People v. Straub
State: Illinois
Court: 4th District Appellate
Docket No: 4-96-0340
Case Date: 09/25/1997
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
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