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 5

STATS OP ILLIMCin
COU'NTY OF C 0 0 K

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SS;

IN THE CIRCUIT COURT OF COOK COUNTY
COUNTY DEPARTMENT-CRIMINAL DIVISION

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THS.PEOPLE OF THE )
STATE OP ILLINOIS, )
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VS.
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Indictment No, 81-1204
Charges

Murd®r, ®to.

MURRAY HOOPER.
Heard before the Hon. TiJOMAS
MALONSYj, Judge of said Court,
on the 23rd day of ' ' ' * « m « ,
'»^-'br
A,D., 1981, at 11:30-©^<?iook a.m.

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Court convened pursuant to adjournment-

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Presents

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Hon. Richard M, Daley,
State's Attorney of Cook County, by
Mr. Oregg Owen,
Mr, Mlohael Qoggin^
Assistant State's Attorneys
on behalf of the Peoplej
Mr, Thoma® Peter®»
on behalf of the Defendant.

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THE CLSHK:
ME. PSTER3:

T . : Pecpie vs, Kxirray Hooper, 81-1204.
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Good morriinigj Yoiir Honor.

Thoma 3 Peters.

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I'm her« on behalf of Murray Hooper who Is present

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bafoi'e the court.

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Your Honorj, ths case is set today for filing

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of post trial motions, and at this time I would tender

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to the Court our motion for new trial, copies of whieh

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was previously served on the State's Attorneys this

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morning.

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THE COURTS
MR, PETERSs

All right.
Your Honor, with respect to this motion

I know you hav© now had a ohanoe to read It over.

Eaoh of

the items raised in there nas raised at trial, and I
believe that I stated my arguments

to the Court as well

th®n as I could now, and that th@ Court fully understood

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each of my arguments

&® to each of these pointa.

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don't ie© any further need to reiterace what I already
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argued to Your Honor and what ^our Honor has already
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ruled upon.
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Naturally >we woiild ask the Court to racon21

sider baeed on the er.Tu-nents previoualy made as atated
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in the laotion.
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THB OOUHT: All right.

The court has read a.nii ooasidered

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the motion for new trial and the motion I3 denied.

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All right j are v s ready to proceed to ths
aentencing hearinj.?;?
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MR. PETERS!

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MR, O W S N J

Yea, Your Honor.

Judge, coiild I juat raak® a request?

Just

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for the eak© of the record waa there a presentenee don®

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in this partioular ease?

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all,

I haven't s@@n on® yet, that's

I don't know If it was done.

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THE C O U R T J

I believe there was,

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MR FETEHSs

One was ordered,

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THE GOtJRTs

Y©s, that's right,

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MR, OWENi

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W@ pi;t It -- y@eh.

Thank you. Judge.

THE COURTI

It earn® In yesterday,

I'll tender a oopy

of it to the State and to th® Defense and fll© the
original.
MB, O W E N J

Thanks> Judge.

THE COURTS

Hav® th® partly® had a chance to read

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the presentenee report?
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MR. PETERSJ

Yes, Your Honor,

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Your Honor, iNfhat the report Indicates 1Q
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that on Septtmber th« 21 at, I98I, which would b® two
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daya ago, a probation officer named William Pilcher
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attempted to intervi-^v Mr. Hooper but; Mr« Hoopigr refuged
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to be interviavrsd,
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I -would like to indicate to Your Honor that

on at least two, if not three cccaaiona prior to the 21st
of September^ I981, unknown accents of the Fsderal Bureau
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of Inveetigatlon attempted to interview Mr. Hooper and

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and at my direotlon he refused to be interviewed by them,

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and if Your Honor's desirous of any informaticn that

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would ordinarily b@ in th© pr@s®nt@nce report we are

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willing to provide that information.

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that Mr. Pilcher was also attempting to interview Mr.

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Hooper.

M@ w@r© unaware

In faot, I specifically requested at the jail

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that if somebody from probation came there they should

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contact me so I eap arrange that Mr. Hooper would speak

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to that person, but h© was instructed by m® not to speak

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to any agents of th@ Federal Bureau of Investigation or

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other law enforcement pereonnal,

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THE COURTS

Well, if there is any information that

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you wish to have written In on this preientenoe report

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I would be glad to have Miss Soto take it down,

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MR. PETER3:

FroR! what I have is 'rxat a blank here.

I know th® questions that are generelly on it, although
not by heart.

I could, certainly give that information

to you orally right now.

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THE GCJIIT: Well, you can do that.
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MR. PETERS:

Coul^ you tell me what information they

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are asking for on there so I don't --

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Mr. Hooper'3 &7s la known. It's 35^ coz'rect?
THS COUHT:
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^ell, I don'c --

MR, PETERS:

Ke was at the time of this incident

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living with a 'foung lady and helping to support t'wo of

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h@r children^ not his children.

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two sisters.

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hav® been here in court throughout the ease.

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fr©m time to time been employed himself.

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employed speeifioally at th® time of th© incident allegad

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He has

He was not

He i® not addicted to any drugg, nor is he
an alooholisj nof does h® \XBB drugs.

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His parents are both living and smploysd^

in this case.

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He has two brothera and

We have nothing further other than the
t©itimony he gave about th^ case to state concerning the V
case, and to my reeoll®otlon that's th® kind of questions
that they generally ®8k.

If I'm missing some parsonal

background information that you would like, w« would
certainly give it to you.
THE COURTJ

Nothing that I can think of at the moment.

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MR. PETERS:

I don'.t have anythiiijT to add then oeyond

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that,
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THE COURT:

Okay.

Do you have order forms?

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MR. OWEN:

Judge« the reason I didn't bring the^n was

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because you had uaed your own form before in th€' last

cascv.

^ e iaclude--3 them in the file^
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I left rhe

form for nr. Hooper In ttie office fcecsu^e I fi^ursd
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you would probably p.s© your form and we would prepare

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a form subject to what yours I3 rather than oura,

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which Is somewhat different than you did in the last

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two ssntences.

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In the record that you say on© thing and th© form

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might say another, so I don't have one prepared with

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your wording.

I thought th@r« might b© a eonfliet

I have on© in th® office with the old

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wording which we have used previously which is somewhat

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different than yours, than your wording,

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THE GOURT5 Well, all right. I can afterwards sign a
written order that would l>e eonsistant with --

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MR. OVEN!

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THE COURT?

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All right.
"~ what is done.

We could proceed then.

Is th®r@: anything that the State wishes to

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say?

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wherein the ^''ury haa recommended th© penalty of death.

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At the moment that is what we are ad-ir^asino:,

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We are addressing th© conviction for murder

MR, QOQGIN;

Your Honor, with regards to that partio-

ular charge the ,jury that waa 3elec*;^d in this courtroom
arjo)d® the Ysrdict; that we submit is the true verdict In
this 08 36 and the only verdict In this caa®,

W^ would

racommana that the Court follow that verdict and sentence

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t - ; iafendanf.^
h.

Murray Kocper^ to die based on t >
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evidence In the oaso, the evidenci: in aggravation, and
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his history in life in our community.a.e a criminal and

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a killer.

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THE COURT: All right. Mr. Peters?

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MR. PETERS:

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THE COURT I Anything you wish to aay?

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HR. PETERS I Just britflyi ^onr Honor*

Your Honor?

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You have, of course, heard my arguments

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throughout th® trial and at the sentencing hearing,

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and I will not further belabor those points,

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I would again urge Your Honor not to impose
the sentence recommended by the Jury and I would point
out to Your Honor that Mr, Hooper is only 35 years old,
that he ia, and I think Your Honor could tell from hia
testimony, an intelligent ^^'^ articulate person, certainly a person who is not beyond the realm of rehabil-

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itation given his age.
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I am aware of the eviden-e.

Your Honor'a

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aware of the evidence..
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I would add nothini:: further now than I had
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previously aaid.
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THE COTJRT:

Well, It is the Court'3 opinion that the

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atatut® dooa net allow the Court any discretion at this

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p o i i " , the jury having recommeaded the death penalty.
MR. PETERS:

?or the rsoord,

Your H o n o r , it is x y

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opinion that y o u always have that discretion.

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urge YQur Honor to use that discretion.

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T H E COURT!

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discretion left,

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There ia no

M r . Hooper^ anything that y o u w i s h to say
p r i o r to the Imposition of sentence?
M B , PETERS}

I don»t beXleve M r * Ho©pel? h a s anything-

to eay at this tiraej Y o u r H o n o r ,
T H E COUET:

All right. T h e Court observes that the

defendant ia shaking h i s head indicating a n o .

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N o , n o t under our statute.

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All i right.: M u r r a y Hooper, for th® murdera
of Riehard H i H e y , Frederick Laoey, and R. G. Pettigrew,

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o f w h i c h the' jury foimd y o u guilty, and for which the

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jury recommended sentence of death on A u g u s t 25th, 198lj

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y o u a r e hereby sentenced to be p u t to death b y electro-

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cution,

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It Is further ordered that y o u are to be

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transported by the Cook County Sheriff to the Illinois

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State Penitentiary and y o u r custody transferred to the
w a r d e n of that penitentiary^ and thereafter y o u ar® to
be executed accordinfr to law on December 2 3 , 1 9 8 I ,

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It is further ordered, however, that the

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execution be stayed until ' h final order of the
:e
Supreme; Court of thia state.
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You are advised that an appeal to th®

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Illinois Suprem® Gourt is automatic and will proceed

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without any aotion b^ing taken by you.

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We will now proceed to th® matt@ra of
thre© conviotlons for armed robbery and three oonviotions
for aggravated kidnapping.

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It is »- there anything that the State
wishes to say in connection with those matters?

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MR, OWEN!

Judges we would ask that the senteno®

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irapoBed by th© Gourt b@ the maximum sentence under law
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for those offenses b@oaua@ of the heinoua nature of the
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crime®,
IS

THE COURT I All right, Mr. -16

MR. PETERS I

I have nothing further to add other

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than what I previously stated today and all of the
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oth©r occa8iona.
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THE GOURTi All right. Mr. Hooper, • anything that you
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wish to flay? I take it that you do not.
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All right,

for the armed robberies of Frederick

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Lacey, aad R, C, Pettigrewi and Richard Hilley, the Court
finds that they were committed in an txceptionally
brutal and heinous manner and that you are^ therefor®,

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3ejntancsd to a t>5rm of -- ar: e^tt3nded term of sixty
year3 In the peniirentiary ayatei-.i o:" the Illinois Depart3

ment of Corrections for @aoh of those armed robberies.

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Those sentences to run ooncurrent.

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For the aggravated kidnapping of Richard

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Hllley, Fredericic Laeey, and R. C. Pettlgrtw of whieh

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you have b@en eonvloted th@ Court find® that those

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aggravated kldn&ppinga were committed in an exception-

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ally brutal and heinous manner, antl for e'aoh of; thos®

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aggravated kidnappings you ar®^ therefore, s@nt@no©d to

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th€ eistended t®rm of sixty yedr® for each of those

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offengesa those sentenoes to run conourrentiyi and to run.
concurrently with the aentenees for armed robbery,
•Judgment on

those sentence®,

Hlttimus to

iasu« on all mattera.

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You are advised under the law with r®3p®ct
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to the convictions and sentences for armed robbery and
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aggravated l''.:iclnapping, Mr. Hooper, that you may appeal
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from th© verdict, judgment,

and sent^ance of the Court,

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To do that you must file a Notice of Appeal with the
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clerk of the court within In 30 days of thia date, and
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notice m-aa^ be in writing, and it car. be done by raqueBt23

Ing the clerk of the court to file it on your behalf.
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If you do not have monay to hire a lawyer

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to r>8pre3snt you on appeal of these matters a lawyer
will be appointed and you will be furnished without
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cost a transcript of your trial.
MR. PETERS?

Yaur Honor, with regard to that I have

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already prepared a Notice ©f Appeal and an affidavi;fe of

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indis®noy which, is not sworn to because w® don't have

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aoo®@s to a nofearyihsr®, but Mr. Hooper^ If it is n©o®@-

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8ary> oould be put under oath to indioate he has no

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income and^no assets,

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THE COURTS

I als-o r©(iu@st --

The Notice of Appeal must be filed in

the clerk'Aa.. offlo® but th@ — - Jindlgency of th© defendai.,
will be aoonpted as a faot,, and th@ Court will grant
the petition I'or a transcript of his trial without coat|
MR, PETERS;

It's further requested, Your Honor^

that th® oXfie® of th@ State Appellate D®f@nd®r be
appointed to represent,Mr. Hoopgry and I have previously
contacted them and they wer® trnabl© to have a repre-

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sentative her«- today in court, but they did advia© me
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that these are ti^ forms that they would like entered
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If the Court ao •»21

THE COURT! All right, the State Appellate Def nder
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would ba appointed,
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MR. PETERSJ

Thank you.

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THP. CO0RT:

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Okay.

I'll ret\Arn these to you in that

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It -- well -» this, the affidavit will be filed.
MR. PETERS I And I«ll file that with the clerk's
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office.

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THE COURT I

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MR. PETERS I Nothing further.

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Okay, anything further?

Your Honor^ is It possible for Mr. Hooper
to visit vtry britfly with hli parents?
THE COtmTf

No.

W@ have not faeilltles and no p^r^on-

neX for it* I am 8©rry.
( Whioh wer® all the proceeding®
had at the trial ©f thf above
entitled cause,)

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