The opinion of the court was delivered by: JAMES B. MORAN
On October 10, 1986, a Cook County Circuit Court judge found petitioner Barbara Jones (Jones) guilty of murder and concealment of a homicide. Jones was sentenced to concurrent prison terms of thirty-four years for murder and five years for concealment of a homicide. On appeal to the Illinois state courts Jones argued that there was insufficient evidence to convict her, that she was denied effective assistance of counsel, and that her sentence was excessive. The Illinois courts have denied Jones' appeal. Before this court is Jones' petition for writ of habeas corpus. She contends that she was convicted on insufficient evidence, in violation of due process of law, and was denied effective assistance of counsel, in violation of the Sixth Amendment. In addition, petitioner requests an evidentiary hearing under 28 U.S.C. § 2254(d). For the following reasons we deny Jones' writ of habeas corpus and her request for a federal evidentiary hearing.
The facts below have been taken, for the most part, from the Illinois Appellate Court's August 9, 1988 opinion. The findings of fact made by that court are supported by the record and are entitled to a presumption of correctness in this court.
On July 7, 1984, Jones, then 19 years old, gave birth to an eight-pound baby boy in the bathroom of her mother's apartment. Shortly after giving birth Jones placed the baby in a plastic bag and dropped the bag out of a window and down the airshaft. The baby died from multiple injuries suffered in the fall.
Detective Richard Schak spoke with Jones in the emergency room and at that time Jones told him that she had passed a large blood clot which she wrapped in newspaper. After speaking with Jones, Schak searched Jones' apartment. In the apartment Schak found bloody newspaper in the trash. He retrieved a plastic bag from the airshaft (located below the kitchen window) and found the body of a baby boy inside the bag. Schak then returned to the hospital and told Jones that he had found the baby in the airshaft. At that time Jones admitted that she had given birth to a baby in the bathroom. Schak testified that Jones told him that the baby had not moved and that she threw him out the window because she thought he was dead.
At trial, Dr. Rosalyn Tiu-Tanedo, a resident in psychiatry at the hospital, testified that she examined Jones on July 7, 1984. Dr. Tiu-Tanedo stated that Jones told her that she was six months pregnant and that earlier that day she had passed several blood clots which she threw away. The doctor further testified that Jones was alert, well-oriented and not psychotic.
It was stipulated at trial that Dr. Christopher Kubik would testify that Jones told him (at approximately 2:20 a.m. on the morning of July 8, 1984) that she gave birth in the bathroom, that she was scared by the amount of blood, and that she wrapped the baby in newspaper and threw it out the window.
Robert Maxson of the Department of Children and Family Services (DCFS) testified that he interviewed Jones on the morning of July 8, 1984, and that Jones told him that she had passed a number of small blood clots the previous day and that she wrapped them in newspaper, placed them in a bag and threw the bag out the window. Jones further told Maxson that she knew nothing about a baby at that time, and stated that she did not learn of the baby until the police told her when she was at the hospital.
Assistant State's Attorney Kim Kardas gave similar testimony at the trial. Kardas stated that when he interviewed Jones on July 8, 1984, Jones told him that when she looked into the toilet she saw a "bloody mess," which she removed from the toilet, placed in a bag and threw out the window. Jones told Kardas that she did not recognize the object she threw away to be a baby. When Kardas informed Jones that he had learned from the medical examiner that she had had an eight-pound baby boy, Jones admitted that she knew she had given birth to a baby. Jones told Kardas that she first learned she was pregnant in November 1983, but never returned to the doctor for prenatal care and never told anyone about her pregnancy.
In describing the events of July 7, 1984, Jones told Kardas that earlier in the day she began experiencing stomach pains similar to pains that she had experienced when in labor with her first child. Jones stated that while she was in the bathroom her water broke and the baby fell into the toilet. She further stated that the baby was clean, that she recognized it as a baby, and that she took the baby out of the toilet and held it in her arms. Jones told Kardas that she thought the baby was stillborn, but stated that she did not check the baby's heartbeat or pulse and did not check to see if the baby was breathing. Jones held the baby for approximately ten minutes and then wrapped the baby in newspaper, placed him in a bag, and threw the bag out the window.
Dr. Yuksel Konacki performed the autopsy on the baby. He testified that the baby's death was caused by multiple head and body injuries. Based upon the doctor's observations of the baby's lungs, he determined that the baby was born alive and breathing. Dr. Konacki stated that there were no obstructions in the baby's respiratory tract, that his skin tone was normal and he appeared to be a full-term, normal baby. Dr. Uwe Freese, chairman of the Department of Obstetrics and Gynecology at Cook County Hospital, and an expert in the area of the pathology of newborns, reviewed the records in this case and gave similar testimony to that of Dr. Konacki.