People v. Stahl
| Decision Date | 19 February 2013 |
| Docket Number | Docket No. 5–11–0385. |
| Parties | The PEOPLE of the State of Illinois, Plaintiff–Appellant, v. Terris E. STAHL, Defendant–Appellee. |
| Court | United States Appellate Court of Illinois |
OPINION TEXT STARTS HERE
Brendan F. Kelly, State's Attorney, of Belleville (Patrick Delfino, Stephen E. Norris, and Jennifer Camden, all of State's Attorneys Appellate Prosecutor's Office, of counsel) for the People.
Justin A. Kuehn and Matthew P. Young, both of Kuehn Law Firm, of Belleville, for appellee.
[368 Ill.Dec. 638]¶ 1 The defendant, Terris E. Stahl, is unable to remember any of the events surrounding the incidents leading to charges of home invasion and aggravated unlawful restraint due to brain damage resulting from a self-inflicted gunshot wound. He was found unfit to stand trial. After a subsequent fitness restoration hearing, the court again found that the defendant was unfit to stand trial and that it was not reasonably probable that he could be fit within one year. The State appeals, arguing that the defendant's inability to recall events does not render him unfit to stand trial. We affirm.
¶ 2 The events at issue occurred shortly after the defendant's former wife, Erin Kruep, filed for divorce. According to testimony presented at a discharge hearing after the initial finding of unfitness, Kruep spent the evening of April 5, 2009, at her home with Chuck Smith (a friend of both Kruep and the defendant), Alyssa Schmitt (Kruep's 17–year–old babysitter), and William Marshall (Schmitt's boyfriend). At 1 in the morning, Kruep went to bed and invited her three guests to stay overnight. Marshall left some time later, but Smith fell asleep in Kruep's guest room and Schmitt fell asleep on the living room sofa. Kruep and the defendant had a four-year-old son, Owen, who was asleep in his bedroom when these events took place.
¶ 3 At 4 in the morning, Kruep and Schmitt woke up when they heard glass break and Kruep's burglar alarm go off. The defendant pointed a gun at Schmitt and demanded to know where Kruep was. He then found Kruep in her bedroom, pointed a gun at her, and threatened to kill her. The defendant woke Smith by going to the guest room and pointing a second gun in Smith's face. With one gun pointed at Kruep and Schmitt and the other pointed at Smith, the defendant told them that they were all “gonna die” that night. Kruep managed to call 9–1–1 on her cell phone and ask for help before the defendant knocked the phone from her hand.
¶ 4 The defendant ordered Kruep, Schmitt, and Smith into the basement. He continued to hold all three at gunpoint, with one gun in each hand. He told Kruep that if she would take him back, he would change. However, he then fired a shot into the wall and told her, “Now you know I'm serious, bitch.”
¶ 5 Owen woke up and turned on the bathroom light. The defendant allowed Schmitt to go upstairs to take care of him. While Schmitt was upstairs with Owen, she looked out the window and saw a police officer outside who had arrived in response to Kruep's 9–1–1 call. Schmitt motioned to the officer through the window. She held her hand in the shape of a gun and pointed to her head, then pointed down the hallway toward the basement door. The officer returned to his squad car and called for backup. Schmitt took Owen and left the house.
¶ 6 The defendant continued to point the guns at Kruep and Smith. He told Kruep that if he could not have her, he would kill her. Later, the police tactical response force arrived at the house. An officer attempted to talk to the defendant with a megaphone. The defendant eventually decided that he would be willing to talk to a police officer he knew if that officer was at the scene. He sent Smith upstairs to find out whether the officer was there. Some time later, the defendant told Kruep that he did not want to go to jail. He told her what kind of funeral he wanted and what he wanted her to tell their son about his death. He then told her to leave. As Kruep was leaving, she heard a gunshot. She ran from the house and told the officers that the defendant had shot himself.
¶ 7 The defendant was found lying facedown in a doorway on the main floor of Kruep's home. He was taken to the hospital. A trail of blood led from the defendant down the stairs leading to the basement. Two guns were found in the basement, including a .22 that was found in a pool of blood with its hammer cocked.
¶ 8 The defendant was arrested in May 2009 and charged with home invasion (720 ILCS 5/12–11(a)(1) (West 2008)) and aggravated unlawful restraint (720 ILCS 5/10–3.1(a) (West 2008)). He was conditionally released to live with his parents because the county jail could not meet his medical needs. He was indicted on both charges on June 12, 2009. On October 1, 2009, the defendant filed a motion for a hearing to determine his fitness to stand trial.
¶ 9 Prior to the initial fitness hearing, two psychologists provided opinions, Dr. Kenneth Gilbert and Dr. John Rabun. Dr. Kenneth Gilbert initially evaluated the defendant in July 2009, after the defendant's mother hired him to evaluate the defendant's risk of suicide. Dr. Gilbert provided a report in January 2010 based upon his July 2009 evaluation. He opined that the defendant suffered two types of memory deficit as a result of the gunshot wound. First, the defendant was unable to recall the events at issue or anything that happened in the 48 hours leading up to those events. Second, the defendant's ability to form new short-term memories was severely impaired. Dr. Gilbert explained that this short-term memory impairment would make it impossible for the defendant “to track what happened in court from one day to the next.”
¶ 10 Dr. Gilbert explained that the type of brain injury sustained by the defendant could lead to memory loss because the “swelling and distortion of brain tissue” caused by the gunshot interrupts the process of creating neurological connections that establish memories. Dr. Gilbert opined that it was possible for the defendant's short-term memory impairment to improve, although he could not predict with any certainty whether this would be the case. He opined, however, that there was “no probability” that the defendant would recover his memories of the events at issue or the 48 hours leading up to them. He concluded that the defendant could not understand the nature of the proceedings against him or assist in his own defense.
¶ 11 Dr. John Rabun was retained by the State to perform an independent evaluation of the defendant. He provided a report in April 2010. Dr. Rabun essentially agreed with Dr. Gilbert. He found that the defendant had no memory of the day of the events charged as well as “significant deficits in his capacity to learn and retain new information.” Dr. Rabun noted that the defendant's cognitive difficulties were significant enough that his father had been appointed to act as his plenary legal guardian as a result. Dr. Rabun concluded that the defendant was unable to understand the nature of the proceedings against him and unable to assist in his defense. He opined that all of the defendant's memory impairments were unlikely to improve.
¶ 12 In July 2010, the matter was called for a hearing. The parties stipulated that Dr. Gilbert and Dr. Rabun would testify in accordance with the opinions expressed in their reports if called to testify. In light of the fact that both psychologists believed that the defendant was not fit to stand trial, the State stipulated to a finding of unfitness. The court held a discharge hearing in November 2010. After hearing the testimony set out previously, the court found the defendant “not guilty” and ordered him committed to Alton Mental Health Center. The defendant was admitted to Alton on February 24, 2011.
[368 Ill.Dec. 641]¶ 13 On March 17, 2011, Alton staff filed a progress report with the court indicating that the defendant was now fit to stand trial. See 725 ILCS 5/104–18(a)(2) (West 2010). The report was signed by Dr. David Montani, a staff psychologist who was treating the defendant. Dr. Montani stated that the defendant still was completely unable to recall the events at issue and continued to have difficulty in forming new memories. He explained that the defendant had been tested by Dr. Ronald Sellers to assess the extent of his memory deficit. Dr. Sellers' testing revealed that the defendant was in the bottom percentile in his ability to recall new information after 20 to 30 minutes. Dr. Montani nevertheless opined that the defendant was fit to stand trial. He noted that the defendant was able to tell him the roles of the judge, prosecutor, defense counsel, and jury in a trial. He also noted that the defendant was able to discuss with him the proceedings at the November 2010 discharge hearing.
¶ 14 The court held a fitness restoration hearing on May 13, 2011. At the outset of the hearing, defense counsel stated that “both parties would ask the court to take judicial notice of all the prior reports.” He noted that this included the reports of Dr. Gilbert and Dr. Rabun from 2010, which had previously been admitted. The prosecutor stated, “That's correct, Your Honor.”
¶ 15 Dr. Montani testified for the State that the defendant had a basic understanding of the charges against him and the possible penalties as well as the roles of courtroom personnel. He further testified that when he discussed the November 2010 discharge hearing with the defendant, the defendant was able to recall and discuss the evidence presented at that hearing. The defendant was able to tell Dr. Montani about discrepancies in the testimony of witnesses at the hearing and comment on the fact that no gunshot residue testing was conducted. Dr. Montani acknowledged that the defendant still suffered from significant short-term memory impairment, but he believed that this would not prevent him from...
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