Nau, In re
| Decision Date | 04 December 1992 |
| Docket Number | No. 71903,71903 |
| Citation | 607 N.E.2d 134,153 Ill.2d 406,180 Ill.Dec. 240 |
| Parties | , 180 Ill.Dec. 240 In re Ralph NAU (The People of the State of Illinois, Appellant, v. Ralph Nau, Appellee). |
| Court | Illinois Supreme Court |
Roland W. Burris, Atty. Gen., Springfield, and Gary V. Johnson, State's Atty., Geneva , for the People.
John B. Lower and William E. Coffin, Elgin, of the Guardianship and Advocacy Commission, for appellee.
This case comes to us on appeal from two orders of the circuit court of Kane County. The first order, entered on December 11, 1989, found respondent, Ralph Nau, to be a person subject to involuntary admission and directed that he be committed to the Department of Mental Health Facility in Elgin, Illinois. The second order, entered on May 9, 1990, continued respondent's involuntary hospitalization in the Elgin facility for an additional 60-day period. Respondent appealed both orders, seeking reversal of both on the ground that the State did not comply with certain provisions of the Mental Health and Developmental Disabilities Code (the Code) (Ill.Rev.Stat.1989, ch. 91 1/2, par. 1-100, et seq.). The appellate court, after consolidating the two appeals, reversed both orders. (209 Ill.App.3d 805, 154 Ill.Dec. 407, 568 N.E.2d 407.) We allowed the State's petition for leave to appeal (134 Ill.2d R. 315).
The saga of events which led to the two commitment orders at issue in this appeal began in August 1984. On August 9, 1984, respondent was charged by indictment with the murder of his eight-year-old stepbrother, Dennis Gerken. Respondent was twice found unfit to stand trial on the murder charge. Accordingly, at respondent's request, a discharge hearing was held pursuant to sections 104-23 and 104-25 of the Code of Criminal Procedure of 1963 (Ill.Rev.Stat.1989, ch. 38, pars. 104-23, 104-25).
Section 104-23 provides that, upon a determination that there is no substantial probability that an unfit defendant will attain fitness within one year, the defendant may move for a discharge hearing pursuant to section 104-25. (Ill.Rev.Stat.1989, ch. 38, par. 104-23(a).) A discharge hearing, sometimes called an "innocent only" hearing, allows the defendant to test the sufficiency of the State's evidence of his guilt of the charged crime. The State and the defendant are permitted to introduce evidence relevant to the defendant's guilt. If the evidence does not prove the defendant's guilt beyond a reasonable doubt, the court must enter a judgment of acquittal. Following such an acquittal, the State may seek to have the defendant committed to the Department of Mental Health and Developmental Disabilities. If the hearing does not result in an acquittal, the defendant may be remanded for further treatment, but a conviction may not be entered. Ill.Rev.Stat.1989, ch. 38, par. 104-25; see also People v. Lang (1986), 113 Ill.2d 407, 445-46, 101 Ill.Dec. 597, 498 N.E.2d 1105.
Prior to the commencement of the discharge hearing, respondent moved to suppress certain statements he made to police regarding his stepbrother's murder. Following a hearing, the trial court granted the motion to suppress, finding that respondent was not sane at the time he was given Miranda warnings and that he therefore did not knowingly and meaningfully waive his rights prior to giving the statements. The suppression order was affirmed by the appellate court. People v. Nau (1988), 167 Ill.App.3d 338, 118 Ill.Dec. 109, 521 N.E.2d 177.
The discharge hearing was held on May 11, 12 and 15, 1989. On May 31, 1989, the trial court entered judgment for respondent, thereby acquitting him of the murder of Dennis Gerken. In reaching this decision, the trial judge remarked as follows:
Following respondent's acquittal, the State chose to seek respondent's involuntary commitment under the Code. Accordingly, on June 1, 1989, the State filed its initial petition for respondent's involuntary admission pursuant to article VI of chapter 3 of the Code (hereinafter article VI) (Ill.Rev.Stat.1989, ch. 91 1/2, par. 3-600 et seq.). A stipulated bench hearing on the petition was conducted on December 11, 1989. The trial court indicated that it had read and considered 12 stipulated items, including the transcripts of several earlier proceedings in the case and numerous psychiatric evaluations of respondent.
Following arguments of counsel, the trial court held that respondent was subject to involuntary admission. Accordingly, on December 11, 1989, the trial court ordered that respondent be admitted to the Department of Mental Health and Developmental Disabilities on an involuntary basis. Pursuant to section 3-813 of the Code, this order of admission would expire after 60 days. (Ill.Rev.Stat.1989, ch. 91 1/2, par. 3-813(a).) Respondent filed a timely notice of appeal from this order.
Thereafter, on February 9, 1990, the State filed a petition to continue respondent's involuntary hospitalization. A jury trial on the petition was held on May 7, 1990, at which 12 witnesses testified over two days.
Health specialist Sarah Berry testified that she saw respondent every day and met with him weekly for counseling. Respondent told Berry that he was in love with television stars and that he wrote to Vanna White. Respondent stated that game show hostess Vanna White communicated with him through the television. Respondent told Berry that he was in love with television personality Joan Lunden, who, respondent said, would divorce her husband and move in with him. Respondent also stated that Joan Lunden and other female stars would come and rescue him from the hospital. According to Berry, she had been unable to make any progress with respondent.
Respondent's social worker, Robert Hamlin, testified that respondent exhibited delusional behavior and low self-esteem. Respondent told him that female television personalities, including Vanna White, Linda Yu and Joan Lunden, were sending him messages through the television and would be coming to rescue him. Hamlin testified that respondent's thoughts were so distorted that they interfered with his daily functioning.
Chester Iwan, a lieutenant with the Lake County sheriff's department, testified that on the evening of August 8, 1984, he received a call regarding the disappearance of Dennis Gerken. Lieutenant Iwan spoke with respondent, Dennis' stepbrother, at his home regarding Dennis' disappearance. Lieutenant Iwan asked respondent if he knew where Dennis was, and respondent stated that Dennis must have gone with his mother. When the lieutenant found out that Dennis' mother was deceased, he spoke with respondent a second time and asked respondent to accompany him to the sheriff's department. At the sheriff's department, respondent told Iwan that he had buried a dog in an area near the barn. A police search of that area revealed the buried body of Dennis Gerken.
Lieutenant Iwan testified that he interviewed respondent again during the morning of August 9. At that time, respondent stated that he remembered hitting something with an axe. Respondent then related that he went to Dennis' room, helped him dress, and took him out of the house. Respondent stated that, while he was walking with Dennis, Dennis turned into an animal. Respondent stated that he struck the animal with an axe and buried it. Lieutenant Iwan testified that Dennis' body was found with deep lacerations in his head. The police seized the clothes and boots respondent had been wearing on the evening of August 8. The clothes had been laundered and the boots had been freshly scrubbed. Lieutenant Iwan further testified that an axe and a shovel were found at the locations where respondent said they would be found.
Dr. Jasmeet Sekhon, a psychologist, also testified at the commitment hearing. Dr. Sekhon stated that he had administered a series of tests upon respondent. The results of these tests indicated that respondent had a great deal of difficulty with reality and that he used a fantasy life for gratification. Dr. Sekhon also testified that respondent suffered from chronic schizophrenia, paranoid type.
Dr. Edith Hartman, a psychiatrist, testified that she also had evaluated respondent and had concluded that he suffered from schizophrenic paranoia. Dr. Hartman stated that respondent was a danger to himself and others, and that he could provide for himself only in a secured setting.
Dr. Syed Anwar, a psychiatrist at the Elgin Mental Health Center, testified that he had observed respondent, seen respondent's records and met with respondent every two weeks. Dr. Anwar opined that respondent suffered from paranoid schizophrenia. Dr. Anwar testified that respondent was obsessed with delusional thoughts and that his delusions had not changed since he was first hospitalized.
The prosecuting attorney at respondent's discharge hearing also testified at the commitment hearing. The prosecutor testified that, at the discharge hearing, the trial judge had suppressed some physical evidence and the inculpatory statements that respondent made to Lieutenant Iwan.
Various nonmedical witnesses testified that respo...
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