2018 IL App (1st) 143132
No. 1-14-3132
Order filed May 24, 2018
Fourth Division
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
FIRST DISTRICT
______________________________________________________________________________
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County
)
v. ) No. 10 CR 18297
)
RAMON ROMERO, ) Honorable
) Thomas V. Gainer Jr.,
Defendant-Appellant. ) Judge Presiding.
PRESIDING JUSTICE BURKE delivered the judgment of the court, with opinion.
Justices McBride and Gordon concurred in the judgment and opinion.
OPINION
¶1 Following a bench trial, defendant Ramon Romero was found guilty of attempted first
degree murder, aggravated vehicular hijacking, attempted aggravated vehicular hijacking, and
aggravated battery. The circuit court of Cook County then sentenced defendant to concurrent
terms of imprisonment of 45, 30, 8, and 3 years, respectively. Prior to trial, the court held two
fitness hearings. Following the second fitness hearing, the court found defendant fit to stand trial
without medication. Defendant’s chief defense at trial was that he was mentally unfit and
suffered a psychotic episode at the time of the offense. The court rejected defendant’s insanity
No. 1-14-3132
defense and found that he had the substantial capacity to appreciate the criminality of his conduct
at the time of the offense. 720 ILCS 5/6-2(a) (West 2014).
¶2 On appeal, defendant does not contest the sufficiency of the evidence to sustain his
conviction but contends that the court erred in rejecting his insanity defense where the defense
expert was more qualified than the State expert and considered defendant’s entire mental health
history. Defendant also contends that the trial court judge improperly assumed the role of the
prosecutor in questioning defendant’s expert witness and was biased against defendant, denying
defendant the right to a fair trial. Defendant further contends that the court erred in preventing
his wife from testifying to statements he made prior to his two psychotic episodes. For the
reasons that follow, we affirm the judgment of the circuit court.
¶3 I. BACKGROUND
¶4 Defendant was charged with attempted first degree murder, aggravated vehicular
hijacking, aggravated battery with a firearm, aggravated discharge of a firearm, attempted
aggravated vehicular hijacking, unlawful use of a weapon by a felon, aggravated unlawful use of
a weapon, and aggravated battery in connection with an incident that took place on September
11, 2010, in Chicago, Illinois. Prior to trial, the court held two hearings to determine if defendant
was fit to stand trial.
¶5 A. Defendant’s PreTrial Fitness Hearings
¶6 1. The Initial Fitness Hearing
¶7 At defendant’s first fitness hearing on June 21, 2013, Susan Buratto testified that she was
a fellow in forensic psychiatry at Northwestern Memorial Hospital, and the court found that she
was qualified as an expert in that field. Buratto testified she and Dr. Stephen Dinwiddie, the
training director for forensic psychiatry at Northwestern Memorial Hospital, interviewed
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defendant in November 2012. The trial court noted that this report was “stale” but permitted
Buratto to testify regarding the interview.
¶8 Buratto testified that she and Dr. Dinwiddie diagnosed defendant with bipolar disorder
based on his medical records and the information defendant provided about his symptoms.
Buratto noted that defendant was on medication at the time of the interview and that it would be
in his best interest to continue taking the medication. Buratto testified that she believed that
defendant would be able to understand the nature of the proceedings without medication but, due
to the waxing and waning nature of bipolar disorder, he would be less able to make good
decisions and may not be able to assist his counsel with his defense unless he were on
medication. Accordingly, she testified that defendant would be fit to stand trial with medication.
¶9 The parties also stipulated to a report from Dr. Nishad Nadkarni who was employed by
forensic clinical services at the circuit court of Cook County. The court noted that Dr. Nadkarni
evaluated defendant on May 29, 2013, so his report was not stale. Dr. Nadkarni noted that
defendant was currently prescribed Depakote, a mood stabilizer; Risperdal, an antipsychotic
mood stabilizer; and Klonopin, an antianxiety medication. Dr. Nadkarni concluded, however,
that defendant did not require psychotropic medication in order to maintain his fitness and
function and found him fit to stand trial without medication. The trial court found that defendant
was fit to stand trial with medication.
¶ 10 On April 7, 2014, defense counsel informed the court that defendant had been
hospitalized for three weeks and had been taken off his antipsychotic medication. Defense
counsel indicated that she was concerned about defendant’s ability to assist her during the trial
and noted that defendant was having difficulty remaining quiet. The court granted defense
counsel’s requests for a second fitness hearing.
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¶ 11 2. The Second Fitness Hearing
¶ 12 At the second fitness hearing on May 21, 2014, Dr. Nadkarni testified that he was
employed by forensic clinical services at the circuit court and the court found that he was
qualified as an expert in the field of forensic psychiatry. Dr. Nadkarni testified that in evaluating
defendant for his fitness to stand trial, he met with him on May 29, 2013, and May 12, 2014. Dr.
Nadkarni also reviewed the records of two other employees from forensic clinical services who
had interviewed defendant, Dr. Susan Messina and Dr. Dawna Gutzman. Dr. Messina met with
defendant on December 10, 2010, but offered no opinion regarding his fitness because he was
uncooperative during his interview. Dr. Messina also met with defendant on April 12, 2011, and
January 31, 2012, and on both occasions found defendant to be legally fit and sane. Dr. Gutzman
met with defendant on April 25, 2011, and noted that defendant was uncooperative and met with
him again on June 27, 2011, and found defendant to be legally fit and sane.
¶ 13 Dr. Nadkarni also reviewed nearly 650 pages of defendant’s medical records that he
received shortly before the hearing. Dr. Nadkarni noted that these records covered 2010, 2011,
and 2012 through 2014 and that some of them were duplicates of records he had already
reviewed prior to testifying. Dr. Nadkarni also reviewed notes from Dr. Melvin Hess from 2009
and reviewed a report that was sent to defense counsel from Dr. Dinwiddie on February 21,
2013.
¶ 14 Dr. Nadkarni testified that he conducted a mental status examination of defendant on
May 12, 2014. Dr. Nadkarni diagnosed defendant with antisocial personality disorder with
narcissistic features and also diagnosed him with cannabis-, cocaine-, and alcohol-use disorder.
Dr. Nadkarni testified that his review of defendant’s medical records did not change his
diagnosis and that defendant did not show a bona fide major mental illness. Dr. Nadkarni
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determined that defendant was fit to stand trial, that he would understand the trial proceedings,
and that he did not require medication to maintain his fitness. On cross-examination, Dr.
Nadkarni stated that defendant’s medical records showed that defendant’s behavior was
consistent whether or not he was taking medication and his behavior was not indicative of a
bona fide major mental illness. The court found that defendant was fit to stand trial without
medication.
¶ 15 B. Trial 1
¶ 16 1. State Witnesses
¶ 17 At trial, Abraham Cardenis testified that he was the Spanish pastor for the Faith Baptist
Church in Kankakee, Illinois, and knew defendant because he had attended church on a couple
occasions. Cardenis testified that defendant called him on September 11, 2010, and told him that
he needed help and needed him to pick him up at Midway Airport. Cardenis drove his blue
Mazda Tribute with his brother-in-law to Chicago to pick up defendant. Before getting into the
vehicle, defendant smashed his phone on the ground. Cardenis drove around for about an hour
looking for the entrance to the Dan Ryan Expressway, but after they were on the expressway,
defendant changed his mind about where he wanted to go. Cardenis told defendant that he was
not a taxi driver and he would drive him to Kankakee. Cardenis pulled the vehicle over to the
side of the road, and defendant pulled out a gun. Defendant forced Cardenis and his brother-in
law out of the vehicle and drove away in Cardenis’s vehicle. Cardenis called the police.
1
Prior to trial, defendant repeatedly expressed concerns about being able to wear a suit to the trial.
After the circuit court was unsuccessful in obtaining a suit for defendant to wear, defendant refused to
attend the proceedings without a suit. The court found that defendant had voluntarily waived his right to
be present at the proceedings and arranged for him to listen to the proceedings from lock-up.
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No. 1-14-3132
¶ 18 Fallon Jackson testified that on September 11, 2010, she lived at 75th Street and South
Shore Drive in Chicago. Around 6 p.m. that night, she was sitting in her living room when she
heard her “play brother” Tyler arguing with someone in the parking garage. She went down to
the parking garage and saw Tyler speaking with defendant, who told her that he needed gas for
his vehicle. Jackson saw defendant standing near a blue vehicle that was damaged and leaking
fluid. Jackson went back inside her apartment and called police. When she came back outside,
she saw defendant walking around the outside of the building.
¶ 19 Chicago police officer Aaron Davis testified that he was on patrol with his partner,
Tiawansa Davis, on September 11, 2010, when they received a call about a disturbance in the
area of 75th Street and South Shore Drive. When they arrived on the scene, the officers saw
Jackson and defendant, who was wearing a white hooded sweatshirt with a green design on it.
Jackson testified that she tried to speak with the officers but defendant kept interrupting them.
Defendant pulled an orange bible out of his pocket and told Officer Tiawansa Davis to read it.
Defendant approached Officer Aaron Davis, who told defendant to not “walk up” on him.
Officer Aaron Davis told defendant to leave the area, but he refused to do so. Officer Aaron
Davis told defendant that, if he did not leave the area, he would be arrested.
¶ 20 Defendant then pulled out a gun and shot at Officer Aaron Davis’s chest. Jackson, Officer
Aaron Davis, and Officer Tiawansa Davis ran for cover. Each heard defendant fire at least one
more shot. Jackson ran into the building for cover, and the two officers took cover near the
parking garage. Defendant entered the officers’ police vehicle but could not start it because he
did not have the keys. Officer Tiawansa Davis fired her gun into the vehicle at defendant and
then took cover with Officer Aaron Davis. She noted that Officer Aaron Davis had been shot in
the left shoulder. The officers lost track of defendant’s whereabouts, but Jackson saw him leave
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the police vehicle and approach a red vehicle at the intersection of 75th Street and South Shore
Drive.
¶ 21 Milot Cadichon, an off-duty police officer who lived at the corner of 75th Street and
South Shore Drive, saw defendant through his apartment window firing at Officer Tiawansa
Davis and then fleeing the scene. Officer Cadichon saw defendant stop a red minivan in the
street and force the driver out of the vehicle at gunpoint. Defendant then drove the red minivan a
short distance and then stopped the vehicle. He got out of the minivan and stopped a vehicle that
was travelling in the opposite direction. He forced the driver of that vehicle out of her car at
gunpoint and then drove away.
¶ 22 Sergeant Brian Forberg, who was working as a detective on September 11, 2010, testified
that he and his partner were assigned to investigate an aggravated battery of a police officer and
an aggravated vehicular hijacking that took place near 75th Street and South Shore Drive. Upon
arriving at the scene, Sergeant Forberg spoke with Officer Aaron Davis and Officer Tiawansa
Davis and learned that defendant had shot at the officers and hijacked two vehicles. Sergeant
Forberg spoke with Dwayne Harris, the driver of the red minivan, who informed Sergeant
Forberg that he was disabled and his vehicle had been customized to allow him to drive it.
Because of these customizations, defendant was unable to operate the vehicle and abandoned it
after driving a short distance. After speaking with Jackson, Sergeant Forberg went into the
building’s underground parking garage and saw a blue Mazda Tribute that had been damaged.
Sergeant Forberg learned that this was the vehicle that had been stolen from Cardenis on the Dan
Ryan Expressway.
¶ 23 Juan Zavala testified that in the early morning hours of September 12, 2010, he was at a
club called El Tunel in Chicago Heights with a group of friends. Around 1 a.m., Zavala was
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No. 1-14-3132
standing outside the club when he was approached by defendant, who introduced himself as
“Elisio.” Zavala invited defendant to join his group of friends at the club. Defendant and Zavala
were smoking cigarettes outside the club when police officers arrived and told them to go back
inside the club. Once inside, the officers told everyone to leave and then arrested defendant.
Zavala gave the officers defendant’s white hooded sweatshirt, which defendant had taken off
inside the club.
¶ 24 Chicago police officer Luis Vega testified that he learned of a Latin Kings party at El
Tunel in Chicago Heights on the night of September 11, 2010. He arrived at the club around 2:30
a.m. and told everyone to leave the club so that he could check their identification. While
everyone was leaving the club, he spotted defendant and took him into custody.
¶ 25 2. Defense Witnesses
¶ 26 Defendant’s wife, Mandy Romero, testified that after the birth of their son on August 24,
2009, she was in the hospital recovering for five days. During their stay, defendant “freaked out
a little” and would pace around the room and look out the hospital windows. When she was
discharged from the hospital, defendant would not drive her home. Mandy testified that
defendant was very paranoid and thought people were coming after him. Mandy did not believe
that anyone was coming after him but knew defendant had been a member of the Latin Kings
until he left the gang in 2007.
¶ 27 Because defendant would not let Mandy take their newborn son to their home, they went
to Mandy’s mother’s home. Defendant, however, would not sleep and would pace back and forth
around the house. Mandy took defendant to the Condell Medical Center, where he was treated
for anxiety, but Mandy thought he needed to see a psychiatrist. She testified that defendant was
not acting normally and she thought he had “snapped.” After they left Condell Medical Center,
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Mandy tried to get defendant an appointment to see a psychiatrist, but she could not, and
defendant “got worse.”
¶ 28 A few days later, their infant son urinated on the bed, and defendant became upset
because he thought Mandy was trying to kill him with their son’s urine. Even though it was the
middle of the night, he asked Mandy to wash the sheets immediately. Mandy put the sheets in the
washing machine with some of defendant’s work shirts, but defendant opened the washing
machine while it was running, removed the clothes from the washer, and then ran outside and
started looking in the bushes. Defendant began rambling, which scared Mandy, so she called
police. The police officers who arrived were able to calm defendant down and told him to leave
the house for the night.
¶ 29 Mandy found defendant the following morning at the train station. She drove him to the
‘El’ station and told him to go to his mother’s house in Kankakee. The following week, Mandy
learned that defendant was in jail in Kankakee. She and defendant’s mother signed a petition to
have him involuntarily committed to a mental hospital. Defendant was sent to Riverside Hospital
for evaluation. He was there for two days before being transferred to Tinley Park Mental Health
Center for further assessment. Defendant was admitted to Tinley Park Mental Health Center for
seven days and was prescribed Clonidine and Risperidone.
¶ 30 After his discharge, defendant had follow-up visits at the Helen Wheeler Medical Center
in Kankakee. Defendant continually changed his medications because he did not like the side
effects. Mandy testified that defendant was doing “very well” from October 2009 until April
2010. However, in May 2010, defendant stopped taking his medication and went into a
“downward spiral.” Defendant started getting anxious again and would often ramble and talk
about the same subject all day. In June 2010, defendant once again started to think that people
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were coming after him. In July, defendant became more paranoid and would not eat or sleep.
Mandy refused to let defendant watch their children because his paranoia was getting worse. She
last saw defendant in August 2010.
¶ 31 On cross-examination, Mandy acknowledged that defendant’s brother was a member of
the Latin Kings and defendant had been a member at least until 2009. She also testified that from
September 2009 to September 2010, defendant had been “self medicating” with marijuana and
was also using cocaine.
¶ 32 Dr. Dinwiddie was qualified in the field of forensic psychiatry and testified that, in
evaluating defendant, he had been asked to consider whether or not defendant suffered from a
mental disease such that he was not criminally responsible for his conduct. In his evaluation of
defendant, Dr. Dinwiddie concluded that he believed defendant suffered from a mental disease
and lacked the substantial capacity to understand the criminality of his conduct at the time of the
offense. In making this determination, Dr. Dinwiddie reviewed defendant’s medical records from
the Helen Wheeler Center, Riverside Hospital, and Tinley Park Mental Health Center. Dr.
Dinwiddie also reviewed the police reports regarding the offense, the reports from the doctors at
forensic clinical services at the circuit court, and interviewed defendant for 3½ hours on
November 6, 2012. Dr. Dinwiddie noted that defendant was very polite, cooperative, and
forthcoming and noted that there was no indication defendant was malingering. 2
¶ 33 Dr. Dinwiddie testified that, in his opinion, defendant suffered from bipolar effective
disorder. Dr. Dinwiddie testified that bipolar effective disorder is
2
Dr. Dinwiddie explained that malingering is a conscious and purposeful fabrication of
psychiatric symptoms in order to achieve a given end. In defendant’s case, he would be malingering to
avoid consequences for his criminal actions.
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No. 1-14-3132
“classified as a major—primarily a disorder of mood and it has two characteristics. One
is it’s called a relapsing remitting illness, that is it comes and goes so that if you see an
individual during a period of remission either because of the natural course of the illness
or because they have been adequately treated, they look perfectly, perfectly normal.”
Dr. Dinwiddie noted that defendant had been prescribed some antianxiety and antipsychotic
medication and noted that the most important treatment for defendant’s illness would be to
prescribe him medication that would prevent the illness from recurring. Dr. Dinwiddie testified
that some of the symptoms of bipolar effective disorder are lack of sleep, talking a lot, and
talking very quickly. Dr. Dinwiddie testified that these symptoms can progress into “clear
psychosis, a clear delusion,” and he believed that defendant was in such a psychotic state at the
time of the offense.
¶ 34 Dr. Dinwiddie testified that defendant’s symptoms began with a persecutory delusion:
that his wife was trying to kill him with their infant son’s urine. After that, defendant was
institutionalized and given medication, which improved his condition. Dr. Dinwiddie testified
that the fact that defendant’s condition improved when he was given antipsychotic medication
was a “key finding.” Dr. Dinwiddie noted that, when defendant stopped taking his medication,
his symptoms returned in the summer of 2010 and, by August 2010, his symptoms had returned
to where they had been one year prior when he was institutionalized. Dr. Dinwiddie testified that
this history of waxing and waning symptoms narrowed down the type of mental illness that
defendant could be suffering from.
¶ 35 With regard to whether defendant was malingering, Dr. Dinwiddie explained that it was
important to look at defendant’s entire mental health history. He noted that defendant’s history
showed signs that he clearly has a mental illness, given his long history of symptoms. Dr.
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No. 1-14-3132
Dinwiddie also observed that leading up to each of defendant’s manic episodes, there was a
period of build up where defendant’s actions became more random and less goal-driven and
defendant became more and more paranoid.
¶ 36 Dr. Dinwiddie stressed that it was important to look at defendant’s entire history, rather
than focusing on specific behaviors, such as his forcing Cardenis and his brother-in-law out of
the vehicle at gunpoint. Dr. Dinwiddie testified that actions can have more than one explanation
and that, although defendant may have been acting normally at one point, it does not mean that
he was not suffering from a manic episode. Dr. Dinwiddie testified that a manic episode can be
characterized by an overall increase in reactivity and impulsivity and also sleep disturbance,
increased talkativeness, periods of abnormally and persistently elevated or irritable mood, racing
thoughts, “hyper religiosity,” and an increase in activity. Dr. Dinwiddie believed that defendant
exhibited all of these symptoms at the time of the offense.
¶ 37 On cross-examination, Dr. Dinwiddie acknowledged that it is possible that a person can
suffer from a mental illness and still have the capacity to appreciate the criminality of his
conduct. Dr. Dinwiddie also addressed a report from September 12, 2011, from Dr. Pierre
Nunez, who found that defendant was malingering. Dr. Dinwiddie testified that this report was
just a “snapshot” of how defendant was doing around that time but did not help relate to the
long-term course of defendant’s illness. Dr. Dinwiddie also opined that it was “[h]ighly unlikely”
that defendant’s drug and alcohol use would cause him to have a manic episode.
¶ 38 Dr. Dinwiddie also testified regarding his interview with defendant in November 2012.
Dr. Dinwiddie testified that defendant told him that after he stole Cardenis’s vehicle, he did not
want to drive to his aunt’s house because he was afraid police officers would be there to arrest
him. Dr. Dinwiddie interpreted this belief as delusional. Defendant also told Dr. Dinwiddie that
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No. 1-14-3132
he got into an accident while driving Cardenis’s vehicle, so he parked the vehicle in a parking
garage and removed the deployed airbag so that it would be less easily noticed. Defendant told
Dr. Dinwiddie that, after the shooting, he drove to Ann Arbor, Michigan, to go to a casino to
have some fun because he knew he would be “apprehended or gunned down.”
¶ 39 On redirect examination, Dr. Dinwiddie testified that defendant’s psychotic episode
began in August 2010, was present at the time of the offense, and was still manifesting after he
was taken into custody. Dr. Dinwiddie testified that, although some of defendant’s actions
appeared rational, that did not change his diagnosis. Dr. Dinwiddie explained that, in evaluating
defendant’s actions, he had to determine whether these specific acts were in response to his
mental illness and explained that defendant would not be unable to act rationally merely because
he was in a psychotic state. Dr. Dinwiddie testified that all of defendant’s activities as outlined in
the police reports and witness testimony were consistent with the distractibility and over-activity
of a manic state. Dr. Dinwiddie also testified that Dr. Nadkarni’s diagnosis that defendant had a
personality disorder was not inconsistent with his diagnosis of bipolar effective disorder and the
psychotic episodes.
¶ 40 In regards to defendant fleeing the scene of the incident after shooting Officer Aaron
Davis, Dr. Dinwiddie explained that
“[t]he act of fleeing a scene, how do you know, just based on that, looking at that
little piece, how do you know that I’m fleeing because I’m fully aware of what a horrible
thing I am doing and I’m trying to avoid punishment, or because I believe falsely, but
delusionally and very deeply, I don’t know, that the devil is after me or the Martians are
going to eat my brains or something.”
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Dr. Dinwiddie testified that the act of fleeing is thus consistent with a rational appreciation of the
situation but also consistent with a delusional belief, and given defendant’s “rich history” of
persecutory delusions, Dr. Dinwiddie concluded that the most likely explanation for his behavior
was that it was impelled by his mental illness and the delusions his mental illness caused.
¶ 41 3. State’s Rebuttal
¶ 42 In rebuttal, Dr. Nadkarni testified that that he met with defendant to evaluate his fitness
for trial on April 24, 2013, and May 12, 2014, and on both occasions found him fit to stand trial.
Dr. Nadkarni testified that in his opinion, defendant did not suffer from a mental disease or
defect. He noted that defendant has a history of substance abuse and personality or character
pathology but does not have a history of a major mental illness. Dr. Nadkarni explained that
character pathology is a personality disorder and that in his opinion defendant suffers from
antisocial personality disorder with narcissistic features. This disorder caused defendant to
violate the rights of others to feel “grandiose in himself” and also to lack empathy or reciprocate
emotional feelings with others.
¶ 43 Dr. Nadkarni testified that in evaluating defendant, he reviewed Dr. Hess’s report from
2009, the Tinley Park Mental Health Center medical records from 2009, the Cermak Health
Services medical records, the medical records from Wheeler Medical Center and Condell
Medical Center, and the reports from Dr. Messina and Dr. Gutzman. He noted that at no point in
defendant’s medical history had anyone diagnosed him with a major mental illness. He also
noted that Dr. Nunez, who evaluated defendant in September 2011, and Dr. Gutzman, who met
with defendant in April and June 2011, both found that defendant was malingering. Dr. Nadkarni
had reviewed Dr. Dinwiddie and Dr. Burrato’s letter to defense counsel and disagreed with their
diagnoses of bipolar effective disorder, manic episodes with psychotic features.
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¶ 44 Dr. Nadkarni testified that in evaluating defendant, he learned that he had a leadership
role with the Latin Kings until 2008. After he was stripped of that role, defendant told Dr.
Nadkarni that he feared members of the Latin Kings were out to get him. Dr. Nadkarni testified
that this was not a delusional paranoia for defendant to be afraid that the Latin Kings were
coming after him but it was instead a reality-based fear.
¶ 45 Dr. Nadkarni also noted that there was no noticeable effect on defendant’s “reality
orientation” whether he was on medication or not. This opinion was based on Dr. Nadkarni’s
meetings with defendant, as well as a review of his medical records. Dr. Nadkarni noted that
defendant’s conduct remained the same while he was at the Cook County jail whether he was
given medication or not. Dr. Nadkarni observed defendant was combative and oppositional
toward security personnel but that there were no reports of delusions or hallucinations or signs of
mania. Dr. Nadkarni testified that these behaviors were consistent with antisocial and narcissistic
personality disorder and not of a major mental illness.
¶ 46 Dr. Nadkarni opined that defendant’s actions on the date of the incident indicated that he
appreciated the criminality of his actions. Dr. Nadkarni noted that defendant fled after stealing
Cardenis’s vehicle, which was “goal-directed, logical and organized.” Dr. Nadkarni also testified
that the fact that defendant hid Cardenis’s vehicle in the parking garage was “highly organized”
and showed appreciation of his actions being criminal. Dr. Nadkarni noted that, after the
shooting, defendant attempted to flee the area, indicating his understanding or appreciation of the
illegal nature of his actions. He also noted that upon arriving at the El Tunel club, he asked Zaval
if the club was checking identification, which showed goal direction and logic in attempting to
hide his identity.
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¶ 47 On cross-examination, Dr. Nadkarni acknowledged that he did not know the exact dates
defendant was on or off his medication or the exact dates the combinative incidents at the Cook
County jail occurred, but he nonetheless maintained that the incidents occurred while defendant
was on medication and while he was not on medication. Dr. Nadkarni also acknowledged that he
did not review any records of defendant’s involuntary commitment at Riverside Hospital on
September 29 and 30, 2009.
¶ 48 4. Defense Surrebuttal
¶ 49 In surrebuttal, Dr. Dinwiddie testified that he agreed with Dr. Nadkarni’s diagnosis of
antisocial personality disorder but also opined that defendant suffered from bipolar effective
disorder. Dr. Dinwiddie testified that, as a result of defendant’s mental illness, he had suffered
two psychotic episodes: one a year before the incident after his son was born and the second
during the offense. Dr. Dinwiddie noted that it was important to look at defendant’s entire
medical history to make a proper diagnosis, including defendant’s medication patterns and
reports from other doctors and mental institutions.
¶ 50 Dr. Dinwiddie also explained the difference between a bizarre and a nonbizarre delusion.
A bizarre delusion is one where there is no further “homework” necessary to verify the veracity
of the delusion. Dr. Dinwiddie gave the example of being pursued by “brain-eating Martians,”
which clearly do not exist and there is no further research necessary. Nonbizarre delusions, on
the other hand, may or may not be true but require more research to determine their validity. Dr.
Dinwiddie explained that the delusion may be plausible but it would be important to look into the
reasons behind the delusion to determine if it is true. Dr. Dinwiddie believed that defendant’s
fear of the Latin Kings was a nonbizarre delusion. On its face, the delusion seems plausible;
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No. 1-14-3132
however, defendant told Dr. Dinwiddie that he believed his wife and mother-in-law were part of
the plot and that it also involved fears of being poisoned.
¶ 51 Dr. Dinwiddie also testified that the Riverside Hospital medical records were “extremely
relevant” to an accurate diagnosis of defendant because they gave a description of defendant’s
behavior and symptoms at the time of his involuntary commitment. Dr. Dinwiddie believed that,
if someone made a diagnosis without considering those documents, it could affect the reliability
of their diagnosis. Dr. Dinwiddie also testified that the fact that defendant had a prior similar
psychotic episode weighed “very heavily” in determining his diagnosis because during this first
episode, defendant had no self-serving motivation to spin it in an exculpatory way.
¶ 52 5. Court Ruling
¶ 53 In announcing its judgment, the court observed that defendant’s first contact with any sort
of mental health treatment began with his institutionalization at Riverside Hospital and Tinley
Park Mental Health Center. The court determined that during that time defendant was becoming
increasingly paranoid about retaliation by the Latin Kings for things that happened while he was
a gang member, “[n]ot because of some delusional thought that the Martians are chasing him and
they’re going to eat his brains but the very real fear that he could at some point be set upon by
some very evil men who would do him and his family harm.” The court noted that this paranoia
coincided with the birth of his child, when defendant became responsible for his family.
¶ 54 The court noted that with the exception of the Riverside Hospital medical records, Dr.
Dinwiddie and Dr. Nadkarni had reviewed the same material in evaluating defendant. The court
observed that there was an argument that Dr. Nadkarni was less qualified than Dr. Dinwiddie,
but noted that it found Dr. Nadkarni to be an expert and had listened to both Dr. Nadkarni’s and
Dr. Dinwiddie’s testimony. The court found that although Dr. Dinwiddie was unequivocal with
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his opinion that defendant suffered from a mental illness, and therefore lacked the substantial
capacity to appreciate the criminality of his conduct, some of his other testimony was equivocal.
¶ 55 The court then summarized the evidence and defendant’s background and determined
that defendant’s actions were caused by his antisocial personality disorder, as Dr. Nadkarni
testified. The court found that defendant’s actions were goal-directed, based on his attempts to
avoid detection and apprehension by police. The court found that defendant’s actions were
impelled by real fears and real goals, and not psychotic delusions, such as “Martians coming to
eat his brains.” The court also found that Dr. Dinwiddie’s testimony that defendant suffered from
a mental disease that caused him to not appreciate the criminality of his conduct was not clear
and convincing. Accordingly, the court found that defendant failed to prove by clear and
convincing evidence that he was not guilty by reason of insanity. The court therefore found that
defendant was guilty of two counts of attempted first degree murder of a police officer, three
counts of aggravated vehicular hijacking, one count of attempted aggravated vehicular hijacking,
and two counts of aggravated battery.
¶ 56 Defendant filed a motion for a new trial contending, inter alia, that the court erred in
rejecting his insanity defense and that the court had demonstrated bias against defendant, in part
based on the court’s examination of Dr. Dinwiddie, which deprived defendant of his right to a
fair trial. The court denied the motion, finding that defendant had failed to adequately prove the
defense of insanity, and noted that, although it did engage in some examination of Dr.
Dinwiddie, it did not believe such examination was improper in a bench trial. At the following
sentencing hearing, after considering the evidence presented in aggravation and mitigation, the
court sentenced defendant to concurrent terms of imprisonment of 45 years for attempted first
degree murder of a police officer, 30 years for aggravated vehicular hijacking, 8 years for
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No. 1-14-3132
attempted aggravated vehicular hijacking, and 3 years for aggravated battery. Defendant now
appeals.
¶ 57 II. ANALYSIS
¶ 58 On appeal, defendant contends that the court erred in rejecting his insanity defense where
Dr. Dinwiddie testified that defendant suffered a psychotic episode at the time of the offense,
which prevented him from appreciating the criminality of his conduct. Defendant also contends
that the circuit court deprived him of the right to a fair trial where the trial court judge assumed
the role of the prosecutor in questioning Dr. Dinwiddie, demonstrated bias against defendant, and
relied on Dr. Dinwiddie’s responses to the court’s questions questions in rendering its judgment.
Finally, defendant contends that the court erred in preventing his wife, Mandy, from testifying to
statements he made prior to both his 2010 and 2009 psychotic episodes, where such statements
were not offered for the truth of the matter asserted but to show defendant’s state of mind, which
was a vital part of his insanity defense.
¶ 59 A. Defendant’s Insanity Defense
¶ 60 Defendant first contends that the circuit court erred in rejecting his insanity defense.
Under section 6-2 of the Criminal Code of 2012 (Code), a person is not criminally responsible
for conduct if, at the time of the conduct, he suffered from mental disease or defect, such that he
lacked substantial capacity to appreciate the criminality of that conduct. 720 ILCS 5/6-2(a) (West
2014). Defendant asserts that Mandy and Dr. Dinwiddie detailed his psychological problems and
the court improperly rejected Dr. Dinwiddie’s testimony that in his opinion defendant suffered
from a major mental illness and experienced an acute psychotic episode at the time of the
offense. Defendant contends that the court erred in accepting Dr. Nadkarni’s testimony over Dr.
Dinwiddie’s where Dr. Dinwiddie was a more qualified expert. Defendant maintains that Dr.
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No. 1-14-3132
Dinwiddie gave more thorough testimony than Dr. Nadkarni and reviewed all of defendant’s
medical history in forming his opinion that defendant was unable to appreciate the criminality of
his conduct at the time of the offense. Defendant also contends that the court erred in finding that
Dr. Dinwiddie’s testimony was equivocal.
¶ 61 1. Standard of Review
¶ 62 In Illinois, all defendants are presumed to be sane. People v. McDonald, 329 Ill. App. 3d
938, 946 (2002) (citing People v. Williams, 265 Ill. App. 3d 283, 289 (1994)). Where a defendant
raises the defense of insanity, he bears the burden of proving by clear and convincing evidence
that he is not guilty by reason of insanity. 720 ILCS 5/6-2(e) (West 2014).
¶ 63 Whether a defendant was sane at the time of an offense is generally a question for the
trier of fact. McDonald, 329 Ill. App. 3d at 946 (citing People v. Martin, 166 Ill. App. 3d 428,
433 (1988)). “The trier of fact may accept the testimony of one expert over that of another as
long as the accepted opinion is based on a credible diagnosis.” Id. (citing People v. Tylkowski,
171 Ill. App. 3d 93, 100 (1988)). As the defendant bears the burden of proof, the State does not
need to present expert testimony on the issue of sanity but may rely purely on facts in evidence
and the inferences that follow from those facts. People v. Gilmore, 273 Ill. App. 3d 996, 1000
(1995). The trier of fact may entirely reject expert testimony if it concludes that the defendant
was sane based on factors such as lay testimony based on observations made shortly before or
after the crime, the existence of a plan for the crime, and methods undertaken by defendant to
prevent detection. People v. West, 231 Ill. App. 3d 646, 650-51 (1992). “Bizarre behavior or
delusional statements do not compel an insanity finding as a defendant may suffer mental illness
without being legally insane.” People v. McCullum, 386 Ill. App. 3d 495, 504 (2008) (citing
Gilmore, 273 Ill. App. 3d at 1000).
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No. 1-14-3132
¶ 64 On review, we will not reverse the trier of fact’s resolution on the issue of an insanity
defense unless it is against the manifest weight of the evidence. People v. Frank-McCarron, 403
Ill. App. 3d 383, 396 (2010). A decision is against the manifest weight of the evidence only
where the opposite conclusion is clearly evident or if the finding is unreasonable, arbitrary, or
not based on the evidence presented. People v. Deleon, 227 Ill. 2d 322, 332 (2008).
¶ 65 2. Circuit Court’s Ruling Not Against the Manifest Weight of the Evidence
¶ 66 Here, we find that the evidence presented supported the circuit court’s finding that
defendant was sane at the time of the offense. The State presented the largely uncontroverted
testimony of witnesses, police officers, and victims, as well as the expert testimony of Dr.
Nadkarni to illustrate defendant’s mental state preceding, during, and after the offense. The court
could consider this lay testimony in conjunction with the expert testimony in ruling on
defendant’s insanity defense. The court’s ruling reflects that it considered the fact that defendant
appeared to appreciate the criminality of his conduct, by attempting to conceal the vehicle he
stole from Cardenis and his flight after the shooting, in finding him guilty and not insane.
Although Dr. Dinwiddie testified that these actions do not necessarily indicate that defendant
was attempting to avoid apprehension and must be viewed in conjunction with defendant’s other
actions and mental health history, the court evidently credited Dr. Nadkarni’s testimony that
defendant’s actions were a goal-directed attempt to avoid police and were not impelled by
delusions.
¶ 67 3. Battle of the Experts
¶ 68 Defendant contends, however, that the court erred in crediting Dr. Nadkarni’s testimony
over Dr. Dinwiddie’s because, not only was Dr. Dinwiddie more qualified than Dr. Nadkarni, but
Dr. Nadkarni also failed to review critical documents concerning defendant’s mental health
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No. 1-14-3132
history. Defendant contends that Dr. Nadkarni failed to review the Riverside Hospital records
and failed to recall specific details about defendant’s medication history. Defendant contends
that the Riverside Hospital records were crucial to an accurate diagnosis because they showed
that, one year prior to the incident, defendant had been involuntarily committed due to his mental
illness. Defendant asserts that Dr. Dinwiddie explained the significance of these records, which
provided a glimpse into defendant’s behavior during a manic episode. Defendant contends that in
such a situation, this case cannot be considered a “battle of the experts,” where Dr. Dinwiddie’s
testimony was based on a complete review of defendant’s medical history and Dr. Nadkarni’s
was not.
¶ 69 We observe that defendant raised these same arguments before the circuit court and the
court determined that the Dr. Nadkarni’s testimony was not less credible due to these alleged
deficiencies. With regard to Dr. Dinwiddie being more qualified than Dr. Nadkarni, the court
found that this was “an argument not in evidence.” The court determined that it found Dr.
Nadkarni to be an expert, and the court had listened to his testimony just as it had listened to Dr.
Dinwiddie’s testimony. The court also acknowledged that Dr. Nadkarni had not reviewed the
records from Riverside Hospital. The court noted, however, that the evidence showed that
defendant was brought to Riverside Hospital, where he stayed for two days, and was
subsequently committed to Tinley Park Mental Health Center, where he stayed for seven or eight
days. The court noted that Dr. Nadkarni had reviewed the medical records from Tinley Park
Mental Health Center. The court observed, therefore, that, aside from the defendant’s two-day
stay at Riverside Hospital, Dr. Nadkarni had reviewed the same exact records as Dr. Dinwiddie
but had reached a different conclusion about defendant’s mental health. Despite these arguments
by defendant, the court credited Dr. Nadkarni’s testimony that defendant’s actions were goal
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No. 1-14-3132
directed and that he was not suffering a manic episode at the time of the offense. It was within
the court’s discretion to accept Dr. Nadkarni’s opinion over Dr. Dinwiddie’s where Dr.
Nadkarni’s opinion was based on a credible diagnosis. McDonald, 329 Ill. App. 3d at 946.
¶ 70 Defendant, nonetheless, relies on People v. Wilhoite, 228 Ill. App. 3d 12 (1991), in
support of his contention that the court should not have credited Dr. Nadkarni’s testimony where
he failed to review defendant’s entire mental health history. In Wilhoite, defendant was charged
with attempted murder after she tried to throw her nine-year-old daughter out the window of
their apartment. Id. at 14. At defendant’s bench trial, the defense expert testified that defendant
suffered a brief psychotic episode brought about by the stress of learning that her boyfriend had
molested her daughter. Id. at 17. The defense expert testified that defendant “believed the world
was coming to an end and that God had commanded her to kill her children so that they could
find peace in heaven.” Id. at 23. The State’s expert, however, testified that defendant’s behavior
could be explained by her marijuana use and diagnosed her with cannabis intoxication. Id. at 16.
The trial court rejected defendant’s insanity defense, finding the explanation of the State expert
“ ‘more logical.’ ” Id. at 19.
¶ 71 In reversing the trial court’s ruling as against the manifest weight of the evidence, this
court noted that the State’s expert never asked defendant, nor ever attempted to ascertain, how
much marijuana she had smoked on the night of the incident. Id. at 21. The court also noted that
the textbook source the State expert used as guidance in diagnosing defendant “virtually
negate[d] his conclusion and supports those of defendant’s experts.” Id. at 22.
¶ 72 We find the court’s reasoning in Wilhoite is distinguishable in a number of respects. First,
although both the State and Dr. Nadkarni acknowledged that Dr. Nadkarni did not review the
medical records from Riverside Hospital, he did review every other record, including the records
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No. 1-14-3132
from Tinley Park Mental Health Center, which, as the trial court noted, was where defendant
served his involuntary commitment. Secondly, Dr. Nadkarni, in addition to reviewing the same
records as Dr. Dinwiddie with the exception of the Riverside Hospital records, actually
interviewed defendant on two occasions, thus providing him with the opportunity to collect all of
the information necessary to form his diagnosis, and there was no suggestion that the sources Dr.
Nadkarni relied upon actually refuted his diagnosis, as there was in Wilhoite. Dr. Nadkarni’s
opinion was also supported by defendant’s extensive mental health history where, as Dr.
Nadkarni noted, no mental health professional had ever diagnosed defendant as having a major
mental illness. We also observe that at the time Wilhoite was decided, defendant was required to
prove her insanity by a preponderance of the evidence. Id. at 19-20 (citing Ill. Rev. Stat. 1987,
ch. 38, ¶ 6-2(e)). Under that standard, defendant had to show only that it was “ ‘more likely than
not that [s]he was insane when [s]he committed the offenses charged.’ ” Id. at 20 (quoting
People v. Moore, 147 Ill. App. 3d 881, 886 (1986)). Here, by contrast, defendant was required to
prove his insanity by “clear and convincing evidence.” 720 ILCS 5/6-2(e) (West 2014). Thus,
Wilhoite’s applicability here is questionable in light of this higher evidentiary burden.
¶ 73 We also observe that the circuit court’s determination of credibility was not affected by
the fact that, during his testimony, Dr. Nadkarni was unable to recall the specific dates defendant
was taking medication while he was at the Cook County jail. Although he was not able to recall
the information on the stand, Dr. Nadkarni testified that he had reviewed the relevant medical
records and had interviewed defendant on two occasions after the incident. Based on his review
of defendant’s mental health history, Dr. Nadkarni concluded that defendant was able to
appreciate the criminality of his conduct at the time of the offense. The circuit court, having the
opportunity to listen to the testimony of both experts and consider the other evidence presented,
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No. 1-14-3132
including the same arguments defendant makes before this court regarding Dr. Dinwiddie’s
testimony, credited Dr. Nadkarni’s testimony regarding defendant’s mental health. As noted, it
was within the province of the trier of fact to weigh the credibility of both experts and determine
the weight to be given to their testimony. McDonald, 329 Ill. App. 3d at 946; West, 231 Ill. App.
3d at 650-51.
¶ 74 a. Defendant’s Flight
¶ 75 Defendant next contends that the court erred in finding that defendant’s flight after the
offense is incontrovertible evidence on his criminal intent. In support of this contention,
defendant relies on Wilhoite, in conjunction with People v. Baker, 253 Ill. App. 3d 15 (1993),
and People v. Kando, 397 Ill. App. 3d 165 (2009). In Baker, four experts testified, each on behalf
of defendant, that he could not appreciate the criminality of his conduct at the time of the
offense. Baker, 253 Ill. App. 3d at 23-26. Nonetheless, the circuit court rejected defendant’s
insanity defense and found him guilty of the charged offense. Id. at 26. On review, this court
recognized the trial court’s authority to reject expert testimony and rely solely on lay testimony,
but this court noted that the trial court did not give any reason for rejecting the expert witness
testimony. Id. at 28. The appellate court observed that it did not find any basis for the trial court
to reject the expert testimony, noting there was not a substantial disagreement among the four
experts with regard to defendant’s mental health and the credibility of the experts was bolstered
by the fact that three of them were employed by the circuit court of Cook County’s psychiatric
institute and examined defendant pursuant to court order. Id. The court also rejected the State’s
argument that defendant’s flight after the crime supported the trial court’s finding. Id. at 31. The
court noted that “[w]hile flight from a crime scene can be indicative of an attempt to prevent
detection, such flight differs significantly from flight which is part of the defendant’s insane
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No. 1-14-3132
delusions or hallucinations.” Id. The court noted that one of the experts testified that defendant
fled because he was in fear for his own life, and the court found that this conclusion was
supported by the undisputed evidence presented at trial as to defendant’s paranoia and persistent
fear of people pursuing him. Id. Thus, the court found that defendant’s flight was consistent with
the diagnoses of the experts that defendant was fleeing due to delusional paranoia after the
offense. Id.
¶ 76 Similarly, in Kando, two experts testified, both on behalf of defendant, that defendant
was insane at the time of the offense and could not appreciate the criminality of his conduct.
Kando, 397 Ill. App. 3d at 176-92. The circuit court rejected the opinions of both experts and
concluded that defendant was not insane at the time of the offense. Id. at 193, 195. On review,
this court recognized the deference accorded to the trial court on the issue of an insanity defense
but noted that, “[w]hile it is within the province of the trial court as the judge of the witness’
credibility to reject or give little weight to *** expert psychiatric testimony, this power is not an
unbridled one (Baker, 253 Ill. App. 3d at 30 ***), and a trial court may not simply draw different
conclusions from the testimony of an otherwise credible and unimpeached expert witness
(People v. Arndt, 86 Ill. App. 3d 744, 750 (1980)).” (Internal quotation marks omitted.) Kando,
397 Ill. App. 3d at 196. The court found that it could find no basis for the trial court to reject the
expert testimony where there was no substantial disagreement among the testifying experts. Id. at
197. The court also rejected the State’s argument that defendant’s flight from the scene
supported a finding that he was sane at the time of the commission of the offense. Id. at 205. The
court noted that defendant did not appear to flee to ward off detection or destroy evidence, but
“[e]veryone agreed that instead of fleeing from the building[,] defendant returned to his
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No. 1-14-3132
apartment in plain and open view, whereupon the arrival of the police, he immediately opened
the door, led the officers to the bloody knife, and admitted to stabbing the victim.” Id.
¶ 77 Both of these cases are distinguishable from the case at bar in several respects. Notably,
in this case there was contradictory expert testimony presented. This was not a case where the
circuit court rejected the unrebutted expert testimony of one party and relied solely on lay
witness testimony as in Kando and Baker. The court’s finding, that defendant’s flight was further
evidence that he could appreciate the criminality of his conduct, was not the basis of its ruling
but rather was another representation of the fact that it accepted Dr. Nadkarni’s testimony over
Dr. Dinwiddie’s, which, as discussed above, is within the trial court’s prerogative. It is clear that
the court credited Dr. Nadkarni’s testimony that defendant’s flight after the shooting, as well as
his attempt to conceal Cardenis’s vehicle in the parking garage, were goal-directed actions and
were not the result of persecutory delusions.
¶ 78 In addition, we do not find Wilhoite comparable to the case at bar where in that case there
was no evidence defendant fled after the offense but the testimony established that defendant was
already in the process of fleeing prior to the crime as part of her delusion. Wilhoite, 228 Ill. App.
3d at 26. Here, by contrast, defendant did not attempt to flee until after the shooting. Moreover,
in rejecting defendant’s insanity defense, the court did not rely solely on the fact that he fled after
the shooting but also based its ruling on the testimony of the police officers and other witnesses
who described defendant’s behavior at the time of the offense, as well as Dr. Nadkarni’s
testimony. Accordingly, we cannot say that the court impermissibly used the fact of defendant’s
flight in rejecting defendant’s insanity defense, as defendant suggests.
¶ 79 b. Dr. Dinwiddie’s Equivocal Testimony
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No. 1-14-3132
¶ 80 Defendant also contends that the circuit court erred in finding Dr. Dinwiddie’s testimony
“equivocal.” Although defendant takes issue with this characterization, the court gave examples
from the trial transcript of portions of Dr. Dinwiddie’s testimony that it found to be equivocal.
Specifically, the court cited responses by Dr. Dinwiddie where he indicated that defendant fled
the scene of the incident, not because he was aware he had committed a crime, but “out of a
sense of self-preservation from delusional grounds.” The court commented that Dr. Dinwiddie’s
responses did not make sense. The court also noted that, with regard to defendant leaving his
white sweatshirt at the El Tunel club, Dr. Dinwiddie testified that “the white coat is very
interesting. Is that an example of somebody who is aware that it’s easily identifiable and tries to
set a false trail? Possibly. It’s also consistent with somebody who is manic, impulsive, giving
things away.” The court noted that this response was typical of the way Dr. Dinwiddie testified
throughout his testimony. The court then reviewed the evidence and determined, contrary to Dr.
Dinwiddie’s opinion, that defendant was acting in a goal-driven manner, as Dr. Nadkarni
testified. Thus, the court did not merely issue a blanket criticism of Dr. Dinwiddie’s testimony,
but provided specific examples that it deemed equivocal. As noted, it was within the province of
the circuit court to judge the credibility of the witnesses and determine the weight to be assigned
to their testimony. West, 231 Ill. App. 3d at 650-51; Gilmore, 273 Ill. App. 3d at 1000. It is not
our function on review to independently reweigh the testimony. Based on the record before us,
we cannot say that the court’s ruling rejecting defendant’s insanity defense was against the
manifest weight of the evidence.
¶ 81 B. Trial Judge Assumed Role of Prosecutor and Judicial Bias
¶ 82 Defendant next contends that the trial judge improperly assumed the role of the
prosecutor in questioning Dr. Dinwiddie. Defendant maintains that the trial judge’s questions
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No. 1-14-3132
went beyond mere clarification of the facts and his examination revealed that he was seeking to
support his own belief that defendant was sane. Defendant also asserts that the trial judge was
biased, as evidenced by his reliance on Dr. Dinwiddie’s responses to his questions in finding his
testimony “equivocal” and in failing to question Dr. Nadkarni in the same manner. Defendant
further contends that the trial judge’s bias was evidenced by the fact that he failed to credit
Mandy’s testimony, interrupted defense counsel during closing argument, and mischaracterized
Dr. Dinwiddie’s testimony regarding bizarre and nonbizarre delusions in issuing his ruling.
¶ 83 1. Forfeiture
¶ 84 Initially, we note that the State contends that defendant has forfeited this issue for review,
where counsel failed to object to the trial court’s questioning of Dr. Dinwiddie at trial and failed
to raise the issue in a posttrial motion. The State is correct that, in order to preserve an issue for
appeal, defendant must both make an objection at trial and raise the specific issue in a posttrial
motion. People v. Woods, 214 Ill. 2d 455, 470 (2005). Omission of either of these steps results in
waiver of the issue. Id. We observe, however, that in his posttrial motion, defendant contended
that the court “conducted a lengthy examination of *** Dr. Dinwiddie, and indicated during the
finding of guilt that the court based their opinion at least in part based on that examination.” This
contention was part of three contentions raised in the motion for a new trial concerning the trial
judge’s bias. Thus, we find that defendant did raise the issue in a posttrial motion. We also note
that defense counsel did not object while the trial judge was questioning Dr. Dinwiddie, but
defense counsel did object during the trial court’s ruling while he was discussing Dr.
Dinwiddie’s response to his questions. Although defendant did not object to the specific
questioning he now challenges on appeal, the supreme court has recognized that the application
of the forfeiture rule is less rigid where the basis for the objection is the trial judge’s conduct.
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No. 1-14-3132
People v. Kliner, 185 Ill. 2d 81, 161 (1998); see also People v. Davis, 378 Ill. App. 3d 1, 10
(2007) (“The reason for relaxing the waiver rule is that the objection would have fallen on deaf
ears.”). Accordingly, we find that defendant did not forfeit this claim of error and we may
consider defendant’s contentions.
¶ 85 2. Role of Prosecutor vs. Bias
¶ 86 Defendant’s claim of judicial bias is, in fact, multifaceted. Defendant first contends that
the trial judge assumed the role of the prosecutor in questioning Dr. Dinwiddie. Defendant also
contends that the trial court was biased against defendant. Defendant points to several instances
in the record that he contends demonstrate the trial court’s bias, such as mischaracterizing Dr.
Dinwiddie’s testimony, ignoring Mandy’s testimony about defendant’s 2009 psychotic episode,
and interrupting defense counsel during closing argument. Although defendant argues the issues
together, they are separate contentions requiring different analyses and different standards of
review. However, given the nature of the contentions, they are necessarily intertwined. We will
first address defendant’s claim that the trial judge improperly assumed the role of the prosecutor
and then address defendant’s claims of judicial bias.
¶ 87 3. Trial Judge’s Questioning of Dr. Dinwiddie
¶ 88 It is well settled that a trial judge has discretion to question a witness “ ‘to elicit the truth
or to bring enlightenment on material issues which seem obscure,’ ” so long as he does so in a
fair and impartial manner. People v. Smith, 299 Ill. App. 3d 1056, 1062 (1998) (quoting People
v. Wesley, 18 Ill. 2d 138, 154-55 (1959)). We also observe that a trial judge does not “ ‘assume
the role of prosecutor merely because [his] questions solicit evidence material to the State’s
case.’ ” Id. (quoting People v. Sutton, 260 Ill. App. 3d 949, 959-60 (1994)). “[I]t is an abuse of
discretion for a trial judge to assume the role of an advocate,” and “[t]he appropriate scope of
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No. 1-14-3132
questioning is determined by the facts and circumstances of the case.” 3 People v. Taylor, 357 Ill.
App. 3d 642, 647 (2005). Where, as here, defendant was tried without a jury, defendant can show
prejudice where the “tenor of the court’s questioning indicates the court has prejudged the
outcome before hearing all of the evidence.” Smith, 299 Ill. App. 3d at 1063.
¶ 89 Here, following Dr. Dinwiddie’s lengthy testimony in defendant’s case-in-chief, the court
asked Dr. Dinwiddie about the “policeman at the elbow test,” which Dr. Dinwiddie mentioned
during cross-examination. Dr. Dinwiddie acknowledged that test was not the law in Illinois. The
court then asked Dr. Dinwiddie about what defendant told him with regard to “the Cardenas [sic]
incident.” The court asked him about the series of events that led up to defendant forcing
Cardenis and his brother-in-law out of the vehicle at gunpoint and asked whether he believed
defendant was suffering from “some psychotic episode when he did all of that.” Dr. Dinwiddie
replied that he did, and the court then asked Dr. Dinwiddie a series of questions about what he
knew about events leading up to the shooting of Officer Aaron Davis and what defendant had
told him about the incident. The court also asked Dr. Dinwiddie a series of questions about
which of defendant’s medical records he had reviewed and asked him if he had also spoken to
Mandy.
¶ 90 The court then asked:
3
We observe that defendant asserts, relying on People v. Stevens, 338 Ill. App. 3d 806, 810
(2003), that in determining whether “a judge overstepped the boundaries of judicial propriety in
questioning a witness,” our review should be de novo. However, this is an inaccurate representation of the
analysis in Stevens. Stevens did not even consider the issue of a trial judge’s questioning of a witness.
Rather, in that case, the trial judge repeatedly interrupted defense counsel during closing argument,
imposed a time limit on defense counsel’s closing argument, and remarked, before defense counsel
completed closing argument, that “ ‘I’m as clear as can be and convinced as can be that the State has
proven [that defendant committed the offense.]’ ” Id. On review, this court determined de novo review
was appropriate where the trial court essentially deprived defendant of his sixth amendment right to the
assistance of counsel. Id. Thus, the situation here bears little similarity to Stevens, and we find de novo
review is not appropriate on this issue.
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No. 1-14-3132
“Q. If a person, if Mr. Romero was trying to flee the scene of the crime to avoid
apprehension after he shot the policeman, and if Mr. Romero did not want to go to the
home of his aunt because he feared he would be apprehended at that location, is that not
an indication that he understood he committed a crime?”
Dr. Dinwiddie replied that it was a consideration but that he would have to consider other
possibilities. Dr. Dinwiddie stressed that it was important to consider that defendant’s behavior
had been characterized by persecutory delusions and fear for his safety and his life. Dr.
Dinwiddie noted that defendant believed the policeman was reaching for his gun before
defendant shot him. Dr. Dinwiddie explained that this was obviously a self-serving statement but
“another possibility is that he delusionally interpreted a perfectly benign act as being a threat.”
Dr. Dinwiddie also acknowledged that defendant’s behavior after the shooting could indicate an
awareness of the wrongfulness of his actions but could also indicate that defendant was acting on
delusional fears for his safety, so that defendant was not fleeing the scene out of a sense of guilt
“but out of a sense of self-preservation from delusional grounds.” Dr. Dinwiddie concluded that
“the best way I can put this together is actually going back a year before the incident and
noticing that he had a classic manifestation of a typical mental illness at that time. And
there’s things that we know about the course of that mental illness, that it relapsed and
there was independent good evidence in my opinion of active mental illness for at least
weeks, several weeks prior to the incidents. And the severity seems, as is typical of the
illness, to have—to have gotten more intense as time went on. So even keeping in mind
that this is a man who is not as respectful of social institutions as we would like, to me
the simplest hypothesis that explains the facts, is that all of this can be—all of these
things, in my opinion, can be subsumed under the heading of mental illness without any
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No. 1-14-3132
particularly special pleadings. I’ve thought about it a lot, and I think that makes the most
clinical sense.”
Finally, the court asked Dr. Dinwiddie if it were possible, as Dr. Dinwiddie had just told the
State’s Attorney, that someone could be in a manic state and still appreciate the criminality of his
acts. Dr. Dinwiddie responded that “yes, absolutely the case is most of the time that is true, even
in mania, absolutely correct.”
¶ 91 Defendant contends that these questions by the trial court went beyond seeking mere
clarification of Dr. Dinwiddie’s testimony and instead demonstrate that the trial judge was
seeking to elicit testimony from Dr. Dinwiddie that was consistent with his belief that defendant
was sane at the time of the offense. Despite defendant’s contentions to the contrary, we fail to
see how the trial judge’s questions indicate that he had prejudged the case. Rather, the trial
judge’s inquiries focused on what defendant had told Dr. Dinwiddie during their interview and
whether Dr. Dinwiddie had reviewed all of the applicable evidence in forming his opinion. The
court also sought to clarify Dr. Dinwiddie’s opinion on defendant’s actions after the shooting.
Although defendant asserts that the trial judge’s questions were “carefully crafted” to refute Dr.
Dinwiddie’s testimony, the record contradicts this contention.
¶ 92 Defendant points to the court’s question asking if Dr. Dinwiddie was aware that
defendant gave his white hooded sweatshirt to someone at the nightclub before the police came.
Dr. Dinwiddie replied that he was not aware of that fact, but defendant contends that this
question “betray[ed] the court’s determination that [defendant] had purposefully given this item
away to avoid police detection.” We believe this is a mischaracterization of the trial judge’s
intentions, given the other questions the trial judge asked Dr. Dinwiddie. Before asking him
about the white sweatshirt, the trial judge asked Dr. Dinwiddie if defendant had told him about
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No. 1-14-3132
stealing the two cars after the shooting. The court asked Dr. Dinwiddie if defendant did those
things so that he could flee the scene, and Dr. Dinwiddie replied that he did. After asking about
the white sweatshirt, the trial judge asked Dr. Dinwiddie what medical records he had reviewed.
Thus, the trial judge’s questions do not suggest that he had prejudged the case but rather
illustrate an attempt “ ‘to elicit the truth or to bring enlightenment on material issues which seem
obscure.’ ” Smith, 299 Ill. App. 3d at 1062. This was a case involving complex psychiatric
testimony, defendant’s long mental health history, and two experts with different opinions. In
such a case, we do not find it improper for the trial judge to ensure that the expert’s opinion was
based on all of the relevant evidence and to seek clarification regarding the expert’s opinion.
Here, the trial judge appeared to be chiefly concerned with Dr. Dinwiddie’s testimony regarding
whether he believed defendant fled the scene due to his delusions or in an attempt to avoid
apprehension by police. The trial judge first ensured that Dr. Dinwiddie’s testimony was based
on a complete consideration of the appropriate evidence and then sought to clarify Dr.
Dinwiddie’s testimony on the issue. Based on the record before us, we cannot say that such
questioning was inappropriate or suggests that the trial court had assumed the role of the
prosecutor and prejudged the case.
¶ 93 Nevertheless, defendant contends that the trial judge also assumed the role of the
prosecutor when he interrupted the State’s cross-examination of Dr. Dinwiddie during surrebuttal
to ask his own questions. In response to one of the State’s Attorney’s questions, Dr. Dinwiddie
testified that defendant believed his phone was being tapped and that “there are cars or
helicopters following him.” The court interrupted to point out that up to this point in the trial, the
court had not heard any testimony about defendant believing his phone was tapped or that he was
being followed by helicopters. The court then asked Dr. Dinwiddie about this testimony.
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No. 1-14-3132
“Q. In the three days that we’ve been going on with this. Did he tell you that he
thought his phone was being tapped?
A. Yes. This was all part of the evaluation. And I mean, it’s kind of conclusory in
the report, but that’s part of the basis for my belief that this stuff is more than simply, you
know, a reasonable fear of somebody who lives the gang life. There’s a lot more that—
this is why I’m—it’s these associated things that make me—
Q. Did he tell you that he thought he was being followed by helicopters?
A. At this point I can’t recall whether he told that directly during the evaluation,
whether that was information elicited by my fellow at that time and discussed, but that
was information that I relied upon in reaching these opinions.”
When the State’s Attorney continued to question Dr. Dinwiddie about defendant’s belief that he
was being followed by helicopters, the court directed the State’s Attorney to continue with the
cross-examination because Dr. Dinwiddie had to leave.
¶ 94 Defendant contends that these questions by the judge displayed hostility to the defense
expert by suggesting that he was trying to hide something from the parties. Based on the record
before us, we find defendant’s claim unpersuasive. Rather than showing hostility as defendant
suggests, the court’s questioning shows that it was surprised by this new information about
defendant coming to light only on defendant’s surrebuttal. At this point in the proceedings,
defendant had two pretrial fitness hearings, where two different experts had testified, Dr.
Dinwiddie and Mandy had testified at length about defendant’s mental health history in
defendant’s case-in-chief, and Dr. Nadkarni had testified as the State’s rebuttal witness. At no
point during the proceedings had any witness mentioned that defendant believed he was being
followed by helicopters or that his phone was being tapped. Although defendant contends that it
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was for the State’s Attorney to cross-examine Dr. Dinwiddie about this testimony, we see no
impropriety in the court’s questioning and find that the court did not abuse its discretion in
questioning Dr. Dinwiddie. Taylor, 357 Ill. App. 3d at 647.
¶ 95 4. Judicial Bias
¶ 96 We next address defendant’s claim that the trial judge displayed bias against him. A trial
judge is presumed to be impartial, and the party challenging the judge’s impartiality bears the
burden of overcoming this presumption. People v Faria, 402 Ill. App. 3d 475, 482 (2010).
“Allegations of judicial bias or prejudice must be viewed in context and should be evaluated in
terms of the trial judge’s specific reaction to the events taking place.” Id. In order to show bias,
defendant must demonstrate that the judge displayed “active personal animosity, hostility, ill
will, or distrust toward the defendant.” People v. Shelton, 401 Ill. App. 3d 564, 583 (2010)
(citing People v. Hooper, 133 Ill. 2d 469, 513 (1989)). We review de novo the question of
whether the trial judge’s conduct requires reversal of the judgment. See People v. McLaurin, 235
Ill. 2d 478, 485 (2009).
¶ 97 a. Dr. Dinwiddie’s Responses
¶ 98 Defendant first contends that the trial judge’s bias is evidenced where he relied on Dr.
Dinwiddie’s responses to his questions in rendering its verdict. We note that there is nothing
improper about the trial judge relying on Dr. Dinwiddie’s responses to his questions in issuing
his ruling. If anything, this suggests that the trial judge had not prejudged the case when he
questioned Dr. Dinwiddie and relied on his responses in determining his ruling. As discussed
above, the trial court’s questioning was not improper, and Dr. Dinwiddie’s responses were part
of the record and were, therefore, proper evidence for the court to consider in rendering its
judgment. As noted, a trial judge does not “ ‘assume the role of prosecutor merely because [his]
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questions solicit evidence material to the State’s case.’ ” Smith, 299 Ill. App. 3d at 1062 (quoting
Sutton, 260 Ill. App. 3d at 959-60). We therefore find no indication of bias in the trial judge’s
ruling.
¶ 99 b. Failure to Question Dr. Nadkarni
¶ 100 Defendant next contends that the court’s failure to question Dr. Nadkarni in the same
manner it had questioned Dr. Dinwiddie was evidence of its bias. We find this argument
unpersuasive. Dr. Nadkarni had previously testified at defendant’s second pretrial fitness
hearing, thus it is not surprising that the court would already be aware of what records Dr.
Nadkarni had reviewed and whether Dr. Nadkarni was familiar with the facts of the case.
Moreover, and perhaps more importantly, as discussed above, in raising an insanity defense, the
burden is on defendant to show by clear and convincing evidence that at the time of the offense
he could not appreciate the criminality of his conduct. Thus, in proving this defense, the
testimony of the defense expert is paramount to defendant’s case. Further, as noted, it is within
the trial judge’s discretion in determining whether to question a witness. Id. We cannot say that
the decision to question one expert but not question another expert represents an abuse of that
discretion. Accordingly, we find that the trial judge’s decision to not question Dr. Nadkarni does
not indicate the trial judge was biased against defendant.
¶ 101 c. Mandy’s Testimony
¶ 102 Defendant next contends that the trial judge’s bias was evidenced by his failure to credit
Mandy’s testimony that, in the weeks leading to defendant’s 2009 involuntary commitment, he
suffered a delusion that she was trying to kill him with their infant son’s urine. We observe that
despite defendant’s contentions that this demonstrates the trial judge’s bias, this argument is
more accurately considered as a challenge to the trial judge’s determination of the credibility of
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No. 1-14-3132
the witnesses and the weight to be given their testimony. It is axiomatic that in a bench trial such
determinations are within the province of the trial judge, as the trier of fact. People v. Sutherland,
223 Ill. 2d 187, 242 (2006). The weight to be given Mandy’s testimony and the reasonable
inferences to be drawn from that testimony were matters for the trial judge, as the trier of fact.
Here, the record shows that the trial judge considered all of the evidence presented, including the
testimony of the witnesses and defendant’s medical records, and ultimately determined that
defendant failed to meet his burden of proving by clear and convincing evidence that he was
unable to appreciate the criminality of his conduct at the time of the offense. Defendant’s
contention that this finding was biased because the trial judge failed to specifically mention
Mandy’s testimony in its ruling is, therefore, unpersuasive.
¶ 103 d. Closing Argument
¶ 104 Defendant next contends that when the trial judge interrupted defense counsel during
closing argument, this demonstrated further evidence of the trial judge’s bias. During closing
argument, defense counsel stated:
“[DEFENSE COUNSEL]: Dr. Dinwiddie has been extremely clear. He is an
expert who’s experienced in certification, peer review, reputation. Those can’t be denied.
Just because Doctor—
THE COURT: I don’t know of any evidence of his reputation, by the way, but go
ahead.
[DEFENSE COUNSEL]: Well, you are aware that he is a professor at
Northwestern University.
THE COURT: I know, but what does—because he’s hired at Northwestern, that’s
not evidence of his reputation. It’s where he works.
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[DEFENSE COUNSEL]: Well, his peer reviewed articles certainly would be as
opposed to Dr. Nadkarni’s zero articles or anything that is peer reviewed by anybody
except just the court. And apparently Dr. Nadkarni didn’t feel like he needed to look at all
the documentation. He didn’t do so. That’s not disputed. It’s not disputed by him.
THE COURT: You’re starting to repeat yourself, [defense counsel]. Do you have
anything else?”
¶ 105 Again, we fail to see how this exchange supports defendant’s claim of judicial bias.
Defendant contends that the trial judge’s remark “belittled” Dr. Dinwiddie. We note that remarks
belittling or demonstrating hostility to defense counsel may prevent the defendant from receiving
a fair trial. People v. Harris, 123 Ill. 2d 113, 137 (1988). However, the fact that a judge displays
displeasure or irritation with an attorney’s behavior is not necessarily evidence of judicial bias
against the defendant or his counsel. People v. Urdiales, 225 Ill. 2d 354, 426 (2007) (citing
People v. Jackson, 205 Ill. 2d 247, 277 (2001)). Here, the judge merely commented that there
had been no evidence of Dr. Dinwiddie’s reputation, i.e., how his peers regard him, and the trial
judge did not find Dr. Dinwiddie’s credentials and place of employment sufficient evidence of
his reputation. We cannot say that these comments by the judge evidenced any bias.
¶ 106 e. The Circuit Court’s Ruling
¶ 107 Finally, defendant contends that the trial court mischaracterized Dr. Dinwiddie’s
testimony in rendering its verdict, which was further evidence of its bias. Specifically, defendant
points to Dr. Dinwiddie’s testimony that an example of a “bizarre delusion” is one where “the
devil is after me or the Martians are going to eat my brains or something.” In rendering its
judgment, the circuit court repeated this testimony on four occasions. With regard to defendant’s
2009 treatment at Riverside Hospital and Tinley Park Mental Health Center, the court found that
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No. 1-14-3132
defendant was becoming increasingly paranoid because he was afraid of retaliation from the
Latin Kings for things that happened while he was a gang member, “[n]ot because of some
delusional thought that the Martians are chasing him and they’re going to eat his brains but the
very real fear that he could at some point be set upon by some very evil men ***.” Later, the
court stated that defendant “told Dr. Dinwiddie he didn’t go to his aunt’s house after he got the
car [after the shooting] because he feared being caught by police. He didn’t fear being caught by
the Martians who were going to eat his brain.”
¶ 108 The court also stated that defendant shot Officer Aaron Davis because he did not want to
be apprehended. “Not because the Martians were coming to eat his brain, not because he was
suffering some persecutory delusion. There were no Latin Kings out there.” Finally, the court
stated that when defendant attempted to steal the van after the shooting: “Was the man in the van
one of the Martians trying to eat his brain or was he—.” At that point, defense counsel
interrupted the court:
“[DEFENSE COUNSEL]: Judge, I would really object to your ruling indicating
the Martians. That was not Dr. Dinwiddie’s testimony. That was an example given and
that was not the argument by the defense.
THE COURT: Okay. I didn’t—
[DEFENSE COUNSEL]: And that’s the fourth time that it’s been brought up in
your ruling.
THE COURT: I didn’t interrupt you but to remind you that you’re starting to
repeat yourself.
[DEFENSE COUNSEL]: As are you, Judge.
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THE COURT: I beg your pardon? I beg your pardon? What are you trying to do
right now? Are you trying to make a record for the Appellate Court by criticizing me?
[DEFENSE COUNSEL]: I think the record is very clear for the Appellate Court,
Judge. I’m not trying to do anything additional.”
The court concluded, with regard to defendant’s attempts to flee the scene of the incident:
“Now did he do these things because he was suffering from some persecutorial
delusion or some other delusion or did he do these things to escape the very serious
problems that he had created for himself? I find that the evidence suggests that all of this
behavior was goal-directed and that was to avoid apprehension ***.”
¶ 109 Defendant contends that these comments show the “trial judge’s conclusion that a person
cannot be psychotic unless he is experiencing a bizarre delusion that he is being chased by brain
eating Martians.” We find that this is a mischaracterization of the court’s ruling.
¶ 110 As defendant correctly points out, Dr. Dinwiddie gave the example of a brain-eating
Martian as a bizarre delusion, a delusion which requires no further “homework” because it is not
based on reality. When questioning Dr. Dinwiddie, the trial judge asked him why defendant
would flee the scene of the incident. Dr. Dinwiddie responded that defendant’s behavior after the
shooting could indicate an awareness of the wrongfulness of his actions but could also indicate
that defendant was acting on delusional fears for his safety, so that defendant was not fleeing the
scene out of a sense of guilt “but out of a sense of self-preservation from delusional grounds.” In
issuing its ruling, the court implicitly rejected Dr. Dinwiddie’s opinion that defendant was
fleeing “out of a sense of self-preservation from delusional grounds” and instead determined, as
Dr. Nadkarni testified, that defendant was aware of the wrongfulness of his actions and was
attempting to avoid apprehension. The trial court did not cite the example of brain-eating
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No. 1-14-3132
Martians to suggest that would be the only circumstance where it would find defendant was
insane at the time of the offense, but to illustrate the court’s determination that defendant fled
because he appreciated the criminality of his conduct and not because he was fearful of some
persecutory delusion, whether bizarre or nonbizarre. As the court noted, when defendant fled
there were no Latin Kings, and there were no brain-eating Martians; defendant’s flight was not
impelled by a delusion. Rather, the court determined that defendant’s actions were best explained
by Dr. Nadkarni’s testimony that his actions were goal-directed and he was fleeing to avoid
apprehension. At base, “a defendant is entitled to a fair trial and not a perfect trial.” Faria, 402
Ill. App. 3d at 482. Although defendant’s trial may not have been perfect, there is nothing in the
record to suggest that it was not fair. Accordingly, we find that defendant has failed to overcome
the presumption that the trial judge was impartial.
¶ 111 C. Mandy’s Testimony of Defendant’s Statements
¶ 112 Finally, defendant contends that the circuit court denied him his constitutional right to
present a defense where it prohibited Mandy from testifying to statements defendant made prior
to the incident and prior to his 2009 psychotic episode. Defendant contends that the court erred
in finding that these statements were hearsay where they were not offered for their truth but were
offered to show defendant’s state of mind. Defendant contends that these statements were
extremely relevant to his defense that he was not able to appreciate the criminality of his conduct
at the time of the offense.
¶ 113 1. Forfeiture and Plain Error
¶ 114 As defendant acknowledges, he has forfeited this issue for review by failing to object at
trial and failing to include this issue in his posttrial motion. Defendant contends that we should
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nonetheless review this issue under the plain error rule. In the alternative, defendant contends
that his counsel was ineffective in failing to preserve the issue for appeal.
¶ 115 The plain error rule allows a reviewing court to consider unpreserved claims of error
regardless of forfeiture. People v. Thompson, 238 Ill. 2d 598, 613 (2010). Plain error applies
when there is a clear or obvious error and the evidence is so closely balanced that the error would
change the outcome of the case or when there is a clear or obvious error that is so serious that it
affected the fairness of defendant’s trial. People v. Piatkowski, 225 Ill. 2d 551, 565 (2007) (citing
People v. Herron, 215 Ill. 2d 167, 186-87 (2005)). Defendant contends that both prongs of the
plain error analysis could apply to our review of this issue. The first consideration in addressing
defendant’s plain error argument is determining whether an error occurred, which requires a
“ ‘ “substantive look” ’ ” at the issue. People v. Hudson, 228 Ill. 2d 181, 191 (2008).
¶ 116 2. Admission of Hearsay Evidence
¶ 117 “Hearsay evidence is an out-of-court statement offered to prove the truth of the matter
asserted, and it is generally inadmissible due to its lack of reliability unless it falls within an
exception to the hearsay rule.” People v. Olinger, 176 Ill. 2d 326, 357 (1997). Defendant
contends that Mandy’s statements fell within one of the exceptions to the rule against hearsay
and the court erred in excluding her testimony. Whether or not to admit evidence is within the
sound discretion of the trial court. People v. Becker, 239 Ill. 2d 215, 234 (2010). We will not
disturb the trial court’s decision on the admission of evidence absent an abuse of that discretion.
People v. Littleton, 2014 IL App (1st) 121950, ¶ 49. “An abuse of discretion will be found only
where the trial court’s ruling is arbitrary, fanciful, or unreasonable, or where no reasonable
person would take the view adopted by the trial court.” Id.
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¶ 118 Defendant contends that, although evidentiary rulings are typically reviewed for abuse of
discretion, where, as here, the court’s ruling is based on an erroneous rule of law, we should
review the issue de novo. Defendant is correct that reviewing courts may review evidentiary
issues de novo where “ ‘a trial court’s exercise of discretion has been frustrated by an erroneous
rule of law.’ ” People v. Caffey, 205 Ill. 2d 52, 89 (2001) (quoting People v. Williams, 188 Ill. 2d
365, 369 (1999)). However, we do not find this to be such a case. There is no indication in the
record that the trial court misapplied a rule of law; it merely sustained the State’s Attorney’s
objections when Mandy began to testify to what defendant said and directed her to testify as to
what happened, not what defendant said. In ruling on evidentiary issues, the trial court must
consider a number of circumstances, such as the reliability of the evidence and prejudice. Id. In
this case, it is clear that trial court exercised its discretion in making these evidentiary rulings;
“i.e., the court based these rulings on the specific circumstances of this case and not on a broadly
applicable rule.” Id. at 89-90. Accordingly, we will review the court’s evidentiary rulings for
abuse of discretion.
¶ 119 3. Mandy’s Excluded Testimony
¶ 120 During Mandy’s testimony, defense counsel asked her about defendant’s behavior in the
hospital after their son was born. Mandy testified that she was unable to move because she
required additional surgeries. She testified that defendant “came into the room with me, he
started saying there were people outside of our room—.” The court then sustained the State’s
objection to that testimony and declared it stricken. Later, defense counsel asked Mandy about
her discharge from the hospital. Mandy testified that defendant “wouldn’t let us go home. He
said that there was people trying to get us.” The State objected to Mandy’s testimony about what
defendant said, and the court struck that testimony as well.
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¶ 121 Mandy then testified about defendant’s condition in June and July 2010.
“Q. Okay, so June to July?
A. There was one time we were in our room he’s looking out the window and he
kept saying that this lady, Sandy, was driving by—
[STATE’S ATTORNEY]: Objection, Judge.
THE COURT: The conversation is stricken.
Q. Okay. He made some comments to you while he was looking out the window?
A. He made comments that there was a lady driving [past]—
[STATE’S ATTORNEY]: Objection.
THE COURT: Sustained.
Q. He made some comments?
A. Yes.
Q. And to your knowledge what he was telling you, was that true?
A. No.”
Defense counsel also asked Mandy about a phone call between her and defendant on the day of
the offense.
“Q. Did [defendant] call you at any point?
A. He had called me that morning actually and told me that he wanted a divorce.
[STATE’S ATTORNEY]: Objection.
THE COURT: Strike what he told her.
Q. You received a phone call, a message from him?
A. He called me that morning.
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No. 1-14-3132
Q. You spoke to him?
A. Yes.
Q. You didn’t have any indication of what was going on?
A. I could tell that he wasn’t right.
Q. Had he acted the way he acted on the phone with you ever previously?
A. He had been, he had been—how would I say it? I could tell he was completely
off his meds. The rambling, the accusing me of things. I was supposedly having an affair.
Just—It was not a pleasant conversation and it was basically good-bye.”
¶ 122 Defendant contends that these rulings by the circuit court would have shown defendant’s
state of mind during the 2009 psychotic episode and in the months preceding the 2010 incident.
Defendant contends that through Mandy’s testimony, he was trying to show his “diseased
thought process” at the time of a psychotic episode. Defendant contends that these statements
were not hearsay because they would have shown defendant’s state of mind and were not offered
for the truth of the matter asserted and that the court erred in excluding them. Defendant
contends that these rulings prevented him from adequately presenting his insanity defense.
¶ 123 Here, it is clear that the court was willing to permit Mandy to testify regarding
defendant’s actions and appearance but was precluding her from testifying as to his statements.
Defendant contends that this prevented him from introducing vital evidence that would have
bolstered his insanity defense by showing his state of mind during a psychotic episode, but the
court’s rulings did not seem to prevent defendant from introducing this evidence; it merely
prevented Mandy from testifying regarding defendant’s statements. As discussed, the circuit
court has wide latitude in determining whether to admit evidence. See Becker, 239 Ill. 2d at 234;
Littleton, 2014 IL App (1st) 121950, ¶ 49.
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¶ 124 Moreover, the record shows that defendant was not prevented from presenting evidence
of his state of mind even though these statements were excluded. The court permitted Mandy to
testify extensively about defendant’s behavior after the birth of their son and about defendant’s
condition during his treatment at the Helen Wheeler Center. The court also permitted Mandy to
testify that, prior to defendant’s 2009 involuntary commitment, he was rambling and paranoid
and, prior to the 2010 incident, he called her and she could tell he was not taking his medication
because he was rambling and accusing her of things that were not true. The court properly
admitted this evidence while it excluded the largely irrelevant statements that defendant asked
Mandy for a divorce, that defendant thought somebody named Sandy was driving down the
street, and that he thought people trying to get them. “ ‘A trial court may reject offered evidence
on grounds of irrelevancy if it has little probative value due to its remoteness, uncertainty or its
possibly unfair prejudicial nature.’ ” People v. Enis, 139 Ill. 2d 264, 281 (1990) (quoting People
v. Ward, 101 Ill. 2d 443, 455 (1984)). Defendant was also permitted to present evidence of his
state of mind through the testimony of Dr. Dinwiddie, who had interviewed defendant and
Mandy, and through the doctors’ testimony regarding defendant’s medical records and medical
history, all of which showed his state of mind prior to his 2009 involuntary commitment and
prior to the incident. Accordingly, we cannot say that the trial court abused its discretion in
sustaining the State’s objections to Mandy’s testimony of defendant’s statements.
¶ 125 Nonetheless, defendant asserts that the trial court contradicted itself in a ruling, first
allowing Mandy to testify about defendant’s statement and then later reversing itself. Defendant
points to a portion of Mandy’s testimony where defense counsel asked her about defendant’s
reaction to their infant son urinating in the bed in September 2009.
“Q. What happened?
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A. My son urinated on the bed and my husband was upset and thought I was
trying to kill him with our son’s urine.
[STATE’S ATTORNEY]: Objection, Judge.
THE COURT: I’m going to allow it to stand.”
Defendant contends that this ruling contradicted a subsequent ruling of the court where defense
counsel asked Mandy:
“Q. And did he have a response to you washing the sheets with his worksheets
[sic]?
A. Yes. He came down, took everything out of the washer, threw it on the floor
sopping wet, then ran outside in his boxers and boots, work boots and looked around, was
looking in the bushes and telling me that there was somebody outside and that I was
trying to kill him with the urine—
[STATE’S ATTORNEY]: Objection.
THE COURT: Don’t talk about what he said, just what he did.”
¶ 126 Contrary to defendant’s contentions, this ruling shows the court’s consistent decision to
allow Mandy to testify as to what defendant did and how he acted but to prevent her from
testifying to statements he made. As discussed, such a decision was within the discretion of the
circuit court, and we find that the circuit court did not abuse its discretion in precluding this
testimony.
¶ 127 Finally, we find defendant’s reliance on People v. Vanda, 111 Ill. App. 3d 551 (1982)
unpersuasive. In Vanda, defendant Vanda was found guilty of murder, and the sole issue at trial
was whether defendant should be found not guilty by reason of insanity. Id. at 555. At trial,
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No. 1-14-3132
defendant sought to introduce letters he had written to his parents and to the attorneys who had
represented him on a prior murder charge. Id. The letters “contained defendant’s false
representations that he was acting in authoritative positions within the prison, such as helping the
superintendent run the jail or serving as a fireman and being injured while putting out fires at the
jail.” Id. at 555-56. The trial court refused to allow the letters into evidence, finding that they
were inadmissible hearsay and “ ‘self-serving.’ ” Id. at 556.
¶ 128 On appeal, this court reversed the circuit court’s ruling, finding that the letters were
relevant to defendant’s insanity defense and were not hearsay statements because the letters were
not offered to prove the truth of their contents. Id. at 556-57. The court also found that the letters
should not have been excluded merely because they were “ ‘self-serving.’ ” Id. at 558. We find
the unique factual circumstances present in Vanda distinguishable from the case at bar.
¶ 129 In Vanda, the letters offered were the only evidence defendant presented to show his
mental state at the time the letters were written. 4 In contrast, here, defendant was allowed to
present Mandy’s extensive testimony regarding defendant’s actions prior to the offense, Dr.
Dinwiddie’s testimony regarding his interviews with defendant and Mandy and his review of
defendant’s medical records, and the doctors’ testimony regarding defendant’s medical history,
which detailed his state of mind at the time of his treatment. The only evidence the court
precluded defendant from presenting was Mandy’s testimony of defendant’s specific statements
that he made to her at the time.
¶ 130 The situation here was thus unlike Vanda, where defendant in that case was prevented
from introducing the only evidence of his state of mind at the time he wrote the letters at issue.
4
As the court noted, in most instances, defendant offered the actual letters into evidence, but he
also sought to have his mother testify regarding the contents of letters he had written to her that had been
destroyed. Vanda, 111 Ill. App. 3d at 556.
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Accordingly, we cannot say that the trial court abused its discretion in excluding the proposed
testimony. We thus find no error warranting plain error review and honor defendant’s forfeiture
of this issue. See People v. Johnson, 238 Ill. 2d 478, 491 (2010). We likewise find defendant’s
claim of ineffective assistance of counsel unavailing. “[I]f the ineffective-assistance claim can be
disposed of on the ground that the defendant did not suffer prejudice, a court need not decide
whether counsel’s performance was constitutionally deficient.” People v. Evans, 186 Ill. 2d 83,
94 (1999). Prejudice occurs where defendant demonstrates a reasonable probability that, but for
counsel’s deficient performance, the outcome of the proceedings would have been different.
People v. Richardson, 189 Ill. 2d 401, 411 (2000). As discussed, we find that the trial court did
not err in excluding Mandy’s testimony, and we therefore find no prejudice as a result of defense
counsel’s alleged deficient performance.
¶ 131 III. CONCLUSION
¶ 132 For the reasons stated, we affirm the judgment of the circuit court of Cook County.
¶ 133 Affirmed.
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