People v. Nitz

610 N.E.2d 1289, 242 Ill. App. 3d 209, 183 Ill. Dec. 45, 1993 Ill. App. LEXIS 314
CourtAppellate Court of Illinois
DecidedMarch 9, 1993
Docket5-89-0784
StatusPublished
Cited by7 cases

This text of 610 N.E.2d 1289 (People v. Nitz) 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. Nitz, 610 N.E.2d 1289, 242 Ill. App. 3d 209, 183 Ill. Dec. 45, 1993 Ill. App. LEXIS 314 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE CHAPMAN

delivered the opinion of the court:

On September 21, 1989, a Massac County jury convicted Rita Nitz of the first-degree murder of Michael D. Miley. She was sentenced to natural life in prison.

On appeal, defendant argues (1) that she was not proven guilty beyond a reasonable doubt; (2) that she was denied a fair trial because the trial court refused to change venue, and because the trial court made prejudicial statements to the jurors; (3) that she was denied effective assistance of counsel by her court-appointed trial attorney; (4) that the provision for a natural life term, section 5 — 8— 1(a)(1)(b) of the Unified Code of Corrections (111. Rev. Stat. 1989, ch. 38, par. 1005 — 8—1(a)(1)(b)) is unconstitutionally vague; (5) that section 5 — 8—1(a)(1)(b) was unconstitutionally applied to her; and (6) that her sentence was excessive and an abuse of discretion. We affirm.

In considering defendant’s challenge on the reasonable doubt issue, the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. All the evidence is considered in the light most favorable to the prosecution. People v. Tye (1990), 141 Ill. 2d 1, 565 N.E.2d 931.

Defendant was charged with first-degree murder for the shooting death of Michael D. Miley. Jurors heard the following testimony at defendant’s trial. On April 9, 1988, Richard Kaiber of Carbondale and a group of his friends camped at an area called Rocky Comfort, which is just south of Crab Orchard Lake. Kaiber and about 10 to 15 other campers went to look at an abandoned car “to see what it was all about.” While the campers were vandalizing the car, the trunk popped open and a headless body rolled out. The body was that of Michael D. Miley, who had been missing since April 6, 1988. The car belonged to the victim.

The victim, Michael Miley of Murphysboro, was 23 years old. He was a member of the Carbondale homosexual community, and he occasionally visited two places where homosexuals frequently gathered. Those places were Two Hearts, a Carbondale bar, and certain areas near Crab Orchard Lake. At Crab Orchard Lake, homosexuals congregated near a dam, known as the spillway, and its four adjacent parking lots.

Michael Miley’s father described him as someone who would react verbally to intimidation. “He would be quick to tell someone,” his father said, but he was not a fighter. To illustrate, a friend, Edwin Pierson, explained that once, in February 1988, he and Michael Miley were parked in one of the lots at Crab Orchard Lake when a four-wheel-drive truck shined a spotlight on them. Michael Miley followed the truck and returned about 10 minutes later, upset and angry.

The defendant, Rita, was married to Richard Nitz at the time of Michael Miley’s death. They were married at Crab Orchard Lake near the area where homosexuals congregated. They also lived less than two miles from one of the parking lots where homosexuals gathered and socialized. Much of the testimony at Rita’s trial related to Richard Nitz’s hatred for homosexuals and Rita’s largely silent adoption of his beliefs.

Mark Miley, the victim’s brother, testified that he had had two “experiences” with Richard Nitz. The first of these experiences occurred in 1986 while he and a group of friends socialized at the Crab Orchard Lake parking lots. Richard Nitz approached Mark Miley and his friends and asked him if they were fags. A group of people, including a woman, accompanied Nitz. The group was armed with baseball bats, chains, ice picks and other equipment. Mark Miley and his friends left, but they returned a short time later and found another friend’s car vandalized. Richard Nitz and his friends were gone. Miley could not identify the woman, who was armed with an ice pick, as the defendant.

The second incident involved Richard Nitz and two other men at Crab Orchard Lake. After Richard Nitz broke a friend’s radio, Mark Miley said Richard started “coming after” him. As Mark Miley drove away, Richard Nitz hit his windshield and rear side mirror with an aluminum baseball bat.

Another witness, Charlie Brookmyer, the defendant’s brother, explained that Richard Nitz hated homosexuals and referred to them as faggots and in other derogatory terms. Because he never heard Rita object to Richard Nitz’s characterizations, Charlie Brookmyer said he assumed Rita also did not like homosexuals.

Charlie Brookmyer testified that Rita had told him that she and Richard Nitz had run a gay man off of the road in the Crab Orchard Lake area. Another time Charlie Brookmyer accompanied Richard Nitz and Rita when they confronted a noisy group of suspected homosexuals at the Crab Orchard Lake parking lots. Rita, however, was not armed. On cross-examination, Charlie Brookmyer stated that he had never seen the defendant harass, intimidate or abuse gays or anyone else.

Both Richard Nitz and Rita were members of the Trog Club, which was organized by Richard Nitz, who was the head Trog. Rita was the Trogette. Trog is short for troglodyte, which Charlie said means prehistoric or cave man. Trog Territory was Richard and Rita’s special place. It was the place where they were married, and it was also the area where homosexuals gathered to socialize. Members of the Trog Club went to Trog Territory and ran off gays.

A third witness, Betty Boyer, said that Rita did not object to harassing homosexuals. On the night Betty Boyer and her ex-husband met Richard Nitz and Rita, Boyer said, she and her ex-husband were invited to go harassing homosexuals by Richard Nitz.

Finally, Williamson County Deputy Sheriff Dale Almaroad testified that Richard Nitz had, in fact, been arrested for intimidation and assault on homosexuals. As Rita paid Richard Nitz’ bail, she commented to Deputy Almaroad that she and her husband did not like living near where homosexuals congregate because “mosquitoes transmit other diseases and why couldn’t they transmit AIDS.”

Turning to the events of April 6, 1988, the evidence indicated that Michael Miley ate with his family, practiced with his church choir, and drove out to Crab Orchard Lake to socialize. He visited with two friends that night, Robby Buttry and Edwin Pierson.

At about 6 p.m. that night, Betty Boyer arrived at the Nitz trailer to babysit for Rita’s son. She testified that Richard Nitz and Rita left about 6:30 p.m. for John Barwick’s car lot in Carterville. When they returned about 30 minutes later, Rita walked into the house, took a gun off the top of the icebox, went back to the car and handed the gun to Richard Nitz, and they left again.

Shortly after 9 p.m., Richard Nitz and Rita returned to their trailer. Rita walked inside and Boyer stepped out on the trailer porch. About this time, another car pulled into the Nitz driveway, backed out, and parked on the road. Boyer said she then saw a third person, a man, standing on the driveway and Richard Nitz getting a baseball bat from the back seat of his Charger. Boyer turned to go inside the trailer just as Rita went outside.

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Cite This Page — Counsel Stack

Bluebook (online)
610 N.E.2d 1289, 242 Ill. App. 3d 209, 183 Ill. Dec. 45, 1993 Ill. App. LEXIS 314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nitz-illappct-1993.