People v. Newell

553 N.E.2d 722, 196 Ill. App. 3d 373, 143 Ill. Dec. 15, 1990 Ill. App. LEXIS 109
CourtAppellate Court of Illinois
DecidedJanuary 26, 1990
Docket3-88-0649
StatusPublished
Cited by24 cases

This text of 553 N.E.2d 722 (People v. Newell) 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. Newell, 553 N.E.2d 722, 196 Ill. App. 3d 373, 143 Ill. Dec. 15, 1990 Ill. App. LEXIS 109 (Ill. Ct. App. 1990).

Opinion

JUSTICE STOUDER

delivered the opinion of the court:

Following a jury trial, defendant Arthur Newell was convicted of felony murder (Ill. Rev. Stat. 1987, ch. 38, par. 9—1(a)(3)) and sentenced to a 60-year, nonextended term of imprisonment. The jury found defendant guilty but mentally ill. (Ill. Rev. Stat. 1987, ch. 38, par. 6—2(c).) The defendant appeals.

The record indicates that during the evening of January 11, 1988, the defendant, along with Joe Robinson, Duane Page, Brian Page, Benjamin Burnett, and a boy named “Pookey” chartered a limousine from the victim, Robert DeYoung. DeYoung chartered and drove a black stretch limousine. At trial, Joe Robinson testified that after cruising the streets of Joliet in the limousine, Duane Page directed DeYoung to a park, where Burnett held a gun to DeYoung’s head. Robinson stated that he began leaving at that point and noticed defendant looting the front part of the limousine. A short time later, Duane Page, Brian Page, Burnett, and the defendant arrived at Robinson’s house. The defendant had a flashlight and a car phone. Robinson testified that he heard Burnett say, “Duane, why did you have to shoot the man twice in the head?” Duane answered, “So what. I did it.” DeYoung was later found dead in the park with two gunshot wounds to the head. The record shows that after his arrest, Duane Page admitted shooting DeYoung.

Three psychiatrists testified concerning the defendant’s mental state at the time of the offense. Dr. Barr and Dr. Egle testified for the defense. They testified the defendant was mildly retarded and in their opinion did not understand the proceedings against him. The State’s psychiatrist explained that although the defendant was mildly retarded, he fully understood the consequences of his actions. At the close of all of the evidence, the trial judge instructed the jury on, inter alia, the elements of guilty but mentally ill.

We first address whether the defendant proved his insanity by a preponderance of the evidence. Three psychiatrists testified at trial about the defendant’s mental state at the time of the offense. Dr. Egle and Dr. Barr testified for the defense and Dr. Kruglik testified for the State. Defendant asserts the testimony of his two expert witnesses established his insanity and that their testimony was more credible than the State’s expert witness. Dr. Egle observed that the defendant was moderately retarded, and as a result, the defendant did not possess the capability to conform his conduct to the law. Dr. Barr testified that the defendant did not know that a certain act was wrong unless told by someone. However, the State’s expert, Dr. Kruglik, commented that although the defendant was mildly retarded, he was able to appreciate the criminality of his conduct.

When a defendant asserts the affirmative defense of insanity, he has the burden of establishing by a preponderance of the evidence that he was insane. (Ill. Rev. Stat. 1987, ch. 38, pars. 3—2(b), 6—2(e).) The resolution of this fact question is to be made by the fact finder. (People v. Bouchard (1989), 180 Ill. App. 3d 26, 535 N.E.2d 1001.) A trier of fact’s finding a defendant legally sane at the time of the offense will not be disturbed on appeal unless it is against the manifest weight of the evidence. (People v. Bouchard (1989), 180 Ill. App. 3d 26, 535 N.E.2d 1001.) Upon review of the record, we do not believe the trier of fact’s finding was against the manifest weight of the evidence.

In deciding questions of sanity, the trier of fact may accept one expert’s opinion over another. (People v. Schwartz (1985), 135 Ill. App. 3d 629, 482 N.E.2d 104.) Here, the trier of fact was presented with a conflict of the evidence as to whether defendant was sane. The jury resolved this conflict in favor of finding defendant sane at the time of the offense. This decision is amply supported by the testimony of the State’s expert witness.

We next address the issue of whether the trial court abused its discretion in finding the defendant fit to stand trial. A criminal defendant has a constitutional right not to be tried or convicted while he or she is incompetent to stand trial. (People v. Turner (1980), 88 Ill. App. 3d 793, 410 N.E.2d 1151.) The defendant is unfit if, because of a mental or physical condition, he or she is unable to understand the nature and purpose of the proceedings or to assist in his or her defense. (People v. Murphy (1978), 72 Ill. 2d 421, 381 N.E.2d 677.) In making this determination, the court should consider whether the defendant has sufficient present ability to consult with defense counsel with a reasonable degree of rational understanding and whether the defendant has both a rational and factual understanding of the proceedings. People v. Turner (1980), 88 Ill. App. 3d 793, 410 N.E.2d 1151.

The law presumes that the defendant is fit to stand trial. (People v. Barnard (1981), 95 Ill. App. 3d 1132, 420 N.E.2d 1076.) However, where a bona fide doubt of the defendant’s fitness has been raised, the State has the burden of proving, by a preponderance of the evidence, that the defendant is fit. (People v. Turner (1980), 88 Ill. App. 3d 793, 410 N.E.2d 1151.) Both the initial determination as to whether a bona fide doubt as to the defendant’s fitness exists and a finding of fitness after a hearing are matters for decision by the trial court, reversible only upon a showing of abuse of discretion. People v. Dominique (1980), 86 Ill. App. 3d 794, 408 N.E.2d 280.

Here, the trial court ordered a fitness hearing. Doctors Egle, Barr, and Kruglik examined the defendant. Dr. Egle testified that based upon his observations, the defendant could not understand the proceedings against him. Dr. Barr testified that the defendant was incapable of understanding cause and effect relationships and the consequences of his actions. Dr. Kruglik, however, explained the defendant understood that Dr. Kruglik was a psychiatrist conducting a fitness examination and that the defendant understood the function of the court and the proceedings. The defendant told Dr. Kruglik that he didn’t know anyone carried a gun on the day of the murder and that he was “shocked” when the shooting occurred. The trial judge determined the defendant was fit to stand trial.

The record indicates the trial court recognized that it was required to determine the facts and make the ultimate decision as to the defendant’s fitness. The court determined that based upon the evidence presented, the defendant was fit to stand trial. Under these circumstances, we find no abuse of discretion.

Defendant next maintains that the trial judge committed reversible error by refusing to ask the jurors about their attitudes toward mental retardation during voir dire. In the instant case, defendant submitted questions pertaining to the prospective jurors’ views of mental retardation. The defendant contends that the questions submitted were designed to discover any potential bias or prejudice regarding that condition. The trial judge did not ask the submitted questions.

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Cite This Page — Counsel Stack

Bluebook (online)
553 N.E.2d 722, 196 Ill. App. 3d 373, 143 Ill. Dec. 15, 1990 Ill. App. LEXIS 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-newell-illappct-1990.