People v. Ruhl
| Decision Date | 21 September 2021 |
| Docket Number | 2-20-0402 |
| Citation | 2021 IL App (2d) 200402,193 N.E.3d 81,456 Ill.Dec. 113 |
| Parties | The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Ronald E. RUHL, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
John R. Storino, Sarah L. Futernick, and Miriam J. Wayne, of Jenner & Block LLP, of Chicago, for appellant.
Eric F. Rinehart, State's Attorney, of Waukegan (Patrick Delfino, Edward R. Psenicka, and Lynn M. Harrington, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.
¶ 1 Defendant, Ronald E. Ruhl, appeals the trial court's denial of his motion for leave to file a second successive postconviction petition alleging actual innocence as well as a violation of Brady v. Maryland , 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). For the reasons that follow, we reverse and remand for second-stage postconviction proceedings.
¶ 3 The following facts come from the transcript of defendant's trial, the common-law record, defendant's second successive postconviction petition, and attachments to that petition. We will supplement the facts as needed in the analysis section.
¶ 5 On the morning of January 6, 2002, Lake County sheriff's deputy John Krempotic was patrolling eastbound on State Line Road near old Route 41 when he saw a car with Illinois license plates parked at the entrance to the Bristol Renaissance Faire in Kenosha County, Wisconsin. The fair was closed for the winter. Upon inspection, Krempotic observed damage to the closed entrance gate to the fairgrounds that corresponded to damage to the vehicle's front. When Krempotic peered inside the passenger-side window, he saw a white male slumped face down in the front passenger seat. The man appeared to have "massive" head injuries
.
¶ 6 The deceased male inside the car was identified as 27-year-old Richard "Rick" Neubauer. Neubauer had sustained three gunshot wounds: one bullet had entered his skull near his left eyebrow, another had entered the back of his head, and yet another had entered the back of his neck. According to the Kenosha County medical examiner, Dr. Maureen Lavin, it was impossible to say which bullet wound was inflicted first, although all three were inflicted while Neubauer was still alive. Both shots to the head were fatal. No firearm, bullets, or bullet casings were found at the scene.
¶ 7 The police discovered a shoe print in the frozen gravel outside the car's driver's-side door. It appeared to be a man's, approximately size 11 or 12. Because of the frozen conditions, nothing further could be ascertained concerning the footwear impression. Later, the Wisconsin Department of Justice Crime Laboratory recovered three fingerprints from the car. One belonged to Denise Schubat, Neubauer's romantic partner and the mother of his young daughter. The other two were unrelated to this case. None of the fingerprints belonged to defendant. The crime laboratory also recovered hairs from the vehicle, none of which were consistent with defendant's hair. The police recovered Neubauer's phone from the car and found a message from Schubat, received in the early morning hours of January 6, 2002, asking where he was.
¶ 8 During the subsequent investigation, authorities determined that the firearm used to kill Neubauer was a .32-caliber top-break revolver. Top-break revolvers had not been manufactured since the 1940s. The gun used to kill Neubauer was never recovered by the police.
¶ 10 On January 6, 2002, at 5:17 a.m., Waukegan police officer Keith Lamanna stopped a car driven by Raymond Serio. He described Serio as heavyset with devil horns tattooed on his shaved head. Defendant was in the front passenger seat. Because Serio was not satisfactorily answering Lamanna's questions, Lamanna obtained permission to search the car. He found a bottle of open liquor. As neither Serio nor defendant appeared intoxicated, the officer poured out the liquor and made no arrests.
¶ 12 Serio and his brother were co-owners of Whiplash
Bar & Grill (Whiplash ), near Antioch, Illinois. Whiplash was a short distance from the Bristol Renaissance Faire. Defendant had done construction work at the bar and was frequently in Serio's company. Defendant drove Serio to and from work. Serio hired Schubat as a bartender at Whiplash. Customarily, Neubauer picked Schubat up there after 2 a.m. He would wait inside his car in the parking lot until she finished work. Serio knew Neubauer by sight.
¶ 13 The following facts are taken from our 2005 opinion addressing Serio's direct appeal from his conviction for first degree murder ( 720 ILCS 5/9-1 (West 2002) ), arising from Neubauer's death. On April 4, 2002, Lake County sheriff's detective Timothy Jonites and another detective interviewed Serio. People v. Serio , 357 Ill. App. 3d 806, 810, 294 Ill.Dec. 337, 830 N.E.2d 749 (2005). Serio told the police the following. In November 2001, he and Schubat began a romantic relationship. Serio , 357 Ill. App. 3d at 810, 294 Ill.Dec. 337, 830 N.E.2d 749. Three weeks later, Schubat complained to Serio that Neubauer would always be in her life unless he were dead. Serio , 357 Ill. App. 3d at 810, 294 Ill.Dec. 337, 830 N.E.2d 749. Serio ignored Schubat at first but eventually said that he could " ‘set it up.’ " Serio , 357 Ill. App. 3d at 810, 294 Ill.Dec. 337, 830 N.E.2d 749. When Serio told Schubat that defendant would kill Neubauer, Schubat said that defendant was not " ‘man enough’ " to do it. Serio , 357 Ill. App. 3d at 810, 294 Ill.Dec. 337, 830 N.E.2d 749. On the night that Neubauer was killed, Serio was with Schubat inside Whiplash. Serio , 357 Ill. App. 3d at 810, 294 Ill.Dec. 337, 830 N.E.2d 749. Defendant was outside in the parking lot, where Neubauer was in his car, waiting for Schubat. Serio , 357 Ill. App. 3d at 810, 294 Ill.Dec. 337, 830 N.E.2d 749. Serio and defendant were talking on their phones, which functioned as walkie-talkies. Serio , 357 Ill. App. 3d at 810, 294 Ill.Dec. 337, 830 N.E.2d 749. Defendant asked Serio if he really wanted Neubauer to die. Serio , 357 Ill. App. 3d at 811, 294 Ill.Dec. 337, 830 N.E.2d 749. Serio told defendant: " " Serio , 357 Ill. App. 3d at 811, 294 Ill.Dec. 337, 830 N.E.2d 749. Not believing that defendant would kill Neubauer, Serio was shocked when he heard a gunshot from outside. Serio , 357 Ill. App. 3d at 811, 294 Ill.Dec. 337, 830 N.E.2d 749. Serio looked outside and saw defendant standing next to Neubauer's car. Serio , 357 Ill. App. 3d at 811, 294 Ill.Dec. 337, 830 N.E.2d 749. Serio saw that Neubauer's jaw was quivering. Serio , 357 Ill. App. 3d at 811, 294 Ill.Dec. 337, 830 N.E.2d 749. Neubauer was not dead. Serio , 357 Ill. App. 3d at 811, 294 Ill.Dec. 337, 830 N.E.2d 749. Schubat went home, and defendant rolled Neubauer into the passenger seat of his car. Serio , 357 Ill. App. 3d at 811, 294 Ill.Dec. 337, 830 N.E.2d 749. Defendant drove Neubauer to the Bristol Renaissance Faire, and Serio followed in his own car. Serio , 357 Ill. App. 3d at 811, 294 Ill.Dec. 337, 830 N.E.2d 749. Serio was afraid that defendant would kill him or his family if he refused to cooperate. Serio , 357 Ill. App. 3d at 811, 294 Ill.Dec. 337, 830 N.E.2d 749. Defendant rammed Neubauer's vehicle into a fence at the fairgrounds and then shot Neubauer several more times. Serio , 357 Ill. App. 3d at 811, 294 Ill.Dec. 337, 830 N.E.2d 749. Defendant rolled the gun and latex gloves that he was wearing into his sweater and placed the bundle under the hood of Serio's car. Serio , 357 Ill. App. 3d at 811, 294 Ill.Dec. 337, 830 N.E.2d 749. At about 4 a.m., police stopped them in Waukegan. Serio , 357 Ill. App. 3d at 811, 294 Ill.Dec. 337, 830 N.E.2d 749. The officer searched the car, but he found only an open bottle of tequila in the trunk. Serio , 357 Ill. App. 3d at 811, 294 Ill.Dec. 337, 830 N.E.2d 749. The officer poured out the liquor and allowed defendant and Serio to leave the scene. Serio , 357 Ill. App. 3d at 811, 294 Ill.Dec. 337, 830 N.E.2d 749. Serio drove defendant to a hotel where he was staying, and then Serio went home. Serio , 357 Ill. App. 3d at 811, 294 Ill.Dec. 337, 830 N.E.2d 749. At this time, defendant owed Serio $2500 for drugs. Serio , 357 Ill. App. 3d at 811, 294 Ill.Dec. 337, 830 N.E.2d 749. Serio stated that Schubat would receive $20,000 in life insurance from Neubauer's death. Serio , 357 Ill. App. 3d at 811, 294 Ill.Dec. 337, 830 N.E.2d 749.
¶ 14 On April 6, 2002, Serio was arrested for his participation in Neubauer's murder. Serio , 357 Ill. App. 3d at 808, 294 Ill.Dec. 337, 830 N.E.2d 749. The State charged Serio with first degree murder, based on the theory that he ordered defendant to shoot Neubauer. Serio , 357 Ill. App. 3d at 808, 294 Ill.Dec. 337, 830 N.E.2d 749. At Serio's trial, the State introduced his confession. Serio , 357 Ill. App. 3d at 812, 294 Ill.Dec. 337, 830 N.E.2d 749. The State also presented the testimony of Amanda Barbaro. Barbaro testified that she and Serio began a romantic relationship two or three weeks after Neubauer's murder. Serio , 357 Ill. App. 3d at 812, 294 Ill.Dec. 337, 830 N.E.2d 749. In February 2002, Serio told Barbaro that he shot Neubauer at the Bristol Renaissance Faire because Neubauer was not yet dead. Serio , 357 Ill. App. 3d at 812, 294 Ill.Dec. 337, 830 N.E.2d 749. Serio also told Barbaro that he hid the gun under the hood of his car. Serio , 357 Ill. App. 3d at 812, 294 Ill.Dec. 337, 830 N.E.2d 749. A jury found Serio guilty, and the court sentenced him to 50 years’ imprisonment. Serio , 357 Ill. App. 3d at 808, 294 Ill.Dec. 337, 830 N.E.2d 749.
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People v. Basile
...counsel that our supreme court rules "are not mere suggestions but have the force of law and should be followed." People v. Ruhl , 2021 IL App (2d) 200402, ¶ 56, 456 Ill.Dec. 113, 193 N.E.3d 81. Nonetheless, we decline to strike the entire section but instead will disregard any noncompliant......