Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

UNITED STATES EX REL. BACON v. DEROBERTIS

October 29, 1982

UNITED STATES OF AMERICA EX REL. THEODORE BACON, PETITIONER,
v.
RICHARD DEROBERTIS, RESPONDENT.



The opinion of the court was delivered by: Shadur, District Judge.

MEMORANDUM OPINION AND ORDER

Theodore Bacon ("Bacon"), a prisoner at Stateville Correctional Center in Joliet, Illinois, brings this habeas corpus proceeding against Stateville Warden Richard DeRobertis ("DeRobertis"). With no disagreement on the underlying facts, both sides have moved for summary judgment on Count II, the remaining claim in Bacon's petition.*fn1 For the reasons contained in this memorandum opinion and order, DeRobertis' motion is granted and Bacon's is denied.

Facts

Bacon challenges his conviction of having murdered his girlfriend, Josie Brown ("Brown"), in April 1976. At the trial Bacon's court-reporter-transcribed (though unsigned) statement to an Assistant State's Attorney and a police investigating officer (given about 1 1/2 years after the event and about 2 years before the trial) was introduced into evidence. It contained the following version of events:

    1. Bacon and Brown had become embroiled in a long
  heated argument in the apartment they shared. It
  escalated into a physical altercation.
    2. Bacon slapped Brown several times with an open
  hand, while Brown flung various objects at Bacon and
  scratched him several times.
    3. During the physical struggle, Brown asked Bacon
  to stop hitting her and at one point tried
  unsuccessfully to escape from the apartment.
    4. Their fight ended tragically when Brown fell and
  hit her head on the television set.
    5. Thinking she was only unconscious, Bacon placed
  her on the couch and tried to revive her.
    6. After realizing Brown had died, he wrapped the
  body in a rug and put it behind a couch in the
  apartment.
    7. Three days later he carried the body out to his
  car, put it in the trunk, drove around for two or
  three hours and eventually placed the body under a
  bridge.

Bacon testified to a different story at the trial. He did acknowledge the physical struggle that ended with Brown hitting her head on either the television set or the table. But in total contrast to his pre-trial statement, Bacon testified Brown was not only alive but also conscious and active afterwards. Indeed, Bacon said when he then went to take a bath he heard Brown throwing things and knocking things over, then heard a door slam — and when he came out of the bathroom, she was gone.

Two of Brown's neighbors testified they heard:*fn2

    1) a man and a woman in Bacon's apartment begin
  swearing at one another and then start fighting;
    2) loud noises during the fight, sounding as though
  objects were being tossed around the room and "licks
  [were] being passed";
    3) the female at one point asking the male to stop
  hitting her; and
    4) the male at the end of the 1 1/2 hour fight
  saying "get up, get up."

One of Bacon's friends testified to a conversation with Bacon a few days after the fight, in which Bacon was crying and said ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.