592 N.E.2d 483 (People v. Hoots) 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. Hoots, 592 N.E.2d 483, 228 Ill. App. 3d 42, 170 Ill. Dec. 47, 1992 Ill. App. LEXIS 525 (Ill. Ct. App. 1992).

Opinion

PRESIDING JUSTICE HARTMAN

delivered the opinion of the court:

Following a bench trial, defendant, Larry Hoots, was convicted of murdering his girl friend, Joan Brady (Ill. Rev. Stat. 1985, ch. 38, par. 9 — l(aXl)), and sentenced to 27 years in custody of the Illinois Department of Corrections. He argues on appeal that (1) the finding of guilty but mentally ill, as opposed to insane, was against the manifest weight of the evidence; and (2) the court used an incorrect standard of proof in evaluating his insanity defense. We affirm, for reasons which follow.

Because defendant’s mental condition was at issue, a lengthier account of trial evidence must be set forth for a complete understanding of this case. Thomas Patrick Brady, Joan’s son, testified that he lived with Joan, his sister and younger brother. Defendant visited their home a few times per week. Joan dated defendant for approximately one year. In January 1986, she indicated that she did not want to continue her relationship with defendant. He heard her tell defendant that she wanted to have cosmetic surgery, which defendant opposed, and did not want to see him for the eight-week recovery period. On April 14, 1986, by telephone, Joan told defendant twice that she did not want to see him. At 10:15 p.m. on Tuesday, April 15, when Thomas arrived home, he saw defendant’s car parked in back. All house lights were off. Although defendant had stayed over on a front room couch three to five other times, it was unusual for a Tuesday night, because Joan had to awaken early for work the next day.

Thomas entered the kitchen, turned on the light and noticed an empty survival knife sheath on the counter, which was normally kept with the knife in a drawer. Joan, who had been sleeping, entered the kitchen. She then spoke to defendant, who she then learned was in the front room. He falsely denied taking the knife. Thomas, who was concerned about the missing knife, listened from the porch, watching television. Joan scolded defendant, telling him to stop acting like a baby. At some point, defendant returned the knife to the victim, who put it in a drawer. After 45 minutes, Thomas went to bed in the basement. His sister, Colleen, was asleep upstairs, and his younger brother was away at college. He heard no more conversation.

Thomas awoke to find State Troopers and Chicago police in the dining room area. He reentered the front room and found Joan lying in a pool of blood at the bottom of the steps leading upstairs. A trail of blood led from the front room couch to her body. He gave the police two statements, informing them that defendant was possessive and jealous. He noticed nothing unusual about defendant’s behavior and never saw him go into a trance-like state.

Hlinois State Trooper William Atkins testified that on April 16 at about 1:45 a.m. he saw defendant, through closed circuit television, enter the district headquarters at Harlem and Irving Park in Chicago. Defendant walked around in the lobby, went back to the entrance doors and struck them twice, and eventually proceeded up the stairs to the second floor where Officer Atkins was located. Defendant opened the office door and asked for help. Defendant then twice informed Officer Atkins “I think I’ve killed my girl friend.” Defendant was handcuffed. The officer noticed that defendant’s left hand was “tacky,” “sticky” and “covered in blood.” Defendant revealed his girl friend’s address and was turned over to Chicago police. Officer Atkins described defendant as confused and a “wandering type.” He responded to questions, but was quiet and hung his head down. Defendant had no trouble understanding or carrying out the officer’s instructions. There was an odor of alcohol on his breath; however, he did not appear to be intoxicated.

Chicago police officer Phillip White testified that on April 16, he went to State Police headquarters and received a prisoner from Officer Atkins, whom he transported to the Area Five police station. He recalled nothing unusual about the prisoner.

Chicago police officer Rutkowski, after having been given the address of the victim, investigated the scene of the occurrence. Upon ringing the doorbell and receiving no response, he entered the house through the rear door, which was open. No lights were on. He found Joan’s body in a hallway.

Chicago police officer Alfred Klaser, assigned to the Chicago police crime laboratory for 21 years, asserted that at 2 a.m. he arrived at the scene. He observed a stab wound which lacerated the right side of the victim’s neck. She was lying in a large pool of blood. Blood was found on the living room couch, carpet and inner handle of the exterior storm door. He recovered a brown-handled knife, on which the victim’s blood was found, from the living room area carpet. 1

After processing the crime scene, Officer Klaser went to the State Police station, where defendant was arrested. He examined defendant’s red Ford station wagon in the parking lot and found blood on the steering wheel. Next, he proceeded to the Area Five violent crime unit, where he photographed defendant, whom the officer identified in court. Defendant agreed to being photographed. Defendant, when asked, was able to move his watch up his arm and turn his hands front and back. He took blood samples from defendant’s hands, for crime lab analysis. These samples later were found to contain the victim’s blood.

Assistant State’s Attorney (ASA) Margaret Anne Glass, assigned to the felony review unit, testified that she spoke to defendant at the Area Five station after speaking to Thomas, his sister Colleen and Officer Atkins. Detective Allen Jaglowski was present. Defendant was given and understood each of his Miranda rights, but requested that the detective leave before he would give a statement; the detective complied.

Defendant told ASA Glass that he knew and loved Joan for about one year before she was stabbed to death. He asked her to marry him around Christmas, but the timing was not right due to her commitments to her sons, who were still in college. Defendant assumed that they planned to marry. On the night of the incident, defendant had five to six beers in a tavern and then went to the victim’s home. He parked in the back as usual, entered through the back door, went into a kitchen drawer and removed a knife from its sheath. He left the sheath on a counter and went to the front room, where he sat alone on the couch. Shortly thereafter, Thomas arrived home. Defendant later returned the knife to the victim after admitting he had it. Defendant did not know why he went to the house that evening or why he took the knife into the living room with him.

The victim entered the living room and sat on the couch next to him. His drinking upset her. She previously had told him not to take nerve pills, which he stopped taking after she helped him through a depressing time. While he was in the military in Thailand he smoked marijuana once, but never abused liquor or drugs. Joan told him he could not stay there that night. He left through the back door and walked around the house. The victim let him in the front door, but again she told him he could not stay. On the morning of April 16, defendant left the house and got in his car, intending to go home. As he was driving he became aware of blood, fresh and wet, on his hands. He drove to a State Police station, where he was arrested.

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Cite This Page — Counsel Stack

Bluebook (online)
592 N.E.2d 483, 228 Ill. App. 3d 42, 170 Ill. Dec. 47, 1992 Ill. App. LEXIS 525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hoots-illappct-1992.