Nicholas Sheley...He Is, He Isn't, He Is, He Isn't, He Is Going To Stand Trial On August 29, 2011, Isn't He?

Nicholas Sheley at Stateville Correctional Institution

Nicholas T. Sheley is a 31 year old man from Whiteside County, IL who is accused of engaging in a week long killing spree at the end of June 2008. The alleged killing spree resulted in the bludgeoning deaths of eight people in IL and MO, with victims ranging in age from a 2 year old boy to a 93 year old man.


Jury selection for the first murder trial related to this alleged 2008 killing spree, for the death of Ronald Randall, 65, of Galesburg, IL is scheduled to begin on August 29, 2011 in Knox County, IL. As we are on the eve of trial, this seems like a good time to look back at the progression of this case the last three years.

This post and the timeline linked here  can also serve as an introduction to the case for those who might not be familiar with the case but would like to follow the trial here at Katfishponders...This timeline is compiled of information from news reports made in 2008 as this case was unfolding. Even though some of the details included in these reports may come into the trial for the case we will be discussing here, many will not, because what was reported in the media isn't evidence (actually much of what will be admitted remains to be litigated), but more so because Nicholas Sheley is charged and being tried for the death of the one victim in Knox County, not all 8 victims.

In earlier posts here at Katfishponders, I've referred to the progression of this case as a long and winding road because of the many twists, turns and delays this case has taken over the last three years. Many of the twists and turns can be attributed to choices made by Nicholas Sheley, but not all......

At the final pretrial case management hearing on August 12, the court sat a tentative date for opening statements to begin on September 6.....but the question is, given the history of this case.....Will it?

He is...He isn't?
The Arrest and Indictment...

Nicholas Sheley was arrested in Granite City, IL on July 1, 2008. Even though it's alleged by authorities that Sheley's killing spree started in Whiteside County and ended in Festus, MO, it was decided that Nicholas Sheley would be charged in Knox County, IL first. On July 2, 2008 Sheley was transported to Galesburg, IL and charged for the murder of Ronald Randall.


He is.... pleading not guilty to the charges against him and is being held on a 10 million dollar bond  in the Knox County Jail to await trial. Sheley is accused of kidnapping, killing, and robbing Ronald Randall 65, of Galesburg on June 28, 2008. He is also accused of stealing Randall's 2007 Chevy Silverado pickup truck.

He isn't....At the start of a hearing on September 29, 2009 Nicholas Sheley said, “Your honor, I would like to change my plea to guilty.”

He is.....By the time the hearing came around for Sheley to officially change his plea to guilty he had changed his mind again and let his not guilty plea stand.

He isn't.... being held in the Knox County Jail anymore....Sheley awaited trial in the Knox County Jail until he was convicted and sentenced to prison for 7 years in October 2009 for assaulting corrections officers at the Knox County Jail. After a stint in Pontiac Correctional Center,  Sheley was moved to Stateville Correctional Center this Spring.

( This is just my opinion, but I think Mr. Randall's truck 'may' have been the most important piece of
evidence that law enforcement had to tie all of the deaths together, which 'may' also explain why Sheley is being tried in Knox County first. The 2007 pickup is equipped with OnStar which assisted in tracking the vehicle and based on the discovery addressed in various motions that I've seen, there was (figuratively) a truck load of DNA evidence from various victims found in Mr. Randall's  truck  when it was recovered in St. Louis, MO.)

 A Knox County Grand Jury handed down a 17 count Bill of Indictment against Nicholas Sheley in August 2008. Counts 1-10 are first-degree murder charges. The indictment alleges that on June 28, 2008 Sheley caused blunt-force trauma to the head of Ronald Randall that resulted in Randall's death. Counts 11-17 allege that on June 28 Nicholas Sheley kidnapped Ronald Randall, robbed him and stole his 2007 Chevy pickup. Three of the murder counts listed in the indictment  include aggravating factors that made this a death penalty eligible case. The aggravating factors listed allege the blunt-force injuries to Ronald Randall were the result of heinous behavior and wanton cruelty to someone age 60+. Sheley was informed that the state has 120 days to decide if they will seek the death penalty.

He is... facing the death penalty. The state filed the necessary paperwork on September 4, 2008 to seek the death penalty in this case. For 2.5 years this was litigated as a capital murder case.

He isn't.... facing the death penalty.....In March of 2011 the Governor of Illinois,  Patrick Quinn, signed legislation to abolish the death penalty in IL. The new legislation actually didn't take effect until July 1, but the state withdrew their intent to seek the death penalty shortly after Governor Quinn signed the legislation.

As we head into this trial, the minimum sentence for a 1st-degree murder conviction in IL is 20-60 years. If the aggravating factors included in the indictment are found to be present by the jury, Sheley will face natural life in prison. The possible penalties if convicted for the other counts in the indictment are as follows: counts 11-15, two counts of aggravated kidnapping, two counts of aggravated vehicular hijacking and one count of armed robbery — all Class X felonies punishable by six to 30 years in prison (60 years if aggravators are found ). Counts 16 and 17 are one count of robbery, a Class 1 felony; and one count of possession of a stolen vehicle, a Class 2 felony with punishment ranging 3-15 years, a $25,000 fine and 2 years supervision after release.

Nicholas Sheley will be represented by court- appointed attorney Jeremy Karlin in this trial, but many of the twist and turns (and delays) in this case so far have revolved around choices made by Nicholas Sheley about his representaion......

 He is....He isn't?
Sheley's Counsel....musical chairs?

 After Nicholas Sheley was declared indigent by the court, Knox County Public Defender James Harrell, was appointed to represent him. When the state announced their intent to seek the death penalty, Sheley became 'qualified' to have two attorneys that are members of the Capital Litigation Trial Bar to represent him . Jeremy Karlin, a private local attorney, was appointed as co-counsel on the same day the state filed their intent to seek the death penalty, September 3, 2008.When James Harrell requested a one week delay to allow Mr. Karlin to read all the discovery, Sheley asked to address the court. Sheley told the court he doesn't want a continuance of any kind. He went so far as to say if it is necessary to fire his attorney's then so be it.

 ~ He wants to represent himself round one ~ 


Within weeks (actually 9 days) Nicholas Sheley informed the court he wanted to fire both of his attorneys because of conflict in trial strategy (for one, they were dragging things out against his wish for a speedy trial), he also claimed they were ineffective counsel and dishonest. Because he couldn't afford to hire a private attorney, Sheley requested to represent himself (Pro Se). Harrell and Karlin contested Sheley's request, first based on a bonafied doubt of his fitness to stand trial and then on his inability to intelligently waive his right to counsel. After four months of fitness hearings and evaluations by state and defense mental health experts, Sheley was found fit to stand trial .

On January 31, 2010, the court found there was no conflict with counsel or evidence of ineffective counsel or dishonesty which left the issue of Sheley's Pro Se motion. Judge Stewart told the state they would be entitled to depose the mental health experts before he made a ruling as to the defendant representing himself. When the state requested the experts be advised of  recent incidents at the jail involving the defendant and asked that incident reports be submitted to the experts before they were deposed, Sheley requested a 10 minute recess to consult with his attorneys. When court reconvened the court was advised by Jeremy Karlin that Mr.Sheley withdraws all motions to remove his attorneys. Another He is....He isn't....that one week delay Sheley didn't want had just set the trial back five months....hmmm....makes this writer wonder, just what did he really want? ~ sigh ~

At the Jan 31 hearing John Hanlon attempted to enter his appearance with the court per Supreme Court rule 416, but was not allowed until the state was able to get clarification as to the rule. (Hanlon is from the Office of the State Appellate Defender in the Capital Trial Assistance Unit in the Springfield office. The Capital Trial Assistance Unit is staffed with attorneys who provide trial assistance in death penalty cases in which the defendant is indigent.) Hanlon later became a member of the defense until March 2011 when the death penalty was abolished in IL.


~ He wants to represent himself rounds 2 and 3 ~ 


While these 2 attempts to represent himself weren't for the trial related to the 2008 alleged killing spree, I include them here because they also represent choices made by Nicholas Sheley in his dealings with the Knox County judicial system.
   
In April 2009 Nicholas Sheley was charged with three counts of aggravated battery to a correctional officer, one count of aggravated assault and one count of criminal damage to governmental property stemming from the April 17 incident at the Knox County Jail where Sheley has been held awaiting trial for the 2008 murder charge. At an April 23 custody hearing for these new charges Sheley told Judge Dwayne Morrison he doesn't want James Harrell to represent him and would file a motion to represent himself.
At a hearing scheduled to hear argument on Sheley's motion to represent himself, on May 15, 2009, Nicholas Sheley  informed the court he had changed his mind and decided to accept Public Defender James Harrell as his attorney in the jail assault case....geesh.... 

He is, He isn't...

At a case management conference on September 8, 2009, after James Harrell filed a motion for a continuance, Sheley presented a prepared statement to the court, he said,“At this time, I’m going to challenge the effectiveness of my counsel.” Sheley went on to say he was dissatisfied with his counsel’s direction and wanted nothing to do with the motion considered at the conference, which was to delay the trial’s beginning to give the defense more time to look at the state’s evidence.“If my counsel makes an error, I suffer the blight, I do the time. I do not need a continuance,” said Sheley. This time around the court denied Sheley's latest request to represent himself based on the court's finding that Jim Harrell was providing effective counsel and given the previous mental health examinations as well as the fact the outcome of the battery case may be allowed into the trial for the 2008 murder case it would be improper to allow him to represent himself.

He is, he isn't...

As it turns out, Nicholas Sheley did get his way and got rid of James Harrell....at least for the murder case. In January 2010 the Public Defender filed and was granted a motion to be released from the case, citing  a “total breakdown in the attorney-client relationship” that would prevent him from effectively representing the defendant.(This was shortly after Sheley's conviction on the battery charges. IMO, Harrell did the best he could with that case given the fact the state presented a video of the Knox County jail incident.) At the same hearing, Judge James Stewart appointed Jeremy Karlin as lead attorney and Anthony Vaupel (another private attorney) was added as co-counsel to Jeremy Karlin. Vaupel remained on the case until March 2011 when the death penalty was abolished and Sheley was no longer entitled to 2 attorneys. As I mentioned earlier, John Hanlon left the case at this time as well........leaving  Jeremy Karlin alone to represent Nicholas Sheley...but not for long.....

~ He wants to represent himself round four ~ 

March 29, 2011  was the first hearing since the state had abolished the death penalty. John Pepmeyer informed the court  the state is filing a motion to "de-certify" the death penalty in this case, adding the death penalty is no longer an available remedy in this case. Pepmeyer also informed the court that counsel for both parties met prior to the hearing and agreed to September 19, 2011 for a trial date. When Judge Stewart attempted to confirm that date with defense counsel, Karlin replies he has no authority to set a trial date because of the document Mr. Sheley has just handed him....a 59 page handwritten Pro Se Motion that requests he be allowed to fire his attorney and represent himself. He also asked the court to block defense counsel from responding or objecting to his motion and to block any attempts at further mental health evaluation. The links to that motion can be found in my report from that hearing.,

He is....
On April 25, 2011, Judge James Stewart ruled that he would allow Nicholas Sheley to represent himself in his murder trial.Judge Stewart also set a trial date for June 20, 2011.

Before Stewart made his decision, both prosecution and defense argued against Sheley’s motion.
Defense Attorney Jeremy Karlin warned Sheley’s temper could hamper his ability to get a fair trial.
“My greatest concern, your honor, is my client’s ability to maintain his temper,” he said.
The prosecution  noted Sheley will have only limited access to certain documents necessary for his trial because he is being housed at the Illinois Department of Corrections. Sheley, for instance, doesn’t have access to a computer at the prison. Stewart concluded by saying it wouldn’t be in Sheley’s best interest to represent himself. But he added defendants have an “absolute, Constitutional right” to relieve their defense counsel and because of the ruling, Jeremy Karlin was removed from the case.

 I was on vacation much of May and June so I missed some hearings but here are links to the reports of the hearings from Galesburg.com:
Knox County prosecution requests delay in Sheley trial
Sheley trial a go, for now
Sheley trial pushed back to August
Sheley says IDOC impeding his defense
Prosecutors want Sheley returned to Knox County County spends $1,000 on computers for Sheley
Sheley, accused of murder, stays put in Joliet
I think it's fair to say the state and the county have went to great expense to ensure that Sheley was able to prepare for representing himself at trial. I'm sure they do not want to have to try this case again!

He isn't...

On July 10, 2011, Nicholas Sheley once again had a change of heart and wrote the court the following letter. I included the letter here because it is only 2 pages and speaks for itself. You can click on each letter to enlarge it.

 

 A hearing was scheduled for July 19 to decide on Sheley's request for Jeremy Karlin to be re-appointed as his counsel. During that hearing Judge Stewart said he would recognize the letter from Sheley as a Motion.

Bill Elward from the IL Attorney General's office told the court it's the state's position that this was gamesmanship. In his letter to the court, Sheley said a series of lock downs at the Stateville Correctional Center have denied him access to materials needed to prepare his case. Elward said he spoke with the

Illinois Department of Corrections and learned there was an altercation on July 8, which caused a lock down through July 11, however, it did not prevent Sheley from obtaining materials.

Elward said he had spoken with Jeremy Karlin both on the phone and in person. Elward said that Karlin told him  he could be ready for trial on August 29 if the prosecution agreed to provide a list of witnesses and evidence well before the trial, as well as advise him which witnesses prosecutors intend to call each day. Elward said the position of the state is, "If he wants to have a trial, he can have a trial. If he wants a trial with counsel, he can have one ... let's decide this issue today." 

 Judge Stewart made a comment about legal gamesmanship and case law that I didn't catch entirely, however I did hear him say that because the state doesn't oppose the request for Mr. Karlin to be reappointed, he would allow it, adding it's against his better judgement because Sheley had knowingly and voluntarily waved his right to counsel.

Jeremy Karlin approaches Nicholas Sheley and shakes his hand. As Sheley was led from the courtroom we made eye contact for a few seconds. I couldn't tell for sure if he was happy or mad....he had a look on his face much like the one in the mugshot above but his lips were pulled into a circle as if he was trying to whistle....he didn't look particularly happy. If his goal is to get to trial he should be happy....Judge Stewart said he expects a jury to be seated  and opening statements started on September 6, 2011. Ya think?

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Nicholas Sheley Murder Case - IL Governor Abolishes The Death Penalty



Nicholas T. Sheley at Pontiac Correctional Center 2011

 It has been quite some time since I have written about the capital murder case of Nicholas Sheley who is accused of killing Ronald Randall, 65, in Galesburg, IL on  June 28, 2008. I sure didn't plan to get so far behind, but Mr. Katfish has been quite ill the past several months and of course that is my main priority. I recently found out I can tap into the hospital's WiFi connection on my netbook, so here we go......

Although there have been a number of  hearings since my last report, not much happened during these hearings to actually progress this case towards trial, rather things have been pushed back...several times.  The "wheels of justice turn slowly" is not just a cliche, it's a reality. When I last wrote about this case the court was planning for the trial to start in early 2011. Now we are looking at the Summer or possibly Fall of 2011 before this trial gets under way.


When I started writing this post back on February 5 (after attending a hearing on the 4th), I had planned to try and work backwards to catch up on this case but it's just not going to happen. I'll just pick up from the most recent development that effects this case, and it's a big development ! On March 9, 2011, Illinois Governor Pat Quinn signed legislation abolishing the death penalty in Illinois, more than a decade after the state imposed a moratorium on executions out of concern that innocent people could be put to death by a justice system that had wrongly condemned 13 men. Quinn also commuted the sentences of all 15 inmates remaining on Illinois' death row. They will now serve life in prison with no hope of parole. I'll address the effect of this legislation on Nicholas Sheley's case in this entry.

For readers not familiar with this case, Nicholas Sheley is accused of killing eight people ( including Randall ) in a week long killing spree during the last week of June 2008.  Five of the other seven people were killed in Whiteside County, IL, a 20 year old woman, her 2 year old son and three men ages 25, 29 and 93. (Whiteside County is where Sheley is from.) An  Arkansas couple, both age 54,visiting the St. Louis, MO area were Sheley's last 2 (alleged) victims and were killed in Festus, MO. You can learn more about the week of Sheley's alleged killing spree and the weeks leading up to to it by clicking here to see an early post titled " Sheley's Trail of Terror".

With the death penalty abolished in IL, the maximum penalty Nicholas Sheley (if convicted for the death of Ronald Randall ) can face is a life sentence without the possibility of parole (LWOP).  From what I understand, the trial should start sooner, be shorter and less expensive (if convicted, no penalty phase to decide the death penalty).


Nicholas Sheley's defense most likely will consist of one lawyer instead of the three or four he has now. Jeremy Karlin is lead attorney on Sheley's defense team and would remain so. I'm not sure if the Office of the IL Attorney General would still assist the prosecution of this case, but wouldn't be surprised if they did because of the gravity of the alleged crimes. 

Because this is a capital case, Knox County has not been responsible for the costs of this case, funding has come from the Capital Litigation Trust Fund, that burden will now shift to the county and the unspent money in the Capital Litigation Fund will be reallocated to pay for services for victim’s families and law enforcement training.


In the mean time this case is status quo and will proceed as a death penalty case until the new legislation takes effect on July 1, 2011,  unless the state files a motion to withdraw the death penalty before then.
As of the February 4 hearing the next scheduled hearing in this case is a case management hearing on March 29, 2011. We should learn more then.

A final note, Missouri has not abolished the death penalty, so Nicholas Sheley may still face death if he is convicted for the deaths of Tom and Jill Estes.....whenever his case makes it's way there.

Galesburg.com

Chicago Tribune



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Joshua Sheley Has 6 Hour Standoff With Police- Updated x 3

Third Update 7/22- attorney change and another continuance at bottom

Second Update 7/17- preliminary hearing details, below 1st update at bottom.

Updated 7/10 - Joshua Sheley appeared in court on 7/07, details at bottom.

Whiteside County Emergency Response Team members escort Joshua J. Sheley, 32, into a police car at 7:15 p.m. (David Rauch/drauch@svnmail.com)

It has been brought to my attention that Joshua Sheley has been arrested again in Whiteside County, IL.

Joshua Sheley 32, of Sterling, IL was arrested on some outstanding warrants that were issued in Whiteside County on May 21, 2010. I'll get into more about the warrants and the current charges pending against Sheley in a minute.

First, I want to discuss how he and another man, Matthew Simmons, 25 were both apprehended at about 7:15 pm on Monday, July 5, while LE was searching for an attempted robbery suspect. Simmons was arrested on an outstanding Whiteside County warrant for probation violation. 

At about 12:25 pm on Monday, July 5 an attempted robbery at a local Citgo station was reported to the  Sterling police. The QC Times reports that a canine unit used during the search led police to Sheley's home at 905 2nd Ave, Sterling. Shortly after 12:30 pm on the 5th, Sterling police began knocking at the door of Josh Sheley's home, looking for him and one other possible suspect.Police say they talked with a woman with two children. She told officers no one was home, but officers could still hear someone inside. Police then obtained a search warrant and brought in the SWAT team as backup, unaware if the suspects had a gun.

Witnesses tell WQAD News 8 the police with high powered riffles surrounded the area for a block and a half. For the next four hours, police tried to communicate with Sheley and Simmons without any change. Officer eventually shot 20 to 30 rounds of tear gas through windows. Finally around 7:30pm Monday night, the SWAT team entered the house and found both men hiding huddled in a closet. Sheley and Simmons were arrested about seven hours after police first knocked on the door.

The investigation into the attempted armed robbery at the Citgo station continues. Authorities said at this point Josh Sheley does not fit the description of the suspect. So far there is no official word if Simmons fits the description; however, I did see a comment by someone who used the hat-name ignorrance and identified herself as Simmon's sister over on Topix . Part of her comment said, "matthew doesnt fit the description of the attempted robber at citgo, he is BLACK obviously the man was white or they wouldnt have even considered josh a suspect so matthew is totally out of that now when it comes to probation violation okay ignorrance on his part." (c&p as written)

I saw a news clip of the security video of the attempted robbery and the subject appeared completely covered to me, even his face. Identification will likely depend more on height, weight, and clothing....maybe voice. Even if neither man ends up charged for the robbery, it isn't clear whether there will be any charges related to the stand-off.

For those of you not familiar with Joshua Sheley, he is the older brother of Nicholas Sheley, 30,  who is charged with the deaths of 8 people  in connection with a week-long killing spree in June 2008. Katfish ...ponders has reported extensively on the murder and assault cases involving Sheley in Knox County.
Click here to see previous Nicholas Sheley related entries ( newest to oldest dating back to August 2008 ).
Nicholas S. is serving a seven-year sentence in the Pontiac State prison  for an assault he was convicted of committing against the staff of the Knox County Jail, where he was being held following his arrest in July 2008. Nicholas Sheley is expected to stand trial in Knox County sometime between February and May of 2011 for the murder of Ronald Randall,65, Galesburg, IL. If convicted he may face the death penalty.

Josh Sheley was charged with concealment of a homicide and obstruction of justice in connection with the first of the murders his brother Nicholas is charged with committing, that of Russell Reed, 93, of rural Sterling. Two other people were also charged for concealing Reed's death, the charges were dropped for one person and the other, Eric A. Smith, 30, of Rock Falls, was sentenced to 6 years in prison for hiding a gun and ammunition police say was stolen by his cousin, Nicholas Sheley, in late June 2008. Smith, pleaded guilty to one count of possession of a firearm by a felon in December 2009 and for testifying against his cousin, Joshua Sheley, a couple charges were dropped.

Josh Sheley spent from July 2008 until December 2009 awaiting trial in Whiteside County jail, before he was acquitted on both charges of assisting his brother Nick to cover up Russell Reed's murder by Whiteside County Circuit Judge John Hauptman, after a three-day bench trial

Hauptman stated in his controversial ruling that prosecutors proved that Joshua Sheley’s brother, Nicholas Sheley, played at least some part in the June 2008 killing of 93-year-old Reed. They also proved Joshua Sheley likely had knowledge of it, he said. But the judge said the state had not proved that Joshua Sheley took any action to cover up the crime. As frustrating as that verdict was for so many, if Joshua Sheley did indeed take action to cover-up Reed's murder, he can't be tried on those charges again, so it's left up to Karma and God to deal with him for that now. Of course, if Josh Sheley didn't take action to help his brother Nick, he shouldn't be crucified for his brother's sins either. Having said that, it appears that Joshua, like his brother, has temper and impulse control issues that can cause a lot of trouble; so it's not surprising that he has landed in jail again.

When the Sheley brothers  were arrested in July 2008, Joshua Sheley had only been out of prison for a couple months. He has managed to stay out of jail the last six months , but that doesn't mean he hasn't been (allegedly) misbehaving. The outstanding warrants he was just arrested on are 2 counts of aggravated fleeing or eluding a police officer. They are both class 3 felonies. I think the bond is $100,000.....so he needs $10,000 to bail out.
On March 19 this year Josh Sheley was ticketed for transportation or possession of alcoholic liquor in a motor vehicle. He pled guilty and was fined on April 29, 2010.  Evidently police saw Sheley driving on May 20 with a revoked drivers license, when they attempted to stop him he fled. The warrants were issued the next day, but it seems he wasn't caught until July 6 after the 6+ hour stand off. I have seen it reported in the media that the $100,000 warrant was for failure to appear for a felony, but the Whiteside County website shows the warrant being 2 counts of aggravated fleeing. ????. I  will try to find out more of the specifics.
If convicted as charged a class 3 felony is punishable by Up to a $25,000 Fine and/or 2 to 5 Years in prison for each count. My guess is some of this could end up reduced, but we still don't know if there will be charges for the stand off or attempted robbery. I wouldn't rule out either one just yet.

Sterling police are asking that anyone with information about the attempted robbery contact the Sterling Police Department at 815-632-6640 or Whiteside County Crimestoppers at 815-625-7867.

Update- 7/10

07/07/2010
Defendant in court. Advised of rights & bond. Public Defender appointed. Preliminary hearing scheduled for 7/15/10 at 1 p.m. CMP

07/08/2010 Appearance by Public Defender filed. Speedy Trial Demand filed. 2nd Update- 7/17 07/15/2010- Preliminary hearing- Judge Michael R. Albert Defendant in custody assigned Public Defender (PD) Fagerman. People represented by Assistant States Attorney (ASA) Brozovich. On Defendants motion, without objection by the state, case continued for preliminary hearing 7/22/10 at 1:00 p.m.before Judge Stanley B. Steines 3rd Update- 7/22 07/21/2010  Appearance, Consent and Substitution of Attorney filed by Attorney Jan Buttron. Statement in Support of Rule 18 fees filed. Motion to Continue filed. Notice of Filing filed. 07/22/2010  Defendant in custody appeared with Attorney Jan Buttron. People represented by ASA Costello. On Defendant's motion, preliminary (again) continued to 8/19/10 at 1 p.m. before Judge Michael R.Albert  Quad City Times

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Two Years Gone, But Not Forgotten

This post is in memory of eight people, ranging in age from two to ninety-three years old, who were killed two years ago this week. When these people died they were going about their everyday lives, they weren't committing crimes or engaging in risky behavior, they just happened to be in the wrong place at the wrong time. This could have just as easily been you or me, or someone we love.

All eight were killed in an alleged week-long killing spree that spanned Illinois and Missouri. One person has been charged for all of their deaths, but this post is not about him. When these cases go to trial, as is often the case in our legal system, the eight people will be memorialized as victims. I want to share a little bit about who each of  these people were when  they were living, the way they should be remembered.

I found most of the information for this post at a website for The Major Case Squad of Greater St. Louis although this story was originally published in the St. Louis Post Dispatch (online edition), on July 04, 2008. I listed the people in the order (by day) that they are believed to have been killed, even though all but Mr. Reed were found on the same day.

Russell Reed
Found June 26, Sterling

Nearly every morning, 93-year-old Russell Reed drove his Buick 10 miles from his farm outside Sterling, Ill., to the town hangout, the Red Apple Restaurant. He always sat in the same booth, between the cash register and the pie safe. :)

Reed farmed and lived on the same land for 70 years, and he and his wife Evelyn reared two sons, Lyle and Donnie.

Reed liked the outdoors and gardening. He didn’t bother to use the few working locks on his century-old farmhouse. “It wasn’t important to him,” Donnie said. “At his age, with his mentality, why would you have to?”
 

*********************************************************************

Ronald Randall
Found June 30, Galesburg

Ronald Randall, 65, known as “Ronnie,” worked at the Maytag refrigerator plant for nearly 31 years before retiring in 2004, when the plant was closed. He has one daughter, Cari and three sisters.

 He loved the Dallas Cowboys and enjoyed playing paintball. 

Randall was known for decorating his yard  with lighthouses. Shortly before his death, he told friend Connie Clague of bigger plans.“He found a carpenter who was going to build a 6-foot lighthouse for his front yard,” Clague told the Galesburg Register-Mail.

“He was just a wonderful person,” Clague said.

********************************************************************* 

Brock Branson
Found June 30, Rock Falls

Brock Branson, 29, loved life on the road. He had been a trucker for five years, running routes between Illinois and California, said his mother, Connie Branson.

“He didn’t want to feel tied down to a job,” she said. “It was kind of a freedom thing.”

At a Utah truck stop, he met a cashier named Kilynna Blake. He moved to Utah to be with her and her toddler son, Dayan. In April, they moved to Rock Falls, Ill., to be closer to Branson’s family and
his daughter, 10.

They rented an apartment and talked about marriage. Branson took a job as a roofer to have more time with Kilynna and Dayan. 

“He was really getting it together,” his mother said. “We were really proud of him.”

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Kilynna and Dayan Blake

Found June 30, Rock Falls

Kilynna Blake, 20 - Ki to her friends -  was the life of the party, said her sister, Gleniecia Lewis.

Kilynna gave birth to her son Dayan, at age 18. She had to quickly adjust to being a single mom but managed it with grace, Lewis said: “We all knew she was going to be able to handle it herself.”

When she met Branson at a southern Utah truck stop, Lewis was skeptical of her sister’s new beau. But Branson won her over. “He was just a sweet guy. He was different than anyone else,” Lewis said. “I could tell they were going to be good for each other.”

Dayan Blake, son of Kilynna Blake,  celebrated his second birthday in his new home in Rock Falls shortly before his death. He was growing closer to his mom’s boyfriend and had recently started calling Branson “Dad,” said Branson’s mother.

“He was a happy boy,” said his aunt, Gleniecia Lewis. “He was always running around, wanting to do this, this and this all at the same time.”

Daniel Jones, Dayan’s father, told The Salt Lake Tribune his son’s death, “has left me in a daze.”
 

*********************************************************************
 

no photo available

Kenneth Ulve
Found June 30, Rock Falls

Kenneth Ulve, 25, grew up in Milledgville, Ill., about 20 minutes from the apartment where he was killed.

Described as “the kind of kid who kept to himself,” Ulve continued his family’s carpentry tradition, said his uncle, Rick Ulve.

Ulve enjoyed spending time with his toddler son.

A roofer, Ulve was living temporarily with Branson and Blake. He was days away from moving to a new place, his uncle said.

“He was just a nice kid who was in the wrong place at the wrong time,” Rick Ulve said.

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Tom and Jill Estes
Found June 30

Tom and Jill Estes, both 54, married 35 years ago in St. Louis. They have family in the St. Louis area, but built a happy life in Sherwood, Ark., a suburb of Little Rock.

He worked for the Union Pacific Railroad. She worked with special-needs pupils at an elementary school. Together, they groomed their immaculate front yard.
 

After retiring, they wanted to travel more in Tom’s red 2007 Corvette.

“They were a happy little couple who enjoyed each other’s company,” said Kristine Rodgers, a former co-worker of Jill Estes. They have a grown daughter and son in Arkansas, and a grandson.

“Tom was the Wizard of Oz, the man behind the curtain, who kept everything in working order,” the family said in an obituary.

Friends recall Jill Estes as compassionate to people, animals, even bugs — which she released outside. “If it breathes and moves, she was pretty much trying to take care of it,” Rodgers said. 

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Please let me know if there are any corrections or additions that need to be made to this post.         
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Sphere: Related Content

Sheley Wants To Plead Guilty To Ronald Randall's Death

Nicholas Sheley, 30, of Sterling, IL is accused of a two-state killing spree in June 2008 that left 8 people dead. He will stand trial first in Knox County, IL where he is accused of the bludgeoning death of Ronald Randall, 65, of Galesburg.

On September 29, there was a pre-trial hearing in the murder case against Sheley in Knox County. This hearing was scheduled to hear arguments about a defense motion to dismiss 16 of the 17 indictments against Sheley based on insufficient pleadings. Katfish Ponders was not able to attend that hearing, but did obtain copies of the defense motion to dismiss and the state’s response to the motion to dismiss. I uploaded the documents for those who wish to review them.

Susan Kaufman of The Register-Mail reported that defense attorney John Hanlon said the indictments need to be more specific so the defense does not have a disadvantage. The state argued it has provided the defense with more than 9,000 pages of discovery documents so neither side is at a disadvantage. “They have all the information we have at this point,” said Illinois Assistant Attorney General Stephen
Plazibat. Ninth Circuit Judge James Stewart denied the motion to dismiss charges, saying the wording in the charges was sufficient.

Kaufman also reported at the start of the hearing Nicholas Sheley said, “Your honor, I would like to change my plea to guilty.” Stewart asked if Sheley’s attorneys wanted to talk to Sheley about his guilty plea but they elected to discuss the matter after the hearing.Stewart said Sheley, accused of the bludgeoning death of Galesburg’s Ronald Randall, has a constitutional right to revoke his not guilty plea. Stewart said Sheley’s defense must file a statement within 30 days that they have had discussions with Sheley about that decision. “If he still wants to plead guilty against the wishes of his counsel which is his constitutional right, then he has every right to do so,” Stewart said. Sheley, who has criticized the legal and judicial systems in previous court appearances, laughed out loud after Stewart spoke.

This was not Sheley’s first mention of guilt. According to a Sept. 23 Sauk Valley News report, Sheley wrote a letter dated July 25, 2009, stating he intends to plead guilty to killing 93-year-old Russell Reed of Sterling. Sheley’s brother, Joshua, is accused of helping hide Reed’s body. Joshua Sheley’s trial, scheduled to begin last week, was delayed until a judge determines if Nicholas Sheley is competent to waive his right against self-incrimination and testify at his brother’s trial.Plazibat requested Sheley’s two sealed competency exams be released to Whiteside County officials so attorneys can prepare for hearings in Josh Sheley’s trial. Sheley objected to their release but Stewart said Sheley needed to file his objection in writing.

The matter will be discussed at Sheley’s next case management hearing Nov. 6. A hearing to discuss a change of venue also is scheduled for that day. Sphere: Related Content

Updates in the Nicholas Sheley Case and His Alleged Partners In Crime

After taking a month or so break from blogging, I'm still catching up on some of the cases I have been following. In this entry I will update you on some of what's been going on in the Nicholas Sheley case, Nick's wife Holly Sheley, his brother Joshua Sheley and Joshua's girlfriend Jenna Henson, as well as his cousin Eric Smith cases.

NICHOLAS T. SHELEY
Katfishponders has been reporting the case of Nicholas Sheley. He is a 29 year old Sterling, IL man accused of a two-state killing spree late June, 2008 that left eight dead. There isn’t enough room to go into all the specifics of this case so let me refer you to previous entries and sources for this case, just click here.

I’ll give a short time line of the killing spree. It’s alleged that Sheley killed Russell Reed, 93, at his home in rural Sterling, IL sometime on June 23 or 24 and 4 days later went to Galesburg where he killed Ronald Randall,65, of Galesburg, IL at a car wash on June 28 and stole his truck.

Sheley then returned to Whiteside County that night where it is alleged he killed four people in a Rock Falls, IL apartment. Sheley allegedly attacked and beat to death two men, (Kenneth Ulve Jr., 25 and Brock Branson, 29), a woman (Kilynna Blake, 20) and Blake's two year old son (Dayan Blake) in the apartment shared by the four.

Next it’s alleged that Sheley drove Randall's truck to Festus, MO, near St. Louis, where Tom and Jill Estes , both 54, of Sherwood AR and visiting the St. Louis area, were brutally beaten in their hotel parking lot late Sunday, June 29. Randall’s truck was found abandoned in St. Louis on June 30. Sheley was later apprehended in Granite City, IL on the evening of July 1.

The first case that Sheley will stand trial is for the death of Ronald Randall 65, Galesburg, IL. If convicted he will face the Death Penalty. He is currently being held on a $10 million bond for the Capital charges and $500,000 bond related to jailhouse assault charges incurred while being held at the Knox County Jail awaiting trial.

On May 29, 2009 during a case management hearing at the Knox County Courthouse, Sheley’s defense team presented six motions citing factors relative to the constitutionality of the Illinois death penalty. Some of the motions dealt with specific language in the state statute that the defense deemed too vague. Two of the motions dealt with the possibility that a future court may overturn the death penalty in Illinois. Ninth Circuit Judge James Stewart denied all the motions stating there is no state authority to declare the death penalty unconstitutional.

I will try to do a full in the courtroom report on this hearing later after getting the motions presented in the hearing….I have a ton of notes.

At his June 2 arraignment for charges stemming from an April 17 altercation with Knox County Jailers, Nicholas Sheley pleaded not guilty and requested a jury trial. Judge Stephen Mathers will preside over this matter. A July sixth pre-trial hearing is scheduled with a possible criminal trial date of July 27. If convicted Sheley could be sentenced up to 14 years on the assault charges.

source

HOLLY E. SHELEY

On June 1, Holly E. Sheley, 31, of Sterling, IL (Nicholas Sheley's wife) was making her own appearance before a judge in Whiteside County for a bond reduction hearing. Holly Sheley has been in Whiteside County jail since early April, charged with breaking into a van and stealing CDs and other items.

While Holly Sheley has yet to be charged with anything in relation to the alleged 2008 killing spree perpetrated by her husband some evidence may have come to light that could change that.

Holly Sheley invoked the Fifth Amendment and declined to answer when Whiteside County State's Attorney Gary Spencer asked her at the bond reduction hearing whether she was aware that her DNA was in Ronald A. Randall’s truck. If true, it could be evidence that, despite what she has said, Holly Sheley was in more than phone and letter contact with her husband during his alleged 6-day, two-state killing spree last summer. Given the time line of the killing spree, above, if Holly was in the truck, it would have had to have been right before or after the Rock Falls homicides.

Holly Sheley testified that she has been diagnosed with bipolar and borderline personality disorders, is seeking help for post-traumatic stress disorder and is in counseling for alcohol abuse. She said she would continue counseling and submit to random drug and alcohol tests if released.

Her attorney, Whiteside County Public Defender Bill McNeal, said that $250,000 bond is excessive and “beyond her means” and asked that she be released on a recognizance bond. Circuit Judge John Hauptman denied the request.

After the hearing, Spencer declined to say what type of DNA evidence was found, or give any other specifics, citing state Supreme Court rules that prohibit him from commenting on pending cases.

source

JOSHUA SHELEY, JENNA HENSON AND ERIC SMITH

pictured Eric Smith and Joshua Sheley
Three alleged accomplices in the murder of Russell Reed, 93, of Sterling were indicted by a grand jury in Whiteside County July 16, 2008. Eric Smith, 28, of Rock Falls, Joshua J. Sheley, 30, of Rock Falls and Jenna Henson, 20, of Sterling, were charged in connection with helping accused murderer Nicholas T. Sheley, 28, of Sterling, conceal Reed's death.

Smith was charged with one count of being an armed habitual criminal, which carries six to 30 years in prison and two counts of unlawful possession of weapons by a felon which carries three to 14 years in prison.

Joshua Sheley was indicted on one count of concealment of a homicidal death, which carries two to five years in prison, and one count of obstructing justice, which carries one to six years in prison.

Henson, Joshua Sheley's girlfriend, was indicted on two counts of obstructing justice, and faces up to three years in prison. Here is the most recent activity related to their cases:

Joshua Sheley and Jenna Henson

Joshua Sheley, the brother of spree-killing defendant Nicholas T. Sheley, will be the first person to go to trial in connection with the death of 93-year-old Russell Reed, Sterling. Reed was the first victim in the 2008 killing spree.

Joshua Sheley, 31, waived his right to a trial by jury and instead will have a bench trial starting Sept. 23. The trial is expected to last at least 3 days.

During a bench trial, a judge alone hears the evidence and renders a verdict.

Joshua Sheley faces two charges: concealing a homicidal death, which is punishable by up to 10 years in prison, and obstructing justice, which carries a prison term of up to 6 years.

On June 24, Joshua Sheley allegedly called Jenna Henson, 21, and asked whether he could park a 2003 Buick Century in her driveway. Russell Reed, the owner of the car, was discovered 2 days later in the trunk of his car in Henson's driveway.

The next day, the Sheley brothers and Henson allegedly drove to Chicago to throw away a pair of bloody shoes. Joshua Sheley told his brother he was “going to get him out of trouble,” according to court documents.

Henson is charged with obstructing justice for allegedly telling police that she knew nothing about Reed’s car being parked in her driveway and that she had not seen Nicholas Sheley in 5 years.

source

Eric Smith
Eric Smith recently gave an interview at the Morrison jailhouse visiting room that was published in the SaukValley News. I'll just post a copy of that report as it appeared(although a correction later published was inserted) on saukvalley.com :


Sheley Co-defendant Speaks Out
by SAM SMITH

MORRISON – Eric A. Smith, the Rock Falls man once accused of helping his cousin ditch the blood-soaked shirt said to have been worn during the first of eight rampage killings committed nearly a year ago, says he did nothing wrong.

If anything, the lifelong criminal and self-described gang member believes he should be commended for leading detectives to the bloody clothes left on his front porch and to a stolen gun investigators believed could help them ID the killer.

From behind the thick glass of a Morrison jailhouse visiting room, Smith said he feels duped – told that cooperation would guarantee his freedom, then tossed into the justice system grinder because authorities were embarrassed that their primary suspect, Nicholas T. Sheley, was free on bail.

“I want somebody to tell me what I’m doing here,” he said. “They told me I was doing the right thing. ... I was under the [impression] this was helping their case with Nick – not me.”

Smith has been locked up since June 27, when he turned himself in for questioning in connection with the murder of Russell Reed that his cousin Sheley now stands accused of committing during a 7-day, two-state killing spree.

Obstruction of justice charges alleging Smith helped Sheley cover up the murder have been withdrawn, but the convicted felon remains in jail for possession of the Rohm .22 caliber revolver police say Sheley stole during the first 3 days of his alleged spree.

If convicted on the three gun counts, Smith faces 10 to 40 years in prison.

“I’m not scared of prison. I’m not scared of [expletive]. If I’m guilty, come on with it – I’ll do my time,” Smith said. “But I’m not going down for something I didn’t do.”

The obstruction charge was dropped shortly after the Illinois Attorney General’s Office joined the team of prosecutors handling the case.

A spokeswoman declined to say whether the AG’s office asked to have the charge dropped, citing a Knox County judge’s gag order on the Sheley case there in declining to discuss Smith’s prosecution here.

“As you are aware, there is a gag order on the case,” spokeswoman Natalie Bauer said. “And in any case we cannot discuss prosecution strategy.”

Whiteside County State’s Attorney Gary Spencer also declined to comment on the Smith case.

“Thank you for your questions, but as you know, I am not able to discuss pending cases,” Spencer wrote in response to an e-mail.

SMITH TURNED HIMSELF IN June 27, the same day police folded him into a statewide manhunt for Sheley.

“I talked with my family – my mom, dad and grandma convinced me, ‘If you didn’t commit no crimes, turn yourself in.’”

The saga started 4 days before Smith walked into a frantic Rock Falls Police Department.

That’s when, according to law enforcement, Sheley killed 93-year-old retired farmer and widower Russell Reed, hitting him in the head with a blunt metal object in his own rural Sterling farmhouse.

Three days passed before anyone knew Reed was dead. With Reed’s body in the trunk of his own 2003 Buick Century, Sheley went to Smith’s Rock Falls house and asked for a shower and a change of clothes, Smith said.

“I didn’t ask no questions. He’s family, you know?” Smith said. “He left the bag [of bloody clothes] on the picnic table out front and left. ... He didn’t say nothing.”

Smith said he didn’t know about the body and didn’t know Nick was a murder suspect until the two returned from Chicago and saw that police were looking for him, as well.

On that trip, investigators have said, Sheley ditched some evidence before buying drugs and coming back to Rock Falls.

“I thought we were going to party,” Smith said. “Nick never mentioned nothing.”

AS SMITH DESCRIBED the feeling of being locked up with no idea why, he started to speak with more body language.

His thick arms spread out. He inched forward in his seat. His deep brown eyes widened.

“I feel for the victims. Don’t get me wrong: I tried to help the Reed family. I tried to prevent the alleged Brock Branson murders. ... Every question they asked, I answered.”

The victims’ families “come to court and sit behind Gary Spencer. What is that? He’s the one who let Nick out on an I-bond” – slang for the no-money-down bond Sheley was free on at the time he is alleged to have committed the eight murders.

“No one’s taking responsibility on that end,” Smith said. “Spencer was so worried about going after some black guys from Chicago that he let his time get away from him.”

Smith was referring to the Illinois law that says suspects cannot be held more than 120 days without being brought to trial.

Sheley was charged, but never prosecuted, for allegedly forcing his way into the home of a 98-year-old Sterling woman and ordering her to write checks in his name.

Smith said he knew about the alleged home invasion and always thought it was strange that Sheley, a man with a lengthy rap sheet, was walking the street without bail.

During the 3 days of interviews, detectives “started grilling me about these alleged Branson murders. ... I didn’t even know they happened until detectives told me about them. I was in jail for 3 days,” Smith said.

Court records show that an arrest warrant was signed at 10:25 p.m. June 27, about 4 hours after he surrendered.

Leading the sheriff’s investigation was Whiteside County Detective Robert Luyando, a 38-year-old championship weightlifter suspended without pay in December after being charged with domestic battery in Lee County.

Prosecutors dropped the charges in April, but Luyando still must face the Whiteside County Sheriff’s Merit Commission on charges stemming from the Lee County case, as well as charges of insubordination. A hearing date has not been set.

After the questioning, Smith was sent back to the Illinois Department of Corrections for 10 months on a parole violation. He said it was for a failing a urine test because of the drugs he took while in Chicago.

Smith is no choirboy: At 29, he’s already been sentenced to a total of 26 years in prison. His first incarceration was 2 years in juvenile detention for aggravated battery. Since he turned 18, the longest he has been a free man is 9 months.

He prides himself on the street gang code of silence. “My life is in danger cooperating with these people [investigators].”

AT HIS MOST RECENT hearing, Luyando testified that Smith cooperated fully with investigators.

After he turned himself in, Smith was interviewed three times by Luyando and another investigator. He told them he had the .22 caliber revolver and .22 ammunition. Investigators say Sheley stole the revolver from a house in Rock Falls after Reed’s body was found.

A grand jury handling the case dropped the obstruction charge and instead indicted Smith for being a felon in possession of guns and ammo.

When asked by a grand juror why Smith would reveal such incriminating evidence, Luyando said Smith waived his right to an attorney, cooperated with police and revealed where the guns were.

Most of the evidence to obtain a bill of indictment against Smith came from Luyando’s testimony, argued his attorney, Theron Burrall.

In his motion to dismiss, Burall alleged “perjured grand jury testimony” from Luyando.

More than that, Smith said Luyando offered him a deal: Tell us where the gun and clothes are, and you can walk.

Smith says he still wonders what happened.

So readers, a couple questions....Do you think Holly Sheley will or should be charged with anything related to the deaths in Rock Falls? Do you think Eric Smith was "wronged" by law enforcement? Should the police be able to lie to a suspect to get cooperation? Do you notice any similarities in the "tone" of Eric Smith's jailhouse interview and Nicholas Sheley's jailhouse interview....for that matter Holly Sheley's jailhouse interview and letter to Sauk Valley News? I look forward to hearing your thoughts. Sphere: Related Content

Grand Jury Indicts Nicholas Sheley In Jailhouse Incident And Coverage of Last Week's Case Management Hearing

Nicholas Sheley, an accused spree killer, has been held in the Knox County Jail in Galesburg, IL awaiting trial, since last July. He is facing a 17 count indictment in connection with the death of Ronald Randall. He is just one of the eight people Sheley is accused of bludgeoning to death during the 2008 two-state killing spree. Sheley has been held on a $10 million bond. I attended a case management hearing last week in the murder case and will report on that later in this entry.


Katfishponders reported earlier, that Sheley was involved in an incident at the Knox County Jail on April 17, that resulted in five new charges being filed. The three counts of aggravated battery and one count of criminal damage to property allege Sheley broke apart a metal chair and threw the legs at peace and correctional officers causing them injury. Sheley also is accused of punching a correctional officer resulting in the aggravated assault charge. Bond for the new charges was set at $250,000.


Knox County State’s Attorney John Pepmeyer and Illinois Attorney General Lisa Madigan announced Tuesday, May 12, that a grand jury indicted Nicholas Sheley on three counts of aggravated battery, one count of criminal damage to property and one count of aggravated assault. The indictment supersedes the charges previously filed against Sheley on April 23, 2009.


The next hearing scheduled for these charges is May 15 before Associate Judge Dwayne Morrison. The judge is expected to rule whether he will allow Sheley's motion to represent himself on these charges. If found guilty of the assaults Sheley could serve up to 14 years.


Sorry to take so long to report on the case management hearing that took place on May 5 in the murder case. The hearing itself only took fifteen minutes but I have been quite busy.....here is a summary of the hearing:

When I pull up to the courthouse it's already 1:23 and there are no parking spaces open in front. I find a spot on a side street but had to parallel park.....grrr....I can't be late, they won't let you in once Sheley is in the courtroom. Whew, I got parked on the third try. Did I say I hate parallel parking? Anyway, the hearing is supposed to start at 1:30 so I rush up to the courthouse doors.

Luckily there is no one in front of me going through security. The courtroom for this hearing(pictured above) is on the second floor so I head up the stairs as fast as I can. When I reach the courtroom doors a Sheriff's deputy stops me and asks who I am and why I'm here ( lol, where has he been the last 10 months) I give my name and tell him I'm blogging this trial so he waves me in.


As I enter the courtroom it's just about 1:30. There's no sign of Sheley but Sheriff David Clague is seated so Sheley is in the building. Three members of the victim, Ronald Randall's family are here and seated in the front row on the prosecution side, we smile and wave. Shirley Pringle, the Knox County victims rights advocate, is sitting with them. She attends almost every hearing and is a great asset to the court system here in Knox County. There is a woman that I haven't seen before sitting behind them and they are talking.


I sit in the second row on the defense side (closest to the doors) behind the accredited press seats. There are 3 reporters here today. Susan Kaufman from the Register- Mail is always friendly so I take the seat behind her. She and I visit a bit and two women and a man come in and sit behind me. They are affiliated with the defense counsel in someway.


At 1:35 the attorneys for the state come into the courtroom and take their seats. States Attorney John Pepmeyer and two attorneys from the Illinois Attorney General's office, Bill Elward and Steve Plazibat, are here today. At 1:40 Public Defender James Harrell, court appointed co-counsel Jeremy Karlin and John Hanlon enter and take their seats at the defense table.

Next Nicholas Sheley is brought into the courtroom by a group of deputies. As usual, he is fully shackled, dressed in the orange jailhouse garb with white socks and orange sandals. I just saw him yesterday at the hearing for the charges related to the jailhouse incident but I notice two changes right away, he is wearing glasses (must be readers) and his head was bald yesterday but already is showing growth today. He takes his seat without looking around.


Ninth Circuit Judge James Stewart enters and the hearing begins. Stewart brings up a defense motion for discovery. Karlin says they will have their defense motion for discovery at the next hearing on May 29 and then will set dates for defense disclosures.

Pepmeyer asks that the record reflect the people's disclosure to defense. The disclosure is a final list of the state's discovery and witnesses. He gets up and hands a copy to the clerk and a copy to the defense. Elward stands and says the hearing on May 29 is the state's deadline for discovery. Judge Stewart comments that neither side is ready to provide a certificate of compliance.


Elward informed the court all statutory aggravating factors have been disclosed up until a jailhouse incident involving Sheley on April 17, adding the evidentiary phase aggravating factors relating to the incident will be submitted by May 29.


Judge Stewart asks the state if all DNA testing is completed. All three at the prosecution table confer and Elward rises and says the disclosure filed today has most of the 417 but the remainder of the testing should be completed by May 29. Stewart asks if there will be any other testing and the state says no.


Karlin stands and says something about the depositions of the state's experts. Stewart asks if the defense has provided access to their experts. Karlin says not until all of the discovery is disclosed.Judge Stewart wants to set a time frame for deposing the experts and says he would like written interrogatories of the experts opinions by May 29 or soon after, not their final decisions but wants to avoid duplications and the interrogatories would help with that.


Plazibat says tomorrow is the date for filing responses to motions but they are not filing the change of venue response by May 29 because of other issues. Karlin responds the state said they had no objection to delaying the arguments for the change of venue motion. Karlin says polling of other counties that could possibly host the trial instead of Knox County hasn't been completed. Guidance for polling questions hasn't been completed.

The defense entered the change of venue motion in March, claiming Sheley could not get a fair trial in Knox County because of extensive pre-trial publicity.


The constitutionality of the death penalty, a possible punishment if Sheley is convicted of killing Ronald Randall, will be argued May 29.


Stewart states that an order will be submitted memorializing what has been done. At the May 29 hearing he will schedule another case management hearing. Right now we are just advancing the case. And court was dismissed.


The trial is tentatively set for Summer 2010. The 17 charges against Sheley, in connection to Randall's death, include 10 counts of first degree murder, two counts of aggravated kidnapping, two counts of aggravated vehicular hijacking, one count of armed robbery, one count of robbery and one count of possession of a stolen vehicle.

Sheley also faces 15 counts of first-degree murder in the deaths of four people in Rock Falls, IL and is charged in the deaths of a 93-year-old Sterling, IL man and an Arkansas couple killed in Missouri. Those trials will follow this trial. Sphere: Related Content

Sheley Decides To Keep His Lawyers After All

The title of this entry accurately sums up the outcome of the case management hearing that I attended today at the Knox County Courthouse in Galesburg, IL. for the murder case of accused spree killer Nicholas Sheley. However, it only describes the final 10-15 minutes of the approximately 90 minute hearing. Never the less, for the sake of being thorough I will present an “in the courtroom” report for the entire hearing.

I made my way up to the 2nd floor courtroom at 1:00 for the case management hearing that is scheduled to start at 1:30. The only people in the courtroom, besides court security, are the family of the victim in this case, Ronald Randall. They are seated in the front row on the prosecution side of the courtroom. I usually sit in the first seat on the center aisle, in the second row behind them where I have a great view of Sheley and can see both sides of the courtroom equally well, but today I slide all the way in to the last seat. There is a pole I can lean against and there may be a lot of people here today so I won’t need to move….yes I’m a little lazy today. LOL

At 1:15 the attorneys for both sides start to filter into the courtroom and by 1:25 both attorneys for the defense, Public Defender, James Harrell and his court appointed co-counsel Jeremy Karlin are in their seats. At the prosecution table are Knox County States Attorney John Pepmeyer; and 3 attorneys from the Illinois Attorney General’s Office, AAG Michael Atterberry, AAG Steve Plazibat, and AAG William Elward.

Whiteside County States Attorney Gary Spence enters with the prosecution team and takes a seat behind me, he will be up to bat next in the prosecution of Nicholas Sheley for the deaths of 5 people in his county. The Attorney General’s Office will also assist Mr. Spence in Whiteside County . When Sheley is done in Whiteside County he will go down to Festus, Missouri to stand trial for the deaths of a couple who were visiting from Arkansas. You can see a complete timeline of the alleged killing spree here.

There are 4 members of accredited press in the front row on the defense side today. A few more of Mr. Randall’s family have joined me in the 2nd row and a 5th member of the press takes my normal seat next to them. In the second row on the defense side are two men and a woman who are professional in appearance and seem to have something to do with the defense. I am so focused on trying to figure out who they were, I didn’t even notice Sheley being brought in…..which is kind of odd because normally even if you don’t see him in his bright orange jail garb you hear the clickety clank of his shackles….told you I am tired today… he is seated with 3 or 4 Sheriff’s deputies surrounding him.

In September , Sheley told Judge Stewart he wanted to fire his attorneys and represent himself. Sheley said he has been “blown off” by his attorneys and accused them of “fast lawyer talk” and said he wanted his lawyers to adhere to his request for a speedy trial and not their own wishes. He filed a handwritten motion (sealed by the court) that said he and his lawyers have a conflict of interest, he accused them of ineffective counsel and dishonesty. Harrell and Karlin countered there was bonified doubt that Sheley was fit to stand trial and to wave his right to representation. The Judge ordered a fitness evaluation to be done of Sheley. You can see that order here.
At a fitness hearing held December 22 ( here) it was determined that Sheley is fit to stand trial; however, Stewart suggested that the court could have additional counsel appointed to present case law to Sheley so he can make a decision about representing himself without his perceived conflicting interests of his attorneys. The issue of fitness to represent himself wasn’t determined yet either. Those issues and the state’s and defense’s response to Sheley’s motion (remains sealed ) are to be dealt with at today’s hearing.

Ninth Circuit Court Judge James Stewart enters and calls court to order. He addresses both parties about briefs that were filed. John Pepmeyer says regarding the entry issue Steve Plazibat will address…Judge Stewart interrupts and asks about the motion filed in opposition.

Jeremy Karlin says that briefs were filed specifying Sheley address the issue of self representation, he asks that an attorney be appointed so that he doesn’t have to have an attorney….either he wants one or he doesn’t. He goes on to say the 2nd point the state raises in the 2nd Supplemental Response calls for the court to meet in ex parte fashion to determine to what level of inquiry and review what has been done so far as allegation made. Allegations made don’t even rise to argument of conflict rather a disagreement between counsel and defendant and strategy. Karlin says the state and defense are in agreement on the issue that Sheley is not entitled to additional counsel.

( I will try to get copies of the Motions and Responses discussed in court today, hopefully then this will make more sense, at times the attorneys and the court seem to speak in an almost cryptic fashion, of course they know what they are referencing, we don’t. Please be aware I am summarizing their statements from my notes, when using direct quotes I will signify as such.)

Atterberry states before conflict issue, need to address issue of counsel of choice, Sheley has made unclear statements- he wants no court appointed counsel and on page 29 says limited by court order. (Sheley’s handwritten motion? This remains sealed.) Atterberry continues the state has no objection to private counsel. What is his desire?

Plazibat takes his turn….regarding the conflict issue, if Sheley’s allegation was clear and spelled out it could be determined if there is or isn’t merit, the allegations are ambiguous. Court needs to flesh out what Sheley alleges is conflict. If the court determines there is conflict, there is no objection to additional counsel being appointed.

Pepmeyer further addresses the issue of Sheley being limited by court order in seeking private counsel. The Jail Administrator at the Knox County jail has been responsible for enforcement of the gag order which requires having an attorney from the defense present before phone calls can be made. Pepmeyer presents an idea…that a private phone could be used, the number dialed, if found that Sheley speaking to other than counsel the phone could be shut down. A certain time could be set for these calls to be made. He continues that if Sheley procures a private attorney this is all unnecessary.

Karlin says that he and Harrell don’t wish to stand in the way of Sheley seeking private counsel, but stands against the state monitoring calls to an attorney, if he has the funds to hire a capital qualified attorney.

Pepmeyer asks the jail administrator (he is seated in the back row on defense side) about a time that would be preferable. The administrator says 10 or 2, not at meal times. He asks would the phone then just be turned on? He suggests a few alternatives:
Out of the pod - dial a number for him, hand him the receiver, therefore not listening to the call. In the pod - phone turned on and off.

Karlin prefers the 1st option, out of the pod. Judge Stewart says that Sheley has not been prohibited the right to private counsel. He had 90 days before the Public Defender was appointed and no attorney appeared before the court, therefore Sheley had the opportunity before he called a press conference. Stewart rules that Sheley has between 10 and 11oclock and 2 and 3oclock for the next 30 days to call any capital qualified attorney he wishes, if there is an abuse of the privilege that’s on him. He also modifies the gag order for 30 days that the defense need not be present for these calls.

Stewart says that appointing additional counsel is for the issue of conflict of interest with present counsel and allegations of ineffective counsel. Conversation with Sheley may be privileged as it may include theories of defense, so the Supreme Court rules allow an ex parte hearing (out of hearing of the prosecution and the public but still on the record). After that conversation, court will reconvene in a public way and the judge will let us know if it is necessary to hire additional counsel. Everyone but the defendant and defense counsel are asked to leave the courtroom.

While waiting in the hallway for court to reconvene I learned several interesting things. The first has to do with the young girl who was in court in support of Sheley during the fitness hearing. She isn’t here today, word is…it was heard on a police scanner recently
the police are looking for her on theft charges. Perhaps she will get to Sheley again soon. The second thing is…remember the 5th reporter in court today, who sat in my normal seat…I can’t believe I missed this but…I guess he fell asleep and was snoring, the person in front of him turned around and whacked him. LOL, he didn’t come back for the rest of the hearing….maybe he didn’t feel well, or he was afraid. jk

After a half hour or so we were directed back into the courtroom. When I made my way back to my seat, a nice couple had got there ahead of me and offered to get up so I could sit by the pole again, I took the aisle seat (I sit here most often anyway), they said are you sure….about that time the person in the first row turned to look and I said, ”I promise, I won’t snore!” all 4 of us chuckled on that.

Judge Stewart called court back to order and told the court that after a 30 - 40 minute ex parte conference with Sheley and his counsel regarding a wide range of things, including malpractice and honesty he was ready to make some rulings:

Regarding conflict of interest he finds there is no conflict.

Regarding ineffective counsel he rules there has been no ineffectiveness of counsel, all motions made have been appropriate and he feels as well that Mr. Sheley has been well represented. (I agree)
Regarding honesty, the court has been unable to find anytime that counsel has not been honest as far as intentional and knowing misrepresentation although there has been conflict regarding strategy it doesn’t rise to the legal definition.

Therefore the court will not hire an extra attorney.

Stewart then addresses the issue of self-representation, he says that trial strategies differ and the attorneys make the determination of what strategy is used unless Sheley will represent himself or hire a private attorney. If he wishes to represent himself the court will set a hearing to determine his ability to represent himself. The court acknowledges that the state may wish to depose the experts.

Atterberry brings up the recent incidents at the jail involving the defendant and asks that incident reports be submitted to Dr. Killian and Dr. Hanlan before they are deposed. He adds that reports from Harlan and Killian list certain tests that were done and the state would like the raw data from those tests in order to depose them both about the tests. Judge Stewart asks how long? Follow with another deposition in 60 - 90 days?

Karlin jumps in, in regard to the jail incident the defense wants the incident reports before the doctors see the reports. Karlin adds that he has no problem with Dr. Killian seeing Dr. Hanlan’s reports; however, the raw data may be an issue as it may be protected under statute. He adds that the defense can indicate within 10 days as to whether they object or not to the sharing of the raw data.

Atterberry tells the court he can make a formal discovery request for the raw data within a week.

Karlin asks the court for a 10 minute recess. I didn’t hear Sheley talking but Karlin says the defendant would like to speak with defense counsel. Stewart tells Karlin that shouldn’t be necessary because he plans to schedule a hearing for the raw data and won’t make a ruling on the depositions until after the raw data issue is resolved.
Harrell then apologizes to the state and the court, but they really need 10 minutes with the defendant. Judge Stewart says ok and recesses court. Sheley is lead by his entourage of Sheriff’s deputies into the witness room right behind his seat and Harrell and Karlin follow.

Most everyone stays seated except a few who dash out for a ciggy….after about 5 minutes Sheley is back out at the defense table…the judge is still out of the courtroom. Karlin goes over to the 3 people seated on the defense side in the 2nd row and says something to them and then takes his seat.
I forgot to mention one of these gentlemen actually sat at the defense table for a couple minutes before court started for the day and spoke with the attorneys for the state on the prosecution side as well. During the break earlier someone mentioned he may be a lawyer from Springfield that the court was going to appoint to counsel Sheley about the conflict issues. ???I think to myself, those smokers better hurry up with their ciggys, if the judge sees Sheley is back he may go ahead and start. Whew, they made it! LOL!

At 2:52 we are back on the record. Karlin tells the court that his client, Sheley withdraws all motions to remove his attorneys.
Elward asks the court to inquire if Mr. Sheley will try to obtain private counsel. Sheley answers, “No.”
Stewart asks if Sheley will withdraw his motion to represent himself and are these withdrawals made voluntarily? Sheley responds, “Yes Sir”
Stewart asks if he was pressured in any way? Sheley says, ”Not in any way”.
Elward asks if Sheley is taking any medication or is intoxicated by anything that would make him not able to understand his decision? I don’t hear Sheley’s reply but it must have been no because Judge Stewart then said, ”Motion to withdraw is allowed”.

Plazibat addresses the court about a Mr. Hanlon (not Dr. but Mr.) who has made an appearance and says something about rule 416. He continues about clarification needed and that someone is at odds over what the rule means. He inquired with the Chief of the appellate office and they didn’t have clarification either. The state asks the court to hold off on ruling on entry appearance. Stewart says he won’t rule until this is entered as an entry and they can enter their objection. Karlin says Mr. Hanlon has entered his appearance in regards to statutory requirements. If I find out what this is about I will leave a comment on this entry, if anyone knows please do the same…remember anonymous comments are allowed. I only ask that you supply support for any claims and respect others right to their opinion.

Stewart says that since Sheley has announced his intention to keep Harrell and Karlin on his case, the court is ready to move on to discovery and scheduling issues.
Both parties agree to set a hearing to set a schedule in 30 days. Judge Stewart said this will be a scheduling conference, not a hearing, and sets the date for that to be March 3 at 1:30. The court is recessed. I will let you know when I hear of any hearings being scheduled.
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