People v. Leger
| Decision Date | 30 July 1992 |
| Docket Number | No. 69993,69993 |
| Citation | 597 N.E.2d 586,149 Ill.2d 355,173 Ill.Dec. 612 |
| Parties | , 173 Ill.Dec. 612 The PEOPLE of the State of Illinois, Appellee, v. William P. LEGER, Jr., Appellant. |
| Court | Illinois Supreme Court |
Charles M. Schiedel, Deputy Defender, Springfield, and Steven Clark, Asst. Appellate Defender, Chicago, of the Office of the State Appellate Defender, for appellant.
Roland W. Burris, Atty. Gen., Springfield , for the People.
On September 8, 1987, defendant, William P. Leger, Jr., was charged by information with three counts of first degree murder, one count each of attempt to commit first degree murder, home invasion, and armed violence, and two counts of aggravated battery, in violation of the Criminal Code of 1961 (Ill.Rev.Stat.1985, ch. 38, pars. 9-1(a)(1), (a)(2), (a)(3), 8-4(a), 33A-2, 12-4(a), (b)(1)). On May 12, 1988, a ninth count was added, charging first degree murder committed in the course of another felony (Ill.Rev.Stat.1985, ch. 38, par. 12-11(a)(2)). After a jury trial in the circuit court of Saline County, defendant was convicted on all counts. Defendant waived his right to a jury at his sentencing hearing, and the trial court sentenced defendant to concurrent 30-year prison terms for attempted murder and home invasion. The court did not sentence defendant for the aggravated battery and armed violence convictions, as those convictions merged into the attempted murder conviction. The court found defendant eligible for the death penalty based upon the murder convictions and the findings that defendant was at least 18 years old at the time of the offenses, and there existed one or more of the factors set forth in section 9-1(b) of the Criminal Code of 1961 (Ill.Rev.Stat.1985, ch. 38, par. 9-1(b)). At the second stage of the sentencing hearing, the trial court found no mitigating factors sufficient to preclude imposition of the death penalty. The trial court then sentenced defendant to death. The sentence was stayed (134 Ill.2d R. 609(a)) pending direct appeal to this court . We affirm defendant's convictions, vacate the death sentence, and impose a term of natural life imprisonment.
Defendant raises the following issues on appeal: (1) a juror's friendship with the surviving victim and the juror's daughter's friendship with the deceased victim's daughter violated defendant's right to an impartial jury; (2) defendant's history of alcoholism and alcohol blackouts, use of prescription drugs, intoxication on the night of the murders, and lack of memory of his actions when sober established that defendant was so intoxicated and drugged that he lacked the mental states required for the offenses for which he was convicted; (3) the prosecutor's opening statement improperly suggested that defendant's trial was a mere formality; (4) a police trooper's testimony that defendant "didn't want to talk" after informed of his Miranda rights violated defendant's fifth amendment and due process rights; (5) the prosecutor's closing argument improperly attempted to shift the burden of proof, sought to frighten the jurors, and urged retribution, thus denying defendant a fair trial; (6) jury instructions erroneously stated the elements of attempted murder as requiring intent to commit murder instead of intent to kill; (7) defendant's waiver of a jury for sentencing was not made knowingly and intelligently where the trial court incorrectly advised defendant that the jury's decision regarding a death sentence or prison sentence must be unanimous; (8) defendant's death sentence is excessive where the offense resulted from marital, emotional, and drinking problems, and defendant's background included excellent military and work records, serious medical problems, and no significant criminal history; (9) defendant was denied effective assistance of counsel at sentencing where counsel failed to move to suppress a statement which had been improperly obtained and used in aggravation; (10) the Illinois death penalty statute violates the eighth and fourteenth amendments because it places a burden of proof on defendant which precludes meaningful consideration of mitigation; (11) the death penalty statute is unconstitutional because it does not sufficiently minimize the risk of arbitrarily or capriciously imposed death sentences.
Defendant was charged with the murder of Susan Newman, his former wife, and the attempted murder of Monte Newman, Susan's husband. At trial, the court allowed evidence also of defendant's alleged murder in Gallatin County of his estranged wife, Mary, who was killed on the night the offenses in the instant case were committed. The evidence regarding Mary's death was admitted for the limited purpose of showing defendant's motive that night. Defendant raised an affirmative defense of voluntary intoxication.
The State called Monte Newman, who testified that on the night of September 4, 1987, he was at home in Eldorado, Illinois, with Susan, to whom he had been married since July 1985. Kim Leger, Susan's daughter and Newman's step-daughter, also lived at the home, but was out for the evening. Newman and Susan left the front door unlocked for Kim's return.
Around 11 p.m., Newman and Susan were asleep when he was awakened when Susan moved. She then said, "What are you doing in here, you're not supposed to be in here[,] Bill." Newman stated that defendant had entered the bedroom and then came towards the bed and shot Susan. As Newman attempted to get off the bed, defendant shot Newman in the side, knocking him off the bed. Defendant then shot Newman in the toe, and shot Susan two more times. Newman again attempted to get up. He picked up a basket of books and threw it at defendant. Defendant then shot Newman in the head, as defendant said, "As for you * * *." Newman stated that he had not given defendant permission to enter the house.
Defendant's parents, Dorothy Leger and William Leger, Sr., also were called by the State to testify. Dorothy Leger testified that on September 4, 1987, after 10:30 p.m., defendant came to her home in Eldorado asking for some of his father's pain pills. She noticed blood on defendant's shirt and said, "You've been in a fight." Defendant stated, "I killed those two whores and that man." Dorothy testified that her husband then said to defendant, "Oh, you're crazy, you're drunk." Defendant did not reply. Defendant then went outside and came back in with a gun, which he then left at his parents' home. Defendant then began talking about seeing children killed in Viet Nam when he was there. Defendant then said to his father, "Daddy[,] don't do my mommy that a way," and walked out of the home. Dorothy walked after him and asked him to stay, because she "didn't believe it, and he was wild looking." Defendant said to his mother, "Mommy, I love you," and drove off. Dorothy stated that about one week prior to September 4, her son had talked to her about marital problems he was having with Mary.
On cross-examination, Dorothy testified that on the night of September 4, defendant had remained at her home for 30 to 45 minutes. During that time, he "acted weird" but did not seem eager to leave. Dorothy stated that defendant's appearance was substantially different that evening than it had been in the morning, when he looked "like he does now."
William Leger, Sr., also testified. William Sr.'s testimony corroborated that of Dorothy regarding the events of September 4, 1987. On cross-examination, William Sr. testified that he "knew there was something wrong with [defendant.] I've never seen him look like that, that wild, I just thought he was on a wild drunk * * * and * * * he acted very strange to me." William Sr. also said that he had been drunk with his son "a few times" and had "seen him act that way."
The State also called Village of Galatia police officer Joe Aikens, who had arrested defendant. Shortly after 11 p.m. on September 4, 1987, Aikens, responding to a dispatched call, observed defendant's vehicle traveling "slower than the normal speed." Defendant's vehicle soon pulled off the road and stopped. Defendant got out of the car, identified himself in response to Aikens' question, and Aikens arrested him. Defendant offered no resistance. While Aikens and defendant waited in the squad car for other police officers to arrive, defendant told Aikens to be sure that the police knew that he was the one whom defendant "let catch him" because it might "do [Aikens] some good."
On cross-examination, Aikens testified that he did not use the exterior lights on the squad car when following defendant. Defendant's car was traveling 40 to 45 miles per hour in a 55-mile-per-hour zone. When arresting defendant, Aikens believed that defendant was intoxicated.
Defendant also testified. He stated that he enlisted in the United States Air Force and served from February 1965 through October 1968, including 12 months in Viet Nam. He achieved the rank of sergeant. Defendant worked for Peabody Coal Company until May 1987, when he began having back trouble resulting from a serious leg injury he had sustained in a mine. Defendant had injured his back in 1976 and had spinal fusion surgery in 1978. Again in October 1983 and in December 1983, defendant underwent additional back surgeries.
On the date of the offenses, defendant was taking 10 prescription medications for pain relief and other conditions. He had been taking the medications for six years. Since the offenses, he was taken off of those medications which contained codeine and barbiturate substances. Defendant testified that in early September 1987, he was drinking alcoholic beverages usually daily. He went for treatment for alcohol abuse in 1984. He had become a heavy drinker and was...
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