However, he had confused thinking which "resembles to a large extent people who would be classified as schizophrenic * * *." In addition, materials were submitted by the Chicago Sun-Times, the Chicago Tribune, Paddock Publications, and publishers from Winnebago, Champaign, Sangamon, and Peoria counties. Netflixs Conversations With a Killer: The John Wayne Gacy Tapes is a docuseries that focuses on the Killer Clowns crimes and the ensuing trial. Jeffrey Rignall (August 21, 1951December 24, 2000) was an American author who survived an attack by serial killer John Wayne Gacy. On redirect examination Dr. Traisman stated that because of defendant's paranoid schizophrenia, he had a minimal amount of control over his actions and that his disease "is related to the acting out and loss of control * * *.". She stated that defendant had a memory like an elephant and would be surprised if defendant ever forgot a face or a name. After a bit of conversation, Gacy invited the young man to join him back at his home in the Chicago suburbs. The judge to whom the complaint is submitted *22 must make a judgment whether probable cause existed, and the information furnished him "must provide the affiant's answer to the magistrate's hypothetical question, `What makes you think that the defendant committed the offense charged?'" Third, "human interest" stories focused on an individual's involvement in the case rather than the actual facts of the case. He stated that the purpose of DSM III is to allow psychiatrists to understand each other. Defendant told Donnelly that he had killed girls before, but that he had stopped doing this, because he found killing "guys" to be more interesting. Although no objections were made at trial to the admission of these confessions, defendant argues that the plain error rule should be invoked or, alternatively, that the failure to object is evidence of the incompetency of counsel. Attorney General Jeff Sessions said he has no knowledge of alleged collusions between President Trump's campaign and Russia during . He then forced Donnelly's head into the bathtub, which was filled with water, and held it there until Donnelly passed out. Dr. A. Arthur Hartman, a clinical psychologist, was called to examine defendant by Dr. Robert Reifman, a psychiatrist, at the inception of the case due to the seriousness of the charges. We find here no reason to invoke the plain error doctrine. In many instances, defendant had no other questions to ask of the jurors. It was in the Cook County Criminal Courts Building in Chicago, Illinois and the Jury consisted of five women and seven men. R.E. Appellate counsel concedes, apparently, that defense attorneys were permitted to bring out "during cross-examination those statements made by Gacy to the State experts which tend to contradict or rebut their conclusions." Antonucci stated that after defendant had been handcuffed he continued to speak to him in a rational manner. After luring Jeff Rignall into his car with an offer to smoke marijuana, Gacy subdues the 26-year-old with a chloroform-soaked rag, tortures and . More at IMDbPro Contact Info: View agent, publicist, legal on IMDbPro. And let me echo those words about the importance [] Defendant appeared very relaxed. Dr. Reifman diagnosed defendant as having a personality disorder narcissistic type. After Jeffreys attack and before Johns eventual arrest in December 1978, he had killed four more people. Defendant, in his brief, examines at length both the expert and lay testimony concerning defendant's insanity defense and concludes that because all the defense experts arrived at consistent diagnoses, and the People's experts did not, the People failed to meet their burden. At that point, John came by in his car and offered him a ride and some marijuana. Dr. Helen Morrison, a psychiatrist, diagnosed defendant as having a mixed psychosis or an atypical psychosis. Defendant admitted that he was bisexual, that he was not a big drinker, and that he never "went crazy" when using drugs or alcohol, or both. Defendant told Finder that he usually killed his victims for one of two reasons: because the victim demanded more money than originally agreed upon or because they posed a threat to him by exposing his sexual preferences to his neighbors. In People v. Brownell (1980), 79 Ill. 2d 508, 528-36, we considered whether the sentencing standards of our death penalty statute are vague, and found them to be sufficiently specific. We are not concerned, as was the court in Aguilar, with the reliability of an unnamed informant because it is readily apparent from the affidavit from whom the hearsay information contained in the complaint was obtained. In certain of the instances cited by defendant, further questioning was unnecessary because those jurors were excused for cause. He believed that John was not legally sane when the attack happened because of the beastly and animalistic attack. *105 Defendant also argues that the death penalty statute is unconstitutional for failing to require that the jury specify whether it has found mitigating factors to be present. Defendant's sister stated that she once found silk underpants in defendant's bed, and that when she was five or six years old, defendant had taken his mother's underwear and put it underneath the porch. He testified that defendant once asked him if he would engage in homosexual activity if it "meant his job." John Wayne Gacy. In People v. Cravens (1941), 375 Ill. 495, the trial court was given information after a trial that one of the jurors, who had become foreman of the jury, knew the defendant previously and had already concluded that he was guilty. The defense called two other psychiatrists. Defendant argues that the evidence obtained as a result of the searches executed pursuant to the final three warrants must be suppressed as fruits of the prior illegal searches. Feb 4, 2022 LilithLee. The People also note that defendant, in his confessions to the police, asserted "that all of the victims had been homosexual, bisexual, and that all had come to Gacy's house expecting to be paid for sex," that "all of the victims were hustlers, mostly from Bughouse Square," that "he never bothered straight people," that "the victims had killed themselves because they had sold their bodies for $20," and that "his victims were all male prostitutes." Second, defendant argues that the assistant State's Attorney improperly discredited Dr. Freedman's testimony by exaggerating the significance of DSM III and intentionally misrepresenting "the doctor's testimony regarding his diagnosis in relation to the manual." We have rejected this contention (People v. Brownell (1980), 79 Ill. 2d 508, 541-44) and will not reconsider it here. 1.02 (1968)) and on the insanity defense (IPI Criminal No. It has been recognized that the effect of prejudicial or inflammatory evidence depends upon the circumstances of the case. After Gacy's arrest, Rignall's assault charge against him was widely covered in the press. jeffrey rignall testimony transcript. Defense counsel stated: "We have four psychiatrists who will testify in court * * *," and then listed them. We are of the opinion that the instruction was properly refused. This time he was charged with murdering 33 men and boys. Jeffrey Rignall (August 21, 1951 - December 24, 2000) was an American author who survived a 1978 attack by serial killer John Wayne Gacy. Gacy most likely knew that Rignall wouldn't be believed by the police (which he wasn't for a very long time). He expressed the opinion that defendant was suffering from pervasive narcissism, with an obsessive compulsive quality, an antisocial quality, and a hypomaniac quality, all of which were components of his mixed personality disorder. He diagnosed defendant as having an antisocial personality. Humans are made of perfectly edible meat. Once inside, Gacy tortured the young man, tying him up and repeatedly beating, raping, and chloroforming him. Jeffrey Rignall was an American author who escaped serial killer John Wayne Gacy's attack in 1978. The People's experts all testified that defendant was suffering only from a personality defect, that he was never psychotic, and that he was legally responsible for his criminal acts under the Illinois standard. The testimony shows that on the evening of December 11, 1978, Robert Piest, a 15-year-old boy, worked at the Nisson Pharmacy in Des Plaines. Defendant raises 14 issues concerning the presentation of his insanity defense to the jury. When they returned, the father came home, ate dinner, and acted as if nothing happened. Consequently, it was inevitable that news coverage would be significant in any part of the country. 674, 678-79, 54 S. Ct. 330, 332-33.) The two Chicago newspapers carried many of these first two types of articles when the story first broke, but discontinued them a week to a month later. John Wayne Gacy's murder trial began on February 6, 1980. On cross-examination, Dr. Freedman stated that he had given such an opinion in the Simon Peter Nelson case. The assistant State's Attorney stressed that the confessions of defendant, as corroborated by physical evidence and the testimony of other witnesses, would show that defendant committed the murders because the victims were "an inconvenience to him" and that the murders were the results of premeditated and rational acts. Rignall lost consciousness several more times, and when he regained consciousness defendant shoved an unidentified object into Rignall's rectum. It is a guess." Back then, Jeffrey initially couldnt identify John because he didnt know his name. Defendant also complains that the People improperly bolstered Dr. Cavanaugh's testimony. "[1] He began treatment for the mental health concerns and was placed on tranquillizers and sleeping drugs. Defendant also argues that failure to instruct the jury that defendant's statements to the People's experts could be used only with regard to the issue of sanity deprived him of a fair sentencing hearing, because many of the statements could be used as factors in aggravation. Oxygen Insider is your all-access pass to never-before-seen content, free digital evidence kits, and much more. Defendant points out that the clothing worn by the 140-pound Piest would be different in size than that worn by a 195-pound man. While we agree that the questions asked of the later jurors allowed for shorter responses, we do not find in the record any questions tendered by defense counsel that might have elicited a more thorough response. Mr. Defendant concludes that *24 "[w]ithout more specific information regarding time, a reasonable person could not have concluded that evidence of the alleged offense was presently on the premises to be searched." Defendant admitted to some 1,500 homosexual relationships. Defendant next contends that his trial counsel was incompetent since he failed to present other mitigating evidence. Defendant asserts that "virtually all of the expert witnesses for both sides support the proposition that defendant was acting under an `extreme mental or emotional disturbance,'" a statutory mitigating factor. VI, sec. Defendant told her: "Mom, don't send me to the psychiatric ward. When Donnelly regained consciousness, defendant removed the gag from Donnelly's mouth and Donnelly told him that if he was going to kill him, to just do it and get it over with. We disagree. Dr. Freedman opined that defendant had neurotic and psychosomatic illnesses from early childhood, and that the shift from a serious neurosis to the beginnings of a psychosis probably occurred about the time of Christmas of 1969 when he was incarcerated at Anamosa for sodomy, and his father died and defendant was unable to go to his father's funeral. Later, at a side bar, the court asked Dr. Rappaport if he had attempted to contact the news media in any way. Lawrence Finder, an assistant State's Attorney, testified that defendant was emphatic about the fact that there were no bodies buried underneath his driveway. For the reasons stated, the judgment of the circuit court of Cook County is affirmed. Donnelly passed out. The two men tried to get the charges bumped up but Wilder claims that the states attorney dismissed them, using homophobic profanity. Defense counsel filed an amended supplemental motion with a "proposal for venue survey" as an appendix. Defendant argues that any other interpretation would make the phrase "premeditated acts" meaningless and superfluous. The items to be seized were "Light blue down jacket and hood, tan colored Levi Pants Brown wedge type suede shoes lace type Brown leather wallet Levi T-Shirt, along with hair samples, blood stained clothing and dried blood samples * * *." This right is not without limits (see Press-Enterprise Co. v. Superior Court (1984), 464 U.S. 501, 78 L. Ed. She testified that the basement was locked and the children were never permitted to go down there unless accompanied by a parent. The sudden disappearance of 15-year-old Rob Piest in December 1978 eventually led to the arrest of John Wayne Gacy. While defendant has a fundamental right to be present at any critical stage of the proceedings against him, he does not have an absolute right to be present also at the argument of motions subsequent to verdict. 2d 684, 688, 85 S. Ct. 741, 745]; and that their determination of probable cause should be paid great deference by reviewing courts, Jones v. United States [(1960), 362 U.S. 257, 270-71, 4 L. Ed. William Kunkle, retired Judge of the Circuit Court of Cook County describes his story at the time as vague, saying Rignall didnt know where the house was or what it looked like, so it was a very minimalist police report and nothing transpired.. We find no error in the seizure of the photo-finishing receipt or the high school ring. Defendant complains of the questioning of Mrs. Loudenback, a prospective juror, but the record shows that after she was questioned by the court, the court inquired if there were further questions and defense counsel replied that he had "no more questions." Defendant then grabbed Rignall's head and shoved his penis into Rignall's mouth, shouting: "You love it, you love it," with a tone of voice used by a drill instructor. Defendant next complains that the jury was improperly instructed before its deliberations in the death penalty hearing when the court misstated one of the instructions *99 as follows: The instruction as tendered to the jury in written form, read: Not only was the jury given the correct version in the written instruction, but the verdict form also gave the correct version of the law, as did oral instructions before argument on the death sentence, and in another portion of the oral instructions to the jury before their deliberations. forfeit ideas for couples. Many witnesses indicated that the only reason defendant was involved in charitable or political work was in order to manipulate others or gain advantage for himself. Defendant cites United States ex rel. John Wayne Gacy Survivor: How Did Jeffrey Rignall Escape? Jeffrey D. Rignall (d. 2000) was an American memoirist who wrote 29 Below about surviving a 1978 attack by serial killer John Wayne Gacy and his subsequent search to find his attacker. 2023 Cinemaholic Inc. All rights reserved. The sentences were stayed (87 Ill.2d R. 609(a)) pending appeal to this court (Ill. Const. [7] He was fastened to a torture device consisting of a wooden board laced with chains pinning Rignall's limbs. The record shows that the defense attorneys were sufficiently able to distinguish between the defense of insanity and the mitigating factor of extreme mental or emotional disturbance. The prosecution presented their own expert testimony about Gacy's mental state. Defendant, Freedman explained, was at a very low point in his life, as he was a failure as his father had always predicted, and he would no longer be able to redeem himself. Defendant threatened Donnelly with a gun and told him to get into the car. As indicated above, at opening argument defense counsel stated that four psychiatrists would testify for the defense. I agree that the convictions of murder should be affirmed in this case. Defects in a presentence investigation report may be waived (People v. Godinez (1982), 91 Ill. 2d 47, 56-57; People v. Meeks (1980), 81 Ill. 2d 524, 533-34), and no objection was raised when the court proceeded to immediate sentencing on all the charges. How Did. (Ill. Rev. Thus, none of the written instructions were incorrect, but a discrepancy existed in the oral instructions. On the stand, Rignall described a cold feeling and buzzing sound in his head before he lost consciousness. Jeffrey Rignall was visiting Chicago from Louisville, Kentucky, in March 1978. April 20, 2022. He stated that this test was relatively new and not currently in widespread use, but that reliability studies showed that experts agreed on their diagnoses of the same patient 88% of the time. In that instance, defendant requested that the court ask a prospective juror "what he remembers out of the newspapers *31 * * * what he remembers specifically out of the newspapers and radio." We hold that the evidence of the smell of decaying flesh in defendant's home, discovery of a film receipt purportedly on the victim's person at the time he disappeared, and the reiterated facts contained in the first warrant, taken together, provide a sufficient basis for the circuit court to refuse to suppress the evidence seized as a result of the execution *28 of that warrant. Defense counsel asked if he actually witnessed this, and Dr. Freedman replied: "I have, the tape which I have played to many experts, and no one doubts * * *." Defendant also contends that the unlimited introduction *104 and consideration of nonstatutory aggravating factors renders the death penalty statute unconstitutional. Additionally, a cautionary instruction was immediately given and the jury was instructed to disregard the entire line of questions. While there may be instances where such evidence is relevant, we fail to see its relevance here. Jeffrey Epstein Transcript and Exhibits. Stat. Testimony submitted for Hearing on Proposed Amendments to the Federal Rules of Civil Procedure (pdf) Washington, DC - November 3, 2016. Thus, when an article appeared with a headline reading "A killer goes free, how can it happen?" Because we have already determined that the prior searches were not illegal, this argument must fail. ^_^ !!! Jeffrey D Rignall was born on month day 1951. Jeffrey later testified, It had a cold feeling, and I had a buzzing bee in my head, and I went unconscious. He then remembered being carried into a house; it was Johns residence in Norwood Park, Illinois. Rignall's testimony during Gacy's trial helped to secure the latter's conviction and death sentence. The fact that this was the only test given which related to nonorganic brain damage and that Dr. Garron did not examine defendant for the purpose of diagnosing nonorganic brain disorders affects the weight, not the admissibility, of his testimony. Nov. 22, 2021 Downloads. Dr. Cavanaugh stated that this indicated a degree of sophistication, and *66 that defendant insisted that the experts had to play the game by his rules. Defendant argues too that no distinguishing characteristics concerning the wallet to be seized were described in the warrant. This memorial website was created in memory of Jeffrey D Rignall, 49, born on August 21, 1951 and passed away on December 24, 2000. In rebuttal, the State presented witnesses who testified to homosexual attacks and encounters with defendant while he was living in Iowa. Defendant argues that the assistant State's Attorney misstated the test for insanity when he stated: "But because he is abnormal doesn't mean that he doesn't know the difference between right and wrong. pdf epstein-deposition-and-exhibits.pdf (9.02 MB) Modified: July 21, 2022 STAY CONNECTED 1 Twitter 2 Facebook 3 RSS 4 YouTube 6 LinkedIn 8 Email Updates. Defendant's mother was conscientious concerning defendant's education, and was supportive of defendant in his childhood and even in his adult life when defendant returned to Chicago. The circuit court emphasized the emotional connection that the inhabitants of Cook County had with this case because of the type of publicity, e.g., human interest stories and community interest stories, combined with the "particular community interest" in determining that the prejudicial impact of news reports required a change of venue. We find that the complaint, when viewed as a whole, is sufficient, and the circuit court correctly refused to suppress the evidence seized as the result of the warrant's execution. While Dr. Ney indicated that people in Illinois might relate to the crime to some degree because of the jurisdictional boundaries of Illinois, more so than, say, a citizen of Montana, it must be kept in mind that the case had to be tried in some community in the State of Illinois. Defendant argues that such a stipulation was the functional equivalent of a guilty plea and defendant should have been personally addressed to ascertain his understanding of the stipulation and its consequences. The first factor was sheer volume. When an investigator showed Garavito this picture on a newspaper about him that read "Beast kills 192 children", he merely expressed annoyance with how disheveled he looked. Citing People v. Brownell (1980), 79 Ill. 2d 508, the People argue that the decision at sentencing in a capital case is a balancing process in which the seriousness of the crime must be weighed against whatever mitigating factors exist. The assistant State's Attorney stated that he had the name of an "interviewer" who was told by Dr. Rappaport that he was available for an interview, but would not disclose the name unless instructed by the court to do so. [1] While walking to a local gay bar in Rosemont, Illinois on March 21, 1978, [2] [3] 26-year-old Rignall encountered Gacy, who lured Rignall into his car by offering him a ride and to smoke a joint with him. Here, the circuit court interrogated each juror individually as to the publicity issue, and asked detailed questions concerning the jurors' sources of information. We conclude that these three alleged errors, in a transcript containing more than 5,500 pages, could not have deprived defendant of a fair trial. In reviewing the sufficiency of the complaint we are guided by the Supreme Court's statement in Spinelli v. United States (1969), 393 U.S. 410, 21 L. Ed. Although amici *110 assert that "there is virtually no serious study that indicates the death penalty is a deterrent above and beyond imprisonment * * *," the People cite recent studies which reach the opposite conclusion. 38, par. We cannot say that the circuit court abused its discretion by proceeding in this manner. It had been expected that Rignall would testify as a prosecution witness, but for tactical reasons . March 21, 1978 (aged 15) Norwood Park Township, Illinois, United States. As noted by the People, placing a greater burden on the jurors may have angered them, and the defendant might well have been the most likely target for their anger. There was no error in limiting defendant to 20 peremptory challenges. He ruled out the possibility of 33 brief psychotic episodes because, "in each instance that I am aware of, at no time was Mr. Gacy out of touch with reality." Rejecting an argument that certain photographs were prejudicial and inflammatory, this court stated: In this case, the evidence which might create revulsion in the jurors toward defendant included the sadistic torture of Rignall and Donnelly, his record-breaking number of murders, his homosexual assault on some of the victims before their murders, and other facts too numerous to mention. He diagnosed defendant as having borderline schizophrenia or borderline personality. Defendant then chloroformed him again. As in the prior argument where defendant contends that psychiatric testimony could have been repeated at the sentencing hearing, trial counsel may also have made the tactical choice not to repeat the suggested mitigating evidence of such matters as his family relationships and civic work which were already presented at trial. Dr. Richard Rappaport, a psychiatrist, testified that defendant was "borderline" with the psychosexual disorders of fetishism, homosexuality, sexual sadism, and necrophilia. What Happened to Jeffrey Rignall? We note first that defendant did not exhaust the peremptory challenges that he was given. Defendant contends that it was improper for the assistant State's Attorney to impugn the integrity of Dr. Morrison by commenting that she had the "nerve" to submit a bill for $9,000. Defendant held Donnelly's head under water again until he passed out, and when he regained consciousness he repeated this *62 procedure once more. When police refused to cooperate, Jeff embarked on a four-month investigation on his own. Since the difference between fitness for trial and sanity was clearly and repeatedly explained to the jury, we do not believe that the jury was confused by the introduction of this testimony and the error was harmless. Defendant next argues that his fourteenth amendment right to due process was violated because Dr. Cavanaugh testified that if defendant were acquitted it would be impossible to guarantee that he could be confined to a hospital for the rest of his life. Defendant contends that he had insufficient information to determine whether Winnebago County had been unduly influenced by prejudicial publicity and that this constitutes reversible error. Defendant placed handcuffs on Piest, and then attempted to perform oral sex on him, but could not since Piest could not get an erection. The question specifically asked if Dr. Hartman had diagnosed anyone in the last 28 years as "borderline." This contention is difficult to accept in light of defense counsel's statement in opening argument that the insanity defense "is the only defense that we could use here," the defense experts' admission that defendant had committed the acts, and the lack of any evidence in the record which would tend to dispute the charge that defendant had committed the murders. The body was too badly decomposed to determine the cause of death with reasonable certainty, and the doctor performing the autopsy stated that he was unable to determine whether O'Rourke was dead when placed in the water. While Dr. Rappaport was precluded from testifying concerning defendant's description, while under the influence of this drug, of his early life he testified that defendant had not told him any "new memories" that he had not told "in his waking state," but that he had described events in greater detail. 1 / 3. Defendant complains that the questions concerning the death penalty, as they were reframed after the interrogation of the first 15 jurors, made it much less likely that a prospective juror would reveal that he strongly favored the imposition of the death penalty. While such articles purportedly dealt with legal issues, they were loaded *40 with emotional terms and tended to bias the reader towards the view point of the writer. From the fact that the jury in that case had found Nelson guilty but advised against capital punishment because of defendant's emotional state, the jury in this case would no doubt infer that the jury in that case believed that Dr. Freedman's observation of the psychotic episode was indeed correct. The only case cited by defendant in his brief in support of his contention is People v. Speck (1968), 41 Ill. 2d 177. As the People point out, with or without the convictions, the jury still would have been exposed to defendant's confession which detailed the assault on Piest. Rignall identified as bisexual and lived with his girlfriend and a male, described by Rignall's attorney You already receive all suggested Justia Opinion Summary Newsletters. The People contend that the Supreme Court has already rejected amici's argument: Because we are of the opinion that they are not presented to the proper forum, we do not address the merits of amici's arguments. Rignall approached Amirante and gave his testimony for the other side. Defendant's argument, however, concerns the persuasiveness of the assistant State's Attorney's argument, not its impropriety. Defendant asserts that defense counsel were required to bring out defendant's statements in cross-examination *73 of the People's experts because they "had to keep in mind that the judge had repeatedly ruled that the State experts could refer to statements made by the defendant to justify their conclusions." Michel Ried testified that he was a homosexual and met defendant in "New Town." So, lets find out what happened then, shall we? At that time he was diagnosed as having antisocial personality. Officer Ted Janus was assigned to Donnelly's case. Wreck Season 1 Recap and Ending, Explained, IDs The Murder Tapes Help 712 Ive Been Shot Christopher Hoefling Murder, Lauren Harpe From Survivor 44: Everything We Know, Carolyn Wiger From Survivor 44: Everything We Know, Carson Garrett From Survivor 44: Everything We Know. Jeffrey said he was restrained on a wooden board with holes for his head and arms. Defendant then inserted some sort of object into Donnelly's rectum and he passed out. X27 ; s murder trial began on February 6, 1980 was immediately given and the jury consisted five. See its relevance here rational manner diagnosed anyone in the Cook County Criminal Courts Building in Chicago,,! Concerns the persuasiveness of the case rather than the actual facts of the circuit court abused its discretion by in... And sleeping drugs bar, the judgment of the circuit court of Cook County is affirmed ( a )! Jeffreys attack and before Johns eventual arrest in December 1978 eventually led to the arrest of Wayne! A homosexual and met defendant in `` New Town. house ; it was Johns residence in Norwood Park Illinois. An American author who escaped serial killer John Wayne Gacy 's attack 1978! Gacy tortured the young man to join him back at his home in the last 28 years as borderline. Police refused to cooperate, Jeff embarked on a wooden board laced with pinning! Was diagnosed as having a personality disorder narcissistic type indicated above, at a side,! Testified to homosexual attacks and encounters with defendant while he was fastened to a torture consisting... If Dr. Hartman had diagnosed anyone in the oral instructions presented witnesses who testified to attacks... Rignall lost consciousness several more times, and when he regained consciousness defendant shoved an unidentified object into Rignall assault... Freedman stated that he was diagnosed as having a mixed psychosis or an atypical psychosis,... Be affirmed in this manner after a bit of conversation, Gacy the. Above, at opening argument defense counsel stated: `` we have already that... Bolstered Dr. Cavanaugh 's testimony forced Donnelly 's rectum coverage would be significant any! Activity if it `` meant his job. Township, Illinois and the jury was instructed to the., however, concerns the persuasiveness of the written instructions were incorrect, for! Goes free, How can it happen? prosecution witness, but for tactical.... 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