People v. Rissley, 74636

• Decision Date: 30 March 1995
• Docket Number: No. 74636,74636
• Citation: 165 Ill.2d 364,209 Ill.Dec. 205,651 N.E.2d 133
• Court: Illinois Supreme Court
• Parties: , 209 Ill.Dec. 205 The PEOPLE of the State of Illinois, Appellee, v. Jeffrey D. RISSLEY, Appellant.

Page 133

651 N.E.2d 133

165 Ill.2d 364, 209 Ill.Dec. 205

The PEOPLE of the State of Illinois, Appellee, v. Jeffrey D. RISSLEY, Appellant.

No. 74636.

Supreme Court of Illinois.

March 30, 1995.

Rehearing Denied May 30, 1995.

Charles M. Schiedel, Deputy Defender, and Timothy M. Gabrielsen, Asst. Defender, of the Office of the State Appellate Defender, Springfield, for appellant.

Roland W. Burris, Atty. Gen., Springfield, and Marc P. Bernabei, State's Atty., Princeton (Rosalyn B. Kaplan, Solicitor Gen., and Terence M. Madsen, Michael A. Hurst and Arleen C. Anderson, Asst. Attys. Gen., Chicago, of counsel), for the People.

Justice NICKELS delivered the opinion of the court:

Defendant, Jeffrey Rissley, pleaded guilty in the circuit court of Bureau County to the aggravated kidnapping and first degree murder of six-year-old Kahla Lansing. At a separate sentencing hearing, a jury found that the defendant was eligible for the death penalty based on two statutory aggravating factors. A jury found that defendant was eligible for the death penalty because the murder was committed in the course of an aggravated kidnapping. (Ill.Rev.Stat.1991, ch. 38, par. 9-1(b)(6).) The jury also found that defendant was eligible for the death penalty because the "murdered individual was under 12 years of age and the death resulted from exceptionally brutal or heinous behavior indicative of wanton cruelty." (Ill.Rev.Stat.1991, ch. 38, par. 9-1(b)(7).) The jury then concluded that there were no mitigating circumstances sufficient to preclude the imposition of the death penalty and the trial judge sentenced the defendant to death. The trial judge also sentenced the defendant to a 15-year prison term for his conviction on the charge of aggravated kidnapping. (See Ill.Rev.Stat.1991, ch. 38, par. 10-2.) The defendant's death sentence has been stayed pending direct review by this court. (Ill. Const.1970, art. VI, § 4(b); 134 Ill.2d Rules 603, 609(a).) We affirm.

I. Defendant's Arrest and Confession

A review of the record reveals the following facts. On September 28, 1991, six-year-old Kahla Lansing was rollerskating with friends in her neighborhood. At 6:45 p.m., Kahla's mother was unable to locate Kahla in the neighborhood and called police. A witness reported seeing Kahla talking to a man in a red Ford Ranger pickup truck at approximately 6:30 p.m. The man was described as a white male in his mid-thirties, with medium length brown hair.

As a result of an unrelated investigation by officials in Knox County, the defendant was charged with aggravated criminal sexual assault of a 10-year-old that occurred there on September 27, 1991. Bureau County authorities investigating the disappearance of Kahla Lansing identified defendant as a suspect in that crime based on information obtained from the Knox County investigation. Specifically, Bureau County authorities learned that the defendant left Knox County on September 28, 1991, for Berrien County, Michigan. Defendant drove in an easterly direction on Route 6, which leads to Bureau County. Defendant's general appearance and the red Ford Ranger pickup truck he was driving matched the description of the person the witness had seen Kahla talking to prior to her disappearance.

As a result of the charges against defendant in Knox County, law enforcement authorities in Berrien County, Michigan, were contacted and asked to arrest the defendant, if he could be found there. On October 10, 1991, Berrien County officers arrested the defendant. While in Michigan, the defendant was interrogated by two sets of law enforcement officers concerning the disappearance of Kahla Lansing. Defendant was advised of his Miranda warnings, both orally and in writing. Defendant acknowledged he understood those rights and agreed to waive those rights and talk to authorities.

The first set of officers to interrogate defendant consisted of officers from Berrien County and from the Federal Bureau of Investigation. The second set consisted of officers from Illinois. During each interrogation, defendant provided the police with details concerning the abduction of Kahla Lansing. Defendant told the officers that he was traveling from Illinois to Michigan in his red Ford pickup on September 28, 1991. While en route, defendant detoured into Spring Valley, Illinois, arriving in that area in the late afternoon. Defendant further told the officers that he was an active pedophile and at that time he "hurt inside" and was seeking a child as a means of relief. The defendant then described encountering Kahla Lansing, who was roller-skating in a residential area.

The defendant stated that he observed Kahla while driving around in his truck. Defendant stopped the vehicle and engaged Kahla in conversation. Kahla entered defendant's vehicle, agreeing to accompany defendant to a convenience store for the purpose of purchasing soft drinks. Defendant and Kahla visited a nearby convenience store and purchased two soft drinks and a candy bar. Defendant and Kahla then left the store and together drove aimlessly around Illinois.

Defendant stated that after several hours of travel, he eventually encountered an abandoned farm located near Clinton, Iowa. The farm was located at the end of a dirt road and consisted of several buildings. Defendant secreted the truck in a pig coop building and then entered the barn. In the barn, defendant secured some mattresses from the bed of an old truck and also found some blankets. Defendant and Kahla slept there that night. At approximately dawn, defendant stated, he performed anal intercourse upon Kahla and then both defendant and Kahla went back to sleep.

Defendant and Kahla awoke in the barn to the sound of gunshots. Defendant stated that both he and the child were afraid because some of the gunshots were very close. Defendant further stated that Kahla was becoming hysterical and was repeatedly stating that they should leave. The defendant told the officers that he was afraid that he might be discovered and began losing control. Defendant then described how he obtained an electric cord from inside the barn and, with Kahla standing face to face with him, twisted the cord around the back of her neck. Defendant stated that Kahla's face turned red, she became limp, and he allowed her to fall to the ground. Defendant further stated that at this time he checked Kahla's heartbeat and determined that it was still beating. Defendant then said he left Kahla with the cord knotted around her neck and exited the barn to determine where the shooting was coming from.

Once outside the barn, defendant could not determine from which direction the sound of the gunfire originated. Defendant stated that, finding nobody around, he intended to go back and untie the cord from around Kahla's neck. However, defendant then again checked Kahla's heartbeat and determined she was dead. Defendant stated he then lifted Kahla on his shoulders and placed her in the upper loft. Defendant then reentered his vehicle and left the farm. Defendant drove to Michigan, where he remained until his arrest.

During the course of his interviews, defendant drew a map of the farm where Kahla's body could be found. Defendant also described Kahla's clothing as a multicolored sweater, dark green with a black base, blue jeans and roller skates. Defendant stated that he left Kahla fully clothed except for her roller skates. A search was conducted in the area identified by defendant that resulted in the discovery of Kahla's body. Kahla was found fully clothed except for her roller skates in the second floor of a barn with a white electrical cord wrapped tightly around her neck. The cord matched an electric blanket that was found at the scene. Also observed in the barn was a truck, an old mattress and a blue bed sheet.

On October 11, the Iowa State Medical Examiner, Dr. Thomas Bennet, performed an autopsy on Kahla. Dr. Bennet determined the cause of death to be ligature strangulation from the electrical cord. Dr. Bennet also found injuries to the anal and vaginal areas. Forensic scientist Jennie Hahn determined that seminal material found on Kahla's undergarments and on a bedspread at the barn could have come from defendant.

On October 22, 1991, the Bureau County State's Attorney filed a two-count indictment against defendant. The first count charged defendant with aggravated kidnapping. (Ill.Rev.Stat.1991, ch. 38, pars. 10-2(a)(1), (a)(2).) The second count charged defendant with first degree murder, in that the death of Kahla Lansing occurred during the commission of a kidnapping. (Ill.Rev.Stat.1991, ch. 38, par. 9-1(a)(3).) The indictment also indicated that the State intended to seek the death penalty pursuant to two statutory aggravating factors. (Ill.Rev.Stat.1991, ch. 38, pars. 9-1(b)(6), (b)(7).) On March 2, 1992, the indictment was amended to allege that the kidnapping that began in Bureau County, Illinois, continued until the death of Kahla in Iowa. Defendant argues that this amendment also added counts of intentional and knowing murder. The State disputes this characterization.

II. Defendant's Guilty Plea

On June 11, 1992, defendant withdrew his plea of not guilty and entered a plea of guilty to the charges contained in the amended indictment. At that hearing, the State's Attorney read the amended indictment and recounted a factual basis for defendant's plea into the record. In addition, the trial judge admonished the defendant concerning the possible penalties, including the possibility of the death penalty. The trial judge accepted defendant's plea of guilty on both charges.

III. Motion to Withdraw the Guilty Plea

On June 22, 1992, defendant moved to withdraw his guilty plea on grounds that it was not knowingly or intelligently entered. Defendant argued that his counsel was ineffective for failing to properly advise him concerning the consequences of pleading guilty. Specifically, defendant argued that he was not advised by...