People v. Hampton

• Decision Date: 21 May 1992
• Docket Number: No. 70758,70758
• Parties: , 171 Ill.Dec. 439 The PEOPLE of the State of Illinois, Appellee, v. Lloyd Wayne HAMPTON, Appellant.
• Court: Illinois Supreme Court

Page 291

594 N.E.2d 291

149 Ill.2d 71, 171 Ill.Dec. 439

The PEOPLE of the State of Illinois, Appellee, v. Lloyd Wayne HAMPTON, Appellant.

No. 70758.

Supreme Court of Illinois.

May 21, 1992.

Rehearing Denied June 25, 1992.

Charles M. Schiedel, Deputy Defender, and Theodore A. Gottfried, State Appellate Defender, of Office of State Defender, Springfield, for Lloyd Wayne Hampton.

Roland W. Burris, Atty. Gen., Springfield (Rosalyn B. Kaplan, Solicitor Gen., and Terence M. Madsen, Asst. Atty. Gen., Chicago, of counsel), for the People.

Justice BILANDIC delivered the opinion of the court:

On February 15, 1990, defendant, Lloyd Wayne Hampton, was charged by indictment in Madison County with three counts of first degree murder (Ill.Rev.Stat.1989, ch. 38, pars. 9-1(a)(1), (a)(3)), two counts of armed violence (Ill.Rev.Stat.1989, ch. 38, par. 33A-2) and one count of home invasion (Ill.Rev.Stat.1989, ch. 38, par. 12-11). Defendant subsequently pled guilty to the three murder counts, and the armed violence and home invasion charges were dismissed on the State's motion. The trial court accepted defendant's guilty pleas and entered an order finding defendant guilty of three counts of first degree murder. Defendant chose to waive his right to have a jury at his death penalty hearing. The trial judge thereafter found that defendant was eligible for the death penalty under section 9-1(b)(6) of the Criminal Code of 1961 (Ill.Rev.Stat.1989, ch. 38, par. 9-1(b)(6)), and further found that there were no mitigating factors sufficient to preclude a sentence of death. The judge entered an order sentencing defendant to death. That sentence was stayed (134 Ill.2d R. 609(a)) pending defendant's direct appeal to this court (Ill. Const.1970, art. VI, § 4(b); 134 Ill.2d R. 603).

On February 9, 1990, defendant was arrested at a truck stop in Troy, Illinois, in connection with a charge not related to the instant case. Defendant was subsequently suspected of having been involved in the murder of Roy E. Pendleton and was questioned by Troy police officers about the murder. Defendant confessed to killing Pendleton and, on May 21, 1990, pled guilty to intentional murder (Ill.Rev.Stat.1989, ch The State began by reciting the proposed testimony of several Troy police officers. The officers would state that they took defendant into custody on February 9, 1990, in connection with a charge unrelated to the instant case. At the time of his arrest, defendant was in possession of an automobile which the arresting officers recognized as belonging to Roy E. Pendleton. Pendleton's ownership of the vehicle was confirmed by the police officers through the Illinois Secretary of State's office. One of the officers proceeded to Pendleton's residence, a room at the Carroll House Inn in Troy, where he discovered Pendleton's body. Pendleton had been tied and gagged and there were three lacerations on his forehead and a butcher knife protruding from his neck. Pendleton's room appeared to have been ransacked.

[171 Ill.Dec. 443] 38, par. 9-1(a)(1)), murder in the course of a burglary (Ill.Rev.Stat.1989, ch. 38, par. 9-1(a)(3)), and murder in the course of an armed robbery (Ill.Rev.Stat.1989, ch. 38, par. 9-1(a)(3)). Pursuant to the trial court's request, the State recited the factual basis for the guilty pleas.

The State went on to detail several pieces of physical evidence which connected defendant to the murder scene. Fingerprints lifted from the scene by an evidence technician were identified as belonging to defendant. Saliva samples taken from cigarette butts found at the murder scene were later tested and found to be consistent with defendant's saliva. Finally, a spot of blood found on the pants defendant was wearing at the time of his arrest was analyzed and was found to be consistent with Pendleton's blood and inconsistent with defendant's blood.

The State also referred to the contents of defendant's confession as part of the factual basis for the guilty pleas. As noted, following the discovery of Pendleton's body, defendant was questioned regarding Pendleton's murder by a Troy police officer. Defendant admitted to the killing and gave a videotaped statement detailing his commission of the murder. The statement itself was admitted into evidence at defendant's death penalty hearing. Briefly, defendant's confession described how, on February 8, 1990, defendant gained entry into Pendleton's room under the pretext of using Pendleton's restroom. Defendant went on to state that he ransacked the room for valuables, tied and gagged Pendleton, and placed his hand over Pendleton's nose and mouth, ultimately causing Pendleton to die by asphyxiation. Defendant further described how he cut Pendleton across the forehead and stabbed him in the throat with a butcher knife. Defendant went on to state that, after he was satisfied that Pendleton was dead, he took several of Pendleton's possessions and left in Pendleton's automobile.

The State continued its recitation of the factual basis by referring to the proposed testimony of the pathologist who performed an autopsy on Pendleton's body. According to the pathologist, Pendleton had three lacerations across his forehead, black electrical-type tape over his mouth and nose, and a butcher knife protruding from his throat. The autopsy revealed that Pendleton died as a result of asphyxiation.

The State also referred to evidence that, at the time of defendant's arrest, defendant was in possession of a $500 check made out to Pendleton and the keys to two safe deposit boxes registered to Pendleton. The State further recited that a bartender at a Livingston, Illinois, bar would testify that, during the time period immediately following the murder of Pendleton, defendant came into the bar, tried to cash a $500 check and bought a round of drinks for the house. This completed the State's recitation of the factual basis for defendant's guilty pleas.

Both before and after the presentation of the factual basis, the trial judge admonished defendant of the effects of his guilty pleas and questioned defendant regarding the voluntariness of his pleas. Following the recitation, defendant agreed that the asserted facts were true and admitted, in response to the judge's query, that he had killed Pendleton. The trial judge accepted defendant's guilty pleas and adjudged defendant guilty of three counts of first degree murder. The judge entered an order A death penalty hearing was commenced on June 27, 1990. Defendant chose to waive his right to jury sentencing and elected to proceed with a bench sentencing hearing. At the start of the eligibility phase of the hearing, the court took judicial notice, on the State's request, of the factual basis presented at the guilty plea hearing. The State then presented the testimony of Linda Van Dyke, an employee of Madison County Probation and Court Services who was assigned to prepare a presentence investigation report on defendant.

[171 Ill.Dec. 444] to that effect and ordered the preparation of a presentence investigation report on defendant.

Van Dyke testified that, in preparing that report, she interviewed defendant at the Madison County jail. During the interview, Van Dyke asked defendant to explain why he had committed the murder. Defendant responded that he had been paid to kill Pendleton and that he had killed Pendleton because Pendleton was a "snitch." On cross-examination, Van Dyke testified that defendant did not tell her who had allegedly paid him to commit the murder or where this plan originated. Van Dyke further admitted on cross-examination that defendant gave her no details regarding whom Pendleton had allegedly "snitched" on.

The State next called Robert Joseph Noonan, chief of police for the City of Troy, Illinois. Chief Noonan testified that on May 30, 1990, he received a letter from a person signing as "L.W. Hampton." It was stipulated by the defense that defendant had in fact authored the letter. Chief Noonan stated that, in the letter, defendant referred to Pendleton in a derogatory manner and expressed his lack of remorse for the murder. The letter in question was admitted into evidence following Chief Noonan's testimony.

The State's next witness at the eligibility phase was Officer Thomas Recklein of the Troy police department. Officer Recklein had participated in the February 9, 1990, arrest of defendant. Officer Recklein testified that, at the time of his arrest, defendant was in possession of Pendleton's automobile and several other items belonging to Pendleton. Officer Recklein stated that, following defendant's arrest, Officer Recklein read him his Miranda rights and interviewed him. Defendant confessed to the officer and later gave a videotaped confession at the Madison County sheriff's department. Over a defense objection, the trial court allowed the prosecution to play the tape.

In his confession, defendant stated that he came upon Pendleton on February 8, 1990, in the parking lot of the motel in which Pendleton resided. Pendleton was getting into his automobile and defendant asked him for a ride. Pendleton refused and drove away but returned a short time later and went into his room. Defendant knocked on Pendleton's door and asked if he could enter Pendleton's room in order to use the restroom. Pendleton allowed defendant to enter his room.

Defendant stated that, upon gaining entry to Pendleton's room, he told Pendleton to lie down on his bed. Defendant then began going through Pendleton's belongings. Defendant determined that a suitcase and a microwave oven he found in the room were worth taking and he set those items by the door. Defendant then told Pendleton that he had a choice: he could be tied up and gagged, or he could be killed. Defendant tied Pendleton's wrists and ankles and put tape over his mouth. Defendant stated that he was not convinced that Pendleton could not get loose, so he put tape over Pendleton's nose and put his hand over...