9-1), the jury found that one or more of the factors set forth in section 9-1(d) existed, and found that there were no mitigating factors sufficient to preclude a sentence of death. Rignall was a witness for the defense after all, and they definitely would've cross-examined Rossi (who was a witness for the prosecutors). The People and defendant stipulated that all the evidence heard at the trial could be considered by the jury at the death penalty hearing. Our statute provides that a defendant may be sentenced to death if he "has been convicted of murdering two or more individuals * * * regardless of whether the deaths occurred as the result of the same act or of several related or unrelated acts so long as the deaths were the result of either an intent to kill more than one person or of separate premeditated acts * * *." VI, sec. At about the time Piest disappeared, *19 defendant's truck was seen outside the pharmacy. Because no offers of proof were made concerning the testimony which would have been elicited from defendant's experts, it is impossible to determine the adverse effect, if any, of the alleged error. jeffrey rignall testimony transcript - samskruti.udayavani.com The court, noting the rule that only treating physicians could testify "as to [their] medical opinions based upon subjective symptoms described by the patient," held that it was not an abuse of discretion for the trial court to so limit the psychiatric testimony. The testimony shows that "borderline personality disorder" was given that designation for the first time in DSM III (Diagnostic Statistical Manual III), which was approved and adopted by the American Psychiatric Association while this case was being tried. Defendant has listed only one instance where his request for additional specific questions on exposure to news accounts was denied. This contention is difficult to accept in light of defense counsel's statement in opening argument that the insanity defense "is the only defense that we could use here," the defense experts' admission that defendant had committed the acts, and the lack of any evidence in the record which would tend to dispute the charge that defendant had committed the murders. Citing People v. Steptore (1972), 51 Ill. 2d 208, 216, and People v. Pfanschmidt (1914), 262 Ill. 411, defendant argues that a witness may not be impeached on a collateral matter and that "the test of collateralness is whether the fact for which the testimony is offered in contradiction of a witness' testimony could have been shown in evidence for any purpose independent of the alleged contradiction." Citing People v. Pumphrey (1977), 51 Ill. App.3d 94, defendant argues if the sole purpose of the impeaching evidence is to contradict the witness and if it is not relevant for any other purpose, it is inadmissible. While Lynch was lying still, defendant rolled him onto his side, and unlocked his hands. He made it back to his girlfriend's house and she took him to Northwestern Memorial Hospital, where he stayed for six days. Defense counsel asked if he actually witnessed this, and Dr. Freedman replied: "I have, the tape which I have played to many experts, and no one doubts * * *." While defendant has a fundamental right to be present at any critical stage of the proceedings against him, he does not have an absolute right to be present also at the argument of motions subsequent to verdict. On cross-examination, Dr. Traisman agreed that it would be correct to say that defendant was a very severely disturbed man "but who reflects sufficient *58 awareness of any aggressive destructive behavior * * * [and] * * * knows the nature of any antisocial acts he might perform and * * * would be quite cognizant of whether or not they are right or wrong on a moral level." His mother had driven to the pharmacy to pick him up after work and he told her that he was going to see a building contractor about a summer job and would be back in a few minutes. (People v. Jackson (1981), 84 Ill. 2d 350, 358-59.) Trial counsel stipulated to the admission at the sentencing hearing of all the evidence presented at trial. During the voir dire of that trial, this same juror stated that he knew nothing about the defendant and had not expressed any opinion as to his guilt or innocence. Defendant contends that the jury was confused as to the requirements of the mitigating factor as differentiated from the defense of insanity and that this was evidenced by the confusion shown by the attorneys in their arguments in the death penalty hearing. The court then instructed the jury to disregard any remarks concerning *82 this matter. The Des Plaines police quickly settled on Gacy as a suspect and found Rignall's charge on Gacy's rap sheet. We see no basis upon which to find that a formal written presentence investigation report would alter the judge's determination on the facts of this case. Defendant concedes that it is proper, under certain circumstances, to consider prior arrests and convictions of a suspect in determining whether probable cause exists. When asked how he could determine from one interview whether defendant was psychotic at certain points in time, Dr. Eliseo stated that he would determine the general personality characteristics and structure of defendant and then "project back. Was this information acquired through firsthand or personal knowledge of the informant?" Defendant held Donnelly's head under water again until he passed out, and when he regained consciousness he repeated this *62 procedure once more. Rignall testified that he was currently under psychiatric care and was also receiving treatments for his liver because the repeated use of chloroform had damaged his liver. In a hearing requested by the People concerning the 12 murders committed subsequent to the enactment of the death penalty provision of section 9-1 of the Criminal Code of 1961 (Ill. Rev. Defendant next contends that there were many instances where the People engaged in improper closing argument. The factors are: failure to prepare for the hearing, failure to present any evidence on the statutory mitigating factor of extreme mental or emotional disturbance, failure to present other mitigating evidence, and failure to make a competent closing argument. He recounted he lost approximately 40 pounds, became severely withdrawn, and experienced depression and "bouts of vomiting. 1979, ch. We conclude that these three alleged errors, in a transcript containing more than 5,500 pages, could not have deprived defendant of a fair trial. 2d 608, 623, 99 S. Ct. 2898, 2907.) In most of these cited instances, defense counsel did not suggest additional questions to be asked of the prospective jurors. John Wayne Gacy's murder trial began on February 6, 1980. The People's experts all testified that defendant was suffering only from a personality defect, that he was never psychotic, and that he was legally responsible for his criminal acts under the Illinois standard. Antonucci managed to get out of one of the cuffs, but pretended that he had not, and when defendant returned to the room Antonucci placed the handcuffs on defendant. Dr. A. Arthur Hartman, a clinical psychologist, was called to examine defendant by Dr. Robert Reifman, a psychiatrist, at the inception of the case due to the seriousness of the charges. The 6 most disturbing John Wayne Gacy moments from Netflix's ... He testified that defendant told him that he had a degree in psychology, which he needed in order to more easily manipulate people. Defendant's other citations to trial counsel's alleged incompetence are without merit. He asked Donnelly "How's it feel knowing that you're going to die?" 1977, ch. On cross-examination, Ried stated that he might have had an argument with defendant before this incident occurred. We find no error in the circuit court's refusal to allow funds for this expenditure. If defendant had revealed to his attorneys any details whatsoever concerning the 33 murders, defendant's attorneys were aware that some 27 or so bodies were buried in the crawl space and in other parts of defendant's home and that the police were on the verge of uncovering these bodies. Sorry, this post was deleted by the person who originally posted it. JUSTICE GOLDENHERSH delivered the opinion of the court: In indictments returned in the circuit court of Cook County, defendant, John Wayne Gacy, was charged with 33 counts of murder, one count of deviate sexual assault, one count of indecent liberties with a child, and one count of aggravated kidnaping. Defendant stated that the killings became less frequent later on because he was working so hard, and he was too tired to "go cruising." Outside the presence of the jury, it was established that Dr. Eliseo had not attempted to verify any of the facts that defendant had told him, read *55 the police reports, talked to any of the people involved, or read any of the reports of the other psychologists or psychiatrists. Rignall's testimony during Gacy's trial helped to secure the latter's conviction and death sentence. We need not address all these assertions, as we find that Dr. Garron had a sufficient factual basis for his opinion. Moreover, defendant's attorneys would have been aware that the Des Plaines police had positively linked defendant to Robert Piest's disappearance and that further links between defendant's young former employees and their disappearances would be discovered. Defense counsel stated: "We have four psychiatrists who will testify in court * * *," and then listed them. When asked on cross-examination whether defendant was indistinct or contradictory, Dr. Reifman replied: "He tries to obfuscate, or tries to present a picture that is not clear." Under this theory, information which is associated with a strong emotional response is much more easily remembered than information which does not evoke a particular emotional response. Defendant also complains that he should have been permitted more than the 20 peremptory challenges allowed by statute. Defendant concedes that this court in People v. Gaines (1981), 88 Ill. 2d 342, 372-74, held that a presentence investigation report is not required in capital murder cases. The fact that defendant, in effect, stipulated to the statutory aggravating factor which the People were required to prove beyond a reasonable doubt does not alter that requirement. Defendant then "patched up" Ried's head. Defendant asserts that the statements, in effect, directed a verdict of death and stripped the jury of its duty to weigh the evidence fairly and dispassionately decide on the proper sentence. Dr. Rappaport testified concerning speech patterns which demonstrate "loose associations" or inappropriate affect, and despite objections by the prosecution, in many instances Dr. Rappaport repeated defendant's statements to him. Gacy was tried for murder in Chicago in 1980; Rignall appeared as a witness for the defense. Defendant's sister testified that their father was never pleased with defendant and told him that he would turn out to be a fairy, just like his friend, Barry. The proposal was submitted by the National Jury Project and explained in detail the purpose of the survey and the manner in which it was to be conducted. 3, 15-19, 210 A.2d 763, 769-71, is: We need not, however, decide the question here for the reason that our review of the record shows that defendant's experts were not precluded by the circuit court's ruling from stating, or explaining to the jury, the basis for their conclusions. Dr. Freedman opined that defendant had neurotic and psychosomatic illnesses from early childhood, and that the shift from a serious neurosis to the beginnings of a psychosis probably occurred about the time of Christmas of 1969 when he was incarcerated at Anamosa for sodomy, and his father died and defendant was unable to go to his father's funeral. We agree that the remark was improper as it tended to inject the "cost factor" and the assistant State's Attorney's personal beliefs into the jury's deliberations. The film receipt which was found in a waste basket in defendant's home showed that film had been left for development at Nisson's Pharmacy and would tend to show that he had been in the *26 pharmacy. The public in Cook County more easily identified with the crimes because the victims lived in the same area as they did and they recognized the public officials involved in the investigation. The contention that the circuit court was constitutionally mandated to provide funds for a study which would have "included a determination of the attitudes on the issues of sexual preference, deviant behavior, and the insanity defense" of the five major counties in Illinois is untenable. The assistant State's Attorney repeatedly stated the proper test, and the jury was not misled by this one statement. Defendant placed handcuffs on Piest, and then attempted to perform oral sex on him, but could not since Piest could not get an erection. When they returned, the father came home, ate dinner, and acted as if nothing happened. Within less than a month, they spotted Gacy’s car, and trailed him. The defendant shall be executed by a lethal injection, in the manner provided by section 119-5 of the Code of Criminal Procedure of 1963 (Ill. Rev. At this time they tried to make love, but defendant began crying. The People contend that the application of more advanced statistical techniques, such as regression analysis, yields results contrary to the studies cited by amici. Gacy was sentenced to death and was executed by lethal injection on May 10, 1994, at Stateville Correctional Center in Crest Hill. On cross-examination, it was brought out that after these intense expressions of hostility, defendant could justify his behavior as conforming to his private code of morality, even though he recognized that his behavior would not be considered socially acceptable. Dr. Morrison believed that defendant suffers from psychological hallucinations where he would see parts of him which were split off in his victims. The court stated that it thought that defense counsel wanted to "try [the answer] out for a while" and interposed an objection only when it became obvious that the answer was unfavorable to defendant's case. Jaben v. United States (1965), 381 U.S. 214, 224, 14 L. Ed. ", The circuit court's first application of its ruling that defendant's experts could not testify to "self-serving" statements made by defendant occurred during the testimony of Dr. Eliseo. The evidence established that defendant offered his wife to adolescent boys in exchange for oral sex. On cross-examination, Dr. Brocher was asked if he realized that the "reason for the motive that someone does something has nothing to do with [the Illinois] standard [for insanity]?" The prospective juror stated that from what he had heard and seen he did not come to the conclusion that defendant had committed the offenses in question. Jeffrey DICK. (People v. Woods (1963), 27 Ill. 2d 393, 395; United States v. Lynch (3d Cir.1942), 132 F.2d 111, 113; see also Snyder v. Massachusetts (1934), 291 U.S. 97, 106-08, 78 L. Ed. Cram refused, so defendant checked the space and appeared "shook up about it." The larger the headline, the more important a reader would believe the information contained in the article was. The fourth factor to be considered was the use of headlines. Stat. Neil F. Hartigan, Attorney General, of Springfield, and Richard M. Daley, State's Attorney, of Chicago (William J. Kunkle, Jr., Chief Deputy State's Attorney, and Michael E. Shabat, Joan S. Cherry, James S. Veldman and Kevin Sweeney, Assistant State's Attorneys, of counsel), for the *18 People. Rignall took on the investigation himself, staking out freeway exit ramps and overpasses in Northwest Chicago, looking for Gacy's black Oldsmobile. Victims would wake up strapped to a gynecologist's chair, and an automated recording would explain the horrific treatment that they could expect. It was explained that defense counsel had asked him not to review these materials so that the doctor could give "an independent evaluation." The "subtypes" of narcissistic and antisocial borderline personalities were also part of the same characterization. Amici concede that deterrence is a compelling State interest but, citing statistical studies, argue that the death penalty does not deter. To review this issue would permit defendant to inject error into his own case. He explained that the description of narcissistic personality contains many of the elements of the antisocial personality, and that the antisocial personality is a subtype of narcissistic personality. The testimony shows that on the evening of December 11, 1978, Robert Piest, a 15-year-old boy, worked at the Nisson Pharmacy in Des Plaines. Investigator Bedoe testified on cross-examination that defendant openly admitted that he was bisexual, but expressed a tremendous fear of being a homosexual. (Ill. Rev. Jeffrey was a Stick, Kentucky, resident when he was on his way to a gay bar in Michigan, Illinois, inside Parade 1978. 'Ultimate decider' on Jeffrey Epstein was JPMorgan's ex-top lawyer ... Ried stated that at the time of this incident he did not think defendant knew what he was doing. Get an all-access pass to never-before-seen content, free digital evidence kits, and much more! Considering that after a lengthy trial the jury required approximately 1 hour and 45 minutes to reject defendant's insanity defense, we conclude that defendant was not deprived of the right to be convicted by a "rational tribunal.". When Donnelly regained consciousness, he discovered that his clothes had been removed and the handcuffs had been moved so that his hands were now cuffed behind his back. Defendant argues that Lieutenant Kozenczak's statements were conclusional and did not identify the sources of his information or answer basic questions such as "Who stated John W. Gacy was in the store two times? Defendant makes two contentions concerning the showing of probable cause in the complaint for the search warrant. Nor do we agree with defendant that it was not indicative that a crime had been committed but only "unusual" or "suspicious" when a 15-year-old boy stated that he was going to speak with the suspect, left his place of employment, and then failed to return. Thomas Eliseo, a clinical psychologist, testified that defendant scored in the top 10% of the population on the Wechsler scale and had no major brain damage. When O'Rourke's body was found in the Des Plaines River in Grundy County, it was naked and bloated. We find no error. We find it unnecessary to address this question, because even if this alleged impeachment were improper, it was not damaging to defendant's case. It has been recognized that the effect of prejudicial or inflammatory evidence depends upon the circumstances of the case. Moreover, we agree with defendant that the prejudicial nature of this information was compounded by reference to it in closing argument. Defendant, in his brief, examines at length both the expert and lay testimony concerning defendant's insanity defense and concludes that because all the defense experts arrived at consistent diagnoses, and the People's experts did not, the People failed to meet their burden. jeffrey rignall testimony transcript - grayrack.com 2d 973, 978-92, 100 S. Ct. 2814, 2818-30 (plurality opinion).) I don't remember which book (I've read too many serial killer book/bios to even start to speculate about which one), but I remember reading that some people thought Gacy had a partner. She stated that defendant had a memory like an elephant and would be surprised if defendant ever forgot a face or a name. She described an incident when defendant was approximately two years old where the father, for no apparent reason, punched her in the face, knocking out her bridge and causing her to bleed profusely. The first witness was Jeff Rignall, a surviving victim of Gacy's attack. In People v. Peterson (1973), 15 Ill. App.3d 110, cited by defendant, the circuit court received information just before trial that one of the jurors had expressed her opinion that the defendant should plead guilty so that the jurors could go home. As John Wayne Gacy’s basement crawl space was running out of room for the bodies of his victims, a man named Jeffrey Rignall survived a horrific encounter with the serial killer. We cannot determine on this record that the jury was confused. Alleged incompetency arising from a matter of trial tactics or strategy will not support a claim of ineffective representation. Evidence In The Case Of John Wayne Gacy, Explored. Again, counsel stated that "this man belongs in a hospital for the rest of his life.". Defendant argues that such a stipulation was the functional equivalent of a guilty plea and defendant should have been personally addressed to ascertain his understanding of the stipulation and its consequences. April 20, 2022 Latest News Succession Season 4 Episode 9 Recap and Ending Explained Stephan Gibbs - May 22, 2023 Barry Season 4 Episode 7 Recap and Ending, Explained Stephan Gibbs - May 22, 2023 We also note that the inference may be drawn that defendant's prior imprisonment had failed to deter him from committing further crimes. We note that a defendant normally speaks through his attorney, who stands in the role of agent, and defendant, by permitting his attorney, in his presence and without objection, to immediately proceed *101 to a sentencing hearing is deemed to have acquiesced in, and to be bound by, his actions. In Haywood and Jenkins, this court reversed the judgments because conflicting written instructions were given to the jury. He had handcuffed Piest after Piest had come to his house with him to discuss the possibility of employment. 1. We fail to see how defendant was prejudiced by his absence from this portion of the proceedings. In “John Wayne Gacy: Devil in Disguise”, Rignall’s partner of 22 years, Ron Wilder, details how Rignall dipped in and out of consciousness on the drive to Gacy’s suburban home. Defendant had confessed *93 that he had picked up one of the young men whose body was found in the river at Clark and Lawrence in Chicago, one block from where O'Rourke and his transsexual lover were living. Antonucci testified that defendant once came over to his house to show him stag films. The cost of the venue evaluation was estimated at approximately $38,000, although confining the survey to a limited number of counties and applying other cost-cutting measures could have reduced the budget. Rignall's case was never resolved in court. Rignall was profoundly affected both mentally and physically by the attack for the rest of his life. We note further that defendant made no objection to this portion of the argument, which waives the issue on appeal. Ried grabbed defendant's arm and asked him what he was doing. Stat. Antonucci stated that after defendant had been handcuffed he continued to speak to him in a rational manner. Jeffrey Rignall was lured into John Wayne Gacy's car, chloroformed and then brutally raped and beaten. Once inside the car, defendant placed a cloth soaked in chloroform over Rignall's face . By February 1980, his medical expenses had ballooned between $25,000-$30,000.[1]. Furthermore, much of the hearsay information was received, not from an undisclosed professional informant, but from the victim's mother. Thus, assuming that trial counsel's strategy for the sentencing hearing was reasonable, there was no need for him to request a continuance before the hearing. Appellate counsel's suggestion that trial counsel's failure to pose an objection is indicative to incompetence of trial counsel is also without merit. jeffrey rignall testimony transcript 0. 1972); United States v. Baird (2d Cir.1969), 414 F.2d 700.) Defense counsel also urged the jurors to use their common sense, and told them that the evidence would show that the acts of defendant were not those of a normal, rational person. The second effect was the "halo" effect, or the concept that the manner in which information is presented could affect the reader's understanding *41 of that information's content. Additionally, a cautionary instruction was immediately given and the jury was instructed to disregard the entire line of questions. Carey v. Cousins (1979), 77 Ill. 2d 531, and adhered to its holding in later decisions, e.g., People v. Eddmonds (1984), 101 Ill. 2d 44, 69; People v. Lewis (1981), 88 Ill. 2d 129, 146. Ray would become known as the "Toy Box Killer" for his custom torture chamber.
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