People v. Heard

Case Date: 12/31/1969
Court: Supreme Court
Docket No: 81443

Docket No. 81443

Agenda 1

November 1998.

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. DELBERT HEARD, Appellant.

Opinion filed June 17, 1999.

JUSTICE BILANDIC delivered the opinion of the court:

Defendant, Delbert Heard, was charged in the circuit court of Cook County with 12 counts of first degree murder, 6 countsof home invasion, one count of residential burglary, and one count of burglary. These charges related to the November 11,1992, murders of Natalie Wilson, Kenneth Seals, and Zita Jones. Prior to defendant's trial, the State nol-prossed threecounts of murder, three counts of home invasion, the residential burglary count, and the burglary count. The jury returned averdict of guilty against defendant on three counts of first degree murder, and the trial court entered judgment on thesecounts. The jury returned a verdict of not guilty on the home invasion counts. Defendant filed a post-trial motion forjudgment of acquittal or a new trial. The trial court denied defendant's motion.

Defendant waived a jury for the death sentencing hearing. The trial court found defendant eligible for the death penaltybased upon the statutory aggravating factor that the defendant murdered two or more individuals. 720 ILCS 5/9-1(b)(3)(West 1992). After considering evidence in aggravation and mitigation, the trial court found no mitigating factors sufficientto preclude imposition of the death penalty and sentenced defendant to death.

Defendant's death sentence has been stayed pending direct review by this court. See Ill. Const. 1970, art. VI,