People v. Straub
Case Date: 09/25/1997
Court: 4th District Appellate
Docket No: 4-96-0340
IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from Plaintiff-Appellee, ) Circuit Court of v. ) Vermilion County WILLIAM F. STRAUB ) No. 92CF368 Defendant-Appellant. ) ) Honorable ) Richard E. Scott, ) Judge Presiding. _________________________________________________________________ JUSTICE McCULLOUGH delivered the opinion of the court: Following jury trial in the circuit court of Vermilion County, defendant William F. Straub was found guilty of second degree murder. Ill. Rev. Stat. 1991, ch. 38, par. 9-2(a). Defendant was sentenced to four years' imprisonment, with credit for eight days previously served. The issue on appeal is whether defendant was denied due process and the effective assistance of counsel because he was not provided a hearing to determine his fitness to stand trial and defense counsel never requested such a hearing. We affirm. On September 28, 1992, defendant was charged by informa- tion with aggravated battery of Danny Meyers. Ill. Rev. Stat. 1991, ch. 38, par. 12-4(b)(1). Defendant posted bond the same day. On October 9, 1992, a first-amended information was filed alleging three counts of first degree murder (Ill. Rev. Stat. 1991, ch. 38, pars. 9-1(a)(1), (a)(2), (a)(3)) in addition to a renewed charge of aggravated battery. At the October 21, 1992, arraignment, the defendant's attorney made the trial court aware of the mental health limitations defendant had as a result of a work-related injury. At the pretrial conference on September 24, 1993, the trial court noted the defendant had filed a copy of a letter from Dr. David G. Jarmon, a clinical psychologist, in an attempt to raise a bona fide doubt of defendant's fitness to stand trial. The letter indicated two separate examinations of defendant by Jarmon, on December 20, 1988, and April 30, 1993, at the request of the Disability Determination Office in Indianapolis, Indiana. The report indicated defendant suffered from significant dementia after being struck in the head by a concrete block in 1979. The trial court found no bona fide doubt had been raised, but allowed defendant to request to be examined prior to trial to determine his fitness to stand trial. An order for examination was entered on September 24, 1993. On October 20, 1993, defendant was examined by Dr. M.E. Stebbins. Defendant, in a motion to continue, also indicated he intended to submit for examination to Dr. Patrick D. Brophy. Although defense counsel indicated he had seen a copy of Stebbins' report, it is not in the record on appeal. In objecting to defendant's motion for continuance, the assistant State's Attorney indicated that the only information supplied to the trial court showed defendant fit to stand trial. On December 11, 1995, at a motions hearing, the defendant indicated he was scheduled to undergo surgery. He had been getting epidural shots in the spine for his back pain. He was also taking Demerol, Vicodin, Motrin, Septra, water pills, and quinine for cramps in his lower legs. The trial judge inquired as to the effect of these medications on defendant and whether it made it difficult for defendant to understand what he was saying. Defendant stated it did make it difficult to understand. He could read something four or five times before comprehending the first sentence. At that hearing, he understood the trial court wanted to know if he wanted Mike McFatridge to be his attorney. Defendant indicated he wanted McFatridge to be his attorney even though he understood McFatridge represented a possible witness for the State and would have to cross-examine that witness on defendant's behalf. The trial court also indicated it had received a letter dated December 7, 1995, from defendant's neurologist in reference to defendant's back pain. In that letter, she stated her opinion that defendant was presently unable to assist in the defense of his trial, but if he was off his pain medication, then defendant's normal impairments would also render him unable to assist at trial. The assistant State's Attorney questioned the neurologist's qualifications to make that determination. Defendant's counsel stated defendant was "not raising the issue of fitness," but was seeking a continuance because defendant was in pain and taking pain medication that would prejudice him. Defendant's attorney indicated he thought the surgery would alleviate the pain so defendant could drop the medication. Brophy interviewed defendant on February 3, 1993, February 10, 1993, and February 20, 1994. Finally, on February 5, 1996, defendant filed a copy of Brophy's February 5, 1996, report. Brophy's report makes no mention of any medication being taken by defendant. Brophy agreed with Jarmon's diagnosis of significant dementia secondary to the 1979 head trauma. Brophy found defendant's problem-solving skills were particularly inflexible and that he was often unable to evaluate novel tasks. Brophy indicated such persons typically do not function well under stress and are easily confused. However, in spite of the fact that one of the reasons for the referral was to assess defendant's capacity to stand trial, Brophy's report made no conclusion on that subject. On February 6, 1996, prior to the selection of the jury, the trial court inquired of defendant's counsel if he wanted to make a statement for the record concerning medication and defendant's fitness. Defendant's attorney stated that, if he believed there was a legitimate issue of fitness, he would be obligated to raise the issue, but he was not raising the issue at the present time. Defendant stated his medication had changed significantly in the previous three years and he was currently taking 100 milligrams of Demerol every 1 |