People v. Moore

513 N.E.2d 24, 159 Ill. App. 3d 850, 111 Ill. Dec. 778, 1987 Ill. App. LEXIS 3036
CourtAppellate Court of Illinois
DecidedAugust 6, 1987
Docket84-2861
StatusPublished
Cited by3 cases

This text of 513 N.E.2d 24 (People v. Moore) 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. Moore, 513 N.E.2d 24, 159 Ill. App. 3d 850, 111 Ill. Dec. 778, 1987 Ill. App. LEXIS 3036 (Ill. Ct. App. 1987).

Opinion

JUSTICE LINN

delivered the opinion of the court:

Following a jury trial, defendant Hutchie Moore was found guilty of two counts of murder and sentenced to natural life in prison without parole. Moore now brings this appeal contending that: (1) a doubt exists as to whether he was fit to stand trial; (2) he was denied the right to represent himself; (3) a reasonable doubt exists regarding whether Moore was sane at the time of the murders; (4) the prosecution misstated the law during closing argument; and (5) the trial court erroneously restricted the testimony of Moore’s expert witnesses during surrebuttal.

We affirm.

Background

On October 21, 1983, defendant Moore shot and killed Judge Henry Gentile and James Piszczor during divorce proceedings that were being conducted in Judge Gentile’s courtroom in Chicago, Illinois.

Following Moore’s indictment, the public defender was appointed to represent him. The public defender petitioned the Illinois Supreme Court to grant Moore a substitution of judges in light of the fact that Moore had killed a Cook County circuit court judge. The supreme court granted Moore’s request and ordered a judge from the 19th Judicial Circuit to preside over Moore’s trial.

At the first hearing, the trial court ordered Moore to undergo psychological evaluation to determine if Moore was fit to stand trial. The trial court also informed Moore that he could waive his right to an attorney if he so desired.

The fitness hearing was set to commence on March 26, 1984. Prior to the beginning of the hearing, however, Moore asked the trial court to remove the public defender and to order a private attorney to be appointed. The trial court again admonished Moore that he could represent himself if he so desired. In a letter which Moore wrote to the trial court, Moore claimed that he was fit to stand trial and that he was not satisfied with the performance of the public defender’s office. The trial court allowed Moore to conduct some of the questioning during the fitness hearing himself but also ordered that Moore must have an attorney present for assistance throughout the hearing.

During the fitness hearing, the prosecution’s evidence consisted of the testimony of three medical experts, an attorney, and a correctional officer. Briefly stated, it was the opinion of these witnesses that Moore was fit to stand trial. The defense countered with three attorneys, a social worker, a pastor and two medical experts. These witnesses presented evidence that Moore was not psychologically fit for trial. At the conclusion of the hearing, the jury ruled that Moore was psychologically fit to stand trial.

Following the fitness hearing, Moore told the trial court that he wanted to dismiss the public defender’s office. The trial judge warned Moore of the seriousness of the offenses charged against him. Moore was then unsure of whether he wanted to proceed pro se or whether he wanted to be represented by counsel, stating that “It’s impossible for me to defend myself.”

On April 4, 1984, the public defender presented a motion to withdraw as Moore’s counsel. The trial court ruled that Moore could proceed pro se if he desired but that a public defender would be at Moore’s table should Moore require any assistance throughout the trial. If a conflict arose, the trial judge would follow Moore’s wishes. In addition, the trial judge ordered Moore to undergo an examination on the issue of sanity.

On April 12, 1984, Moore changed his mind regarding his representation. Moore stated that he did not want to represent himself and that “It is impossible for me to defend myself.” That being the case, the trial court continued the case in order to allow Moore to obtain an attorney.

Soon thereafter, another attorney filed his appearance on behalf of Moore. Subsequently, on- May 17, 1984, however, Moore informed the trial court that he wanted to be represented by counsel but was not satisfied with any of the attorneys currently handling his case. When asked whom he desired to have named as his attorney, Moore was silent. Because a clear waiver of counsel had not been made by Moore, the trial court ruled that Moore had to be represented by counsel.

On May 21, 1984, Moore again asked for a new attorney. The attorney requested by Moore, however, was unavailable.

Moore’s attorney then requested a new fitness hearing. Moore, however, objected to the new fitness hearing and claimed that the jury had already decided the issue. In addition, Moore claimed that he wanted to represent himself. The trial court denied Moore’s request to proceed pro se after surmising that Moore was merely engaging in a delay tactic.

At Moore’s trial, several witnesses testified that Moore was the person who shot and killed Gentile and Piszczor. A medical witness testified as to the cause of death. In addition, the prosecution presented the testimony of Dr. James Cavanaugh, a psychiatrist, and Dr. Warner Tuteur, a psychiatrist. According to these experts, Moore was “sane but extremely paranoid.” The two experts based their finding on personal interviews with Moore, on the results of several psychological tests, and on interviews with persons who knew of Moore and his background.

At the close of the prosecution’s case, Moore again requested to represent himself. The trial court entertained Moore’s arguments and noted that Moore had engaged in a pattern of hiring and firing attorneys. The trial court reminded Moore that he had previously asked Moore many times if he wanted to proceed pro se and that Moore had repeatedly turned down the court’s inquiries. The trial court further noted the seriousness of the offenses charged and that Moore had never given an appropriate waiver of counsel. Accordingly, the trial judge determined that Moore had to be represented by counsel. Moore and his attorney then presented the defense’s case in chief.

Moore’s theory in defense was that he was insane at the time of the murders. In support of his theory, Moore presented the testimony of Dr. Henry G. Conroe, a psychiatrist; Dr. Leo Goldman, a psychiatrist; Dr. Cynthia Kegel, a clinical psychologist; Dr. Donald Pauli, a clinical psychologist; and several lay witnesses.

According to these physicians, Moore was suffering from “paranoia psychosis with a delusion or fixed belief in a conspiracy against him within the judicial system which he felt was tainted with Satanic influences.” These experts opined that Moore was insane at the time of the shooting and that he did not think he was doing anything morally wrong. The experts further stated that Moore was unable to conform his conduct to the requirements of the law.

The lay witnesses who testified on Moore’s behalf explained how Moore’s problems began after an accidental shooting which left Moore disabled. These witnesses believed that Moore was insane at the time of the shooting.

After the close of all the evidence, the jury found Moore guilty of two counts of murder. Moore now brings this appeal.

Opinion

I

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Cite This Page — Counsel Stack

Bluebook (online)
513 N.E.2d 24, 159 Ill. App. 3d 850, 111 Ill. Dec. 778, 1987 Ill. App. LEXIS 3036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-moore-illappct-1987.