People v. Kupferschmidt

2022 IL App (1st) 201341-U
Appellate Court of Illinois·Decided November 10, 2022·No. 1-20-1341·Unpublished

Opinion

2022 IL App (1st) 201341-U

No. 1-20-1341

Order filed November 10, 2022

FIFTH DIVISION

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________

IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________

THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Cook County. ) v. ) No. 06 CR 13771 ) RICHARD KUPFERSCHMIDT, ) Honorable ) Arthur F. Hill Jr., Defendant-Appellant. ) Judge, presiding.

JUSTICE MITCHELL delivered the judgment of the court. Justice Cunningham and Justice Delort concurred in the judgment.

ORDER

¶1 Held: The summary dismissal of defendant’s pro se postconviction petition is affirmed where defendant did not raise an arguable claim of actual innocence.

¶2 Defendant Richard Kupferschmidt appeals from the summary dismissal of his pro se

petition for relief under the Post-Conviction Hearing Act (725 ILCS 5/122-1 et seq. (West 2020)).1

Kupferschmidt contends that he raised an arguably meritorious claim of actual innocence based

1 Defendant’s surname was spelled “Kuperschmidt” in a prior order. In this order, we adopt the spelling used throughout the record. No. 1-20-1341

on the affidavit of his mother, a co-offender, who attested that Kupferschmidt acted with an

innocent state of mind. For the following reasons, we affirm.

¶3 BACKGROUND

¶4 Kupferschmidt, his mother Janet Yurus, and two others planned to steal money from and

kill Henry Wrobel, Yurus’s elderly uncle. Pursuant to the plan, Kupferschmidt went to Wrobel’s

house with Ricardo Pabon, Israel Munoz-Gallardo, and Saul Ayala. Kupferschmidt called Wrobel

outside and engaged him in a conversation while Pabon and Munoz-Gallardo snuck into Wrobel’s

house. When Wrobel went back into the house, Pabon and Munoz-Gallardo murdered him.

¶5 Yurus was convicted of first degree murder after a jury trial in 2010. People v. Yurus, 2012

IL App (1st) 110235-U, ¶ 2. Our order affirming her conviction on direct appeal reflects that she

gave police a statement admitting that she planned to steal Wrobel’s money with Kupferschmidt.

Id. ¶¶ 17-18. Witnesses stated to police that Yurus and Kupferschmidt met to discuss plans to kill

and to rob Wrobel. Id. ¶¶ 9, 19. However, at trial, the witnesses recanted their statements, and

Yurus denied that she admitted to police that she wanted to rob Wrobel. Id. ¶ 20. Yurus was

sentenced to 32 years of imprisonment.

¶6 After his mother’s conviction, Kupferschmidt pleaded guilty to first degree murder with a

dangerous weapon in exchange for a 25-year sentence. The court accepted the above factual

account as the basis for Kupferschmidt’s guilty plea. Kupferschmidt never filed a motion to

withdraw his plea. 2

2 In 2013, Kupferschmidt filed a pro se motion for leave to file a late notice of appeal in this court. We denied the motion due to lack of jurisdiction. People v. Kuperschmidt, No. 1-13-2446 (2013) (disposition order).

-2- No. 1-20-1341

¶7 Nine years after pleading guilty, Kupferschmidt filed the instant pro se postconviction

petition, setting forth a different version of facts regarding Wrobel’s murder and subsequent

investigation: On May 2, 2001, Yurus asked him to go to Wrobel’s house because she could not

reach Wrobel by telephone. Ayala drove him, and Pabon and Munoz-Gallardo joined them on the

way.

¶8 At Wrobel’s house, Pabon and Munoz-Gallardo left the vehicle and went next door.

Kupferschmidt called Wrobel outside and asked to fix Wrobel’s phone because Yurus was trying

to contact Wrobel. Wrobel said “O.K.” and walked back into the house. Several minutes later,

Pabon and Munoz-Gallardo returned and repeatedly said, “Your mom lied, there was no fucking

money.” From those words, Kupferschmidt assumed that Pabon and Munoz-Gallardo attempted

to rob Wrobel. When they all returned home, Munoz-Gallardo told Kupferschmidt that he “better

not tell anyone.” The following day, Kupferschmidt and his mother went to Wrobel’s house, and

there, he first discovered that Wrobel was dead.

¶9 In early 2005, the police interviewed Kupferschmidt, and he denied any involvement in

Wrobel’s murder. Kupferschmidt took a lie detector test, and it indicated he was truthful. In May

2005, Kupferschmidt was arrested again. The police told him that they had new information from

Pabon and that if Kupferschmidt did not confess, Yurus would receive the death penalty or life

imprisonment. To “save” Yurus, Kupferschmidt “made up” a confession from information he

previously learned from Pabon. In support of his petition, Kupferschmidt avers that he was not

involved in planning or carrying out Wrobel’s murder and lacked prior knowledge of the plan.

-3- No. 1-20-1341

¶ 10 Yurus avers that Kupferschmidt did not know “the true intent or activity that occurred

inside” Wrobel’s home and that he confessed “in hopes of freeing” her although he was not

involved in the crime. Yurus states that she “accepts responsibility” for what happened.

¶ 11 On October 30, 2020, the circuit court summarily dismissed Kupferschmidt’s petition in a

written order, finding the issues frivolous and patently without merit. Kupferschmidt timely

appealed. Ill. S. Ct. Rs. 606, 651 (eff. July 1, 2017).

¶ 12 ANALYSIS

¶ 13 Kupferschmidt argues that the circuit court erred in summarily dismissing his

postconviction petition because he stated an arguable claim of actual innocence based on the

affidavit from Yurus. Yurus, who previously denied involvement in the crime, now avers that she

was responsible for the murder scheme and that Kupferschmidt had no knowledge of the scheme.

Kupferschmidt contends that her affidavit casts a “different light” on the evidence presented at the

plea hearing, and therefore, his petition should advance to the second stage.

¶ 14 The Post-Conviction Hearing Act provides a three-stage mechanism for imprisoned

persons to collaterally challenge convictions for violations of federal or state constitutional rights.

725 ILCS 5/122-1 et seq. (West 2020); People v. LaPointe, 227 Ill. 2d 39, 43 (2007). At the first

stage of postconviction proceedings, the circuit court must independently review the petition,

taking the allegations as true, and determine whether “the petition is frivolous or is patently without

merit.” 725 ILCS 5/122-2.1(a)(2) (West 2020); People v. Edwards, 197 Ill. 2d 239, 244 (2001). A

petition is frivolous or patently without merit if it has no arguable basis in law or in fact and,

instead, is based on a meritless legal theory or fanciful factual allegations. People v. Hodges, 234

Ill. 2d 1, 11-13, 16 (2009).

-4- No. 1-20-1341

¶ 15 “At the pleading stage of postconviction proceedings, all well-pleaded allegations in the

petition and supporting affidavits that are not positively rebutted by the trial record are to be taken

as true.” People v. Robinson, 2020 IL 123849, ¶ 45. In deciding the sufficiency of a petition, “the

court is precluded from making factual and credibility determinations.” Id. Our review of the

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