People v. Terrell
| Decision Date | 25 October 1989 |
| Docket Number | No. 64113,64113 |
| Citation | 547 N.E.2d 145,138 Ill.Dec. 176,132 Ill.2d 178 |
| Parties | , 138 Ill.Dec. 176 The PEOPLE of the State of Illinois, Appellee, v. Drew TERRELL, Appellant. |
| Court | Illinois Supreme Court |
Charles M. Schiedel, Deputy Defender, Peter L. Rotskoff, Asst. Defender, Office of the State Appellate Defender, Springfield, for appellant.
Neil F. Hartigan, Atty. Gen., Springfield, and Richard M. Daley, Cecil A. Partee, State's Attys., Chicago (Terence M. Madsen, Asst. Atty. Gen., Chicago, and Inge Fryklund, Kevin Sweeney, Kathleen Warnick and Renee Goldfarb, Asst. State's Attys., of counsel), for people.
The defendant, Drew Terrell, was charged by indictment with the murder and aggravated criminal sexual assault of 15-month-old Laura Hampton. Following a bench trial, the defendant was convicted of both crimes and the defendant's motion for a new trial was denied. The State then requested a death penalty hearing and the defendant elected to be sentenced by the court and not by a jury. At the sentencing hearing, the court found that the defendant was 18 years of age or older at the time of the offenses and that two of the aggravating factors set forth in section 9-1(b) of the Criminal Code of 1961 (Ill.Rev.Stat.1985, ch. 38, par. 9-1(b)) were present. After hearing evidence in mitigation, the trial court concluded that there were no mitigating factors sufficient to preclude the imposition of death and sentenced the defendant to death. The death sentence has been stayed (107 Ill.2d R. 609(a)) pending direct appeal to this court (Ill. Const.1970, art. VI, § 4(b); 107 Ill.2d R. 603).
The issues for our review are: (1) whether the trial court erred in denying the defendant's motion to suppress his confession; (2) whether there was sufficient evidence to establish that the defendant had the requisite mental state to sustain a murder conviction; (3) whether the criminal sexual assault and aggravated criminal sexual assault statutes are constitutional; (4) whether the trial court's consideration of a victim impact statement requires a new sentencing hearing; (5) whether other alleged errors in sentencing require reversal of the defendant's death sentence; and (6) whether the trial court erred in ordering the defendant's death sentence and his 60- year extended sentence for aggravated criminal sexual assault to run consecutively. The defendant also asks that we reconsider prior decisions holding our death penalty statute constitutional.
At trial, the mother of the victim, Markeeter Hampton, testified that in August of 1985, she and her 15-month-old daughter, Laura Hampton, lived in an apartment with the defendant and the defendant's mother, Elizabeth Terrell. On the morning of August 27, 1985, Ms. Hampton went to work, leaving Laura with the defendant's mother, who was to baby-sit that day. Ms. Hampton testified that later that morning the defendant telephoned her and told her that Laura had pulled a stereo down on herself and was at St. Anthony's Hospital in a coma. She testified that Laura was subsequently transferred to Cook County Hospital, where she died that afternoon.
Officer John Grantz and Detective James Clemmons of the Chicago police department testified that they were called to investigate a possible child abuse case at St. Anthony's Hospital on August 27, 1985. Both officers testified that, when questioned in the hospital emergency room, the defendant stated that he was alone with the victim and believed that her injuries were caused by a stereo falling on her. Detective Clemmons testified that he spoke with a physician at the hospital concerning the victim's injuries, and was told the laceration which extended from Laura's vagina to her anus was not consistent with the defendant's story about the stereo equipment. Detective Clemmons testified that he observed bruises on the victim's face, head, back and stomach, and saw blood running from her vagina when the doctor opened her diaper. After learning that the injuries were inconsistent with the defendant's explanation, Detective Clemmons took the defendant to the police station for questioning.
Detective Ginko testified at the trial that he and Detective Lahm questioned the defendant at 3 p.m. for 10 minutes. Ginko testified that, after waiving his Miranda rights, the defendant stated that he was alone with the victim in the apartment when he heard a noise that sounded like something falling. The defendant said that he walked from the bathroom into the bedroom and discovered Laura lying on her back, with a bruise on her face, and stereo components on her leg and above her head. The defendant also told the officers that his mother, Elizabeth Terrell, came home shortly thereafter and took the baby to the hospital.
Assistant State's Attorney James Sullivan testified that he interviewed the defendant at 6:45 p.m. for 25 minutes, in the presence of Detectives McManamon and Nuccio. Sullivan said the defendant gave an oral statement during this interview. A court reporter was then summoned and the defendant gave a statement in the court reporter's presence. After the statement was reduced to writing, the defendant read and signed the statement. The trial court admitted this transcribed statement into evidence.
Prior to giving the statement, the defendant was advised of his Miranda rights, said that he understood those rights and agreed to discuss the victim's injuries and death. The defendant stated that he was left alone with Laura Hampton at approximately 10 a.m. on August 27, 1985, when his mother went to the currency exchange to cash a check. He stated that he carried Laura into the bedroom and laid her on the bed next to him. When the baby woke up and began to cry, the defendant struck her on the back with his open hand. Laura continued to cry, so the defendant changed her diaper. Laura continued to cry after her diaper was changed, so the defendant struck her again with an open hand on the side of the face. The defendant then picked her up and laid her on her back across a pillow. When she continued to cry, he hit her four or five times in the stomach with a closed fist. The defendant then noticed that Laura had had a bowel movement, so he cleaned her and put on a new diaper, but did not fasten it. The defendant stated that he inserted a Q-tip and then his finger into the baby's vagina and started "handling her." The defendant admitted that it was difficult to put his finger in "there." The defendant stated that he inserted his finger a couple of inches, "up to the bone" and stated that he was "looking for a pain response." The defendant stated that the baby "hollered for a few minutes, then stopped hollering." Defendant said that he continued this for about "a minute or two" until he heard his mother knock at the door. When his mother entered the apartment, the defendant told her that the baby had accidentally pulled the stereo onto herself. He told the assistant State's Attorney that he had put the stereo on the floor when he first saw the bruises on the baby's face, before he put his finger in the baby's vagina. In concluding the statement, the defendant stated that he had been treated well by the police and the assistant State's Attorney and that he had not been threatened.
Dr. Robert Stein, the medical examiner of Cook County and a forensic pathologist, described the nature and extent of the victim's injuries at trial. He testified that his postmortem examination revealed blood in the victim's peritoneal and pleural cavities, collapsed lungs, contusions of the heart, lacerations of the liver and a tearing of the mesentery. His examination also revealed blood on the kidneys and pelvis as well as lacerations of the vagina and rectum. He testified that the victim's injuries were recent and produced before death. He concluded that the victim's death had been a homicide. He also testified that the lacerations to the victim's genital area were consistent with a finger or Q-tip being inserted into the vagina.
At the trial, the defendant testified that he was left alone with Laura at approximately 9:30 a.m. on August 27, 1985, when his mother went to the currency exchange. He stated that he took the baby to the hospital at approximately 11 a.m. and told the police that it appeared as though a stereo had fallen on the victim. On cross-examination, the defendant denied that he watched Laura while his mother went to the currency exchange. He testified that he "stepped out" for approximately 40 minutes while his mother was gone and left Laura alone in the apartment. He stated that he spoke to "associates" while he was gone, but could not remember any of their names. The defendant stated that when he returned to the apartment, it appeared as though a stereo had fallen on Laura. Later, he said that he heard the stereo fall after returning to the apartment. Although the defendant on cross-examination denied portions of his written statement, he conceded that the words in the statement were his own and that he was not told what to say or physically beaten by police. He claimed, however, that he gave a statement to the assistant State's Attorney because a police officer had confronted him and asked him whether he knew what happened to people who did not cooperate with police. On redirect examination the defendant testified that the statements he made to police at the hospital were true.
After hearing the evidence and closing arguments, the trial court found the defendant guilty of murder and aggravated criminal sexual assault. The State then requested a death penalty hearing, and the defendant waived his right to be sentenced by a jury. Based on evidence introduced at the eligibility phase of the proceedings, the trial court found the defendant to be 18 years old at the time of the crimes and that two of the aggravating factors set forth in section 9-1(b) of the Criminal Code...
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