Robert St. Pierre v. Jonathan R. Walls, Warden, Menard Correctional Center

297 F.3d 617
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 29, 2002
Docket01-3480
StatusPublished
Cited by22 cases

This text of 297 F.3d 617 (Robert St. Pierre v. Jonathan R. Walls, Warden, Menard Correctional Center) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robert St. Pierre v. Jonathan R. Walls, Warden, Menard Correctional Center, 297 F.3d 617 (7th Cir. 2002).

Opinions

BAUER, Circuit Judge.

Robert St. Pierre committed two brutal murders for hire in 1982. St. Pierre was tried and convicted of the murders in Illinois state court in 1983. On direct appeal, the Illinois Supreme Court reversed the conviction and ordered a new trial based on the admission of an improperly obtained confession. People v. St. Pierre, 122 Ill.2d 95, 118 Ill.Dec. 606, 522 N.E.2d 61 (1988). On remand, St. Pierre accepted responsibility and pled guilty to the two murders in 1989, rather than face another trial. St. Pierre then exhausted his state post-conviction remedies, People v. St. Pierre, 146 Ill.2d 494, 167 Ill.Dec. 1029, 588 N.E.2d 1159 (1992), and sought federal habeas relief. The district court dismissed the petition for writ of habeas corpus finding five of the seven claims had been procedurally defaulted and the other two lacked merit. St. Pierre appealed, and we reversed the dismissal of six of the seven claims, concluding they were not procedurally defaulted. St. Pierre v. Cowan, 217 F.3d 939 (7th Cir.2000). On remand, the district court granted the petition in part, as to the sentencing phase, but denied it in all other respects. United States ex rel. St. Pierre v. Cowan, 2001 WL 1001164 (N.D.Ill. Aug.27, 2001). St. Pierre now appeals the partial denial of the petition, arguing that his counsel was ineffective at the pleading stage and that his guilty plea was not made knowingly and voluntarily. The State of Illinois decided not to cross-appeal the partial grant of the petition for the sentencing phase; thus, regardless of the outcome of this appeal, St. Pierre will receive a new sentencing hearing.1 For the following reasons, we affirm the denial of the remainder of the petition for writ of habeas corpus.

BACKGROUND

At age 19, Robert St. Pierre was involved in a brutal murder for hire scheme in 1982, just three weeks after he was paroled from prison. Subsequently, St. Pierre developed a friendship with a man named Barry Wilson. At the time, Barry Wilson was dating one Jackie Gibons. Wilson became angry with Jackie’s parents, Benjamin and Sybil Gibons, because [620]*620they had taken away Jackie’s credit cards and no longer supplied her with cash. This caused Jackie to be unable to supply Wilson with money, and so he devised a scheme to kill her parents.

Originally, Wilson planned on doing the job himself, and had even bought a gun. However, Wilson’s attempt at murder was thwarted when he fell through a window at the Gibons’ home and abruptly fled. Wilson told Jackie about the attempt and told her to clean up the mess he had made. Instead, Jackie told her parents about Wilson’s attempt, and they contacted the police.

A short time later, Jackie and Wilson met with St. Pierre in downtown Chicago to discuss hiring St. Pierre to commit the murders. They discussed the method, timing, and payment in detail. St. Pierre agreed that he would kill Benjamin and Sybil Gibons' for $500 up-front for each murder and $2,000 later (although as much as $10,000 was discussed). The plan called for St. Pierre to kill the Gibons at around 6 p.m. that evening.

St. Pierre later met with Jackie Gibons in an alley behind her workplace to verify that she still wanted the murders to take place. Reassured of Jackie’s intent, St. Pierre went to the Gibons’ home in Skokie, Illinois, at 6:30 p.m. Jackie introduced St. Pierre to her father (Sybil Gibons was not at home), and St. Pierre spoke with Benjamin Gibons for a while. Benjamin Gibons then proceeded into the kitchen and St. Pierre picked up a hammer, followed Benjamin into the kitchen and bludgeoned him to death. After Benjamin was dead, St. Pierre robbed him, taking all the money in his wallet. As planned, Jackie then called Wilson, who came over, and the three cleaned up the bloody kitchen, wrapped Benjamin Gibons’s body in a plastic bag, and placed it in the master bedroom.

At 7 p.m., Detective McLaughlin called the home looking for Benjamin Gibons to follow up on investigation of the murder attempt by Wilson. Jackie told the detective that her father was out and that she would have him return the call when he came home. At approximately 7:10 p.m., Sybil Gibons called and asked Jackie to pick her up at the Skokie Swift train station. First, Jackie drove Wilson to a hardware store to buy some plastic bags, sheets, and tape, and to a liquor store. Jackie drove Wilson back to her home, and then went to the station to pick up her mother. Upon arriving back at the home, Jackie let her mother enter the home first. As planned, St. Pierre was waiting in the hallway and he bludgeoned Sybil Gibons to death, hitting her on the head with a hammer as she walked through the front door of her own home. The killers cleaned up the blood and wrapped Sybil Gibons’s body in plastic. St. Pierre and Wilson punched a hole in the wall leading to the driveway, so they could load the bodies into the trunk without being seen. St. Pierre was to, accompany Wilson to dispose of the bodies in Arkansas (or California, accounts differ) and receive the rest of his money. St. Pierre then went home and waited to take the trip and collect his payment. Instead of picking up St. Pierre, Wilson drove the bodies to New Mexico where he buried them in a shallow grave.

A few days later Sybil Gibons’s sister contacted the police because Sybil had not been to work for several days. A detective was dispatched to the Gibons’ home and there he discovered evidence of the carnage that was not completely cleaned up by the killers. The detective also found a belt belonging to St. Pierre, bearing his name and prison identification number. The next day the police questioned Jackie Gibons and she gave the police a statement about the murders. The police then ap[621]*621prehended St. Pierre; Wilson was later arrested in Arizona.

St. Pierre was interviewed at the police station and given his Miranda warnings multiple times. Initially he wished to make a statement to the police, however, an assistant state’s attorney arrived to question St. Pierre before the police could obtain a statement. A court reporter was present, and from the colloquy reprinted in the Illinois Supreme Court opinion it appears that St. Pierre wished to make a statement, but was confused by the assistant state’s attorney rehashing the Miranda issue. After confusing himself and St. Pierre, the state’s attorney attempted to reaffirm his understanding that St. Pierre wished to give a statement without a lawyer. St. Pierre responded: “No, no. I don’t want a lawyer.” Thereafter, St. Pierre gave a statement where he admitted his role in the murders described above.

A. The First Trial & Appeal

A full and complete trial, including a mitigation hearing, was held in 1983. Initially, the defense counsel moved to suppress St. Pierre’s statement on the grounds that it was taken in violation of his Fifth Amendment rights. The motion was denied. After hearing all the evidence described above, the jury convicted St. Pierre on all counts and sentenced him to death.

Although it appears that St. Pierre actually intended to waive his right to counsel, the Illinois Supreme Court found that the confession was improperly obtained. Despite the overwhelming evidence of guilt, including the testimony of co-defendant Jackie Gibons, the court focused on the effect confessions have on juries and trial strategy, and reversed, concluding that it was not harmless error to admit the confession. The case was then remanded for a new trial.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hutcherson v. United States
E.D. Wisconsin, 2024
Hernandez v. United States
N.D. Indiana, 2024
United States v. Triplett
N.D. Illinois, 2022
Beach v. United States
N.D. Indiana, 2020
United States v. Renee Perillo
Seventh Circuit, 2018
Shun Warren v. Michael Baenen
712 F.3d 1090 (Seventh Circuit, 2013)
United States v. Mario Lomax
Seventh Circuit, 2013
Fulks v. United States
875 F. Supp. 2d 535 (D. South Carolina, 2010)
Owens v. Guida
Sixth Circuit, 2008
Christopher M. Stevens v. Daniel McBride
489 F.3d 883 (Seventh Circuit, 2007)
Watson, Svondo v. Hulick, Don
Seventh Circuit, 2007
Svondo Watson v. Donald Hulick, Warden, 1
481 F.3d 537 (Seventh Circuit, 2007)
United States v. Meraz-Virrueta
62 F. App'x 719 (Seventh Circuit, 2003)
Cabanilla v. Bates
52 F. App'x 336 (Ninth Circuit, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
297 F.3d 617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-st-pierre-v-jonathan-r-walls-warden-menard-correctional-center-ca7-2002.