People v. Hall

• Decision Date: 01 December 2000
• Docket Number: No. 86168.,86168.
• Citation: People v. Hall, 743 N.E.2d 126, 195 Ill. 2d 1, 252 Ill.Dec. 552 (Ill. 2000)
• Parties: The PEOPLE of the State of Illinois, Appellee, v. Anthony HALL, Appellant.
• Court: Illinois Supreme Court

743 N.E.2d 126

195 Ill.2d 1

252 Ill.Dec. 552

The PEOPLE of the State of Illinois, Appellee, v. Anthony HALL, Appellant.

No. 86168.

Supreme Court of Illinois.

December 1, 2000.

Rehearing Denied January 29, 2001.

Charles M. Schiedel, Deputy Defender, Office of the State Appellate Defender, Springfield, for appellant.

James E. Ryan, Attorney General, Springfield, and Charles Reynard, State's Attorney, Bloomington (Joel D. Bertocchi, Solicitor General, and William L. Browers and Rebecca Zavett, Assistant Attorneys General, Chicago, of counsel), for the People.

Justice FREEMAN delivered the opinion of the court:

Following a 1984 bench trial in the circuit court of McLean County, defendant, Anthony Hall, was convicted of murder. Ill.Rev.Stat.1983, ch. 38, par. 9-1(a). At a separate sentencing hearing, the court, sitting without a jury, found defendant eligible for the death penalty and further determined that there were no mitigating circumstances sufficient to preclude imposition of that sentence. Pursuant to defendant's subsequent petition for a writ of habeas corpus, the United States Court of Appeals for the Seventh Circuit ordered that defendant receive a new sentencing hearing. Hall v. Washington, 106 F.3d 742 (7th Cir.1997).

The circuit court of McLean County held a new sentencing hearing. A jury determined that there were no mitigating circumstances sufficient to preclude imposition of the death penalty. Accordingly, the court sentenced defendant to death. The death sentence has been stayed pending direct review by this court. Ill. Const. 1970, art. VI, § 4(b); 134 Ill.2d Rs. 603, 609(a). We affirm.

BACKGROUND

The record contains the following pertinent facts. On February 8, 1983, the body of the victim, Frieda King, was found in a closet next to a walk-in freezer at the Pontiac Correctional Center. She had been stabbed to death. At the time of the murder, the victim had been the civilian supervisor of the inmate kitchen, where defendant had been working as a clerk. After an investigation, defendant was charged in the circuit court of Livingston County with the murder.

Following a change of venue to McLean County, the circuit court convicted defendant of murder and imposed the death penalty. On direct review, this court upheld defendant's conviction and sentence. People v. Hall, 114 Ill.2d 376, 102 Ill.Dec. 322, 499 N.E.2d 1335 (1986), cert. denied, 480 U.S. 951, 107 S.Ct. 1618, 94 L.Ed.2d 802 (1987). Defendant subsequently petitioned the circuit court for relief pursuant to the Post-Conviction Hearing Act (Ill. Rev.Stat.1989, ch. 38, par. 122-1 et seq.). Following an evidentiary hearing, the circuit court denied defendant's petition and this court affirmed. People v. Hall, 157 Ill.2d 324, 193 Ill.Dec. 98, 626 N.E.2d 131 (1993), cert. denied, 513 U.S. 999, 115 S.Ct. 507, 130 L.Ed.2d 415 (1994).

The United States District Court for the Central District of Illinois denied in full defendant's petition for a writ of habeas corpus. Hall v. Washington, 916 F.Supp. 1411 (C.D.Ill.1996). However, the United States Court of Appeals for the Seventh Circuit reversed in part, holding that defendant "received ineffective assistance of counsel at his capital sentencing hearing and that he must be granted a new sentencing hearing." Hall v. Washington, 106 F.3d 742, 753 (7th Cir.1997).

The circuit court of McLean County held a new sentencing hearing. Prior to the first stage thereof, defendant moved to stipulate that: he had attained the age of 18 years at the time of the murder of which he was convicted, and that the murder victim was a Department of Corrections employee who was killed in the course of performing her official duties. See Ill. Rev. Stat. 1983, ch. 38, par. 9-1(b)(2). The trial court granted defendant's motion and, based thereon, found that he was eligible for the death penalty.

At the second stage of the capital sentencing hearing, a jury heard evidence in aggravation and mitigation. We recount the aggravation evidence that the State presented in the order that the events occurred.

One morning in September 1975, defendant, age 16, approached Kathy Ford Washington as she was on her way to work. He asked her for the time. When she looked up from her watch, he was displaying a handgun. He demanded her money and became upset upon discovering that she did not have much. He forced her to walk into a vacant building, where he raped her at gunpoint. He eventually pled guilty to armed robbery and was sentenced to a prison term of four years.

In October 1975, defendant entered the bedroom of Denise Smith and her sister Hermie. He raped and robbed each at gunpoint. He eventually pled guilty to rape and was sentenced to a four-year prison term.

Defendant was incarcerated in a juvenile detention facility until he was 18, at which time he was transferred to Menard Correctional Center. There, in February 1978, a large fight began during a lunch period, which grew to involve as many as 30 inmates. Defendant held an inmate while two others beat, kicked, and twice stabbed the inmate. As discipline, defendant lost one year of good-time credit on his sentence. Defendant was imprisoned for approximately three years. One afternoon in November 1980, Alfreda McIntosh was walking down a street. Defendant called out to her, asking if he knew her. McIntosh replied in the negative and walked faster. Defendant ran to her, put his arm around her, and held a knife to her. Upon his demand, McIntosh gave defendant her money.

Defendant directed McIntosh at knifepoint to a building; she refused to enter. Defendant then took her around the side of the building and forced her to sit on some stairs. Defendant then ordered McIntosh to pull down her pants. As she stood to do so, she grabbed defendant's knife. A struggle ensued, in which McIntosh was cut. Defendant overpowered her, retrieved his knife, returned her to the stairs, and repeated his demand. When she complied and ceased struggling, defendant lost his erection and could not penetrate her.

The State elicited from McIntosh that the attack had long-term effects on her. She found it difficult to be around men, especially in trains, buses, and elevators.

Defendant was eventually indicted on several charges relating to the McIntosh attack, tried, and convicted of armed robbery and armed violence. He was sentenced to a prison term of 40 years.

Defendant was serving this sentence when, on February 8, 1983, he murdered the victim in this case. Through witnesses and exhibits, the State recounted its case against defendant at the guilt phase of his trial. See Hall, 114 Ill.2d at 392-98, 102 Ill.Dec. 322, 499 N.E.2d 1335.

In July 1983, a female correctional officer delivered books and magazines to defendant in his cell. Defendant made a lewd comment and exposed himself to her. A few days later, defendant asked the officer to deny the incident and retract her report. He feared that the incident would be used against him at his murder trial.

Attorney Steven Skelton testified to an incident that occurred at defendant's trial. On February 24, 1984, immediately prior to opening statements, defendant requested to proceed pro se and asked for a continuance to prepare his defense. The trial judge brought defendant; his two defense counsel, Skelton and David Ahlemeyer; and a court reporter into a conference room adjoining the courtroom. They were discussing defendant's representation when defendant struck Skelton on the head with a chair, threw the chair at Ahlemeyer, and then punched the trial judge on the head. See Hall, 114 Ill.2d at 389-90, 102 Ill.Dec. 322, 499 N.E.2d 1335.

Later that day, defendant was taken from the courthouse to the Logan Correctional Center. He was the lone inmate in the prison's segregation unit. After about an hour, defendant questioned why he was the only inmate there, grew afraid that he would be beaten, and became very agitated. He wrenched a nine-foot piece of steel from his cell wall and wrecked his cell, screaming that he had to leave. After about an hour he calmed down.

In January 1985, a correctional officer heard defendant state that he wanted to decapitate the warden of his prison, even if it meant receiving another death sentence. Defendant explained to the correctional officer that the warden had told lies about defendant. The incident was reported, but defendant was not disciplined.

On three occasions, in June 1987, May 1989, and February 1990, defendant had sexual contact with female visitors in prison visiting rooms. In August 1994, defendant masturbated in front of a female correctional officer and ejaculated on one of her shoes.

Also, a sister of the victim presented victim impact testimony. The victim came from a family with originally 13 siblings. One sibling died as an infant and the victim was only the second sibling to die. The victim was very close to her siblings; she was more like a mother to them.

The victim had seven children, all living at the time of her death. She also had six grandchildren, three of whom were born after she was killed and whom she would never meet. She was a loving mother and grandmother. The victim's youngest son and one of her brothers lived with the victim in her house. She cared for them and made a home for them.

The victim was very proud of and active in the Veterans of Foreign Wars. She carried the flag in every parade. She bought a rabbit suit with her own money to entertain children at various functions.

The victim was not afraid of working in a prison. She believed that the inmates would never hurt her. In fact, many of the inmates referred to the victim as "Mom."

Defendant presented mitigation evidence from family and acquaintances, prison employees, and clergy and counselors. This evidence was presented through live testimony, affidavits, and transcripts of testimony from prior proceedings.

Defendant's mother, Annie Rogers, testified via videotape due to physical impairments. Rogers...