People v. Hansen

• Decision Date: 18 May 2000
• Docket Number: No. 1-98-2295., No. 1-95-4033
• Citation: 313 Ill. App.3d 491,246 Ill.Dec. 283,729 N.E.2d 934
• Parties: PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kenneth HANSEN Defendant-Appellant.
• Court: United States Appellate Court of Illinois

729 N.E.2d 934

313 Ill. App.3d 491

246 Ill.Dec. 283

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kenneth HANSEN Defendant-Appellant.

Nos. 1-95-4033, 1-98-2295.

Appellate Court of Illinois, First District, Fourth Division.

May 18, 2000.

Leonard C. Goodman, of counsel; Arthur J. O'Donnell & Kenneth N. Flaxman, Chicago, for Appellant.

Richard A. Devine, State's Attorney of Cook County (Renee Goldfarb & Carol L. Gaines, Assistant State's Attorney, of counsel), for Appellee.

Presiding Justice HOFFMAN delivered the opinion of the court:

On October 18, 1955, the unclothed bodies of 11-year old Tony Schuessler, 13-year old John Schuessler, and 13-year old Robert Peterson were found in the Cook County forest preserves located near Lawrence Avenue and River Road. In September 1995, following a jury trial, the defendant, Kenneth Hansen, was convicted of the first degree murders of the three boys and, having elected to be sentenced under the Unified Code of Corrections of 1973 (Ill.Rev.Stat.1973, ch. 38, par 1001-1-1 et seq.), was sentenced to concurrent prison terms of not less than 200 years and not more than 300 years. In these consolidated appeals, the defendant appeals from his convictions and from the trial court's subsequent denial of his post-conviction petition.

At trial, the State presented evidence establishing that the three victims left the Monte Cristo Bowling Alley around 8 p.m. on October 16, 1955, all wearing jeans and baseball jackets. Between 8:30 and 9 p.m., Ralph Helm saw a boy he later identified as Tony Schuessler standing on Milwaukee Avenue, just south of Lawrence Avenue, with his thumb extended as if he were hitchhiking. Two other boys, who were dressed in jeans and "sports jackets" and who appeared to be older than Tony Schuessler, were standing in a doorway 8 to 10 feet away. Between 9 and 10 p.m. that same night, Hettie Salerno heard two screams coming from the direction of the Idle Hours Stable, which was located near the forest preserves where the victims' bodies were discovered two days later.

Dr. Edmond Donoghue was qualified as an expert in the field of forensic pathology. Although Dr. Donoghue had not performed the autopsies on the victims, he had reviewed the crime scene photographs, the autopsy photographs, and the autopsy reports. He testified that Tony Schuessler had been manually strangled, John Schuessler had been strangled in a manner consistent with a choke hold, and Robert Peterson had been strangled with an item such as a belt or rope. On cross-examination, Dr. Donoghue testified that he found no evidence of hay, horse manure, oats, barley, or horse feed on the victims' bodies. He also acknowledged that two reports he reviewed regarding the murders stated that there was no evidence that the victims had been sexually molested. On re-direct examination, Dr. Donoghue testified that, if oral sex had been performed upon a homicide victim, there would not likely be any evidence of it. The assistant State's Attorney then asked Dr. Donoghue: "Can you yourself draw any inference of sexual molestation in your opinion in this case?" Dr. Donoghue responded affirmatively and stated that, in his opinion, there was "at least evidence that's suggestive of a sexual nature of this attack because the deceased were found without any clothing." On re-cross examination, Dr. Donoghue admitted that the fact that the victims' clothing had been removed might not have anything to do with sex.

Judith Anderson testified that she met the defendant at the Idle Hours Stable in August 1955, at which time the defendant told her that he had worked at the stable on and off for one year. Donna Ewing testified that she took a horseback riding lesson from the defendant at the Idle Hours Stable in 1955 or 1956. When Ewing met the defendant at another stable in 1971 or 1972, he did not remember her but did acknowledge that he had given riding lessons at the Idle Hours Stable.

Roger Spry testified that he began living with the defendant's family in 1960 or 1961 when he was 11 or 12 years old. Initially, he was allowed to sleep in the house with the defendant's family but, after spurning the defendant's sexual advances, he was forced to sleep in the dog kennel. One night when Spry was 11 or 12, the defendant performed oral sex on him, following which the two had a sexual relationship which lasted until Spry was 18. In total, Spry lived with the defendant on and off for 20 years. According to Spry, the defendant picked up male hitchhikers between the ages of 11 and 16 and offered them lodging at the stables in exchange for work. Spry was sometimes with the defendant when the defendant did so. On many occasions, the defendant told Spry he had sex with these boys.

Spry testified that, when he was about 15, the defendant told him that he once picked up three boys who were hitchhiking and took them to a barn. According to the defendant, he was in the barn having sex with the two younger boys when the older boy walked in on them. When one of the boys threatened to report what he had done, the defendant grabbed the boy and held him by the throat. According to the defendant, he accidentally strangled the boy and then had no choice but to kill the other two boys. After the defendant killed the boys, a friend of his arrived and helped him take the bodies to the forest preserves. According to Spry, the defendant referred to one of the boys as Peterson. Spry testified that, on another occasion, the defendant caught him pocketing money from riders at the stable and told him "you're going to end up just like that Peterson kid." Spry stated that he did not report these events to the police because he was scared, but he did later tell Colleen Quinn and William Wemette. Spry acknowledged that he first told law enforcement officials about the defendant's statements in August 1994 while facing prosecution for arson and that, in exchange for his testimony in this case, his sentence in the arson case was being reduced.

Colleen Quinn testified that, in August 1992, Spry told her that the defendant once caught him stealing money and said to him "if you ever do that again you will end up like the Peterson boy."

Herb Hollatz testified that, in 1952 or 1953, when he was 21 years old, he lived and worked at the Park Ridge Stable for two to four months, during which time he had consensual sexual relations with the defendant. The defendant went into the service in late 1953. When Hollatz next saw the defendant, in October 1955, they engaged in sexual activity. At that time, the defendant told Hollatz that he had "just killed" three boys he had picked up hitchhiking. The defendant said that someone told him to kill the boys and threatened that, if Hollatz told anyone, the defendant's brother, Curtis, "would take care of things". Hollatz took the threat to mean that Curtis would kill him. Hollatz testified that this conversation took place approximately one week after the victims' bodies were found. Nonetheless, he did not tell his father, a Chicago police officer, about the conversation because he did not want his father to know about his homosexual relationship with the defendant. Although his father died in 1980, Hollatz first told the authorities about the incident when he was approached by an assistant State's Attorney in April 1995.

Robert Stitt testified that he began working at the High Hopes Stables, owned by the defendant, in 1963, when he was about 11 years old. When Stitt was 12 years old, the defendant made sexual advances, which Stitt rejected. When Stitt was 13 or 14 years old, he moved in with the defendant's family. He later went into the service but returned to live at the stable when he was discharged, living there until about 1979. Stitt testified that, "periodically throughout the years", he and the defendant "talked about hitchhikers, bringing them in for stable hands." On one occasion, in 1974, Stitt called the defendant from Alabama to tell the defendant that he had found two 15-year old boys who needed jobs. The defendant told Stitt to bring the boys to the stable. Later, the defendant told Stitt to bring one of the boys to the defendant's apartment because he wanted "to do" the boy. Stitt testified that, during the years, he picked up 30 or more boys who were hitchhiking and took them to the defendant's stables "for that purpose".

Joe Plemmons testified that he met the defendant in 1970 or 1971 and subsequently began leasing part of the Sky High Stables from him. Plemmons and the defendant were driving home from a party together in May 1972 when the defendant said that his brother Curt "held those boys over his head like a club." In April 1976, the defendant commented that "it was either the boys or him" because "in 1955 to be gay was unacceptable." On another occasion, in 1988, the defendant acknowledged to Plemmons that he worried about being caught for the murders of the three boys. Plemmons admitted that he had been convicted of fraud in 1992, that he was on probation for that offense, and that he has been known by three or four aliases.

Lance Williamson testified that he met the defendant in 1974 and began working for him at the Sky High Stables. A short time later, the defendant told Williamson that he often picked up young boys hitchhiking in order to have sex with them. The defendant also told Williamson that he had worked at the Idle Hours Stable in the 1950s.

Patrick Mason testified that in 1956, when he was 11 years old, he worked at the Bro-Ken H Stables on the weekends. One day he walked into a barn and saw the defendant performing oral sex on a 15-year old boy. The defendant later approached Mason and told him that, if he told anyone what he had seen, he would "wind up in the woods like those other boys."

William Wemette testified that he lived at the Sky High Stables off and on between the years of 1968 and 1973. Wemette drove the defendant around quite a bit because the...