Jury Seated In Sheley Battery Case, Testimony begins Tuesday, September 22-UPDATED

UPDATE 9/23 Nicholas Sheley found GUILTY on all 5 counts in Battery trial! I will post an in-depth entry about the trial tonight or tomorrow.

Today, Monday September 21, was the first day of the trial for Nicholas Sheley on the charges related to an alleged incident at the Knox County jail. Sheley was indicted on three counts of aggravated battery and one count each of aggravated assault and criminal damage to property stemming from an incident at the Knox County jail on April 17, 2009. The indictment accuses Sheley of attacking correctional officers with the metal legs he took off a chair in a maximum security day area and punching a sheriff’s Deputy in the face.

Sheley has been incarcerated in the Knox County jail, awaiting trial since July 2008 for the bludgeoning death of Ronald Randall of Galesburg. That trial is expected to be held in Summer 2010.

I was in the courtroom from 9am until after 6 pm today. The day started out with Ninth Circuit Chief Judge Stephen Mathers handling a few other cases before Sheley. Because it was such a long day with a lot of repetition, I will just touch on the highlights of the day.

Sheley appeared in court for the first time since his arrest in July 2008 without the orange jailhouse scrubs. Today he wore a blue button-down shirt and khaki pants with white socks and jail issue sandals. He wore his readers most of the day as well.. I noticed they give Sheley only the guts of the pen to write with, I guess I hadn’t noticed that before because his hands have been shackled.

Before jury selection began, Sheley’s public defender, Jim Harrell, argued a motion which would bar Sheley from testifying on his own behalf. Harrell said Sheley could not intellectually or knowingly waive his right to testify or agree to testify without incriminating himself in his capital murder case. Judge Mathers denied the motion and said it was up to Sheley whether he testifies or not.

I mentioned in my last Sheley entry, after Sheley had to be forcibly removed from the courtroom after an outburst, there was concern if Sheley would be shackled during the trial. The solution they came up with seems fair to all. Before potential jurors entered the courtroom for questioning, Sheley’s hand-cuffs were removed. His legs stayed bound with a belt-like device and both of the tables where the Defense and the State sat had table skirts to hide restraints and prevent jury bias.

Forty-seven jurors were questioned in groups of six about their familiarity with Sheley and their ability to be fair and impartial, particularly given what they may have heard. A panel of 14 jurors made up of 9 women and 5 men were qualified to serve on the jury.
Testimony will start Tuesday morning at 9 am. The prosecution has eight people on its witness list who may testify during the trial. The trial is expected to go a day or two. Judge Mathers said the panel can deliberate into Wednesday evening if they wished. More tomorrow! Sphere: Related Content

KTLA Showing a Short Clip of Opening Statements In Spector Retrial

The retrial of Phil Spector started a month ago, but you certainly wouldn't know it based on news reports or lack thereof. I won't go into a rant about that, instead I'll focus on what is out there this week.

As I have mentioned before, Sprocket at Trials and Tribulations has been attending the retrial and blogging about her experiences there. She mentioned in her entry for yesterday, December 1, (day 11 of testimony) that Harriet Ryan of the LA times had attended court for a bit in the afternoon session.

Ms. Ryan did an interesting piece on the trial. I found her article here on ktla.com. More on her article in a bit, what really caught my eye was a less than 2 minute clip from opening statements on the same page as Ms. Ryan's article. Sprocket reported early on there was a pool camera in court for opening statements but this is the first I have seen of them.
I WANT MORE! Alan Jackson is so riveting and I would love to see Truc Do (prosecution co-council) in action as well. Will we get the opening statements in 2 minute increments? I wish I knew, of course I'll report if I find it anywhere. Please let me know if any of you find something as well. OK?

Back to Harriet Ryan's article, while she attended court yesterday and posted the article yesterday, it had nothing about yesterday's testimony in it. The article focuses on Spector's defense strategy this time around. Rather than try to portray Spector as a gracious and generous eccentric as the defense did in round one, Doran Weinberg paints a much different picture of Spector. Weinberg goes so far as to describe Spector as a gun-obsessed boor with a mouth filthier than a truck stop restroom and mood swings as sharp and scary as a dagger. Whew!
The point of this is to show that Spector pulls guns on everyone, not just women. The approach, his lawyer says, is the only way to combat what the defense considers the most damning evidence against Spector in the fatal 2003 shooting of actress Lana Clarkson: the testimony of five women who say he terrorized them with guns under similar circumstances. Whatever.

IMO, The testimony of Adriano De Souza (Spector’s alternate driver on February 2nd, 2003) is the most damning as it is pretty much a confession of sorts. I think the legal term is an "Excited Utterance". De Souza's testimony ended yesterday. My impression from Sprocket's report is that De Souza held up pretty well even though Weinberg did his best to discredit him. We'll have to wait and see how this jury perceives it all. There is still a long way to go and at the rate it's going this trial will probably last as long as round one.

One last thought I wanted to share. Beth Karas of InSession (CTV) has attended the trial a few days in an unofficial capacity. Beth did call in a report to Jamie Floyd of Best Defense and I thought it interesting she reported Dr. Michael Baden won't be back for this trial. Do you think his reputation couldn't withstand another "aha" moment or does Phil just not have enough money this time around? Probably both! Sphere: Related Content

Motions and Orders in case against Nicholas Sheley

I was able to get some of the motions and orders that have been filed in the case of IL v. Nicholas T. Sheley. I was happy to see that I did a pretty good job of getting down most of the information, it's more meaningful to see the actual documents with the dialogue though IMO. Now my challenge is to get them to you. I'll be honest, this is a learning curve for me....any computer skills I possess are self taught. Of course nothing is as easy as you would hope. Here is where I'm at on this:
When I scan the documents onto my computer they upload as jpg.files. Docstoc (a document holding site) doesn't accept jpg file format so I had to teach myself how to convert a jpg file into a pdf file. I used a free trial on Adobe to do it. I really need some feedback about this. This post will be a test. If I get good feedback I will purchase Adobe to do the rest. I don't want to spend the money if there isn't interest or if it's too hard for you all to access them. I haven't figured out how to upload a multi-page document as a single file (believe me, I have tried LOL). Click here for the link. As I said before, I need to hear from you people if you want to see more of the motions and orders from the court cases I follow. If you don't want to post a comment (anonymous posting welcome) you can e-mail me from my profile page (put Sheley in the subject line). Sphere: Related Content

Return of Subpoena Hearing in Nicholas Sheley Trial

Yesterday, November 19, I attended another return of subpoena hearing in the Nicholas Sheley case. Sheley 29, is accused of killing eight people in a two-state killing spree last June. Knox County, IL gets the first crack at trying Sheley in connection to the killing spree. Sheley is facing 17 counts for the death of Ronald Randall, 65, in Galesburg, IL. If convicted Sheley will face the death penalty.

I waited to post this entry until I could get copies of the motions and orders that were entered yesterday. Unfortunately, when I went to the courthouse this morning I was told the court reporter still had the paperwork, so I wouldn't be able to get copies. I was told to check tomorrow. I was a little lost taking notes yesterday because there was a lot of back and forth between the attorneys and the judge referencing the motions. I will do the best I can without them for now. If I'm able to go to town tomorrow, I will try again. I will post them on DocStock or another one of those document holding sites and post a link if I'm able to get them.

It's 9:45 a.m. when I arrive at the Knox County courthouse for the 10 a.m. hearing. When I get to the door of the courthouse I notice a Sheriff's patrol car pulling up with two unmarked cars behind it. This looks like it might be Sheley. I'm a little surprised because he didn't attend the last return of subpoena hearing(it took about 5 minutes). Perhaps there will be more to the hearing today than just return of subpoenas. I go through security and make my way up the steps to the second floor courtroom.

When I reach the top of the stairway I'm stopped by security and told I have to wait a moment. They must be transferring prisoners. This is a very old building (built in 1882-1884) and there is only one elevator and the stairway winds around the elevator shaft. It takes just a moment before I hear the doors to the elevator open and out comes Nicholas Sheley with his normal entourage of Sheriff's personnel. Once Sheley was taken into a room off of the courtroom I was allowed to pass.

When I get to the double doors of the courtroom, I see there aren't many people in the the courtroom even though there seems to be a hearing going on. I take a seat in the press section right behind a local reporter and mouth a hello to one of Ronald Randall's sisters seated over on the prosecution side of the gallery. This is a hearing to revoke the probation of a sex offender. Part of the terms of his probation was to abstain from drinking alcohol. A probation officer was testifying, followed by a substance abuse counselor. To my surprise, even though there was testimony that this young man had violated his probation by drinking and hadn't finished a treatment program, his probation wasn't revoked. I don't know the circumstances of this case so I'll reserve judgement. During the testimony, one of Sheley's defense team, Jeremy Karlin, sits in my row along with girl who looks like she could be his sister and the Public Defender's administrative assistant. The attorney looks at the clock several times, I wonder to myself if he has another appointment.

A 5 minute recess is called. The reporter I'm sitting behind turns and asks how much time I have put into my last entry, "Sheley's trail of terror. I laugh and tell her hours! I tell her part of the reason it took so long was because I tried to only include information that was reported in more than one place. She said there was one thing in my entry that may not be accurate, it has not been officially confirmed that the woman victim in Rock Falls (Kilynna Blake,20) was pregnant. I really appreciate her telling me this because I'm trying to be as accurate as possible in my reporting. If any of Kilynna's family or friends have read this, please accept my apologies. I hope reading this didn't cause any additional stress for you. I will correct the entry when I get home.


At 10:25 a.m. the Ninth Circuit Court Judge James Stewart calls court to order in the Sheley case. He tells the bailiff to have Sheley brought in. A door to my left opens and I can hear the clickety clank of Sheley coming in fully shackled with his arms full of a shuffle of paperwork. He looks pretty much the same as he did at the last hearing(Halloween) except his head is shaved close again. Usually Sheley takes a good look around the gallery before sitting, but today he just sits down. I have yet to see anyone in court on his behalf, other than his attorneys and he wants to fire them and defend himself. We'll just have to wait and see if this happens.

Judge Stewart acknowledges for the record that at the defense table is Public Defender James Harrell, co-counsel Jeremy Karlin and Sheley. At the table for the state is States Attorney John Pepmeyer, Illinois Assistant Attorney General Micheal Atterberry and Steve Plazibat, another lawyer from the Attorney Generals office.The Attorney Generals office was asked to assist with Sheley's case by Knox and Whiteside Counties.

Atterberry starts things off by telling the court the state has a supplemental motion for authorization to proceed with some DNA testing. He goes on to say they have 2 subpoenas for 417 (DNA) materials, but have reason to believe they have been returned to court.

Pepmeyer wants to put something on the record with respect to the Missouri lab supplying their answer to discovery.

Harrell says something I didn't catch ( he has a little habit of talking down to the desk, I swear it's not me.LOL)
Karlin says he has a motion for discovery.

Atterberry's response to the motion is that the people were notified by the Rockford crime lab that they had stopped testing because it may be necessary to consume all of some evidence. He asks the court to authorize the defense expert to observe the procedure. ( Judge must approve expenditures that are charged to the Capital Litigation fund.)

Karlin shoots back there seems to be some discrepancy. He goes on to say that Atterberry just said the evidence "may" be consumed and the motion says "shall". (OK, this won't be a 5 minute hearing!) Karlin goes on to say, they don't know the guidelines of labs for these type of notifications. Until their expert is able to see the 417 material they would not be able to conclude there is or isn't enough material to be divided. For example, there could be a large red/brown stain or just a nanogram which isn't visible to the naked eye. He says that even though Sheley has expressed his desire for the testing to move forward, the defense asks for a compromise, that the lab not be permitted to test until the expert is present.

Atterberry says the state is in agreement with that, but, if the defense expert is there and there is a disagreement they should turn to the court for guidance.

Judge Stewart grants the motion and says this should be obtained in a written order within 7 days.

Karlin says discovery in regard to ???? oops I missed it

Atterberry says the people's proposal, is a good use of the court's time, counsel will receive 417 material and if there is additional material they will supply it as it comes. Therefore the state asks not to deal with this motion until the defense sees the 417 and has a chance to go over it.

Karlin responds if the state is asking for a continuance, it's on their motion. It appears to him this is not really an objection to the motion but just testing to see if the defense really wants the discovery.

Atterberry says they are not asking for a continuance, another hearing can be scheduled for this discovery.
Judge Stewart asks the state to explain their objections to the motion. Atterberry says they will just take the objections in the order they are on the motion:

1. ISP Master Command QNA Manual - Atterberry states the request for the entire manual is overly broad and cumbersome and requests information that isn't relevant to this case. He says something about page 3 of the motion (sure wishing I had a copy of these motions) the people are complying to all protocol, which is the same quality standards for the entire state. Atterberry continues the state has no problem with providing manuals that are relevant to this case. Karlin confirms for the record the state's objections is the motion is overly broad, cumbersome, and immaterial.
2. Atterberry says the second request is also overly broad but there is no objection because the state has already substantially complied and will continue to do so.
3. Atterberry says the state does object to the material and item C. A job description of everyone in the chain of custody is not relevant. and...
4. 3H subsection 5 is not material or relevant to have an organizational chart for each lab.

Karlin replies the court would have been better served with an earlier response so they could have had the expert here. The intent of the motion is not to have the entire chain of custody, just from the lab. They want to be assured they have all the standard material. The reason they want an organizational chart is so they can determine who is in charge in the chain of command if there are any disputes. This is information that may lead to other information down the road. Defense is not looking for home addresses, etc....and they argue it is not over broad. They don't want the resume' of the truck driver who takes the material from the police to the lab, however; they do want the resume of the crime scene technician.

Atterberry says the Illinois Supreme Court is clear about 417 discretionary ex closures must show materiality.

Judge Stewart rules request is overly broad, requests should be made for manuals as specifically needed. 3 C. modification - denies request of curriculum other than that required by the Supreme Court. Chain of custody will be disclosed and if an organizational chart already exists he has no problem with that.

Karlin confirms the judges ruling for the record and asks for the table of contents to the manual.

Atterberry objects as this is more than the Supreme Court allows.

Karlin says 417 rule provides a minimum, not a ceiling.

Stewart says the State Police manual has protocols that have no relevance and defense must specify what it needs. With that, Stewart moves on to return of subpoenas, he asks the defense to make a record to what the defense has received. He points to a large stack of envelopes on the court reporters desk and says it's all there and there is some for the state too.

Harrell has another discovery issue, he wants to make record of what DNA the state still has to supply. He adds he hasn't received anything from the state about the "incident" at the jail but understands other clients of his at the jail have been questioned and is worried this may create a conflict of interest for him with his clients.

My notes don't say what the judges response was. I was focusing on Sheley at this point, trying to see if he was following all this. He has remained quiet throughout the hearing today and even seems a little aloof, makes me wonder if he is taking medication, he's not drowsing, just seems a little disconnected.

Pepmeyer says that all of the consumptive DNA testing is completed at the Morton lab, inclusive of all, except that found last week. The state has received all from the Rockford lab except the potential consumptive material mentioned earlier.

The judge orders that within 7 days. At 10:56 a. m. Stewart says the court will recess and reconvene in thirty minutes so counsel from both sides can go through the subpoenaed information that has come in.

Whew, this is taking a lot longer than I expected. I need some coffee. I head out of the courthouse to see if I can find some java. Ronald Randall's sisters were outside having a smoke so I stopped to talk for a moment. One of the sisters tells me that her brothers truck was a dark blue almost black instead of the dark gray that has been reported, she says it's a small thing but it bugs her because it's not accurate. I assure her I will change my entry....little things like that bug me too.

I got a parking spot right in front this morning and don't want to lose it, so I just stop and grab my purse before I head off on foot to find some coffee. The first place I saw with coffee was the Coney Island. This little restaurant has been in this spot for at least 50 years and mmmm you haven't had a hot dog until you have one of these. Since I don't have cash on me, I'm forced to order a couple dogs so I can use my debit card. LOL I couldn't have planned that better! I eat my coney dogs and head back to the courthouse.

Court resumes at 11:40 a.m.

Pepmeyer says that the Rockford crime lab complied with the 417.

Karlin agrees they received responses but doesn't agree at this point they are in full compliance.

Karlin tells the court over 60 media organizations complied with the request to submit news clippings relating to coverage of Sheley. (he named them all but I think I'll save us both from that)Four of those sent replies that information could be found on the organizations’ web sites. Over 30 news agencies had not responded to the subpoenas as of Wednesday. Two agencies filed motions to quash the subpoenas.

Judge Stewart asks Pepmeyer if he has revised the order that the court had requested changes on. Pepmeyer says no but it can be finished shortly. Stewart says he will recess the court now but he wants the order signed today so he will reconvene at 1:30 and wants both sides here.

Court went back on the record at 1:39 p.m. Everyone is back except Jeremy Karlin from the defense.

Pepmeyer submits the revised order of contributing delay. Harrell looks it over and approves it.

The court also received two notices of communication and a notice of disclosure regarding Dr. Terry Killian, the court-appointed fitness expert evaluating Sheley’s competency to stand trial and possibly represent himself. Killian has until Nov. 26 to submit his opinion as to whether Sheley has any mental or physical disability that would impair his ability to stand trial. Killian also must determine whether Sheley is able to review and organize discovery documents, think coherently and maintain focus for several hours at a time.

Sheley’s fitness must be established to determine whether he is fit to stand trial, competent to waive his right to counsel and competent to represent himself before he is permitted to fire his attorneys and represent himself.

The next hearing will be a case management hearing is scheduled for 10 a.m. Dec. 31.

Galesburg.com

Sphere: Related Content

Sheley's " Trail of Terror "entry is completed

I finished the Sheley's "Trail of Terror"entry (read below)the other day, but just realized it didn't post as a new entry even though I changed the date. This is truly the stuff that nightmares are made of ! As I stated before this is not evidence in the case, it is a compilation of news coverage about this case....from everywhere I could think of.
I plan on attending the return of subpoena hearing on November 19. Sphere: Related Content

Halloween In Court - No Tricks, No Treats

Friday ( October 31), I attended another case management conference in the case of accused spree killer Nicholas Sheley in Galesburg, IL. Sheley is facing 17 charges in the death of Ronald Randall, 65 of Galesburg. If convicted and aggravating factors are found, Sheley will face the death penalty. After Knox County is done with Sheley, he moves onto Whiteside County to face charges in the death of 5 more people there, and then....down to Missouri to face charges in 2 more deaths.

I'm not much of a "morning person"anyway, but this morning I had to push harder than usual to get myself going. I haven't slept well since I began researching the events leading up to, and a timeline of, the killing spree that took place in June. It is unsettling to go through this sequence of events and exhausting because I have tried to include info that I find from more than 1 source. I don't want to sound as though I'm complaining about the task, at all, it's just my focus has been mostly on the court proceedings in Ronald Randall's case. It's mind boggling how many lives are forever changed or ended and how harsh life can be. I will get back to work on the timeline after I finish this court entry:

When I enter the Knox County courthouse it's about 9:30, the hearing is scheduled to start at 10 am. As I make my way through security I say hello to a friend who is a bailiff and make my way up the wide staircase leading to the second floor. Oh oh, I see some of Ronald Randall's family sitting in some chairs across from the stairwell. That definitely means the courtroom isn't open yet, hope it doesn't mean the hearing is changed. (Halloween is a big deal in katfish land....I have things to get done....before the spooks come.)

After saying hello to Ronald's family, I go to the other end of the hall and peek in the blinds of the courtroom. The court reporter is setting up her stuff but the lights aren't on, so I wait. Sheriff David Clague comes around the staircase and heads up to the third floor. The States Attorney's offices are up there, probably giving them a heads up. When the Sheriff is here, it usually means that Sheley is in the building. As he climbs the stairs I see the lights are on in the courtroom and the court reporter steps out. I ask if it's OK to go in and she says sure.

I let Ronald's family know the courtroom was open and we head in. They sit in the front row and I sit on the aisle in the second row. It doesn't take long and people start coming in. Friends of Ronald go around behind me and sit at the other end of the second row. The Administrative Assistant for the Public Defender, James Harrell comes in with two men in suits, and they sit right behind me. She is wearing jeans and a thermal shirt that says" scary " in spooky lettering. I assume the guys are lawyers because one said he was going to go dressed tonight as an attorney drinking beer. I couldn't resist, I asked him, and how much of a stretch is that? He said tonight?...not much. LOL


Defense Attorney, Jeremy Karlin comes in with his laptop and gets it set up on the defense table. James Harrell sticks his head in the door and motions for Karlin to come in the hall. When they came back in, they go into the "witness" room. I see that the attorneys for the state are in there and two more unfamiliar"suits". I wonder if one of the "suits" is a DNA expert or Dr. Killian, a forensic Psychiatrist appointed by the court to evaluate Sheley's fitness? One of the "suits" is a representative of the Illinois Attorney Generals office, I have seen him in court before but I don't think his appearance has been entered with the court. It didn't take long to find out about the other guy.

Ninth Circuit Judge James Stewart enters the courtroom a little past 10 and calls court to order and acknowledges James Harrell and Jeremy Karlin as attorneys of record for Nicholas Sheley( at least until Sheley's fitness is determined). There are 4 attorneys sitting at the table for the state. First, Knox County State's Attorney John Pepmeyer, to his right Assistant Attorney General Micheal Atterberry, then the 2 gentlemen I mentioned before. It turns out they are both representatives of the Illinois Attorney Generals office as well. One of them even spelled his name twice but I didn't get it or what role they will play in this case.

Judge Stewart instructs a bailiff to have Sheley brought in.
When Sheley is brought in he appears kind of disheveled. His orange jailhouse garb is kind of wrinkled and his shirttail is hanging out. What makes that more noticeable is the white T shirt that hangs about 8-10 inches lower than the over shirt. He has a big jumble of expansion folders and stuffed envelopes in his hands. Being fully shackled he has a little trouble getting himself and the papers settled at the table....someone ( I think Harrell) helps him get sat down with the papers. He takes a good look around the courtroom and then turns to face the court.

Back to Sheley's appearance. It's kind of unusual for him to look disheveled. At the rate his hairstyles change one might even think he's a little pre-occupied with his appearance. On the other hand what else does he have to do? Today his hair is longer and slicked back like a greaser from the sixties. Not that any of this has any bearing on this case....just an observation.

Judge Stewart says that this is a case management conference. He asks the state where they are at on disclosure in accordance with Supreme Court rules.
John Pepmeyer responds the state will continue to provide supplemental discovery as they get it. There are some lab results that are expected within 14 days.
Stewart then turns to the defense. Karlin tells the court that additional requests for discovery have been made.

Judge Stewart asks the defense more specifically about complying with full disclosure and Karlin replies it will take more time. Stewart asks for a time estimate and Karlin cannot give a specific time. ( Local media reports that Sheley's defense has subpoenaed approximately 80 media organizations requesting copies of stories related to coverage of Sheley.)

The Judge then asks the State about submitting aggravating factors in relation to Supreme Court rules on Capital Litigation. John Pepmeyer responds that the State included all of the aggravating factors they intend to seek with their intent to seek the death penalty.

The Judge mentions something about disclosures again. Michael Atterberry reiterates the state is waiting compliance from the lab. There are 3 different labs evaluating evidence but they expect to comply with disclosure with in 14 days.

Things are moving quickly this morning and or I'm just slow (lol). My notes don't say who, but someone mentions there are consumptive DNA tests that aren't done yet.
( Both parties agreed in court on September 26 that the experts would work between themselves to schedule the testing. I had hoped we would hear today that they were done! )
Karlin says something about the expert they hired being a professional and has a schedule to work around. I didn't hear anyone complain about the expert but someone must have said something. Jeesh, not only am I slow today my ears are plugged too! Sorry folks.

Pepmeyer requests that the consumptive testing be done within 30 days.
Stewart says the deadline for the DNA testing will be 60 days.
Karlin then adds the state added additional consumptive tests on Sept. 26.
Atterberry responds they still expect the DNA to be done in 60 days.

Atterberry continues that the state wants to make a record of the information provided to Dr. Killian, to be used in his fitness evaluation of Sheley. They would also ask for a record of correspondence to Dr. Killian, including a record of telephonic and e-mail correspondence and a record of all discovery provided to Dr. Killian.

(An order from Judge Stewart appointing Dr. Killian required a written determination of Sheley's fitness be entered with the court by November 2 ; however, in a closed hearing on Oct. 17, attorneys for both sides agreed to change the wording of the order. The revised order wasn't delivered to Killian until Oct.29. In the revised fitness order, Killian is instructed to include an opinion as to whether Sheley has any mental or physical disability or defect that would impair his ability to think coherently, objectively and without delusions and has the ability to understand courtroom developments.)

Judge Stewart says there is a return of subpoena hearing on November 19. He wants to schedule a case management hearing for December 31, at 10 am.

Karlin says he will call Dr. Killian right after the hearing and kind of motions with his Blackberry type handheld, but then adds, if the call must be recorded it will be more difficult to communicate.

Atterberry says no, when he requested a record of telephonic correspondence he meant a log of calls, not a recording. Karlin asks Stewart if the expected procedure can be put on record.

Judge Stewart says everyone is trying to make a record, but the doctor must comply with the 30 day order. If more time is needed, the doctor needs to come to court and tell why.

Pepmeyer asks if the doctor has a copy of the order. Karlin says the doctor was sent a scanned copy of the order a few days ago, Oct.29.

Atterberry mentions there is additional discovery regarding the incident at the jail this past week, Dr. Killian should be advised of this as well. {{{{WTH ?}}}} (This is the first I have heard of another incident at the jail. Sheley had an altercation in July with another inmate and it was reported. Why is this one a secret?)

Susan Kaufman, of The Register-Mail in Galesburg, reported Sheriff Clague would not say when the incident occurred or provide any details due to the court imposed gag order.

Sheley begins conferring with James Harrell. He isn't loud, but loud enough those who are speaking are hard to hear. I feel for the court reporter today. Harrell puts his finger over the mic in front of them, but you can still hear the rumble of his voice.

Evidently Sheley wants his attorneys to address something in court for the record. (Sheley isn't allowed to address the court until his fitness is determined.) Karlin complies and tells the court that although it was the "cart before the horse here" in regards to the fitness issue, can the defendant request a jury trial. Karlin also mentions Indiana vs. Edwards- a Supreme Court case that requires a higher standard for measuring a dependants competency to be his own lawyer than to stand trial.

Karlin then asks if a different judge will hear the fitness hearing. He thinks the judge said he would do that at an earlier hearing.

Judge Stewart says he doesn't remember saying that, it would not be normal procedure to do so. He asks the court reporter if she can gather the transcripts for review, I think for the r.o.s. hearing on Nov. 19.? I have to restrain myself from saying...no,no,no...on Sept.19, he said he would have the chief judge appoint another judge for an adequacy of counsel hearing...not fitness. Yes, Pepmeyer just backed me up! They still have to check the transcript.

With that Stewart says his order will show the state has complied with disclosure per Supreme Court rule with the exception of labs. Defense unable to confirm disclosures or a date. All consumptive labs due within 60 days. Defense will supply the court with documentation of all communication with Dr. Killian. Court is recessed at 10:35 AM.

Sorry it took so long to post this....when I turned off the porch light on Halloween and headed down to my computer to post this entry, I stepped wrong and messed up my knee. Spent the rest of the weekend with my leg up. I had a Dr. appointment for today with my family doctor, she thinks I may have torn a ligament, but recommends an MRI. I'm not anxious to throw my money at an MRI just yet so I'm going to see an orthopedic. grrrr....

Sphere: Related Content

Two hearings in Nicholas Sheley case

I attended 2 hearings this week in Knox County, IL in the case of Nicholas T. Sheley, a 29 year old Sterling, IL man accused of a two-state killing spree in late June that ended in the deaths of eight people.

In Knox County, Sheley faces a 17 count indictment for the bludgeoning death of Ronald Randall, 65, Galesburg, IL. If convicted, Sheley faces the death penalty.

The hearing on Wednesday, October 15, is a Return of Subpoena hearing that's scheduled to start at 10 am. All that I know about this hearing is Sheriff David Clague has been subpoenaed to bring all memo concerning Sheley (visitor logs, phone calls, request for medical, etc.).

By the time I make my way to the courtroom on the second floor it is 9:45 already... I had to park farther away today and doesn't it figure, it's raining pretty heavy. ( I'm not whining, that's what my notes say. LOL) When I get to the courtroom, the doors are closed and it's obvious court is in session. I peak through the blinds and I can see the Public Defender, James Harrell is seated at the defense table with a guy next to him with a buzzed head decked out in his jail house orange jumpsuit. Darn, he looks like Sheley, but I'm not sure.

For a moment I'm disappointed, Ninth Circuit Judge Stewart set security rules for the hearings involving Sheley, once court starts...no one goes in or out....but then I notice who is sitting at the prosecution table. The attorney at the table for the state is an assistant states attorney that I've seen in court before. Whew! That means I can go in. The States Attorney, John Pepmeyer, is handling the Sheley case in Knox County with the assistance of Illinois Assistant Attorney General , Micheal Atterberry. Neither men are in the courtroom yet.

Ronald Randall's family is in the front row as usual. I take my usual seat in the next row. There is a dozen or so other people in the courtroom, but none are familiar. People come and go as the cases they are here for are up, until it's time for Sheley's hearing. Judge Stewart calls a recess, he says something about cooling off. Indeed the courtroom is pretty warm today. Testing out the furnace before it gets really cold? I suppose...thankfully a bailif opens a couple windows.

In just a few minutes the defense attorneys, James Harrell and Jeremy Karlin are taking their places and then John Pepmeyer comes in and sits down. When the Judge comes back in and calls court to order, he says that it isn't necessary for Nicolas Sheley to be here for this hearing and recognizes his defense counsel are here. Evidently no one for the Attorney General's Office will be here either. This should be quick.

Jeremy Karlin gives the judge a large envelope the defense had received, it contained transcripts and an audio CD of the interview Sheley gave to WQAD before a gag order was imposed by the court. Actually, it was one of the reasons the judge issued the gag order on September 24. Evidently the defense had requested these documents but they should have been sent to the court first. The judge gives them back to the defense and copies will be given to the state as well, but they won't go into the court file unless the defense or the state chooses to use them as evidence.

Judge Stewart says that yesterday, Sheriff Clague had provided the court with all jail records related to Sheley including incident reports, prisoner requests, medical reports and request log, visitor logs,written communications and memoranda regarding oral communication to or from Sheley as subpoenaed by the court.

Harrell says they will go through the reports to be sure that is everything they need. And the hearing is over.

After the hearing Wednesday, I learn that the defense has filed a motion requesting a case management hearing to clarify the scope of the fitness hearing order. That hearing is scheduled for Friday, October 17 at 11 am.

At a hearing Sept. 19, Sheley told the court he wanted to represent himself or have other counsel appointed if it can be determined his lawyers are ineffective. Sheley expressed his displeasure with his defense counsel accusing the pair of “sophisticated fast-lawyer talk.” Sheley said they were not adhering to his wishes for a speedy trial and his wishes were being “blown off as unimportant.”

At the same hearing, defense co-counsel Jeremy Karlin told the court they have doubt of Sheley's fitness to stand trial, his competency to knowingly wave his right to counsel and represent himself. Judge Stewart says Sheley must undergo a fitness hearing to determine whether or not he is fit to stand trial and can knowingly, voluntarily and intelligently wave his right to counsel and represent himself.

On Oct. 2, Dr. Terry Killian was appointed to conduct a fitness hearing on Sheley. Killian has until Nov. 2 to submit a written report that includes a diagnosis and explanation of how it was reached; a description of Sheley’s mental or physical disability, if any; and an opinion as to whether and to what extent it impairs Sheley’s ability to understand the nature and purpose of the proceedings against him. His fitness must be established to determine whether he is fit to stand trial, competent to waive his right to counsel and competent to represent himself before he is permitted to fire his attorneys and represent himself. Until his fitness to stand trial is determined, James Harrell and Jeremy Karlin remain his court-appointed attorneys.

When I get to court Friday at 10:30 for the 11 am hearing, I get a parking spot right up front! It's a typical fall day in the midwest as well, 65+ degrees, partly sunny, and a slight breeze moving the gold and orange and crimson leaves from the branches of the trees to the ground around the courthouse. As long as it's not raining I love the fall. LOL

I'm not going into all of the details of courtroom today because there isn't much that pertains to Sheley's case. Counsel for the defense and the prosecution are here. Sheriff Clague is here too, that usually means Sheley is in the building.

Ninth Circuit Judge James Stewart said the hearing was scheduled to clarify the language of his Oct. 2 order appointing a fitness expert to examine Sheley. Those of us in the court are notified the hearing will be closed to the public. I was a little surprised because I thought case management hearing are usually open hearings. The fact that this pertains to Sheley's mental health was relevant I suppose.

The hearing is held in the jury room ( for security reasons?) and is over before a some of us make our way out of the courtroom. States Attorney John Pepmeyer says that the judge said transcripts of the hearing will be made available to the media once some personal info is redacted. With that we make our way out of the courtroom.

A case management hearing is scheduled for Oct. 31. Stewart said the hearing will be open to the public.

Sheley is also charged in Whiteside County with five counts of first-degree murder in the death of Russell Reed, 93, of Sterling and 15 counts of first-degree murder for the deaths of Kilynna Blake, 20, of Cedar City, Utah - her son Dayan Blake, 2, of Cedar City, Utah - her fiancé Brock Branson, 29, of Rock Falls - and Kenneth Ulve Jr., 25, of Rock Falls. He also faces murder charges in Missouri in the deaths of Jill and Tom Estes both 54, of Sherwood, Ark.


Galesburg.com

Galesburg.com Sphere: Related Content

The grim reality of Casey Anthony's fairytale world

When I left off with my impressions of this fairytale world that Cindy and Casey Anthony have been living, it was August 29. I haven't blogged about this case since then (too frustrating!). I have been following the story and have read or watched the evidence that LE has released, much of it confirms the hypothesis posed in "The queen, the princess and the pawn", the first chapter of "The Caylee Anthony Saga".

This is a story about a struggle for control and little Caylee was often the pawn used to gain control.

Casey created the illusion that she was in control by pretending to have a job and a nanny, and"she has got it together". Cindy created the illusion of her successful mothering by accepting and perpetuating Casey's lies and explanations thereby looking like she was in control, and "she has got it together". *

In Cindy's case, she covered for Casey's behavior, because if the truth came to light, it would reflect poorly on her. While in Casey's case, Caylee was becoming incompatible with the image that she wanted to project in a culture of friends and acquaintances that hadn't yet matured to the level of placing anything or anyone above the goal of going out and partying. Add to that the directive Cindy gave her to take responsibility for her child, and you have someone that is not only angry for Caylee hindering her desired lifestyle and status, but also for being a symbol of Cindy's direct control over her decision making.*

The statements made to police by those involved in Casey's life have given a lot more insight to the whole Anthony clan and the dynamics at work in Anthonyland. While I don't believe anyone other than the princess is responsible for whatever has happened to Caylee, it seems they all know more than they would have us think. The question that Cindy asked Casey on July 15 remains unanswered...... What have you done?

On October 14, an Orange County Grand Jury determined that it's more likely than not, that 2 year old Caylee was killed by her mother, of course an indictment isn't proof that Casey killed Caylee, but at least the wheels of justice have started to turn. There seems no doubt that Casey is guilty of the four counts of lying to the police, she admits as much in her statement given to police at Universal. She is pretty well busted on the theft, fraud and child neglect charges as well.

Right now the walls of Anthonyland seem to be holding up against the siege they have endured...web cams running 24/7, reporters on their door step, and angry protesters who seem ready to kick their ass, they are sticking together but the cracks are definitely starting to show.

The Anthony clan, mostly the queen, created a moat around the castle with no trespassing signs and yellow tape in an effort to keep everyone off of their land and out of their lives. Alas, this may have been effective but for their insistence on hammering in those signs themselves. It only invited confrontation. It seems that most of the negative attention they have received, they have brought on themselves. Casey's lies and efforts to mislead the police and inconsistent statements by the family and the defense team, including some that defy logic, are the fuel that drives the public interest.

Having said that, it also seems wrong to camp on the curb waiting for news to happen, especially at a private residence, it gives the press a stalkerazi image and the protesters (many of whom I think had good intentions in the beginning) are looking like try-outs for Jerry Springer show. Perhaps now that the princess is incarcerated with no bail they will back off ! Law enforcement is doing their job.

The " Caylee was kidnapped" rhetoric seems to be the mortar that is keeping the walls from tumbling down in Anthonyland. Even as George Anthony arrived to testify against Casey to the grand jury, he carried a binder with a "Find Caylee" flier on the front. George spoke about the family’s latest efforts to find his granddaughter, adding they are disturbed by the fact the Sheriff’s Office shut down the tip line in mid-august.The family’s private investigator is looking into multiple potential sightings of Caylee, around the country, including New York and South Carolina, Anthony said.“We’ve been getting info out about Puerto Rico, because we believe that’s where she is, but the info I’ve gotten over the last three months is that my granddaughter has been to nine different locations,” Anthony said his family has been cleared by a judge to access all 5,000 tips recorded by the Orange County Sheriff’s Office tip line. Remember this is mortar. If they let go of this "Caylee was kidnapped" the walls of Anthonyland will come tumbling down.

According to Cindy Anthony and Jose Baez, we will all "understand" Casey's actions once the truth is told at trial. What are we going to understand about a mother not reporting her child missing for 31 days. ( Would we even know Caylee is missing if not for Cindy hunting Casey down?) What's to understand about all the lies and efforts to mislead the police when they are trying to help find her daughter? And the most disgusting aspect of this case....computer searches for chloroform and missing children before her daughter goes missing and chloroform is found in her trunk along with signs of human decomposition? Last but not least, let's hear the explanation for dancing and partying at the clubs while her daughter was "missing".

Cindy said on the Today Show that there is nothing in this world that would convince her Casey has killed Caylee. Does that mean if her body is found....then someone else did it? Trying to create some doubt are we?? It's obvious the queen is pretty heavily medicated and she would be well advised to stay off of national TV. These appearances don't help the princess's case and may well hurt.

It doesn't help either when the spokesman for Casey's defense, Todd Black, calls into CNN Headline News and says,"This is a very serious case involving not just the loss of the life of this little girl, but the loss of whatever is going to happen with Casey Anthony." He has issued several press releases since making the statement, the latest release states, CNN released a “complete fraud and stooped to the lowest low, shamefully toying with the life of Casey Anthony, who sits falsely accused of murder." Whatever! Whether you meant it or not Mr. Black, you said it. You guys just need to shut up! Save it for court.

On Friday, October 17 Casey entered a plea of not guilty to charges that she killed her daughter, Caylee..

On Tuesday October 28, 2008 at 8:45 a.m. Anthony will appear before Circuit Judge Stan Strickland for arraignment in the First Degree Murder Case.

She will return to court on Wednesday November 5, 2008 at 9:00 a.m. for the child neglect and check fraud cases. Circuit Judge Stan Strickland will also handle that appearance.

Texas EquuSearch has announced that they will resume the search for Casey Anthony’s missing 2-year-old daughter, Caylee Anthony, on Saturday November 8. According to Tim Miller, founder and director of the organization, it will be the “biggest search in history.”

In related news, Leonard Padilla has sought out the aide of bounty hunters from around the United States, who are now planning on coming to Orlando to help out in the search effort and have also raised money to finance it. Equusearch is going to train the bounty hunters to be search team leaders.

None too soon, the grim reality of Casey's fairytale world will come to light in the woods around the airport, and even if Caylee isn't found, the grim evidence of what happened to Caylee will be presented in a court of law.


CNN


*excerpts from post by cb (great post) on The Criminal Report Daily on ID

FOX Orlando

Sphere: Related Content

IS PHIL SPECTOR IN YOUR FUTURE?

UPDATE:
10/14/2008
I just received an e-mail from info/legaledge.com that said, "More on the status of PS2 coming up Wednesday. " Hopefully it's good news !



It has come to my attention that there is possibly an opportunity to have gavel to gavel coverage of Spector's re-trial. If you are willing to pay and at least 1000 people sign up, The Legal Edge Network will try to get it done. thelegaledge.com is a new online site created by Michael Bryant a practicing attorney, journalist, and broadcaster. Many may remember him as a former court tv reporter.

Yeah, I'd rather watch free, but I'm willing to pay for a couple months of full coverage. I have already invested 6 months of my time during the first trial and would like to see this through.

Remember too, if you can't afford a subscription for full coverage, you can still see parts of the trial at KTLA.

Here is the e-mail I received from The Legal Edge today:


IS PHIL SPECTOR IN YOUR FUTURE?

I once covered the "fight of the century". It was 1986 at Ceasars Palace in Las Vegas. Thomas "Hitman" Hearns vs. "Marvelous" Marvin Hagler. The fight lasted only 2 1/2 rounds before the "Hitman" went down, and while celebufight fans like Bo Derek and Sly Stallone called it the best fight ever, the boxers were plotting to set up the rematch. As the glassy eyed Hearns told me after the fight, "We did it once...let's do it again."


What the heck does this have to to with The Legal Edge? Nothing really, except that after an outpouring of Phil Spector fan e-mails I've decided to try one last time to get a read on how many folks would really subscribe to a monthly service that allowed us to cover costs to stream the Spector trial.


Here's the deal: I've opened a new e-mail address just to receive commitments from PS2 fans. If the number is sufficient (and based on my calculations and production costs that number needs to be at least 1000 viewers at $35.00 per month. The cost would go down if we get more subscribers) we would go ahead with setting up the actual payment structure to assure these commitments. The last thing we want to do is start the process and end up going under because a large number of folks flaked.

Here's the dedicated e-mail address: lawjerktoo@gmail.com

So, pass this along to anyone interested. I'll e-mail the basics to all registered at TLE...and we'll see. It's up to you now.

MJB
Sphere: Related Content

Knox County Judge Grants Continuance In Sheley Case

Today (Friday September, 26) on my way to the Knox County courthouse in Galesburg, Illinois I noticed that even though it feels like a warm summer day you can see the changes of Autumn starting to take place. IMO there is no place more beautiful during the Fall than the Midwest. Driving the short distance (4miles) from my house to Galesburg there are fields of corn standing tall ready to be harvested and soy bean crops that look like a carpet of lemon-colored coins rolling across the land. Yes folks, this is serious "amber waves of grain" stuff. I'll admit it, I feel a little patriotic about now. LOL

This is my second trip this week to a hearing for Nicholas T. Sheley, a 29 year old Sterling, Il man accused in the deaths of eight people in a two-state killing spree in late June.

photo of Ronald Randall


In Galesburg, he is charged in the death of Ronald Randall, age 65 of Galesburg. It is alleged that Sheley kidnapped Randall from a car wash, robbed him, bludgeoned him to death and dumped his body behind a grocery-store near a dumpster before stealing his 2007 Chevy pick-up.

There are 7 more victims whose story will be told in a court of law and this blog later on, but for now I want to focus on this case. Sometimes it seems as if victims get lost in the legal shuffle.

I can tell you that "shots of light" of who Ronald Randall was are already starting to "shine" through. His family is in court every hearing and they are usually the first ones there. You can tell he was a good brother and Dad and they are in court for him.

After today's hearing WQAD reporter Chris Minor interviewed 2 men who said they were long time friends of Ronald. They had all worked at the Maytag factory in Galesburg for many years. The men said that Randall had worked well over 30 years at Maytag and had worked until the last day the plant operated (factory moved to Mexico #%*#). You could really sense the pride and love that they felt for Ronald as they spoke.

One last patriotic word before I go into the details of the hearing. As Americans we all have the same constitutional right to a fair trial. Whether he deserves it or not (depends who you ask) Nicholas Sheley will have a fair trial. At hearings on September 11, 19 and 24 and in recent interviews Sheley has requested a speedy trial and expressed his unhappiness with his defense counsel. The judge has heard him loud and clear but until Sheley has been proven fit to stand trial and wave his right to counsel, he will just have to wait like the rest of us. Part of this hearing today is to determine which side will be charged with the delay.

The hearing today is supposed to start at 10 a.m.. I arrive at the courthouse about 9:30. The Sheriff's deputy at the door is a guy I have known for a long time. We say our good mornings and I head straight up to the courtroom. If court starts early and you're late, too bad, you don't get in.

When I come in the courtroom, as usual, Ronald Randall's family is seated in the front row and are the first ones here. I take my usual seat in the second row behind them. We say our good mornings and shortly after people file into the courtroom.

The first two rows on the defense side is reserved for the press. At the last couple hearings there has only been a few press attending, but today I think they will fill their rows. The back row looks like some off-duty court employees. Two older men come in and sit in my row. I have seen these guys at another hearing. (These are the friends of Ronald's who I mentioned earlier.) It's pretty close to 10 a.m. and Sheriff David Clague is here (that means Sheley is in the building).

The prosecution and defense are in and out but it is 10:40 before Sheley is brought into the courtroom. As usual, he is fully shackled and in jailhouse orange, but today it looks like he has a fresh haircut. Sheley takes a good look around the courtroom but doesn't acknowledge anyone before he sits down. Public Defender James Harrell leans in to say something to Sheley and Sheley starts scooting his chair around. Sheley had a little smile on his face so I don't know what to make of this especially when shortly after the gaurds took Sheley back out of the courtroom. I read a local news report that Sheley asked to be returned to the holding cell. Perhaps that smile was an attempt to control his temper?

At 10:45 Ninth Circuit Judge James Stewart takes the bench and calls a sidebar right off. Sheley is brought back in and the hearing gets under way. Judge Stewart says there were several issues to be dealt with today. First is the question of fitness. Stewart asked the defense and the state to work together to choose an expert who will conduct Sheley's fitness hearing. If the parties can't come to an agreement by Wednesday, the court will appoint an expert. Once the expert is decided, she or he will have 30 days to conduct the hearing. This delay will not be charged to either side.
The next issue is defense motions. Jeremy Karlin entered a motion for the defense to extend discovery. Karlin also requested a conference ex-parte with the judge per Supreme Court rule and he mentioned something about case law. I missed a little of what he said because I was focusing on Sheley. I wanted to see if I could gauge his response to the latest defense motions....I guess his leaving the courtroom earlier says it all. Sheley objects to the motions and the court acknowledges that but says until the fitness hearing is complete the record is bound by the defense counsel.

Assistant Attorney General Michael Atterberry asked that the record reflect the defense requested the extension.

The last issue is DNA testing. Karlin told the court the prosecution and defense agree that the experts for both sides will work between themselves to schedule the work that needs to be done. Atterberry said the state was notified that an additional piece of evidence may be consumed by DNA testing and will submit a supplemented order to include that evidence.

States Attorney John Pepmeyer says the next formal hearing will be October 31. Atterberry asks the judge if they should set a hearing date for the DNA and the Judge Stewart says to just wait and they will come up with a date when the testing is done.

Judge Stewart tells the court the rest of the hearing will be ex parte. He goes on to explain that although most court dealings are best kept open and transparent the Supreme Court has authorized these ex parte conferences to be conducted out of the presence of the public and the prosecution because the defense may present theories of defense. With that everyone from the press, the public and the state were asked to leave.

I sat outside of the courtroom with some of the press for a couple minutes (just in case something came up) until a deputy asked us to move to a hallway away from the courtroom. While standing in the hall (holding up the wall) one of the reporters said he wanted to stay and see if any of the case law that was mentioned was expounded upon, perhaps in relation to some new evidence? I would have liked to stay longer but had to be somewhere. I will try and attend any future hearings and keep you posted.

Galesburg.com

CNN Sphere: Related Content

Judge Issues A Gag Order in Sheley Case

A little birdy called to let me know that a hearing had been scheduled for accused spree killer, Nicholas Sheley at 2:30 today (Wednesday). Thank you little birdy, I really appreciate the call.

When I arrived at the courthouse, I was informed that the hearing had been moved up to 3:00, then 3:15. I go over some of my notes while waiting....during the arraignment on August 6, Ninth Circuit Judge James Stewart admonished the attorneys for both sides regarding the rules of judicial conduct forbidding counsel from making statements about the case.....he didn't address Sheley that day so that will probably happen today. Everyone is here from both sides but they are in a room off of the courtroom. Must be one of those "secret" meetings that Sheley complained about in his interview. Whatever.

Everyone took their places and Nicholas Sheley was brought in. He looked pretty much the same as he had last hearing, his hair was a little longer and whatever he put on it to make it spike up makes it look darker. Do they allow gel in jail? It was actually 3:45 before the hearing got started.

Judge James Stewart calls court to order and Public Defender James Harrell addresses the court. He says there are some housekeeping that needs done. First, Harrell would like the court to make an official finding that He and Jeremy Karlin are the counsel of record, the issue had been raised but not put on record at the last hearing. Judge Stewart says something like Oh,... you actually want me to say it? Then he says they are counsel of record until a fitness hearing is completed. LOL This judge has a wry sense of humor it appears, at times it's just the way he says something, not what he says. Nothing inappropriate so far...LOL I like that in a judge.

The defense has filed an emergency motion seeking to stop pre-trial publicity. In light of Sheley's interviews this emergency motion hearing was called.

Assistant Attorney General Michael Atterberry addressed the court. He said, " Both parties want to maintain fairness and integrity of the proceedings." He added that Sheley giving interviews in the past 24 hours has threatened the proceedings. Judge Stewart asked, "Is this a stipulation between prosecution and defense?" and "Is there a time frame?" Atterberry says through the trial.

Judge Stewart told the court he would approve the stipulation until the fitness evaluation is done. The defense are duly authorized and once Sheley is determined to be fit the stipulation will be revisited. He went on to say that Mr. Sheley has a constitutional right to speak. The judge called the current situation a " no mans land". The issue is a clash of constitutional rights. Sheley is entitled to a speedy trial. There is freedom of the press, a right to counsel, a right to a fair trial, a right to remain silent or to wave that right. Stewart also said, "It is the courts duty to determine which right was most burdened at the expense of others."

Judge Stewart also commented that there is no guidance from the Supreme Court on this issue and reiterated that the order will remain in effect until a fitness hearing is conducted. If Sheley is found to be competent to stand trial the order will be lifted and Sheley will be able to make statements to anyone he wishes. Stewart said, " He has a constitutional right to free speech."

Harrell says that since the court is entering an order he will withdraw the emergency motion from the court file . Judge Stewart recognizes this is all done. Micheal Atterberry requests that court admonish the defendant regarding the order. Stewart then tells Sheley that he is issuing a gag order that prohibits communication with the media from all parties and instructs Sheriff David Clague that Sheley should have no visitors without the presence of counsel. Clague agrees.

The next hearing scheduled is for Friday, September 26, at 10a.m.

Sheley is facing 17 counts in connection with the bludgeoning death of Ronald Randall,65, of Galesburg. If convicted he will face the death penalty. He is also charged with the deaths of 5 people in Whiteside County, IL and the deaths of an Arkansas couple killed while visiting in Missouri.

Galesburg Register-Mail

WQAD Sphere: Related Content

Nicholas Sheley Gives Jailhouse Interview

Nicholas Sheley discusses his case with an Associated Press reporter on Tuesday, Sept. 23, 2008 at the Knox County Law Enforcement Center in Galesburg. Sheley was charged with killing eight people during a two-state killing spree in June.

I am curious to hear what some of you fellow crime watchers have to say about this guy and his case.
My own opinion is that he may be making the case for his attorneys who are questioning his competency to wave his right to counsel.
Sheley is very familiar with the legal system, do you think he just trying to manipulate the system? The state says they are ready to go to trial so I don't see how a speedy trial is to the
state's disadvantage.


Below is the story as it appeared in the Galesburg Register-Mail.

Sheley says he aided own capture

By DON BABWIN
The Associated Press

Nicholas Sheley feels like he's losing control. All the words from fast-talking lawyers, the meetings he says are going on behind his back, are keeping him from the one thing he's wanted since police said they suspected him of killing eight people during a two-state June rampage: To go to trial quickly.

So Sheley called a reporter and summoned him to the Knox County Jail. Later Tuesday he sat down behind a glass partition, clad in an orange jumpsuit, with organized, handwritten notes that contained his legal strategy.



Sheley told The Associated Press that he decided to speak because he wants a speedy trial and he feels that won't happen.
"Because to me it has its advantages and to the state it has its disadvantages, which I'll keep to myself," he said.
Sheley was cryptic and would not say why he wants a quick trial. He would not even say the words "innocent" or "guilty" or whether he knew any of the victims — only that he hasn't even talked to his own attorneys about his alleged crimes.



The closest Sheley came to talking about the case was that he played an active role in his capture July 1 outside a Granite City bar because he wanted to get the ball rolling on the legal process and his family feared he'd be killed if a manhunt continued.
Sheley, who was arrested as he smoked a cigarette outside the bar, said he knew he was the subject of a manhunt because he'd seen newspaper accounts of the case and had talked to his family.
"I played a part in my capture," Sheley said. "Not only that but it was also concerns for my family. They were stressed out and worried and concerned over the fact that the police might want to kill me."

Sheley's charged with bludgeoning to death six people in Illinois and two people in Missouri. Knox County prosecutors are seeking the death penalty in one slaying.
He criticized his public defenders, saying he hasn't told them anything about the case.

"The lawyers keep making reference to an appeal process. So basically, they're probably already under the impression that I'm guilty, without even having it gone to a trial yet," he said. "Which leads me to believe they probably already believe there's guilt on my behalf but I've never discussed any facts or anything with regards to this case whatsoever."

Sheley said he does not feel he will get a fair trial.
"Not necessarily set up, but railroaded," he said.
"My belief in the system, like I said, it's crooked," Sheley said. "The public defender is appointed by a judge who works for the state of Illinois. The public defender is getting paid by the state."

Jim Harrell, one of Sheley's attorneys, said Tuesday that the defense agreed in court Friday to file a motion requesting Sheley undergo a psychiatric examination. That motion hasn't yet been filed, but would be soon, he said.
"I can't comment on the reasoning behind the motion," Harrell said. "I am bound by attorney-client privilege. I'm bound from discussing conversations that are held individually or with the other co-counsel with Mr. Sheley." Sheley said he thinks the motion is an effort to delay his case. "You might say finding me fit is best ... but they just use this to buy more time," he said.

Sheley is charged in the deaths of Kenneth Ulve, 25, Brock Branson, 29, Branson's fiancee, Kilynna Blake, 20, and her 2-year-old son, Dayan Blake. They were found in a Rock Falls apartment June 30. The town is in Whiteside County community in northwestern Illinois.
Sheley also is charged in the June deaths of a 93-year-old Russell Reed of Sterling, 65-year-old Ronald Randall of Galesburg, and Tom and Jill Estes, an Arkansas couple who were killed in Missouri.


Prosecutors in Knox County are seeking the death penalty in Randall's slaying.
Sheley wouldn't discuss any of the victims in the case or why he feels he's being railroaded.
"This is my case," Sheley said. "The way I want to go about it is my only concern. I don't want an adequate defense. I want above and beyond the best defense."



But he said he was staying upbeat while in jail.
"I'm good, other than my frustrations with the way my case is being handled. I'm staying positive. I put my faith in the Lord," Sheley said.
___
Associated Press Writer Caryn Rousseau in Chicago contributed to this report.

CNN Sphere: Related Content

Judge Orders Mental Fitness Hearing for Sheley

Today was another hearing at the Knox County Courthouse for Nicholas Sheley, 29, a Sterling, Illinois man accused of a two-state killing spree that left eight dead.

Sheley faces a 17 count indictment in Knox County for kidnapping, killing, and robbing 65 year old Ronald Randall of Galesburg, and stealing Randall's 2007 Chevy pickup. If convicted Sheley will face the death penalty.

I got to the courthouse early to be sure I could get a seat in the courtroom. The only spectators in the courtroom are three women sitting in the front row. I sit right behind them in the second row. (same seat I had last hearing). We spoke a bit before the hearing and I learned they are the victim's, Ronald Randall, sisters. This was an exceptionally brutal crime perpetrated against their brother; however, they seemed very composed and I could sense their resolve in seeing that justice is served.

When I told them I was blogging about the case, I think they were a little surprised that there are people from all over that are following this case. They seemed interested and got my name and blog address. I also directed them to a few other blogs where I had seen coverage. A few moments later Ronald's daughter came in with a friend, followed by Shirley Pringle, a victims rights advocate. I'm really glad to see this family has a strong support system. I asked if they were being kept up to date by the prosecution and they said yes, they are.

I really don't want to impose on the family so I try to just sit and watch who is coming in the courtroom. It looks like the hearing won't start early this time, it's 1:15 before most people start coming in and sitting. Two men in suits come in. I don't recognize them but one of them stops to say hello to Ronald's family and the other sat somewhere behind me. After the first man moved on, one of the sisters told me he was Whiteside County State's Attorney, Gary Spencer.

I had read in the local paper that Spencer was at the September 11 hearing as well ( I missed that hearing). Evidently, as the prosecutor in Sheley's regular stomping grounds, he and Sheley are quite familiar with each other. It was reported in the Galesburg Register-Mail that at the end of the hearing, Spencer caught Sheley’s eye on his way out of the courtroom. “Mr. Spencer, it’s a pleasure to see you,” Sheley said.“I wish I could say the same,” Spencer replied. LOL, yep I'd say they have a history.

After Sheley's case is resolved in Knox County, Spencer will have the next crack at prosecuting Sheley. In Whiteside County, Sheley faces an indictment with 5 counts of first-degree murder in the death of a 93 year old man from Sterling and another 15 counts of first-degree murder in the deaths of 4 people found bludgeoned to death in a Rock Falls apartment, including a 2 year old boy. I haven't heard how these cases will be handled, whether 1 trial or 2 since there were 2 separate incidents. The 15 count indictment includes aggravating factors in three of the counts that will make Sheley eligible for the death penalty in Whiteside County too. The state has 120 days from September 18 to decide if they will seek the death penalty.

Over the next few minutes the courtroom fills up and Sheley is brought in. As usual he is fully shackled and sporting that jailhouse orange. He's clutching an expansion folder in his arms as the deputies lead him to a seat at the defense table. He looks very tired today. IMO, if indeed he is guilty of the brutal crimes he is accused of, he doesn't deserve a good nights sleep ever again.

Ninth Circuit Judge James Stewart enters the courtroom and the hearing begins. This hearing was scheduled to hear Nicholas Sheley's concern about the effectiveness of his counsel. Stewart asks Sheley if he has made a decision about his representation. Sheley replied," At this time I would like to represent myself or have other counsel appointed." Stewart told Sheley that is two options and he has to decide one way or the other. Sheley said," At this time I will defend myself."

Defense co-counsel Jeremy Karlin tells the court they have doubt of Sheley's fitness to stand trial, his competency to knowingly wave his right to counsel and represent himself. Judge Stewart says Sheley must undergo a fitness hearing to determine whether or not he is fit to stand trial and can knowingly, voluntarily and intelligently wave his right to counsel and represent himself.

The judge then asks the prosecution for a response and Knox County State's Attorney John Pepmeyer told him, "The prosecution has no position on the motion." Stewart responds, "thanks" in a manner that made for a rare light moment in the courtroom.

Sheley speaks up again and says he has the written motion the court had requested at the last hearing describing how he wants to proceed. Sheley also said he made copies for the attorneys.

Karlin objects to the court accepting the motions before Sheley's fitness is determined. Karlin says, '' We have a bonafide concern about his fitness to stand trial and his competency to represent himself. Either we are his attorneys, or we're not''.

Public Defender James Harrell requests that Sheley's motion be sealed until fitness is determined. Stewart grants that request and then addresses Sheley, he says that concern has been raised about his competency and that the defense attorneys have an obligation to the state as well as the defendant. The Illinois Supreme Court has guidelines and the work being done by the attorneys will be subject to review. Stewart also told Sheley if he is found to be fit to stand trial, he will ask the Chief Judge to appoint a different judge to decide the competency of the defense.

Pepmeyer requests they tie up some loose ends. He says on September 12, the people filed their answer to discovery. They were in compliance with the discovery order and everything was included except the DNA testing.

Harrell says the defense hasn't had the opportunity to go through all of the discovery volumes.
The judge asks the defense about the DNA expert they plan to hire and Karlin said that they do have an order that identifies their expert. Someone on the prosecution side commented that the expert the defense mentioned before wasn't available soon enough.

Things got a little confusing here because Sheley tried to interrupt and address the court. Judge Stewart told him that he would not be allowed to address the court until after a fitness hearing.
After being silenced by the judge Sheley became visibly upset, his face turned red and he scooted his chair around so that his back was to the judge and his attorneys. The sound of Sheley trying to scoot his wood chair on the floor while fully shackled and rustling the papers he held brought all attention to him. He closed his eyes for a bit and eventually turned himself back around. For the remainder of the hearing he took some notes and rustled papers occasionally but otherwise stayed quiet.

Pepmeyer tells the court he would like to have a firm date for the DNA testing so that the trial can go ahead. Harrell responds it's a moot point because fitness needs to be determined first.
Pepmeyer shoots back that the DNA testing should occur regardless of fitness.

Assistant Attorney General Michael Atterberry enters a motion to attribute the delay to the defense. The defense moves that the count of the delay shouldn't start until September 3.

My notes show the issue of protocal for appointing a fitness expert was raised. I didn't note who brought it up but it is agreed there are three issues to be determined:
1. fitness for trial
2.competency of counsel
3. competency to represent himself.

Pepmeyer moves to vacate the hearing scheduled for September 24. The next hearing will be September 26 at 10 a.m.. The hearing was over.

Sphere: Related Content

Will Nicholas Sheley represent himself in Knox County Case?

Accused spree-killer Nicholas Sheley told Ninth Circuit Judge James Stewart he is unhappy with his lawyers during a hearing in Knox County, IL. on Thursday.

Reading from a prepared written statement, Sheley told the court he was concerned about how his case was being handled. “I am not looking for advice or sympathy,” he said. “I have questions in regards to the law and my understanding my rights.”

Sheley said he has been “blown off” by his public defender Jim Harrell and co-counsel Jeremy Karlin. He accused his attorneys of “fast lawyer talk” and said he wants his lawyers to adhere to his request for a speedy trial and not their own wishes. “My lawyers will do anything to continue this. It is their choice not mine."

Sheley asked the court for guidance in three matters: do his attorneys have the legal right to do what they want in this case or does he have a say in decisions; is he allowed his own copies of discovery documents; and should delays such as a fitness hearing be allowed if it interferes with his speedy trial demand.

Sheley argued a fitness hearing was unnecessary. “I am fit. I have knowledge of the charges and consequences. I feel my social abilities are above more than normal,” he said.

Judge Stewart told Sheley he has the right to make decisions on pleas and plea agreements but legal decisions are made by the lawyers. He told Sheley his only options are to hire a private attorney certified by the Capital Litigation Trial Board or represent himself.

Stewart requested Sheley draft a hand-written motion describing how he wants to proceed.

After the court receives the motion, Stewart will schedule a hearing.

This hearing had been scheduled as a status hearing about the defense team's hiring of a DNA expert. The issue of hiring a DNA expert was not decided. Karlin said the defense has found a DNA expert they intend to hire but he isn't available until October 20. The state said the DNA testing has been scheduled and they are ready to proceed.

The state also turned over more discovery documents to the defense on Thursday. There are now over 4,300 paper documents in this case. Knox County State's Attorney John Pepmeyer said another 1,000 pages of documents are in the process of being copied.

When asked after the hearing if he planned to represent himself, Sheley said people would “have to wait and see.”

Sheley faces 17 charges in connection with the bludgeoning death 65-year-old Ronald Randall of Galesburg and faces the death penalty if convicted.

He also is charged with the murders of a Whiteside County man and a husband and wife in Missouri.

Sheley is suspected of killing four people in a Rock Falls apartment but has not been charged in that crime.

I really don't know what to make of all this. I don't for a minute think that Sheley isn't aware of his rights. He is quite familiar with the legal system. Of course he is entitled to a speedy trial and if that is what he wants, that is what he should get. However; it's doubtful that he can afford his own lawyer so he has a big choice to make. I haven't heard of any response from his lawyers. I'll let you know if I do.

resources...

http://www.galesburg.com/news/x55301469/Sheley-not-happy-with-his-lawyers

http://www.saukvalley.com/articles/2008/06/27/news/local/588792a7b9b8a728af665e19e15597b6.txt

Sphere: Related Content