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02/28/89 the People of the State of v. Paul D. Bouchard

February 28, 1989





535 N.E.2d 1001, 180 Ill. App. 3d 26, 129 Ill. Dec. 236 1989.IL.253

Appeal from the Circuit Court of Winnebago County; the Hon. John E. Sype, Judge, presiding.


JUSTICE McLAREN delivered the opinion of the court. LINDBERG and WOODWARD, JJ., concur.


Defendant, Paul Bouchard, was charged by information with one count of murder (Ill. Rev. Stat. 1985, ch. 38, par. 9-1) for intentionally and knowingly causing the death of Kimberly Shattuck without lawful justification. Following a bench trial, defendant was found guilty but mentally ill of the crime of murder and was sentenced to 20 years' imprisonment. Defendant's post-trial motion was denied, and this appeal followed. We affirm.

Defendant raises the following issues on appeal: (1) whether the Illinois statute requiring defendant to prove the defense of insanity by a preponderance of the evidence is an unconstitutional shifting of the burden of proof; and (2) whether the trial court erred in holding that defendant had not proved by a preponderance of the evidence that he was insane at the time of the offense.

On September 3, 1986, at approximately 6 p.m., Jesse Shattuck found the body of his wife, Kimberly Shattuck, on the bedroom floor. It was determined that she died as a result of hemorrhage in association with the 55 stab wounds she had received. The police arrived and found no evidence of burglary or ransacking of the Shattuck home. Around 8 p.m., two police officers visited defendant's home after learning that defendant had been to the victim's home earlier in the day. Defendant agreed to accompany the police officers to the police station for an interview. After receiving and waiving his Miranda rights, defendant told the police officers that he visited the Shattuck home around 5:40 p.m., looking for the victim's stepdaughter Tracy. He stated that no one was home and that he continued his walk to a local grocery store where he was employed. He arrived at the store at 6 p.m., where he saw Tracy Shattuck, also an employee. He told Tracy that he had a stomachache and would not be able to work that evening. Defendant then went home.

On September 4, 1986, the police received a call from Barbara McFarlane, an employee at a store located across the street from where defendant was employed. McFarlane told the police that she was working the previous afternoon and saw defendant in an alley around 5:30 p.m. Defendant approached McFarlane and requested a towel to wipe the blood from his arms and hands. Defendant stated that he had fallen down but was not hurt. The following morning, McFarlane discovered clothing in the washroom where defendant had cleaned himself. This clothing was later identified as belonging to defendant. A 12-inch-long knife was also recovered in the washroom. An arrest and search warrant was executed, and defendant was brought into custody on the evening of September 4. Items seized pursuant to the warrant and turned over to police by McFarlane were found to have traces of blood and hair incriminating the defendant.

Several classmates of defendant at Rockford East High School testified at trial. They testified that defendant was not known to ever use alcohol, tobacco, or illegal drugs. They did not notice anything unusual or bizarre about defendant's behavior on the day of the murder. However, nearly all of the witnesses stated that defendant was known to tell very unusual and often exaggerated stories. At various times defendant was known to claim that he was from Canada and moved to the United States to have a better chance of making the Olympic wrestling team. He often told stories about the number of automobiles and motorcycles he owned, and how he had personally built a three-car garage for his auto repair business.

Defendant also told numerous exaggerated stories and lies about his father. At various times he stated that his father was a Vietnam veteran and that he had served in the Canadian Air Force. He noted that his father was an Olympic-class wrestler who would have received an Olympic medal had not a stove blown up and broke his father's back. He also stated that his father was an alcoholic and smoked a lot of marijuana.

None of the acquaintances testified that defendant was a violent person. However, defendant often told stories relating to the subject of death. He told classmates that he once killed a "mental person" in Chicago and placed him in a trash dumpster. He also told them that he had once been in a car crash in which a friend was killed. Defendant once asked two classmates how they would kill someone if they had the opportunity to do so. Defendant told them that he was going to kill "a fat lady, a girl that was a bitch and her father" in order to get a car to drive. The two students thought he was kidding and laughed at him, after which defendant then stated that he was kidding.

Defendant's father, Terry Bouchard, also testified at trial. He stated that defendant had a normal childhood and was not known to use any type of drugs. He agreed that defendant was frequently known to exaggerate and tell unusual stories. He also noted that he never served in Vietnam or in the Canadian Air Force and that he was never an Olympic-class wrestler. Furthermore, defendant never owned a car or motorcycle, nor did he operate an auto repair business. He also stated that defendant never lived in Canada nor was he involved in any killings or fatal automobile accidents.

Two expert witnesses testified for the defendant. Dr. Frank Cushing, a clinical psychologist, diagnosed defendant's mental condition as "a paranoid schizophrenic break . . . and also suffers from a borderline personality disorder." Dr. Cushing described a borderline personality disorder as falling in between neuroses (mild disorders) and psychoses (major disorders) and claimed it was "the gateway to insanity." It was the doctor's opinion that defendant's pattern of "intense emotional ups and downs," coupled with a history of unstable relationships, was characteristic of a person suffering from a borderline personality disorder. Dr. ...

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