Robert Simpson - Cook County State's Attorney

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The trial court asked defendant whether he had anything to say before it imposed sentence.(R. 3759) Defendant accused the trial court of acting as an advocate for the People and turning thecase into a "personal legal vendetta." (R. 3759-3760)The trial court sentenced defendant to death on his conviction for first degree murder andto a term of 30 years' imprisonment on his conviction for armed robbery. (C.R. 37, 524-525, R. 3761-3761)27
IIIREASONS FOR DENYING THE PETITIONThe facts of this case alone are sufficient reason to deny defendant’s request forclemency. The facts demonstrate that defendant had planned this armed robbery and that he waswilling to commit murder in order to achieve that goal. Prior to the armed robbery defendant laidout the plan for his co-defendants. Defendant and his accomplice, LaGroan, entered the store,spoke briefly to an employee and then returned to the car. Obviously, the purpose of this first visitto the store was to case it and see where the service counter was. Defendant then told hisaccomplices that he intended to rob the store and that if anything happened, he would “pop”someone. Defendant told LaGroan that she was to take the money and put it in her purse. Youngwas to remain in the car and act as the getaway driver.When LaGroan and defendant reentered the sore, defendant approached the service desk,showed his gun to an employee and announced a stickup. When the employee stated, “you’ve gotto be kidding”, defendant knocked her to the ground. As defendant was putting money intoLaGroan’s purse, Mrs. Lindich approached. Defendant turned to the victim and said “oh, you wantto help.” He then shot Mrs. Lindich in the throat, killing her. At trial, three store employeesidentified defendant as the man who was behind the service desk holding a gun. A store customeridentified defendant as the man she saw passing in the lane next to her, after she heard a man say,“This is a stick-up” and heard a loud “pop.” Two of the store employees and the customeridentified one of the guns recovered from defendant’s storage locker as the weapon they sawdefendant holding at the time of the offense. Defendant was identified as the culprit by severalwitnesses at a lineup and at trial.28
Page 4: eing made by defendant and not by t
Page 7 and 8: to proceed. (R. 53) The trial court
Page 9 and 10: econsider his decision, a decision
Page 11 and 12: individually escorted from the lobb
Page 13 and 14: Public Defender's Office was not do
Page 15 and 16: description on file was consistent
Page 17 and 18: Tinley Park Police Officer Barbara
Page 19 and 20: 1717) Accordingly, the trial court
Page 21 and 22: was only a few feet from the door,
Page 23 and 24: was given $40.00 for her participat
Page 25 and 26: After deliberating less than two ho
Page 27: At the sentencing hearing, the tria
Page 32 and 33: Illinois, particularly those prosec
Page 34 and 35: under oath at his sentencing hearin
Page 36 and 37: the only reason the Illinois Suprem
Page 38 and 39: In conclusion, defendant is not ent

Robert Simpson - Cook County State's Attorney

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