jeffrey rignall testimony transcript jeffrey rignall testimony transcript
38, par. She stated that defendant never hid the fact that he was bisexual. The gun contained a blank. Amici argue, inter alia, that in order to deprive someone of a fundamental right, life, the People must prove that the death penalty is necessary to further some compelling State interests. Two psychologists and two psychiatrists testified on behalf of defendant. Dr. Cavanaugh, who used an eclectic approach to psychiatry, believed that the psychoanalytic approach was useful in diagnosing the cause of a patient's problem, but that the approach was not useful in assessing criminal responsibility. Defendant next complains of three instances where counsel was allegedly improperly restricted in his examination of several experts. During his testimony, Rignall said there was a third person in the house during his torture. Dr. Ney explained that there were a number of factors that should be considered in analyzing the effect which publicity has on a particular geographical location. Defendant contends that the assistant State's Attorney argued to the jury that if it did not sentence defendant to death, it would not have followed the law, it would have failed to do its duty, it would have ignored the mandate of the citizens of Illinois, and it would have made a mockery of the law and the concept of justice. Several *91 pages later in the transcript, defense counsel stated, in the middle of a paragraph explaining the relation between the defendant's alleged mental disease and the question of whether he lacked substantial capacity to conform his conduct to the requirements of the law: From these statements, defendant concludes that the jury was expecting to hear four psychiatrists render an opinion that defendant was insane and that "the jury could not help but be skeptical of the defense" when they discovered that two psychiatrists would not state an opinion whether, under Illinois law, defendant was legally insane. We do not agree, however, that the fact that Officer Schultz waited some 40 hours before telling Lieutenant Kozenczak of the odor he detected while in defendant's home automatically invalidated the probative value of this evidence. JUSTICE SIMON, concurring in part and dissenting in part. 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. 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. Defendant *108 was, however, represented by counsel and until his appearance in this court had made no request to be permitted to defend himself. For example, the prosecution stated: "Thirty-three boys were dead and the lives of parents, brothers and sisters, fiances, grandmothers, friends were left shattered." The taking of a photograph does not amount to seizure, and defendant advances no argument as to why the police acted improperly in photographing the television set. First, articles which made reference to "homosexuality" elicited emotional responses. We find it unnecessary to address these contentions. Dr. Freedman explained that during the homosexual encounters with his victims, he projected his own anxieties about himself onto his victims, thinking that they, and not he, were "trash." Dr. Lawrence Freedman reviewed all the police reports, all of defendant's statements, newspaper articles from the very inception of the case, defendant's criminal history, the reports from other psychiatrists and psychologists, *56 and the book Jeffrey Rignall wrote concerning defendant's assault upon him. Moreover, the evidence concerning Piest's activities in school and outside of school was relevant to defendant's statement to Officer Bettiker that Piest stated he would do almost anything for a great deal of money and the suggestion of a possible exchange of money for sex acts involved in the Piest murder. On cross-examination, Dr. Eliseo stated that after defendant had committed the crime, he would understand that what he did was wrong, but at the times of committing the crimes, he was not aware of the criminality of his act. *106 Defendant next argues that the death penalty statute requires that where a defendant is convicted of more than one murder, but the deaths occurred in unrelated acts, no aggravating factor exists unless it is proved that these acts were premeditated. He was allowed to testify, without objection, that defendant described to him the conditions under which Robert Piest was killed and that while describing *72 this murder in great detail he showed no "ordinary manifestations of human feeling," that defendant exhibited a "certain amount of pride" in being able to use his cunning to overcome the strength of the "young and stupid" "muscular youths," and that defendant was very disturbed by the fact that Dr. Freedman's books were piled up in his office in a disorderly fashion. Appellate counsel's suggestion that trial counsel's failure to pose an objection is indicative to incompetence of trial counsel is also without merit. If defense counsel wished to inquire whether Dr. Hartman had ever diagnosed a patient using one of the previous labels for this condition, he could have done so. We cannot say that the argument showed professional incompetence. The lime was used, defendant explained, to sweeten the smell of the crawl space. Defendant then inserted some sort of object into Donnelly's rectum and he passed out. 1979, ch. 2d 527, 548, 103 S. Ct. 2317, 2332; see also People v. Morano (1970), 45 Ill. 2d 60, 63.) 95126 Phone No. The People, in opening statement, reviewed the facts of the case as revealed by the investigation conducted by the Des Plaines police department and others and then described in detail several of the murders as recounted by defendant in his confessions. These contentions were considered and rejected in People v. Davis (1983), 95 Ill. 2d 1, 34-36, and will not be reconsidered here. The writer E. Jean Carroll on Wednesday told a Manhattan jury a harrowing story of being raped in the mid-1990s by Donald J. Trump in a department-store dressing . The People respond that since no sentence was imposed on either charge the issue is moot. Defendant contends next that the circuit court did not adequately question the prospective jurors concerning their attitude toward homosexuality. Amici's central argument is premised on the accuracy of the statistical data which they cite in support of their contentions. In reviewing the sufficiency of the complaint we are guided by the Supreme Court's statement in Spinelli v. United States (1969), 393 U.S. 410, 21 L. Ed. Excavation of the crawl space and the area surrounding defendant's home recovered 29 bodies. 312 (13th ed. He testified concerning defendant's anxiety regarding his sexual identification and his anger at being called a homosexual, and that defendant showed no emotional affect when he described the stabbing of his first victim. Rignall was 26 in March of 1978 when John Wayne Gacypulled up beside him in his Oldsmobile, inviting him in to smoke some marijuana, the Associated Press reported in 1980. Gacy was arrested, but quickly released on a minor bond. Defendant next complains that the jury was improperly instructed before its deliberations in the death penalty hearing when the court misstated one of the instructions *99 as follows: The instruction as tendered to the jury in written form, read: Not only was the jury given the correct version in the written instruction, but the verdict form also gave the correct version of the law, as did oral instructions before argument on the death sentence, and in another portion of the oral instructions to the jury before their deliberations. 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. He testified that "borderline" appeared for the first time in psychiatric nomenclature in Diagnostic Statistical Manual III (DSM III), that the diagnosis was quite controversial, and that "it is our single outstanding problem." Witnesses testified that 29 bodies were recovered from the crawl space under defendant's home, under his driveway, and under his garage, and that five bodies were recovered from the Des Plaines River. It should be noted that in each of the other references to the record that defendant contends show insufficient questioning on this matter, defendant was given an opportunity to suggest further questions when the court had completed its interrogation, and failed to do so. The underlying complaint for the warrant, prepared by Lieutenant Kozenczak, basically reiterated the facts contained in the first complaint for search warrant and stated: The complaint also stated that Officer Robert Schultz had informed Lieutenant Kozenczak that he had been invited into defendant's home by defendant while on the surveillance unit assigned to watch defendant, and that while inside he detected "an odor similar to that of a putrified human body." Jeffrey later testified, "It had a cold feeling, and I had a buzzing bee in my head, and I went unconscious." He then remembered being carried into a house; it was John's residence in Norwood Park, Illinois. For the reasons stated, the judgment of the circuit court of Cook County is affirmed. Dr. Freedman explained that defendant had a psychotic core, but that this psychotic core was concealed by defense mechanisms which resemble neuroses. As in the prior argument where defendant contends that psychiatric testimony could have been repeated at the sentencing hearing, trial counsel may also have made the tactical choice not to repeat the suggested mitigating evidence of such matters as his family relationships and civic work which were already presented at trial. 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. While there may be instances where such evidence is relevant, we fail to see its relevance here. Also, the type of material contained in the headline would have a significant impact on the reader. 38, par. Defendant next argues that "because of the significant mitigating evidence contained in this record, the sentence of death imposed upon John Gacy must be vacated * * *." The defense theory was that defendant was able to function well in society except when stress levels rose so high that he experienced something akin to a psychotic episode and that defendant was fit to stand trial was consistent with his defense. (People v. Hirschberg (1951), 410 Ill. 165, 168.) Stamped Concrete Cyprus Uncategorized jeffrey rignall testimony transcript. Trial counsel could not controvert these facts; he could not change them; he was confronted with the task of making an extremely difficult argument. Defendant's assertion that there was no evidence to connect Timothy O'Rourke with him is contrary to the record. 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. He said, "You're just in time for the late show" and turned on a projector and showed a "gay" pornographic film on the wall of the room. Prior to his arrest, defendant had stated to the police officers who were following him that "clowns can get away with murder." Officer Schultz indicated that he had smelled the odor of at least 40 putrified human bodies and that the smell in defendant's home was similar. 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. Mr. Amirante stated: "That's a direct attack on defense counsel's integrity. Defendant asserts that there is no way of determining the stifling effect the judge's ruling had on the defense experts. jeffrey rignall testimony transcript; van buren, ar police department; is great grains banana nut crunch vegan; city of oceanside setback requirements Art/Law Network Network Art/Law Network Network. (People v. Szabo (1983), 94 Ill. 2d 327, 355.) We are of the opinion that the instruction was properly refused. He then choked Donnelly until he lost consciousness. The question raised could serve only to divert the jury's attention from the issues in the case (People v. Yates (1983), 98 Ill. 2d 502, 539), and the court correctly instructed the jury to disregard the testimony and the comments. Objections were sustained to any questions concerning substance use or substance abuse, apparently for the reason that there was no evidence of this in the record. He then removed Donnelly's pants and anally raped him. Defendant next complains that the examination of the prospective jurors on their attitudes toward the death penalty resulted in the selection of a jury which failed to represent a fair cross-section of the community and *38 which was biased in favor of the prosecution. 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. Defendant then forced Westphal to comply with the agreement. 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. He then forced Donnelly's head into the bathtub, which was filled with water, and held it there until Donnelly passed out. For example, on the Draw-a-Person test, defendant was told he could draw anything he wished, and he drew his house in great detail. Defendant next contends that his trial counsel was incompetent since he failed to present other mitigating evidence. Several members of defendant's family and childhood friends testified concerning defendant's past. In 1979, Rignall wrote the book 29 Below about the experience. Dr. Helen Morrison, a psychiatrist, diagnosed defendant as having a mixed psychosis or an atypical psychosis. 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. 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. Jaben v. United States (1965), 381 U.S. 214, 224, 14 L. Ed. Defendant next asserts that he was denied his fifth amendment right against self-incrimination when his statements to the People's experts were disclosed to the jury. 38, par. He was bleeding, sick, and covered in rope burns. We find that while the court might properly have made such an inquiry, it was not required to do so because the court questioned the prospective juror sufficiently as to the sources from which he had learned of the case, and whether he had formed an opinion from these sources and from persons who may have expressed opinions about the case. jeffrey rignall testimony transcript. When Donnelly again regained consciousness, defendant picked him up from the bathroom floor and brought him back into the room with the bar. 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. 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. We find that the complaint, when viewed as a whole, is sufficient, and the circuit court correctly refused to suppress the evidence seized as the result of the warrant's execution. Defendant raises 14 issues concerning the presentation of his insanity defense to the jury. 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 * * *." Defendant argues that the extensive publicity caused many prospective jurors to be hesitant to answer questions completely and truthfully. Dr. Traisman described defendant's response to the various tests he administered. The body was too badly decomposed to determine the cause of death with reasonable certainty, and the doctor performing the autopsy stated that he was unable to determine whether O'Rourke was dead when placed in the water. We hold that the evidence of the smell of decaying flesh in defendant's home, discovery of a film receipt purportedly on the victim's person at the time he disappeared, and the reiterated facts contained in the first warrant, taken together, provide a sufficient basis for the circuit court to refuse to suppress the evidence seized as a result of the execution *28 of that warrant. Rignall was profoundly affected both mentally and physically by the attack for the rest of his life. Defendant makes two contentions concerning the showing of probable cause in the complaint for the search warrant. In the other instance cited by defendant, the prospective juror was excused for cause, so no error could have been committed in his questioning. Defendant also complains that Officer Schultz did not promptly notify Lieutenant Kozenczak about the smell of decaying flesh and this casts doubt on the veracity of Officer Schultz' conclusion. Steve Pottinger, a former friend of defendant's from Waterloo, Iowa, testified that there was no change in defendant's behavior before and after he was in the penitentiary. 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 fact that even the earlier newspaper accounts suggest that defendant had a significant mental disturbance supports the assertion that defendant's *30 attorneys could have immediately concluded that an insanity defense would be the most realistic defense in this case.
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