People v. Baez

• Decision Date: 25 February 2011
• Docket Number: No. 98911.,98911.
• Citation: 349 Ill.Dec. 165,241 Ill.2d 44,946 N.E.2d 359
• Parties: The PEOPLE of the State of Illinois, Appellee,v.Teodoro BAEZ, Appellant.
• Court: Illinois Supreme Court

241 Ill.2d 44

946 N.E.2d 359

349 Ill.Dec. 165

The PEOPLE of the State of Illinois, Appellee,

v.Teodoro BAEZ, Appellant.

No. 98911.

Supreme Court of Illinois.

Feb. 25, 2011.

Michael J. Pelletier, State Appellate Defender, Charles M. Schiedel, Deputy Defender, and Kim Robert Fawcett, Asst. Appellate Defender, of the Office of the State Appellate Defender, of Chicago, for appellant.Lisa Madigan, Atty. General, of Springfield, and Anita Alvarez, State's Attorney, of Chicago (Alan J. Spellberg and Jon J. Walters, Asst. State's Attorneys, of counsel), for the People.

[349 Ill.Dec. 171 , 241 Ill.2d 51] OPINION

Justice GARMAN delivered the judgment of the court, with opinion.

Defendant Teodoro Baez pleaded guilty to the murders of Juan Estrada and Janet Mena. The circuit court of Cook County found defendant eligible for the death penalty and, after weighing the evidence in aggravation and mitigation, sentenced defendant to death. On October 18, 2005, this court remanded the cause to allow defendant to file a late motion to withdraw his guilty plea. After an evidentiary hearing, the circuit court denied defendant's motion. His appeal lies directly to this court under Supreme Court Rule 603 (Ill. S.Ct. R. 603 (eff. Oct. 1, 2010)). For the reasons set forth below, we affirm his sentence.

BACKGROUND

The following background facts are drawn from the stipulated testimony in support of the factual basis for defendant's plea of guilty. On August 6, 1999, the body of Juan Estrada was discovered in a grassy area at 3542 West Carroll Street in Chicago. Estrada's legs were missing. On August 9, 1999, a human leg was recovered from the Chicago River at West North Avenue. Another leg was found shortly thereafter, and a left arm was also found nearby. The legs were later matched to Estrada, and the arm was later matched to Janet Mena. On August 10, 1999, Mena's body was discovered in a vacant lot at 1810 West Walnut in Chicago. The head and left arm had been severed and removed, but the head was found at the same location as the body. Mena's car was found parked near a restaurant in Berwyn on August 11, and Estrada's car was found at 3720 West Berteau in Chicago on August 12. Estrada's car had been ticketed at that location on August 10.

Dr. Joseph Lawrence Cogan, an assistant medical examiner, testified that he performed a postmortem examination of Juan Estrada. According to Cogan, the amputation of Estrada's legs appeared to be postmortem. Estrada's left shoulder had also been partially amputated. Cogan also found 24 incised wounds on Estrada's body. He explained that incised wounds

[349 Ill.Dec. 172 , 946 N.E.2d 366]

are elongated cuts created when a sharp instrument is drawn along the cut surface. Sixteen of the incised wounds were on Estrada's head, while the others were concentrated in the arms. Cogan described the arm wounds as “defense-type wounds.” Cogan also found 14 stab wounds, which differ from incised wounds in that they are “penetrating.” The stab wounds were on various parts of Estrada's torso, chest, and back. Estrada had also been shot twice, once in the right chest and once in the right back. Cogan opined that the cause of death was multiple injuries due to an assault.

Cogan also performed a postmortem on Janet Mena. Parts of Mena's body were “very decomposed.” In particular, Cogan described Mena's head as “half skeletonized” and not “recognizable visually.” A skull fracture on Mena's left side corresponded to a cut over her left ear, and Cogan opined that this was “some kind of a blow or chop injury with a sharp instrument.” He also found evidence of a blunt force trauma to the left side of the head and possible evidence of strangulation. On Mena's body, Cogan found four stab wounds to the back, along with several smaller cuts that he associated with the amputation of the head and arm. He also identified a wound in the posterior vaginal area that was associated with increased insect activity. Cogan noted that this increased activity suggested the presence of bleeding, which would indicate that Mena was still alive when the wound was inflicted. He also noted, however, that the wound itself gave no indication of whether it had been inflicted before or after death.

Defendant's Statement

Defendant was interviewed on January 30, 2000, at Area 4 Headquarters in Chicago. The videotape of this interview was admitted into evidence at defendant's guilty plea and at his sentencing hearing. The tape includes defendant's waiver of his right to counsel and his right to remain silent, including full Miranda warnings.

Defendant stated that he had arranged to meet Juan Estrada at around midnight on August 5, 1999, to buy heroin. Defendant met Estrada at a gas station near defendant's home, and directed Estrada to drive to defendant's home. Defendant had never seen Estrada's female passenger, Janet Mena, before. When they arrived at defendant's apartment building, Estrada and defendant went up to defendant's apartment while Mena waited in the car.

Once in defendant's apartment, defendant tried to give Estrada money for heroin. However, Estrada refused to accept the money because defendant owed him approximately $1,000. According to defendant, Estrada became “hostile,” calling defendant “bitch, asshole and punk.” Defendant began to feel “discomfort” because defendant “didn't understand why he would not cooperate.” Defendant also said that he felt “threatened by his words and his hostile body language,” which defendant said consisted of “tightening or tensing up of the muscles” and “waving of the arms.” However, defendant acknowledged that Estrada did not have any weapons on him, and that Estrada had done nothing threatening other than lifting his arms and yelling.

Defendant described what happened next: “At first I tried to negotiate with him and then when I felt negotiation was not possible, I reacted in a truly hostile manner and retrieved a small revolver, small caliber revolver from my waistband and shot Juan Estrada a couple of times.” Defendant could not remember how many times he had shot Estrada, but he said that Estrada began to scream. Defendant told him to “shut up and be quiet.” When defendant “ felt that the gun was no longer useful,” defendant took one of his swords

[349 Ill.Dec. 173 , 946 N.E.2d 367]

down from the china cabinet in his apartment. Defendant explained, “I was in a fit of rage and I was, I was paranoid that the gun was making too much noise and I had chose [ sic ] to kill Mr. Estrada.” When asked why he had decided to kill Estrada, defendant replied, “After I had shot him, I figured I was gonna die if I allowed him to live anyway because I was aware of his squad * * * and I did not want him to send them after me.”

Defendant stated that when he grabbed the sword, he intended to “[t]ake the life from Mr. Estrada,” and he began “hacking and stabbing” Estrada “numerous times.” “So many times,” defendant claimed, “that I can't even count.” While defendant was “chopping away at Juan Estrada,” Estrada asked defendant why he was doing it. Defendant told Estrada it was “because he was trying to turn some members of our organization against me.” According to defendant, Estrada was still standing when defendant began striking him with the sword, but he eventually fell to his knees, and defendant kicked him down onto the floor. When defendant believed Estrada was dead, he stopped stabbing him and began to wipe up Estrada's blood with some towels. Defendant told investigators that Estrada looked “gory,” with “many slashes” to his head and hands and “stab wounds to his body.” When asked why he had slashes on his hands, defendant explained that Estrada had tried to defend himself from the sword with his hands.

Once defendant had wiped up the blood around Estrada's body, he made himself “look presentable.” He then went downstairs so that he could “coerce the female into coming into the apartment,” because he was afraid that “she would be a witness to the last known place” of Estrada. He told Mena that Estrada “was gonna be awhile, would she like to come up,” and she agreed. After defendant allowed Mena to use his bathroom, he asked her if she wanted a drink. Defendant explained that he “cunningly closed the door to keep her from observing Mr. Estrada's death.” She accepted his offer of a drink, and when she turned her back defendant began to strangle her. Defendant told investigators that he “choked her until she was semi-conscious” and defendant “thought she was unable to defend for herself.” He said that he tried to choke her “until she was dead”—at least three minutes—during which time “[s]he was saying her final prayers. She was asking for the Lord or Jesus in small moans and grunts.” Defendant described what happened next: “And after * * * I had got done choking her, I stood above her and seen that she was still squirming for air so I began to kick her around her upper vertebras of her spinal cord to induce death.”

After kicking her neck, defendant dragged Mena into the bathroom. He then went back to Estrada and dragged him into the bathroom as well. He placed Estrada's body in the bathtub and began to run the water, “so that the blood could flush down the faucet.” Mena, however, was still alive and had “turned her attention away from God and was then calling for Juan.” Defendant picked Mena up and “threw her in the tub” on top of Estrada's body. According to defendant, Mena “still had some life in her.” He then “stabbed her a couple of times hoping that her blood would also drain down the tub.” “After a while,” defendant took Mena out of the tub and stripped her naked. He then placed her head in the toilet and stabbed “her brain stem,” flushing the toilet to allow “excess blood” to “drain down the toilet bowl.”

Once he believed both victims were dead, defendant decided to “remove both victims' heads.” Defendant stated that his intention was to dismember the bodies so

[349 Ill.Dec. 174 ,...