People v. McCleary

567 N.E.2d 434, 208 Ill. App. 3d 466, 153 Ill. Dec. 476, 1990 Ill. App. LEXIS 1974
CourtAppellate Court of Illinois
DecidedDecember 28, 1990
Docket1-88-0203
StatusPublished
Cited by30 cases

This text of 567 N.E.2d 434 (People v. McCleary) 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. McCleary, 567 N.E.2d 434, 208 Ill. App. 3d 466, 153 Ill. Dec. 476, 1990 Ill. App. LEXIS 1974 (Ill. Ct. App. 1990).

Opinion

JUSTICE McNAMARA

delivered the opinion of the court:

Following a jury trial, defendant was found guilty but mentally ill of murdering two men, Tony King and Ivory Barrett. The trial court sentenced defendant to mandatory life imprisonment. On appeal, defendant contends: (1) that the jury was incorrectly instructed on the guilty but mentally ill verdict; (2) that the voluntary manslaughter instructions were improper; (3) that the State failed to prove beyond a reasonable doubt that defendant was not legally insane at the time of the crime; (4) that the trial court erred in denying defendant’s motion to quash arrest and suppress all the evidence; (5) that the trial court erred in determining that defendant’s statements were voluntary; (6) that the trial court improperly admitted evidence that defendant requested Miranda warnings where defendant raised an insanity defense; (7) that he was denied effective assistance of counsel; (8) that the trial court erred in failing to inquire into the prospective jurors’ bias toward the State’s burden of proof; (9) that the trial court’s imposition of a natural life sentence without considering mitigating factors violated the eighth and fourteenth amendments to the United States Constitution; and (10) that the trial court improperly sentenced defendant under the mandatory natural life statute.

Because defendant does not challenge the jury’s finding that he committed the crimes, we will summarize the evidence. On May 14, 1986, defendant beat the two victims to death with a metal rod in the vicinity of 730 W. Wayman Court in Chicago, a railyard area with abandoned warehouses and loading docks, under which defendant lived in a cubbyhole.

At trial, the State presented physical and forensic evidence which connected defendant to the crime scene. It also offered evidence detailing the discovery of the bodies; the appearance of the crime scene; defendant’s actions following the murders; and defendant’s confession.

In his confession, defendant stated that after he purchased a bot-tie of liquor at a bar, a male approached and asked him to share the bottle. Defendant refused and left the bar, walking towards his “home” on Wayman Court under a loading dock. When defendant arrived at his cubicle, the man who followed him was joined by a second man. The men asked that defendant share his bottle, and after defendant refused, the men began throwing sticks and stones at defendant. Defendant picked up a metal bar and began hitting the men. Defendant dragged both men to' a point east of the cubbyhole, placed the iron bar inside his cubbyhole and then started a fire in front of his cubbyhole. Defendant later stated that he did not drag the victims but rather ordered them to walk and then kneel down on the ground, and then hit them with the metal bar.

Dr. Robert A. Reifman, a psychiatrist and clinical director of the Psychiatric Institute of the circuit court of Cook County, testified for the defense. In his opinion, on May 14, 1986, defendant lacked the substantial capacity to appreciate the criminality of his acts and to conform his conduct to the requirements of the law.

Dr. Reifman examined defendant in 1975 to determine his state of mind in connection with a different criminal charge. At that time Dr. Reifman diagnosed defendant as “schizophrenia paranoid type.” Dr. Reifman examined defendant five times, twice in 1975, twice in 1976 and once in 1977, each examination lasting approximately 45 minutes. According to Dr. Reifman, defendant has “been consistently schizophrenic more or less” from 1973 to the present. In fact, according to Dr. Reifman, all six psychiatrists who examined defendant over the years diagnosed him as paranoid schizophrenic. Dr. Reifman testified that defendant was hospitalized twice for several days in 1977 and 1982 and once in 1977 for 2xk months.

In December 1986, Dr. Reifman examined defendant twice in connection with this case. He reviewed his records from the previous examinations of defendant, the records of the Psychiatric Institute, records from defendant’s hospitalizations, bureau of identification records, the police reports, the photos taken for this case and a social history given by defendant’s aunt. Defendant denied hearing voices at the time. In his report, Dr. Reifman stated that defendant was legally insane and unable to conform his conduct to the requirements of the law at the time of the crimes. Although not reflected in his report, the doctor concluded that defendant was not able to appreciate the criminality of his conduct based upon defendant’s belief that he was acting in self-defense.

Dr. Reifman testified further that defendant suffered from paranoid delusions of persecution for the past 25 years. As such, defendant constantly feels he is under attack or in danger of being attacked, whether actual or not, and often misinterprets the degree of any real or imagined attack and quickly overreacts to anything he interprets as negative. According to Dr. Reifman, these paranoid delusions account for the many fights that defendant, whom the doctor described as “explosive,” has been in over the years. Dr. Reifman further testified that defendant does not think logically or coherently or focus on relevant material. He is suspicious and guarded. According to Dr. Reifman, under stress defendant becomes more disorganized and less able to perceive and understand his environment. Dr. Reifman denied that defendant was feigning mental illness. Rather, he testified that defendant did not want to be known as a crazy person and, in fact was “malingering sanity.” Further, he stated that defendant was upset that mental illness was an issue in this case.

Dr. Karen Smith, a psychologist, also testified for the defense. On December 19, 1986, she conducted a clinical interview and administered three projective tests to defendant during a one- to two-hour period. These tests, the Rorschach Ink Blot Test, the House, Tree, Person Test and the Thematic Apperception Test, are designed to evaluate emotional adjustment, interpersonal relations and character style. She generally relies principally upon the Rorschach to determine the degree of psychosis. She found that defendant’s test scores differed significantly from the norm and that each test indicated signs of psychosis. She found that defendant’s thinking was “grossly disturbed” and consistent with that of a paranoid schizophrenic. According to Dr. Smith, as of December 19, 1986, defendant was a paranoid schizophrenic who if attacked or believed he was attacked would not conform his conduct to the law because of his delusion.

In Dr. Smith’s opinion, on May 14, 1986, the degree of defendant’s delusional thinking rendered him unable to conform his conduct to the requirements of the law. She did not, however, have an opinion as to whether defendant appreciated the criminality of his conduct. The doctor based her conclusion in part on the fact that she found defendant at the highest level of psychological functioning in his life when she examined him in December 1986. Dr. Smith also observed a June 1986 staffing on defendant at the Psychiatric Institute at which Drs. Reifman and Grossman, but not Dr. Stipes, attended. At this staffing, Dr. Smith heard defendant state that even though the men were not moving and were covered with blood, he thought that they were alive, laughing and talking. Dr.

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Bluebook (online)
567 N.E.2d 434, 208 Ill. App. 3d 466, 153 Ill. Dec. 476, 1990 Ill. App. LEXIS 1974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mccleary-illappct-1990.