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10/24/96 PEOPLE STATE ILLINOIS v. JONATHAN HAYNES

October 24, 1996

THE PEOPLE OF THE STATE OF ILLINOIS, APPELLEE,
v.
JONATHAN HAYNES, APPELLANT.



Chief Justice Bilandic delivered the opinion of the court. Justice Freeman, concurring in part and dissenting in part. Justices Miller and McMORROW join in this partial concurrence and partial dissent.

The opinion of the court was delivered by: Bilandic

CHIEF JUSTICE BILANDIC delivered the opinion of the court:

The defendant, Jonathan Haynes, was indicted on three counts of murder (720 ILCS 5/9--1(a)(1), (a)(2), (a)(3) (West 1992)) and one count of burglary (720 ILCS 5/19--1 (West 1992)) arising out of the August 6, 1993, shooting death of Dr. Martin Sullivan in Wilmette, Illinois. Following a bench trial in the circuit court of Cook County, the defendant was found guilty on all counts. The defendant waived a jury for death sentencing. The trial court found that the defendant was eligible for the death penalty. 720 ILCS 5/9--1(b)(6), (b)(11) (West 1992). The trial court further found that there were no mitigating factors precluding imposition of the death penalty and, accordingly, sentenced the defendant to death. The defendant's death sentence has been stayed pending his direct appeal to this court. 134 Ill. 2d Rs. 603, 609(a). We now affirm the defendant's convictions for intentional murder and burglary and sentence.

FACTS

Prior to the defendant's trial, a hearing was held to determine the defendant's fitness to stand trial. The defendant waived a jury for this hearing, and the hearing proceeded before the trial judge. Expert witnesses testified on behalf of both the State and the defendant. The testimony given by these witnesses is discussed in detail later in this opinion. After hearing the evidence, the trial court ruled that the defendant was fit to stand trial.

Immediately after the trial court ruled on the defendant's fitness, the defendant informed the court that he wished to proceed without counsel. The trial court accepted the defendant's waiver of counsel and appointed two assistant public defenders to act as standby counsel. The defendant proceeded to represent himself at his trial and death sentencing hearing. The defendant waived a jury for trial.

At trial, the defendant admitted murdering Dr. Martin Sullivan. The defendant delivered an opening statement in which he condemned "fake Aryan cosmetics," in particular, bleached blond hair, blue tinted contact lenses and plastic surgery. The defendant further stated that, in committing his "murders," he had issued a challenge to society to act "in accordance with your stated ideals of human equality."

The State's evidence established that, at approximately 2:15 p.m. on August 6, 1993, a man who identified himself as "John Rothmann" entered the office of plastic surgeon Dr. Martin Sullivan in Wilmette, Illinois. This "John Rothmann" had earlier contacted the office and scheduled an appointment for this time with Dr. Sullivan to discuss undergoing a rhinoplasty. Witnesses in the office later identified the defendant as the man who had identified himself as "John Rothmann." After sitting in the waiting area, the defendant was shown into examination room 1, a room with only one door. Dr. Sullivan entered examination room 1 shortly after the defendant. Several minutes later, office employees heard loud noises, including "popping" noises and glass shattering coming from examination room 1. The door to examination room 1 opened and the defendant ran out of the room and out of the office suite. Dr. Sullivan stumbled bleeding out of examination room 1 and asked someone to call an ambulance because he had been shot. An ambulance arrived at the scene a few minutes later and transported Dr. Sullivan to the hospital. Dr. Sullivan died as a result of his injuries. An autopsy revealed that Dr. Sullivan had sustained three gunshot wounds to the chest and a graze wound to the head. The shots had been fired at close range, from 18 to 24 inches away.

On the evening of August 6, 1993, Mitchell Lifson, an administrative aide for State Representative Jeff Schoenberg, saw a television news report of the Sullivan murder. The report identified the perpetrator as "John Rothmann" and included a description of the man. Lifson recalled that, at approximately 10:45 a.m. that day, the defendant, using the name "John Rothmann," had come into Representative Schoenberg's office and spoken to Lifson. The Representative's office is located about three or four blocks from Dr. Sullivan's office. Lifson told the defendant that the Representative was not available and asked for the defendant's name. The defendant was hesitant to divulge his name, though he eventually did identify himself as "John Rothmann," and refused to leave his telephone number. When Lifson spoke to Representative Schoenberg about the defendant a short time later, the Representative told Lifson to obtain the defendant's license plate number if possible.

Lifson left the office at about 12:15 p.m. As he was leaving, he noticed the defendant standing next to a light-blue Volkswagen Beetle with Maryland license plates. Lifson wrote down the license plate number. Thereafter, when Lifson heard on the news that police were looking for a "John Rothmann," he contacted Wilmette police and gave them his information. Lifson identified the defendant as the man who had come to the Representative's office on August 6, 1993.

The name "John Rothmann," a description of his vehicle with the license plate number and a police sketch were distributed to local police agencies. In the early morning hours of August 8, 1993, a Skokie police officer observed a vehicle that matched the distributed description and license plate number driven by a white male. The officer stopped the vehicle and the driver identified himself as Jonathan Haynes. The officer identified the defendant as the man driving the car.

The defendant was taken into custody by Wilmette police. After being read Miranda warnings, the defendant requested a pen and some paper so that he could write a statement. The defendant also gave an oral statement to Wilmette police detectives. In that statement, the defendant stated that he telephoned Dr. Sullivan's office on August 3 or 4, 1993, and made an appointment for August 6, 1993, at 2:15 p.m. under the name "John Rothmann." The defendant described that he arrived in Wilmette at around noon on August 6 and first went to Representative Schoenberg's office. The defendant wanted to ask the Representative some questions about problems he perceived in society. After leaving the Representative's office, the defendant drove to a gas station located next to Dr. Sullivan's office and parked his car in that lot. At almost exactly 2:15 p.m., the defendant left his car and walked to Dr. Sullivan's office. The defendant related that, upon entering the office, he identified himself as John Rothmann and filled out patient identification forms using that name. He was shown into an examination room at about 2:50 p.m., where he waited for Dr. Sullivan for approximately 10 minutes. After Dr. Sullivan walked into the room and introduced himself, the defendant pulled out a gun and started shooting at him. The defendant stated that the gun was a blue steel Colt .38 Special revolver. After the first shot, Dr. Sullivan reached for the gun and the two men grappled for it. The defendant stated that he pulled the trigger seven times, firing six rounds. After the last shot, the defendant ran out of the examination room and out of the office. The defendant ran back to his car and drove away. The defendant described in his statement that he had planned an escape route and he sketched the detectives a diagram of that route. The defendant also stated that he had deliberately chosen a parking spot which allowed him a quick escape.

The defendant further related, in this statement, his reason for choosing Dr. Sullivan. The defendant said that he had decided to kill a plastic surgeon and Dr. Sullivan had the largest advertisement in the Yellow Pages. The defendant relayed that he had waited to shoot Dr. Sullivan in his office so that he could be sure that he killed the right person. The defendant also told police that he had arrived in the Chicago area about a month earlier for the express purpose of killing Charles Stroupe, who lived in Lake Forest, Illinois. The defendant desired to kill Stroupe because he was the president of Wesley Jensen Corporation, which, according to the defendant, was the original and largest manufacturer of blue tinted contact lenses. The defendant told police that he had conducted surveillance of Stroupe's home, and had attempted to kill Stroupe on August 2, 1993, but had been unable to perpetrate the killing. As a result, the defendant decided to target a plastic surgeon instead. The defendant stated that he remained in the Chicago area after killing Dr. Sullivan so that he could again attempt the murder of Stroupe. Finally, the defendant relayed that his purpose in killing Dr. Sullivan and in trying to kill Stroupe was to strike out against those who promoted "fake Aryan beauty."

The defendant's written statement was also read into evidence. In addition to confessing to the murder of Dr. Sullivan and the attempted murder of Charles Stroupe, the written statement included the defendant's confession to the 1987 murder of Frank Ringi in San Francisco, California. Ringi, the defendant described, was a hair colorist. In that statement, the defendant again described his motivation for the murders as the condemnation of fake Aryan cosmetics. The defendant also stated that he had "fallen in love" with the "beauty of the Hitler youth" at the age of 12, and that he was "fundamentally in sympathy" with the neo-Nazi movement.

Police searched the defendant's car and apartment. Inside the car, police recovered a page torn from the Yellow Pages, which contained Dr. Sullivan's advertisement. In the apartment, the police found a loaded pistol, later identified through forensic testing as the murder weapon. Also found in the apartment was a cassette tape marked "taped confession," which was played at trial. In this tape, the defendant stated that he had killed two persons and that he was "quite happy" with the murders. The tape was meant to be sent to cosmetics industry executives to warn them against perpetuating fake Aryan cosmetics. The police also found the defendant's diary, the contents of which was read into evidence. Therein, the defendant detailed his plans to kill Charles Stroupe and described that he had killed Dr. Sullivan.

The defendant presented no evidence at trial, other than his own testimony. In that testimony, the defendant admitted killing Dr. Sullivan and again reiterated that his motivation was to make a statement condemning fake Aryan cosmetics. The defendant explained that "we fought World War II against the reality of Aryan beauty and now we are trying to fake it with cosmetics." The defendant also made a closing argument in which he again confessed to the murders of Dr. Sullivan and Frank Ringi.

The trial court found the defendant guilty as charged in the indictment of intentional murder (720 ILCS 5/9--1(a)(1) (West 1992)), knowing murder (720 ILCS 5/9--1(a)(2) (West 1992)), felony murder (720 ILCS 5/9--1(a)(3) (West 1992)), and burglary. The defendant waived a jury for the capital sentencing hearing. The trial court found that the defendant was eligible for death on two grounds: (1) that the defendant had committed the murder in the course of another felony, burglary (720 ILCS 5/9--1(b)(6) (West 1992)), and (2) that the murder was committed in a cold, calculated and premeditated manner pursuant to a preconceived plan (720 ILCS 5/9--1(b)(11) (West 1992)). The State thereafter presented evidence in aggravation.

Dr. Mathew Markos, a psychiatrist, testified for the State. Dr. Markos stated that he had considered whether the defendant had committed the murder of Dr. Sullivan while he was under the influence of an "extreme mental or emotional disturbance," the standard under the statutory mitigating factor contained in section 9--1(c)(2) of the death penalty statute (720 ILCS 5/9--1(c)(2) (West 1992)). In Dr. Markos' opinion, the defendant was not operating under the influence of any such disturbance at the time of the murder.

Thomas Trulli also testified for the State in aggravation. Trulli was the life companion and business partner of Frank Ringi. Trulli identified the defendant as the man who, identifying himself as "John Rockman," had entered their San Francisco hair salon on May 27, 1987, for a consultation with Ringi. After the defendant entered the consultation room with Ringi, Trulli heard Ringi shout and heard three "popping" sounds. Trulli entered the room and the defendant shot him in the abdomen. Ringi had fallen to the floor. As a result of the shooting, Trulli was in surgery for 17 hours and was hospitalized for three weeks. Ringi died as a result of the shooting. Following the murder, business at the salon declined to the point where Trulli was forced to file for corporate bankruptcy.

The defendant's confession to the murder of Frank Ringi, given to San Francisco police detectives after the Sullivan shooting, was also entered into evidence. Therein, the defendant admitted that he went to Ringi's salon on May 27, 1987, in order to kill him. He killed Ringi because he advertised himself as a hair colorist. The defendant stated that he was "not repentant" for this crime, although he knew that it was against the law. The defendant also stated in this statement that he believed that "Jews" wanted to control this country and that the population was growing increasingly uglier. The defendant also relayed that he is a "loner" and does not affiliate with any groups.

The State also presented testimony from Detective Brian King of the Wilmette police department. Detective King testified that the defendant said that it was his plan, after he had committed three murders, to send newspaper accounts of those murders to fashion magazines.

The State presented evidence that the defendant had been employed as a chemist with the Federal Bureau of Alcohol, Tobacco and Firearms in Maryland from November 17, 1991, to March 26, 1993. In addition, a certified copy of the defendant's birth certificate, showing his date of birth as October 3, 1958, was admitted into evidence.

Finally, the written statements of Dr. Sullivan's wife and seven of his eight children were read into evidence. In those statements, Dr. Sullivan was described as a caring father and husband, and a strong role model for his children and 21 grandchildren. Those statements also relayed that Dr. Sullivan's practice specialized in the repair of cleft lips and palates in infants. Dr. Sullivan also performed reconstructive surgery on accident victims and had performed charity work for the past 32 years. According to the statements, Dr. Sullivan was 68 years old when he died, was in very good health and planned to retire soon.

With this evidence, the State rested in aggravation. The trial court thereafter gave the defendant time to consult with standby counsel and with his parents. After this consultation, the defendant informed the court that he wished to present no mitigation evidence other than his own statement. The defendant gave a very brief statement in which he again condemned fake Aryan cosmetology.

The trial court denied standby counsel's request that the court consider a memorandum of mitigation evidence and a letter from Dr. Karen Smith offered in mitigation. Those documents are contained in the record. The mitigation memorandum, prepared by the public defender's office, urged that the statutory mitigating factor of "extreme mental or emotional disturbance" (720 ILCS 5/9--1(c)(2) (West 1992)) was present. Dr. Smith's letter concluded that the defendant suffered from paranoid schizophrenia at the time of the crime and was therefore legally insane when he committed the crimes.

After hearing the evidence, the trial court ruled that there were no mitigating circumstances sufficient to preclude a sentence of death. The trial court accordingly sentenced the defendant to death.

ANALYSIS

Fitness Hearing

Waiver of Jury for Fitness Hearing

The defendant charges that the trial court committed reversible error in accepting his waiver of a jury for the fitness hearing. We find no error in this regard.

The defendant's fitness hearing was set to begin on March 2, 1994. At the start of proceedings on that date, defense counsel appeared for the defendant and stated that a jury had been requested for the hearing. One of the prosecutors then informed the trial judge that the defendant had indicated, during one of his fitness examinations, that he wished to proceed without a jury. The trial judge questioned the defendant on this issue:

"THE COURT: I am going to ask him. You have a right, not a constitutional right, Mr. Haynes, to have this issue concerning whether you are legally competent mentally to stand trial in this criminal case to be decided by a jury of six persons, this is a civil proceeding, or whether you want to present--whether that issue can be presented to the Court sitting without a jury.

The decision is yours to make, and I am asking you to make that decision. Do you want six people seated in this jury box to hear evidence from your doctors and other persons concerning your mental status and your legal competence to stand trial, or do you want to have the Court make that decision without the jury?

Tell me.

THE DEFENDANT: I wish the Court to make that decision."

The defendant thereafter executed a written waiver of a jury for the fitness hearing. The defendant now contends that the trial court incorrectly accepted his jury waiver when defense counsel had already demanded a jury for the proceeding.

There is no constitutional right to a jury at a hearing to determine fitness to stand trial. People v. Manning, 76 Ill. 2d 235, 239, 28 Ill. Dec. 544, 390 N.E.2d 903 (1979). Our legislature, however, has made provisions for a jury to determine the issue of a defendant's fitness under some circumstances. 725 ILCS 5/104--12 (West 1992). Section 104--12 of the Code of Criminal Procedure of 1963 provides:

"Right to Jury. The issue of the defendant's fitness may be determined in the first instance by the court or by a jury. The defense or the State may demand a jury or the court on its own motion may order a jury. However, when the issue is raised after trial has begun or after conviction but before sentencing, or when the issue is to be redetermined under Section 104--20 or 104--27, the issue shall be determined by the court." (Emphasis added.) 725 ILCS 5/104--12 (West 1992).

The defendant's argument rests upon the wording of this statutory provision. The defendant asserts that section 104--12, by use of the term "the defense," gives the right to demand or waive a jury to defense counsel and not to the defendant himself. In most cases, the defendant reasons, defense counsel's decision on this issue will coincide with the defendant's wishes. However, the defendant posits, in the rare situation such as that presented here, where defense counsel has demanded a jury and the defendant expresses a desire to waive a jury, defense counsel's decision predominates. In essence, the defendant argues that the defendant does not personally have the right to waive a jury for the fitness determination. The defendant's contention is without merit.

This court has held "it is clear that an accused may waive a jury in a proceeding to determine his competency." People v. Lyons, 42 Ill. 2d 437, 440, 250 N.E.2d 133 (1969); see also People v. Brown, 43 Ill. 2d 79, 82, 250 N.E.2d 647 (1969). The defendant acknowledges this holding and concedes that, at the time of that holding and up until the legislature enacted the current version of the fitness jury statute in 1979, a defendant had the statutory right to waive a jury for his fitness hearing. He argues, however, that the legislature altered that rule in enacting the current version of section 104--12.

The defendant emphasizes that, prior to the 1979 change, the fitness jury provision provided that "the defendant" (in addition to the State or the court) could demand a jury. Ill. Rev. Stat. 1977, ch. 38, par. 1005-2-1(d). In 1979, the section was changed to provide, as noted above, that "the defense" may demand a jury. The defendant contends that, in substituting "the defense" for "the defendant," the legislature intended to take away from the defendant the right to demand or waive a jury and to give that right to defense counsel instead. The defendant's interpretation of the statute is erroneous.

In construing a statute, a court's duty is to ascertain and give effect to the intent of the legislature. People v. Parker, 123 Ill. 2d 204, 209, 121 Ill. Dec. 941, 526 N.E.2d 135 (1988). In determining that intent, a court must look first to the language of the statute and interpret that language in accordance with its plain and ordinary meaning. People v. Ross, 168 Ill. 2d 347, 350, 213 Ill. Dec. 672, 659 N.E.2d 1319 (1995). We find that the plain and ordinary meaning of the phrase "the defense," as used in section 104--12, does not exclude the defendant. "The defense," as used in this context, is commonly considered to connote the "team" or the "side" that is defending. This definition does not exclude the defendant, but clearly encompasses him as a part of "the defense team." We note that, in other sections of article 104 of the Code of Criminal Procedure, the article pertaining to fitness matters, the legislature expressly referred to "the attorney for the defendant" or "defendant's counsel" where it sought to refer to defense counsel. See 725 ILCS 5/104--23(a), 104--27(c) (West 1992). Had the legislature intended, in section 104--12, to grant the right to demand or waive a jury solely to defense counsel, to the exclusion of the defendant, it would have used specific language to that effect. We thus conclude that the plain language of section 104--12 does not evince an intent to alter the defendant's right to demand or waive a jury for the fitness determination.

The legislative history surrounding the 1979 change in the fitness jury provision confirms our conclusion. This change was effected as part of a major overhaul of the statutory provisions governing fitness for trial and sentencing. Public Act 81-1217, effective December 28, 1979, repealed previous provisions regarding fitness (Ill. Rev. Stat. 1977, ch. 38, pars. 1005-2-1, 1005-2-2), and replaced them with sections 102-21 and 104-10 through 104-29 of the Code of Criminal Procedure. The new sections provided detailed procedures to be employed in determining fitness and dealing with unfit defendants. Thus, changing "the defendant" to "the defense" was not the only, and was certainly not the most significant, change wrought by Public Act 81-1217.

Moreover, the debates in the legislature leave little doubt as to the motivating factor behind the legislative overhaul. The legislators' comments reveal that the primary purpose of the act was to address situations such as that in the much-publicized case of Donald Lang. This court issued an opinion in Lang's case in May 1979. People v. Lang, 76 Ill. 2d 311, 29 Ill. Dec. 87, 391 N.E.2d 350 (1979). As noted in that opinion, Lang was an illiterate, deaf-mute with virtually no communicative abilities who, over the course of 14 years, had been twice charged with murder, but had been found unfit for trial and not civilly committable. According to the House debates, Public Act 81--1217 was the result of the Lang case and was intended to bridge a "glaring gap" in the statutory framework for dealing with unfit defendants. 81st Ill. Gen. Assem., House Proceedings, June 19, 1979, at 75 (statements of Representative Daniels). Under the then-existing framework, persons such as Lang went into a "procedural limbo," and the bill was intended to alleviate that problem by creating "a comprehensive statute that covered defendants who are found not fit to stand trial and sets up a series of hearings and treatments for such persons." 81st Ill. Gen. Assem., House Proceedings, July 1, 1979, at 61 (statements of Representative Daniels).

Accordingly, the relevant legislative history provides no support for the defendant's interpretation of section 104--12. The 1979 act was primarily intended to address the concerns raised by the Lang case. According to this court's opinion in that case, it does not appear that the Lang case involved any issue relating to the waiver of a jury for fitness. We thus find no basis for holding that, in changing "the defendant" to "the defense," the legislature sought to effect the change suggested here by the defendant. The more rational explanation for this very minor change in wording is that the drafters used the word "defense" to allow defense counsel to speak on the defendant's behalf to inform the court of the defendant's wishes on this issue. We therefore reject the defendant's contention that section 104--12 grants only defense counsel, and not the defendant, the right to demand or waive a jury.

The defendant nonetheless argues that logic compels the rule he proposes. The defendant asserts that, where a bona fide doubt of a defendant's fitness has been raised (as there must be for a fitness hearing to take place), it is not logical to allow that potentially unfit defendant to personally make the decision whether to have a jury decide his fitness. This court rejected this precise argument in People v. Brown, 43 Ill. 2d 79, 82, 250 N.E.2d 647 (1969), stating:

"Defendant asserts, however, that it is inconsistent to try a person's competency to stand trial and at the same time accept his tendered jury waiver as being understandingly made. This argument has some surface appeal, but we do not think it makes a tendered jury waiver a nullity as defendant contends. The other side of the coin is that it would be reversible error for the trial court to deny a competent defendant's jury waiver." Brown, 43 Ill. 2d at 82.

The defendant acknowledges the holding in Brown, but urges a different result here. We see no reason not to adhere to the Brown court's resolution of this issue. The defendant concedes that, up until 1979, the legislature expressly granted defendants in this situation the right to demand or waive a jury, apparently finding no lack of logic in that procedure. We have held that the 1979 change in the fitness jury statute did not take away that right. We therefore continue to adhere to the Brown court's rejection of this argument. We find no inherent inconsistency in upholding the legislature's grant to defendants of the right to decide whether a jury will determine their fitness for trial.

In a related argument, the defendant contends that the acceptance of his jury waiver was improper because it was based upon the trial judge's "unsubstantiated personal belief" that the defendant's judgment was not impaired even if he was mentally ill. Having found that the defendant possessed the statutory right to decide whether to have a jury determine fitness, we agree with the State that there is no need to consider the trial court's "reason" for accepting the defendant's waiver. Accordingly, we hold that the trial court properly held the defendant's fitness hearing without a jury.

Fitness Finding

The defendant next contends that the trial court's ruling that he was fit to stand trial must be reversed. The defendant makes several arguments in this regard.

A. Manifest Weight of the Evidence

The defendant asserts that the trial court's ruling on fitness was against the manifest weight of the evidence. We find the evidence was sufficient to support the finding of fitness.

The due process clause of the fourteenth amendment prohibits the prosecution of a defendant who is not fit to stand trial. Medina v. California, 505 U.S. 437, 439, 120 L. Ed. 2d 353, 359, 112 S. Ct. 2572, 2574 (1992); People v. Brandon, 162 Ill. 2d 450, 455, 205 Ill. Dec. 421, 643 N.E.2d 712 (1994). Under Illinois law, a defendant is presumed to be fit to stand trial, and will only be considered unfit if, because of his mental or physical condition, he is unable to understand the nature and purpose of the proceedings against him or to assist in his defense. 725 ILCS 5/104--10 (West 1992); People v. Eddmonds, 143 Ill. 2d 501, 512, 161 Ill. Dec. 306, 578 N.E.2d 952 (1991). Fitness speaks only to a person's ability to function within the context of a trial; a defendant may be fit to stand trial even though his mind is otherwise unsound. Eddmonds, 143 Ill. 2d at 519. If a bona fide doubt of the defendant's fitness is raised, the trial court has a duty to hold a fitness hearing before proceeding further. 725 ILCS 5/104--11(a) (West 1992); Brandon, 162 Ill. 2d at 456. The trial court's ruling on the issue of fitness will be reversed only if it is against the manifest weight of the evidence. People v. Mahaffey, 166 Ill. 2d 1, 18, 209 Ill. Dec. 607, 651 N.E.2d 1055 (1995).

At the fitness hearing in this case, defense counsel agreed that there was no dispute that the defendant understood the nature and purpose of the proceedings against him. Rather, the dispute centered on the second part of the fitness inquiry, whether the defendant had the capacity to assist in his defense. 725 ILCS 5/104--10 (West 1992). The testimony at the fitness hearing is summarized below.

Dr. Mathew Markos, a licensed forensic psychiatrist and acting clinical director of the Psychiatric Institute of the Circuit Court of Cook County (Psychiatric Institute), testified for the State. Dr. Markos testified that he had previously conducted examinations to determine fitness for trial or sanity thousands of times. Dr. Markos met with the defendant, pursuant to court orders, on four occasions between August 27, 1993, and February 15, 1994. Dr. Markos testified that, during his meetings with the defendant, the defendant was calm and cooperative, exhibiting good eye contact and no anxiety. Dr. Markos specifically looked for looseness of association and delusions on the part of the defendant, but saw no evidence of such symptoms. Dr. Markos discussed the defendant's "philosophy" with him and determined that his beliefs regarding Aryan supremacy did not constitute a delusion in the psychiatric sense. Rather, the defendant's philosophy, Dr. Markos determined, was a highly personalized idiosyncratic belief.

Dr. Markos diagnosed the defendant as suffering from a personality disorder with schizoid, narcissistic and paranoid traits, which does not constitute a mental illness or mental disorder. Using the criteria set forth in the Diagnostic and Statistical Manual of Mental Disorders (Third Edition-Revised) (DSMIII-R), Dr. Markos concluded that the defendant was not suffering from schizophrenia. The DSMIII-R requires that, for a diagnosis of schizophrenia, there must be the presence of at least two symptoms, and one of those must be a prominent delusion. The defendant exhibited no delusions or delusional thinking. Neither did the defendant exhibit other symptoms of schizophrenia, such as hallucinations, catatonia or incoherence.

Dr. Markos further testified that, according to his medical records, the defendant had been treated with various antipsychotic drugs while in custody. There was, however, no change in the defendant's beliefs as a result of the medications. According to Dr. Markos, a true psychiatric delusion would be amenable to treatment with medications. Dr. Markos conceded that drugs will not always cure a delusional disorder.

Dr. Markos acknowledged that Drs. Fauteck and Rabin, also of the Psychiatric Institute, had diagnosed the defendant as schizophrenic. Dr. Markos took these opinions into account in reaching his own diagnosis. Dr. Markos also acknowledged that other doctors had diagnosed the defendant as suffering from delusional disorder. Dr. Markos testified that the symptoms described by those doctors did not support a diagnosis of delusional disorder, without the additional symptom of a psychiatric delusion. Dr. Markos never personally observed any of the symptoms described in the records of those other doctors.

Based upon all of this information, Dr. Markos found the defendant fit to stand trial. In Dr. Markos' opinion, the defendant understood the charges against him and had the capacity to cooperate with counsel if he so chose. The defendant had simply chosen not to cooperate with counsel and had very clearly articulated that he wished to represent himself.

The defendant's first witness at the fitness hearing was Assistant Public Defender Thomas Verdun. Verdun was assigned to represent the defendant at his August 9, 1993, bond hearing. Verdun interviewed the defendant for 20 to 30 minutes, during which time the defendant never looked directly at him. While in court at that hearing, the defendant interrupted the judge in order to make a statement condemning "fake Aryan beauty." The defendant also stated to the court that he was disgusted by the ugliness of people and that he was honored to give his life for his cause. The judge conducting the bond hearing ordered that the defendant undergo a behavioral clinical examination at the Psychiatric Institute.

Dr. Satinder Brar, a clinical psychologist and coordinator of the residential treatment unit of Cook County jail, also testified for the defendant. Dr. Brar had diagnosed the defendant with delusional disorder, grandiose type, which is a mental illness. Dr. Brar determined that the defendant was not willing to cooperate with counsel in his defense because his delusional system was so precious to him that he must protect it.

The defense also called Dr. Paul Fauteck, a forensic psychologist at the Psychiatric Institute. Pursuant to court orders, Dr. Fauteck examined the defendant four times between August 19, 1993, and February 15, 1994, administering psychological tests on two occasions. At the first examination, the defendant seemed very intense, maintaining unbroken eye contact, but was overall appropriately behaved. The defendant described to Dr. Fauteck his philosophy, stating that he was alarmed at the increasing ugliness of the American population and believed that it was due to "false Aryan cosmetics," specifically plastic surgery, hair coloring and tinted contact lenses. The defendant reported that he believed that the Anti-Defamation ...


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