Defendant had sold him a car previously owned by John Szyc, who was later discovered to be one of defendant's victims. In their brief, amici curiae, 60 in number, argue that the death penalty is per se unconstitutional. Apparently referring to one of his four personalities, defendant told police that "Jack does not like homosexuality." Defendant first argues that the following remark helped to deny him a fair sentencing hearing: "I will be frank with you, ladies and gentlemen, as a citizen of the State of Illinois myself, I don't want to pay this guy's rent for the rest of his life." While many labels were placed on defendant's mental condition, all of the People's experts characterized defendant's defect as a personality or character disorder. Although Dr. Rappaport was precluded from testifying concerning statements made by defendant about his life history or why he behaved in a particular manner, he explained, in a narrative form, defendant's developmental history as compiled in police reports and interviews with defendant's relatives and childhood friends and how events have influenced his development. Defendant contends next that the People improperly insinuated that defense counsel and defendant had concocted the insanity defense the night before defendant's arrest. 2d 345, 353, 85 S. Ct. 1365, 1371. 4(b); 87 Ill.2d R. 603). Jeffrey tait un rsident de Louisville, dans le Kentucky, lorsqu'il se rendait dans un bar gay de Chicago, dans l'Illinois, en mars 1978. Stephan Gibbs - April 17, 2023 Are Matt Blankinship and Frannie Marin From Survivor Season 44 Still Together? Although the ring did not bear Piest's initials, the police officer conducting the search may not have immediately noticed the initials on the ring, and, in any event, the police were aware, at this time, that defendant could very well be a habitual sex offender and that more than one victim could be involved. 614.) Second, defendant asserts that the circuit court erred when it refused to permit defense *77 counsel to question Dr. Hartman concerning whether he had diagnosed anyone as "borderline" in the previous 28 years. When Donnelly regained consciousness, defendant removed the gag from Donnelly's mouth and Donnelly told him that if he was going to kill him, to just do it and get it over with. The jury was informed that Dr. Cavanaugh's and Dr. Fawcett's reports referred to alcohol and drug abuse. 1979, ch. Rignall testified about his rape and torture, at one point becoming overwhelmed and sick while recounting the details. Many witnesses indicated that the only reason defendant was involved in charitable or political work was in order to manipulate others or gain advantage for himself. Stat. Furthermore, much of the hearsay information was received, not from an undisclosed professional informant, but from the victim's mother. We need not address all these assertions, as we find that Dr. Garron had a sufficient factual basis for his opinion. For example, referring to defendant as an "admitted homosexual" could give the reader a negative attitude towards the defendant which could make it difficult for that reader to objectively view the remaining information contained in the article. We find no error. Within less than a month, they spotted Gacys car, andtrailed him. In describing the disposal of Robert Piest's body, defendant told Investigator Bedoe that he had to make "two or three passes" at the bridge where he was going to throw the body in the river before the bridge was clear of other traffic. Danner told Oxygen.com that Rignall's life" was very difficult for him after the incident, after the assault." On this record the instruction was sufficient to render harmless any effect which the testimony may have caused, and we find no error which warrants reversal. It is a guess." It was within the province of the trial court to determine that whatever probative value this information had was outweighed by the danger of the defendant's being convicted by statistics rather than by the evidence in the case. Defendant complains that this procedure allowed the jurors to be exposed to media coverage of the case, and to discuss the case with their family members and friends. Human interest stories were particularly prevalent in the Chicago area, but not in the outlying counties. Defendant has not shown, however, how he was prejudiced by the lack of such a report. Lawrence Finder, an assistant State's Attorney, testified that defendant was emphatic about the fact that there were no bodies buried underneath his driveway. We disagree that any improper seizure concerning the television set occurred since the television set was not seized. Defendant stated that he did not use the lime to speed up decomposition of the bodies, but rather used muriatic acid for this purpose. The third principle was called "the law of proximity" and basically means that two concepts, when placed in close proximity, will be viewed as a psychological unit. Moreover, defense experts were able to explain how the events of defendant's childhood and adolescence, as corroborated by numerous friends and relatives of defendant, affected defendant's development. He ruled out the possibility of 33 brief psychotic episodes because, "in each instance that I am aware of, at no time was Mr. Gacy out of touch with reality." 2d 142, 85 S. Ct. 223; United States v. McNally (3d Cir.1973), 473 F.2d 934.) Jeffrey Rignall was visiting Chicago from Louisville, Kentucky, in March 1978. The sentences were stayed (87 Ill.2d R. 609(a)) pending appeal to this court (Ill. Const. Defendant, Freedman explained, was at a very low point in his life, as he was a failure as his father had always predicted, and he would no longer be able to redeem himself. Defendant argues that the assistant State's Attorney's statement "that the psychiatric institute testified on behalf of defendants 75% of the time" was not based on facts in evidence. Once inside, Gacy tortured the young man, tying him up and repeatedly beating, raping, and chloroforming him. On cross-examination, Dr. Eliseo stated that after defendant had committed the crime, he would understand that what he did was wrong, but at the times of committing the crimes, he was not aware of the criminality of his act. That he confessed to 30 murders also supports the inference that he was aware that his conduct was criminal. Defendant's sister stated that their father had a Dr. Jekyll and Mr. Hyde type personality. Defendant told Finder that he usually killed his victims for one of two reasons: because the victim demanded more money than originally agreed upon or because they posed a threat to him by exposing his sexual preferences to his neighbors. SHARE. He then choked Donnelly until he lost consciousness. Even assuming that Dr. Freedman's clinical *64 findings were correct, Dr. Heston explained, Dr. Heston still would not be able to conclude that defendant could not conform his conduct to the requirements of law, because he was unable to find a causal link. Rignall was a witness for the defense after all, and they definitely would've cross-examined Rossi (who was a witness for the prosecutors). Again, in both these areas the impact in Cook County was much greater than in the other counties of the State. Third, "human interest" stories focused on an individual's involvement in the case rather than the actual facts of the case. Create your free profile and get access to exclusive content. Dr. Cavanaugh, who used an eclectic approach to psychiatry, believed that the psychoanalytic approach was useful in diagnosing the cause of a patient's problem, but that the approach was not useful in assessing criminal responsibility. The record shows that when defense counsel protested the inadequacy of the questioning the court asked a number of additional questions. ET. ce moment-l , John est venu dans sa voiture et lui a offert un tour et de la marijuana. Several of the life and death witnesses *46 testified that the victims were not homosexuals, but had steady girl friends, had just begun to date girls, or had plans to marry. In March 1977, Jeffrey Rignall accepted a ride and an offer of marijuana from John Wayne Gacy, only to be chloroformed as soon as he got into the vehicle. Defendant argues that any of the expert witnesses who testified for either side should have been examined at the sentencing hearing on this point. "Justice on Trial" will examine controversial topics often subject to . The defendant shall be executed by a lethal injection, in the manner provided by section 119-5 of the Code of Criminal Procedure of 1963 (Ill. Rev. Now, Peacocks new docuseries, Alexa Danner, executive producer of the docuseries echoed that sentiment, telling, In December of 1978, following the disappearance of 15-year-old, Rignall and Wilder published 29 Below a book about the attack and the couples subsequent investigation into Gacys identity in 1979. Defendant contends that it was error to permit the People to both open and close final arguments at the death penalty hearing. Wilder describes the horrifying injuries Rignall suffered from the attack. According to People Pill, his reported cause of death was . More posts from r/serialkillers 603K subscribers Golfer345 3 days ago Defendant then took the handcuffs off, asked Donnelly for his wallet, examined the wallet, and then told him to put the handcuffs back on. The father left, and when the police arrived they advised them to leave the home for a few days until things calmed down. Amici's central argument is premised on the accuracy of the statistical data which they cite in support of their contentions. The People presented several witnesses who described defendant's conduct while incarcerated at Anamosa in Iowa. Defendant concedes that this court in People v. Gaines (1981), 88 Ill. 2d 342, 372-74, held that a presentence investigation report is not required in capital murder cases. In many instances, defendant had no other questions to ask of the jurors. Because Piest "became frightened" defendant worried that he might tell somebody what had happened, so he performed the "rope trick" on Piest. He stated to Cram and Rossi that on the preceding night he had confessed more than 30 killings to his lawyers. Dr. Reifman did not believe that defendant's speech was characterized with "loose associations," but rather was the result of his overt lying. The People, in opening statement, reviewed the facts of the case as revealed by the investigation conducted by the Des Plaines police department and others and then described in detail several of the murders as recounted by defendant in his confessions. We agree with the People that the defendant's request was, in effect, an attempt to substitute public opinion polls for *44 the process of voir dire. Defendant suggests: Defendant asserts that there was insufficient information to support a finding of probable cause that evidence of the crime of unlawful restraint might be found in the places designated to be searched. Stat. While it is true that prospective jurors may be reluctant to discuss their attitudes towards homosexuality, or prior dealings with the criminal justice system, this danger may exist in any voir dire, and the presence of the news media was not reason enough to close the proceedings to the public. During his testimony, Rignall said there was a third person in the house during his torture. The testimony shows that "borderline personality disorder" was given that designation for the first time in DSM III (Diagnostic Statistical Manual III), which was approved and adopted by the American Psychiatric Association while this case was being tried. The police assumed that Jeffs encounter with Gacy was a consensual arrangement, he says. Acknowledging that the People would have to call these newsmen on rebuttal, and that there might be some problem with "the newsmen privilege," the court ruled: "I feel that it is on such an insignificant point that it would not be worth the legal ramifications of attempting to put in that rebuttal, so I would instruct the State not to put in that rebuttal, and I will instruct the jury to disregard anything regarding that." The first principle was the "primary-recency effect," or the concept that the news best remembered was that first received and most recently received. Defendant also complains that a knowing and intelligent waiver of his right to have time to prepare for sentencing should have been placed on the record. We note that defendant did not attempt to correct the judge when the incorrect version of the instruction was read. However, we conclude that reversal is not required under the facts of this case. We find no error in the circuit court's refusal to allow funds for this expenditure. Prior to his arrest, defendant had stated to the police officers who were following him that "clowns can get away with murder." Coverage of the latest true crime stories and famous cases explained, as well as the best TV shows, movies and podcasts in the genre. No objection was made to this argument, and the issue is therefore waived. As noted in Gregg, the determination of whether capital punishment is a deterrent to certain types of murders such as those enumerated in the Illinois death penalty statute is an issue the resolution of which properly rests with the General Assembly. Dr. Ney explained that in all these categories, there was "more of this type of emotionally impacting material" in Cook County than in any of the other outlying counties. She testified that her husband was very critical of defendant and never showed any affection towards him. He was put to death in 1994. Stat. We also note that the Supreme Court has upheld a death sentence notwithstanding the consideration by the sentencing court of a nonstatutory aggravating factor. The court then instructed the jury to disregard any remarks concerning *82 this matter. Dr. Freedman diagnosed defendant as a pseudo-neurotic paranoid schizophrenic. The court granted defense counsel's motion for change of venue, specifically finding that there was "a substantial decrease of publicity outside of Cook County, perhaps strikingly so," and that even though publicity would be generated in whatever county the jury selection was conducted, this was the best method of insuring a fair trial for defendant. 1770.) The People argued that if Dr. Freedman did not use a term which is listed in the current diagnostic and statistical manual, and if the psychiatrists could not agree on which terms to use and what those terms mean, then it would be difficult or impossible for them to communicate with each other and, more importantly, with the jury. (People v. Szabo (1983), 94 Ill. 2d 327, 355.) Get free summaries of new Supreme Court of Illinois opinions delivered to your inbox! (Ill. Rev. As the People point out, with or without the convictions, the jury still would have been exposed to defendant's confession which detailed the assault on Piest. Here, Lieutenant Kozenczak's complaint indicated that he had information concerning the suspect's criminal history and had discovered a significant pattern of sexual misconduct involving young men. In People v. Noble (1969), 42 Ill. 2d 425, 432-35, the court held that psychologists could testify as to the psychological tests they administered, such as the Bender visual motor test, the Rorschach test, and the Thematic Apperception test, and could testify as to the results of those tests. I will be good." Fourth, defendant argues that the assistant State's Attorney improperly implied that the success of defendant's expert witnesses' private practices depended upon finding defendants insane where there was no evidence to support this implication. Dr. Freedman testified that his diagnosis was consistent with a diagnosis of borderline personality and that the schizophrenic process was at the borderline and "breaks out in flowered symptomatology from time to time when the stress gets too high." Several members of defendant's family and childhood friends testified concerning defendant's past. The circuit court's response was that the prospective jurors themselves would reveal their own opinions during voir dire. Dr. James Lewis Cavanaugh, a psychiatrist, testified that, when he went to interview defendant, defendant insisted that he sign a document which precluded the use of his notes by the court or by lawyers. Defendant argues that an expert may not state an opinion when there is no factual basis to support his finding, and since Dr. Garron specifically testified that he was not asked to examine defendant for nonorganic brain disorders, no factual basis existed. Defendant also complains that his trial counsel made an incompetent closing argument. Based on the facts and the hypothetical question, Dr. Eliseo stated that defendant suffered from a mental disease, paranoid schizophrenia, that this condition existed continuously and uninterruptedly in defendant between January 1, 1972, and December 21, 1978, and that because of this mental disease he lacked the substantial capacity to conform his conduct to the requirements of the law and appreciate the criminality of his conduct. Richard Westphal, who worked for defendant when defendant was the manager of several Kentucky Fried Chicken stores in Iowa, testified that defendant allowed him to sleep over at his home one night, that defendant told him he could sleep with his wife in exchange for a "blow job," that defendant's first wife came in to the room where he was sleeping and made love to him, and that defendant walked in and stated, "See, I caught you, now *60 you owe me a blow job." He told Donnelly, "My, aren't we having fun tonight?" (People v. Moretti (1955), 6 Ill. 2d 494, 532.) The book's first run sold through its 5,000 copies, and another release was planned. The proposal was submitted by the National Jury Project and explained in detail the purpose of the survey and the manner in which it was to be conducted. As he did, defendant hit him with a hammer. 1979, ch. Defendant then drove off. On cross-examination, Ried stated that he might have had an argument with defendant before this incident occurred. During 13 days of testimony the prosecution questioned 60 witnesses. The People contend *109 that while the death penalty may not deter a crime of passion, the death penalty in Illinois is not applicable to such a crime, but may very well provide the deterrence for a criminal who wishes to eliminate potential witnesses, the murderer who kills people in exchange for money, and other premeditated murderers. He testified concerning defendant's anxiety regarding his sexual identification and his anger at being called a homosexual, and that defendant showed no emotional affect when he described the stabbing of his first victim. *65 He explained that the process of tricking his victims into the handcuffs and tying intricate knots on the ligatures used for the "rope trick" required "cognition, thoughtfulness, reasonable behavior." Defendant raises 14 issues concerning the presentation of his insanity defense to the jury.
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