People v. Wilhoite

592 N.E.2d 48, 228 Ill. App. 3d 12, 169 Ill. Dec. 561, 1991 Ill. App. LEXIS 2193
CourtAppellate Court of Illinois
DecidedDecember 27, 1991
Docket1-89-1577
StatusPublished
Cited by37 cases

This text of 592 N.E.2d 48 (People v. Wilhoite) 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. Wilhoite, 592 N.E.2d 48, 228 Ill. App. 3d 12, 169 Ill. Dec. 561, 1991 Ill. App. LEXIS 2193 (Ill. Ct. App. 1991).

Opinion

JUSTICE GORDON

delivered the opinion of the court:

Following a trial without a jury, defendant Deborah Wilhoite was found guilty of the attempted murder of her nine-year-old daughter. The court sentenced her to a term of 10 years in prison. On appeal, defendant contends that she proved by a preponderance of the evidence that she was insane at the time of the offense and that the State failed to prove specific intent beyond a reasonable doubt.

At trial, the State presented all of its evidence by way of stipulation. The parties agreed that if defendant’s nine-year-old daughter, Tiffany Wilhoite, were called to testify, she would state that on February 28, 1988, at 9:00 p.m. she, her 11-year-old sister Ava and her 14-month-old brother Andy were in their respective beds. Tiffany saw defendant pick Andy up, walk towards the window of the eighth-floor apartment, and open the window. Defendant was saying, “We have been saved and are going to heaven.” Ava managed to pull Andy away from defendant, run into the bathroom and lock the door.

Defendant then grabbed Tiffany and pushed her out of the window head first. Tiffany resisted, saying, “Mama, I thought you loved me.” Defendant pushed Tiffany’s entire body out of the window, but Tiffany held on to a curtain and did not fall. Defendant then walked away from the window. A neighbor then came and pulled Tiffany up into the apartment, unharmed. Her mother was gone.

The parties agreed that if Ava were called to testify she would testify similarly.

The parties agreed that if Valerie Brown were called to testify, she would state that she lived in a ninth-floor apartment in defendant’s building. On February 28, 1988, at 9:00 p.m., she heard screaming. She looked out her window and saw Tiffany being pushed out of a window by defendant. Defendant was yelling “Get out.”

If Stanley Norman were called to testify, he would state that he lived on the sixth floor of defendant’s building. On the night in question, he heard screaming and saw Tiffany hanging out the window by a curtain. “He would testify that he ran up to the [defendant’s] apartment ***. And as he got to the door to their apartment he encountered the defendant whom he would identify in open court who was fleeing the apartment.” Norman entered the apartment and helped Tiffany back into the apartment. They located Ava and Andy hiding in the bathroom.

If Officer Skahill were called to testify, she would state that she arrested defendant on March 1, 1988, at 6 p.m. in an apartment at 1900 West Washington. Skahill and an assistant State’s Attorney interviewed defendant at the police station. Defendant told them that on February 28, 1988, she smoked a marijuana cigarette, then began to pray. “The defendant told her that she thought throwing Tiffany out of the window was a test to see if the defendant could get into heaven. The defendant thought she would be able to join Tiffany in heaven. She took Tiffany over to the window [and] Tiffany said, ‘Mama, I thought you loved me.’ The defendant stated, T do love you.’ And then she pushed Tiffany out the window. The defendant thought she had *** succeeded in throwing Tiffany out of the window to her death.” A laceration on defendant’s head was the result of the struggle with Tiffany.

The State then rested its case.

The defense then presented the stipulated testimony of three psychiatrists who had each previously examined defendant on behalf of the court.

If Dr. Gerson Kaplan, a forensic psychiatrist employed by the Psychiatric Institute, were called to testify, he would state that he examined defendant on June 6, 1988. (On March 31, 1988, the court ordered the Psychiatric Institute to examine defendant as to her mental condition and report to the court.) Based on his examination and his review of the police reports, Dr. Kaplan would opine that at the time of the offense defendant was legally insane and unable to conform her behavior to the requirements of the law due to the condition of brief reactive psychosis.

If Dr. Albert Stipes, a forensic psychiatrist employed by the Psychiatric Institute, were called to testify, he would state that he examined defendant on July 14, 1988. (On June 17, 1988, the court ordered the Psychiatric Institute to examine defendant as to her mental condition, including her fitness to stand trial and her sanity.) Based on that examination, Dr. Stipes would opine that defendant was legally insane at the time of the offense.

If Dr. Robert Reifman, a forensic psychiatrist employed as director of the Psychiatric Institute, were called to testify, he would state that on November 2, 1988, he examined defendant. (On October 17, 1988, the court ordered Dr. Reifman to examine defendant as to her mental condition and report to the court.) Based upon that examination, he would opine that defendant was legally insane at the time of the offense. She suffered a brief psychotic reaction which rendered her unable to appreciate the criminality of her act or conform her conduct to the requirements of the law.

Defendant then rested her case.

In rebuttal, the State called Dr. Werner Tutuer, a psychiatrist, to testify in court. (On August 23, 1988, the court granted the State’s motion for a third opinion “from outside of the Psychiatric Institute.”) Dr. Tutuer testified that he examined defendant on October 9, 1988. He had also reviewed the reports of Drs. Kaplan, Stipes and Reifman. He opined that she was legally sane at the time of the offense. She was able to conform her behavior to the requirements of the law. In addition, she was able to form intent. “[S]he had knowledge when she escaped after the incident.” Dr. Tutuer believed defendant was “under the influence of pot when this incident happened.” He was of the opinion that she “was in a drugged condition.” He diagnosed the condition of cannabis intoxication.

Dr. Tutuer testified that during his interview with defendant, she provided him with a background history which revealed that Ava was born when defendant was 15 years old. Tiffany was born two years later. When defendant was 21 years old, she moved out of her parents’ home with the two girls, and moved in with her boyfriend, who fathered her third child, Andy. In 1987, Tiffany informed defendant that the boyfriend had molested her. The boyfriend then moved out.

According to Dr. Tutuer, defendant disclosed to him that for 10 years she had been using marijuana and “restricted] [her]self to two intakes twice a week.” She reported no history of mental illness.

Defendant reported to Dr. Tutuer that on February 28, 1988, she smoked marijuana 15 minutes before the incident in question. Defendant reported that after she smoked the marijuana, she felt like “the world was coming to an end. And then she became confused. She has complete amnesia for the incident.” (Similarly, his written report states: “She had smoked one joint of pot approximately 15 minutes before the incident and stated that she felt the world was coming to an end. Now follows a period of confusion and there is complete amnesia regarding the window incident.”) Defendant also stated that Tiffany resisted and eventually was able to get back in through the window. Dr. Tutuer did not recall defendant saying anything about the intervention of a neighbor.

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Cite This Page — Counsel Stack

Bluebook (online)
592 N.E.2d 48, 228 Ill. App. 3d 12, 169 Ill. Dec. 561, 1991 Ill. App. LEXIS 2193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wilhoite-illappct-1991.