APPEAL FROM THE CIRCUIT COURT OF COOK COUNTY. HONORABLE JOSEPH ROMANO, JUDGE PRESIDING.
Rehearing Denied October 12, 1994. Released for Publication October 14, 1994.
The opinion of the court was delivered by: Murray
PRESIDING JUSTICE MURRAY delivered the opinion of the court:
On January 12, 1981, the defendant, Robert Koch (Robert), was charged by indictment with the offenses of murder, armed violence, and unlawful restraint. However, on November 12, 1981, December 10, 1981, January 26, 1982, and November 21, 1983, Robert was repeatedly found unfit to stand trial. On January 7, 1985, and August 26, 1985, Robert was finally found fit to stand trial.
In November of 1985, the cause proceeded to a bench trial at which time Robert presented an insanity defense.
The defendant's mother, Jean Koch, testified on behalf of the State. Her testimony essentially showed that defendant shot and killed his father, attempted to have sex with his mother, and then forced his mother to drive with him to Vail, Iowa, so that he could see his two children who were living with his estranged wife.
Jean testified that shortly after she and the defendant's father, Eugene Koch (Eugene) returned home from a shopping trip, the defendant displayed a shotgun and ordered them downstairs to the recreation room. Defendant indicated that he wished to see his wife and children in Iowa. He also expressed concern that his parents would prevent him from going to Iowa. Seven to ten days earlier, Jean had called the authorities in Iowa and prevented the defendant from seeing his wife.
The shotgun had a hair trigger and defendant did not put the safety on. After about two hours, Eugene, who was diabetic, said he was having an insulin attack and "jumped up" from his chair. Defendant fired the gun "instantaneously" and Eugene fell back with a chest wound. Defendant started to cry a little and told her that he killed his dad and that he loved his dad. He also stated that his wife made him do it.
Defendant then turned the gun toward his mother. After pleading for her life, defendant lowered the gun. Jean requested that defendant call the police, but defendant refused, saying that his father was dead. Defendant told his mother to go upstairs to a bedroom. He had her lie down and tied her hands behind her back. Defendant went back downstairs and attempted to hide his father's body in the crawl space inside a closet.
Thereafter, defendant went back upstairs and told his mother he wanted to have sex with her. Defendant undressed himself and his mother. He fondled his mother and unsuccessfully attempted to have intercourse with her. Defendant then took an ice pick, and appeared as though he was going to stab himself. He sat naked in a chair, rolling his head and eyes, and moaning.
After it became dark outside, defendant got dressed and told his mother that they were going to Vail Iowa, to see his children. Defendant placed his mother (who was still tied up) in the family car, covered her with a blanket and then drove from Palatine to Vail, Iowa, approximately a seven hour car ride. Defendant pulled into a farmer's field and left his mother in the car promising to return later. Defendant took the shotgun with him. Jean was ultimately able to free herself and get help. She warned the Iowa police about her son who was subsequently apprehended in Vail, Iowa.
Dr. Edward Blumstein, a clinical psychologist, and Dr. JeromeKatz, a psychiatrist, both testified that at the time of the offense the defendant was insane. Dr. Blumstein examined defendant eight times over a period of four years and he diagnosed defendant as a schizophrenic, paranoid type. Defendant had a long and extensive history of psychological disturbances and psychiatric hospitalizations dating back to his early childhood. At the time of the incident, he believed that the defendant was unable to conform his conduct to the requirements of the law because he was delusional and psychotic.
Dr. Katz also diagnosed defendant as suffering from schizophrenia. He felt defendant could not appreciate the criminality of his conduct and ...