People v. Kenzik

• Citation: 9 Ill.2d 204,137 N.E.2d 270
• Decision Date: 25 September 1956
• Docket Number: No. 33901,33901
• Parties: The PEOPLE of the State of Illinois, Defendant in Error, v. Peter Edward KENZIK, Plaintiff in Error.
• Court: Supreme Court of Illinois

Page 270

137 N.E.2d 270

9 Ill.2d 204

The PEOPLE of the State of Illinois, Defendant in Error, v. Peter Edward KENZIK, Plaintiff in Error.

No. 33901.

Supreme Court of Illinois.

Sept. 25, 1956.

Warren J. Carey, Chicago, for plaintiff in error.

Latham Castle, Atty. Gen., and John Gutknecht, State's Atty., Chicago (Fred G. Leach, Decatur, Edwin A. Strugala, Irwin D. Bloch, John T. Gallaher, Rudolph L. Janega and William L. Carlin, Chicago, of counsel), for the People.

MAXWELL, Justice. ^*

Peter Edward Kenzik has filed his writ of error to review a verdict and judgment finding him guilty of the crime of murder and fixing his punishment at death. Kenzik, hereinafter called defendant, at the time of trial was a person 48 years of age and was arraigned as an indigent person with court-appointed counsel March 4, 1955. On March 14, 1955, counsel withdrew their appearance and the Public Defender of Cook County was appointed to represent the defendant. On April 4, 1955, the Public Defender was given leave to withdraw and another attorney was appointed by the court to represent the defendant. The case was set for trial on May 2, 1955, at which time the defendant moved for a change of venue. The change of venue was granted and the case then transferred for trial before another judge. Defendant's counsel then filed a motion for continuance supported by affidavit, setting forth that since the day of appointment as counsel for defendant, his attorney had been actively engaged in the trial of many cases which consumed more than 19 days of actual trial, not taking into account preparation time. This attorney informed the court that he had conversed with the defendant only three times since his appointment and then for only 15 to 20 minutes on each occasion, that he had not yet been able to properly investigate the facts, consult with witnesses, adequately consult with defendant or make necessary office and library preparations. The attorney further informed the court that it was necessary to have a short continuance in order to have the required time to personally find witnesses. If not granted this continuance defendant's attorney informed the court that he was wholly unprepared for trial. The court then turned to the State's Attorney for further advice in the matter and was informed by the State's Attorney's assistant in charge of the trial that the defendant had been arraigned February 28, 1955 (at which time defendant had no attorney) that two months had passed, that an elderly witness had been brought to Chicago for the second time from the State of Mississippi with the understanding that the case would proceed to trial on that date. It was the prosecuting attorney's opinion that the State would be prejudiced by a continuance in view of the fact they could not guarantee production of the witness at a later time. The court interrogated the prosecution witness, who stated she was 77 years of age, that she was under a doctor's care, that she was getting sick and could not stand it much longer.

The court then discussed the matter with defendant's attorney and learned from him that he had been in the case for less than 30 days, that he had spoken to the defendant briefly on but a few occasions, that defendant had given him some written material consisting of nearly 200 pages which he had just finished reading over the week-end prior to the trial date. The court then indicated that the case should be called for trial and defendant's motion for continuance be denied. It was then during the noon hour and the court recessed until 2:00 o'clock, meanwhile advising defendant's attorney that if he had any trouble securing witnesses he should prepare subpoenas and the court would direct the sheriff to serve them as rapidly as possible and that if, during the course of the trial, any of the witnesses subpoenaed by the defendant did not appear the court would issue a capias for their production. It was then that defendant's attorney interrogated the defendant for the record disclosing thereby that said witnesses, whose attendance defendant desired, were employed in the city of Chicago, that defendant knew where they were employed but did not know their home addresses and further that other witnesses resided outside the State of Illinois. The court then stated that permission would be granted defendant's attorney to sit down with defendant in the bailiff's room in order that he might 'get these witnesses straightened' before picking a jury. The court announced the trial would resume at 2:00 o'clock in the afternoon. At this time the defendant then informed the court that he felt that he was not guilty of the crime charged, that he had proof another man was involved in the case and was not prepared to go to trial that day and because of the circumstances felt that his attorney could not be of help to him and so preferred to be without counsel. The defendant stated that the State could have their own way in prosecuting him and that he would have nothing to say to the jury or to the court. After making it clear to the court that he did not desire the assistance of counsel the trial was ordered to proceed. The indictment was read to the defendant and he persisted in his plea of not guilty. The court then granted defendant's counsel permission to withdraw from the case.

The jury was then impaneled and sworn for selection. During selection of the jury it appears that defendant did not interrogate any of the jurors and when informed by the court as to his rights concerning their selection stated that since he was without counsel he felt that he was 'given a grave injustice' and would have nothing to say to the jurors. The court again asked defendant if he desired the court to appoint counsel and his reply was that if given sufficient time to prepare his case he would like to have an attorney appointed.

At the end of the day, when the State had selected and tendered two panels and had called the last panel of four jurors the court brought in the defendant out of the presence of the jury and informed him that he had a right to keep the jurors together during the entire trial. The court stated, 'This means that the defendant has a right to keep them from going home each night. On the other hand, the defendant in person can waive that right. That means the jury can separate to go home each night. What do you wish done?' The defendant replied, 'I wish that they would have the proper rest and go home each night.' The court then informed defendant that he had waived his right to have the jury kept together during the trial and that they could separate and go home each night. Defendant was also informed by the court that his right to have the jury kept together was a right which he could waive.

On the following day the balance of the jurors were selected. When the defendant again asked for a continuance and assistance of counsel, the court, after inquiring from the assistant State's Attorney as to his sentiments concerning a continuance, ordered the case to proceed. Thereupon a procession of prosecuting witnesses appeared and testified without any objections or cross-examination on the part of the defendant or the court.

It appears from the record that on March 13, 1953, Clara Erickson Miller died from wounds received on the same day. The defendant, under the name of Peter Miller, was married to deceased since 1949. Their home was in Chicago and the mother of the deceased, Katie Erickson, lived with them. The married couple separated in February, 1953. Defendant on several occasions had returned to the apartment and on one of said occasions pointed a gun at his wife and threatened to shoot her. The evening of decedent's death, at approximately 6:00 o'clock, defendant visited the apartment and talked to Mrs. Erickson while waiting for his wife to return from work. After 15 or 20 minutes his wife returned and sat on the couch next to him. Her mother went to the kitchen for coffee and while there heard her daughter scream 'Mama, come quick, Pete is killing me.' The mother rushed into the room and saw defendant jabbing a butcher knife into his wife's breast and while the witness struggled with him she in turn received stab wounds. Defendant left without a word, the authorities were called, and mother and daughter were taken to the hospital where the daughter died.

Defendant could not be located until February 10, 1955, when the Chicago authorities took him into custody in San Diego, California. Defendant told a police lieutenant of Chicago that he had been in the apartment of his wife on the date of her death but remembered nothing that happened while there, as everything was a blank.

At the close of the State's case, the court again offered to appoint counsel for the defendant. Defendant's reply was that he would desire counsel, providing counsel had sufficient time to prepare. He indicated that 30 days was sufficient time for preparation of his defense and his request was denied. On the following day after court was convened and in the presence of the jury the court informed defendant that it was his right to present evidence in his defense. Defendant replied that he had already made it clear to the court that he was not prepared to defend himself, that he had no attorney and felt that he would only be incriminating himself if he said anything. When asked by the court if he cared to take the stand at that time or not and that he had the right so to do, defendant stated he was...