People v. Morgan

620 N.E.2d 635, 250 Ill. App. 3d 728, 189 Ill. Dec. 667, 1993 Ill. App. LEXIS 1440
CourtAppellate Court of Illinois
DecidedSeptember 17, 1993
Docket5-92-0153
StatusPublished
Cited by6 cases

This text of 620 N.E.2d 635 (People v. Morgan) 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. Morgan, 620 N.E.2d 635, 250 Ill. App. 3d 728, 189 Ill. Dec. 667, 1993 Ill. App. LEXIS 1440 (Ill. Ct. App. 1993).

Opinion

JUSTICE RARICK

delivered the opinion of the court:

Defendant, Karl Keith Morgan, was charged in the circuit court of St. Clair County with the murder of 80-year-old Gertrude Eastwood. After a trial by jury, Morgan was found guilty of first-degree murder. The jury subsequently found Morgan eligible for the death penalty because the murder had taken place in the course of a sexual assault and a burglary. After a further hearing, the jury was unable to unanimously agree upon the imposition of the death penalty. The trial court subsequently sentenced Morgan to a term of natural life imprisonment.

Prior to trial, the State filed notice that it intended to seek the death penalty. The defendant moved to have a psychologist appointed to evaluate his fitness to stand trial. He also moved to suppress evidence of his statements to police on the grounds that he had not been competent to waive his rights against self-incrimination and because such statements were otherwise illegally obtained.

At the hearing on the motion to suppress, Dr. Daniel Cuneo, a clinical psychologist, was appointed to examine Morgan. Dr. Cuneo evaluated Morgan as having a mental illness consisting of alcohol dependence and polysubstance abuse. Dr. Cuneo’s report indicates that because of defendant’s use of alcohol at the time of the offense, he was not competent to waive his rights when the police took his statement. Dr. Cuneo also found that while mentally ill at the time of the offense, defendant would not qualify for an insanity defense and was competent to stand trial.

At the hearing on defendant’s motion to suppress, State Police Detectives Robert Knezevich and Donald Leach testified. After viewing the crime scene, they went to State Police headquarters where defendant was being held. They first spoke with Gary Douthit, defendant’s friend, who had been arrested along with him. They then questioned the defendant. Both testified that they observed that while defendant did not appear to be intoxicated, defendant had been drinking. Knezevich stated that defendant did not appear intoxicated and was calm and relaxed. Defendant was again read his Miranda rights and never indicated that he did not understand his rights. Defendant also signed a waiver of rights. Defendant was initially calm and appeared to understand what was going on. He was cooperative and willing to answer questions. After being told by the detectives that they did not believe defendant’s initial story that he had spent the day visiting friends, defendant broke down and gave the statement in question to them. Defendant read the statement, made some changes, and signed it. In his statement, defendant indicated that he did not specifically remember stabbing Eastwood but knew that he had done it and that the blood on his pants was hers. He also believed that he had sexually assaulted her but again did not specifically remember. He did remember going to her house, being admitted by Eastwood, and taking money and two television sets. Defendant was able to describe details of the crime scene that were not common knowledge. Detective Leach testified that defendant signed his waiver of rights willingly. Defendant indicated that he understood his rights. He also indicated defendant seemed somewhat nervous and anxious. After signing his waiver of rights form, defendant said he had been drinking most of the previous day and evening. When the detectives told defendant they thought he was responsible, he asked for a cigarette and gave them the statement in question, which Leach reduced to writing. After making a few changes, defendant signed each page.

State Police Troopers William White and Mark Sprankle and Sergeant Stanley Donald also testified. Sergeant Donald testified that on the night in question, he received a call from Bill Wolfe, one of Eastwood’s neighbors, reporting that he had seen a man walking around a neighbor’s house and that he later saw the same man carrying something down an alley. The man set the object down and got into a black AMC Pacer automobile. Sergeant Donald dispatched Trooper Mark Sprankle to the scene. Sergeant Donald testified that he later went to the scene himself, where he saw defendant with blood on his pants. Sergeant Donald also testified that while it was obvious that defendant had been drinking, he was able to walk unassisted.

Trooper Sprankle testified that he was dispatched to the scene to investigate a possible burglary. Sprankle testified that upon arriving at the scene, he spoke to Wolfe, who stated that he had heard his dog barking, and when he went to investigate he saw a white man in the alley, and the man ducked out of sight when he turned on the light. Wolfe went back to watching TV, but his dog began barking again. Wolfe again went to investigate and saw the same man carrying something. The man set the object down and got into a black AMC Pacer that had just driven up with its lights off. Sprankle then checked the alley between the houses where he found two television sets. Sprankle called Trooper White and told him to look for a black AMC Pacer occupied by two white males who were wanted for burglary. While on the porch of the victim’s house, he observed White make a traffic stop, approximately one-half block away. Defendant was placed under arrest for burglary and read his Miranda rights. Sprankle then entered Eastwood’s home through an unlocked side door where he found her body. Sprankle also testified that he could smell alcohol on defendant’s breath. Sprankle further testified that defendant had not seemed intoxicated, and when given his Miranda warnings, defendant indicated that he understood.

Trooper White testified that he was called to the scene by Sprankle to assist with a possible burglary. While en route, he was told that two male suspects left the scene in a dark-colored AMC Pacer. Upon arriving at the scene, White observed a black AMC Pacer with two male occupants at the other end of the block. White stopped the car and Sprankle came up to assist. White testified that he and Sprankle read the defendant his Miranda rights and that defendant appeared to understand. White also testified that he smelled alcohol on defendant’s breath, but that defendant could walk unassisted.

Dr. Cuneo testified that he first saw defendant on July 19, 1991, and saw him two more times subsequently. Dr. Cuneo also reviewed defendant’s hospital records and the police records and gave defendant a standard psychological test. Based upon these factors, Dr. Cuneo concluded that defendant was an alcohol-dependent poly-substance abuser. Dr. Cuneo also testified that defendant had a history of going on prolonged drinking binges after arguing with his girl friend. One such episode had occurred in 1990 prior to his attempt to commit suicide with alcohol, and another occurred prior to the night of defendant’s arrest for the murder of Eastwood. Dr. Cuneo opined:

“If Mr. Morgan had been on a bender, and if Mr. Morgan had been drinking steadily during this period of time, and if Mr. Morgan had also abused different types of drugs during this period of time, and again, this is self-reported to me he had stated, then Mr. Morgan would not have had the ability to intelligently and knowingly and willfully waive his right — his rights at that time.” (Emphasis added.)

Dr. Cuneo admitted that he did not have personal knowledge of defendant’s condition at the time of questioning or what defendant’s blood-alcohol content had been.

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Cite This Page — Counsel Stack

Bluebook (online)
620 N.E.2d 635, 250 Ill. App. 3d 728, 189 Ill. Dec. 667, 1993 Ill. App. LEXIS 1440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-morgan-illappct-1993.