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03/03/88 the People of the State of v. Gerald Washington

March 3, 1988

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

GERALD WASHINGTON, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION

520 N.E.2d 1160, 167 Ill. App. 3d 73, 117 Ill. Dec. 809 1988.IL.289

Appeal from the Circuit Court of Cook County; the Hon. Ronald Banks, Judge, presiding.

APPELLATE Judges:

JUSTICE McMORROW delivered the opinion of the court. JIGANTI, P.J., and LINN, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCMORROW

Following a bench trial, defendant, Gerald Washington, was found not guilty by reason of insanity of rape and unlawful restraint. (Ill. Rev. Stat. 1983, ch. 38, pars. 11-1, 10-3.) In a subsequent hearing, the trial court also found that defendant was subject to involuntary admission and remanded him to the Illinois Department of Mental Health for a maximum period of 30 years. Defendant appeals from both the order that found him not guilty by reason of insanity and that which found him subject to involuntary admission.

We affirm.

Background

Defendant was charged with the rape and unlawful restraint of an adult woman at a mental health center in August 1983. Both defendant and the victim were patients at the facility at the time. Defendant was found unfit to stand trial and was hospitalized until April 1984. At a bench trial in November 1984, the State and defendant stipulated to the following.

For approximately two days before the rape, the victim was incoherent, her eyes were glassy, and she was unable to understand directions given to her by her mother. The victim's mother brought her to the Madden Mental Health Center (Center) for admission shortly after complainant had fully disrobed and attempted to run out of her home. Within an hour of her daughter's admission to the Center, the mother received a telephone call informing her that her daughter had been sexually assaulted. The mother returned immediately; her daughter remained incoherent and uncommunicative. The victim had no recollection of the events on the day of the rape, the two days preceding the rape, or for some time thereafter. A nurse at the Center witnessed the defendant's commission of the offense.

Dr. Robert Reifman, a psychiatrist from the Psychiatric Institute of the Circuit Court of Cook County, testified on behalf of the defendant. He stated that he examined the defendant in December 1983 and also reviewed medical reports regarding the defendant from other centers. As a result of his examination of the defendant and review of these reports, Dr. Reifman concluded that defendant lacked the substantial capacity to conform his conduct to the requirements of the law and therefore was legally insane at the time of the crime. This determination was based on considerations that the crime occurred in a mental hospital when defendant was a patient; that he had been admitted to the center because he was out of control; that while he was at the center he was hyperactive, refused medication, had to be restrained, and was out of contact with reality; and that the doctor, as well as other examiners, had concluded that defendant suffered from schizophrenia with verifiable episodes of psychosis. Dr. Reifman noted that there was a high probability that defendant would be subject to involuntary admission.

Based upon this evidence, the trial court found defendant not guilty by reason of insanity and ordered defendant remanded to the Illinois Department of Mental Health for an evaluation of the necessity for involuntary admission.

Thereafter the trial court held a hearing with respect to defendant's need for additional mental health treatment. Dr. David Das, a registered psychologist employed by the Manteno Mental Health Center, testified on behalf of the State. Dr. Das interviewed defendant on three occasions, most recently in January 1985 shortly before the hearing, to ascertain his state of mental health. Based upon these interviews, Das concluded that defendant was in need of mental health services on an inpatient basis for several reasons. Das testified that defendant was suffering from a schizophrenic disorder, of which the major symptoms were in remission because of defendant's treatment with psychotropic medication at the Center. However, defendant refused to recognize that he suffered from any kind of mental illness and minimized his past problems with abuse of drugs. He also represented to Das that he saw no need for outpatient treatment, but would seek such treatment if told to do so.

Das stated that defendant had no insight into his mental condition and not much motivation for outpatient treatment, as well as a tendency to minimize or deny his past difficulties. The doctor also testified that, in his opinion, defendant would not continue his medication if he were released, ...


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