People v. Meyers

854 N.E.2d 286, 304 Ill. Dec. 944, 367 Ill. App. 3d 402, 2006 Ill. App. LEXIS 739
Appellate Court of Illinois·Decided August 15, 2006·No. 2-04-1158·Published·Cited by 7 cases

Opinion

JUSTICE O’MALLEY

delivered the opinion of the court:

Following a jury trial, defendant, Phillip A. Meyers, was convicted of resisting a peace officer (720 ILCS 5/31 — l(a—7) (West 2002)) and aggravated battery of a peace officer (720 ILCS 5/12 — 4(b)(6) (West 2002)). On appeal, he argues that the trial court erred by failing to conduct a hearing on his fitness to stand trial and by allowing the State to present evidence of his prior conviction of aggravated fleeing or attempting to elude a police officer (625 ILCS 5/11 — 204.1 (West 2000)). We affirm.

Defendant’s fitness to stand trial was addressed in a prior decision of this court, People v. Meyers, 352 Ill. App. 3d 790 (2004), which we will summarize here because of its relevance to the fitness issue in the present case. In Meyers, defendant was charged with crimes arising out of an April 18, 2001, altercation with police officers from the City of Aurora. At his bond hearing, defendant stated that the Aurora police, together with law enforcement officers from Du Page County and Naperville, had beaten him and threatened him with death. Defendant also claimed that the police had robbed his apartment. Defendant then said to the trial court, “ T guess that means that you will kill me here, I guess.’ ” Meyers, 352 Ill. App. 3d at 792. At the request of defense counsel, the trial court ordered that defendant undergo a psychological evaluation. At a later hearing, defendant stated that he refused to undergo an evaluation and that he wanted his attorney fired. The trial court ordered defendant to cooperate with the examination. Several days later, a report was filed stating that defendant was fit to stand trial. At a subsequent hearing, the trial court asked defendant if he considered himself fit to stand trial, and defendant said that he did. The trial court then found defendant fit, based on his statement and the report that had been filed. Meyers, 352 Ill. App. 3d at 792.

At defendant’s February 4, 2002, pretrial hearing, the issue of fitness was again raised. Regina Harris, an attorney whom the trial court described as an expert on mental health issues, opined that defendant exhibited “ ‘a great deal of agitation,’ ” and possible mania, but she did not believe that defendant had an “ ‘active psychotic process.’ ” Meyers, 352 Ill. App. 3d at 793. Harris said that defendant “ ‘[s]eems convinced that his attorney is not working for him, perhaps is even working against him.’ ” Meyers, 352 Ill. App. 3d at 793. The trial judge observed, based on his experience, that defendant seemed to have “ ‘paranoia.’ ” Meyers, 352 Ill. App. 3d at 793. The trial court then noted that defendant was currently laughing hysterically at counsel table. Finding that the issue of fitness was sufficiently raised, the trial court removed the case from the trial calendar and arranged for defendant to be evaluated immediately by Dr. Timothy Brown. Defendant pointed at the trial judge and said, “ T don’t know what you think you’re doing. I’m never going to speak to a psychiatrist. Do you understand what I’m saying? I already did. You keep bullshitting around. You a [sic] bitch. Punk.’ ” A recess was taken, during which Dr. Brown evaluated defendant. When court resumed, Dr. Brown testified, leading to the following exchange:

“ ‘THE COURT: Have you had a chance to interview him? And the defendant is in the courtroom. If you could report to the Court, please, on the issue for fitness for trial today.
DR. BROWN: It is my opinion that Mr. Meyer [szc] is not fit to stand trial. He is unable to control his behavior in the courtroom and he is unable to cooperate and assist in the preparation of his defense as a result of a mental illness.
THE DEFENDANT: I ain’t even talked to this guy. You mother fuckers are stupid, man.
DR. BROWN: That would be an example of it.
THE COURT: What else would you like to say, sir?
THE DEFENDANT: Well, I got warrants, man, in Du Page County where you all refused to take me to court. *** And if you all think you’re going on with the trial, you need to give me an I bond so I can get out of here and because I don’t need to be fucked with. You [szc] stupid. You know you’re stupid, man. You’re the stupidest one of all.
THE COURT: Let the record also reflect that the colloquy that just started—
THE DEFENDANT: I ain’t even talked to that guy.
THE COURT: —started with a burst of laughter that was not—
THE DEFENDANT: First call you [szc] momma.
THE COURT: What else would you like to say?
THE DEFENDANT: What else you got [szc] to say?
THE COURT: I’m going to based on the testimony at this time find that you are not fit for trial and I’m going to order a continued examination and continue this ***.
THE DEFENDANT: I’m never going to talk to him. So that means you’re never going to go to mother fucking trial. Dick head Doyle.’ (Emphasis added.)” Meyers, 352 Ill. App. 3d at 793-94.

The trial court asked defendant, “ ‘Are you done now?’ ” Defendant replied, “ ‘You going [szc] to be done.’ ” Meyers, 352 Ill. App. 3d at 794. The trial court then ordered defendant removed from the courtroom. Defendant called the trial court a “bitch” and flashed what the court described as the “ ‘universal signal of discontent.’ ” Meyers, 352 Ill. App. 3d at 794. After defendant left, the trial court found him not fit to stand trial. Meyers, 352 Ill. App. 3d at 794.

Several days later, based on defense counsel’s representation that he failed to apprise defendant of his right to have a jury determine his fitness, the trial court entered an order vacating the February 4, 2002, finding of unfitness. A month later, defendant appeared with new counsel. Based on counsel’s opinion that defendant was now fit to stand trial, the trial court set the matter for trial. Meyers, 352 Ill. App. 3d at 795.

A jury trial was held on March 25, 2002. The following day, the jury returned verdicts of guilty. During on-the-record discussions following the verdict, defendant said something unintelligible. The trial court asked defendant to repeat himself, and the following colloquy ensued:

“ ‘THE DEFENDANT: You heard what the fucking [sic] I said, man.
THE COURT: All right. Here’s what I’m going to do. I’ve been real patient with you the last time.
THE DEFENDANT: I’ve been patient with you motherfuckers, too. Fuck this, man.
THE COURT: You know what? So right now—
THE DEFENDANT: Right now, kiss my ass, man.

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People v. Meyers, 854 N.E.2d 286, 304 Ill. Dec. 944, 367 Ill. App. 3d 402, 2006 Ill. App. LEXIS 739 (Ill. Ct. App. 2006).

854 N.E.2d 286 (People v. Meyers) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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