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In Re Moore





APPEAL from the Circuit Court of Cook County; the Hon. ARCHIBALD LeCESNE, Judge, presiding.


Respondent was asserted to be in need of mental treatment by a petition filed by Deputy Robert Quinn of the Du Page County Sheriff Department and supported by two certificates of need for hospitalization filed by two licensed physicians. Following a jury trial conducted on March 9 and 10, 1977, respondent was found to be in need of mental treatment (Ill. Rev. Stat. 1975, ch. 91 1/2, par. 1-11) and ordered to be hospitalized at Madden Mental Health Center. Subsequent to the filing of the notice of appeal, respondent was discharged from Madden. Although respondent raises several issues on appeal, the only one necessary for our disposition is whether respondent, who insisted on appearing pro se, was apprised of the fact that his court-appointed advisor was a law student operating under a Supreme Court Rule 711 (Ill. Rev. Stat. 1975, ch. 110A, par. 711) license. We believe he was not so informed and therefore reverse the judgment of the circuit court.

The face of the transcript of the hearing held on February 15, 1977, reflects that Debora Michels, an assistant public defender and Michael Tinaglia, a 711 student, supervised by Michels, appeared on behalf of respondent. At this hearing, respondent indicated that he wished a jury trial. The date for the trial was set for March 9, 1977. The cover of the transcript discloses that at the proceedings on March 9-10, 1977, held before a different judge than the one presiding on February 15, 1977, Michael Tinaglia was in attendance. After his name the title "Assistant Public Defender" appears.

Prior to the commencement of trial, Tinaglia made a motion to withdraw as counsel because respondent wished to represent himself. In a discussion during which the judge indicated that respondent had the right to defend himself, he also told respondent that he should select one of the assistant public defenders present in the courtroom to second chair his trial. Respondent refused Michels and selected Tinaglia. Just before opening statements, the judge commented: "Over your apparent disatisfaction [sic], I have appointed a court advisor in the person of a Public Defender, who is a lawyer."

At trial, Robert Quinn testified for the State that as deputy to the sheriff of Du Page County he was responsible for the physical and mental well-being of the inmates of Du Page County Jail. At approximately 8:30 p.m. on February 8, 1977, he heard a commotion in the jail. He and another deputy responded to the noise and entered an area where he observed respondent standing over another inmate, and heard respondent threaten to kill the other man. Quinn ordered him into an isolation area and on the following day executed a petition for his transfer to Madden.

During cross-examination, Quinn admitted that he had heard inmates threaten to kill each other on other occasions. He signed the petition for hospitalization not only for the substance of respondent's statements but for the sense of urgency he perceived in his behavior. At the time of the confrontation there were eight to ten people in the cubicle.

Herschel Gulley testified that he had become friendly with respondent during the preceding four months because of a common interest they shared in prison reform. At approximately 1:15 a.m. on February 9, 1977, respondent telephoned him and said that he had a few ideas for their prison reform project. Gulley responded that they would discuss it in the morning, but respondent urged him to come to his home immediately. Gulley arrived one-half hour later and respondent told him that he might need him as a witness. Respondent began pacing and stated that he had been in a very small cell. He then asked him if he believed in the Catholic church and Gulley answered that he had certain reservations.

Respondent told him "Get up, I want to teach you what it's like to be a man," and proceeded to grab him and slap him a few times. Respondent continued to yell and also spit at him and shake him. Respondent then backed away and said "I have been [e]mpowered in my mind to do with you as I feel. I'll tear off your skin." Gulley began praying and respondent told him that he'd send him to heaven. He then asked "How do you want it, with a gun?"

During cross-examination the witness admitted that he had mentioned the holy spirit to respondent and that he had a dream where God had talked to him.

Bruce Collins testified that he had known respondent for 3 1/2 years. On February 10, 1977, Collins telephoned respondent and volunteered to work on his car. Respondent declined the offer, but wanted to see him, and asked him to bring over a gallon of milk. Respondent also told him that he and his wife had had a quarrel. At 9:45 a.m. Collins went out and purchased the milk and proceeded to respondent's home. When he arrived, respondent asked him about his mother who is an alcoholic. Collins told him how much his mother was drinking and respondent stated that he should praise her. Collins then realized that something was wrong with Moore.

A short time later, respondent started cursing, and unjustly accused him of having sexual intercourse with his wife. Respondent then hit him in the mouth and told him to leave. Subsequently, Moore picked up the carton of milk and broke it over his head. Just before Collins left, respondent threw a cigarette lighter at him, but it missed.

During cross-examination, Collins testified that Moore had apologized to him since this incident. He also agreed that Moore had never tried to lead him into anything illegal. After a side bar during which the judge admonished him to limit his questions to those issues raised on direct, Moore repeated most of the questions posed during indirect examination.

Ronald Jane, a neighbor of respondent's for two years, testified that at approximately 2 p.m. on February 10, 1977, Moore knocked on his door. When Jane opened his door, Moore offered him a beer and invited himself in. He subsequently began accusing Jane of engaging in "bizarre sexual acts" with his wife and nine-year-old daughter. He then lunged at him and struck him in the face. Although Jane never actually saw a gun, respondent told him he had one, and made a motion as if to draw one. Jane's wife then entered the room and Jane threw respondent through the glass door, and called the police.

Subsequently, he observed respondent enter his own house and proceed to break every window within view. Respondent continued to scream obscenities and accusations at his neighbors for approximately one-half hour. He also tried to open other people's doors until the police ...

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