Defendant cites Silverthorne v. United States (9th Cir.1968), 400 F.2d 627, in support of his contention that, when a case has received extensive pretrial publicity, the attorney should be permitted to interrogate the jurors. These witnesses testified that defendant functioned very well while in prison, that he was able to attain positions of importance in organizations such as the prison chapter of the Jaycees, and, because of his work in the prison's kitchen, was able to trade food for favors. Donnelly passed out. As he did, defendant hit him with a hammer. This court rejected that argument in People ex rel. (People v. Bernette (1964), 30 Ill. 2d 359, 372.) Wilder accompanied Rignall during his stake-outs. Defendant cites United States ex rel. Defendant concedes that it is proper, under certain circumstances, to consider prior arrests and convictions of a suspect in determining whether probable cause exists. Later, at a side bar, the court asked Dr. Rappaport if he had attempted to contact the news media in any way. Defendant stated that the killings became less frequent later on because he was working so hard, and he was too tired to "go cruising." Two or three hours later, Pernell saw defendant lying underneath the bed with a towel wrapped around his neck. The police learned that he had a record of sexually assaulting young men and had been convicted in Iowa for an assault on a teenage boy. We know that Jeffrey D Rignall had been residing in Belleair Beach, Pinellas County, Florida 33786. Rignall testified about his rape and torture, at one point becoming overwhelmed and sick while recounting the details. The jury was informed that Dr. Cavanaugh's and Dr. Fawcett's reports referred to alcohol and drug abuse. 2d 913, 924-26, 96 S. Ct. 2960, 2968-69, the Supreme Court rejected this argument with respect to similar wording in a Florida statute. Jeffrey D Rignall of Belleair Beach, Pinellas County, Florida was born on August 21, 1951, and died at age 49 years old on December 24, 2000. After Jeffreys attack and before Johns eventual arrest in December 1978, he had killed four more people. Other young men came forward with similar stories: that they too had been sexually assaulted or tortured by Gacy, and their reports to the Chicago police had been dismissed. But as soon as Jeffrey took a couple of puffs, he felt a hit in the face with a chloroform-soaked rag. The jury was also aware of the brutal nature of many of the murders and of the youth of many of the victims. Defendant, in his reply brief, asserts that he never abandoned his claim of innocence because "at jury selection and at the time of jury instructions the jury was informed that there were two issues to be resolved: guilt and sanity." Defendant next contends that his trial counsel was incompetent since he failed to present other mitigating evidence. Concerning the Maine West High School ring, the police were aware, as indicated by the information contained in the complaint for search warrant, that Piest lived in Des Plaines, was 15 years of age, and that there was a high probability that he attended this high school. 2d 142, 147-48, 85 S. Ct. 223, 228]; that affidavits of probable cause are tested by much less rigorous standards than those governing the admissibility of evidence at trial, McCray v. Illinois [(1967), 386 U.S. 300, 311, 18 L. Ed. Although defendant asserts that there "were no signs of any trauma," the doctor performing the autopsy testified that strangulation could not be ruled out as a possible cause of death. The documentary showed how, in 1978, Jeffrey Rignall was lured into Gacy's car where he was hit in the face with a rag soaked in chloroform. THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, The Des Plaines police quickly settled on Gacy as a suspect and found Rignall's charge on Gacy's rap sheet. (en) dbo: birthDate. 1951-08-21 (xsd:date) dbo: birthPlace. Rignall was profoundly affected both mentally and physically by the attack for the rest of his life. Defendant contends next that the extensive publicity surrounding his trial made it imperative that the voir dire be closed to the public. Defendant has also contended that the sentence discretion vested in the prosecution by the death penalty statute is an unconstitutional delegation of legislative and judicial authority. First, defendant notes that the complaint does not explain the basis for Lieutenant Kozenczak's conclusion that the photo-finishing receipt was on *27 Robert Piest's person at the time of his abduction. Defendant then stated: "You're the only one that not only got out of the handcuffs, but put them on me." Defendant's assertion that there was no evidence to connect Timothy O'Rourke with him is contrary to the record. In December of 1978, following the disappearance of 15-year-old Robert Piest, Gacy was questioned and arrested by police, who obtained a search warrant for the crawl space beneath Gacys home. Defendant has also argued that the use of the term "extreme" renders the statute unconstitutional as it improperly limits the jury's consideration of any level of mental or emotional disturbance as a mitigating factor. Moreover, considering the enormous amount of evidence establishing aggravating factors against defendant, we cannot say that these convictions, even if improper, deprived defendant of a fair sentencing hearing. A disapproving father does not excuse 33 homosexually related murders and numerous *103 other incidents of sexual torture and physical abuse. For example, the prosecution stated: "Thirty-three boys were dead and the lives of parents, brothers and sisters, fiances, grandmothers, friends were left shattered." Now. (en) dbo: birthDate. When police refused to cooperate, Jeff embarked on a four-month investigation on his own. In closing argument, the assistant State's Attorney argued: Defendant asserts that the assistant State's Attorney's *88 attack on Dr. Freedman was not justified by the evidence. This site is protected by reCAPTCHA and the Google. Following a jury trial during which the charge of aggravated kidnaping was dismissed, defendant was found guilty on all of the other counts. Get an all-access pass to never-before-seen content, free digital evidence kits, and much more! David C. Sobelsohn and Linda E. Fisher, of Chicago, for amici curiae American Civil Liberties Union et al. 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. 1979, ch. The People argue that the comment neither stated nor implied that all the defense psychiatrists would render an opinion as to whether defendant would meet the statutory requirements for legal insanity and that, in any event, it is unlikely that the jury would have even remembered this comment in opening statement after hearing a month of complex and conflicting psychiatric testimony. 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. Defendant has cited no instance of failure to excuse for cause a prospective juror with a preconceived opinion but contends that the circuit court did not question the prospective jurors sufficiently to discover such opinions. The record reveals, however, that defense counsel only requested that the court ask the prospective jurors what they knew of other jurors' opinions about the case. Defendant argues that it was error for the circuit court to refuse this instruction: The court in refusing the instruction, explained: Defendant argues that the State did in fact argue this when it argued that Dr. Freedman used terms that were not in DSM III. The 40-hour delay in bringing this information to Lieutenant Kozenczak goes to the issue of the credibility of Officer Schultz, an issue for resolution by the circuit court, and not this court on review. William Kunkle, retired Judge of the Circuit Court of Cook County describes his story at the time as vague, saying Rignall didnt know where the house was or what it looked like, so it was a very minimalist police report and nothing transpired.. Dr. Freedman also interviewed defendant's younger sister and his mother and spoke with the interviewers who were attempting to contact defendant's friends and neighbors. (Globe Newspaper Co. v. Superior Court (1982), 457 U.S. 596, 603, 73 L. Ed. We note further that defendant made no objection to this portion of the argument, which waives the issue on appeal. Defendant next argues that he was denied effective assistance of counsel because trial counsel indicated to the jury that evidence would be forthcoming which was never presented; because defense counsel repeatedly failed to object to misconduct by the prosecutors, and because they failed to tender a needed instruction. ^_^ !!! Two psychologists and two psychiatrists testified on behalf of defendant. 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. These witnesses also recounted that defendant experienced episodes of what appeared to be heart attacks. More at IMDbPro Contact Info: View agent, publicist, legal on IMDbPro. While we agree that the questions asked of the later jurors allowed for shorter responses, we do not find in the record any questions tendered by defense counsel that might have elicited a more thorough response. In rebuttal, the State presented witnesses who testified to homosexual attacks and encounters with defendant while he was living in Iowa. Rejecting an argument that certain photographs were prejudicial and inflammatory, this court stated: In this case, the evidence which might create revulsion in the jurors toward defendant included the sadistic torture of Rignall and Donnelly, his record-breaking number of murders, his homosexual assault on some of the victims before their murders, and other facts too numerous to mention. People v. Sailor (1969), 43 Ill. 2d 256, 260; People v. Novotny (1968), 41 Ill. 2d 401, 410. Defendant argues that the following information was irrelevant and prejudicial: that Robert Piest was of good character; that Darryl Samson, Russell Nelson and William Kindred had planned to marry; that Robert Gilroy and John Mowery had planned on furthering their education; that Piest had been on the honor roll, the gymnastics team, and was "two badges away from making Eagle Scout, a badge which Robert had wanted badly"; that Nelson had graduated with honors and won a scholarship to the University of Minnesota and that Nelson and his future wife had the names of their children already chosen. 2d 1407, 103 S. Ct. 3566, in support of his argument. Stat. 9-1(c); People v. Lewis (1981), 88 Ill. 2d 129, 146-47; People v. Carlson (1980), 79 Ill. 2d 564, 589-90. Defendant contends next that the People improperly insinuated that defense counsel and defendant had concocted the insanity defense the night before defendant's arrest. Another factor to be considered was reports of statements made by public officials. We cannot say that the argument showed professional incompetence. Because Piest "became frightened" defendant worried that he might tell somebody what had happened, so he performed the "rope trick" on Piest. 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 * * *." Defendant also contends that his first confession was not the product of a rational mind or a free will, and that his second confession and all statements subsequently made were the product of "ineffective advice" from his attorney to confess. John Wayne Gacy's murder trial began on February 6, 1980. 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. Jeffrey Rignall (August 21, 1951 - December 24, 2000) was an American author who survived a 1978 attack by serial killer John Wayne Gacy. There is no merit to the contention that the prosecutor misstated the legal test for insanity in closing argument; *92 thus there was no reason to interpose an objection, and trial counsel's failure to object to certain evidence concerning the victims does not constitute incompetence. Jamell Demons & Cortlen Henry Case Summary. No gross amount of water was found in his lungs, which suggests that he might not have drowned. The supplemental motion was denied. Defendant's objection to the characterization of mitigating factors as statutory guidelines was also not error here, as it fairly described the function of the statutory mitigating factors. He stated that all the boys were in a certain age group and of a certain build because these boys represented the fit and trim build he was unable to attain as a youth. 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. Defendant just looked at him, put the hammer down, and told Ried that he did not know what had come over him, but that he felt like he wanted to kill Ried. 2d 637, 89 S. Ct. 584, "that only the probability, and not a prima facie showing, of criminal activity is the standard of probable cause, Beck v. Ohio [(1964), 379 U.S. 89, 96, 13 L. Ed. Defendant argues that the assistant State's Attorney *89 improperly stated that Dr. Heston had not been compensated for examining the defendant. Our review of *33 the instances cited by defendant shows that with every prospective juror defendant had the opportunity to tender specific questions and failed to do so. 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. 1977, ch. Defendant suggests, in his reply brief, that "[m]issing person cases may remain unsolved for weeks, months, or years." Defendant has also contended that his sentences must be vacated and the cause remanded for resentencing because the court sentenced him without the benefit of a presentence investigation report. Belleair Beach, Pinellas County, Florida 33786. It also features the story of Jeffrey Rignall, who was attacked by John but inexplicably survived. Although Dr. Rappaport was precluded from testifying concerning statements made by defendant about his life history or why he behaved in a particular manner, he explained, in a narrative form, defendant's developmental history as compiled in police reports and interviews with defendant's relatives and childhood friends and how events have influenced his development. Citing People v. Brownell (1980), 79 Ill. 2d 508, the People argue that the decision at sentencing in a capital case is a balancing process in which the seriousness of the crime must be weighed against whatever mitigating factors exist. Facebook. Richmond Newspapers, Inc. v. Virginia (1980), 448 U.S. 555, 580-81, 65 L. Ed. He pulled the trigger between 10 and 15 times, spinning the chamber between pulls of the trigger, until the gun finally went off. He stated that he did not believe that there was not a psychoanalytic answer *59 for the 33 murders committed by defendant. 42 Ill. 2d 425, 435-36. They began wrestling, and defendant managed to put handcuffs on Antonucci. We have reviewed defendant's contentions, and are of the opinion that the assistant State's Attorney did not transcend the bounds of proper argument by characterizing Dr. Rappaport's testimony as he did or in drawing the inferences he believed were proper from that testimony. 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 *108 was, however, represented by counsel and until his appearance in this court had made no request to be permitted to defend himself. Fourth, defendant argues that the assistant State's Attorney improperly implied that the success of defendant's expert witnesses' private practices depended upon finding defendants insane where there was no evidence to support this implication. Attack by John Wayne Gacy. Ried got up and saw that defendant had his arm cocked back as if he were going to strike again and had a "kind of strange" look in his eyes. Dr. Robert Traisman, a clinical psychologist, spent 3 1/2 hours examining defendant and several more hours reviewing the results of the tests he administered to defendant. Austin Harrouff's Mothers Call to 911 Transcript. Dr. Ney explained that in all these categories, there was "more of this type of emotionally impacting material" in Cook County than in any of the other outlying counties. 9-1(b)(3).) We hold, however, that the introduction of this evidence did not constitute reversible error. Fourth, certain articles compared defendant to other notorious mass murderers. Create your free profile and get access to exclusive content. 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's third argument concerning this contention is that even assuming the validity of the December 13 search, the underlying complaint for the December 21 search warrant failed to satisfy the two-prong test of Aguilar v. Texas (1964), 378 U.S. 108, 12 L. Ed. (See Beck v. Ohio (1964), 379 U.S. 89, 13 L. Ed. They began with the frequently emotional accounts of relatives and friends of some of the victims. We decline to disturb the jury's determination. Under the circumstances the court's refusal to do so was within its discretion. Dr. Heston opined that the diagnosis "pseudo-neurotic paranoid schizophrenic" was not a recognized diagnosis and "is not taken very seriously right now." Amici's central argument is premised on the accuracy of the statistical data which they cite in support of their contentions. Defendant had sold him a car previously owned by John Szyc, who was later discovered to be one of defendant's victims. It was in the Cook County Criminal Courts Building in Chicago, Illinois and the Once inside the car, defendant placed a cloth soaked in chloroform over Rignall's face, causing him to lose consciousness. 1979, ch. Worked at Pilkington. 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 next argues that the People improperly impeached Dr. Freedman. Embu Level 5 Hospital Embu - Nairobi Highway Opp Izaak Walton Hotel P.O. American hoodlua and gaablinq figure Meyer Lansky arrived in Israel, indicating his intention of applying for status as an Ignazio Denaro, unc! Defendant points out that the complaint stated only that Lieutenant Kozenczak had received this information on December 11, 1978, but does not indicate on what date Piest was last seen at the drugstore. The assistant State's Attorney repeatedly stated the proper test, and the jury was not misled by this one statement. It was learned that the receipt was in Piest's possession when he disappeared and the class ring was owned by John Szyc, who had been reported missing. Rignall identified as bisexual and lived with his girlfriend and a male, described by Rignall's attorney 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. Justice Jackson's observation that "any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to police under any circumstances" (Watts v. Indiana (1949), 338 U.S. 49, 59, 93 L. Ed. Defects in a presentence investigation report may be waived (People v. Godinez (1982), 91 Ill. 2d 47, 56-57; People v. Meeks (1980), 81 Ill. 2d 524, 533-34), and no objection was raised when the court proceeded to immediate sentencing on all the charges. Several of the life and death witnesses *46 testified that the victims were not homosexuals, but had steady girl friends, had just begun to date girls, or had plans to marry. (People v. Ephraim (1952), 411 Ill. 118, 122-23.) Box 33 - 60100, Embu, Kenya. Because we have already determined that the prior searches were not illegal, this argument must fail. Former business associates, friends, and employees of defendant testified concerning defendant's actions during the period when the murders were committed and shortly before his arrest. Rignall lost consciousness several more times, and when he regained consciousness defendant shoved an unidentified object into Rignall's rectum. "Tras la mscara" narra la experiencia de una de las vctimas de Gacy, Jeffrey Rignall, un joven de 26 aos que consigui escapar de sus garras.Guin: Franci. After luring Jeff Rignall into his car with an offer to smoke marijuana, Gacy subdues the 26-year-old with a chloroform-soaked rag, tortures and . 9-1(d); see Liptak v. Security Benefit Association (1932), 350 Ill. Trial counsel stipulated to the admission at the sentencing hearing of all the evidence presented at trial. Defendant argues that the extensive publicity caused many prospective jurors to be hesitant to answer questions completely and truthfully. Jeffrey D. Rignall (d. 2000) was an American memoirist who wrote 29 Below about surviving a 1978 attack by serial killer John Wayne Gacy and his subsequent search to find his attacker. (People v. Hirschberg (1951), 410 Ill. 165, 168.) Stat. He told Detective Michael Albrecht: "Mike, I won't be in jail very long for this, I won't spend a day in jail for this." He stated that this test was relatively new and not currently in widespread use, but that reliability studies showed that experts agreed on their diagnoses of the same patient 88% of the time. I agree that the convictions of murder should be affirmed in this case. Defendant's first two arguments concerning this contention assumed the invalidity of the first warrant. We have already considered the reasoning behind immediately proceeding to a sentencing hearing, and we decline to further discuss it here. Defendant next asserts that he was not proved guilty beyond a reasonable doubt of committing indecent liberties and deviate sexual assault on Robert Piest as there was no corpus delicti for these offenses. We are not concerned, as was the court in Aguilar, with the reliability of an unnamed informant because it is readily apparent from the affidavit from whom the hearsay information contained in the complaint was obtained. In People v. Cravens (1941), 375 Ill. 495, the trial court was given information after a trial that one of the jurors, who had become foreman of the jury, knew the defendant previously and had already concluded that he was guilty. The device kept Rignall restrained on a wooden board suspended by chains with holes for his arms and head to go through. Defendant later offered another drink, which Donnelly refused, and defendant told him that he was a guest and that he should accept defendant's hospitality, and then held Donnelly's mouth open and poured the drink down his throat. We note first that defendant did not exhaust the peremptory challenges that he was given. (Witherspoon v. Illinois (1968), 391 U.S. 510, 20 L. Ed. Ried testified that he was having difficult times financially, and that defendant gave him a job and allowed him to move in with him. However, we conclude that reversal is not required under the facts of this case. Rignall woke up intermittently during the car ride to Gacy's house and recognized a few landmarks, but was chloroformed again and eventually lapsed into unconsciousness. unique traits of plants, animals and humans. Most maddening of all, however, is the difficulty Jeff Rignall had in lodging charges against Gacy. 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. 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. In the first example of the revised questioning used by the circuit court of which defendant now complains, when the voir dire of this juror was completed, defense counsel was asked if he had any further questions and responded that he did not. Defendant appeared very relaxed. Defendant placed handcuffs on Piest, and then attempted to perform oral sex on him, but could not since Piest could not get an erection. (Illinois v. Gates (1983), 462 U.S. 213, 238, 76 L. Ed. R.E. Defendant held Donnelly's head under water again until he passed out, and when he regained consciousness he repeated this *62 procedure once more. Dr. Leonard Heston, currently Professor of Clinical Psychiatry at the University of Minnesota, testified that while at the University of Iowa he examined defendant in 1968 pursuant to court order issued on a joint application of defendant and the State of Iowa. (Rignall had gone to the police at the time, but they did not pursue charges against Gacy.) Defendant concludes, however, that the State experts were allowed to explain their conclusions, but the defense experts could not. One night in defendant's garage, which at the time was unlit, defendant told Ried to get some fuses which were under the work bench. On cross-examination, Dr. Freedman stated that defendant could not control when the outcroppings would occur. Barclay v. Florida (1983), 463 U.S. 939, 77 L. Ed. Defendant first argues that the following remark helped to deny him a fair sentencing hearing: "I will be frank with you, ladies and gentlemen, as a citizen of the State of Illinois myself, I don't want to pay this guy's rent for the rest of his life." Dr. Cavanaugh stated that it was impossible to guarantee confinement in a mental institution because the legal standards for confinement to an insane asylum were constantly changing. Watch her full statement here and see a transcript of her remarks below: REP. LIZ CHENEY: "Thank you very much, Mr. Chairman. When Ried turned around and saw him coming, defendant stopped and stated that he thought there might be trouble. 38, par. Defense counsel stated: "We have four psychiatrists who will testify in court * * *," and then listed them. 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