People v. Kluxdal

586 N.E.2d 701, 225 Ill. App. 3d 217, 166 Ill. Dec. 743, 1991 Ill. App. LEXIS 2248
CourtAppellate Court of Illinois
DecidedDecember 31, 1991
Docket1-89-0421
StatusPublished
Cited by25 cases

This text of 586 N.E.2d 701 (People v. Kluxdal) 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. Kluxdal, 586 N.E.2d 701, 225 Ill. App. 3d 217, 166 Ill. Dec. 743, 1991 Ill. App. LEXIS 2248 (Ill. Ct. App. 1991).

Opinion

JUSTICE HARTMAN

delivered the opinion of the court:

Following a bench trial, defendant, Thomas Kluxdal, was convicted of murdering his wife, Beth Kluxdal (Beth), and his mother-in-law, Muriel Dawson (Muriel). (Ill. Rev. Stat. 1985, ch. 38, par. 9—1(a).) Defendant was sentenced to natural life in custody of the Department of Corrections. He argues on appeal that (1) an incorrect standard of proof was used in evaluating his defense of insanity; (2) the finding of his sanity was against the manifest weight of the evidence; (3) his cross-examination of the State’s expert was improperly restricted; (4) he was not proved guilty beyond a reasonable doubt of murdering Muriel; (5) he should have been found guilty but mentally ill; (6) the guilty but mentally ill statute is unconstitutional; and (7) his sentence is excessive. We reverse and remand for a new trial, for reasons which follow.

Daniel Todd, Beth’s ex-husband, testified that he, his son Ryan, Beth, and Muriel were all inside Beth’s apartment in Elgin, Illinois, on the afternoon of January 13, 1987. Beth opened the front door in response to the doorbell, and defendant entered with a gun in his right hand, which was pointed skyward. Defendant approached Beth repeating “now you’re going to pay.” Beth screamed “please Tom— don’t hurt me,” and Todd tried to calm defendant. Defendant ordered Todd to remain seated and told Beth and Muriel to go into a back bedroom. Todd heard both women screaming and begging not to be shot; he also heard some mention of money, to which Beth responded “please forgive me for that.” Three shots were fired, and defendant walked out of the bedroom and left the apartment. Todd went into the bedroom and saw Beth and Muriel lying on the bed.

The autopsies of the victims showed that Beth had sustained three gunshot wounds; two bullets were recovered from her body. One bullet was removed from Muriel’s body, which had passed through Beth’s body. Both women died as a result of hemorrhagic shock.

Elsie Acevedo, an employee of Home Federal Savings & Loan (Home Federal) in Elgin, testified that she spoke with defendant at the bank on January 12, 1987, when he inquired about some bounced checks, and she told him that his wife had closed out their account. Defendant appeared very upset, and Acevedo asked her supervisor to talk to him. Before he left, defendant said he would “blow [his wife’s] brains out.”

Gloria Avilas, another employee of Home Federal, testified that she saw defendant in the bank on both January 12 and 13. On January 13, Avilas explained to defendant that his wife had been allowed to close out his account because she was on the signature card and had the right to withdraw funds. Defendant appeared nervous and upset; he mentioned his divorce and said that he was going to “get” his wife for what she had done.

Defendant’s friend, Edward Taylor, was at the Elgin police department on January 13 to report vandalism of his automobile. He saw defendant enter the station and asked him why he was there; defendant responded “you’re never going to believe this *** I just shot my wife.” When Taylor asked if she was hurt, defendant replied “I hope so.” He was arrested shortly thereafter.

The State rested, and defendant’s motion for a finding was denied.

Defendant testified that on the morning of January 13, 1987, he picked up his 16-month-old daughter, Katie, from Beth’s apartment for his scheduled visitation. Around 4 p.m. he gathered some items to return to Beth, including a copy of a check written by Beth to close out their account at Home Federal, and several pieces of Tupperware. He placed these items in a paper bag and put his gun inside the largest Tupperware container. Defendant believed that his wife would be forced to speak with him if he had the gun.

Defendant drove to his wife’s apartment with Katie and the paper bag. He left his daughter in the car and carried the bag to the door. Beth opened the door, and defendant showed her the copy of the check, which he pulled from the bag. Defendant then drew the gun and walked into the apartment with his arm pointed skyward. He saw Todd and told him to stay seated. Beth and Muriel went into the bedroom, closed the door and held it shut, but defendant was able to push it open. Beth was dialing the telephone, but dropped it when defendant ordered her to do so. Defendant began to question Beth about some disputed items, including a television, the check, a silver dollar and the Tupperware. During this confrontation, Muriel became more and more angry and tried to talk to defendant. Beth said “I’m going to make sure that you never see your daughter again,” and Muriel echoed that sentiment. At that point, defendant said that he “snapped” and “just shot.” After firing three shots, defendant said that “[i]t was like I came out of a stupor.” After a few seconds, he walked out of the bedroom and exited the apartment. Todd spoke to him, but he did not respond.

Defendant reentered his car and placed the gun on the floor behind his seat. He drove to his sister’s house, where he left Katie. He unloaded his gun and walked to the police station, where he saw Taylor in the lobby. Defendant declared that he had shot his wife. Taylor asked if she was all right and defendant replied “I hope so.” He was immediately arrested.

Defendant said that he had gone to Home Federal on January 8, 1987, and learned on that day that Beth had withdrawn all the money in their account. He tried to discuss the matter with Beth, but she said “talk to my lawyer.” On January 12, defendant made a deposit and talked to Acevedo; she gave defendant a copy of the check Beth had written. Defendant was unemployed and said that money had been a point of contention between him and Beth.

During cross-examination, defendant defined “stupor” as “a state where you don’t know what you’re doing.” He claimed that he went into the stupor the moment that Beth and Muriel made the statement about his daughter, and remained in that state for five to seven seconds. He experienced a similar stupor when he was talking to the bank personnel on the day prior to the shooting.

Dr. Carmen Ciatteo, a board-certified psychiatrist, testified that he studied the police report, various psychological reports, and examined defendant for 90 minutes following his incarceration. He said that defendant’s life was based on control, and that prior to the shooting, defendant had been losing control of himself and his environment. On the day of the shooting, defendant was suffering from an obsessive compulsive personality disorder, which generally is a lifelong condition. Evidence of this condition was defendant’s penchant for argument, monotone voice, lack of close friends, and general distrust of others. His obsessive compulsive personality interfered with his interpersonal relationships to such an extent that it constituted a mental illness. This caused defendant to “lose control of his cognizance” on January 13, when the remark about his daughter was made. The stressors in defendant’s life, including his divorce, unemployment, and financial situation, weakened his ability to cope with stress. If defendant had not been suffering from an obsessive compulsive personality disorder, the stressors “would not have led to the tragic action that was allegedly taken.”

On cross-examination, Dr.

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Bluebook (online)
586 N.E.2d 701, 225 Ill. App. 3d 217, 166 Ill. Dec. 743, 1991 Ill. App. LEXIS 2248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kluxdal-illappct-1991.