People v. Kneller

579 N.E.2d 1218, 219 Ill. App. 3d 834, 162 Ill. Dec. 404, 1991 Ill. App. LEXIS 1687
CourtAppellate Court of Illinois
DecidedOctober 3, 1991
Docket2-89-0834
StatusPublished
Cited by6 cases

This text of 579 N.E.2d 1218 (People v. Kneller) 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. Kneller, 579 N.E.2d 1218, 219 Ill. App. 3d 834, 162 Ill. Dec. 404, 1991 Ill. App. LEXIS 1687 (Ill. Ct. App. 1991).

Opinion

JUSTICE WOODWARD

delivered the opinion of the court:

Following a jury trial, the defendant, Dennis Kneller, was found guilty but mentally ill of the offenses of burglary and criminal damage to property. He was sentenced to concurrent terms of 10 years for burglary and 5 years for criminal damage to property. Defendant appeals, raising the following issues: whether he was denied a fair trial due to a comment by the prosecutor during closing arguments; and whether he was denied his constitutional right to due process because the guilty but mentally ill (GBMI) instruction was given to the jury. We affirm.

The evidence at trial revealed that on December 16, 1988, at approximately 3 a.m., Rockford police responded to a possible burglary in process call. Upon arriving at the scene, police discovered the defendant in his landlord’s garage, holding a crowbar. The windows of the landlord’s 1970 Cadillac automobile had been broken. According to one of the arresting officers, defendant appeared to be intoxicated at the time of his arrest. Defendant also acted strangely, i.e., he kept repeating himself, stating he had not been in the garage and made nonsensical statements which were unrelated to what was happening.

Dr. Donald Pearson, a registered psychologist, appointed by the court to examine defendant, testified on his behalf. He conducted an examination of the defendant in two sessions which lasted a total of five hours on March 16, 1989. The examination consisted of gathering information from the defendant as to his background and the administration of various tests. In addition, Dr. Pearson also reviewed records of defendant’s prior hospitalizations, as well as his criminal history.

According to Dr. Pearson, defendant related that he had been separated from his natural mother at an early age and was later adopted. Prior to the adoption, he had been in foster homes; between the ages of three and four, he had been sexually abused. Dr. Pearson described post-traumatic stress disorder, which is classified as a mental disorder or defect which can be triggered by sexual abuse. Among the symptoms of post-traumatic stress disorder are difficulty sleeping, problems with identity, proclivity to explosive reactions and detachment from other people. From a review of defendant’s history, Dr. Pearson believed that defendant was suffering from post-traumatic stress disorder at the time he committed the instant offenses.

Dr. Pearson then testified as to the various tests he administered to the defendant and the results of those tests. The doctor noted that defendant was able to communicate well but that that did not mean that he was not suffering from a severe medical disorder. Dr. Pearson concluded that the defendant was not malingering but showed some qualities indicating he was histrionic. He noted that, while he had found the defendant fit to stand trial although he was suffering from mental disorders, defendant could still have been legally insane at the time of the instant offense.

Dr. Pearson opined that at the time of the instant offense defendant was suffering from an alcoholic substance dependency, an organic effective disorder, as well as a mixed personality disorder, which in this case consisted of antisocial, histrionic and passive-aggressive traits. It was Dr. Pearson’s impression that there was a very strong likelihood that the defendant had undergone a post-traumatic stress disorder. One of the manifestations caused by defendant’s organic effective disorder was an amnesiac reaction. The organic effective disorder is characterized by a deterioration of behavior, or, as in defendant’s case, through the injection of a toxic substance, such as alcohol. Moreover, defendant’s use of alcohol aggravated his negative personality traits.

Dr. Pearson concluded that at the time he committed the instant offense defendant was not able to appreciate the consequences of his actions or the behavior he was displaying or to control them.

On cross-examination, Dr. Pearson testified that the best way to determine an organic disorder was through a physical examination or a lab test, none of which he performed on the defendant. The basis or foundation for his opinion was defendant’s alcohol use. There was no independent verification of defendant’s statements as to his use of alcohol. While defendant told Dr. Pearson he was never married, in fact, he was divorced and had several children both in and out of wedlock. According to Dr. Pearson, this would be a reflection of organic deterioration which is similar to what is seen in Alzheimer sufferers and reflects the organic disorder condition defendant suffered from when he committed the instant offenses. Dr. Pearson was of the opinion that, absent the organic disorder, defendant would not have reacted by damaging his landlord’s property. He admitted, however, that there were no physical or psychological test results corroborating his finding and that he was the first to make this diagnosis.

Dr. Fredrick McNelly, a registered clinical psychologist, testified in rebuttal for the State. He had conducted examinations of the defendant in December 1983, October 1985 and September 1987.

Dr. McNelly testified that in October 1985 he administered a Graham Kindell test to the defendant which was designed to determine the existence of an organic problem, i.e., some type of brain damage or disfunction. Defendant performed the test perfectly twice, and in conjunction with other tests given and other records, Dr. McNelly concluded that there were no signs of psychoneurological or neurological damage or disfunction.

Dr. McNelly again saw the defendant in September 1987. He conducted two lengthy clinical interviews and reviewed test records from defendant’s last hospitalization at Singer Zone Center in 1986. None of the tests indicated an organic problem. None of the reports from the various psychologists and psychiatrists indicated any organic problems in the defendant.

According to Dr. McNelly, consumption of alcohol over the length of time can cause an organic problem. However, it would take many years of very significant substance abuse beyond the years of tests with normal results before one could expect organic damage. Dr. McNelly found defendant to be suffering from substance abuse, primarily drugs but also alcohol. Even given the substance abuse evident in 1987, as of that time, Dr. McNelly could find no evidence of organic damage.

On cross-examination, Dr. McNelly testified that he noticed a marked decrease in defendant’s overall level of functioning between 1983 and 1985. He acknowledged that mental disorders “go up and down.” He also acknowledged that alcohol abuse can have a deteriorating function over the brain.

On redirect examination, Dr. McNelly testified that defendant’s episodes of disorientation had nothing to do with post-traumatic stress syndrome. Dr. McNelly did not believe that defendant was suffering from post-traumatic stress syndrome, nor did any of the reports he had reviewed so indicate.

During closing arguments, the following colloquy occurred:

“MR. LOWRY (assistant State’s Attorney): Heard from Dr. McNelly, 1987, He examined the defendant. And he did what’s called a Graham Kindell test to determine if there is an organic problem.

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Cite This Page — Counsel Stack

Bluebook (online)
579 N.E.2d 1218, 219 Ill. App. 3d 834, 162 Ill. Dec. 404, 1991 Ill. App. LEXIS 1687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kneller-illappct-1991.