People v. Lamie
| Decision Date | 10 October 2018 |
| Docket Number | NO. 4-17-0832,4-17-0832 |
| Parties | THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. HEATHER LAMIE, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
NOTICE
This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).
Appeal from the Circuit Court of Livingston County
Honorable Mark A. Fellheimer, Judge Presiding.
Justices Holder White and Steigmann concurred in the judgment.
¶ 1 Held: The appellate court affirmed, finding the trial court did not err in denying defendant's postconviction petition and did not consider an improper aggravating factor at sentencing.
¶ 2 In October 2014, a jury found defendant, Heather Lamie, guilty of first degree murder and endangering the life or health of a child. In February 2015, the trial court sentenced defendant to natural life in prison. This court affirmed defendant's convictions and sentence on direct appeal. Defendant filed a petition for postjudgment relief and a first amended postconviction petition. In ruling on her petition for relief from judgment, the trial court found defendant was entitled to a new sentencing hearing. Following an evidentiary hearing, the court denied her postconviction petition. In September 2017, the court sentenced defendant to 38 years in prison.
¶ 3 On appeal, defendant argues the trial court (1) erred in denying her postconviction petition alleging trial counsel's ineffectiveness and (2) considered an improper aggravating factor in sentencing. We affirm.
¶ 5 In August 2010, defendant became the foster parent to three children, including then three-year-old Kianna. Along with her two biological children and a fourth foster child, defendant had six children living in her home. On May 3, 2011, paramedics were called to defendant's home because Kianna was unresponsive and lying on the floor. She was airlifted to the hospital for emergency surgery, which required removing part of her skull to relieve pressure from brain swelling. The surgery was unsuccessful and Kianna was brain dead. On May 5, 2011, Kianna was removed from life support and died.
¶ 6 In June 2013, a grand jury returned a three-count indictment charging defendant with first degree murder with intent to do great bodily harm (count I) (720 ILCS 5/9-1(a)(1) (West 2010)), first degree murder with knowledge of a strong probability of great bodily harm (count II) (720 ILCS 5/9-1(a)(2) (West 2010)), and endangering the life of a child (count III) (720 ILCS 5/12-21.6(a) (West 2010) (renumbered as 720 ILCS 5/12C-5(a)(1) (eff. Jan. 1, 2013))). Count I was later dismissed.
¶ 7 Defendant's jury trial began in September 2014, and the parties put on lay and expert witnesses. As we did in our order on direct appeal, we lay out the testimony to fully address the issues before us. Each witness is addressed according to the chronology of events surrounding Kianna's death. Dr. William Puga, called by the defense, was a child psychiatrist who met with Kianna. He worked at Streamwood Hospital, where Kianna was admitted and stayed for about a week in March 2011. Defendant told Dr. Puga that Kianna had aggression issues toward herself and others. Kianna told Dr. Puga she was there because she pulled hertwo-year-old sister's hair and cut herself on the wrist. The cut was described as a light, superficial scratch that did not require any bandages or stitches. Kianna reported the cut did not hurt.
¶ 8 Dr. Puga noted Kianna's history with her biological parents, who physically abused her and used drugs. Her stepfather also physically and sexually abused her. Defendant reported to Dr. Puga that Kianna was acting out in preschool, was being "bossy," and was defiant. Defendant was the primary source of information for Dr. Puga. Based, in part, on Kianna's history with her biological parents and information provided by defendant, he diagnosed Kianna with mood disorder not otherwise specified and post-traumatic stress disorder. Puga maintained a working diagnosis for reactive attachment disorder as well.
¶ 9 On cross-examination, Dr. Puga viewed computerized tomography (CT) scans of Kianna's head and did not think she was capable of causing these injuries on her own. He noted she had extensive injuries all over her head. He had never seen a child with such extensive injuries. He also observed defendant was very frustrated with Kianna's behavior toward her other siblings. Defendant told Dr. Puga she had instructed her daughters to do whatever they needed to do to protect themselves from Kianna's aggression. It concerned Dr. Puga that defendant was informing her children to act aggressively against Kianna. Dr. Puga concluded Kianna was not a danger to herself or others at the time.
¶ 10 Several individuals involved in Kianna's care before May 3, 2011, testified. Dr. Rachel Wegner, Kianna's physician; Audrey Reischauser, a caseworker at a child-welfare agency; Sherry Brendalen, a counselor for Kianna; and Amanda Chandler Cleary, a caseworker for Kianna, all testified Kianna was an ordinary and healthy child. These witnesses were mandated reporters and did not suspect or report any child abuse. Reischauser described Kiannaas precocious and articulate. She engaged in challenging behaviors, such as tantrums, when visiting her biological parents. Brendalen met with Kianna on two occasions, including May 2, 2011. On that date, Brendalen saw Kianna lying on the floor of the waiting room, crying softly. In her office with Kianna, Brendalen drew Kianna's hair back into a ponytail. At that time, she noticed bruising on Kianna's right ear and right temple. When asked about the bruising, Kianna just shrugged. Cleary met with Kianna six times, four times in the foster home and twice in the office. Cleary found Kianna to be cheerful and happy. She never observed Kianna throw a fit or a tantrum nor did she ever see Kianna act aggressively.
¶ 11 Joshua Lamie is defendant's husband. On May 2, 2011, Joshua spoke with Kianna on the phone. The call was recorded in preparation for a meeting with the Child and Youth Investment Team to determine any additional services available for Kianna's care. Defendant spoke with Joshua about making the recording prior to his speaking with Kianna. In the recording, Kianna discussed hurting herself. Specifically, on the same day, she threw a fit and hurt her eye because she said she missed her biological parents. Throughout the recording, Joshua tried to figure out why Kianna would hurt herself and reassured her that nobody would hurt her. Joshua testified he never personally observed Kianna inflict her injuries or throw fits. Joshua testified he sent the text messages laid out below to defendant prior to Kianna's death.
¶ 12 Several witnesses testified to their interactions with Kianna throughout the school day on May 3, 2011. Kianna's bus driver, Corey Turner; Julie Ahern, a teacher's aide; and Ashley Richard, Kianna's teacher, all testified Kianna was normally a happy and talkative child. Turner never had a problem with Kianna acting out on the bus. They all testified about Kianna's injured leg and her quiet, depressed demeanor throughout the school day on May 3, 2011. Turner testified Kianna was not putting any weight on one leg and needed to be lifted onto thebus and helped to her seat. After all of the children exited the bus, Turner found Kianna still sitting in her seat, not moving. He carried her off the bus and handed her to a teacher's aide, Julia Ahern.
¶ 13 Angela Taylor, a volunteer in Kianna's class, testified Kianna cried to herself in obvious pain throughout the morning. However, Kianna did not want to go home. Taylor carried Kianna around that day and noticed a giant bruise on the whole right side of Kianna's face, from the temple on down. When she pulled Kianna's hair back in a ponytail, she did not notice any bruising around Kianna's ear. Kianna was uncommonly quiet that day. Taylor, in all of her dealings with Kianna, never saw her throw a fit or act aggressively toward herself or others.
¶ 14 Kianna's teacher, Ashley Richard, had Kianna in class five days a week from 8:10 a.m. until 11 a.m. She described Kianna as a bubbly, vibrant girl who played well with the other children. Defendant's daughter, B.L., was in the same class. Richard reported B.L. and Kianna got along well at school. On May 3, 2011, Kianna was limping and complained her leg was hurting. Kianna was not bubbly that day. Richard also noticed Kianna had a "bit lip" and a black and blue bruise above her right eye, on the temple. Richard called defendant to report Kianna's condition, and defendant told her Kianna also had a bruise behind her ear. When Richard pulled Kianna's hair back, she noticed a black and purple bruise behind Kianna's ear. Kianna was sad and moving slowly at school that day. Richard carried Kianna to the bus at the end of school.
¶ 15 Defendant testified to her experience with Kianna leading up to May 3, 2011. Defendant described Kianna as recently becoming aggressive toward her siblings and harming herself. On May 2, in particular, Kianna threw several fits at home and one immediately beforecounseling. Defendant claimed Kianna threw herself onto the floor, hitting either the table or chair leg, causing a bruise to her right temple. After the counseling session, Kianna was angry about not being able to play outside. According to defendant, Kianna threw herself to the floor, cutting her lip. On May 3, Kianna complained her leg hurt. Defendant was unable to see any injury on Kianna's leg but noticed she was limping when getting on the bus.
¶ 16 After school on May 3, Kianna's brother was scheduled to meet with his biological father. Kianna did not want her brother to go because his father had sexually abused her. Kianna cried and then wet her pants. Defendant put Kianna in the...
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