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Keywords

defendanttrialpleadiscriminationdue processplea bargainjury instructions
defendanthearingtrialpleamotionprosecutorplea bargain

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People v. Pasch, 152 Ill.2d 133, 604 N.E.2d 294, 178 Ill.Dec. 38

Facts

Defendant John Pasch shot and killed his landlord, Leslie Shearer, and a police officer, Richard Clark, during a standoff that lasted approximately 36 hours. After the initial shooting, Pasch took Jean Wiwatowski hostage in her apartment. During the standoff, police negotiators communicated with Pasch, and he was ultimately arrested after agreeing to surrender. At trial, Pasch raised an insanity defense, claiming he was suffering from severe mental illness at the time of the shootings.

The facts of this case are as follows. Defendant was visited by his landlord, Leslie Shearer. During the visit, defendant had a heated conversation with Shearer, then chased him into the yard and shot him several times, killing him. Immediately thereafter, defendant ran next door and struggled with an older woman, Mary Wagner, on the porch of an apartment building that she shared with her sister, Jean Wiwatowski. Wagner was able to escape, but then defendant ran into her apartment carrying weapons.

Issue

The main legal issues included whether the trial court erred in not enforcing alleged promises made during hostage negotiations, whether the jury instructions regarding insanity and guilty but mentally ill (GBMI) violated due process, and whether the defendant's right to an impartial jury was violated.

Concerning pretrial procedures, defendant raises as issues whether: (1) the trial court erred in not granting a hearing to determine if promises to defendant, made during the negotiations leading up to his surrender, should be specifically enforced; (2) a Batson hearing is required, as the State peremptorily challenged the only Hispanic venireperson; and (3) defendant's right to an impartial jury had been violated when the trial court refused to excuse for cause three jurors.

Rule

The court applied legal principles regarding the enforceability of promises made during negotiations, the standards for jury instructions on insanity, and the requirements for establishing a prima facie case of racial discrimination in jury selection.

It is clear that defendant did not enter into a plea bargain with the State when the police promised him that they would not seek the death penalty if he would surrender. Defendant never said during the negotiations that he would plead guilty to the charges, and the prosecutor never accepted a plea in exchange for a lesser sentence than death, nor did defendant ever actually plead guilty to the charges against him.

Analysis

The court found that the promises made during the hostage negotiations were unenforceable as they were made under duress and did not constitute a plea bargain. The court also determined that the jury instructions did not violate due process, as the jurors were capable of understanding the differing burdens of proof. Additionally, the court ruled that the defendant failed to establish a prima facie case of racial discrimination regarding the exclusion of a Hispanic juror.

Here, there was clearly no abuse of discretion in denying defendant an evidentiary hearing where the trial court found as a matter of law that he was not entitled to one. The court specifically found that sufficient evidence of the promises made to defendant had been presented through various defense and prosecution motions. Moreover, the State never contested the existence of promises, only that whatever promises were made were unenforceable (for the reasons previously discussed).

Conclusion

The Supreme Court affirmed the convictions for murder and upheld the death sentence, while reversing the aggravated kidnapping conviction. The court concluded that the evidence supported the jury's findings and that the trial court did not err in its rulings.

Convictions affirmed in part and reversed in part, death sentence affirmed.

Who won?

The State prevailed in the case, as the Supreme Court affirmed the convictions and the death sentence, finding that the trial court's decisions were supported by the evidence and legal standards.

Defendant, John Pasch, was charged with two counts of murder and one count of aggravated kidnapping in Cook County.

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