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11/07/89 In Re E.v.

November 7, 1989

IN RE E.V., A MINOR (THE PEOPLE OF THE STATE OF ILLINOIS,


APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION

Petitioner-Appellee, v.

E.V., a Minor, Respondent-Appellant)

547 N.E.2d 521, 190 Ill. App. 3d 1079, 138 Ill. Dec. 354 1989.IL.1750

Appeal from the Circuit Court of Cook County; the Hon. John J. Rogers, Judge, presiding.

APPELLATE Judges:

JUSTICE SCARIANO delivered the opinion of the court. BILANDIC, P.J., and HARTMAN, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE SCARIANO

Following an adjudicatory hearing in the circuit court of Cook County, respondent was found delinquent on the charge of criminal trespass to a vehicle, and he was committed to the Department of Corrections. Prior to this hearing, respondent's counsel requested the court to order a hearing and clinical examination to determine respondent's fitness to stand trial which the trial court denied. Respondent now appeals, contending that his due process rights were violated when the trial court forced him to stand trial despite his brain damage and loss of memory.

The public defender was appointed as counsel and guardian ad litem on behalf of respondent on January 9, 1987. An adjudicatory hearing was scheduled for June 16, 1987, but respondent's probation officer, Luis Rivera, appeared on that day and informed the court that respondent was hospitalized at Northwestern Memorial Hospital. Rivera stated that respondent had been pushed from a third-story window and was initially in a coma. After respondent regained consciousness, physicians determined that he had suffered brain damage to the right side of his brain. Respondent then received physical therapy in order to regain the ability to walk.

On August 5, 1987, respondent's counsel requested that the trial court conduct a hearing to determine respondent's fitness to stand trial, but the court informed counsel that it required a factual basis before granting her request. One month later respondent's counsel again appeared and informed the court that she had interviewed respondent and did not believe that he was competent to assist in his own defense. The trial Judge replied that counsel's statement alone was insufficient to raise a bona fide doubt of respondent's competency, and where there were no medical reports or expert testimony, and the only other evidence presented was respondent's testimony in his behalf, the evidence would be insufficient to raise any bona fide doubt of incompetency or to order a clinical evaluation.

At the adjudicatory hearing, Cesar Rivadelo testified that he owned a car which was stolen from a parking lot at Illinois Masonic Medical Center about January 3, 1987. The car was found by the police six days later and had sustained front-end damage and a broken steering column.

Officer William Sacco testified that about 12:25 a.m. on January 8, 1987, he and his partner pursued Rivadelo's stolen car until it crashed into the back of a truck. Respondent and two others exited the stolen vehicle and fled in different directions, but respondent was captured by police.

Respondent testified in his own behalf and claimed that he did not remember anything concerning the stolen vehicle, and that he had no memory from January 1987 until after his fall from the third-story window in May 1987.

The probation officer testified that respondent appeared to be quicker and more lucid before the accident ...


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