People v. Jones

899 N.E.2d 328, 386 Ill. App. 3d 665, 2008 Ill. App. LEXIS 5680, 326 Ill. Dec. 111
Appellate Court of Illinois·Decided November 7, 2008·No. 3-07-0006·Published·Cited by 4 cases

Opinion

JUSTICE LYTTON

delivered the opinion of the court:

Defendant, Shone Jones, was charged with a 13-count indictment. Defendant’s attorney requested a hearing to determine defendant’s fitness to stand trial. A jury found defendant fit, and defendant’s case proceeded to trial. After all of the evidence had been presented at trial, defense counsel moved for a mistrial so that defendant could be examined for fitness. The trial court denied the motion. Defendant was found guilty of 11 of the charges against him and was sentenced to 25 years in prison. On appeal, defendant argues that the trial court erred in finding him fit to stand trial and denying his motion for a mistrial. We reverse and remand.

BACKGROUND

In April, 2005, defendant was charged with four counts of armed violence, three counts of aggravated discharge of a firearm, three counts of aggravated unlawful restraint, one count of unlawful possession by a felon, one count of criminal damage to property, and one count of unlawful possession of a controlled substance. In June 2005, defendant’s attorney, Thomas Iben, asked that defendant undergo a psychiatric evaluation.

On August 3, 2005, defendant wrote a handwritten note to the trial judge alleging that Iben violated his sixth amendment rights. The trial judge construed the note to be a motion for new counsel and scheduled a hearing on the motion. On August 9, 22, and 23, 2005, defendant submitted handwritten correspondence to the court in which he alleged that the State filed fabricated and fraudulent documents, that Iben was working against him, that Iben and the assistant State’s Attorney, Joseph Bembenek, committed misconduct, and that the court was practicing “illegal justice.”

On August 26, 2005, the trial court held a hearing on defendant’s motion for new counsel. At that hearing, defendant accused Iben of violating his constitutional rights. The trial court granted defendant’s request for new counsel. Hugh Toner was appointed as defendant’s new counsel.

On September 21, 2005, the trial court received three more handwritten letters from defendant. In those letters, defendant accused Iben of being involved in a conspiracy with the State and accused Judge Galley of professional violations. On September 28, 2005, Toner filed a motion to require defendant to undergo a psychological examination. During the hearing on that motion, defendant disrupted the court and was warned that the hearing would be held without him if he continued to be disruptive.

On October 6 and 9, 2005, defendant sent nine more letters to the trial court, alleging that Judge Galley, Judge Shore, Toner and Bembenek all committed constitutional and/or ethical violations. He claimed that all of the attorneys and judges were against him. From October 12 to November 10, 2005, defendant sent eight more letters to the court, accusing the circuit clerk’s office of assisting the State in criminal acts and alleged that the State and police were involved in a conspiracy against him.

On November 28, 2005, Toner notified the court that defendant was not cooperating with him regarding the psychological evaluation. At that time, the trial court admonished defendant that he should cease writing letters to the court. Defendant said he understood.

On December 9 and 13, 2005, defendant sent five more letters to the trial court, alleging that Judge Galley, Bembenek, Iben and Toner all defrauded the court and displayed “a pattern of misconduct.” On December 14, 2005, defendant sent a handwritten motion to suppress evidence along with a handwritten letter to the clerk of the court. In his letter, defendant alleged that “something *** wasn’t right about [the] court reporter who was at my hearing Dec. 7, 2005. Her fingers wasn’t moving like they suppose too [sic].”

On December 21, 2005, Toner notified the court in writing that he believed there was a bona fide doubt as to defendant’s fitness and requested a hearing before a jury to determine if defendant was fit to stand trial. From December 28, 2005, to February 9, 2006, defendant sent several more letters to the trial court. In those letters, he alleged that Bembenek framed him, that Toner was not effectively representing him and that police officers involved in his case falsified documents and lied to the grand jury.

On February 17, 2006, Toner requested that defendant be appointed a separate attorney to represent him during the fitness hearing. The trial court granted the request and entered an order stating: “Court finds bona fide doubt as to Defendant’s fitness.” Marcia Straub was appointed to represent defendant at the fitness hearing. From March 24 to May 15, 2005, defendant sent several more handwritten letters to the court, alleging that “everybody in this case has been showing bias against me.”

On June 20, 2006, a hearing in front of a jury to determine defendant’s fitness to stand trial began. The State and defense counsel stipulated that all of the letters defendant filed with the court between August 9, 2005, and December 14, 2005, would be considered by the jury as evidence.

The State’s only witness was Dr. Sohee Lee, an expert in the field of psychiatry. Dr. Lee attempted to interview defendant on two different occasions. On the first occasion, defendant told Dr. Lee that he did not want to talk to him because he would “just make a story and try to turn me as a crazy person and put me away to the crazy house.” On the second occasion, defendant refused to say anything to Dr. Lee.

Dr. Lee reviewed the police reports, grand jury transcript and correspondence that defendant sent to the court and concluded that defendant was probably suffering from a grandiose and persecutory type of delusional disorder. According to Dr. Lee, defendant believes he was falsely accused and illegally detained and that the entire court system is trying to punish him. Dr. Lee saw evidence of this from the police report and defendant’s letters.

Dr. Lee also concluded that defendant has false beliefs and misinterprets reality, such as his belief that the court reporter was “acting funny.” Because of defendant’s delusions, Dr. Lee thought that defendant would not be able to comprehend the charges against him or cooperate with his defense attorney. Dr. Lee testified that there was a substantial probability that defendant would attain fitness within one year if he was properly medicated.

Defendant presented himself as his only witness. Defendant’s jaw was wired shut, so he responded to questions in writing. He was able to identify his current and former attorneys, as well as the current and former judges in his case. He knew that he was charged with 13 counts and said that he was able to understand the charges against him. He testified that he told Dr. Lee that he did not want to talk because he “didn’t need no examination to beat the case.”

The jury found defendant fit to stand trial, and the trial court entered an order reflecting the jury’s decision. On June 30, 2006, Toner filed a notice of intent to rely on the defense of insanity in defendant’s trial. The trial court appointed Dr.

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People v. Jones, 899 N.E.2d 328, 386 Ill. App. 3d 665, 2008 Ill. App. LEXIS 5680, 326 Ill. Dec. 111 (Ill. Ct. App. 2008).

899 N.E.2d 328 (People v. Jones) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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