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On April 23 1987, Heidnik appeared in court for the first time
since his arrest. Beside him sat his counsel, Charles
"Chuck" Peruto. Heidnik had selected Peruto, an
experienced, sharp-minded defense attorney, based on his reputation
for defending sensational cases. The reason for the appearance
was to officially determine if the prosecution had the
"probable cause" to hold Gary Heidnik for the crimes he
had been charged with. For Assistant District Attorney Charles
Gallagher, the preliminary hearing was a mere formality as he
presented the state's case against Gary Heidnik. Heidnik stood
charged with murder, kidnapping, rape, aggravated assault,
involuntary deviate sexual intercourse, indecent exposure, false
imprisonment, unlawful restraint, simple assault, indecent assault
and other associated offenses.
The most damning evidence against Heidnik was the testimony of
the captives themselves. The first to be called was Lisa,
who described in minute detail how Gary Heidnik had chained,
beaten and raped her. Next to give evidence was Josefina.
In a clear and confident voice, she related her story
from the time she was picked up in Heidnik's Cadillac until the time
she was released. She was particularly graphic in her
description of Sandra Lindsay's death and the electrocution murder
of Deborah Dudley, particularly when she admitted that it had been
she who had pushed the power cord into the pit. Peruto later
cross examined Josefina and accused her of instigating many of the
beatings and the electrocution of Dudley. When Lisa was
cross examined, she too accused Josefina of being Heidnik's willing
partner in his acts of death and depravity, however her evidence was
refuted when Jacquelyn took the stand and told the court that
Josefina only did Heidnik's bidding when she was under threat of death
or punishment.
The proceedings ended with Dr. Paul Hoyer of the county medical
examiner's office giving evidence regarding the body parts and other
human remains found in Heidnik's kitchen. In a hushed court
room Dr Hoyer read out the items found like a gruesome shopping list
-- two forearms, one upper arm, two knees and two segments of thigh,
all cut with a saw, the tissue, muscle and skin still attached.
In all, twenty-four pounds of human remains were found carefully
wrapped and stored in Gary Heidnik's refrigerator. Gary Heidnik was indicted and held
for trial.
The trial began on June 20, 1988 in front
of a packed courtroom. From the outset, as Charles Gallagher
outlined the prosecution's case in all its gory detail, Chuck
Peruto knew what his defense was going to be, he was going to plead
his client guilty on all charges but was going to try and prove that
Gary Heidnik was certifiably insane.
If the prosecution's case had been strong at the pre-trial
hearing, at the trial itself, it seemed even stronger. With
both sides opening statements having taken only a few minutes,
Charles Gallagher began calling his witnesses to the stand.
For two days, the jury of six whites and six blacks, heard testimony
from the captives themselves, their families, the police and the
medical examiners. As the judge excused the last of the
prosecution's witnesses, Chuck Peruto requested that the charge of
first-degree murder be removed on the grounds that intent to kill
had not been proven. Judge Lynne Abraham's reply was one that
Peruto would become familiar with during the trial,
"overruled."
Chuck Peruto's defense was centred around two men, Heidnik's
psychiatrist, Dr Clancy McKenzie and psychologist Jack Apsche.
Unfortunately for Peruto, and Heidnik, when he called his first
witness to the stand, he found that McKenzie had his own agenda.
McKenzie, who had spent a total of one hundred hours with Heidnik,
refused to answer direct questions, preferring instead to launch
into intellectual discussion on schizophrenia and other associated
mental conditions, which at times completely confused the jury.
Eventually, Peruto managed to direct McKenzie to give his opinion on
the most important aspect of an insanity defense. At the
time of the offenses, did Gary Heidnik know the difference between
right and wrong? McKenzie responded that Heidnik did not know the difference
Peruto then asked the judge to instruct the jury to consider the
possibility that Josefina was actually an accomplice of Gary
Heidnik's. Judge Abraham answered that she would be prepared
to do so as long as he understood that it would indicate to the jury
that if Heidnik was capable of enlisting the aid of an accomplice
then he was clearly not insane. Wisely, Peruto decided not to
pursue the point. The following day, the defense case received
another setback when Judge Abraham refused to admit most of Jack
Apsche's testimony on Heidnik's mental history, ruling it
inadmissible. Peruto was caught completely off guard by the
ruling as most of his insanity defense was based on the testimonies
of Apsche and McKenzie but in a short time, McKenzie had undermined
his own credibility and Apsche was not allowed to table the results
of weeks of painstaking research into Heidnik's medical history, the
details of which Peruto believed would prove that his client had
been insane for most of his adult life.
Peruto then played his final card by calling Dr. Kenneth Kool,
another psychiatrist. Kool was able to give part of his
professional opinion regarding Heidnik's sanity but in a closed
session, Abraham ruled that his testimony was "confusing the
jury" and ruled that most of it be stricken. Kool also
had his testimony damaged in cross examination when he admitted that
he had only spent twenty minutes with Heidnik and had "left in
frustration," when Heidnik refused to talk to him. When
Gallagher asked what he had based his analysis on, he admitted that
he had relied on Heidnik's previous medical history.
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| Tracy Lomax, left, and Carolyn
Johnson, remember victims Sandy and Deborah
at the trial (AP) |
As a parting shot at the already damaged defense case, Gallagher
called an additional witness, Robert Kirkpatrick, Heidnik's broker
at Merrill Lynch. Kirkpatrick gave evidence that the Gary
Heidnik he knew was "an astute investor who knew exactly what
he was doing." For the next few days Peruto and Gallagher
called additional witnesses to prove and disprove each other's
arguments until there were no more witnesses to call and they began
their final summations. The following day was taken up with
Judge Abraham instructing the jury on the technicalities of the
various degrees of murder and other legalities to help them reach a
verdict.
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Finally on June 30 1988, after sixteen hours of deliberation over
two-and-a-half days, the jury was ready. As Betty Ann Bennett,
the jury foreperson, stood to read their verdict, Chuck Peruto was
confident that his client would be found guilty of the lesser charge
of second-degree murder and thereby escape the death penalty.
His hopes were dashed, however when Bennett began reading the
verdict.
"For the murder of Deborah Dudley, guilty in the first
degree. For the murder of Sandra Lindsay, guilty in the first
degree." And so the list went on. By the time
Bennett had finished, Heidnik stood convicted on eighteen charges.
Two counts of first-degree murder, five counts of rape, six counts
of kidnapping, four counts of aggravated assault and one count of
involuntary deviate sexual intercourse.
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| Gary Heidnik in court |
With the verdicts announced, Judge Abraham retired the jury until
nine a.m. the following day when the prosecution and defense
attorneys would have the chance to address the jury before the
sentence was decided. By 12:15 p.m. the next day, the jury had
made a unanimous decision; Gary Heidnik should be sentenced to death
for the murders of Deborah Dudley and Sandra Lindsay. Just as
he had throughout the trial, Heidnik showed no sign of emotion when
the sentence was read.
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