People v. Horne

617 N.E.2d 240, 247 Ill. App. 3d 192, 187 Ill. Dec. 32, 1993 Ill. App. LEXIS 699
CourtAppellate Court of Illinois
DecidedMay 18, 1993
DocketNo. 1—91—2721
StatusPublished
Cited by5 cases

This text of 617 N.E.2d 240 (People v. Horne) 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. Horne, 617 N.E.2d 240, 247 Ill. App. 3d 192, 187 Ill. Dec. 32, 1993 Ill. App. LEXIS 699 (Ill. Ct. App. 1993).

Opinion

JUSTICE SCARIANO

delivered the opinion of the court:

On January 29, 1987, defendant, his mother Ruby Horne, his sister Vivian Jackson, and Vivian’s daughter Tania Jackson were all living together at 7449 South Ingleside in the City of Chicago. At approximately 2:30 a.m that morning, Vivian was awakened by her mother, who was complaining that defendant was pestering her to give him some cigarettes. Vivian told Ruby to go back to sleep and lock her bedroom door. About an hour and a half later, however, Vivian once again was awakened by her mother’s beckoning. When she proceeded into Ruby’s room to investigate, she saw Ruby lying on the floor with a stab wound in her back and defendant standing next to her with a butcher knife in his hand. Vivian asked defendant what had happened, but he said nothing and quickly left the room. Eventually, defendant dressed and left the house, telling Vivian that she should “take care of mama.” In the meantime, Vivian had Tania call the police, who transported Ruby by ambulance to Bernard Mitchell Hospital, where she died later that morning from the stab wound.

After stabbing his mother, defendant walked to the home of Jack Brown, a neighbor and friend of the family. When defendant arrived, Brown was conversing on the telephone with defendant’s brother, Douglas Horne, who informed him of the stabbing. When Brown asked defendant about what had happened, defendant did not respond to his questions. Brown later went to the hospital without defendant where he was prevailed upon by police officers to bring defendant to the hospital. Brown eventually coaxed defendant into accompanying him to the hospital.

At about 9:30 a.m., defendant was taken into custody at the hospital by Chicago police officers Armando Calan, Joseph Sfehlik and John McMurray. Officer Sfehlik read defendant his Miranda rights, and defendant responded “yes” when asked if he understood each right. Defendant was later transported to the 21st police district, where Officer McMurray asked him several follow-up questions in order to complete his arrest report. Defendant was also questioned after being read his Miranda rights by Detectives O’Leary and Redmond.

Defendant was then interviewed by Assistant State’s Attorneys Lori Levin and David Cuomo, and after Levin advised defendant who she was and again read to him his Miranda rights, he indicated that he wanted to talk to her about his mother’s death. Levin reduced defendant’s statement to writing, read it back to him, and had defendant sign it and initial each page. In that statement, defendant related that he awoke in the middle of the night and wanted a cigarette. When he went to his mother’s bedroom and obtained one, however, she told him that he smoked too much and took it away from him. While he was “fumin [sic]” with her, he asked her if he could at least smoke one half of a cigarette. At that point, Ruby yelled for Vivian and threatened to call the police. Defendant stepped on the phone to prevent her from making the call, and while doing so, he noticed a knife on the floor. He then saw his mother reach for the knife, so he grabbed it away from her, but it somehow fell to the ground; Ruby fell on top of it and rolled around. Vivian then arrived, and defendant, without explaining how it got into his hand, took the knife in the kitchen, wiped it off, and placed it in the drawer where it belonged. He then left the house in order to “get his head together.”

Defendant was indicted for two counts of murder and one count of armed violence, but on May 15, 1987, Matthew S. Marcos, M.D., a staff psychiatrist at the Psychiatric Institute of the circuit court of Cook County, determined that defendant was unfit to stand trial. Accordingly, he was placed in the custody of the Illinois Department of Mental Health and Developmental Disabilities. Subsequently, on August 27, 1987, and February 25, 1988, defendant was found to be fit for trial.

Defendant raised the defense of insanity, and the following evidence on that issue was adduced at trial. Vivian, who was called by the State, testified that defendant was hospitalized in 1987 for psychiatric problems which would often include altercations with their mother. She stated that defendant was supposed to take medication, and when he would do so, he remained quiet and generally stayed in his room; but because he did not think he was ill, defendant would often refuse to take his medicine. When that occurred, she testified, defendant would deteriorate and manifest the following symptoms: (1) he would consistently bother others in the house for cigarettes; (2) he would watch television intently even though it was not turned on; (3) he would collect water and his urine in bottles in preparation for a lawsuit charging the city with contaminating the water; and (4) he would bathe up to four times a day. Vivian related, however, that defendant was staying in his room and acting as if he were taking his medicine the week prior to the homicide, and her daughter Tania corroborated this statement.

Officer McMurray testified that when he interviewed defendant, he understood the questions, gave responsive answers thereto, was cooperative, and exhibited no unusual behavior.

After the State rested, defendant offered the expert testimony of Glenn Prentice, M.D., a psychiatrist in private practice who was retained by defendant to evaluate him on May 7, 1988. Dr. Prentice based his evaluation on interviews with defendant’s family, the police reports related to this case, and defendant’s mental health records regarding his previous hospitalizations; he did not, however, ask defendant any detailed questions about the stabbing. He testified on direct examination that defendant had been suffering from schizophrenia, disorganized type, since at least December 1978, the date of his first hospitalization. Dr. Prentice opined that because of his illness, defendant was unable at the time of the homicide to conform his conduct to the requirements of the law, although he did admit that defendant knew it was wrong to murder someone. He based his opinion that defendant was insane at the time of the offense on his interview with defendant, defendant’s history of severe mental illness which included assaultive behavior, his writing of religious letters full of obscenities around the time of the incident, and his relation of a story to his brother the day before the murder about selling a building for $25,000. Dr. Prentice conceded on cross-examination, however, that although defendant’s actions subsequent to the crime did not necessarily mean that he was sane, defendant’s wiping off of the knife and fleeing the scene of the crime were “goal-directed.” He also testified that he was unaware that defendant was acting as if he were taking his medication the week prior to the homicide.

Defendant next called to the stand Warner Teteur, M.D., a forensic psychiatrist with extensive experience in evaluating persons charged with crimes, for both the State and the accused, in order to determine their sanity. Dr. Teteur examined defendant on October 7, 1987, and on April 17, 1990. In evaluating defendant, Dr. Teteur relied on those interviews, defendant’s hospital records, the police reports, and his notes of interviews with defendant’s family and friends. He opined that defendant had been suffering from schizophrenia, paranoid type — as opposed to disorganized type, a significantly more serious disorder — since at least December of 1978.

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Cite This Page — Counsel Stack

Bluebook (online)
617 N.E.2d 240, 247 Ill. App. 3d 192, 187 Ill. Dec. 32, 1993 Ill. App. LEXIS 699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-horne-illappct-1993.