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People v. McVeay

February 05, 1999


Appeal from the Circuit Court of Winnebago County. No. 96--CF--1362

The opinion of the court was delivered by: Justice Hutchinson


Honorable Robert G. Coplan, Judge, Presiding.

Following a bench trial, defendant, Randall G. McVeay, was declared to be a sexually dangerous person pursuant to the Sexually Dangerous Persons Act (the Act) (725 ILCS 205/0.01 et seq. (West 1996)). Pursuant to the Act, the trial court committed defendant to the custody of the Director of Corrections until defendant's recovery and release. See 725 ILCS 205/8 (West 1996). Defendant presents three issues in this appeal: (1) whether the trial court erred when it refused to appoint an independent psychiatrist for him; (2) whether he was denied due process; and (3) whether he was denied equal protection of the laws. We affirm.

In May 1996 defendant was charged by indictment with one count of aggravated criminal sexual abuse (720 ILCS 5/12--16(c)(1)(i) (West 1996)). In August 1996 the State petitioned the trial court to conduct a hearing to determine whether defendant should be committed and detained as a sexually dangerous person, in accordance with the provisions of the Act. Pursuant to section 4 of the Act, the trial court appointed two psychiatrists to examine defendant. See 725 ILCS 205/4 (West 1996).

At a hearing on September 9, 1996, defense counsel orally requested the appointment of a forensic psychiatrist to examine defendant. The State objected, stating that defendant was not entitled to an additional expert under the statute. The State also informed the trial court that the county provides funds for the experts rather than the State; hence, no bias against defendant existed. The State argued that the two appointed psychiatrists were independent and had never been previously employed by the county or the State's Attorney's office. The trial court continued the case, and defense counsel represented that a written motion would be provided.

On September 11, 1996, defense counsel informed the trial court that he filed a written motion requesting the appointment of a forensic psychiatrist on defendant's behalf. Parenthetically we note that the record reflects no such motion. After taking the case under advisement, the trial court ruled that no statutory authority or case law existed to support defendant's request and subsequently denied the motion. The trial court added, though, if the results from the two experts were "skewed in the State's favor," it would reconsider the matter.

The hearing on the State's petition commenced in October 1996. The record reflects that C.H., the victim of the alleged offense who was eight years old at the time, went to defendant's apartment to look at a bicycle. Defendant worked as a maintenance man at C.H.'s apartment building. Defendant went into a back room with C.H. where the bicycle was stored and stood behind C.H. According to C.H., defendant reached around from behind, placed his hands over C.H.'s penis from the outside of his clothing, and rubbed it several times. C.H. told defendant to stop three times, unlocked the apartment door, and ran. Defendant followed C.H. out of the apartment to C.H.'s apartment. After defendant left, C.H. told his mother what had happened. C.H.'s mother, K.P., called the police.

Rockford Detective Dennis Woody investigated the incident. He photographed defendant's apartment; it was decorated with stuffed animals, and a large dish of candy was on the living room coffee table. Woody interviewed both defendant and C.H. Defendant explained to Woody that he received counseling in prison but that he still had sexual urges toward children. Defendant tried to divert his urges with prayer or by watching television. Defendant denied having fondled or having attempted to fondle C.H.

Psychiatrist Jonathan Kelly, M.D., one of the court-appointed psychiatrists, testified. Kelly interviewed defendant for approximately three hours. His evaluation consisted of reviewing reports and evaluations, including defendant's probation and parole reports, psychological and psychiatric evaluations, and records from the Washington Department of Corrections. Kelly diagnosed defendant as suffering from homosexual pedophilia, borderline intellectual function, and personality disorder. In Kelly's opinion, defendant's mental disorders have been lifelong, and he exhibits a propensity towards the commission of sexual offenses and molestation of children.

On cross-examination, Kelly acknowledged that he did not give additional intelligence testing, personality disorder tests, or sexual problem questionnaires to defendant. In this regard, Kelly testified that the State related to him that limiting the cost of defendant's examination was a concern. Despite the financial limitations, though, Kelly testified that he believed that both his diagnosis of and opinions concerning defendant were adequate.

The other court-appointed psychiatrist, Dr. Daniel Hardy, also testified. Hardy interviewed defendant for approximately two hours. Hardy also reviewed defendant's records dating back to 1967 and up to his police reports from 1996. He diagnosed defendant as suffering from pedophilia and personality disorder not otherwise specified, in that defendant appeared to have an antisocial and avoidant personality disorder along with borderline intellectual functioning. He further opined, as did Kelly, that defendant's mental disorder had existed in excess of one year prior to the filing of the State's petition to find defendant a sexually dangerous person. Hardy believed that defendant still had a propensity to commit sex offenses against minor children.

On cross-examination, Hardy discussed options of treatment, including monitoring at a halfway house. He opined, though, that defendant was not suitable for outpatient treatment.

At the Conclusion of its case, the State presented exhibits that included documents related to defendant's prior convictions from Washington and ...

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