People v. Sprinkle
| Citation | 4 Ill.App.3d 6,280 N.E.2d 29 |
| Decision Date | 06 March 1972 |
| Docket Number | No. 70--108,70--108 |
| Parties | PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Billy Rose SPRINKLE, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Bruce Stratton, Illinois Defender Project, Ottawa, for defendant-appellant.
Joseph Polito, Asst. State's Atty., Joliet, for plaintiff-appellee.
The defendant was charged by indictment in Will County with the crimes of murder and deviate sexual assault. Subsequently he pleaded guilty to both of these charges and was sentenced to a term of not less than 75 nor more than 90 years for murder and to a term in the penitentiary of not less than 13 nor more than 14 years for deviate sexual assault. The sentences were to run concurrently.
The sentencing of the defendant resulted from offenses which occurred in the late afternoon on September 16, 1968, in the city of Joliet. On that date the defendant was 14 years of age and with a companion, James David Perrequet, who was of the same age. The defendant and Perrequet encountered a 14 year old boy named David Stukel, who was on his way home from school. The defendant and Perrequet attempted to sell Stukel a transistor radio and when Stukel refused to purchase the radio a scuffle ensued in which he was hit, pushed and ultimately dragged into a vacant lot covered with high brush. While in this lot the victim Stukel was forced to submit to acts of fellatio and pederasty. After these acts were completed Stukel was beaten by the defendant and Perrequet with their fists, kicked with their feet and then further struck about the head with a metal bar and a concrete block. The immediate cause of the victim's death was brain damage resulting from the beating.
When the victim's body was found later in the evening an examination disclosed that his back was covered with contusions, lacerations and abrasions. His head was completely covered with blood and deep lacerations. On the victim's back was found a Marlboro cigarette butt, cigarette ash and some discoloration of the skin.
Multiple fractures and brain hemorrhages were found when an autopsy was performed. A police investigation did not indicate that there had ever been any prior contact between the victim, the defendant and Perrequet.
The defendant attacks the constitutionality of the statute which governs the transfer of cases from the juvenile division of the circuit court to the criminal division, Chapter 37, Section 702--7(3), Illinois Revised Statutes. He argues that it fails to afford a meaningful hearing on the transfer because it does not require the court to give reasons for not objecting to a transfer, and that in the instant case a hearing was not held. Also the defendant argues that the statute is infirm regarding allocation of the burden of proof, that it is vague and ambiguous and because of a lack of standards denies to a defendant an equal protection of the law.
The relevant provisions of the governing statute of the Juvenile Court Act are:
Ill.Rev.Stat.1967, ch. 37, par. 702--7.
On September 17, 1968, a petition was filed in the juvenile court division of Will County (Will County designates their court having juvenile jurisdiction as the family court division) which charged the defendant with being a delinquent. At hearing held on this date the coroner testified as to the cause of death of David Stukel and an investigator of the Sheriff's office related that the defendant was in custody in connection with said death and that the defendant had admitted his involvement. At the conclusion of the hearing that court found further detention of the defendant was required. On September 27, 1968, the prosecution again appeared in the juvenile court and petitioned that the case be removed to the criminal division of the circuit court of Will County. Counsel for the defendant consented and the trial court stated that it had no objections so the case was so transferred.
The defendant strongly urges that the case of Kent v. U.S., 383 U.S. 541, 86 S.Ct. 1045, 16 L.Ed.2d 84, is controlling of the issues he has raised regarding the validity of the procedures in our Juvenile Court Act pertaining to the transfer of cases from the juvenile court to the criminal division. In Kent the U.S. Supreme Court held that a waiver of jurisdiction (by the juvenile court) is a 'critically important' action determining the vitally important statutory rights of minor. The Supreme Court further held that a minor defendant was entitled to a hearing as to waiver and to a statement of reasons for the juvenile court's decision. It is to be noted, however, that Justice Fortes stated in Kent that such a result was required by the District of Columbia statute when read in context with the constitutional principles relating to due process.
The District of Columbia statute is different from the Illinois statute regarding waiver of jurisdiction of a minor in that in the District of Columbia the judge is permitted to waive jurisdiction only after a full investigation. In the Kent case counsel for the defendant arranged for his client to be examined by two psychiatrists and a psychologist. He thereafter filed with the juvenile court a motion for hearing on the question of waiver of the juvenile court's jurisdiction, together with an affidavit of a psychiatrist testifying that the defendant was a victim of severe psychopathology and hospitalization for psychiatric observation was recommended. Counsel for the defendant in support of his motion to the effect that the juvenile court should retain jurisdiction offered to prove that if the defendant were given adequate treatment in a hospital under the aegis of the juvenile court he would be a suitable subject for rehabilitation. Counsel for the defendant further moved that the juvenile court provide him access to a social service file relating to the defendant and which had been compiled by the staff of the court. If was the argument of the counsel that access to this file was essential to his providing the defendant with effective assistance of counsel. The District of Columbia Juvenile Court judge did not rule on any of the motions filed by defense counsel. He further held no hearing. He did not confer with the defendant, his parents or counsel, but instead entered an order reciting that after full investigation he waived jurisdiction of the defendant and directed that he be held for trial under the regular procedure of the United States District Court for the District of Columbia. No findings were made, no reason for the waiver was stated, defense counsel's motions were merely ignored as far as any reference to them was concerned. Sub silentio he denied motions for a hearing, the recommendation for hospitalization, the request for access to records and the offer to prove that the defendant was a fit subject for rehabilitation.
In the case before us the record discloses a far different procedural picture. On September 17, 1968, a petition for delinquency was filed in which it was alleged that the defendant was involved in a murder. In support of this petition the prosecutor presented two witnesses, one the coroner who testified as to the corpus delicti, and a chief investigator for the sheriff's office who testified that defendant had made a statement which involved him in the alleged murder. At the hearing the defendant was represented by counsel and his father was present. The record shows that the court was quite solicitous as to the question of whether or not counsel for defendant was ready to proceed to a hearing or if additional time for preparation was necessary. During the course of the hearing the court granted a motion of defense counsel which required that certain tapes containing statements of the defendant be produced. The court found that detention of the defendant was required and continued the adjudicatory hearing to September 27, 1968. On this latter date the defendant was again present in court along with his counsel and with both his mother and father. The prosecution then filed a verified petition to locate the case in the criminal division of the circuit court. The petition alleged that the defendant had previously been placed under the supervision of the Juvenile Probation Officer for conduct ranging from criminal damage to property to theft and burglary. The petition further alleged that defendant committed certain acts resulting in the murder of David Stukel. Counsel for the defendant acknowledged that he had been previously served with a copy of the petition and that he would concede to its prayer. The court advised defendant's counsel as to the purpose of the hearing and stated that it was ready to listen to any evidence...
To continue reading
Request your trial