I N Re Application of Charlie Mae Alexander v. State of Illinois

ORDER

POCH,J. This claim arises out of an incident that occurred on January 5,1987. Charlie Mae Alexander, Claimant, seeks compensation pursuant to the provisions of the Crime Victims Compensation Act, hereafter referred to as the Act. Ill. Rev. Stat. 1985, ch. 70, par. 71, etseq.

This Court has carefully considered the application for benefits submitted on March 24, 1988, on the form prescribed by the Attorney General, and an investigatory report of the Attorney General of Illinois which substantiates matters set forth in the application. Based upon these documents and other evidence submitted to the Court, the Court finds: 1. That on January 5, 1987 the body of the victim was found in her residence located at 14634 Center Avenue, Harvey, Illinois. The victim was taken to Ingalls Hospital where she was pronounced dead on arrival. An investigation by the Harvey Police Department and the Cook County medical examiner’s office determined that the victim died of four self-inflicted stab wounds to the abdomen. Her death was classified as a suicide.

[*461] 2. That in order for a CIaimant to be eligible for compensation under the Act, there must be evidence that one of the violent crimes specifically set forth under section 72(c) of the Act. 3. That the victim’s death was determined to be a suicide. Therefore, she was not the victim of one of the violent crimes specifically set forth under section 72(c) of the Act as no crime of violence was perpetrated I

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against her.

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4. That the Claimant has not met a required I condition precedent for compensation under the Act. I It is hereby ordered that this claim be, and is hereby I denied.

ORDER

MONTANA, C.J. Claimant seeks compensation of $2,035.00 for I funeral expenses pursuant to the provisions of the Crime Victims Compensation Act (Ill. Rev. Stat. 1987, ch. 70, par. 71, et seq.). On October 17, 1988, the Court of Claims entered an order denying this claim. The Court I had carefully considered the application and the Attorney General’s investigatory report but denied the claim on the basis that there was insufficient proof that iI Darlene Alexander’s death was the result of a violent

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crime and her death had been classified by the Cook I County medical examiner’s office as a suicide. The Claimant requested a hearing and a trial was held on August 14,1989. , Darlene Alexander, the daughter of Claimant, died on January 5, 1987. Claimant lived in Cincinnati, Ohio. I Darlene had been living with Pete and Margarette Cross in Chicago, Illinois. Margarette Cross was a minister and I [*462] Darlene attended their church and then moved in with them.

Although the Cook County medical examiner has listed the death as suicide, Charlie Mae Alexander, the Claimant, strongly believes that her daughter was murdered. She feels everyone knows it was really a murder and she believes her daughter was killed by Margarette and Pete. However, Claimant has no real proof to support her allegations. It appears no one has ever been charged criminally with the death of Darlene Alexander. The Crosses have indicated they are sorry about Darlene’s death but have not admitted any involvement therein.

Claimant indicated a doctor would say it was not suicide but the doctor was on a busy schedule and unable to come to court. She had no written reports from the doctor and presented none to the court even after being given 30 days to obtain and file same. All testimony concerning what Claimant believed the doctor would say was hearsay. Claimant’s testimony concerning what people were telling Claimant about the death was also hearsay.

William Massengill testified for the Claimant that he believed Darlene was murdered. He felt the police investigation was poorly done. He also believed the police reports to be inaccurate and confusing. The reports indicated that Darlene was seen at 1:00 p.m. Pete Cross found her body at 1:30 p.m. and the paramedics arrived at 1:37 p.m. The reports also indicated that Peter Cross picked up the knife and put it on a desk.

Tammy Alexander testified that she believed her sister was murdered because she was very religious and would not commit suicide. Pete Cross called them and [*463] said Darlene was dead and hung up. She believed her sister was on social security disability but did not know why. She believed the Crosses gave Darlene $10 out of her check and they kept the rest. She felt Darlene was murdered because on January lst, Darlene had called and said she was coming home. Then on the date of her death, Yvonne Flowers had seen Darlene alive at 1:00 p.m. and Darlene was dead at 1:30 p.m. She thought the coroner’s report indicated rigor mortis within one-half hour and she could not understand this circumstance.

The Crosses indicated to the police that Darlene was suicidal but she did not believe that to be true.

Gail Covin testified that she too believed her sister was murdered. Gail believed Darlene would never take her own life. Gail had attended the Crosses’ church. The church encouraged participation in bizarre rituals including dead spirits and tongues. Darlene broke away from the church but she believed in the Crosses and went to Illinois with them. Then in January, Darlene said she was coming home. Three days later, she was dead.

She observed the body of her sister after the autopsy and before the funeral. Ms. Covin testified that Darlene had a six-inch stab wound on her left side and another stab wound on the left side about four inches long. She also had two more stab wounds on her right side. She could not believe her sister stabbed herself four times (twice on each side) to commit suicide.

Claimant believes her daughter was murdered.

However, the case brought in the Court of Claims is not a criminal prosecution. Claimant is seeking partial payment of the funeral bill pursuant to the Illinois Crime Victims Compensation Act. Ill. Rev. Stat. 1987, ch. 70, par. 71 et se9.

For Claimant to prevail, she must prove that the decedent’s death was the result of a violent crime. The [*464] official finding of the Medical Examiner was suicide.

The Claimant does not accept that finding. However, Claimant has not proven with legal evidence that the decedent died as a result of a violent crime. Even if the cause of death was undetermined, she could not prevail.

In re Application of Krell(1982),35 Ill. Ct. C1. 552.

The Claimant has raised several very interesting questions about the death of Darlene Alexander. If Darlene was stabbed four times, twice on each side, questions are raised as to a determination of suicide.

However, the Court of Claims is a Court which must follow the rules of evidence and can only award money damages pursuant to statute. Raised questions, innuendo and beliefs, however strong, cannot substitute for evidence. Without adequate evidence, the Claimant has failed to meet her burden of proof.

Thus, it is therefore ordered that the Court’s order of October 17,1988 be, and is hereby affirmed, and this claim is again denied with prejudice.

(N O . W-CV-0965-Claim denied.)

In re APPLICATION OF REGINA GILL Opinion filed May 29,1991.

REGINAGILL, pro se, for Claimant.

ROLAND W. BURRIS,Attorney General (JAMES MAHER, Assistant Attorney General, of counsel), for Respondent. i CRIME VICTIMS COMPENSATION Acr-violent crime-prior award was conridered deduction against funeral expenseeclaim denied. In an action for compensation for funeral expenses based on the death of a Claimant’s brother, the Court of Claims denied the claim, as a prior award to the Claimant was considered a deduction against the maximum amount compensable for funeral expenses.

[*465] I

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I 465 j

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I OPINION *

BURKE, J. This claim arises out of an incident that occurred on July 31, 1989. Regina Gill, sister of the deceased victim, Elijah Harris, seeks compensation pursuant to the provisions of the Crime Victims Compensation Act, hereafter referred to as the Act. Ill. Rev. Stat. 1987, ch. 70, par. 71 et seq.

This Court has carefully considered the application for benefits submitted on January 22,1990, on the form prescribed by the Attorney General, and an investigatory report of the Attorney General of Illinois which substantiates matters set forth in the application. Based upon these documents and other evidence submitted to the Court, the Court finds: 1. That on July 31, 1989, the Claimant’s deceased brother, Elijah Harris, age 51, was the victim of a violent crime as defined in section 72(c) of the Act, to wit: first degree murder. Ill. Rev. Stat. 1987, ch. 38, par. 9-1. 2. That the crime occurred in Chicago, Illinois, and all of the eligibility requirements of section 76.1 of the Act have been met. 3. That the Claimant seeks compensation for funeral and burial expenses.

I 4. That the Claimant incurred funeral and burial expenses in the amount of $9,403.00 all of which have I been paid. Pursuant to section 72(h) of the Act, funeral and burial expenses are compensable to a maximum amount of $3,000.00. 5. That on March 7, 1990 this Court awarded the Claimant $50,000.00, which sum has been paid, in In re [*466] Application of Gill, No. 90-CC-1626, which award is a deduction under section 80.1 of the Act. 6. That the Claimant does not qualify for the benefits sought due to said deduction.

It is hereby ordered that this claim be, and hereby is denied.

[*467] I

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CRIME VICTIMS COMPENSATION ACT !

OPINIONS NOT PUBLISHED IN FULL

FY 1991

i 77-CV-0242 Jung, Alice V. $ 1,873.75 80-CV-06oO Swearingen, Kevin L. 3,292.32 81-CV-0476 Mendoza, Artemo Ambriz 1,733.13 i

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81-CV-0499 Ybarra, Arthur J. Reconsidered Dismissal 82-cv-0652 Ware, Nathaniel Reconsidered Dismissal 83-CV-0311 Ross, Samaria K. 1o,oO0.00 83-cv-0499 Hummel, Francis D. Reconsidered Dismissal 1

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83-cv-06.55 Stearney, Ronald A. 1,352.40 I 83-cv-1020 Burgeman, Rebecca A. Denied I 83-CV-1115 Hollind, Charles -1,143.85 84-cv-0099 Bruscato, John N. Denied ! 84-CV-0179 Bauer, Alicia Dismissed 84-CV-0198 Hill, Carolyn Denied 84-cv-0240 Jones, Barry Nelson Denied I 84-CV-0247 Rangel, Adolfo, Jr. Denied

I

84-cv-0250 Henry, Fred 2,100.00 8 4 - c v - o w Ortega, Adrian Denied 84-cv-0260 Paule, Kent E. Denied I 84-CV -0298 Martin, Gregory M. Dismissed

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84-CV-0319 Villanueva, Humberto 810.00

I

84-cv-0406 Govea, Maura 15,000.00 84-cv-0439 Pelvin, Jerald Peter Denied 84-CV-OS59 Benavides, Ernest0 S. Denied I

Denied I

84-cv-0564 Eglinas, Virginia 84-cv-0610 Youngblood, Shirley Denied 84-CV-0736 Wilkerson, Gary Denied I 84-CV-0793 Hollon, Michelle Denied I 84-CV-0803 Nelson, Raymond Denied ,

I

84-CV-0805 Swire, Lester Denied 84-cv-0842 Brown, Stephen B. & Sonja H. Denied

Denied I

84-CV-0891 Nigro, Lon J. 84-cv-0901 Kilcoyne, Brenda Kaye & Lawing, Clyde Denied 84-CV-1007 Shavers, Andrew P., Sr. 1,129.57

I

84-cv-1036 Simpson, Rhonda S. 15,000.00 84-cv-1088 Struense, Daniel L. Denied ~ [*468] 84-cv-1112 White, Alpha M. 15,000.00 84-cv-1121 Dawson, Vicki L., Mother & Next Friend of Tiffany A. Dawson Denied 84-cv-1123 Espinoza, Abel Dismissed 84-cv-1124 Gibson, Jayne Denied 84-cv-1le0 Jackson, Patricia A. 2,000.00 84-cv-1201 Offord, Rosie Lee 1,650.00 84-cv-1253 Kermicle, Connie L. & Pierce, Katie A Denied 84-cv-1288 Moreno, Ruben, Sr. Dismissed 85-cv-Oo05 Nickless, Clifford Denied 85-cv-0012 Mosier, Ted J. Denied 85-cv-0022 Howell, Jerry Dismissed 85-cv-0053 Byrne, Michael Denied 85-cv-0068 Moy, Bor Hoi Denied 85-cv-0069 Selzer, Donna Denied 85-cv-0075 Browne, Irene B. 4,399.95 85-cv-0079 Yarnold, James A. Denied 85-CV-0089 Roswell, Melbourne Denied 85-CV-0131 Pueschel, Richard Dean, by

Joseph J. Heinrich, Guardian Denied

85-CV-0137 Hill, John C. Denied 85-CV-0141 Jackson, Kaaren 15,000.00 85-CV-0147 Zuelke, Earl W., Jr. Denied 85-CV-0167 Perez, Guillermina Denied 85-cv-0180 Carey, James Denied 85-CV-0186 Pruitt, Eric T. Denied 85-CV-0189 Hall, Gary & Barbara Denied 85-cv-0191 Wohlbedacht, Kenneth A. Dismissed 85-CV-0237 Hill, Frances Ruth Dismissed 85-cv-0239 Bradley, Barbie Denied 85-cv-0242 Johansson, Aslaug E.; on behalf of

Steven Konrad Johansson Denied

85-CV-0279 Gladkowski, Steve 1,037.26 85-CV-0307 Moreno, Paula Denied 85-CV-0318 Halawa, Nahid 270.03 85-CV-0327 Rowe, Lewis E. Denied 85-CV-0329 Bollas, Ignacio Denied 85-cv-0351 Currie, Myrtle Denied 85-cv-0352 Davis, Edna B. 214.68 85-cv-0354 Dodd, Lawrence Denied 85-cv-0385 English, Jonathan Denied [*469] 85-cv-0398 Wilcoxon, Oral Denied 85-CV-0415 Nieves, Abigail Denied 85-cv-0439 Veldhuizen, Sara E. Denied 85-cv-0450 Mikos, Antoni Denied 85-cv-0462 Oliver, William J. Denied 85-cv-0481 Rosero, Luis G. Dismissed 85-cv-0189 Vinyard, Edward W. Denied 85-cv-0507 Kourieh, George Dismissed 85-cv-0528 McGraw, Yvonne 2,000.00 85-cv-0531 Serrano, Leone1 Dismissed 85-cv-0542 Khaton, Lawyel Denied 85-cv-0548 Vasil, Steven Daniel Denied 85-cv-0559 Ollie, Henry Lee Denied 8.5-cv-0581 Calhoun, Christopher B. 15,000.00 85-cv-0612 Barger, Lisha R. Dismissed 85-cv-0632 Reck, Arthur Denied 85-cv-0857 Campbell, Agatha J. Denied 85-cv-0662 Romero, Arnulfo Coronel Denied 85-CV-0666 Lewis, Nancy Marie 89.89

3,001.69 I

85-CV-0688 Pyka, John 85-cv-0690 Coulias, Frieda M. 2,376.41 85-cv-0721 Gibson, William Denied 85-cv-0725 Cooper, &MY Denied 8.5-cv-0726 Eckles, Eleanor & Hanner, LaVernia Dismissed 85-cv-0733 Tunget, Rebecca Ann Denied 85-CV-0739 Terrell, Maurice Denied 85-cv-0742 Roby, Thaddus 379.53 85-cv-0772 Wade, Leroy Denied 85-CV-0781 Calhoun, Carl P. Dismissed 85-cv-0790 Myles, Victoria Denied 85-cv-0820 Brokevicius, Anthony Denied 85-CV-0827 Gadlin, Ruth Denied 85-CV-0833 Henzler, Eva Dismissed 85-cv-0855 Miro,Maria Denied 85-cv-0859 Winslow, Kenneth Denied 85-cv-0880 Chapman, Marguerite R. Denied 85-cv-0945 Bekafigo, Ratko Denied 85cv-0956 Bowyer, Carolyn J. Denied 85-CV-0904 Covington, Gerald Denied 85-cv-0972 Nergard, Rory A. Denied [*470] 'j 85-CV-0974 Pathak, Raksha P. Denied 85-CV-0979 Wright, Charles Edward 2,560.00 85-CV-0982 Rodarte, Homero 15,000.00 85-CV-0983 Rodarte, Homero (Pub. in Full, 43 Ill. Ct. c1. 439) 85-CV-0984 Rodarte, Homero (Paid under claim 85-cv-0983) 85-CV-0985 Rodarte, Homero (Paid under claim 85:cv-o983) 85-CV-0986 Rodarte, Homero (Paid under claim 85-cv-0983) 85-CV-0987 Rodarte, Homero (Paid under claim 85-cv-0983) 85-CV-0988 Rodarte, Homero (Paid under claim 85-cv-0983) 85-CV-0989 Rossiello, Ernest T. Denied 85-cv-0991 Villasenor, Gabina Denied 85-cv-0992 Villasenor, Ricardo Denied 85-cv-1007 Llamas, Alfred0 Denied 85-cv-1025 Hicks, Terry Denied 85-cv-1033 Craig, Helen; for Christopher Iverson, & Hopkins, Patricia; for

Barbara Iverson Denied

85-CV-1037 Hicks, Maggie Bell Denied 85-CV-1051 Cintron, Hector L. Dismissed 85-cv-1055 Tricoche, Luis Dismissed 85-cv-1068 Pechter, Joseph Denied 85-CV-1069 Peters, Carol P. Dismissed 85-CV-1074 Valentine, Tulsa Denied 85-CV-1075 Haab, Josephine M. Denied 85-CV-1079 Garrett, Lillie Jo &

Seward, Patrick T. Denied

85-cv-1110 Braboy, Robert A. Denied 85-CV-1114 Schuh, Josephine 70.00 85-CV-1142 Luzwick, Eileen Denied 85-cv-1144 Bairaktaris, Melba Denied 85-cv-1150 Moton, Freddie Denied 85-cv-1167 Durso, William A. Denied 85-CV-1175 Myung, Chan Ho Denied 85-CV-1176 Reavley, Jerome B. Denied [*471] 85-CV-1177 Williams, Geraldine A. Dismissed 85-cv-1191 Siciliano, Richard F. Denied

85-(3-1192 Van Wassenhoue, Wayne E. Denied

85-cv-1199 DeLaCerda, Andrew Denied 85-cv-1204 Mosley, Freddie 1,156.79 85-cv-1230 Weiss, Wanda Dismissed 85-cv-1251 Langone, Joseph P. Denied 85-cv-1254 Nieves, Nancy Dismissed 85-cv-1280 Walker, Junior D. 255.80 85-cv-1288 Wipfel, Patricia Denied 85-cv-1288 Donatlan, Luis Denied 85-cv-1291 Singleton, Christopher Denied 86-cv-oO01 Elders, Ruth Ann Denied 86-cv-oO05 Radtke, Clarissa M. 148.81 86-cv-oO06 Stanley, Robert M. Denied 86-cv-0011 Stelmazek, Joan Denied 86-cv-0012 White, Mike Denied 86-cv-ooia Prather, Jesse Denied 86-cv-0022 Owens, Harvey J. Denied 8Bcv-0056 Gares, Michael Denied 86-cv-0070 Cooney, Catherine 1,583.53 86-cvm2 Ginn, Tami S. Dismissed 88-cv-0073 Hauser, Mark W. Denied 88-cv-0082 Tillman, Patrick E. Denied 8f$CV-O107 Ademoski, Irena Daniels & Mukades Denied 86-CV-0109 Cavanaugh, Agda Denied 86-cv-0110 Contacessi, Vincent 2,000.00 86-cv-0111 Barnes-Gadson, Carmen LaVon Denied 86-CV-0132 Malabehar, Anthony Denied 86-CV-0141 Foss, Ruth S. Denied 86-CV-0142 Sims, Lawanda Regina Denied 86-CV-0149 Barnes, Kenneth Denied

WCV-0154 Kaufman, Willard 270.00

86-cv-0160 Slupik, Tadeusz Denied 86-CV-0171 Hardy, Barbara 3,477.81 86-CV-0175 Moore, Ronnie Denied 86-CV-0178 McKenzie, John B. 7m.00 86-CV-0192 Haynes, Lawrence 15,000.00 86-cv-0195 Lewandowska, Zofia Denied 86-cv-0198 Romig, Robert A., Sr.