Romero v. Varga
| Decision Date | 27 September 2022 |
| Docket Number | 19 C 4991 |
| Parties | Ramon Romero, R23572, Petitioner, v. John Varga, Warden, Dixon Correctional Center, Respondent. |
| Court | U.S. District Court — Northern District of Illinois |
Petitioner Ramon Romero, an Illinois prisoner at the Pontiac Correctional Center, brings this pro se habeas corpus action pursuant to 28 U.S.C. § 2254 challenging his convictions for attempted first-degree murder, aggravated vehicular hijacking, attempted aggravated vehicular hijacking, and aggravated battery from the Circuit Court of Cook County. See [1], [6]. For the reasons explained more fully below, the Court denies the petition on the merits and declines to issue a certificate of appealability.
Following a bench trial, Petitioner was found guilty of two counts of attempted first-degree murder of a police officer, three counts of aggravated vehicular hijacking one count of attempted aggravated vehicular hijacking, and two counts of aggravated battery. People v. Romero 105 N.E.3d 1048, 1062 (Ill.App.Ct. 2018). Petitioner did not deny that he committed these offenses but claimed he suffered from a psychotic episode at the time, and thus should not be held accountable; this was the sole issue before the trial court. Id. at 1054.
On September 11, 2010, Petitioner called Abraham Cardenis, a pastor at Faith Baptist Church in Kankakee, Illinois, who Petitioner knew from attending church on occasion, and asked Cardenis to pick him up at Midway Airport. Id. at 1055. Cardenis drove his blue Mazda Tribute from Kankakee to Chicago to pick up Petitioner. Id. Cardenis' brother-in-law accompanied him. Id. Before getting in Cardenis's car, Petitioner smashed his cellphone on the ground. Id. The three drove around for an hour looking for the expressway to drive back to Kankakee. Id. Once they found it, Petitioner decided he had changed his mind about where he wanted to go, so Cardenis pulled over to the side of the road and told Petitioner he was not a taxi driver and would not be driving him anywhere but Kankakee. Id. at 1555-56. Petitioner then pulled out a gun, forced Cardenis and his brother-in-law out of the car, and drove off. Id. Cardenis called the police. Id.
That evening, Fallon Jackson was sitting in her living room when she heard an argument coming from the parking garage below. Id. Jackson went down to the garage and saw Petitioner arguing with one of her close friends. Id.; see also [24-12] at 45. Petitioner claimed he needed gas. Romero, 105 N.E.3d at 1055. Jackson noticed he was standing near a damaged blue car that appeared to be leaking radiator fluid. Id. She called the police to report the disturbance. Id.
Chicago police officers Aaron Davis and Tiawansa Davis arrived on the scene and saw Jackson and Petitioner. Id. They noted Petitioner was wearing a white hooded sweatshirt with a green design on it. Id. Jackson tried to explain to the officers what was going on, but Petitioner kept interrupting her. Id. He pulled an orange bible out of his pocket and told Officer Tiawansa Davis that she needed to read it. Id. He then approached Officer Aaron Davis, who admonished him not to walk up on him. Id. The officer asked Petitioner to leave the area, but he refused. Id. Davis told Petitioner if he did not leave, he would be arrested. Id. In response, Petitioner pulled out his gun and shot at Officer Aaron Davis's chest. Id. Both officers and Jackson ran for cover. Id. They heard Petitioner fire at least one more shot. Id. Petitioner tried to drive away in the officers' police vehicle, but he could not start it because he did not have the keys. Id. Officer Tiawansa Davis fired her gun at Petitioner while he was in the police vehicle and then took cover with Officer Aaron Davis, who had been shot in the left shoulder. Id.
Milot Cadichon, an off-duty police officer, saw Petitioner fire at Officer Tiawansa Davis through his apartment window before Petitioner fled the scene. Id. He watched Petitioner stop a red minivan in the street and force the driver out at gunpoint. Id. Petitioner was unable to operate the minivan because it had been customized for the owner who had a disability. Id. at 1057. He abandoned the minivan after driving it only a short distance and stopped a vehicle travelling in the opposite direction. Id. at 1056-57. Petitioner again forced the driver out at gunpoint and drove off. Id. at 1056.
Hours later, Petitioner went to a nightclub in Chicago Heights where he met Juan Zavala. Id. at 1057. Petitioner introduced himself as “Elisio,” and Zavala invited him to join his group of friends at the club. Id. The two were outside smoking cigarettes when the police arrived. Id. The police began checking IDs and arrested Petitioner. Id. Zavala gave the police Petitioner's white hooded sweatshirt, which he had previously taken off and left in the club before the police arrived. Id. at 1057, 1068, 1071.
Prior to trial, the court conducted two fitness hearings to determine whether Petitioner was fit to stand trial. Id. at 1054. The first fitness hearing was held in June 2013. Id. Susan Buratto, a forensic psychiatry fellow at Northwestern Memorial Hospital, testified that she and her training director, Dr. Stephen Dinwiddie, diagnosed Petitioner with bipolar disorder. Id. Buratto explained that Petitioner was taking medication at the time of their evaluation, and it was her opinion that he would be fit to stand trial with medication. Id. The parties also stipulated to a report from the Circuit Court of Cook County's Forensic Clinical Services that was prepared by Dr. Nishad Nadkarni. Id. While Dr. Nadkarni's report acknowledged that Petitioner was prescribed Depakote, Risperdal, and Klonopin,[2] the doctor did not believe Petitioner required the medication to maintain his fitness for trial. Id. The trial court found Petitioner fit to stand trial with medication. Id.
The court held a second fitness hearing in May 2014 at the request of defense counsel, who expressed concerns about Petitioner's fitness following a three-week hospitalization where he had been taken off his medication. Id. at 1054-55. Dr. Nadkarni of Forensic Clinical Services testified that he evaluated Petitioner two weeks prior to the hearing and diagnosed him with antisocial personality disorder with narcissistic features, as well as cannabis-, cocaine-, and alcohol-use disorder. Id. at 1055. Nearly 650 pages of Petitioner's medical records from 2010, 2011, and 2012 through 2014 had been tendered to Dr. Nadkarni before the hearing. Id. He explained that the records did not change his opinion that Petitioner did not show a bona fide mental illness, as they were largely duplicative of the records he had reviewed prior to testifying. Id. Dr. Nadkarni concluded that Petitioner was fit to stand trial without medication, as his medical records showed his behavior was consistent regardless of whether he was taking medication or not. Id. The trial court found that Petitioner was fit to stand trial without medication. Id.
At trial,[3] Petitioner did not dispute that he committed the crimes charged but argued that he was mentally unfit and lacked the ability to appreciate the criminality of his conduct at the time of the offense. Id. at 1054; see also 720 ILCS 5/6-2(a). To support his insanity defense, Petitioner called his wife, Mandy Romero, and psychiatric expert Dr. Dinwiddie. Id. at 1057-60.
Mandy testified regarding Petitioner's actions and appearance following the birth of their son in August 2009 and leading up to the incidents a year later. Id. at 1057, 1078-79; [24-14] at 55. The court precluded her from testifying as to statements Petitioner made during the different episodes she discussed and reminded her just to explain her observations of Petitioner's behavior. Id. at 1078-79; [24-13] at 56, 58, 67, 79-80, 85. Mandy explained that Petitioner became increasingly paranoid after their son was born and refused to go home once she was discharged from the hospital. Romero, 105 N.E.3d at 1057. Instead, he drove her and their newborn to her mother's house because he believed people were coming after him. Id. Mandy knew Petitioner had previously been a member of the Latin Kings. Id. He stayed up all night pacing, so Mandy took him to Condell Medical Center where he was treated for anxiety. Id. Mandy was unsuccessful in her attempt to also have Petitioner treated by a psychiatrist, and she testified that his paranoia subsequently got worse. Id.
One night after their newborn urinated on their bed, Petitioner believed that Mandy was trying to kill them with their son's urine. Id. At Petitioner's request, she immediately put the sheets in the washing machine along with some of his work shirts. Id. Petitioner, however, removed his clothing from the washing machine while it was running, ran outside, and started looking through the bushes. Id. Mandy became scared when Petitioner started rambling and called the police who told him to leave the house for the night. Id. Mandy testified that she found Petitioner the following morning at the train station and told him to go to his mother's house in Kankakee. Id. A week later she discovered he was in jail. Id. at 1058. Mandy and his mother signed a petition to have him involuntarily committed, and he was sent to Riverside Hospital for evaluation. Id. He was then admitted to Tinley Park Mental Health Center for seven days and was prescribed Clonidine[4] and Risperidone. Id.
Following his discharge, Petitioner continued to receive outpatient treatment at Helen Wheeler Medical Center in Kankakee. Id. His medication...
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