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10/07/88 the People of the State of v. Robert Kegley

October 7, 1988

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

ROBERT KEGLEY, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

529 N.E.2d 1118, 175 Ill. App. 3d 335, 125 Ill. Dec. 42 1988.IL.1516

Appeal from the Circuit Court of Lake County; the Hon. John L. Hughes, Judge, presiding.

APPELLATE Judges:

JUSTICE WOODWARD delivered the opinion of the court. LINDBERG, P.J., and UNVERZAGT, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WOODWARD

Defendant Robert Kegley was charged by indictment with home invasion, residential burglary, attempted kidnapping, unlawful restraint, battery, and aggravated battery. After a jury trial, defendant was found guilty of home invasion, attempted kidnapping, unlawful restraint, and battery, and he was subsequently sentenced to prison for 60 years on the home invasion charge and 10 years for attempted kidnapping. This appeal followed. We reverse and remand.

On appeal, defendant argues that (1) the trial court committed reversible error by refusing to appoint a psychiatrist to evaluate him; (2) the trial court's refusal to permit a challenge to a key witness' credibility constituted reversible error; (3) the trial Judge's unjustified antagonism to defense counsel precluded counsel's efforts to present a defense; (4) certain victim impact statements were wrongly allowed into evidence at the sentencing hearing; and (5) the imposition of an extended term for attempted kidnapping violated the Unified Code of Corrections (Ill. Rev. Stat. 1985, ch. 38, par. 1005-8-2(a)).

Defendant initially argues that the trial court's failure to appoint a psychiatrist to evaluate both his fitness to stand trial and his mental condition at the time of the alleged incident left him virtually defenseless at trial. In discussing the issue, we shall focus primarily on the psychiatric examination to determine defendant's mental condition at the time of the offense.

On March 25, 1986, defendant was arrested outside the apartment of Sandra Dyer, who had been assaulted therein. Arresting officers testified that, while attempting to escape, defendant demanded on a number of occasions that they shoot him. After subduing defendant, police took him to the lockup, where he exhibited some irrational behavior, i.e., hitting his head and shoulders against the cell's walls and bars. Drug paraphernalia was found in defendant's clothing. Defendant's urine tested positively for cocaine and alcohol, the latter measuring .124. The physician administering the tests observed needle marks on defendant's left arm.

On April 23, 1986, defendant appeared before Judge John Hughes and requested representation by the public defender's office. Defendant testified that he was without funds to retain a lawyer, and the court appointed the public defender's office to represent him. He was initially represented by assistant public defenders David Keefe and Kevin Milner.

Public defender Kathleen Keller (Keller) first appeared before Judge William Block on July 9, 1986, when certain charges were severed from those tried in the instant case. The parties with public defender Keller representing the defendant next appeared before Judge Hughes on July 16, 1986, for a status hearing. On August 8, 1986, the parties appeared before Judge Hughes, who granted the State's motion to obtain blood and hair samples from the defendant.

On September 3, defense counsel filed her answer to the State's motion for discovery, which alluded to the possible assertion of the defense of intoxication and drugged condition pursuant to section 6-3(a)(b) of the Criminal Code of 1961 (Ill. Rev. Stat. 1985, ch. 38, par. 6-3(a)(b)).

The matter was set for trial on September 8, 1986. On this date, the court determined that the instant case was number two on the trial call and would be on a day-to-day status as to its inception.

Also, on September 8, 1986, defendant's counsel filed a motion asking for a psychiatric examination for purposes of determining his fitness to stand trial and sanity at the time of the alleged offenses. In her motion, Keller asserted that she had interviewed defendant seven times and that he had become "an intense religionist to such exaggerated extent that the fervor borders on the irrational." She also interviewed defendant's family and friends and reviewed the prosecution's discovery answers, and represented to the court that an exam by a court-appointed psychiatrist was necessary. The motion was presented to Judge Hughes that day. Expressing irritation over Keller's failure to file the motion sooner, the Judge stated that the motion for psychiatric examination would be heard "before we're ready for the trial."

In court on the following day, Keller indicated that she was having some difficulty in obtaining copies of certain of defendant's medical reports even though subpoenas had been issued. Judge Hughes agreed to issue an order to obtain the reports, and the order was issued on the next day.

On September 10, 1986, Keller filed an addendum to her motion for a psychiatric examination. The addendum asserted that three days prior, Keller learned that defendant had been hospitalized at the Elgin State Mental Hospital pursuant to court order sometime in 1973; that defendant had been treated several times at the Alcohol Treatment Center in Waukegan; that he had been treated at the Lake County Mental Health Center on two occasions between 1981-84; and that he had been hospitalized at St. Therese Hospital's psychiatric ward on a number of occasions between 1972-74. The addendum further asserted that at the time of his arrest, defendant acted erratically in that he had requested to be shot by arresting officers and threw himself ...


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