A local woman says she has forgiven the man who pleaded guilty to slaying her daughter in 2007, partially because the man said he was not in his right mind at the time.
The woman says that she and perpetrator began corresponding in 2014. They now exchange about 10 letters a year, as he is in the midst of a 35-year prison sentence for the murder of then-25-year-old woman. Investigators never determined a motive for the attack in which he brutally attacked and killed the young woman, whom he knew in college and even dated for a brief time. According to authorities, the man called 9-1-1 to report the crime, had some self-inflicted knife wounds, and made incriminating statements during a subsequent interrogation. During the course of the prosecution, both state and defense experts agreed that he suffered from a personality disorder which was exacerbated by alcohol and marijuana. He eventually pleaded “guilty but mentally ill” to the crime, which took place in the victim’s apartment shortly before she was due to begin veterinary school.
In court, the man sincerely apologized to his victim’s family, a confession that began the emotional healing process.
Some Common Legal Aspects of an Illinois Murder Case
In most homicide cases, investigators search the scene for physical evidence, such as fingerprints, surveillance video, or a murder weapon, interview any witnesses, and then interrogate suspects. Under the Fifth Amendment and applicable Supreme Court cases, the defendant has the right to counsel once custodial interrogation begins. Illinois law defines this phrase in 725 ILCS 5/103-2.1 as:
- A reasonable person would not feel free to leave at any time (custodial), and
- A peace officer asks a question “that is reasonably likely to elicit an incriminating response (interrogation).”
Note that there are no magic words when it comes to custody. Even if the officer does not say “you’re under arrest” or place the suspect in a locked room, the suspect may still be in custody. As for the second element, it only takes one question to engage in interrogation, and that could be something as seemingly as benign as “Where were you coming from?”.
If officers do not follow constitutional procedures at this early phase, the remainder of the prosecution may be hopelessly tainted.
As for the insanity defense, Illinois law uses a variation of the Model Penal Code’s definition of criminal insanity. 720 ILCS 5/6-2 states that “A person is not criminally responsible for conduct if at the time of such conduct, as a result of mental disease or defect, he lacks substantial capacity to appreciate the criminality of his conduct.” The MPC definition is basically a middle ground between the M’Naghten test, which requires that the disease or defect be so bad that the defendant did not know the difference between right and wrong, and the largely-defunct “irresistible impulse” defense that worked so well for Lt. Manion (Ben Gazzara) in Anatomy of a Murder.
Some Moral Aspects of an Illinois Murder Prosecution
Most prosecutors carefully point out to the jury that they must render a verdict based on the evidence and not according to their emotions or their collective sense of morality. Technically, that is true, but jurors are people too, and it is impossible to pass judgement on something like a murder case without considering its moral implications.
If the defendant has a legal insanity defense, it is important to press this defense to its limits. Similarly, if the defendant is truly remorseful for the crime, it is important to demonstrate that to the jury. Remorse is obviously not a defense to murder or anything else, but in many cases, it convinces the jury to reduce the defendant’s punishment.
Work With Aggressive Lawyers
A complete criminal defense has both legal and moral implications. For a confidential consultation with an experienced criminal law attorney in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Victor Lozano)