People v. Lippert

466 N.E.2d 276, 125 Ill. App. 3d 489, 47 A.L.R. 4th 1183, 80 Ill. Dec. 824, 1984 Ill. App. LEXIS 2010
CourtAppellate Court of Illinois
DecidedJune 8, 1984
Docket82-578
StatusPublished
Cited by3 cases

This text of 466 N.E.2d 276 (People v. Lippert) 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. Lippert, 466 N.E.2d 276, 125 Ill. App. 3d 489, 47 A.L.R. 4th 1183, 80 Ill. Dec. 824, 1984 Ill. App. LEXIS 2010 (Ill. Ct. App. 1984).

Opinion

JUSTICE EARNS

delivered the opinion of the court:

James E. Lippert appeals from his conviction on one count of murder following a bench trial in the circuit court of Madison County. The trial court found that Lippert had set fire to his house knowing that there was a strong probability that the fire would cause death or great bodily harm to his wife, Ruth. During the fire, Ruth died of asphyxia caused by smoke inhalation. Lippert was sentenced to 40 years in prison.

At about 2:30 a.m. on October 28, 1980, fire broke out in the Lip-pert home. Lippert said he heard the sound of breaking glass and some sort of thumping sound. When he went into the living room he saw flames near the picture window. The house filled with smoke. Lippert returned to the master bedroom he shared with his wife but was unable to find her there. He looked in other rooms and in the garage but did not find her. Lippert left the burning house through the garage.

A neighbor saw the flames and called the fire department at about 2:34 a.m. Deputy Sheriff Gibson was on the scene at 2:39 a.m. He saw Lippert running nude from the garage to the back of the house, where he put a ladder up to the spare room window. Gibson heard Lippert screaming his wife’s name and observed that Lippert was visibly upset. Gibson thought Lippert was not dirty from smoke. Shortly after his arrival, Gibson saw flames shooting out of the master bedroom as well as from the living room window.

Volunteer firemen began arriving within five minutes of the first call. They found an unusually hot fire which produced dense smoke and reignited after it had been hosed down, most notably in the living room and stairwell area. Firemen noted that the top of the front door and the top of the door leading to the garage were burned away. After the firemen put a ladder up to the window of the master bedroom, they saw Ruth’s body on the bed. When the firemen were finally able to get into the master bedroom, they found the body at an angle on the bed, the detached left foot on the floor next to the bed and the right leg over the edge, with the right foot resting on the floor.

While the firemen struggled with the fire, Deputy Gibson placed Lippert in the police car and covered him with a jacket. Later Lippert was taken to a neighbor's home, where he was given clothes. The neighbors who observed Lippert testified that he was obviously upset, smelled of smoke and was covered with a black film which came off on a washcloth. He was seen coughing and expelling “black stuff” from his mouth. He had first degree burns across his shoulders and back and his hair was singed on top. At the hospital he was treated with oxygen and Valium for smoke inhalation and an anxiety reaction. He refused to be admitted.

Police and fire investigators were notified of the fire very quickly. A police photographer arrived at 3:48 a.m. State Fire Marshal Buxton, East Alton Fire Chief Shewmaker, Deputy Sheriff Crockarell and Alva Busch of the Illinois Department of Law Enforcement conducted the initial investigation of the cause and origin of the fire. Once they were able to view the interior of the house and examine the debris, the investigators quickly concluded that the fire resulted from the deliberate ignition of a flammable liquid which had been poured in the living room, trailed into the fatal bedroom, down the stairs to the basement and over to the door leading to the garage. Buxton ruled out a malfunction in either the electrical or heating system as the cause of the fire. Shortly after 6:35 a.m., the deputies who were interviewing Lippert at the hospital informed him that he was suspected of setting the fire. The sheriff’s department already knew that on October 24, 1980, Lippert had been convicted of indecent liberties with a minor and had been released on bond the day before the fire.

Lippert was interviewed several times in the hours immediately after the fire. He denied his own involvement in starting the fire but said to officers as well as to friends that he thought the house had been firebombed by someone seeking revenge in connection with the indecent liberties conviction. Lippert agreed to take a voice stress test as a check on his veracity. At trial, the result of the test was not admitted, but admissions made by Lippert at the time of the testing were ruled admissible. At that time Lippert stated that he had taught chemical and psychological warfare during the 90 days he was in the Air Force, but Air Force records show only that he was honorably discharged as a private first class for medical reasons. In describing his actions during the fire, Lippert said he thought someone, perhaps Ruth, was beside him in the smoke but that the only way out for that person was through an upstairs window because “the fire was coming down [the stairs] behind me.” Deputy Sheriff Fischer testified that Lippert described to him the fire “trickling down the stairs *** following a line down the steps” and so blocking his return to the upper floor of the split level house.

On November 7, 1980, Lippert was indicted on two counts of murder and one count of aggravated arson. Trial was preceded by extensive discovery and vigorous argument of pretrial motions. Of particular concern to the defense was a statement given to the State by Earl Abney, a prisoner who had shared a cell with Lippert on March 11 and 12, 1981. Abney stated that Lippert admitted stuffing rags in the furnace and tampering with the wiring but was confident he had left no incriminating evidence. Abney reported that Lippert talked freely because they were both in jail for indecent liberties with a minor. On May 1, 1981, Lippert filed a motion in limine requesting that the State delete from Abney’s statement all references to sex offenses and prevent any reference to such offenses from being made in the presence of the jury.

On May 29, 1981, the court ruled that Abney could not refer to sex offenses in his testimony except when he repeated Lippert’s own references to Abney and Lippert having the common experience of being in jail on sex charges. Ruling on other motions, the court ordered the State to refrain from any mention of Lippert’s conviction except for impeachment purposes. Lippert was permitted to show that his conviction was on appeal. On June 8, 1981, Lippert waived a jury trial because he thought that the trial court, which had conducted Lippert’s previous trial, was best qualified to weigh the prior conviction and to correctly construe Lippert’s decision not to testify if he were to make that choice at trial. He also thought the trial court could best evaluate the “highly technical” nature of expert testimony.

Although most of the testimony at trial was that of expert witnesses and was technical in nature, Abney also testified for the State as expected. He stated that Lippert had showed him sketches of the furnace and explained in detail how he had arranged it so that wires would appear to be melted together and there would “be something melted inside [the furnace].” Abney claimed his conscience was shocked by the coldness with which Lippert spoke of killing his wife and going into the obscene picture business. Abney denied that he had made a deal with the prosecution in exchange for his testimony. On cross-examination Abney admitted that he had previously lied in court and had signed false affidavits concerning his own criminal record in order to gain release from jail.

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Related

People v. Posedel
573 N.E.2d 256 (Appellate Court of Illinois, 1991)
People v. Anderson
505 N.E.2d 1303 (Appellate Court of Illinois, 1987)
People v. Bitterman
492 N.E.2d 582 (Appellate Court of Illinois, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
466 N.E.2d 276, 125 Ill. App. 3d 489, 47 A.L.R. 4th 1183, 80 Ill. Dec. 824, 1984 Ill. App. LEXIS 2010, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lippert-illappct-1984.