Hooper v. Ryan, et al

Filing 76

MOTION by Petitioner Murray Hooper for judgment (Attachments: # 1 Exhibit State Notice Declining Evidentiary Hearing, # 2 Exhibit Indictment, # 3 Exhibit Judgment and Order, # 4 Exhibit Order of Sentence and Commitment, # 5 Exhibit 9 23 1981 Hearing Tr., # 6 Exhibit Order of Sentence and Commitment, # 7 Exhibit Postconviction Opinion and Order)(Love, Nathaniel)

EXHIBIT 2

Form 53D-New

UNSTED STATES OF AMERICA

State of Illinois
Cook County

Pleas, before a branch of the Circuit Coyrt of Cook County, in said County and
COOK
and State, begyn and held at the Circuit Court, in the City of Chicago, in said County,
E I G H T Y - O N E , AND OF THE INDEPENDENCE OF THE UNITED STATES
one thouMnd nine hundred and AMERICA THE TWO HnNDR-RnTW aATn FOURTH YEAR.

PRESENT:

RICHARD J. FITZGERALD
Judgeof the Circuit Court of Cook County

RICHARD M. DALEY
State's Attorney

RICHARD J. ELROD
Sheriff of Cook County
MORGAN M,

FINLEY
Clerk

Attest:

And afterwards, to-wit, on

FEBRUARY

2nD

-.n

81

in the year last aforesaid, the Sheriff of Cook County returned into Court the Venire Facias heretofore
issued for the Grand Jury and returnable to-day, by which it appears that they were duly summoned to
appear this day and serve as Grand Jurors of this Court.
The panel of Grand Jurors being now filled, the Court having now here appointed
a foreman of said Grand |ury, they were duly sworn and charged by the Court, and thereupon retired
to consider their presentments.

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*-

F0R5.f: CRm. DIV. NO. 26

The Grand Jurors chosen, selected, and sworn, in and for the County of Cook in the State of
Illinois, in the name and by the authority of the People of the State of Illinois, upon their oaths aforeNovember 12th
S3id present that on

:

,« 80
, .,
^ , ., ^
, 1 9 — _ , at and within said County'

:

Roger Collins, William Bracey and Murray Hooper
commited the offense of murder

•

-

in that they, shot and killed Richard Holliman with a gun and shotgun,
knowing that such shooting with a gun and shotgun created a strong
probability of death or great bodily harm to said' Richard Holliman
without la^vful justification, in violation of Chapter 38, Section
9-lCa-23, of the Illinois Revised Statutes 1979, as amended.

contrary to the Statute, and against thej5eace and dignity of the same People of the State of Illinois.

MORGAiN M. FINLEY, CLERK OF THE CIRCUIT COURT OF COOK COLfNTY

FORM: CRLM. DIV. NO. 26

The Grand Jurors chosen, selected, and sworn. In and for the County of Cook in the State of
Illinois, in the name and by the authority of the People of the State of Illinois, upon their oaths aforesaid present that on

November 12 t h

^ jg

80^ at a^d within said County

Roger C o l l i n s , William Bracey and Murray Hooper

commited the offense of

murder
fepi^r:^-

''•^•"

in tliat they, intentionally and knowingly shot and killed Fredrick
Lacey with a gun and shotgun, without lawful justification, in
violation of Chapter 38, Section 9-1 (a-l), of the Illinois Revised
Statutes 19 79, as amended,

.

^ ^y^Jj/l

contrary to the Statute, and against the peace and dignity of the same People of the State of Illinois.

MORGAN M. FINLEY, CLERK OF THE CIRCUIT COURT OF COOK COUNTY

FORM: CRLM. DIV. NO. 26

The Grand Jurors chosen, selected, and sworn, in and for the County of Cook in the State of
Illinois, in the name and by the authority of the People of the State of Illinois, upon their oaths afore-

November 12th

80

said present that on

, 19

, at and within said County

Roger Collins, William Bracey and Murray Hooper

<;ommited the offense of

murder

-

in that they, shot and killed Fredrick Lace^ with a gun and shotgun,
knowing that such shooting with a gun a < l shotgun created a strong
n'
»,m=—.—-.-•—•-—~

—-™*

probability o£ death or great bodily harm to said Ejg^^jjxk Lacey,
without lawful justification, in violation of Chapter 38, Section
9-1 Ca-2), of the Illinois Revised Statutes 1979, as amended.

y

contrary to the Statute, and agairist the peace and dignity of the sanie People of tlie State of Illinois.

MORGAN M. FINLEV, CLERK OF THE CIRCUIT COURT OF COOK COUNTY

FORM: CRLVi. DIV. NO. 26

The Grand Jurors chosen, selected, and swom, in and for the County of Cook in the State of
Illinois, in the name and by the authority of the People of the State of Illinois, upon their o^ths aforesaid present that on

November 1 2 t h

.'

__, 1 9 _ i 2 . , at and within said County

Roger Collins, William Bracey and Murray Hooper

commited the offense of

murder

.

-

•

in that they, intentionally and knowingly shot and killed R.C. Pettigrew,
with a gun and shotgun without lawful justification, in violation of
Chapter 38, Section 9-1 (a-l), of the Illinois Revised Statutes 1979,
as amended.

V^'

contrary to the Statute, and against the peace and dignity of the same People of the State of Illinois.

MORGAN M. FINLEY, CLERK OF THE CIRCUIT COURT OF COOK COUNTS'

"^^f

FORM: CRIM. DIV. NO. 26

The Grand Jurors chosen, selected, and sworn, in and for the County of Cook in the State of
Illinois, in the name and by the authority of the People of the State of Illinois, upon their oaths aforesaid present that on

November 1 2 t h

^ ^^

80^ ^^ ^^^ ^.^^^^ ^ j ^

^^^^^

Roger Collins, William Bracey and Murray Hooper
commited the offense of

murder

•

in that they, shot and killed R. C. Pettigrew with a gun and shotgun,
knowing that such shooting v/ith a gun and shotgun created a strong
probability o£ death or great bodily harm to said R. C. Pettigrew
without lawful justification, in violation of Chapter 38, Section
9-1 (a-2), of the Illinois Revised Statutes 1979, as amended.

f
contrary to the Statute, and against the peace and dignity of the same People of the State of Illinois.

MORGAN M. FINLEY, CLERK OF THE CIRCUIT COURT OF COOK COUNTY

7x; / 6p~

FORM: CRLM. DIV. NO. 26

The Grand Jurors chosen, selected, and swom, in and for the County of Cook in the State of
Illinois, in the name and by the authority of the People of the State of Illinois, upon their oaths afore^ i d present that on

November 1 2 t h

^5__80_^,, 3^d within said County

Roger Collins, William Bracey and Murray Hooper

commited the offense of

murder

•

. .

...

-

. . . .

in that they, while committing a forcible felony, to wit: aggrayajted
.-Mdnaping,

shot and killed Fredrick Lacey,

with a gun and

shotgun, without lawful justificiation, in violation of Chapter
38, Section 9-1 (a-3), of the Illinois Revised Statutes 1979, as
amended,

/

J/f

^
# • > -

-7
contrary to the Statute, and against, the peace and dignity of the same People of the State of Illinois.

MORGAN M. FINLEY, CLERK OF THE CIRCUIT COURT OF COOK COUNTY

FORM: CRLM. DIV. NO. 26

Ttie Grand Jurors chosen, selected, and sworn, in and for the County of Cook in the State of
Illinois, in the name and by the authority of the People of the State of Illinois, upon their oaths afore.^id present that on .

^^I^I^^^LH^^^—

- . 1 9 _ i l . a t and within said County

• B^Qoer Collins, William Bracey and Murray Hooper

commited the offense of

murder

-

. •

-

•_.-.,•

in that they, while committing a forcible felony, to wit: aggravated
kidnaping,

shot and killed R. C. Pettigrew,

with a gun and

shotgun, ^fithout lawful justificiation, in violation of Chapter
38,

Section 9-1 Ca-3), of the Illinois Revised Statutes 1979, as

amended.

contrary to the Statute, and against the peace and dignity of the same People of the State of Illinois.

MORGAN M. FINLEY, CLERK OF THE CIPXUIT COURT OF COOK COUNTY

FORM: CRLM. DIV. NO. 26

The Grand Jurors chosen, selected, and sworn, in and for the County of Cook in the State of
Illinois, In the name and by the authority of the People of the State of Illinois, upon their oaths aforeNovember 1 2 t h

said pre:^nt that on
- -

._, .80 ,
, .^t •
-An
, 19
, at and withm said County
.«=-

-

R.oger Collins, William Bracey and Murray Hooper

commited the offense of

murder

.

•

.
.

.

in that they, while committing a forcible felony, to ^^^it: aggravated
kidnaping,

shot and killed Richard Holliiuan

with a gun and

shotgun, without lax^ful justificiation, in violation of Chapter
38, Section 9-1 (a-3), of the Illinois Revised Statutes 1979, as
amended,

'

.

-

"

r4

contrary to the Statute, and againft the peace and dignity of the same People of the State of Illinois.

MORGAN M. FINLE\, CLERK OF THE CIRCUIT COURT OF COOK COUNTY

FORM: CRLM. D!V. NO. 26

The Grand Jurors chosen, selected, and sworn, in and for the County of Cook in the State of
IffiEois, in the name and by the authority of the People of the State of Illinois, upon their oaths afore-

November 12th
said present that on

.o 80

.

.

, 19

,

, ., ^

-. r^

, at and withm said County

Roger Collins, William Bracey and Murray Hooper

commlted the offense of

murder

in that they, while committing a forcible felony, to wit: armed
robbery

shot and killed Richard Halliman,

with a gun and

shotgun, without lawful justificiation, in viola'tion of Chapter
38, Section 9-1 (a-3), of the Illinois Revised Statutes 1979, as
amended.

contrary to the Statute, and against tKe peace and dignity of the same People of the State of Illinois.

MORGAN M. FINLEY, CLERK OF THE CIRCUIT COURT OF COOK COUNTY

0

FORM: CRLM. DIV. NO. 26

The Grand Jurors chosen, selected, and sworn, in and for the County of Cook in the State of
Illinois, In the name and by the authority of the People of the State of Illinois, upon their oaths aforesaid present that on

.

November 1 2 t h
^
^

i/n SO ^
, . . , . . , „ ,
, 19
, at and witlim said County

Roger Collinsj William Bracey and Hurray Hooper

commited the offense of

murder

" •

in that they, while committing a forcible felony, to wit: armed
robbery,

shot and killed Fredrick Lacey,

with a gun and

shotgun, without lawful justificiation, in violation of Chapter
38, Section 9-1 (a-3), of the Illinois Revised Statutes 1979, as
amended.

contrary to the Statute, and against the peace and dignity of the same People of the State of Illinois.

MORGAN M. FITS'LEY, CLERK OF THE CIRCUIT COURT OF COOK COUNTY

FOFvM: CRIM. DIV. NO. 26

Tlie Grand Jurors chosen, selected, and sworn, in and for the County of Cook in the State of
Illinois, in the name and by the authority of the People of the State of Illinois, upon their oaths afore.,
, ^, .
said present that on .

November 1 2 t h

, « 80
. . ; . . , _
__, 19.
., at and withm said County

,

Roger Collins, William Bracey and Murray kooper

commlted the offense of

murder

.

.

-

"

'

.

in that.they, while committing a forcible felony, to wit: armed .
robbery,

shot and killed R. C. Pettigrew

with a gun and

shotgun, without lawful justificiation, in violation of Chapter
38, Section 9-1 Ca-3), of the Illinois Revised Statutes 1979, as
amended,

.

" .

ii I ,

contrary to the Statute, and against the peace and dignity of the same People of the State of Illinois.

M0RG.4N M. FINLEY, CLERK OF THE CIRCUIT COURT OF COOK COUNTY

Si^'

FORM: CRIM. DIV. NO. 26

The Grand Jurors chosen, selected, and sworn, in and for the County of Cook in the State of
IlliBois, in the name and by the authority of the People of the State of Illinois, upon their oaths afore-s^ld present that on

November 1 2 t h

_ ^ 19-11,

at and within said County

Roger C o l l i n s 5 V/illiara Bracey and Murray Hooper

commited the offense of

• armed r o b b e r y
^

__ ,. _. ..,,
,

in tliat they, by the use of force and by threatening the imminent
use of force while armed with a dangerous weapon, took United States
currency from the person and presence of

Richard Holliman,

• in violation of Chapter 38, Section 18-2, of the Illinois Revised
Statutes 19 79, as amended.

contrary to the Statute, and against the peace and dignity of the same People of tlie State of Illinois.

MORGAN M. FINLEY, CLERK OF THE CIRCUIT COURT OF COOK COUNTY

FOKM: CRIM. DIV. NO. 26

The Grand Jurors chosen, selected, and swom, in and for the County of Cook in the State of
Illinois, in the name and by the authority of the People of the State of Illinois, upon their oaths aforesaid present that on

November 1 2 t h

_ j 5 _ ^ ^ ^, ^^^ ^.,^^

^jd County

Roger Collins, William Bracey and Murray Hooper

commited the o f n e of
fes

armed robbery

,

• •

• .
.

in that they, by the use o£ force and by threatening the imminent
use of force while armed with a dangerous weapon, took United States
currency from the person and presence of

Fredrick Lacey,

in violation of Chapter 38, Section 18-2, of the Illinois Revised
Statutes 19 79, as amended,

' .

/,/

contrary to the Statute, and against the peace and dignity of the same People of the State of Illinois.

MORGAN M. FINLEY, CLERK OF THE CIRCUIT COURT OF COOK COUNTY

ra©s!M?i^r''''<^~*^-'^"f^:;^''*-!::^r'~'^^'?"^^

FORM: CRLM. DIV. NO. 26

The Grand Jurors chosen, selected, and sworn, in and for the County of Cook in the State of
Illinois, In the name and by the authority of the People of the State of Illinois, upon their oaths afore,
sasd present that on

November 1 2 t h
.

,-.
, 19

80

, , .^,.
.. ^
, at and within said Cour.ty

Roger Collins, William Bracey and Murray Hooper

comiBlted the offense of

armed robbery

in that they, by the use o£ force and by threatening the imminent
use of force while armed with a dangerous weapon, took United States
currency from the person and presence of

R. C. Pettigrew,

in violation of Chapter 38, Section 18-2, of the Illinois Revised
Statutes 19 79, as amended.

£^

contrary to the Statute, and against the:$eace and dignity of the same People of the State of Illinois.

MORGAN M. FINLEY, CLERK OF THE CIRCUIT COURT OF COOK COUNTY

FORM: CRLM. DIV. NO. 26

The Grand Jurors chosen, selected, and swom, in and for the County of Cook in the State of
IlUnois, in the name and by the authority of the People of the State of Illinois, upon their oaths aforeNovember

said present that on

12th

.,19.

80

, at and within said County

Roger Collins, William Brace/ and Murray Hooper

commited the offense of

aggravated kidnaping

in that they, knowingly by force and threat o£ force carried
-Richard Holliman

from one place to another with intent to secretly

confine Richard Holliman
a felony, to wit:

against his will-and committed

murder, upon him,

n violation of Chapter 38, Section 10-2(a-3), of the Illinois
Revised Statutes 1979, as amended.

contrary to the Statute, and against the peace and dignity of the same People of the State of Illinois.

MORGAN M. FIT'JLEY, CLERK OF THE CIRCUIT COURT OF COOK COUNTY

J

FORM: CRIM. DIY. NO. 26

The Grand Jurors chosen, selected, and sworn, in and for the County of Cook in the State of
Illinois, in the name and by the authority of the People of the State of Illinois, upon their oaths afore-

said present that on

J ! 2 I f f ! ^ f L i i l L , 19_i^, at and within said County

Roger Collins, William Bracey and Murray Hooper

commited the o f n e of
fes

aggravated kidnaping

in that they, knowingly by force and threat of force carried
Richard Holliman from one place to another with intent to secretly
confine Richard Holliman
a felony, to wit:

against his will, and committed

armed robbery upon him,

n violation of Chapter 38, Section 10-2(a-3), of the Illinois
Revised Statutes 1979, as amended,

-

contrary to the Statute, and against the peace and dignity of the same People of the State of Illinois.

MORGAN M. FINLEY, CLERK OF THE CIRCUIT COURT OF COOK COUNTS'
K

FORM: CRLM. DIV. NO. 26

The Grand Jurors chosen, selected, and sworn, in and for the County of Cook in the State of
Illinois, in the name and by the authority of the People of the St2te of Illinois, upon their oaths afore.,
, ^. ^
said present that on .

^

November 1 2 t h
.

,.
, 19

80

^ .,.
.^>,
, at and within said County

Roger Collins, William Bracey ap.d Murray Hooper

commited the offense of

aggravated kidnaping

.
-

. •

in that they, knowingly by force and threat of force carried
Fredrick Lacey

from one place to another with intent to secretly

confine Fredrick Lacey,

against his will and committed

a felony, to wit: murder, upon,
n violation of Chapter 38, Section 10-2(a-3), of the Illinois
Revised Statutes 1979, as amended.

contrary to the Statute, and against the peace and dignity of the same People of the State of Illinois.

MORGA.N M. FINLEY, CLERK OF THE CIRCUIT COURT OF COOK COUNTY

FORM: CRIM.DIY. NO. 26

The Grand Jurors chosen, selected, and sworn, in and for the County of Cook in the Slate of
Illinois, In the name and by the authority of the People of the State of Illinois, upon Ihcir oafhs aforeNovember 1 2 t h
:

said present that on

,_
, 19

•

80

^ , .^, - -^ n
,at and wjthm said County
•

.•«»•

Roger Collins, William Bracey ar.d Murray Hooper

commited the o f n e of
fes

aggravated kidnaping

;

-

in that they, knowingly by force and threat of force carried
Fredrick Lacey
confine

from one place to another with intent to secretly

Fredrick Lacey

a felony, to wit:

against his will., and committed

armed robbery, upon him,

n violation of Chapter 38, Section 10-2(a-3), of the Illinois
Revised Statutes 1979, as amended.

M'

contrary to the Statute, and against the-jieace and dignity of the same People of tlie State of Illinois.

MORGii-' M. .-EILEY, CLERK OF THE CIRCUIT COURT OF COOK COUNTY

FORM: CRLM. DIV. NO. !(>

The Ctznd Jurors chosen, selected, and swom, in and for the County of Cook in the State of
Illinois, in the n3me and by the authority of the People of the State of Illinois, upon their oaths aforesaid present that on

.

November 12th

^ ,^_^^^,^^^

..j^hin said County

Roger Collinsj William Bracey and Murray Hooper

commited the offense of

aggravated kidnaping

. .

-

in that they, knowingly by force and threat of force carried.
R.C. Pettigrew
confine

from one place to another with intent to secretly

R. C. Pettigrew

a felony, to wit:

against his will, and committed

murder upon him,

n violation of Chapter 58, Section 10-2Ca-3), of the Illinois
Revised Statutes 1979, as amended.

(^Jj
contrary to the Statute, and against the peace and dignity of the same People of the State of Illinois,

MORGAN M. rlNLEV. CLERK OF THE CIFXUIT COURT OF COOK COUNTY

FORM: CRIM. DIV. NO. 26

The Grand Jurors chosen, selected, and sv/om, in and for the County of Cook In Ihe State of
Illinois, in the name and by the authority of the People of the State of Illinois, upon their oaths aforesaid present that on _

November 1 2 t h
,„
— , 19

_

80

^ ^ •«! • -AT
, at and withm said Couiuy

Roger Collins, William Bracey ap.d Murray Hooper

commited the o f n e of
fes

aggravated kidnaping

in that they, knowingly by force and threat o£ force carried
R. C. Pettigrew from one place to another with intent to secretly
confine

R- C. Pettigrew

a felony, to wit:

against his will, and committed

armed robbery, upon him,

n violation of Chapter 38, Section 10-2(a-3-), of the Illinois
Revised Statutes 1979, as amended.

I-

contrary to the Statute, and against the peace and dignity of the same People of the State of Illinois.

MORGAN M. FINLEY, CLERK OF THE CIRCUIT COURT OF COOK COUNTY

L

FOR.M: CRIM. DiV. NO. 26

The Grand Jurors chosen, selected, and sworn, in and for the County of Cook in the State of
Illinois, in the name and by the authority of the People of the State of Illinois, upon their oaths aforeNovember 12th
,« 80
. _.
., „
said present that on
•,
^—
19
, at and within said Coun.y
Roger C o l l i n s , William Bracey and Murray Hooper
commited the offense of

aggravated kidnaping
C^

.

_..--—----"

' '^^
--^

in that they, knowingly by force and threat of imminent force while
armed with a dangerous weapon, carried Richard Holliman,
from one place to another ivith the intent to secretly confine
Richard Holliman

' against his will, in violation of Chapter 38,

Section 10-2 (a-5), of the Illinois Revised Statutes 1979, as amended.

ni-'
contrary to the Statute, and against"thenpeace and dignity of the same People of tlie State of Illinois.

MORGAN M. FINLEY, CLERK OF THE CIRCUIT COURT OF COOK COUNTY

•,s'r.-;a^f^i^5^aSfe!i5!5t!^^ S a 5 ..gisssS.

FORM: CREvf. DIV. NO. 26

The Grand Jurors chosen, selected, and sworn, in and for the County of Cook in the State of
lUinois. in the name and by the authority of the People of the State of Iffinois, upon their oaths afore-

said p ^ n t .ha. on

November 12th

, , _ 8 0 _ ^, ^^^ ^ , , , j ^ ^ . , ^^^^.^

Roger Collins, William Bracey and Murray Hooper
commited the o f n e of
fes

aggravated kidnaping

. .
-.

in that they, knowingly by force and threat of imminent force while
armed with a dangerous weapon, carried

Fredrick Lacey

from one place to another with the intent to s'ecretly confine
Fredrick Lacey

• against his will, in violation of Chapter 38,

Section 10-2 Ca-5), of the Illinois Revised Statutes 1979, as amended.

contrary to the Statute, and against the peace and dignity of the same People of the State of Illinois.

MORGAN M. FINLEY, CLERK OF THE CIRCUIT COURT OF COOK COUNTY

FORM: CRLM. DIV. NO. 26

The Grand Jurors chosen, selected, and sworn, in and for the County of Cook in the State of
Illinois, in the name and by the authority of the People of the State of Illinois, upon their oaths aforesaid present that on

November 1 2 t h ^
;

, 19

80

, at and within said County

Roger Collins, William Bracey and Murray Hooper
commlted the o f n e of
fes

aggravated kidnaping

in that they, knov;ingly by force and threat o£ imminent force while
armed with a dangerous weapon, carried R. C, Pettigrew
from one place to another with the intent to secretly confine
R. C. Pettigrew

• against his will, in violation of Chapter 38,

Section 10-2 (a-5)j of the Illinois Revised Statutes 1979, as amended.

i-

J^^M^^^/^/iy&jd3Y

contrary to the Statute, snd against the peace and dignity of the same People of the State of Illinois.

MORGAN M. FIf-JLEY, CLERK OF THE CIRCUIT COURT OF COOK COUNTY

•-. i,".;:"-!'-"-.--i""'",' Z'^T-^ '•-' -^}^--i.

'- • "•

32 7 A

G. J. No.

GENERAL No

Q..r

it^

Circuit Court of Cook County
County Deparlmflnt—Cruninal Division

^.^iH.V.f^FX

19 •'??•

The People of the State of Illinois
V.

'^^^J^

1

Rp.g.?X..Cpllins e.t a l

•y^

IZ/^^'

1^

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A TRUE BILL
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WITNESSES
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