People v. Glenn

• Decision Date: 24 August 1992
• Docket Number: No. 1-87-2524,1-87-2524
• Citation: 233 Ill.App.3d 666,599 N.E.2d 1220
• Parties: , 175 Ill.Dec. 206 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Herschel GLENN, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 1220

599 N.E.2d 1220

233 Ill.App.3d 666, 175 Ill.Dec. 206

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Herschel GLENN, Defendant-Appellant.

No. 1-87-2524.

Appellate Court of Illinois,

First District, First Division.

Aug. 24, 1992.

Randolph N. Stone, Public Defender of Cook County, Chicago (Frank Madea, Asst. Public Defender, of counsel), for defendant-appellant.

Jack O'Malley, Cook County State's Atty., Chicago (Renee Goldfarb, Asst. State's Atty., Marie Quinlivan Czech, Carol L. Gaines, Sp. Asst. State's Attys., of counsel), for plaintiff-appellee.

Presiding Justice BUCKLEY delivered the opinion of the court:

After a jury trial in the circuit court of Cook County, defendant Herschel Glenn was found guilty of murdering (Ill.Rev.Stat.1981, ch. 38, par. 9-1) and raping (Ill.Rev.Stat.1981, ch. 38, par. 11-1) Lillian Final. Defendant received sentences of natural life and 30 years imprisonment, respectively, on those convictions. Defendant's natural life sentence was predicated on a Kane County conviction involving the companion murder of James Wright.

Defendant makes the following allegations on appeal: (1) the State failed to prove defendant's sanity beyond a reasonable doubt; (2) the court erred when it refused to give defendant's tendered jury instruction on the consequences of a not-guilty-by-reason-of-insanity verdict; (3) the court erred when it allowed the State to present "other crimes" evidence; (4) the court erred when it denied defendant's motion to bifurcate the trial for separate hearings on the issues of insanity and guilt; (5) the court erred when it refused to give defendant's tendered jury instruction on voluntary intoxication where there was some evidence to support the giving of such instruction; (6) the court erred when it refused to allow a respiratory therapist's report to go to the jury room where such report supported defendant's insanity defense; (7) the State's violation of its discovery obligations denied defendant a fair trial when the State was allowed to present a psychologist's insanity opinion which had not been disclosed in the State's pre-trial discovery responses; (8) defendant's natural life sentence violates the separation of powers clauses of the Illinois and Federal constitution, violates Federal and State guarantees of due process and equal protection, and violates the eighth amendment's prohibition of cruel and unusual punishment. We affirm.

On the evening of May 7, 1982, defendant, an Elgin police officer, went to the Elgin Ramada Inn for a few drinks. Defendant's live-in girl friend, Robin Denise Mayo, did not accompany defendant.

Defendant remained at the Ramada Inn from 9 p.m. to 1:30 a.m. During this time, defendant ordered several drinks and made advances towards several of the Inn's female employees. Defendant followed one of the employees into the ladies room. Defendant was ultimately asked to leave the lounge. While in the lounge, defendant did not fall, lose his balance or appear intoxicated.

At approximately 1:30 a.m. the same evening, Lillian Final and James Wright left the home of Carolyn Miller in Wright's red El Camino to purchase pizza. Final and Wright never returned.

At approximately 2:45 a.m. the same evening, Elgin police officer John Darr was patrolling through Lord's Park in Elgin. He observed two vehicles; one vehicle, a red El Camino, had on its interior lights. Darr returned 20-25 minutes later and observed the same El Camino again. Darr ran a registration check on the vehicle and learned that it belonged to Spencer Wright. Darr searched the park area for the vehicle's occupants because the car's interior light remained on and the keys were in the ignition. Darr found a woman's purse on the passenger floor containing the identification of Lillian Final. Darr also found a jacket and wallet belonging to James Wright on the driver's seat.

At approximately 2:15 a.m., Ronald Begin, who lives one block from the Stewart Warner plant in Elgin, heard a series of gunshots. The Stewart Warner plant is three-fourths of a mile from defendant's apartment. Near that time, defendant returned to the apartment he shared with Mayo and told her he had been shooting raccoons. Defendant took off his shirt, and Mayo noticed that defendant's shirt was covered with blood. Defendant put on a clean shirt and got more bullets from the closet. Defendant then left and returned at 3:30 a.m. to go to sleep.

At approximately 3-3:30 a.m., Scott Burns and Charles Freeman were en route to Burns's house in Elgin when they saw a man, later identified as defendant, a car and a body near the "Skorberg" store. Defendant was standing over the body. When defendant saw them, he walked towards them, got in his car, and drove towards the body. Burns and Freeman went home, called the police and returned to the scene. Kathleen Iluebke, who lived 600 feet from the Skorberg store, testified that she heard a series of gunshots at 3:10 a.m. Robert McHenry, who lived nearby, also testified that he heard a series of gunshots coming from that area. The Skorberg store is approximately two and one-half blocks from defendant's apartment.

Kane County police officer Joseph Chavez proceeded to the Skorberg store at approximately 3:58 a.m. on May 8, 1982. Upon his arrival, Skorberg found the lifeless body of a fully dressed, white male, who Chavez later determined to be James Wright. The victim had received seven gun shot wounds, with three to the head and four to the right shoulder. The cause of death was determined to be multiple gun shot wounds to the head.

Defendant's Elgin police star and other identification were recovered within 12 feet of Wright's body. At 4:30 a.m., defendant telephoned the Elgin police department and reported his police badge missing. Elgin police officer James Kelly was dispatched to defendant's home at this time. Kelly found defendant's car in the parking lot and noted that the car's hood was still warm.

At 6:30 a.m. on May 8, 1982, defendant was expected for roll call as he was on duty that day. When he failed to appear, Lieutenant Kelahan of the Elgin police department telephoned defendant who said he would be in as soon as possible. Officer Kelly followed defendant from his home to the station. Upon defendant's arrival, fellow officers approached defendant and removed his gun and nightstick. Defendant later told Officer Kelly that he had a problem and was worried about getting in trouble with the department. Defendant told Kelly that he had gone to Lord's Park to the lower lagoon parking area and taken target practice on a large tree. Defendant later stated to another Elgin police officer that he had gone out drinking and was in the wrong place at the wrong time with the wrong people and was now in trouble. Defendant signed consent forms to search his car, apartment and locker.

After being apprised of his Miranda rights, defendant told Detective Robert Cannon of the Kane County sheriff's department that he had gone to the Ramada Inn on May 7, 1982, at approximately 7-7:30 p.m. Defendant socialized with acquaintances until about 2 a.m. At that time, he drove up and down Interstate 90 and then Route 25 and went home at 3 a.m. Defendant told Cannon that he carried a Beretta semi-automatic pistol while he was at the Ramada. When told his car had been spotted at the Skorberg store, defendant denied going behind the store, stating that he only passed by. When told that his badge had been found next to a homicide victim, defendant said he did not know where he had lost it. Ten minutes later, defendant told the detective that he wanted to tell them what really happened.

Defendant recounted that he left the Ramada at 2 a.m. and went home to exchange his .25 caliber for a .38 snubnose revolver. Defendant told his girl friend that he was going to shoot raccoons. Defendant then said that because he had no extra ammunition when he left for the park and had not hit any raccoons, he drove back to the east side of Elgin via Interstate 90. Along the way he picked up a white female hitchhiker who was 19 years old, about five and one-half feet tall, with shoulder-length brown hair, and wearing jeans and a flannel shirt.

They pulled into Skorberg's lot where the girl performed oral sex upon defendant. When told that witnesses had seen a body, defendant replied, "they couldn't have seen the body * * * because there was no body." Defendant then said that he dropped the girl off in Carpentersville and got home at 4 a.m. Defendant was then shown a photo of a male victim, said he did not recognize him and later said, "I didn't smoke that guy."

At approximately 9 a.m. the next morning, Elmer Lauffenberger, a local farmer, was planting corn on land behind the west side of the Stewart Warner plant in Elgin. Lauffenberger discovered an unclothed female body in the field. The body had on socks and shoes, and there was something around the victim's neck. Lauffenberger called the police.

Elgin police detective Wayne Henke arrived at 10:45 a.m. and observed a female body laying on her back. A white bra was around her neck and assorted clothing lay near her body. The victim, identified as Lillian Final, had received three gun shot wounds to the head and one each to the abdomen and thigh. Blood and hair samples, as well as vaginal and rectal swabs were recovered.

Kane County sheriff detective Anderson proceeded to defendant's apartment where he conducted a search as authorized by the consent-to-search form that defendant had previously executed. Anderson recovered a .38 snubnose revolver, a blue sport coat, beige jacket, jeans, a green sports shirt and a beige shirt. Anderson found in defendant's jeans pockets a Ramada Inn receipt, a live round of .38 caliber ammunition, and three spent .38 casings.

Ballistics evidence established that defendant's .38 caliber fired the bullets recovered from the bodies of both Wright and Final. This same gun also fired...