Sheley - Medical

FROM :DR ROBERT HANLON
FAX NO. :3122020755

Dec. 12 2008 12:25PM P4

REPOR1' OF NEUROPSYCHOLOGICAL EVALUATioN

Defendant; Sheley, Nicholas

Case: People of tho State of Illinois WL Nicholas Troy Sheley

Case f/; 08-CF-338

DOD: 7/3111979

Education: GEl> Handedness: Right Medications: Zantnc, Claritln

DOE: 10/31 (OH and 12/6/08

Report Date: 12/] O/OH

Examlner. Rober! Hanloll, Ph.D., AHPP

Board Certified Clinica! Neuropsychologist

Associate Professor ofPsychiatry and Neurology Northwestern University Feinberg School of Medicine

Reason for Referral

Nicholas Sheley is fl. 29 year old tight handed male charged with first degree murder and vehicular hijacking in relation to the death of Ronald Randall in Knox County, Illinois. He is also charged ill relation to the deaths ofRussell Reed, Brock Branson, Kenneth Ulve, Kilynna Blake) and Dayan Blake in Whiteside County, Illinois. He is also charged in relation to deaths of Jill Estes and TOIl.J Estes in Festus, Missouri.

He was referred for a forensic neuropsycholcgical evaluation by Jeremy Karlin and James Harrell (defense attorneys) (.0 provide an objective assessment of his current cognitive abilities, intellectual Junclions, behavioral status, mental capacity to stand trial, menta! capacity to waive trial counsel and mental capacity to represent himself at trial.

Impression

On nhjective neuropsyohotogtcal assessment, Nichnlas Sheley reveals evidence of mild but sig-nificnnt cognitive impairments, including impaired memory functions and Impaired executive functions, which involve defective declston-making and problem solving ahilities. His cognitive impairments arc compounded by a Iongstandlng, developmentally-based behavioral disord er, involving impulsivity, poor frustration toleran ce, behavioral agitation, and ernnrlnnal dyscontrul, characterized by intense anger, hostility, and explosive aggression.

He also manlfests significant personality pathology, characterized by extreme narcissism, an exaggerate!.} sense of self-Importance, and grandiose beliefs regarding his abilities that horrler on delusional. He is generally snspicicus of the motives of others and whenfrustrated may become frankly paranoid, rcsuritug in lin escalation of aggressive impulse ... to a level of infcnsely agitated hostility. As such, he manifests n Mixed Personality Disorder, with narcissistic, paranoid, and antisocial traits.

£ll-/JBJT-A

FROM :DR ROEERT HANLON

FAX NO. :3122020755

Dec. 12 2008 12:26PM P5

Page 2

Defendant: Sheley, Nicholas

IUs cognitive impairments seem to be due to multiple factors: (1) dcvelopmentallyhosed cognitive Ihuitattons: (2) multiple incidents of closed head trauma and serial concussions sustained in fights, falls, and motor vehicle cclliainna; and (3) chronic substance abulic, primarily involving binge-pattern alcohol and cocaine abuse, with recurrent high volume crack cocaine binges. His current neuropsychological status is characterized .us follows:

flo He successfully completed 4 separate symptom validity tests, reflecting optimal test-taking effort. At:. a result, he revealed no objective evidence of cognitive symptom exaggeration or cognitive malingering.

• Mild-moderately impaired verbal memory and learning functions, due to a defective capacity for verbal encoding, Retention and retrieval of successfully encoded verbal information are within normal limits. However, his recall of'previously learned information is confounded by a mild tendency to confabulate (i.e., filling in memory lapses with likely but uncertain information) and characterized by a deficient capacity for differentiating previously acquired information (i.e., true memory) from similar information that was not part of the originally encoded information (i.e., false memory), Visual-nonverbal memory functions, including encoding, retention, and retrieval, are preserved.

• Mildly impaired executive functions, involving defective decision-making and problem solving abilities. He manifests u defective capacity for making strategic decisions based 011 feedback regarding the accuracy of his choices. Additionally, he seems to have ail insufficient capacity to learn from hill mistakes or the consequences ofnegative experiences. lHs executive dysfunction is compounded by impulsivity, poor frustration tolerance, and emotional dyscontrol,

• Attentional fUl1L:ll011S arc generally within normal limits in both the auditory and visual modalities, However, deliberate, sustained, focused attention over time is variable, due to poor impulse control.

• Language functions) including narrative fluency, generative fluency, word retrieval, auditory comprehension, reading accuracy, reading comprehension, and spelling, are within normal

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• Visuopcrceptuai functions, including visuospatial analysis and spatial integration, are generally intact.

• General intelligence is in the Average range (Full Scale LQ. = 94). Both verbal and visualnonverbal intellect, .. ial functions are generally within normal limits. However, his current intellectual status (Full Scale LQ, of 94) is notably decreased relative to his il~tellectual ~tatu~ in 1987 (Full Scale LQ. of 107), primarily due to an 18-poitlt decline in verbal intelligence (current WATS~lV Verbal Comprehension Index "" 96 vs. WlSC-R Verbal Li). of 114 in 1987). .


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Dec. 12 2008 12:27PM P5

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Defendant Sheley, Nicholas

• Objective assessment of personality and psychopathology (i.e, Mr:wl~2 an~ MClv!.T-IU) reveals severe personality pathology, involving longstanding emotional and behavioral dyscontrol, characterized by impulsivity, emotional immaturity, and explosive behavi?f '. He manifests extreme narcissism, an exaggerated sense of self-importance, and grandiosity regarding his abilities that borders on delusional. He is sUBpicious of the motives of others and is likely 10 manipulate and exploit others for personal gain. Consistent with his history of impulsive aggression (i.e., he reports that he has beejj in over 100 fist fights, many of which also involved the use of weapons), nil> personality profile reflects poorly controlled aggressive impulses that may escalate when frustrated to a level of intensely agitated hostility and violent aggression. Due to his narcissistic and grandiose sense of self, he is likely to expect special recognition and consideration from others. Consistent with his history, his personality profile also reflects longstanding drug and alcohol abuse.

Axis I:

294.9 Cognitive Disorder NOS 305,60 Cocaine Abuse

305.00 Alcohol Abuse

301.9 Personality Disorder NOS

(Mixed Personality Disorder, with narcissistic, paranoid, and antisocial traits)

Axis IT:

Opinions

Based on a comprehensi VB ncurcpsychological evaluation and review of all available records, my opinions to a reasonable degree ofneuropsychological and scientific certainty are as follows:

It is my opinion that Nicholas Shclc:y is mentally fit to stnnd trial and he is cupable of assisting counsel jn his defense, ifhc chooses to do so. Be. clearly possesses the basic mental abilities necessary to render him flt to stand trial. He is aware of the charges against him and the circumstances surrounding his arrest. He possesses adequate knowledge of court terminology, his legal rights, and the court plOCCSS. He understands the role of key court personnel, including the Judge, Defense Attorneys, and the State's Attorney. He understands the concepts of witness and evidence. He understands the concept of a plea agreement find the consequences of pleading guilty.

~_~~ ~_!i~E_<:?apable of assisting defense counsel in his defense.

-'·~····---·-'·~··'···'_'· ·'_· ' ~ __ " __ •• _r~~~' ~ __ '~_"_._ •• ._ •. .• __ .. __ r •• "_.'r. __ r ~, .• ~~ ,_~~~~ __ ~_~ •• _~" __ ._ •• __ " . •• , __

It is my opinion that Nicholas Sheley is capable 01' knowingly and intelligentlY npprcciating his right to representation at trial, but he is NOT cJlpable of lrnow in¢ly and intcUigently appreciating the right to waive that right, In my opinion, he manifests a personality disorder, which is characterized by an inflated sense of s~lf.importance, unrealistic and grandiose belief; regarding his abilities, and a narcissistic sense of superiority that borders 01t delusional. As a result of his extreme narcissism and grandiosity regarding his legal knowledge and ski lls, he is unable to realistically appreciate the consequences and potential pitfalls of waiving his right to

co unscl. .

It is my opinion that, due to his cognitive impairments, Nicholas SheleY is NOT capllble of representing himself' at trial. Despite hit; impaired memory and impaired executive functions, he is capable of (1) reviewing voluminous discovery in written, audio and visual format; (2)


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Dec. 12 2008 12:28PM P7

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organizing this discovery i .. n a meaningful way; (3) recounting relevant facts; (4) understanding courtroom developments; and (5) being motivated to represent himself. However, in my opinion, due to his verbalmemory impairment and defective decision-making capacity, combined with his emotional dyscontrol, impulsive tendencies, poor anger control, narcissism, and grandiosity with regard to his abilities; he is not capable of (6) consistently thinking coherently and objectively; (7) maintaining his temper; (8) maintaining focus for hours at a time; (9) consistently formulating a11C1 expressing his thoughts in a coherent and logical 111an11er in both oral and written form; and (10) effectively and strategically thinking on his feet Finally, in my opinion, Nicholas Sheley does not possess (11) the cognitive capacity to effectively represent himselfin a court of law,

Records Reviewed

Peoples Answer to Discovery (First Supplemental) Peoples Answer to Discovery (Second Supplemental) Peoples Answer to Discovery (Fourth Supplemental) Peoples Answer to Discovery (Fifth Supplemental) Report of Proceedings of Custody Hearing on 7/3/08

Report of Proceedings of Appointment of Public Defender on 7/9/08 Records of Knox County Grand Jury, July 21, 2008

Report of Proceedings of the Arraignment find Motion to Preserve EVidence 0118/6/0); Report of Proceedings of the Notice of Intent to Seck the Death Penalty and Motion Hearing

on 9/3/08

Report of ease Management Conference on 9/11/08

Report of Proceedings of the Hearing regarding the Court's Determination of Defendant's

Election 10 Challenge Effectiveness of Counselor Represent Himself on 9/19/08 Preliminary Forensic Pathology Report rc: Ronald Randall

Autopsy Report re: Ronald Randall

Report () f Criminal History of Nicholas Sheley

Observations of the Defendant 11Y the COLjJ'l ul September 19,2008 Hearing Unusual Occurrence Report, Sgt. Dawn Dennis, Knox County Jail

Unusual Occurrence Report, Deputy M. Haynes" Knox County Jail

Court Order on 10/27/08 re: Assessment of Fitness to Stand Trial, Capacity for Self-

Rcorcecntation, and Capacity 1'0 Appreciate the Right to Waive the Right to

Representation at Trial ,.----,--~~~~_JlalldwrittenJ.locllmenuitledMotion_to-RcmO'le.AU~C(tUli~Appo.inted_(~Qut1seL{)n-~-~~~-~~~-~-----~.---.--.~ .. -

, Defendant's Behalf '

Records of City of Sterling 'Police Department

Records of the Illinois State Police

Records of Whiteside County Sheriff's Department Records of Emergency K-9 Operations! Inc.

Report of Postmortem Examination of Russell Reed Records of Lee County Sheriff' Ii Department Records of Rock Iralls Police Department

Records of Federal Bureau of Investigation

Records ofU,S. District Court, Northern District of Illinois

Records ofOffice of the Attorney General) Division of Investigations Marriage License of Nicholas Sheley and Holly Gaul

Records of Granite City Police Department

Photos of Nicholas Sheley at Sterling Federal Bank


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Records of Davenport Police Department Records of Rock Island Police Department Records of Galesburg Police Department Records of Dixon Police Department Autopsy Report re: Kilynna Blake Autopsy Report rc: Brock Branson Autopsy Report re: Duyan Blake

Records of Illinois Department of Corrections

Records of Major Case Squad of the Greater St. Louis Area Records of St. Louis County Police Department

Records of Festus Police Department

Crime Scene Photos XI;: Deaths of Jill and Thomas Estes Autopsy Photos of Jill and Thomas HHtes

Records of Statewide Terrorism & Intelligence Center Records ofSterling Rock Falls Clinic

Academic records fromSterling Schools

Birth Certificate of Nicholas Troy Sheley

Records of CGn Medical Center

Records of COB Medical Center Physician Group Records ofSinnissipi Centers, Inc.

Letters written by Nicholas Sheley while in Knox County Jail Knox County Jail records re: Nicholas Sheley

Decision of Supremo Court of 111ino.\8 re: People of the State of Illinois, Appellee v. Donald Lego, Appellant

Decision of Supreme Court of United States re: Indiana v. Ahmad Edwards Amicus Brier or the American Psychiatric Association and American Academy or Psychiatry and the Law rc: State of Indiana v. Ahmad Edwards

Report of Forensic Psychiatric Evaluation by Terry M. Killian, M.D, on 1 J 19 and 11/15/08 101 DVJ.)s re: crime scenes,evidcnee, witness interviews, letters, autopsies, and JELil videos

Warning or Non-Coufldentialtey

On 1 0/31/08, Nicholas Sheley was informed that a neuropsychological evaluation had been requested by his attorneys in order to provide an objective assessment of his current cognitive,

....... ~~fulot!!f!:L and QQha"dmaLsta.tuse--lle.wQ.s-al.$(.).j,).lfQt:lned-that, .. as-part-of-the-forensic .. -- .. -·---·- .. -----· .. -·· .. ·--··-- .. --·

neuropsychological eV41 uation, formal assessment of his mental fitness to stand trial would be

completed. He was also informed th~t) as part of the forensic neuropsychological evaluation, his

menial capacity to waive trial counsel and represent himself at trial would be addressed. He was

informed that all information he provided during 111e COL"U'se ofthe evaluation, &11 statements made

during the Course of the evaluation, all responses to questions during the COurse of the evaluation,

all neuropsychological test data, and all findings, results, and opinions generated during the course

of the evaluation would be available to his attorneys, the prosecutors, and the court. AI;! such, he

was informed that all in formation, firldings., results, and ()pil1i()n~ generated from the evaluation

were nonconfidential. :r Ie stated that he understood the nonconfidential nature of the evaluation and

elected in proceed.

On 12/6/08, he Was again informed of the uonoonfidentiai nature of tho evaluation and he read, signed rmd dated a form titled Consent to be Examined and Non-Confidentiality Notifioation that explained the nonoonfidential nature of the evaluation,


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Dec. 12 2008 12:30PM P9

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Defendant: Sheley) Nicholas

History

(The following Infnrmution was obtatned from available records)

On 1/7/87, Karen Hull, Bi-County Special Education Cooperative, documented that "Nick exhibits weakness in t~U areas of language arts. His visual-motor development is poorly developed for a child of hi$ age_ His attention span 1.<; also very short for a child of hi s age. Mathematics is his strength. "

On 1122187, John Zbinden, School Psycbologist, Hi-County Special Education Cooperative, documented that "Nicholas has been delayed in his acquisition of reading and written language skills. lIe does not learn and <Lpply word attack skills but may memorize whole words. Language experience methods have been used but thus fur have not been successful.'> He added that "qualitatively the student's attention span is poor and motivation for school related tasks low. Sometimes Nick gets nervous and eats pencils. Often Nick can be off task! even taught one-toone." .Fi.oal1y. he noted that "there have been some discipline incidents 011 (he playground and the bus involving impulsiveness and. lack of concern for others' rights." On the Wechsler Intelligence Scale for Children-Revised (WISC-R) he achieved a Pull Scale 1,Q, of 107 (Average range), a Verball.Q. of 114 (Iligh Average range), and a Performance T.O- of9R (Average range), On the Woodcock-Jolmson Psycho-Educational Battery, he reportedly revealed a "moderate deficit" in Reading and a "moderate deficit') in Written Language.

On 1130/87, a Schoo! Social Worker, Bi-County Special Education Cooperative, documented that (lit is significant to note that when five years of age, Nicholas and his entire family were nearly asphyxiated by a gas leak from their furnace in the family home. Nicholas was hospitalized for three days as a result of this accident. However, it ls felt that no long term effects were suffered as a 1·cs111t." She added that "Nicholas 1~ :;;~ud to be a very short tempered youngster who i!l oftentimes independent. A competitive youth, Nicholas frustrates easily."

In 1.1./90, on the Stanford Achievement Test Series, while in the s" grade (age 11 yrs 3 mos) his performance on. the Listening subtcst was at the 3.1 grade equivalent,

On 9114/94, Murk Styczynski, M.D. documented "the patient is a l f-year-old white male

who was brought to the emergency room after being discovered by his parents to have beet'! _che:wing.;iims.o-n-wee~l-at-th&--enefJu1'agemeJ1-t-oJ'-a-:Friendibl~eitherit8-treIlcficja:t-effecCs6fi-a§fllma 0["---------·---for a 'buz'. The patient claims he Jell somewhat ftmny within 'an hour or two after chewing the

weed, and when the parents discovered what had happened and became aware of the risks, they

brought the patient and his brother to the emergency room for evaluation, Past history is slg11iJicant

for carbon monoxide toxicity several years ago."

011 1/22/95, .TO~e LihuUJ.1UO M.D. documented "this is a 15-year-old Caucasian male child wh.o was brought into the emergency room em Maron 22, 1995 by parents after he apparently overdosed on an unknown substtm.ce. Parents state that this hoy was with friends at tho friehd's house and he apparently was brought home in it. bizarre mentation. The patient was out of control. He has been combative and! ill fact, he grabbed hold ofthe nurses in the emergency room and also tried to hit his father. He apparently also ran and bumped himself onto the wall in the emergency room." Diagnosis was Acute.Cocaine Overdose.

FROM :DR ROEERT HANLON

FRX NO. :3122020755

Dec. 12 2008 12:32PM P10

Page 7


On 3/22/95, Mark Styczynski, M.D. documented that "patient is a 15~ye~lr-otd white male who was brought to the emergency room by his parents late on the evening of March 21, 1995.and was found to have a needle puncture wound on the right forearm and COC~tj11c in the urine specimen. The patient acted quite agitated and somewhat confused while in the emergency r00111 and is being admitted for further observation. Significant for hospitalization only a few months ago for eating jimsonweed with fin attempt to gel a hallucinatory euphoria."

.. On 12/21/95, the Supreme Court of Illinois in People v. Donald Lego held that expert

testimony indicated that the defendant suffered from an organic mental disorder caused by the abuse of alcohol, resulting in an organic personality disorder and cognitive impairment involving memory impairment with cnnfabnlation, rendering him incapable of appreciating the dangers 0.1:' waiving his right to assistance of counsel and established that the trial court erred in the capital murder case by permitting the defendant to represent himself (Wostlaw)

On 9/14/03, an EMT report documented "dispatched to the scene for an altercation with unknown injuries. Arrived on scene to find the above pt. standing at the scene. Pt. had blood coming from sevcral Iacerations on his head. Pt. very agitated at the scene due to being involved in some type or altercation. Pt. stated he did 110t need medical attention because it cost too much. Persuaded pt. to go to ambulance for evaluation, Cleaned pt. up to reveal four laoe.rations of about

1 inch in length to left side of head due to a blow from what pi. said was a possible chain or basebal [ hat. PC alert and oriented to person, place, date, and time."

On 9114/03, an Incident Report by the Sterling Police Department documented that Nicholas Sheley sustained "head injuries') in a street fight, involving the use of a baseball bat, <1. chain, and a hammer.

011 9/14/03, II report by Sgt. R. A llen, Sterling Police Department documented that both Josh and Nicholas Sheley "were bleeding profusely from the head and face. They were both very agitated, angry, yelling profanities, etc. It was apparent they had each been beaten about the hoad and face by a blunt object, which caused g<r,she,<;and swelling."

On 9/14/03, a report by Offioer Sarah Hackbarth) Sterling Pollee Department documented that "the Dr. Binns ordered the EMT's to take Nick to CGll because Nick had been consuming alcoholic beverages and because he had a head injury."

On 9/14/03, C'T scan of the brain was negative. A scalp hematoma in the left parietal region was evi dent.

On 9/14/03, a Sterling Police Department report documented that "Nicholas admitted to being drunk but denied he had taken any narcotics. Nicholas said he doesn't remember kicking out the squad window and escaping. He said he remembers the fight, being in the hospital) and 111C11 waking up in D,. cornfield with handcuffs on. Nicholas said he then walked to his sister's house, 1503 16th .A ve. Nicholas indicated he doesn't remember due to his head trauma." .

On ()/2SI03, records ofCGH Medical Center Physicians GTOUp documented the following symptoms re: Nicholas Sheley: headache, blackouts, dizzy spells, blurred vision, and memory loss following "head trauma" "2 weeks ago with blows to the head." CT scan of the head was reportedly negative. MRJ. of the brain was recommended.

FROM :DR ROBERT HRNLON

FRX NO. :3122020755

Dec. 12 2008 12:33PM Pl1

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On 10/28/03, an Outpatient Progress NMe, moc, re: Nicholas Sheley, documented "Received telephone can from Offenders Mother - ccncern about son and need tor follow up after head injury - he told her having severe headaches and blurred vision. MD who saw at County Hospital wanted MRT and Ophthalmology consult

On 2/10/04, a Clinical Assessment Report at Sinnissippi Centers documented "Client is a 24 year old white male who currently resides with his parents in-rock Falls TL. Client stated 'T guess 1 am supposed to do some ~mger management or domestic violence classes. Client states he was released from the DOC on 12- '18-03 where he had been placed on a parole violation for the charges mentioned above. Client states the charges were eventually dropped and so he was released. Client had been in the DOC prior to that for 3 years on Ml aggravated. robbery charge and had been out since July of2003 before the violation. CIi~.nL states he originally went to the DOC for 3 years because he had set up a drug deal that went bad and got charged with armed violence initially which was changed to aggravated robbery." It was also noted that "client has had 2 Dl.Il's in the past and was also in the DOC once before ill 1999 for 61 days because he had violated his probation with an illegal consumption charge. Client was referred to SCI back then as well for an evaluation by his parole officer on January 11,2000." It was noted that "Client also reported blackouts (In more than 1 occasion and sometimes would drink the next day upon waking and then would continue through the day," Principal diagnusis was Alcohol Dependence.

On 10/8/04, he completed the Angel' Management Group at Sinnissippi Centers, 111c.;,

On 3/30/05, an EMT report documented (hal "pt was found lying on the floor in the hall of the Rock Falls Police Station. On our arrival an Officer was at the door and stated the pt had just stopped breathing. Pt WUH thrashing around with Officers holding him down as the EMS crew arrived inside. Pt was cyanotic and gasping, Pt was stating he could not breath but would not keep an 02 musk on and would not allow auctioning by Firemen or a bagvalve mask to be used. P( was very violent and needed about 4 Firemen and an.Officer to hold him down. Pt had been peppered sprayed. at about 1800 hIS and now stated. he has asthma and cannot breath. When an attempt (/1 listen to his breathing was made he would hold. his brearh."

On 717/06, Paul Steinke, D.O. documented "this 26wyear-old mule presents with a three-day

history of sinus pain and pressure, headache, sore ~~Oilt~ p_9stl1a?al drainage, S0111~ shortness 2L__~ ~ __

'~'---~----ofeaffi;SIUffiwsej ana nonproductive cough." Review of systems included "Neurologic, some

headaches, confusion, and 11101110ry problems."

On 2111108, the Amicus Brief of tile American Psychiatric Association and the American Academy of Psychiatry and the Law re: State ofIndiana v, Ahmad Edwards documented thut "cognitive deficiencies are commonly linked with impaired ability to formulate and to express thoughts in ~11l understandable; coherent lTI<Hl11er." And, il was documented that "greater capabilities are generally required to play the rolo of lawyer than of represented defendant. A defendant may) 01' course, either have or lack relevant capabilities for both purposes. But a pro se defendant IS generally called on to do significantly more [han a represented defendant." And, it was documented that "when a defendant plays the role of lawyer, the defendant himself must have the wider range of dcclsiou-making and QogJ:litivc/ootlJmunication capabilities that ordinarily unly counsel need have."

On 2117/08, he was diagnosed with acute bronchitis.

FROM :DR ROBERT HRNLON

FAX NO. :3122020755

Dec. 12 2008 12:34PM P12

Puge9


On 6/12/08, chest x-ray was unremarkable. Intake notes documented that "pt. attributes onset of sx to trauma from rollover a 4-wbeeler 2 days ago. No head inj, or LOC."

On 6/18/0B, Marcelyn Meister, PA-C, MS~ Sterling Rock Palls Clinic documented Htlle patient is a 28-year-old male of Dr Steinke's who presents to the office with a complaint of rightsided chest pain for the past five days, He rates the severity a 10/10, He was seen in the emergency department on Thursday afler being in a (our-wheeler accident two days prior. At that time, he was diagnosed with bronchitis.' Sbe concluded that "patient's chest pain is likely a multifactorial including pleurisy as well as recent history of trauma in a four-wheeler accident."

On 6/19/08, the Supreme Court of the United States in Indianav. Ahmad Edwards held thal "United States Constitution permits states to 1n~lst upon representation by counsel for those who arc competent enough tel stand trial but who still suffer from severe mental illness to the point where they me not competent to conduct trial proceedings by themselves."

On 6/23/08, a Warrant for Arrest of Nicholas Sheley was issued by The Circuit Court of the Fourteenth Judicial District, Whiteside County, Illinois.

On 6/24/0B, Sterling Police Department reports documented that Nicholas Sheley allegedly

committed the crime!'> or Aggravated and Residential BUl'glmy 111 Sterling,

Illinois, The victim was 90-yeal' old Nicholas Sheley as the

offender in a Photo Army Questionnaire,

On 6/30108, an Investigative Report Narrative/Follow-up Report by Det. Sgt. Jay Koett, Rock Falls Police Department documented the "Investigation of quadruple homicide of Brock Branson, Kilynna Blake, Kenneth Ulve, and Dayan Blake." Details of the investigation noted that "On 061.10/08 at 4:00 p.rn. T was advised via police radio that we had received a call about several deceased individuals ill an apartment located at 1201 AVenl,.le A~ Apt #5, Rock Falls.') Det, Sg1. Koett noted that "Immediately after the door was open T could smell a strong odor of decay, 1 attempted to push the door npen but there was u bmly JURt inside the doorway which prevented me from opening up the doorway more than about 12 inches. 1 advised Officer Holloway and Officer Jaramillo to stay at the doorway while I entered the apartment to ascertain if there was anyone

___ . __ --"in~si"-"d""e....LWho may 1'cqull'C medical attention. As r entered the apartment 1 eould sec that the body that

was blocking the door from opening had a massive injury to the side of the head, Just to U1C rig'-:}c-1t-· o---cfO:--------

the body there was a doorway which led into a small bedroom: Seated in the chair in this bedroom

was another subject who also had massive injury to the head. In this room there was a small

television which the victim's chair was facing and there was some type of repeating music coming

from this television, T then exited this room and proceeded down the hallway which led into the

living room of the apartment. Lying in this hallway just past where the first body was laying there

was another body at the end. of the hallway where it opens up in to the living room. This body too

had massive head trauma. Just past this body T COLdd see the legs of what appeared to be toddler

extending past the left 'hallway wall. The torso of the toddler could not be seen until I reached the

end ofthe hallway, and it was then that I could sec the toddler appeared to have head injuries, I

then walked through the kitchen which led 10 a back pantry laundry room and back door. r could

see. that the back door was locked, T. then walked hack through the kitchen and there was a door

way in the hallway which led to a bathroom and another bedroom. r check both of these rooms,


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Observed a pair of'tan shorts lying along side of the bed. I then left the apartment and called for crime scene personnel."

On 711108, a Warrant for Arrest of Nicholas Sheley was issued by the U.S. District COUlt, Northern District 0 f Illinois.

.. On 7/1108, £\. 'Preliminary Forensic Pathology Report by Violette Hnilica, M.D. documented

that Cause of Death of Ronald Randall was "Blunt Force injuries of Head"

On 7/1/0B, the Autopsy Report of Ronald Randall by Violette Hnilica, M.n. documented extensive head. trauma and brain damage

On 7/1/08, Nicholas Sheley was attested as he exited Bindy's Dar and Restaurant in Granite City) TIlil10is

On 7/1/08, a Supplementary Report by the Granite CHy Police Department documented thai "Sheley Slated that after he got out of prison he began going to church, Sheley stated that he tries to stay focused ()11 God, but he keeps messing up. Sheley again stated that had messed up a lot of things. Sheley stated he had been praying for forgiveness 1'01' his sins, and wanted to believe God would gl1ll allow him into heaven. Sheley stated that he thought God would forgive him; but did not believe others would, Sheley then began crying."

On 7/2/0R) a Search/Seizure Warrant issued by the Circuit Court of the Fourteenth Judicial District, Whiteside County, JJ linois documented the Iollowing:

"On June ze", 2008, Russell Reed's son, Lyle Reed reported that is father lives alone at 16664 BIu\') Goose Road, Sterling, Illinois fwd was missing and had not been heard from lor the las! couple of days. In response to his report, Deputies went to Russell's residence and were admitted to the house by the son. Once inside the house, deputies ObSlTVL:d apparent blood on several locations. family member reported that Russell owns a 2003 Buick Century auto and that that vehicle was not present at the residence and was missing.

In a walk around the property, Deputies located a 1996

__________ _..!l~;a~d,!,!,i.!_'ll£ac"_.H~.c!dcut.!o\.!,·oU1obile befu:.i.D.gJl.li.IJ.i:,li.sJ_iPJ.m . .s.e_jt6..24j_Q32_tD_thtL~fJ.s..t_side,,---- ~

of a corn crib on the property, The vehicle is parked in a location

which is not visible from the roadwuy of Blue G()OI:'C Road ..

Once the vehicle was observed, license information was obtained which showed it to be registered to Nicholas Sheley and Holly Gaul. Russell Reed's sons Donald and Lyle have told deputies that they do not know either Nicholas Sheley nor Holly Gaul, but Donald Reed was aware that them had been a mall and woman at his father's house collecting scnLp steel within the last two months.

On the mid afternoon of June 26th, 2008, the champaign colored. 2003 Buick Century registered to Russell Reed was located backed into the driveway of 1732 Griswold, Sterling. Subsequently, that vehicle wasexamiucd by Illinois State Police crime scene technicians and the body of Russeli Reed was Iocated within the trunk


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of the vehicle. The vehicle bas been impounded for further examination.

0116/26/08 lonna Henson was interviewed by Al1g01a Stoller and Charlene Seas of the Illinois State Police. Henson reported that nn 6/25/08 in the afternoon hours sh(;l drove her grandmother's 1,997 Chevrolet Monte Carlo Coupe with Illinois registration 6862631, along with Eric Smith, Joshua Sheley and Nicholas Sheley to Chicago

Illinois. "

She reported that several times during (he trip, she had inquired about its purpose 8J1d had been told not to ask too many questions, She reported that after arriving in tho Chicago urea, Nicholas Sheley bad deposited the pair of shoes that he had been wearing in a dumpster. They later stopped at a store in the Chicago area and he purchased a~ new pair of shoes,

On June 28, 2008, Sergeant Jerome Dostiow of the Illinois Slate Police and Detective Luyando of the Sheriff's Department interviewed Eric A. Smith (DOB 12-4-79) a known associate of Nicholas Sheley," When Smith WU$ interviewed, he was 111 custody and had been advised of, and had waived his Miranda rights.

Smith told the officers (hat he had indeed been 011 the trip to Chicago as described 1'1y Jcnna Ilenson, He also told officers that Nicholas Sheley had showed up prior to thai trip at Smith's house at 3006,11 Avenue covered in blood and saying thai he needed a shower and. to geL rid of someclothes.

On Juno 30,2008, an udditional a deceased individuals were found in a residence in Rock Falls, Illinois and preliminary investigation revealed that those individuals died as the result of blunt J()l'CC trauma. j)

On 7/2/0'0, the Report of Postmortem Examination oCRusseU Reed documented that "the death of' this 93-year~Qld, White male, Russell R. Reed s is from Multiple Blunt force Injuries of the Head, Neck, and Chest."

-------............jf-). 1~~7-1~1-i-l0~.,--;.t-I?::ep_6rtl):f-(-4+Jttinn-J-Hi"St01)'~o-fNicll0Ias--S"be:~ey~doeumenteclc."h1:stcry--o-f-H total arrests and 9 total convictions, including the following: .

7/1/97: Charges - Drug paraphernalia; Unlawful use of weapon; DlH Alcohol/drugs; Possession of Cannabis

10/1/99: Charges - Possession of liquor by minor; Resisting a poace officer; Aggravated assault; Sentence 90 days in jail

1121100: Charges ~ Armed robbery and Discharge of Firearm (4 counts) (Dismissed) Sentenced ro 6 years inlDOC for Aggravated Robbery

7/17/00: Charges - Domestic battery; Dismissed

Sl/J 5/03: Charges - Aggravated battery) Escape/Peace officer, Criminal damage to property, parole violation

12/4/04: Charges ". DUIILiccnse suspended/revoked; Dismissed

1/12/05: Charges - DUl Alcohol/Drugs


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9/10107: Charges - Home Invasion with Firearm

6/3108: Charges - Driving 011 suspended/revoked license

On 7/15108, a Search/Seizure Warrant in the Circuit Court of the Fourteenth Judicial Circuit" Whiteside County, Illinois documented the following;

"On June 30, 2008, an additional 4 deceased individuals were found in a residence located at 120 1 Avenue A, apartment 5 in Rock Falls, Ill i nois find preliminary investigation has revealed that those individuals died as a result of blunt force trauma. Those individuals were B1:'o<)< Branson" Kenneth Ulve, Kilynna Blake and her son Dayan. The investigation has determined that neighbors heard a commotion in that apartment between approximately 1. J :00 p.m, and midnight on June 281h 2008.

Found inside the 1201 Avenue 1\, Rock Falls murder scent was a shirt with the letters 'A.J.l appearing thereon. That shirt has located upon if what the investigators 'have identified as a 'blood-like' substance.

That shirt hus been tentatively identified a .. ~ similar (0 Ol1(;J il131 Nicholas Sheley is observed wearing on Saturday June 28th at the 'Ily- Vee' gas station H1 approximately 8:25 p.m., in Galesburg, IL. At that time he is videotaped by the cameras at the station, driving 8· recent model Chevrolet full-size pickup truck. That truck appears to be identi cal It) (me owned by R011ald Randall,

On JUl1e 30th 2008 shortly aiter noon, the body of Ronald Randall is located neal' a dumpster behind the Galesburg Hy- Vee grocery store near. where Sheley had been observed driving the truck appearing to be that of Ronald Randall. Preliminary autopsy findings are that Mr. Randall died ol'blunt force injury to his head.

. At approxlmately 12: 15 a.m, on June 30th 2008 Nicholas

Sheley is Videotaped and observed by several witnesses in a Wal-Mart store i11 the greater Saint Louis, Missouri area. At that time, Sheley appears to be blood smeared (),D. hit' clothing and person. He buys new clothes and shoes and is taped as he leaves the store in a Chevrolet

pickup Wlli~h appears identical to that ofR.on;;:a.1--=d"_'R._.,a.,.n~d::.:::a~l1~. _

- At approximately '10:30 a.m, June 30th 2008 Ronald Randell's pick-up 1S discovered near 164 Cherokee, St. Louis, Missouri. The truck has large quantities of blood in both the cab and the truck-bed. Also found in the bed are U WOl11UUlS sandal and two teeth.

At approximately 11: 14 a.m, June 30th 2008 the bodies of Jill Estes and Thomas Estes arc found behind a dumpster in Fe"tLL,{, Missouri. Subsequently, the Estes' Corvette was located at a nearby motel. It is believed that Thomas and Jill Estes have been killed prior to Sheley having arrived at the Wal-Mart store several hours before the discovery of their bodies and it is later confirmed that Thomas Hstes owned a eel! phone with the number of 50 1-706-7630,

At 1 :39 a.rn, June 30d1 2008, Holly Sheley received a 57 minute cal] from Nicholas Sheley. A federally authorized device


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confirms that the call is made using Thomas Estes cell phone (501- 706· 7(30)."

On 71J 0108., Marcia Frey, mother-in-law of Nicholas Sheley informed the Illinois State Police that "Nicholas Sheley married Marcia's daughter, Holly Sheley, on May 1 O~ 2008. They met in the Ogle Co. Jail. He was violent and a drunk. Sheley was violent (award Holly; he kicked her down a set of stairs while she wns pregnant. Sheley committed a home invasion in 2006; he was also involved in the Keefer (phonetic) murder - which was drug-related, Sheley used cocaine, but she did not know if Sheley sold cocaine,"

On 1121108, a. Case Synopsis by Brad Perry orale Major Case Squad of Greater 81. Louis documented the following:

"On Juno 301h at 12:01 AM, the Festus Police Department received a call to respond to the Comfort Inn, a motel located just off ofInterstate 55. A person had located a dog that was covered in blood and an attempt was made to get animal control for possible injured animal. Festus Off cer Naeger CDSN 6S) met with Comfort Inn employee Tara Powell in an attempt to locate the owners of the dog. Regist1'ation indicated that Tom and Jill Estes had checked into the motel a dog. Staff called the Estes r00111 with no answer. TOn) and .1111 Estes were slaying in town due to attending a gradua(1011 party in Florissant Missouri, Staff attempted to locate by knocking on the door without response, Officer Naeger responded outside to U1C parking lot and discovered the Estes' red Corvette parked in the lot. AI'. officer Naeger started walking the area, he was discovering blood, described by him as large amounts. Lying near the blood was an tatting, along with another earring located in the bushes nearby. Officers also later discovered a pail' Or what appeared to be men's eyeglasses, damaged and distorted along with what. appeared. to be damaged women's ey$glasses on the parking lot. Officer Naeger checked the Corvette and found that it was unlocked. 'Pound in the corvette was a woman's purse with identification belonging to Jill. Estes." The bodies ofJ1I1 and Tom Estes were subsequently located

____________________ -=J.n~a~n=E=ar~oYJulnl~)S~[e~r~, __

On 7/21/08, before a Knox County G),~l11d Jury, John Pepmeyer, Kll0X County State's Attorney, read a bill of indictment involving len counts ofmurder alleged. Count I proposed "That on 01' about June zs", 2008, in Knox County, Illinois, the defendant, Nicholas Troy Sheley, committed the offense of first degree murder in. violation 01'720 ILCS 5/9-1(<'1)(1), in that said defendant without legal j ustification, lawful j ustification, with the intent (0 kill or do great bodily harm to Ronald A. Randall, caused blunt force injuries to the head of Ronald A. Randall, thereby causing the death of Ronald A. Randal, and that the aggravating factor listed in 720 Illinois Compiled statute 5/9-1(b) is present as set forth in 730 illinois Compiled statute 5/5 8~1(a)(1)(b), namely that said murdered individual was 60 years of age or older and the death resulted from exceptionally brutal or heinous behavior indicative of wanton cruelty as set forth in 120 Illinois Compiled Statute 5(')-1 (h)(l 0)."


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On 8/14/08) the Autopsy Report by Mark Peters, M.D. re: Kilynna Wake documented that "Death is attributed to blunt trauma to the head."

On 8/14/0S, the Autopsy Report by Mark Peters; M.D. rc: Brock Br~l.hS011 documented that '(Death is attributed to blunt trauma of the head."

On 8/14/08) the Autopsy Report by Mark Peters, M.D. re: Dayan Blake documented that "Death is attributed to blunt trauma of the head."

On 8/14/08, the Autopsy Report by Mark Peters, M.D. re: Kenneth Ulve documented that "Death is attributed to bl nut trauma of the head,"

On 9/11/08, the report of a Case Management Conference documented that Nicholas Sheley stated "T was saying that T understand and have knowledge and understanding of the charge, the proceedings, and the consequences of a plea, judgment or sentence and the functions of the participants in the trial process, :r am - T do have the ability to observe, recollect and relate to the occurrences in regards to these incidents a11 eged, and I am more than adequate to communicate with my counsel. 1 feel that my social behavior ~U1d abilities are above and beyond that of normal. As well as all other requirements in regard to a fitn(;Jss hearing, 1 feel that 1 could pass without a11Y ... any . any issues at this time, and that's - that's basically a111 have.') In response, the Court (Honorable James B. Stewart) stated. "I'm no! sure I understood that last part."

On 9/19/08, an Order by Circuit Court for tile Ninth Judicial Circuit, Knox County documented that «The 0CHIl't hereby appoints Dr. Terry Killian) MD. pursuant to 725 ILCS 5/104- 1 1 to determine whether a bona fide doubt may be raised as to the Defendunt IS f tness to stand trial." The report should include the following:

1. "A diagnosis and. an explanation as to how it was reached and the facts UpOl1 which it was

based" .

2. HA description of Defendant's mental or physical disability, if any"

3. "Its severity"

4. "An opinion as to whether and to what extent it impairs Defendant's ability to understand the nature and purpose of the proceedings against him or to assist in his defense, or both."

5. "An opinion as to whether and to what extent it impairs Defendant's ability to knowingly .~~~~_<ancUntollig.cn.tLy_ap.pLeciateJl.is_J".ighLto..,t:ep.reselJt~LtiQ,T-l..il~-u-tt;:i~kJ--an,d-{JPflr~~i{l-t~t8e--r-J"gl:it-t{)-wa.i.:y:e--tl~;i\t .-~~. right."

6. "An opinion as to whether it impairs Defendant's ability to represent himself at trial, This opinion should address to what extent Defendant's mental or physical condition impairs his ability for:

fl., Reviewing voluminous discovery in written, audio 4n<1 visual format

b. Orglmiy.ing this discovery in a meaningful way

c. Ability to think coherently, objectively and without delusions

d. Ability to maintain temper

c. Ability to recount relevant facts

r. Abili ly tu understand courtroom developments

g. Ability to maintain focus for hours at [I time

h. Ability to Iormulate and express thoughts in a coherent and logical manner both verbally and in written form

i. Proper motivation to represent himself

FROM :DR ROBERT H~NLON

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Defendant: Sheley, Nicbolas

j. Cognition, perception, concentration ..• information processing

k. Ability to think on ones Icot"

On 9/19108, (1 handwrilten document by Nicholas Sheley titled Motion to Remove Court Appointed COll11Sel on Defendant's Behalf documented thaL "Now comes defendant Nicholas T. Sheley; and hereby moves court to enter an order removing previously appointed Knox County Public Defender James H. Harrell as-well-as recently appointed private attorney Jeremy Karlin from the-case, Tn support of the mot jon he states as follows: Defendant Nicholas T. Sheley desires to either hire other private counsel for his defense, OJ" to represent himsel r.

On 9/23/08 a document titled Observations or the Defendant by the Court at September 19, 2008 Hearing documented that "Mr. Sheley then informed the court that he wished to represent himself At LhM disclosure, his attorneys orally moved for a fhn(;);:lS exarninatiort of the defendan1 C0l1C01'11ing his fitness to stand trial and his fitness to choose to represent himself and his fitness to represent himself at trial. The defendant became agitated, and he filed a handwritten motion with the Court, which was not read, but scaled. The defense counsel moved to seal that motion until Sheley's fitness was determined. Thal motion was granted, and defendant became even more upset. Throughout 111il1 time, defendant spoke over his attorneys and the Court, interrupting both his attorneys and the Court on several occasions. He rustled paper and scribbled loudly in order to disrupt the proceedings, Finally, the defendant loudly turned his chair so that his hack was facing his counsel. This proceeding represented the first time that the defendant informed the Court of his election to proceed pro sc."

On 1 O/2910S., an Um)'IHlnJ Occurrence Report by Sgt. Dawn Dennis, Knox County Jail documented that '(J. placed three trays in the chuckhole and then got ready to serve their drink. J heard Nicholas Sheley start yelling about his tray being placed I'll his chuckhole without lid on it. Sheley WU/i sti II locked in bi,~ cell because a fellow inmate was using the telephone. 1 hoard Sheley complaining so 1 took a new tray and went into a max and gave him another tray. r stated that the fellow inmate that placed Sheley's tray on his chuckhole .was just trying to help out and. this has been done many times in the past. Sheleycontinued to yell lind was acting extremely agitated so r advised the control room to isolate Sheley's cell door and he could remain locked down for awhile. When Sheley was told that he could stay in his cell for a while he became uncontrollably verbal und I could hear him throwing his supper tray and bouncing it off of his cell WAttS. Hero are a Jew examples of what Sheley was screaming at .r.Xle; 'Pop my door and PI!. beat you mother fuokill; ass,

-----ymr:can :-;ILlCK. my U1C1c,-I'-rt15ust your het\.d open bItch> You won'1l:i~ safe unless I'm behind bars) I've got something for you bitch (as he's Slapping his hands together, T'm all talk, that's what they all said until they got their head bashed in, I'm going to do more than run my mother fucking mouth to this bitch, you watch. Out of all the people not to fuck with, she's got to fuck with me. When they COll1(: in here to investigate this, you don't know anything right? You don't remember iltiything (he was speaking to his cellmates.) Your head's gonna get splattered and then I'm gonna iuck you in the ass. ",

(The following tnfnrrnation was provided by Nicholas Sheley)

Nicholas' .


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Charges: Nicholas Sheley reported that he has been charged with the following in Whiteside County, lL: Horne Invasion x2, Aggravated Discharge DC a Firearm, Armed Robbery, and 10 Counts of First Degree Murder in relation to the death of Russell Reed. lIe reported that he has been charged with the following in K110X County, IL: Vehicular Hijacking, Armed Robbery, . Possession of a Stolen Vehicle, and 10 Counts of First Degree Murder in relation to the death (rl' Ronald Randall. He reported that he has been charged with the following in Jefferson County, MO: 2 Counts or First Degree Murder,

Medical /{f.~/(Jf'V: Nicholas Sheley reported that his medical history is remarkable for pleurisy, possible carbon monoxide poisoning at age 5, left elbow fracture at age 13, chronic alcohol abuse, chronic cocaine abuse, and 9 incidents of closed head trauma. With regard to the incident of possible carbon monoxide poisoning, he reported that there was a CO leak in the basement of .his home when he Waf' 5 years old. His mother and sister were reportedly found unconscious and hospitalized. He was reportedly hospi lhlized for a few days, but he stated that he does not believe he lost cOJJ.l>cj.oL~S1i8S!1, Prior to his arrest, he reportedly smoked 1,5 packs per day since age '10. Additionally> he reported the following:

Head Trauma: (1.) At age 11., he was reportedly kneed \1) the head in a light, resulting in brief loss of consciousness, headache) and nausea; (2) In the if! grl:lde at approximate age of 12

he reportedly flipped a -l-whccler on a frozen field and struck his head 011 a patch of ice, resulting in brief loss of consciousness; (3) At age 1.3, he reportedly fell down a pile of gravel in u gravel pit and struck his head) resulting in brief loss of consciousness, headache, and nausea; (4) At age 14, he reportedly fell while riding a dirt hike and struck his head without loss of consciousness; (5) At age 15, he was reportedly struck in the head with a lead fishing sinker resulting in br~ef1()$s M consciousness; (6) At age 16, he reportedly struck his head in a motor vehicle VB. tree collision without I oss of consciousness; (7) 111 1998, at approximate age of 19, he reportedly sustained closed head trauma in a motor vehicle VB. light pole collision in Davenport, TA, while intoxicated, His head reportedly struck and starred the windshield, IIe reportedly sustained brief loss of (:..on~ciousTless but regained consciousness at the scone and tried to run Irom the police" hut was caught and charged with nUL He reportedly received emergent medical treatment at a. hospital in Davenport.f A: (8) In 2003; he sustained closed head trauma in a street fight. He was reportedly struck in the head with a sledge hammer. He stated "I know 1 was hit with a sledge hammer. 1 had a beer bottle broken over my head, T had a log chain wrapped around my head," He sustained multiple scalp lacerations and received emergent treatment at CGH ill Sterling, IL. He reportedly

experienced brkflos!:> of cOnSci()Llslle~S in the RR. (2) Tn 2005, he.1kJli.lrtkdLX-Jill..S1ailLe_d_cdrul.e_cLh.e.a..,, _

trauma without loss of consciousness when he was struck with a lead pipe in a fight at a party,

Alcohol A buse: He reported that he began drinking alcoho I between the age of 8 and 10. By age 15, he reportedly consumed alcohol 2-3x/wcck until Intoxicated. From age 16·1 R) he intcrm.ittcntly consumed alcohol on a daily basis until intoxicated" but also reportedly abstained from alcohol abuse for several months at a time. This pattern of intermittent daily alcohol consumption until intoxicated, combined with periods of abstinence, reportedly continued until his arrest.

Drug A buse: He reported that he started smoking marijuana at age 11 or 12. By age 13, he reportedly smoked marijuana on a daily basis, Since age 16; he has reportedly smoked rnarijuana, spo radically, l Ie reported that be started using cocaine at age 14. At age 16, his cocaine consumption increased whllc his wife was pregnant" but he reportedly stopped using cocaine following 'the birth othls first child. He resumed cocaine abuse at age 17, with weekly hiJ1ge~ lasting 1-2 days, during which he would reportedly COl1SlUl1e Y4 oz of powdered cocaine. He also reportedly started smoking crack cocaine at that time, He reportedly continued this pauern of crack


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Defendant: Sheley .• Nicholas

cocaine binges from 1999 to 2000, between Incarcerations. From 2004 to 2008~ he resumed this pattern of high volume crack. cocaine binges, interspersed with periods of abstinence. Additional drag abuse included the following: LSD 3-4x/y~ur from age 14 to 20; Psilocybin 3-4x/yl;:;ar from age 14 to 20; Methamphetamine lx,

Al age 15) 11c reportedly experienced visual hallucinations following consumption of jimson weed seeds. He was treated at a local ER in Sterling, 11.

At age 15, he reportedly OTYd on cocaine and LSD. He reportedly punched his father and was treated at a local ER in Sterling, IL. He reported delusional thinking and stated "I truly believed I was Jesus Christ."

TIl 2007) while intoxicated (alcohol, powder cocaine) crack cocaine) during a cocaine binge, he reportedly Cell backward and struck his head 011 a wall resulting in brief loss of consciousness.

Ps~c1tlatric IlistorF; lIe reported. a long history of poor angel' control. He reported that he has manifested "big time angel' problems, as far as I can ever recall. I've taken three anger management courses." He reported two incidents of sexual abuse: (1) at age 8; he reportedly performed oral sex on an adolescent boy fr011"1 his neighborhood; (2) at age 12, he reportedly allowed an 1 R year old neighbor to have anal sex with him in exchange for an opportunity to ride the neighbor's 4~wheeler. He denied a history of psychiatric hospitalizations.

EdllcatirJrl(ct Historv: He reportedly completed 8 yeats of formal education and subsequently received a (l·RD Irorn the Regional Office of Education. He denied a history of learning dH'(1cnHiBs, leaming disorder, or special education. He reportedly repeated the 4th and 8th grades, due to behaviornl problems.

Vocational Hi.\·tOTY,= TIe was reportedly self-employed Irorn 2003 until his arrest. Hc reported that he performed carpentry work and poured concrete.

.. . Correctioltalllistorv: Ile reported.that he was confinedin IheIDOC for a brief period in 1999 and again from 2000 to 2003.

Behavioral Observations

On both occasions (i.e., 1.0/31108 and 12/6/08), he was consistently alert, responsive, and

oriented to person, place, ti1.ne, and reason for the evaluation. He_!Wlb_ulated...indopcnden.tl:y_:w.ith.------normal gait and sitting posture was symmetric . Dominant right handed graphomotor functions were

intact-for paper-pencil tasks. Spontaneous speech was fluent and intelligible. Speech rate, tone, and

volume were within normal limits. However, on 10)31/081 his speech was periodically hyperfluent

and disruptive.

Af'l'e()t was responsive and full, Mood WQ.8 expansive, ranging from. jovial (i.e .. , joking with jail stall) to irritable, to defiant and hostile, with intense anger. He was initially irritable, angry; and unwilling to engagein the evaluation process before repeatedly expressing complaints and resentment of defense counsel, the legal proceedings, and the court. Thought processes were generally logical and goal-directed, but periodically perseverative. Frustration tolerance was variable with u.ngry reactions in response to self-perceived pMr test performance 011 selective measures. Seli'~reguJution of behavior was characterized by impulsivity and mild distractibility, but normal persistence and termination of responses.


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Complaints

Headache

(Frequency: daily)

(Localization: right posterior region)

(Severity: 5~911 0)

Sleep disturbance

Poor l:'lnger control

('I believe 1 can reason thro ugh things just fine. I can make a rational decision"

Tests Administered.

Wechsler Adult 1 ntelligenco Scalc~IV (W AIS"IV) Wechsler Memory SCflle-nI (WMS-ITI)

· Test of Memory Malingering (TOMM)

· Word Memory Test (WMT)

· Rey J 5~T1cm Memory test

California Verbal Learning Tcst-2 (CV LT-2) Connor's Continuous Performance TeRt-2 (CPT-2) Trail Making Test (TMT)

Controlled Oral Word Association lest (COW AT) Wide Range Achievement Test~4 (WRAT-4) Stroop Culm-Word Te:::;t

Wisconsin Card Sorting Test (WeST) Iowa. Gambling Task (10'1')

Minnesota Multiphasic Personality Inventory-z (MMPI-2) Millon Clinical Multiaxiul Inventory-Hi (MCMJ-UI) Evaluatinn of Competency to Stand Trial-Revised (ECST-R)

Effort and Compliance

The Test or Memory Malingering (TOMM) was administered 10 provide an objective measure of'test-tuking effort. Iris response style resulted in (1. valid profile (Trial 1 = 96%l Trial Z = 100%, Retention Trial = 100%) reflecting optimal effort with no evidence of cognitive symptom exaggeration or mnlingering. .

The Word Memory Test (WMT) was also administered to objectively assess test-taking effort. Again, his response style resulted in a valid profile (IR = 95.0) DR = 95.0, eNS = 90.0), ~~~~~--=fJ.-e:fjtih-g--suffi---cKilnestmk1ng effort with no eV1denGeof cognrtive symptom exaggeration (-)r~--

malingering. .

Additionally, the Rey IS-Item Memory Test was administered to assess test-taking effort.

His response style resulted in ~t valid profile (Immediate= 14/15; Delayed= 14/15) reflecting sufficient test-taking effort, with no suggestion of cognitive symptom exaggeration or malingering. Finally, he achieved a Re I iable Digit Span score of 1 O~ reflecting optimal effort with no suggestion of cognitive symptom cxagg6raliull or malingering.

As a result, the Iollowing delta are considered to be 4 valid and accurate representation of his current cognitive and intellectual status. T1H:l validity of his MMPI-2 and MCMI-Ill profiles will be discussed separately under the subheading of Mood and Personality.

Intellectual Functtous

. General intellectual functioning was in the A vorage 1'<.tnge,as assessed with the WAIS-l V.

He achieved a Pull Scale T.Q. (FSI.(J.) of 94 (Average range), a Verbal Comprehension Index (Vel)


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of 96 (Average nmge), and a Perceptual Reasoning Tndex of 92 (Average range). The 4-point difference between VeT and PRI was nonsignificant, reflecting roughly equivalent verbal and vi sual-non verbal intellectual functions,

However, in 1987 his performance on the Wechsler Intelligence Scale for Children-Revised (WTSC·R) resulted in the following: FuB Scale 1.Q. of 107 (Average range); Verbal 1.Q. of 1 J 4 (fligh. Average range); Performance 1.C). of98 (Average range). The 13-point difference between hi.~ current WAltH V 1,'SlQ (94) and his previous WTSC-R F~IQ (1 07), as well as 111C 1 g-point difIe1'011CC between his current W Am-TV vel (96) and his previous WIse-I\. Verbal I.Q. (14) suggested mild but significant decline in verbal intellectual functions,

The Block Design subtest of the WArS-IV could not be administered, due to the Knox County Jail policy requiring that at least one of the defendant's hands remain cuffed to his waist chain at all times, thereby prohibiting usc of both hands, simultaneously. Due to this restriction, the figure Weights subtest was substituted and administered instead ofthe Block DI,1::;Jgn subtest,

Verbal: Verbal intellectual functions were consistently in the average runge. Defini live verbal formulation and vocabulary were in the average range. Verbal concept formation and abstraction were in the average range. Fund of verbal information and semantic knowledge were also in the ave-rage range.

Visual-Nonverbal: Visual-nonverbal intellectual functions were variable, but within normal limits. Re~\solljl1g wl thin the visuospatial modality, involving concepts of symmetry, closure, and perceptual analogy, was in the average range, Visuopcrcoptual integration, requiring spatial rotation and visual integration of fragmented forms, W~tS 111 the low average range. Judgment of proportional weight, based 011 visual symbols designating various weights, was in the average range.

WAIS-IV I.Q., Index SCOI'CS, and Age-Corrected Suhtcst Scaled Scores were as follows:

li'uO Scalc 'LQ.

Verbal Comprehension Index Perceptual Reasoning Index Working Memory Index Processing Speed Index

.94 (34th %tile) 96 (39th IYotilc) 92 (30t11 %tile)

JOO (50th %tile) 92 (30(h %tile)

Average runge Average range A verage range Average range Average range

Perceptual Reasoning Subte~t8

Matrix Reasoning 11

_____ ---="-V_:-:o-:--cC':':a~bl::.::clJ~a::...)' L.._---____.g'L_-- ~us'uaLEuzzles 7-

Information 9 Figure Weights 8

Verbal Cnmprchcn.!olinn Suhtcst:<:l

Similarities 11

Working Mcmllry Subte.sts

Digit Span 12

Arithmetic 8

Processing Speed Subtcflts

Symbol Search 8

Coding 9

Attention

Audttorv: Basic attentional (unvtions, as assessed 011 series generation measures, were intact.

Auditory span of Llpprehe.osi.on was in the average range (SS = 12). Sustained attention to phonemic. cues was in the average range (4 ill %tile). Mental control and working memory functions, involving the reorganization of sequential information held within immediate memory, were in the EWeI'Elge.rangc, as assessed onbackward digit span (S8--; 11) and numerical sequencing (SS = 11). Ali previously noted, he achieved a. Working Memory Index or 1 00 (50th %tilc). Overall, attentional functions in the auditory modality were generally intact.


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Visual: On the CPT~2, a vigilance test, requiring sustained and selective attention in the visual modality, he revealed evidence of mild attentional disturbance, due to Impulsivity, His performance was characterized by extensive commission errors (inverted T -score =:;; 63,7) and mildly accelerated visuornotor reaction time, Other epr·2 scores were generally within normal H.lllllS. Integrated attcntional functions, requiring rapid and sustained visuomotor responses, were generally intact. 011 Trail Making A, a measure of visuornotor tracking and psychomotor speed, he scored in the high average range (1' ~ 58), On the Coding subtcst of the W AT8wTV, a measure requiring rapid alternating visual attention and graphomotor speed, he scored in the average range (S8 = 9), Similarly, 011 the Symbol Search subtest of the WAfS-IV, requiring rapid visual discrimination and feature detection, he scored in the average range (SS = 8). Overall, he revealed some evidence of'rnild attentional disturbance in the visual modality> due to poor impulse control.

Memory and Learnlug

A udilorv~ Verbal: Verbal encoding of noncontextual information, as assessed in alist learning paradigr» with the CVLT-2 (T ~ 35), was 111 the mildly defective range, Immediate word span wax in the low average range (z = ·1.0). His learning slope was ill 111e average range (7:::- -0.5), hut retention was unstable across learning trials and mildly defective (z= -1.5), He revealed no evidence of significant vulnerabi Ijty to either proactive or retroactive interference. Recall following H 20"ml11utc delay was in the mildly defective range (7, = -1.5). Recognition of words that he had previously heard five times and had attempted to learn during five acquisition trials was in the low average range (z = -1.0). However, his recognition was contaminated by 9 false positive errors (7. = +2.5), reflecting moderately defective memory discriminability (z = -2,0).

Verbal encoding ofnoncontextual information, as assessed in a paired-associate learning paradigm, was in the severely defective tl111gC (SS = 2), Recall of the same word pairs following a 30-minute delay was in the defective range (SS = 4), but consistent with his defective level 0{' encoding. Conversely, verbal encoding oj' contextual information, involving short stories, wasin the average range (SS = iO). Recall of the same stories following H 3D-minute delay was also in the average range (SS;=o 9), but confounded by a mild tendency for confabulation. Overall, verbal encoding of non contextual information was consistently defective, but retention and retrieval of successfully encoded verbal information were generally preserved,

Visua(::l!(~({\!(lrQjJJ.; Visual encoding of contextual information, 111V() lving the identity, spatial location, and actions of characters depicted in various social scenes, was 111 the average range (SS = 12). Recall of the same contextual information following a 30-minutc delay was also in the average range (SS = 12). Visual encoding of facial features in a forced-choice paradigm following a single

exposure was in the average range (SS = 12). Recognition and discrimination of the same faces following a 30-l11inute delay was intact (SS '-'" 13). Overall, visual-nonverbal memory functions, including encoding, retention, and retrieval, were generally intact.

WMS-UI Pruuary Index Scorc~ were as follnwl'l:

Auditory (Verbal) Jmltlecliate Memory Index Visual (Nonverbal) Immediate Memory index Immedia1e Memory Index

Auditory (Verbal) Delayed Memory Index ViSUAl (Nonverbal) Delayed Memory Index

77 ( 6th [\lotile) 112 (791h %,tile) 93 (32nd %tilc) 80 ( 9th C1/QtiJe) 115 (S4!h [Yotile)


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Language

Auditorv-Oral: Spontaneous speech was fluent and articulate. Speech rate, tone, and

volume were genera11y within normal limits. Oil the COWA'1', a measure of phonemic fluency, requiring rapid retrieval of words based on phonemic properties, he scored in the average range (4ih %tile). Naming to visual confrontation was mildly defective, a .. s assessed with the BNT (7: ~'j .4). His performance TCr1CCt0d a mildly insufficient lexicon due to limited education, ru~her than a language-based word retrieval deficit. Auditory comprehension was intact for concrete factual infbrrnation, basic syntactic structures, conversational speech, and test instructions.

VisuaHfritten: Visual-written language functions were assessed with the WRA.T-4.

Reading accuracy and word recognition were in the low average range. Reading comprehen~iol1 of .single.sentenccs was in the averagtl range. Spelling was also in the average range.

WRAT-4 Standard Scores and Grade Equivalent's were as foUows:

Word Reading

Sentence Comprehension Spelling

S8 (21~t %tile) 9R (45th o/ntilc) 92 {30th %tile)

9.8 grade equivalent 12.4 grade equivalent 10.8 grade equivalent

Visuoperceptu al and Constructional Abilities

Basic visuopcrceptual functions, including objecl recognition <.1.11d gross visual discrimination of form and spatial relations, were intact. As previously described, vi~uoperceptLllll integration, requiring spatial rotation and spatial integration or Iragrnented f011US, was 111 the low average range (SS = 7). Constructional abilities were not formally assessed, due to the Knox County Jail policy, requiring that at least one hand remain cuffed to the waist chain at all t1111ei>.

Executive Functions

Executive functions, including cognitive flexibility, response inhibition, problem solving, decision-making, and behavioral self-regulation, were selectively defective, On the WeST, a measure ofperceptual concept .corm~).U.ol', requiring hypothesis testing, selective response inhibition, and cognitive flexibility, he scored in the defective range. He achieved 6 categories in 125 trials, but required 66 trials to achieve the first category (151 IYoti1e). His performance was characterized by 30 perseverative responses (5th %tile), 48 total errors (9th %tile), and 0 set maintenance failures. Overall, his performance on the weST reflected a defective capacity for formulating altemati ve solutions 10 novel pI'oblem8 and making strategic decisions based ort i:eedlJack regmding the

-~~-------;:-ac=curacy0T111s previous deC1SlOt1t->. Ri.~ defective performance on the wcsr was compounded hy impulsivity; poor frustration tolerance, and ttngeT.

Similarly, decision-making capacity, as assessed with the IGT, was inconsistent and erratic.

Although llis Net Total score was in the average range (38th %tile), his performance in Net I was in the severely defective range «1~1 %lile) lind his performance in Net 4 was mildly deficient (lOU) %tllc). His performance reflected a relative disregard for reward-punishment contingencies, compounded 'by poor impulse control.

011 Trail MI-lking 13, a measure or divided attention and conceptual alternation, he scored in tile average nmge (T :, 44), Similarly, on the interference trial of the Stroop Color- Word Test, a measure requiring sustained inhibition of an overlearned and conditioned rospotlse~ he scored in the Hverage rEl.nge cr;:: 45),

Finally, during the; COurse ofthe evaluation, he revealed. evidence 01" emotional dyscontrol particularly involving poor anger control, distractibility, cognitive rigidity, persevcrative tendencies, and poor impulse control.


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Mood and Persunality

Affect was full and responsive, Mood was expansive, ranging From jovial (i.c. joking with jaIl staff) to irritable, to defiant and hostile, with intense anger,

Tho MMP1<i was administered to provide an objective, broad-band measure of personality and psychopathology, His approach was cooperative, but his response style resulted in a profile of marginal validity (VRIN -= 50, TRIN = 50, 1":.;-;: 85, FeR) = 63, F(P) = 77, L "" 48, K L.:: 41, S = 36), due to apparent over-endorsement of psychiatric symptoms and psychopathology, in general,

" Although mildly exaggerated and/or magnified, his :r:es'p'(m;-;;e~ reflected lMg:.::ta1iding emotional and behavioral dyscontrol, characterized by poor impulse control, poor frustration tolerance, emotional immaturity, and explosive behavior. BiB responses suggested (hat he ls pJ,(me to episodes of behavioral agitation and i111e11se anger when frustrated, He seems to have UlJ insufficient capacity to learn from his mistakes or the consequences of negative experiences.

His responses reflected an inflated sense of self-importance! unrealistic and grandiose beliefs regarding his abilities, and a narcissistic sense of superiority that borders on delusional. Btl is suspicious ofthe motives of' 0Ihc1':-; and Seems to believe that he has been unjustly blamed for the mistakes of others, Ile feels intensely angry and resentful of others! and is moti vated to seek revenge. He is also I ikcly to manipulate find exploit others for personal gab. His MMPT-2 profile also reflected longstanding alcohol and drug abuse. Indi viduals with similar profiles are often diagnosed with Mixed Personality Disorder, with antisocial, paranoid, and narcissistic personality traits.

The MCMT-TTT was also atil1lini~tered to further assess personality pathology. His approach was cooperative and his response style resulted in u valid profile (X = 70., Y = 80, Z = 45). Similar to his MMPI-2 profile, his responses reflected extreme narcissism, an exaggerated sense of self .. importance, and grandiosity regarding his abilities that borders on delusional. Additionally, his responses also reflected pervasive anger and resentment combined with 1100r impulse control.

When frustrated his aggressive impulses may escalate to a level of intensely agitated and manic hostility, Individuals with similar profiles are generally perceived as arrogant, call 0 us, and indifferent to the rights of others, Additionally, such individuals tend to manipulate and exploit

, others for personal gain,

Ilis MCMI-III profile suggested that due to his narcissistic and grandiose sense of self, he is likely to expect special recognition and consideration that others do not commonly receive, Individuals with similar profiles are often diagnosed with Mixed Personality Disorder) with narcissistic, antisocial, and sadistic personality traits.

Evnluatiun of Competency to Stand Trial

, A formal assessment of competency to proceed with. ad] udication was completed, When. he was unable to provide adequate responses to specific questions, education was provided. 1110SC questions were subsequently asked again at the end of the competency evaluation.

Nicholas Sheley stated that he is charged with the following in Whiteside County, J.L: Home Invasion x2, Aggravated Discharge of a Firearm" Armed Robbery, and lO Counts of First Degree Murder in relation to the c1 Of! th of Russell Reed. He reported that he has been charged with the j{)llmying in Knox County, lL: Vehicular Hijacking, Armed Robbery, Possession of a Stolen Vehicle, ~I'\d 10 Counts o I'First Degree Murder in relation to the death of Ronald Randall. He reported that. he has been charged with the following in Jefferson County, MO: 2 Counts of First Degree Murder. He stated that Cll"!lt degree murder is a felony. He appeared to he aware of the circumstances Burro unding his arrest,

He stated that his attorneys" names are James Harrell and Jeremy Karlin, He reported that he has a negative view of his attorneys, particularly James Harrell, who is a "public defender," He


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stated that his negative view is primarily based 011 "the J~tct that he has lied to me." With regard to his expectations of hili attorneys, he stated that he expects his attorneys to "communicate with me before making any decisions regarding lily case; to get my opinion on all matters in order to discuss my case intelligently; not to as sumo I'm guilty,"

With regard to his understanding of his attorney's expectations of him! he stated that "my attorney expecrs 111e to believe everything he says; he expects me to sit back and handle my case as he sees necessary; my '100% cooperation." I-Ie added that he and his attorneys are ill agreement on "no"'mattCi"S regarding his defense fwd he stated that he and hisattorneys are in disagreement on "everything" regarding his defense, With respect to his attorneys, he stated "they go behind my back and do what they want to do; there is no compromise with them," He offered 110 suggestion with regard to how disagreements with his attorneys may be settled,

With regard to the roles of other legal professionals in his case) he stated that "the judge" l.'l in charge of the court With regard to the identity of the proseoution, he said "the State's Attorney or the Attorney General's Office," When asked if he should talk to the prosecutor without his attorney present, he stated "never, n He stated that a jury is comprised of '~12 selected individuals who heal' the evidence the attorneys present in CO~Jrt, listen to evidence, and make a decision regarding U J'ea::;()n~lhle belief (J[' whether person if; guilty or. not guilty,"

He stated lila! a bench trial involves H "trial where evidence 1.S presented to the judge and the judge makes a decision regarding guilty or not" l le stated that a jury trial Involves a "trial where evidence is presented to a jury of 12 individuals and they make ad ccision regarding guilty or not guilty, ,j When asked what he would do if his attorney au ggcstcd that 'he testify, he stated "1 would rehl::;e to testi fy Ol1 the stand.'

T-Je demonstrated a basic understanding of'the ooncepts of evidence, testimony, witness, guilt, and innocence, He staled that evidence j~ "anything used against you to prove your guilt beyond a reasonable doubt, such as physical evidence of eye witnesses." He Slated that testimony is "information provided lo the j udge o I'jury regarding the matter at hand and you must be sworn under oath (0 testify." He stated that a witness is "somebody who would testify as to things they saw OJ had knowl edge of" He stated that gui Ity means "the evidence against an individual actually existed and the individual actually cornrnitled the-offenses he is charged with." He stated that innocence means "you're not guilty ofthe aHe!,SeJ crimes you are charged with."

Ue stated that his plea options are "guilty, not guilty, insanity, or drug-induced intoxication."

He sl<11ed that a plea af,rree rn en I, or 1'11';::11 bargain is "a mutual understanding between the prosecutor and defendant in which a lesser charge; defendant pleads guilty to a lesser charge to settle n case or

could be a lesser sente]]C(:l {j' he pleacl:; g~dhl.")) He responded that if a defendant pleads gLliltY_,~J'l,-,-,n±__ _

wai ve your right to a [ulure trial; no. trial.' He stated that If he pleads not gUl11y, he will proceed to

trial, ' ,

He understood that a sentence is the punishment he may receive and involves a number of years in prison or death. He stated t1Ml the best outcome of his case would he to receive a "not guilty verdict." With regard to the worst outcome i11 his case, he stated "found guilty and sentenced to death." W.ith regard to the most likely nutcome in his case, he stated it "depends all who i;:;

representing my case."

Robert r Ilion, Ph.D" ABPP Licensed Clinical Psychologist

Hoard Certified Clinical Neuropsychologist

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Terry M. :Killian~ M.D.

Christine L. Fletcher} M.D.

J. Ewing Harris} Ph.D.

Steven Fritz, Psy.D.

Tami Skaggs-Braidwood, LCSW

1020 South Fifth Street. Telephone (217) 54'<1.-3143 Bethanie Drake, LMFT

S P, .Jean Follin, LCPC .

pnngfield, IJ,lirwi8 62703 .. Fax: (217) 544-4436 Virginia Thompson, LCSW

.:;::----- -_ - :===::=;=:::;::::===:::;::;::;:=:;;;::::=:::::::::==::.:=::::::=:::::::::;:::;::::;:~=:;;;;.::::::~~~~

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Killian. and Associates, S~C!~

~ATruCEYALIJA11QN

DEFENDANT'S. NAME:

Nicholas 'Troy Sheley

2008-CF-338 (Knox County, illinois)

Sunday, 11/09/2008 Saturday, 11115120013

PATE OF REPQRT:

Friday, 1l/21JZ008

SECTION 1: BACKGRQ!.J.'NlJ

INTROD!JCTIQNl Mr. Nicholas Troy Sheley is a 29-year"'Old, married, white male from Sterling, illinois (in Whiteside County) who was seen for psychiatric examination at the Knox County Jail on Sunday, ili09/20GB and Saturday, I 1115/2008. His date of birth is 07/3lJ1979.

REASON FQR REFERRAL: Mr. Sheley was referred to me for psychiatric examination by the

Knox County court for the purpose of giving an opinion rega('d1.ng 1Yk Sheley's current psychiatric fitness to stand trial, including whether he is psychiatrically fit to defend himself while acting in a pro se fashion. When the issue of fitness came up in court, the Honorable James P. Stewart apparently asked prosecution and defense attorneys to submit names of psychiatrists and psychologists who cO~11d do the fitness exam, ~U1d my name was apparently submitted by both the defense attorneys and by the prosecution" Judge Stewart wrote a letter dated 10103/2008 to the various attorneys in the case stating that he had decided to appoint me to examine I\1r. Sheley and determine if a bona fide doubt existed as to Mr. Sheley's fitness to stand trial, and this letter included the statutory languagerelated to fitness. Three and a half weeks Iater, on 10127/.2008, there was a formal court order' which listed the same statutory language as wen as listing a number of specific factors that 1 was to address in my report. I will not list those specific factors here, but they will be listed in the "Diacussion" section at the end of this report, Tho court order stated chat I was appointed. to determine whether a bona fide doubt may

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be raised as to the defendant's fitness to stand trial, and stated that my report was to be submitted to the c,;OllJ.t, the state, and the defendant's ccunsel.

An e-mail message to me from 1v1:(", Karlin. dated 10109/200.8 stated that he had attached a copy of the judge's appointment of me (i.e., the letter dated 10/03/2008), but there was a disagreement as to the scope contained in the judge's decision.

CHARof2ES" Mr, Sheley is alleged to have' conducted it week long crime spree during the Iasr week of June 2008 wbkh resulted in the deatbof eight persons (six in Illinois and two in Missouri), Mr, Sheley is currently charged in Knox County with ten counts 'of first degree murder related to the deatb of Ronald Randa]1 in late June 2008, as well as seven other felony counts, including two counts 'of aggravated kidnapping, twa counts of aggravated vehicular hijacking, and One count each of robbery, armed robbery) and possession of a stolen motor vehicle, In addition, Mr, Sheley is charged with numerous counts in Whiteside County IL related to five murder victims: Russell Reed, Dayan Blake, Brock Branson, Kilynna Blake, and Kenneth DIve. He is also charged in the murders of two victims in Jefferson County, MO: Jill and Thomas Estes, also during the last week of June 2008,

QUALIFICATIONS OF EXAMINER: I, Terry Killian,' M.D. am a Psychiatrist. I have a Bachelor of Arts Degree in Psychology from Lindenwood College, (now Lindenwood University) in St. Charles, Missouri granted in May1977. I have' a:n·11D Degree from the University Misaouri-Columbia, a fully accredited school of medicine, granted in May 1982. In May 1986, I completed a four-year, fully . accredited residency-training program in Psychiatry at the University of Missouri-Columbia, I am board certified in the field of General Adult Psychiatry. I am licensed to practice medicine in all (If its branches in the states of Illinois and Missouri. I have peen, in the practice of Psychiatry for about twenty-six years and a half years, including four years in my residency-training program. I am a

qualified psychiatrist within the meaning of illinois law, .

STA'fEMENT OFNQ&CONFIDENTI~LITY:

f1RST 1NTERVIBW; Before beginning the questions in the first interview, I informed Mr. Sheley of the nature and purpose of this examination. Specifically, 1. informed him that I had, been appointed by the court to perform a psychiatric examination in order to give an opinion regarding his current psychiatric and emotional fitness to stand trial, including b~s fitness to defend himself while acting in a pro se fashion. I quoted directly to him from the court order regarding the factors I was to address. I explai ned that the results of my examination w~uld be written into a lengthy report, with copies sent to the court, the prosecution, and the defense attorneys, and I told him that I expected that the entjx'e . defense team would probably have access to my report. I informed him that I may be required to ' testify in open Court about my findings. I explained that because of the nature of the examination, the normal doctor-patient confidentiality would no't apply to this interview, and that confidentiality would not be kept. I explained that I had been sent over 7000 pages of documents to review, and that these

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~ocwnents had been reviewed and summarized by a counselorin my office, so that he understood that

I had not reviewed ,aU the documents myself, ,

As-is-my standard procedure in performing a forensic psychiatric exarnination, I then asked Mr. Sheley to repeat the statement of non-confidentiality back to me to ensure that he understood this, and he was easily able to do so. As I was explaining the statement of non-confidentiality to him, he interrupted several times with questions or comments. He, told me that he had recently seen Dr. Hanlon for a neuropsychological examination, and he' asked me for an explanation of the difference between a psychiatric examination and a neuropsychological examination, and I explained tills to him, He asked me if I would send him a copy of my report, and I told hi m that r probably would not do so, and he

then ex.pressed significantfrustration with the court system and wid) his auorneys, and stated that he was concerned that his attorneys would not let him see my report He mentioned his .undersranding that there were different standards for fitness to stand trial versus competence to intelligently waive counsel. I explained that it was my understanding that the United States Supreme Court has stated that the standards for fitness to stand trial and competence to waive counsel were, essentially the same, but that the standard for competence to act pro se was higher. He also expressed irritation regarding how the court system canbe used in opposite ways in different cases.

SECOND INroRYIDW~ Befol'e beginning the question in the second interview, I did not repeat the statement of non-confidentiality because I was pretty certain that Mr. Sheley would have remembered all of that, Instead, I asked Mr. Sheley to explain the statement of non-confidentiality back to me based on our previous interview six days earlier, and he was easily able to do so, very quickly going through all aspects of the statement of non-confidentiality. ,I asked him to explain the contents of the court order from 11/14/2008 (regarding my ability to interview Mr, Sheley off the record and to videotape the second interview), and he was easily able to do so (he had been provided a copy of that court order prior to my arrival).

SQURCES OF INFORMAT1[pN: r l~ad two interviews ;ith IV!r. Sheley, totaling almost B hours, in the library of the Knox County Jail, I first had a four hour rind 48 minute interview with Mr. Sheley at the Knox County Jail on Sunday~,l1J09(2008, I then had a two hour and 55 minute interview with Mr. Sheley on Saturday, 1111.512008. The source documents included police reports from Sterling, Rock

, Falls, Galesburg, Rock Island, St, Louis, and the Illinois State Police. There were also documents from Knox County Court and the'FBI. Additionally, there' were '113 DVDs containing photos of police evidence, videotaped incidents involving Nick Sheley during his incarceration, and interviews with witnesses and victims. There were no police reports, transcripts, or DVDs regarding any interrogations

of Nick Sheley. The source documents' totaled approximately 7300 pages. '

Because my current caseload of forensic examinations has been so large recently, at the beginning of 2008, I started having counselors in my office review and summarize forensic documents for me, thereby allowing me more time to handle a larger number of cases. In this case, Virginia Thompson LCSW reviewed all the documents and DVIYs that were sent to me and summarized them. I told her

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that we did not need a great deal of the evidence of the crtrnes, but I did ask her to look carefully through the police reports for evidence- of psychiatric symptoms and personality functioning.

,

SECTlQN 2i... Tln~ AL~EGE]) Cilll\lfE .. Sl~REE.

Nich olas Sheley'e alleged crimes were-a seri~s ohnurders; thefts, and robberies from 06/23J2008 through his arrest on 07/01/2008. I had Ms. Thompson provide me a. relatively brief summary of all the alleged crimes as well as the activities between the various crimes, but for purposes of the fitness exam) it ~s 110(· necessary to present ar{ of that information here, SO I will very briefly describe the crimes and activitiesnot directly related to the Knox County case. The exact timing of the crimes is unknown, so some, of the following.activity could be oat of sequence, Ms. Thompson's more thorough summary of the police reports could be made available if desired, bm I don't believe it would be helpful for the court.

AC,TIVITY PRIOR l'{~:ME S:e&EE: Brian Tribley, the pastor of Firehcuse of God Church, reported that he had heard "through the grapevine" that Nick Sheley was getting back into drug and alcohol usage after his 05110121008 wedding. In mid June of 2008,1\11', Tribley went to Sheley's home and Sheley admitted to Mr, Tribley that he was getting back. into drugs. Sheley told Mr. Tribleythat he . was nervous about his upcoming 06/3012008 court date ,(no information about charges given). Mr,

Tribley reported that other than his the court date, Sheley gave Mr. Tribley no MnL'3

about "things to come," an ac uaintance of Nick and Holly Sheley, said he and

Nick were watching Cops on I . on asked Sheley if he. was in that episode

of the show. Sheley replied, "No, not this one, but I will be soon."

According to Detecti ve Robert Luyando (Sterling Police Departrnent"), on 06126/2008 Holly Sheley reported that the last time she saw her husband Nicholas Sheley was on Monday 06/23/2008 at 1 :30 p.m., Mrs. Sheley told Detective Steve Hubbard that she and her husband had taken their Cadillac to a title loan business in Rockford to borrow money against ~le car. She reportedly later got into an argument with him at her mother's house over his alcohol consumption, Holly reported that her husband tried to get money out of her pants pocket but was unable to do SCI, He left his in-laws' trailer parkin Mt. Morris, Illinois in Sheley'S their emerald green. 1996 Cadillac,

committed the crimes of home

invasion assault, entering the home' of . of Sterling on the evening of

06124/2008, telling her that he needed $200 or she would "have a gun in her face," He allegedly emptied money from her billfold, had her get other cash, then forced her to sign a check payable, to

Kroger's. .

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VI CTIM RU~'3ELlf REE!!.,_Q.QL2612008.,;, On 06/26/2008, Lyle Reed reported that he had not seen his father since 06/23/2008, and Lyle found blood stains at his father's home, and the father'!;) wallet and tan 2003 Buick Century were missing. NicboXas Sheley's 1996 Cadillac was found on Reed's property . .Mr. Sheley had previously known the victim. On the afternoon of 06/26/2008j Mr. Reed's vehicle was located in a driveway in rural Sterling. The, residence was the home of Jenna Henson, girlfiiend to Josh Sheley, Nick Sheley's brother. When the vehicle was examined by the IJ.lin~is State Police; they found. the body of Russell Reed in the trunk. Preliminary autopsy reports indicated that Mr. Reed died as a result of blunt force trauma to hia head; but also had multiple blunt force injuries to his neck and chest, including facial lacerations and fractures, lacerations to his chest, rib fractures with

. fractures extending into the, chest, the collapse of the left long, a dislocation fracture of the right elbow, and a fracture to the left thyroid cartilage. '

.. ACTIVITY :SETXVEEN CRIMES: According to the sequence of events described in Sergeant

J erome Costliow' s description of the Russell Reed murder, it appeared that the crime took place sometime between 06J23i2008 and 06/24/2008. A cashier at a Casey's store in Sterling reported. that on 06/23/2008 around 9:30 p.rn., she observed Nicholas Sheley inside the store: wearing bloody clothing,While viewing the store's video Images, Detective Schmidt reported. that a dark colored vehicle was driven into the lot by a man who fit the description of Nicholas' Sheley, and the cashier was able to pick Nicholas Sheley out of a photo lineup. David.Andrews, an acquaintance of Nick Sheley, said that oneither 06/23/2008 or 06124(2008, he l~ad stayedovernight at Eric Smith's home. Upon' waking in ~he morning he observed Nick Sheley Sitting across from him in. the living room. He described Sheley as "whacked out of his mind and just gone, sllpe.r high, nuts." He observed Sheley wearing shorts with a large blood stain on one of the knees, When he asked Sheley where the blood had come from} Sheley replied that he had just killed a fish. Several other acquaintances noted blood on Mr. Sheley during thHt time. Nicole'Kaye said that Nicholas Sheley drove up to her house in a brown four-door vehicle, looking for his brother Josh, Dealon Gonzales told police that Sheley told him "Ijust killed someone." Sheley reportedly asked for cocaine, and 4e was described by Gonzales

as acting nOIDlaL '

J erma Henson fold police she drove Nicholas Sheley) Joshua Sheley, and Eric. Smith to Chicago, illinois' in her grandmother's car, and was told.not to ask too many questions. Sheley deposited a pair of

shoes he had been wearing in Ii dumpster and bought new shoes, Thepclice Iatertransported Ms. Henson to the Chicago area, where agents were-able to recover' from the dumpster a pair of shoes that Ms. Henson identified.as belonging to Nicholas Sheley. Jenna Henson reported that Nick drove the brown Buick to her house while she drove Joshua there. Joshua told her that Nick had gotten into trouble and J~sh needed to help him get out of tro~ble, Ms. Jensen reported that Nick indicated he could get out of trouble himself. They talked abollt, a gun and the gun was displayed inside me vehicle. Eric Smith told Deputy VanDyke that '~Sheley is net going to go down easy, He is not going back to prison and the cops are going to have to kill him," In the transcript of Smith' spolice interrogation,

. Smith indicated that Sheley had told him that he had "whooped a mother fucker' I) ass." However,

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when Sheley appeared at Smith's horne with bloody clothing, Smith claimed Sheley made no mention

of having killed anyone. ,", " .'

The Whiteside County Sheriff's department received a report fro~of a stolen white Lincoln from h18 home in rural Rock Fa11:St and that his residence h~4ed with quite a bit of

money, coins, and checks . a number of locations. Copies of two cashed checks written to

Nicholas Sheley , account dated 06/2112002 and 06/24/2008 are included 11;1 the

source documents, Nicholas Sheley was acquainted with tiiis victim. According to a Whiteside County Sheriffs office news release. on the evening of 06/Z6/200~, Nicholas Sheley had been spotted driving

1;1 white Lincoln In Rock Falls. Dixon police and Lee' County Sheriff's deputies located and attempted to stop the white Lincoln -. The·dri ver of the Lincoln led the officers On a pursuit which ended in the southwest comer of Lee County. The driver, who was' assumed to be Nicholas Sheley, apparently got away on foot and was unable to be located, A search of the vehicle revealed open) broken, and unopened beer bottles and cans.

Shelly Bryte, an employee at a gas station (in Sterling?) reported to Lt. Whel"lJ1 a sighting of Nicholas Sheley at her place of business, Ms. Fzye showed the lieutenant a surveillance tape on which Sheley could be observed purchasing gas tor.the stolen white Lincoln. While in the store, Sheley cashed in several Susan B. Anthony coins and one dollar gold coins for paper currency, He also attempted to exchange five dollar silver certificate bills for current currency, but was denied the 'exchange. Contact with Robert Carrier indicated that the coins aI1Q. certificates matched the, description of the stolen money from his horne. Shawn Buntjer, a customer of the gas station, told Detective Craig Miller of the Dixon Police Department that em 0612:61:2008,;lIe was approached-by a man which surveillance tapes revealed to be Nicholas Sheley, He assisted Sheley in working the gas pumps, Sheley asked Mr. Buntjer "where all the work was at." Mr, Buntjer indicated that he did not know the meaning of that phrase, However, when he reported the) information to one of tHe gas station employees] the employee, Jeffrey

. Baloga, interpreted it to mean that he ,vJ,~s asking for "coke."

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In the 07109/2008 ISP report. Trooper Romeo interviewed John Soliz and Michael Embrey of the

Cabana's Bar and Grill in Rock Island.Tllinois regarding an incident late on the evening of 06/2712008. Mr, Embrey reported that while standin;g outside of the establishment, a man believed to be Nick Sheley offered Embrey $10 to use hiS &n phone, which Mr. Embrey allowed. Embrey overheard' Sheley saying over the phone, '1 love you and the lads. I want to see you. 1 have three grand my pocket right now. 1 would disappear and you will never find me again." Embrey stated. that it sounded as if Sheley was arguing with his wife. When Sheley was finished using the phone] he threw it to the ground and walked into the, bar, Embrey iden:tified Sheley from a photo lineup. H~ describes Sheley as having big bloodshot eyes and slurred speech.

Holly Sheley reported 'that she had spoken with her husband Nick at 12;48 a.m., 1:17 a.m, and 2:45 a.m, on the morning of 06f28/2008. She reported that her husband told her that he wanted to see the children one last time before turning himself in. He reported that he was sorry for the pain that he had'

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caused her and his family, She reported that her husband was crying and confused and' seemingly did . not know what to do.

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On the morning of 06/29/2008, a stolen vehicle belon.gi.ng to Illinois Oil Product'>, was found, and there was evidenc» at Illinois. Oil that someone had rummaged through several desks, eaten food, stolen a DVD player and DVDI>, stolen a pair of ShOltSI turned on the air conditioning, and stolen the truck.

Several bottles of beer were found i1rni~e the truck: .

YIcrThtRQriALD RANDAL1'Jo.....o§iJQLZ91Wl Accorpl11g to Galesburg police reports, 011 06/30/2008, Patricia Randall reported l1e:( brother Ronald Randall as missing, 'On 06/30/2008, the body of Mr. Randall was found near flie dumpster at the rear of the Hyvee store in Galesburg, There appeared to be a blood trail approximately 20 feet long nom a car wash toward the street on which HyVee was located, According to the Knox County grandjury records on 07/21120081 Mr. Randall

had massive head injuries, including a crushed skull an9 a significant crack in his skull, In his grand jury testimony, Sergeant Thomas LaFolle~te surmised that Mr. Randall was struck and left in his vehicle, allowing the pooling of blood lin the ve:hicle, At the location where the body was found, there were spray patterns of blood, .indicating thatMr, Randall had again been struck in what Sergeant Lafollette presumed was an attempt to ~'fjnish off.' Mr. Randall. A11 employee at the Hyvee reported that around

4 or 5 a.m, on 06/29/2008, he saw a figc1re lying on his side on the ground in the. compactor, He reported that the individualwas moving at~d he assumed the individual was a drunk

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Ms. Sebben, a HyVee employee repol.'t~ that a m~l.l'l: believed to be Nicholas Sheley entered the store

around 8 p.m, on 06/28/2008. She reported he was covered in blood. While in the. store, Sheley purchased a six pack of beer and cigarettes; A review of the store's video camera revealed Nicholas Sheley driving a truck which appeared ~o. belong to Ronald Randall. Mr. Randall's truck was eventually found in St. Louis, Misso~. The truck contained.significant blood. evidence) both tnside and outside of the vehicle. According to a search warrant request by Sergeant Thomas Lafollette, the bed of the truck also hold what appeared to be human teeth and a sandal. A bloody fingerprint found in the truck was matched to Nick Sheley. I1}"a related incident, Can Smith, daughter of Ronald Randall) opened a bill from Lowe's after her f~tl;ter's death-and noticed the, purchase of a hatchet in mid-June, She reported that she believed her father had the hatchet in the truck at the time of his attack, given his

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FQUR MURDER VICTIMS,~8~06j30/2008~ According to a 07/1512008 search and

seizure warrant by Sergeant Jerome Co;stliaw of the Illinois-State Police, on 06/30/2008 four deceased individuals (all of' whom knew 11r, Sheley) were foundin an apartment in Rock Fa,11s, illinois. Preliminary re-ports indicated that the i~dividuals died as a result of blunt force trauma. Officers found in the Rock Falls apartment a shirt whichappeared to' have blood on it The shirt was tentatively

identified as the same shirt worn by Nicholas Sheley on :06/28/2008· as captured on the video camera

of the Hyvee gas station in Galesburg, :TI1inQis. Holly Sheley told police that one of the victims, Broer. Branson; was an ex-boyrriend of hers> 4nd that Nicholas Sheley had had an argument recently with

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B:tanson. ' A photograph of Nicholas Sheley (developed from the disposable camera: Mel some. negatives that Sheley had had on 'his person at the time of [)is arrest in Gra,nite City) showed that Sheley was wearing Brock's shirt, shorts, shoes, and sunglasses. .

ACTIVITY EETVvEEN ~lIlMES: According to the Major Case Squad of the at. Louis area, sometime prior' to arriving in Festus, Missouri, Sheley spent time in St.' Louis photographing himself and sending copies of those photographs in a letter to his sister Heidi Sheley in Rock Falls. I]) many of the photographs, Sh[)1ey was wearing a sleeveless Chicago Bears tee shirt and khaki, 81101't&. In the letter, Sheley wrote, "Once everything gets exposed, people are going to be in. for a real shock." He apologized for putting his family through troubles, and made references to heading toward California. The letter was postmarked in. St. Louis: on 06/3012:008. According to a search warrant request by Sergeant Thomas Lafollette, infnrmation from LEADS/NCXC indicated that Ronald Randall's vehicle was in Festus, MiSS(!UTi on 06/2912008:. The Festue Police.Department had information that the subject driving that vehicle had attempted to break into a semi trailer on 06/29/2008, and the truck driver identified the license of the truck, whidh belonged tc! Ronald Randall. According to the Major Case Squad of the St. Louis area, on 0612912008, Sheley spent tifue trying \:0 Iocate Kerry Engel, a woman with whom he had corresponded whll~ he was in prison.. S:be had been a resident of Festus, Missouri during that time of corresponding. Sheley made contact with the current resident of the: home in which Ms. Engel had lived when she correspcnded with Sheley,· He was given Information about her current

location. .

VICTIMS JILL ESTE,~ Al"")ll THOMAS E$T~ ruu~;Ql~ According to a 07/15/2008

search and seizure warrant by Sergeant Jerome Costliow of the Illinois State Police, at approximately . 11; 14 a.rn, on 06/30/2008, the bodies of Jill Estes and Thomas Estes were found behind a dumpster in Festus, Missouri, Their vehicle was Iocated at a nearby l1!0tel where they had been registered as

guests. In the dumpster was found a Dale Earnhardt shirt (with the DNA profiles linked to murder victims Brock Branson, Kilynna Lake, Ronald Randall, and Kenneth Ulve, as well as Nicholas Sheley). Additionally, they found khaki shorts" white tennis shoes.rand the Chicago ~e~s shirt, all of which had DNA evidence which had links to muitlple. victims as well.as to Nicholas Sheley. On 06/30/2.008; St. Louis Police responded to' a call about it suspicious vehicle and found a dark blue pickup truck; with DNA profile information indicating that [he blood in the bed of the track was connected to Jill and Tom Estes, while the DNA profiles in (he cab of the truck wereconnected to Nicholas Sheley and Ronald

Randall. '

ACTIVITY BF;_TWEEN 'CRI~,:ES; On 06/3012q08. Nichola.s Sheley was videotaped and observed by several witnesses in a, Wal-Mart store in the st. LOl.lis,Mlssourl area, wearing clothes smeared with blood, and he left in. what appeared to be the vehicle owned by Ronald Randall. Holly Sheley reported that during a phone call around that time, her husband encouraged her to watch the show America's Most Wanted for the next 30 days, He.reportedly told his wife that "maybe this lid my destiny, because I can't serve the Lord on the streets, but 1 can serve the,Lord behind bars. I' d minister to the ones on death row." The Sterling Police Depru.1ment put an eavesdropping device on the phone of Bolly Sheley

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in order to record any incoming calls from' Nick Sheley. ' Ms. Sheley had advised Detecti ve Tim Morgan that the calls from her husband had been coming ih designated as "private number." FBI reports indicated tllat she we had borrowed phones from strangers and order to make his phone cans, At9:47 p.m. on 06/30/2008, Holly Sheley received a call from her husband. During that call, Holly asked her husband to tum himself in. He would not tell ber where he was located and implied that he was days away from her location. He encouraged her to' watch the national news to fin.d out what had been happening with him. He called again at 11 :28 p.m .. .Sheley was again evasive with his wife regarding his location and his activities. Nick Sheley calle~ his wife at least five more times em 07/0112008, He asked for the phone nurnbet of tr~eir attorney, and Holly offered help to him, He expressed concern and love for her. He also discouraged h;er from mentioning the names of any of his murder victims over the phone. Shortly after tile ~ast phone call, Sheley was arrested in Granite City, l1lino~s,

SUMM._4._RY OF ALLEGED CRIMi SJPR.EE~ On the evening of 06/2412008, Nicholas Sheley .allegedly committed the crimes of horne invasion and assault against 90-year~old Janice Wilson of , Sterling, On 0612612008, 93-yr:ar-old Russell Re~d was reported missing. On the afternoon of that same day, Mr. Reed's stolen vehicle was located ih a driveway in rural Sterling. The body of Russell Reed was found in the trunk. The cause of death was blunt force trauma. On 06/30/2008, 65-yearold Ronald Randall was reported missing. Around :o.00t1101~ that same day, the body of Ronald Randall was found near a dumpster at the rear.of the HyVee 5tore,i* Galesburg. On 06/30/2008, upon performing a welfare check, the bodiesof 29-year701d Brock Branson, 25-year-old Kenneth Ulve, 20- year-old Kilynna Blake. and 2-year-old Dayan Bleke were 'found in the Rock Falls apartment of Brock Branson and Kilynna Blake. The cause of their deaths was; blunt force trauma. On 06/30/2008, the bodies of 54-year-Qld Jill Estes and 55-year-old Thomas E~tes were found behind a dumpster in FeStLlS, MlS$Our1, The cause of their deaths was blunt fOIC~ trauma,

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~S!-mLE)?SAB£ES',r.:! !!1/Jj;2QOih AccQr~g to an Illineis State Police report. dated 07/01/2008, Master Sergeant lim Morrisey that th~ lSP receivt:>d information that Nicholas Sheley might be located near a pay phone at a qrmrite Ci1Jy ges station. Pollee followed the 113ad and subsequently observed. Sheley exiting Bindy's Bai. OfBcer.s handcuffed and arrested Sheley without incident. According to Major Jeff Connor of the Granite: City, Police Department, while searching Sheley for weapons, police officers found a package cont~iring the film negatives, The officer asked Sheley if the negatives were his. Sheley responded, "I am not answering any questions until 1 speak with my attorney." He was transported to the Granite City-Police Department. While he was being fingerprinted, Sheley told Detective Ken Wojtowicz that,l,1~ had "done a lot of bad things in my life, but

I hope God will forgive me." " ,

~ Approximately 3 hours after he: was taken into oustody andihad eaten dinner, Sheley was transported to the Gateway Regional Medical Center' emergency room in Granite City due to complaints of pain in his chest and coughing. He told the emergency room nurse-that he had only slept for six hours during the past week Sheley was examined b~ Dr. Chennaian Nadindla, who determined that Sheley had no

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signs of a chest ·lnju.ty and was breathing at 100%1i and tha~ the .cuts on Sheley's finger appeared to be one to three days old. During his fingerprinting process ~ld his medical examination at the emergency room, Sheley talked and. asked questions about religious matters. He had asked his booking officer if he was a Christian andindicated that he had hoped he (Sl)eley) would receive God's forgiveness. Be told staff at the emergency room that after he had 'IDeen .t\~l¥sed from prison, he had begun going to church. He indicated that he had at.telnpted,tb 'Istaiy focused on God but kept messing up." He reported that he had been "praying for forgiveness Ifor his sins. and wanted to believe God would still allow him into heaven.'! He stated he thought that.God "-\rd,Uld forgive him, but others would not.

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In Sergeant Jerome Costliows report, he indicated that on ;07/01/2008, Holly Sheley received a can

from her husband. During that phone call, Mrs, S:heley asked her husband where he was and what he

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had done. He told her that she would be ;receivingllettets telling her what he had clone, Subsequently,

United States Postal Inspectors seized four.envelopes addressed to Heidi Sheley, James and Debra Sheley, Jeremiah Langfelder, and Heidi Sheley, ARJ. four J~ttel:S were postmarked from St. Louis, Missouri, three on 06/:30/2008 and one on 07/2/2008. HOlly Sheley identified the writing on the envelopes as similar to that of her husband,

POLtCE DVl)g.~ I received over one hundred DViDs of evidence, and I had Ms. Thompson review these, looking for evidence of psychiatric: problems. Many: of the DVDs merely have crime scene . photos which are not relevant for this fitness exami and m$Iy of the other have information that was already seen in various paper documents that she had already reviewed. Ms. Thompson made a list of aU of the·se DVDs and what was contained on' each!, but for'purposes of the current fitness exam, I will only note a few significant items.

-Audio-recorded phone calls with Holly S11e1ey: During on call during rhe alleged spree, Holly got fairly emotionaland frustrated during-the pb01~~ call \V~r.h Nicholas, but Nicholas maintained a

matter-of-fact tone, ' ',j .; ,

-Regarding the fight at the jail a' guard named-Hampton said eley was not a

troublemaker ~essed a in:his unit rather than Hampton.

indicated that_ tID make the fight happen, had been

picking on Sheley before reported tbat he understood that Sheley was a member of the

Latin Kings gang was a member of a 'dif'feren~ gang.

-Disc #47 contained four letters !VIr, Sheley sent to family members prior to his arrest The letters were sent to his wife Holly, his sister Heid(his pareats James andDebra Sheley, and Jeremiah Langfelder. The letters contained pictures from the St LOuis area) many of them with Sheley in the photos, The photos had a development date of061~9J2008; The photos were of St, Louis sites, many of the Arch. ~everal of the photos had messages ~ritten 04 the back such as, ('1 need you." "I miss you," "I Jove you," "Going to' California." "Remember me always." "The river's flooded a lot." and "The arch is fucking huge." There was a photo of lile. Hilto~ with a message on the back that he had stayed there one night. There was a'letter to his wlilfe addressed, "Holly, my dearest love." He talked of how he. loved her, missed her, and was sorry fotithe troup Ie he was causing her. He wrote to his

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parents that he loved them. His letter to Jeremiah iwas cheery and frivolous, comparable to a vacation

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-Disc #50 contained a recording of a pho~e call fr~m Nicolas Sheley to his sister Heidi,

Sheley asked his sister for information about the circumstances (hat led to his arrest They talked about the roles of his wife ~d his lawyer in his cap.ture,.'; He asked his sister to save all the newspaper e..rticles about him so he could read them at a later date. ij]s jone of voice throughout the phone conversation stayed steady and within a normal range regarding, tone, rate, and articulation, He sounded a bit tired or resigned, but did not sound depressed, There w.as no evidence of any thought disturbances or emotional" disturbances. He also briefly spoke with each tit his parents during that phone call.

-On disc' #153 ~ Mr. Sheley can be observed ~ul1l1'ing !.out of his jail cell with a bar and attacking another inmate. Afterward, Sheley could 'be observed pacing, moving around, fl,l1d gesturing in apparent agitation. He showed no assaultive beh~'Vior toward the guards, but it did appear that the

guards were. attempting to calm him down.' \ . I,

-011 disc #85~ Mr. Sheley was interviewe~ rega:rdi~g his 07120/2008 fight with another inmate, He was read his rights by the officer and indicatcd'that he understood his rights, responding with "yes

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sir," The officer asked him. what led up to the 07/~OJ200~incident, Sheley indicated that before he

answered any questions, he had questions, He wanted to know if charges might be pursued as a result of the altercation, He was told that there was a PQssi'pility that charges might occur. He also asked about punishment as a result of the incident - if t-H6re would be a 72 hour lockup, He also wondered about the prospect of getting days added on to his ~ime. The officer clarified for him that a court would determine if he had additional days to serve, but t~e jail would determine the setting in which those days, if any, would be served, Sheley indicated thl~t that a:t~swel'ed his questions. He then told the officer that his attorney had advised him to notify :liim if Sl~eley faced any questioning. Sheley indicated that he had been attempting to contact his lawyer ¥ith no success. He told the officer that he was choosing not to answer any questions until he hadi!represeIlt.ation by his attorney. At that point the interview ended. Duri.ng the interview, Sheley spoke to th~:,officer in a polite manner. He displayed

clear thinking find composure, .: ,I' .

-Discs 91, 92 and 93 shewed Mr. Sheley being booked into the jail, He appeared cooperative and did not appear to be threatening o:~ aggressive with the police staff. He was cuffed up without incident and escorted out, There was no e~idence' cif unusual behaviors or verbalizations.

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SECTION. ~~~Q.lJB,I......HF.J&K.lliG.s

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There have been numerous court bearings in Knox.County in this case related to various aspects of the

case. Because. Mr. Sheley1s capacity to represent l~mseJf p~o se is at issue here, a reasonably thorough review of his behavior at those hearings appears appropdate,

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~008 Hl3:ARING:. At a custody hearing on '1~7/03!fci08, Sheley indicated that he, understood each of the. charges, each time 'answering the judge: with Hy~.s sir" or "yes, Your Honor." HI;': also indicated that he understood the possible penaltiesr JudgeDavia asked Sheley if he desired to have lit Public Defender al?pointed to represent him. Mr. ~h01ey replied that "I've had an opportunity to speak

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with my lawyer who represents me in. other matters, a.nd,J'Von the seriousness of this matter, we're ~t~e~1?ting:() lOcl~te c~unseI that c~\JI!:l better TI;lPtrl.: sent ~~I in ~a.tters such as tl:is." The judge .'

explained the choices m front of Sheley, He had Opt101~ to (1) have 110 Public Defender appointed

011 that day, but request the appointment of one at a later date or (2) have a Public Defender appointed [h~t day, and at some future day if he obtained a ~?vate counsel, replace the Public Defender with a private counsel. Of those choices) Sheley chose the first. The judge clarified Sheley's choice to not have an attorney appointed em that day, and Shele~ indicated that that was correct He indicated an unde:t'standing that he would be able to request a ~bliC D~£ender in the future. When asked about a

ti~1e,frarne ofobt~ining a p~v~lte ,at.torney, She1eYI~~dicate:~ that ~ belief that h~ W?vJd be abl~ t~ do '" . within a month, Judge Davis indicated that a month was a:;long time to hold him m custody, informing him that he had a right to a preliminary.hearing, Vhen as~ed, Sheley indicated he understood the meaning of a preliminary hearing, Judge Davis i dicated,that waiting a month for a private attorney

might interfere with the time limit forprelimin hearing! Judge Davis asked Sheley if he wished to

waive the speedy time limit for his preliminary he· lng, S~eley i)').dicated that he did not wish to waive that limit. As a result, the judge indicated that he' as eompelled to set a preliminary hearing date whether or not Sheley had an attorney.· He asked holey Whe understood the situation. Sheley indicated that he did. understand. When. asked if still wished to proceed with a preliminary hearing within 30 days withou~ an attorney, Sheley replie ~ "10.0."'1 Sheley was asked if there were any other matters that needed to be addressed, and Sheley re :lied "NQt that I'm aware QV' At the conclusion of the hearing, Judge Davis again reminded Sheley tl t if he ~ished to change his mind about the. courtappointed attorney, he could promptly be appoint done. :Qheley responded by saying. "Thank you,

YOl.U· Honor." ,I

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07/09/2008 HEAIUNG,: On. 07/0912008, at a he . Ing to appoint a Public Defender, Judge Bordner

reminded Sheley about previous information he hs d been given about the nature and possible penalties ofhi~ first cou~t of first-degree murder', Sheley afeed tti~1 he had been advised of the chargeand possible penalties. He acknowledged an underst diI'l;g tJ:t~ he could be sentenced to natural life 1I1 DOC. He also acknowledged that he had receivecl,a,dmOnil~rment~ regarding the other four counts (of first-degree murder), As in the previous hearing, ,(heley responded respectfully to the judge, referring to him as "sir" or j,YoUT Honor." When Judge-Be "dne.r:t:e:\ithJ.d~d Sheley that he had indicatedin his last hewing that he intended to seek to hire an att '. ey, Sheley replied that that was correct and that he was still in the process of doing so. He also ackno ~edged:an understanding that any attorney he hired must b~ a member of the Illinois Ca.pita~ ~iti,gatiol ~21·.: ~en asked, She:le~ re~terated that he had not yet ret<'l.m~d an attorney who had ~he reqU1~~d qualtfrca~on~ .. Judge Bor.drIer mdl~a:ted that because of the potential of the matter becoming a. capital ca&.Yr,he mter\ded to appoint a Public Defender to represent Sheley in order that he have the benefit f an attorney prior to his preliminary hearing scheduled for 07/2112008. Sheley was advised th the could choose not to use the services of the Public Defender, but given the seriousness. of the hargea, tihe judge wished to make counsel available to him. Judge Bordner asked Sheley "You have n t indlcaied that you're going to represent yourself; is that correct?" Sheley replied, "That is not mydesii e." l'udge Bordner asked Sheley if he had the ' , financial ability to hire an attorney, Sheley replic . "it's pqssible." When questioned, however, Sheley

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indicated that he owned no real estate and 11i'b ~ accou*s had "nothing with any amount of money in it." He further indicated that "I don't have a iy as let$ that:OC can think of at this time." Judge Bordner then stated that based on the fact that Sheley had '0 as:set~:of any significant value, given the severity of the charges, and the possibility that the state. , 'g t elect td seek the death penalty, the appointment of

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sn attorney tor Sheley seemed to be appropri ate 0 ! necesaary. The court appointed Public Defender

James Harrell, At the end of the hearing, Ju ge ordner ~sked Sheley if he had aTlY further issues for the court. Shel,ey replied, "Not that I can thi kof ;Your ~bnor,l)

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mUQ6/200S ARRA!G.N~mI;.rt:: On 08/06/2 08, tudge S'~WSl't read all the counts from the Grand

Jury indictment (17 counts in the case of viet In flmald R~da1l). and informed Sheley that there would' be_B..8,epar:i1te sentencing proceeding to deter line he eXL~t~nce and impact of any aggravating 01' ~tigating factors in the case. Judge St~wart as '. I' Shele)(,'lf he understood the charges against him as well as the possible maximum, sentence. Sh ey r :p1ied t~at he did understand. At 'that time, Sheley's counsel tendered a plea of not guilty to' all 17 co 'ts, At tile request of the State's Attorney, Judge Stewart admonished Sheley about tile possib e se lence,s C;h his offenses, When asked if he . understood the possible 'sentences, Sheley re he' i"Yes, Yfour Honor, I do." State' I.l Attorney

Pep meyer indicated that the stare had an eve . di ~ conce~ regarding Sheley' s, speedy trial demand. He indicated a desire that the matter come to rial I nlesa tIle defendant made a motion to continue it Mr. Harrell agreed with the desire not to deb 'ani agreed ;With a September date. Judge Stewart informed Sheley that before the case went to ial "he statd':would have to electro either seek or decline the death penalty. He, inforrned Sheley'that h ,W~' 1 entitl~4. to the appointment of a second.counsel if

the, state decided to s.e,ek the. death penalty .. ' te iaSked'lt:.he:. tll1derst~od, Sheley re~lied :'yes, sir,"

Mr. Harrell presented a motion that all the ev den e gathered that was 1:11 The possession of the prosecution be preserved until further order 0 'the tourt: 'Tbe judge so ordered,

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Q9fQ3!:2QO~ :a;~&,RING~ At the 09/03120081 eari !g, Mr~ ,~,:epmeye:r fHed a notice of intent to seek the' death penalty and introduced seven aggravati g f :tQfS. B~cau$e of the state's election to, seek the death penalty, Mr. Sheley was entitled to rep. sen :~tion by{!t\;Vo attorneys, As a result, Judge Stewart appointed Jeremy Karlin, Judge Stewart identifie Mr, H:a!i:rell as the lead counsel and Mr. Karlin as

. the second chair. Assistant Attorney General tte~erry r:equested that the court set a trial date no later than 10/13/2008 in order to keep the trial wit} in t b 120 diy requirement. The court set up a date for a case management conference and filing da IS fa' Il'eadi~~ss certificates. Mr. Harrell requested a

CQn tinuance of at least one week in order to c or nate S11~,ey' s representation and to review the state's motion with Mr. Karlin. He told-the j dge i:l,at :fel':~~1e record, the motion was being made by counsel. He indicated that Mr, Sheley was "r ady to go. 'He's ready to ga to trial at this point, but as counsel, ethically, I am requesting this contin anc i!, At ~t point, Nicholas Sheley requested that he address the court. Judge Stewart informed Seley' iliat generally, when represented by counsel, only

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counsel speaks in court. He informed Sheley that I ytlling\.he said in court could be used against hlm

and also indicated a wiHh\gnesls to hear' Shele . Seley indicated an ondersranding that anythins that he so5d could potentially hurt his case. Sheley t Id J .age Stewart "I just want ro make it noted that it's not' my intent to request a continuance of any am unt :f time'. ;~ was not informed that J\1r, Harrell has filed

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a motion in regards to the motion the State has fil ,d ~1at, we just received a copy of." After conferring with his attorney, he further stated, "Correct. He! ~g the 6tlon fer the court to authorize to proceed

with the POSSibil:ity,,~f, consun;:J.p~ive DNA.tes~ng:r anal~'!': s of cert~in items of PhYSi,(~~al evidence. J did not know that Mr. Harrell had filed a motion-in r gal;"ds to ::that, and It war; not my desire to have a

motion filed in regards to that. I have requested r ,b motioi s to be filed, and if that motion was, indeed, filed', it was done against my desire, au:d tlu.lC6 W . ht J wou[i:J.li1ce for tile record." Judge Stewart indicated that he would note it for the record .and .1 heley .ti.lan1ced him.

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In respouse, Mr. Harrell indicated that he respect d Mr, Siteley's position 011 the matter and his right to

in~ii~Gate hi~ feelings. HI:wever, he felt,he, an~ lV[r, Karh1~ ~~d a responsibility to make ~ure the trial proceeded In an appropriate manner. He indicate that he !~hd not feel that 'a short continuance would negatively lmpact' tho State's ability to, ::try the cas within 1.20 days, He indicated that he felt that the case would go more smoothly if he: and 1\1:[1'. Karli would kaye time to discuss the issues in the case,

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Judge Stewart indicated that the court "was not g ing to bi boxed into a position like this. We can't

use the speedy trial provisions as both a shield an, a sword .. " He ruled that the request for a continuance to examine the material before th~ h~lring w:J~ not unreasonable but indicated that it needed to be understood that it mightresult in ad aay of ,llie trial .. He encouraged 1\1.r.' Sheley to understand that issue. Judge Stewart asked Shele '. if he ~tu1d accept a continuance of one week to allow his attorneys additional time to prepare, thei 'imateri~~tL Sheley asked to address the court again and stated "I do not wish to have a continuance g:D luted. Ii,issues are gonna continue to arise where

the appointed counsel that I did not request to be ' pOintij, if it's gonna continue to be issues to where we, have differences of opinions in rega:rds tothe atters o~ .. how we're gonna go about handling this case, if it's necessary for me to fire the :'defense co ;nS~l .an " any further appointed counsel atll;~ eith~r file my own appearance or look for the appeatance to e filed rof another attorney to represent IDe in this matter, that's my standpoint (In this, I do notwis 'Ito hav:;:f:a continuance granted in any way for any reason what,soever, T~lat~ s my stand. , 1~~a~k you, ~t Judge, ~tewart denied lVIr. Harren's n:0tion, In. response, Mr. Harren indicated that he felt It was s call; not Sheley' s, Judge Stewart reiterated ins decision to gr~t Sheley's request to comply "·'lith ,peedY'~I::a1 previsions.

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09/1112008 HEARING: On 09/1112008, a case a~agem; nt conference was held. Mr. Sheley

asked to address the court. Judge Stewart renund ,d, Shele 'I of his right to remain silent Sheley i~dicated a .~efinite deSi.re to waive his ~ight to m 1,1.e, a stat~m~nt to the court. She!ey regl..lest~d to have Ius handcuffs removed m order to better be able t : manetl~~r rn the: court. Judge Stewart denied that request. Sheley further stated, "Your Honor, ~wo: ldJike.~? state for the record that I have concerns in regards to how my case j s being handled as well ,I to hav~'Ft noted that JIm not looking for the Court~ for an? legal ~dvjce) nor am I lcoking'for an:~ s : pa:hY:.' .~t is 110t my desire to ~et public recognition or media attention over these concerns. I'm simpl bnnglii:g to the court' s attention certain matters ~rectl:y pertru. ining to ~lY case whel:e questions' of ~w and it:"8 inte1Jlreta~ol1 thereof arise ~d become Issues that have a11 effect on my being able to'pro rly und rstand my rights, And by doing so, I am asking you, Your Honor, if when I run done here) 'Fll coul ' shed some light over these legal matters for me because a.t this time; I feel as if I ha~,e no say $: whatsofver in my own ~efense due to the fact that

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my very own request to my ccurt-eppointed couru :el is bci~g blown off as unimportant, and they've even went as fa),' as. to say in other words, that teg' dlesso whatever I say Or do, they're going to do whatever they want to do or whatever they feel is ~Iecess,' , in mycase, whether I agree or not, which all boils down to my interests as opposed to my 1 ' yer':::' wn personal interest in the case which, Your HOnOl\ you made rne.nt~()n of last week, At this ti ': e, id :' :ty, I would like to read something I prepared on the 28th of August, whichwill direct!y .re:t1ec(upon the issues being raised here today by' myself." ,

Judge Stewart asked Mr, Harrell if he had read Sh"ley~s ~tlltem~~nts. Mr. Harrell indicated that he had not and he had no knowledge of what 1\1[, Sheley" as recj'~ng, Judge Stewart asked Sheley if he understood that he, was malting his statements, to :: hich h ; replied that he did, The judge asked if he was making the staten1e:ms freely and voluntarily, :iSheley'. ;eplied, "yes, sir, Your Honor," Sheley's

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"On the above date, August 28, 2008) l md with ~ lawyer, KrIOX County Public Defender James H. Harrell, at the Knox County Jail Durin which" received a copy of the motions as well as a notice of the hearin. g filed by the People of the St ~e of JJ1~i ~ois by John r. Pep meyer, Knox c.ounty , State's Attorney, and by illinois Attorney Generaljl.isa M'I lganthrough her Assistant Attorney General, Michael L. Atterberry, which is a motion::for co,':. : authorization to proceed with possible . consumptive DNA testing and/or analysis of certain items ': f physical evidence,

"Mr. Harren has informed me it was his d b'e tor lspond with a motion of his own along the Lines of having tID expert: present during any testin I Sl'101.l1di'ajudge grant the State's motion. 1 informed Mr. Barren that X would be in contact with him on': e I reached my decision in regards to this matter, .

"A short time later, after having ao opport ::nity to .rbview the motion filed by the State, I requested an emergency telephone call to be ;Place:. to Mr .. garrell in the presence of another. witness~ in another -- in -- in the presence of a~other as t ,:have a'.v(itlless . First Shift Sergeant Scott Cordie agreed to my request and was present ~tuing my c ,nvers?Tn with Mr. Harrell. My response was to

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sophisticated fast-lawyer talk and other-deadlines 'ntill'v:el had an opportunity to do my own research, ' but I wasn't even notified that my lawy~r filed a It 'pTion I;m~l he stated in open court that he had done so) and I had not -- and had I not been paying very\::lose at I ntion at the proceedings last Wednesday;

I could have easily been misled by fast-lawyer tal :;becaus. I never received a copy of the motion until

yesterday. . ", '(

"So I had no time to prepare for, my defens :', ap.d D' cause the motion was heard, you _. had you made the decision last 'Wednesday to C?u:nt th" delay ap. 'alust me, I would have been forced to give up my rights to have a speedy trial unwillingly, wlfich is wf,y I need to address these matters before today's proceedings take place before ybu make yur deCiS~·'OI1.

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, "However, I am aware of my right to have s:peedy:trial. and for the record once again, having

a speedy trial Willli", the 120 day dea4li~e is my o!, ctOW4Ir' and I do not want anything more done

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from my ,lawyers On mybehalf that co~ld cause delay on.<', y behalf causing me to forfeit my due

process rights to a speedy trial. ' , !

" . "I fe~.1 ,after, ~hat has ~ready taken place and th~t ct that my lawyers failed ~'", filed a mo~on ' behind my back against my will regardlesa of his good inr nt, that mynow lawyers will do anything by any means necessary attempting to have granted a'oontinu ?:nce of any kind just to buy them more time

to prepare for a better defense, whicf is clearly rny choice ,not theirs, ' "

"Also, I would like to point Qut'the fact that a larg : portion of my discovery was delivered 13 days ago to my lawyers ~- or to my lawyer, and I still- have " ad no opportunity to' review the evidence the state claims to have against me. 'I f~el t should have t e first look into my discovery instead of "" instead it was held -- instead it was held onto for just shy'a,! the week by my 'lawyer who then shipped it to Springfield for £l: week, and now I'm being told that if:s trill not all copied and that many more days are needed to get copies made for everyone else before evi '111'Xlyself, therefore, making it difficult for

me to make any decisions in regards tomy case, , \ .

','The question ~- the questions of the law that arise over these matters at this time ate, number one, do my court-appoinred lawyers have ~'I.e ~egal right to do as they wish in regards to my case as they feel necessary, and if so, could yo~ point out where tb(s law can be found?

"Number two, do r have a nghtto my own disceve Yl' and if so can Of will me Court demand

the documents to be turned over to me'? ,

"Also, it is my understanding that one of thie issues I 'hat could arise to delay the process of a sr:eedy trial b~ an examination for fi~e~s by a fitness he ~ ·fg or by ~ adjudication, ~f unfitness to stand trial, all of which can be addressed either by my own lawy ~'s, the, State, or the Court s request, and 1 see this as a last-ditch effort by -~ to buy more time, and X: 'culd like to prove at this time that I am,

, indeed fit for trial based upon the fact that I have, both kilo ledge and, understanding of my charges" 1 know and am aware of the proceedings, taking place, and:~t r have yet -- and that have yet to take place. I also do understand the consequences of a plea agr le:ment, the judgment or sentence in the functions of th~ -- (interruption by court repo~er) I was S~' i ing that I UI1derstan. d al:d have knowledge and understariding of the charge, the proceedings, ,~d the:, ;ansequences of a plea, judgment or sentence and the tuncnons of the participants in the trial pr cess.

"I am -- I do hEM) the. ability to observe, recollect " d relate to the occurrences in regards to

these incidents alleged, and I am morethan adequate to co' urticate 'with my counsel. '

"1 feel that my social behavior and abilities .are abo e and beyond that of n0n11a,L As well as all other requirements in regards to a fitness hearing, Lfeel tl;r:'I could pass without any -- any ~- any issues at this time, and that's - that's basically all I have. ". "

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Judge Stewart questioned Sheley in an ~tteI'npt to clarify ;~t' at last part." The judge asked Sheley if he

recalled what he had read to the COI)J:t. Sheley responded:';' es, I do. I was reading the requirements , I

of the fitness hearing." The judge indicated that they had etten into the issue quicker than. he had

intended, The judge indicated concern 'about what :Sheley: 'ad presented the previous week about !

having questions concerning the representation he was rec iving from both his CQ1,luSIilL The judge:

explained to Sheley that the procedures' that he was ex peri: cing were not unusual for the type of case

that was before the court. The juoge informed Sheley he ~ certain constitutional rights, including the

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right to be represented by counsel, I-Id: i~formed Sheley l' t he could hire counsel, but if he could not at'fo~d counsel, co~n:;;el could be appo~nt.ed for him, They dge reiterated that, other mal) the

r~(.1~l~eme~~,t tha~ ~~x~ c:hose~ ~ttomey by capital ]~tigation q laIifi~d, SheI:y ;vas free to hire anyone to represent him. He further.informed Sheley that If he chos to give up his nght to counsel, his only alternative was to represent himself, emphasizing the choi es of either being represented by counselor

being represented by himself. :

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Judge Stewart further went on to e:x:pl~n "from what I hea d last week, and you were questioning the effectiveness of the, representation youire getting, it seems :~o me that we need to have a hearing to get to the bottom of this and find out how ~C1U want to procee " In terms of decision-making, thelawyers make the decisions as long as they are representing you. 1~ey make all legal decisions concerning your defense. You have certain rights that qnly ypu can decid~' r decisions that only you can make and

yow: Iawyers can't make, In team; of whether to clead gtii'ty or not guilty to the charge) that's solely up'

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to you. Your lawyers can't farce you t~ go one way or the: '~ther. If you choose to plead guilty and

you do it freely and voluntarily, you can do that and shortc ~ t the entire defense, but if you intend to plead not guilty, the lawyers make all the decisions concei "ing the defense because that' B their legal specialty." The judge, indicated that he.had hoped jhat he I ad answered Sheley's questions, reiterating that if be was represented by counsel, hiis counsel iilete:rmi1b.:d how to proceed in his defense in teI'Tl1S of

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~l!dge Stewart asked Elhel~Y if that ans~ered some: of his ig:' estions, and Sheley replied that it did,

J~dge Stewart expres~ed concern and.felr th.ere was a need~to have a hearing to dete~nc:, how Sheley wish to proceed. He informed Sheley that he: wished to pr ceed pro se and represent himself, the

jl,ldge would have to make certain legaI; determinations ttia 1 he was able to do so. He asked Sheley to put into writing what he was aeking thJ! Court to do and tl:i:1i reasons for that request, The judge indic~ted th~t.he would then h.ave. som~ ideahow t,o inqu\:rr at the'ne~t h~ari1:g. !-3:e stated tha~ if Sheley elected to utilize legal represe.ntatlOTI.. '~~. judge WOul.d m~" a. determination 1. f. hIS represe;nta40.1:\ up to. that point' had been effective, He tudicated that It determin I :tion at a. hearing would guide the direction

the judge would take. Judge Stewart ,~sked SheJey.ifhe un' erstood, Hesaid that he did and requested to ask one more question. Shel~y asked "do I'hai e a right myself to -- if 1 chose to fire tlle lawyers that were appointed to me or d~ I have to I'pOVe d: ;, Court to request that they be --. At that point the judge informed him that he wpuld have to ~pp]yl II the: court to terminate his representation and appoint someone else. '

The judge further informed Sheley that.any competent triallcounsel would ve1."'j likely proceed in a very similar fashion as Sheley's current attorneys. He told She] ~y that because the public was paying for his attorneys, Sheley did not have. the optid;n to choose betw.e:.et the ones that were appointed, clarifying that if he wanted legal representation, he h.ad the choice be:. een hiring his own counsel, OT having a court appointed counsel, with the courtjdetermining who t at court-appointed counsel would be.

Sheley stated that he understood. j

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Assistant Attorney General Atterben)told Judge'~tewarL "hat testing of evidence had l;een arranged. and tha; the State was prepared to proceed with thiat 'test'ln . 'The State' 5 Attorney Pepmeyer had a proposed order to grant the State' s mci~lon· to proceed witl:~ possible consumptive testing. Sheley'e attorney, 11r. KarHn) indicated. he had ~ot had a chance to ~ eview the motion, Judge Stewart indicated that he would schedule a tentative heat~ngj anticipating th 't Sheley would file a motion with tbe court, He emphasized that since Sheley had raised the issue twk, th~ judge felt it was important to have a hearing to be able: to fully address she,i~is objections. 11; instructed Sheley to draft a hand writren n:~otion, specifying what he was asking_lthe, court to do, incl ~ ding w.hether he w~s e~ecting to represent himself or to have counsel represent hilin. He was, also rec ested, If he was objecting to the representation by his counsel, to set fo~ the reasons for'. , . se objections.

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Mr. Atterberry raised the issue of res0I:ving at the cUl:rellt earing the matter of whether Sheley wished

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to represent himself or to have counsel~ After a lengthy pl~'!,sentationl the judge indicated that he had

already made a decision on all the motions presented. He I ccused Mr. Atterberry of maldng speeches and being r~g1)~entati ve, He indicat\4. th.ilt he felt tI~at ~,h,~ley ~ad asked questions COl1c~rning ~is rights and the obligations of his attorneys and; felt that Sheley WH~ entitled to have an opportunity to think about his choice rather than making a Jpeedy decision on tie same day that he received the information. 'Therefore, the matter was set over for a~~other hearing, and : udg~~ Stewart indicated that, in the.

meantime) Sheley was stiU representedl:by his counse~, !\

OWl9/20(}8 HEARING: .In the h~arin~'on 09119/,;008, lu: ge Stewart asked Sheley if he h~ made a decision regarding whether to represen] himself ai'if he wi hed to be represented by counsel. Sheley

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indicated that he had made a decision ~fH;1 told the judge, '~' ~ -fy decision is to either represent myself ~r

to have other counsel besides what I halVe at Jh:i:s tijme.~,j J:ukge Stewart indicated that Sheley was asking for two different things. He asked Sheky Co clarify if he w' s asking the court to consider the adequacy

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of h~s counsel,. to .c.ons~de.( appointing q~her couns71, or.if hi: desired, to r~preiSent himself. S11eley ,

replied, "At this time I'D represent mys~lf:t At that P01U~. ' Karlin raised a concern about Sheley s

fitness to stand trial given his acrions iJ the courtroom, H' questioned Sheley' S competence to

.~' knowingly and intelligently waive hjs nght to c01J~sel as. '11 as this competence to defend himself; He asked to file a motion, despite his client's concerns to the . ntrary, regarding the concern about his

ability to waive his rights. I: .:,

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Sheley requested to. address the court, ~tating "I ha~e prep, ed a motion if the court would be wi1Hug to

read over it before you make a decisionin regards to wha:~ " . y defense is objecting to or proposed." Mr. Karlin indicated that since. he and Mr. Harrell were sti ' acting as Sheley's attorneys, he objected to the court considering any motions frod.; Sheley, T~e judg~ agreed with Mr. Karlin's objection, He made a decision to seal Mr, Sheley's. mption rather, than re d it in open court. The judge stated that fitness had to first be determined indioating that i£:Sbelev.· as found fit to stand tria] and fit to make

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decisions, them the COUlt could JPtQpel'l~' decide onwhether ' r not Sheley could represent himself,

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Judge Stewart told Sheley that he had the right to counsel 'well as a rlght to represent himself as long

as it was "freely, knowingly. and voluntarily entered Into." 'The judge felt that he had to be sure that

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Sheley was able to make such deCisjo~\G comperer tly. H~' I. ere fore granted the fitness request by the

defense, :'

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The judge told Mr. Sheley that he recognized that'the eire stances were cUffkult for hirn, indicating

that Sheley wanted his attorneys to prqpeed ina manncro ~ which they d,id not approve, He clarified ': Sh~ley that hi~ i:tlto~ley~ ha,d a pro1essional refPonsibi [ty. He also ~n~onned, SheJ7y th~t ,his attorneys had represented him In a manner that was not unasual and was, 111 the Judge, S opimon, "good, competent. representation.' Judge Ste~aJf further :indicate' that he felt it would not be appropriate for him to examine Sheley's counsel's corhpetence, ,lat it uti :ht essentially be a conflict of interest. He therefore indicated that he would leav~it to the C ~ief Jud to. appoint someoneto dete-rmine the .

competence of counsel. I' ,

After other housekeeping issues were ~Dded to, s: eley ~'~ ed the judge jf he could address the court, Judge S,tewan denied Sheley's request!i:o address he co , ·,.until a fitnesf determination was made. Sheley indicated that "that's what it's i;n regards t ." 'The dge again denied Sheley's request, indicating that his attorneys were still ip the role 'speal? g for him. B;e told Sheley that after his fitness was determined, the judge would rnak~:a decision about S ley's ab:iHtyto represent himself .. Sheley told the judge "I was ready to have tha~ determine "on' don, last week and I stated in open court that I was willing to argue ~~ .. At that point, ¥r. Harrell object~,to Sheley speaking. Sheley continued, stating "1 was willing to argue anything at this poi. t. I stat d in open court that I felt the court, the State, or my own defense attorneys would use the fitnes : hearing against me in: order to occasion delay upon th~ de:el1darl~) s behalf." Throughout S~1eley; s atafemen(' . Harrell .wps sirnultane,ousl~ making

~?jectI~ns, ~he:ey and Mr. H~ell wer:e talking ~er; ea?~ ther. ~fhe J~~. ge concurred WIth Mr. '

Harrell s objection. At that point, SQ.l~y turned t' chair, ;way from lli~ counsel.

JQDGE STEWARr:.£.OnSFJ.! A ,i: N :, 9' 2 ,: . Judge St~wart dictated a two-page

note 'on 09/22/2008 regarding his obse~a:tions of . Shel ~y's behavior.at the 09/19/2008 hearing.

Judge Stew3.11. noted that he went into dourt for th i purpo~' of recorrnngithe court's recollection of Mr. Sheley's demeanor at that hearing. The court j·niti lly i1lq "red whether ~he defendant still challenged the effecti veness of his counsel, and Mr. S.heleY initia 1y did n' t choose to challenge the adequacy of the representation, then stated he wished r~resent hi • self. A that point, h,s attorneys orally moved for a fitness examination and Mr. Sheley became agitat d and 15. d a handwritten motion with the coort, , Defense counsel moved to sea) 11r. Sh6ley"s moti~n unti~ 1 :tness was determined. When the COllT.r granted that motion, Mr. Sheley becm;n.~ even more upset.' I udge Stewarr wrote that throughout this time, the defendant spoke over his atto~tp.eYB and tl· court, Interrupting both his attorneys and the court on several occasions, rustling paper an4 $ctlbbUng:lOltdlyi) order to disrupt the proceedings. He then turned his chair loudly so that his back iwas facing his .atto~ eys, Judge Stewart wrote that this was the first time that Mr. Sheley had infOmlt;:d!:T;ho court his des l e to proceed pro sa.

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EVENTS RETWI~EN MY TWO r~\ERVm ,S rl~" IVJ:.F...!.SB:ELEY; On Wednesday,

11112/2008, I caned Mr. Karlin and~. A~terbe and e ' Jained to each of them that Mr. Sheley

appeared very rational and knowledgeable, but th' the w,o Id not discuss his trial strategy on the record. 1 £old them that I was suggeSti~lg that we btain a r ourt order authorizing me to interview Mr. Sheley off the record, with the court olider specif) ing th~t e information J discussed with Mr. Sheley off the record would not be discoyeta~~e by the c iurt or tl: e attorneys. I also stated that I wanted to . videotape part of the second interview] but not" oj: course; [he,p&i of the second interview in which I spoke to Mr. Sheley off the record, I ~ske¢ each :ttome~ r their observations regarding Mr.

'Sheley's behavior in court, specifican~'looking f r evidelll 'e 'of psychosis or mania. Mr. Karlin said that . when Mr. S?~ley had the op~~rtunity~' speak in :ourJ:, ~e:appe~e? animated, easily,excit~ble, and .. had a great deal of energy as 1f Mr. .Shi!f~ey we.re" syc~e4 I p," airnilar to how an athlete might psych himself up for a game. He did not des8ribe anyrh ng to m tha.t sounded psychotic and he certainly did

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not describe any delusional ideas Mr. Sheley had vxpresse. in court. Mr. Atterberry likewise did not

describe any psychotic or manic symptorns, and d' scribed, . Sheleyas appearing to be someone

who feels very strongly about getting t]~ings done::lls way. ,,'

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. Also on 1111212008, I contacted Judge :ste.wart byteleph? "e, explaining my observations from the first

interview and my suggestions that I vi ,eotape p 'I of the: S scond interview, and that Judge Stewart '

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issue an order a.uthor.lzlng me, 'to interview Mr. Sh ley off; ne record, 60 that I could assess more

directly the rationale behind Mr. Sheley's trial etc tegy. WI e following day, a telephone conference call was held including Judge Stewart, mosiLof the attq rneys in I olved, and .myself. Judge Stewart asked me to explain my request, and r did so, alOpg with m rationB1, for tills request, The various attorneys expressed their views, with MT. Karlinl~xp1ieSsing:Tlo obje "'on to the off the record discussion, out Mr. Atterberry expressing concern that I might be l:;>l:ls:iilg'my d ;inion on iufqnnation that was not available

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to the court or rheettorneys. r explaine:d that the ,'fHhe 116 ~ord discussion would only be a small part of

the basis for my opinion I and I also eXl~lained that II believ,d the information I would obtain off the record would not be obtainable any oth~r way =s= ~.Sheley had stated very clearly that he was not going to discuss his trial strategy ifllthis info ,ation C91l1d be relayed to the court 01" the attcmeys ,. Mr. Atterberry asked if the off the recoi'd discussi n with: . ,Sheley could be videotaped so that when the Illinois Supreme Court later revjew~d the case] they co \)d have accesstc this information, but

Judge Stewart pointed out that the ll1inbis Supre COl;trt:. ould only be reviewing the court record,

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Judge Stewart made the decision that Ilbould proc ed wi~ .. e off the record discussion with Mr. .

Sheley. Judge Stewart also ruled that II!could vid~ tape p . ts of my second i.ntervi~w with Mr. Sheley. Judge Stewart asked the Attorney Genii'S OffiC~: to prt~. c e the order for 111m to Slgn..

H,~NDWJJITIEN MOTION BY ~fQ1AS 'fIE 11 ~ Sheley handwrote a two page motion

that is not dated, Labeled "Motion to R!~mo:ve All' curt Ah)Oillted Counsel on Defendant's Behalf." Mr. Sheley wrote that he desired to ewter hire oth 'r Priv~t ' counsel or Iii-present himself and that he had declined appointment of a Public Dlefe!llder fr 11) the p' -ginning of his case, He: stated that he had a serious conflict of interest among the c?'~ap.pOi ,ted la-.y: ~t$ and that these two attorneys were the, only two available in Knox County to l~andle his c· se, He stated that Mr. Harrell has an overwhelming

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caseload and that Mr,' Karlin used to 'de.feuse that was "above and beyond j "

been filed 011 bis behalf against his " court-appointed lawyers for doing Mr. Sheley's motion to indicare any ".L.o,,,,,> UH <I., apparently [he motion NU". Sheley attempteo what appears to be an appropriate appeared to be no delusional content. '

Mr. Sheley stated that he wanted a defehse," He complained that motions have --'~u-'.'-.··-·- a demW)d for a speedy mill by his

a delay 1)11 his behalf. There is nothing in sychotic symptoms; This motion is

on 09/19/20Q8. The motion was written in . It was well organized. and there

~~~~~=-.::..::tl~.£~~~~~~......oz..&!<l~~~'!~cb!.L::L!oo:~~w!"":" In all th¢: hearings 'except for

... "' .. 'y~~'r .. u, with no evidence whatsoever of any type no evidence of psychosis in those hearings: were not being followed and he was

oeeame agitated :and turned his chair so that he his wli~ing was clear, coherent and

('!'011JI;;:<l.n:)u to be an incident log at the jail,

log that he h~d Sheley out for a phone call e to you, Are you going to support me or Sergeant Cordle that he had "no one' s

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log that Sheley seem to of taken a nQ}r",,,j'por! to write down any observations

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_,"".'" .. ci dent report, Ni~hol::t$ Sheley and. report by Deputy Haynes, Sheley had

as a weapdn), The two inmates stopped " describef) Sheley' as "extremely agitated .to his room for a shakedown. The officers " Shiley also had four pencils U.'UI",g"''''~~r'''''' the items wiilillg1y and did not threaten or

was being escorted "treated me.like a nigger. I'll

moreatec that Shel~y was having "words with.

the bad guy in here and not to forget it."

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reportedly indicated that h* did not Deed. pro~· ' lion in the jail. On that same date_ made .a request to talk to a 1l~1.1temU1t, indicatid,g :that he and Sheley were having problems, ~'V"UI-',',~ .. '~ ~~'-! that Sheley had ,lhreatened his 1ife;a", d because of "the stunt he pulled wi:th the

was t~ng his threats!~eriously, : I" '

-On 07/30/2008, according to ~'K.riox County Jah cident report, during a shakedown of' Sheley' a cell, Officer Inman found co~aband in ISheley~SGell. Sheley became upset and cussed and yelled at the officer) but when threaten~d with consequen es, Sheley settled down.

-On 08/0112008, a notation in ! jru}hollse :log mdt,' ted that jail personnel intercepted a manila envelope with letters, lyrics, poems, arllcl artwork ~o a fe .. e inmate,

-On 08/0412008, and Sheley w~'S leaving to get a/, aircut, he gathered his legal papers to take . them alon.~ with him, Officer Inman t~ld S~eley he was ~,' t allowed to take his paperwork with him when gettrng a haircut. The officer i\'i~cated thai: Sheley, , . gan yelling at him that ~is legal papers went everywhere with him. Sheley did not dfdm: himself and W s locbd back down in his cell, He yelled

that h~s lawyers ~rould take care, of t:le'I~,ff~6er and tlli~ "~~Ilshit." ,.,

-On 08/19/2008,a notation III iilJt1l1hou.sc log mdtc, ted that Sheley was In Ius cell wlth another inmate. He reportedly told that inmatel;~'YoP know, what: 'puld be funny? If you went over and open, handed, smacked that old man upside,'I~~s head, Hit him S I: hard you make his ears bleed!"

-On 08/21/2098, according to ~ J<.nJox. County Jail:,' ici dent repoJ:.t} Sheley spo~e.ant Cordle, complaining that he should no~lbe locked ido:wn (f':. the 07/20/2008 attack on_. Officer Stewart Inman observed that Sl~eley became more gitated as he spoke. Sheley would briefly calm himself and then quickly becomel~ou-:l again, He ace .. sed Inman of "fucking with him and flexing his authority," Sheley would not Oalrn,!himaelf. }l);s offic,?'i' man attempted to escort him back to his. cell, Sheley started making threats and continue to do $0 ti til his cuffs were removed at his cell,

-On 09/23/2008, Sheley appar~tl·'~'SPok.e with th~ ssociated Press and Channel 8 news.

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F"NQX COUNTY J A!LcINQ.IDJ~Nr:, l.IDL22/2QQ:t: An ioci ',ent report by SergeantDawn Dennis

stated that on 10129/2008 at almost 5 P~fO'" she was servi~g supper trays, and placed three trays in the

chuckhole) then .. heard Mr. ~h ... el.e.y yell~g. a.bOll. t hi~ tray b,e~flg placed in the chuckhole With~U ... t a lid,

She brought him another tray and told ~hd:el thatithe othe~-hllnal:e who had placed the trayinthe ... dlqckhqle wasjust.trymg .to help out;~ptSheleyqontinu:i:: I. to yell "arid was aCting; extremely agitated,

so 1 advised the control room to isolate!lS.heley's celldoer" ~ d he could remain locked down for a

while, When Sheley was told that he o'~uld stay in his cell 'or a while, he became uncontrollably verbal and r Gould. hear him throwing his supp~r tray andtbourici~ I. it off of his cell walls." Among other things he yelled, "pop my door and I'll beat y~u:r: mother' fu~~kin'g ass," "you can suck my dick," 111'11 bust your head open, bitch. You won't be safe u~les.s,rm behi,i'ld b:, /' "I'm all talk, That's what they said until they got their heads bashed in," "I'm g~ing' to do more th" 'run my mother fucking mouth to this bitch, .

~ O:,;:~~~;;.,~~t '~d~:eI~::o~~;~~o::1:C~~:;:;h~~~:t~~!~~ ;~;:.es·:~~~;~.U;:::=~:~ going

wrote a brief memo stating that he had ~}verhe"ard $ome ofte threats 11,111'. Sheley had made to Sergeant Dennis, including something to the effJGt of "if rLn in the,'d!ay room the next time you come to the door, I'm going to kick your fucking bitch a.s~~ ~O\.l ha~ b~tter~~~ve another officer with you, bitch."

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~_~"-"i:L!j~~~~~~~!;~ Nicholas Sheley wrote letters. to his wife. nOI:OClI:l'(JU"::S of those letters can be found in the

love withyoualone," He indicated he Iovedner. In another portionof the .

for thinking of her, He stated that he il~lr",,,,I,';;"

disturbed because their life together the following day and was still up in not want to think about court, but

, appeared, to be a love letter to his wife.

He talked about how he missed her, ~""''''.'''W doing fine) and indicated a desire to see

her. He chatted about the good ,I ...... " .• ~I,J.u ... her that he was calm and had made

peace in his mind. regarding his meant .tll ircurnstances. """""",.,..,0<,.., an awareness of his attorney's participation in his capture. and indi

it to be over because J didn't want to . you

longer." There were no expressions regrets : the ,""y,,,",","'''',

~8J14j2008: ·1. . sen! a chatty

doing well and talking about the pro '

he had told his wife about her and that . was being away from his wife and references to his crime,

couldn't sleep due to a nervous feeling

she was going to be taken away that expressed concern 111at she would not

talking to her. He wished her well. the n!;';W8 that she got sentenced to 10

."U~HU'-1'" multiple page love letter to . He

contacting his sister by phone,

I her about how much he missed her, He ork out. He.reported he had 110 energy, .1etter was several pages long and talked in y", •. ~u",.~u ..... c -to her that he had been reading new laptop computer made especially for

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him in order to be able 1:0 view his was the first inmate to receive his

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m.~terials~ on CD~: He indicated that he. felt special in that he

computer] He disappointment at not having Internet

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his sister indicating that he needed herto else from, getting hold of the address. letter to_ The letter was

again expresses affection t,,_ saying his pra.yel's

Surmnary of letters: Sheley's letters how much he missed and loved to them. He did not make references to any help and he, did not complain thoughts.

were primarily focused on telling them to be any exceptional content in any of any regrets. He did not attempt to elicit tressed and did not display any bizarre

.:_~,,~",,1.,_, statement of non-confidentiality, I told

an open-ended question, and I asked "there were allegations that came whoever made the allegations." I then

me start with this," but then he interrupted

I

because he ~ad many oases in various

question, wanting me to be more been phrased in a way that did not

that information he discussed with me crimes, aDd }~(;) said that none of that had LUJ.1.L,-:".L" Compiled Statures "and I'm aware of

, what, and 11-1!i said "information from a

Mr, Sheley that I always started my J.U.L.""~",,n: .. <,1.A<UHlUI

hirn what had happened that led to forth regarding comes I supposedly '_'V,~~lJ.l,Ull-""'w., ","".'V.L,""UJ,'" asked him. to briet1y describe the aueaenons,

himself and asked me what specific counties. He also complained about specific in my questions. Because his

acknowledge any guilt an his part, I could not be used under illinois law to ' been explained to him. He stated that I Whj;lt is allowed and not allowed." I

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~tm"s exam can, b. used in various C? te~t.<i:" I ked ~: for at! ox amp., le".and t~en he got llP. from his chan, opened the door and asked all 0 ioer to, 1:ak!b hirnte IS cell to get information. He then put the

bl~nk note~?Ok that l~e ~ad out on the f~bl? ~ack ~nto td.$, :1, , cordion i~1c. rer~ took the fold~r, ~nd lef.t ,

with the officer for hIS cell, He retumec apopt 51" en '_ res later WIth, a copy of the lflinois Compiled

Statutes, He then,~ag~d through the s~~tutes:al'id .ead to h. mself from t~1e section entitled "Use of Statements Mad~ During Examination l~d; Treat, ent." 1; then read this sect jon out loud to me, and he appeared to accept the idea that stat ,mints he II ade to.: ne could not pe used to prove his guilt.

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M1S· SBEUIJ;:' S USlIN~Q_QF THE . I LE 'lA' ' I' ; I,i en asked 1vh~. Sheley to tell me about all

.the allegations against 'him, He stated ',at~'i!l: Wnl teside Cunty, he had a case pending from 2007 with Chat. 'ges of home: invasion, aggravated ~s~~a!ge I ~ fire: ~ tn, ~d posSe&, .. sion of a Wea;OfJ by a felon,

He stated there was a separate case in fhite*de l'ol,p1ty o i; a borne invasion and an armed robbery,

He stated. that there was a separate caselin ;wl}iCh The was,~ 'urged with multiple counts of first-degree murder and home invasion, At that poi~t, ~ noted th~!t he, d paused fo~ 15 Or 20 seconds, lowered his head and closed hi~ eyes" so I asked hi+ wra~ he as thin, ing or fee]i~g; at that moment He said "I'm thinking ~hat th,~,se,indictrnents from 1:CJ'1ox:cou~t regard!i' g the death of Ronald Randall are similar to the ones in Whiteside County, and. I wdht to rnalc6 sure I kep them separate. In Knox County, r WaR originally charged with four counts, OT1~ cqunt of ,I irst-de :L, eemurder, o~e being vehicular hijacking, one being theft," and he mentioned anothe~l~.h~g~ ttl I'did ~ ," write down fnd do not remember. He

went on to say that "Those charges we e d011e aw y with.. , d a grand ju:ry was convened and they

gave me ten counts of first-degree roUt' er ~d so, e ,othe1;' vehicle hljaC,king; possession of a stolen

vehicle and some others." , ;,

2175444438

@ J~'2,g/082

I asked him then to focus just on the' "il()x:C~unt case.m.~ to describe ~]J the allegations. He said "I , am alleged to have caused the death of ' onald A. Randall :," I asked how, and he said "according to

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the: autopsy, it was determined the death was by blunt fore > trauma to thi1 head." 1 asked him to give

details. of the allegations, step-by-step, ±ho~e~t Ib rnornea _ and 'day by dj:!.Y. He then criticized this question because I h~d used the phrase trda~'~y d :~and} ,ask'edhow it cou)'d~7 ··day byd~yH . " when it was only one: alleged murder __ ~,aCll:n~Wl_!;?_ ged t~t!: 'my useof th9 phrase dayby day was probably solriew1iat xmsleading, and I, : ol~gized 0 him ~', that, then asked rum to describe step-bystep what he is alleged to have done re ardling 1\fr' Randal .He.stated that several witneeses had made statements regarding places I\1r, Shele~ :was B~PP Bod to 1~ ,'Ve appeared ih Knox County, such as a

gas station. ~ 'They believe I was in Kil~:X- County I short til e, arrived in ,a truck owned by a company in Rock Island, that I got: gas. They b~ili~v~ that I vent to ':' .car wash and: they claim that :r. stole Ron~d Randall's truck and wallet, and I left :g_boxic~unt shordy fter, and they allege M was murdered and that his body was dumped behind a tra J receptac .at th¥:' , yVee grocery store," Lsaid "and they' allege that you did all these things?" '_ respond 'Itbat.'~ what I believe I'm charged with."

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I asked if any of the above allegations, ' asked why, and he said "because I ' answer your question." 1 responded

that he did not want to answer the q~'"'1:4Ui~, that he was not willing to say that he acknowledge to questiorr no matter h I

the crimes and did not want anyone me was clear and finn, but not hostile ','

\

you sidetracked T He then pulled photographs, and he brought them to explaining what each photograph was" thought Was significant:

-He showed roe photographs

that I could see there was another side

-£I photograph of his son

-a photograph of his oldest

-a photograph of his sister' S Wejludilng

-ft photograph of Mr. Sheley

without a shirt with several tattoos =photographs of Mr. Sheley I =photographs of his children in I

photographs show that his children ' I'

-photographs of Mr. Sheley's small model of a roof that Mr, Sheley . I

. (who was also a firefighter) could Y."'iUI;J~I!"

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fer saviIls ./Spuls.

-aphotographofMr; 'Sheley

injury, and Mr. Sheley stated "ob ~a photograph of an autorno Cadillac in which Mr. Sheley had been' windshield. with his head.

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When NIr, Sheley finished showing me

photographs was supposed to affect . Iii,,,, '''pO''''UJ.I;oL~L my intent It was just to give you me as. I had a job, a wife, kids" fri personal understanding," I told him

sometimes commit terrible crimes,

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d "I won't acknowledge the question." I

,.,..,nlII·UJny; and he: said "because I don 't want to "'W'U'~'I~.u by saying that I had picked up on the fact .l,,"U)<',U';;I" appropriately. I then asked him if he meant Gornm'J)lt the. crimes, and he said he was not willing to not willing to say that he did or did not do

I own views of the crimes, His response to

. point in the interview, he said "can I get a stack of approximately ~O to 40 went througn them, one by one,

'-lllliVL~IL.u. ....... ~.~~~1i"""'.'b additional: comments to indicate what he

2008 and, explained that this was so

~~_"" media badbeen showing.

which also showed Mr. Sheley

toys) and J1e pointed out to me that the

church, including one in which there was a hi.~ pastor'srequest so that the pastor . a house to save a person at; a metaphor

.. ina hospit~ bedafterJoshua'shead .

I;OflCeJ:11 and support.'

damaged, and stated that this was a .l~'''''''''''.,",\-I unconscious after hitting the

I asl.;;ed him how my viewing of these

to stand trial. He stated "that was not I'm human. fro. not the animal they portray I was well respected, It's more of a' who seemed pretty normal can

a great deal qf experience in fcrensic

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interviews, including death penalty C~ :~s. :I exph 'ned tha 'there was a great deal of evidence implicating

Mr. Sheley in a series of pretty awful, ti s, and that my ,ole was to unkier$tMld how MI'. Sheley

would deal with that evidence in cOUl.·{i i ':, " '

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'counsel, but he said he could not do s' 'Jas:ast as : e eouf' anted because the court wanted an attorney appoin ted because of the seri)s ~s~ of he Cr11l1 '.

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He st,ated ~at :vhen the State's Attorn:,;;' d.1,d.ared:tllat th1~: were seeking die death penalty, it became Mr, Sheley s right to have: a second att;rn y. and Mr. Kar ,n was appointed, He stated that he then had a chance to meet with Mr. Karlin.A:{e said h 'had m~:wjth his firstattorney, Mr. Barrell and had told NIt. Harrell that he did not want :~: .. 1 arrell p do alii. ring all Mr. Sheley's behalf without first all owing Mr. Sheley to approve this, Ie s late.d tI at Mr. ~ arrell then went behind Mr. Sheley's back and filed motions that Mr. Sheley had' bId IMr. H . rrell not 'to file. Be said he had evidence showing

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~lat a sergean~ was present with 1\1r, Si,'dell,and !to Han"f.1 when Mr. Sre1ey told~. Han-ell not.to

fIle th.ese motions: He ~tated that the~ )~n~:~(!ln8 c uld pr~.If'J~t Mr. She19 .. Y from .havmg a spe~dy trial, He said he had told the Judge about hl~,de ~re for speedy rma1, and he tpld the Judge. about his dissatisfaction with Mr. Harrell's hlind ing;of his ase ... ' . stated that h~ had told the judge he was not looking for sympathy. He said he file :;~ 116tion i' d1cati~i: ': that he saw ~ conflict of interest. He stated his belief that the attorneys wore using, ~10 ~itness exam f~ the purpose <;If delaying a speedy trial. He said the judge accepted his motion bu.(· e '·ttome· s asked: he judge to seal the motion, and he

rep.e~tted that he thought it was the def ,~iser!attor:n ys' intel, .tr to delay his s. peedy trial because they are

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I asked him why he wanted a speedy t . ~l, I d he 'aid "b 1 . use it is my ~~ght. It's not my desire to prolong. the cas~, even though the at:o ::;ey~ thiri.k,. rey caJ:~ l.'e$en~ a be:rr:r case if they had ~ore time." I asked rf he believed he was more hke, Y 0foleSS 11. ely to 9. convicted If;he had It speedy trial, and he said "I believe that if the state has as . ·'1 ch eviden ',e as th~" say, the outcome will be no different whether I have a speedy trial or a long,:~ra I n.out ~rocessl"s far- as gui1tyor not guilty. If the state had more time, the state hU3 more time to p ~epte 1;). ca e in fat r of getting rq.e death penalty." I asked if he thought he was more likely or less likel'! t9! be se ~e.nced~·: death with a speedy trial, and after a pause, he said "for one, I feel that would depe ,d ~1 the . esentari 11. Other than that, neither." I asked if he thought he would be able to get a pri:va·¥ a, omey and he ~. d he did think it was a possibility, then said

"the fact r]1.~tI bav~ a gag or~er prevenJ.:t n:: fr91TI ~ontact~.g ofher~t1;pI11~'ys. ,:couldn'Lcon:ince , .'

_ ..... rul()~her attor:r_l,~Y.W.lthOJlt-OlycU1"rentattl <9ysbeix gpres , . .atthedisco~slOn;·andheexplaJ.ned that he

would have to discuss strategy with a. ~v~~ atto ney and' oes not want:his current attorneys to know his strategy. I asked, if he were found 1?m~~:lent :0 act pxf. se. and his ac10tneys were fired. would he WOU.ld then hire a private attorney. He~:}at!.,d "tha borls d .. n 1:0 my defl?" .. nse strategy." r asked him if he act'-!-ally wanted to get the death pen:; ty iand h .said ,t on't acknowledge that question. If I were

wanting to be, dead, I would've chosen: I a h by P iliae," e\:~llaining that when he was arrested. there were numerous rifles pointed at him flJ~ff h~ could ave gctt~en the police ito shoot him but did not, r asked if he would be able to afford a P1jI.'vati atton Y and 1 • said yes. r asked how he could do thar,

and he did not answer that question, : : I . .:,

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Mr. Sheley then asked me if X had eve I'!l?e~n hire! by def~ I se counsel iri the case and foundthe de~e::nd;nt ,unfit, a~d l tol~ him that r 1<· d~ne I:h' 8 many ~±'; nes. He ta.I:ked about th~ possibility that' defendants :oUld ~,uce b~mg mentally 1, ~d he aave s,e'1 pU examples, such as saying that if be told me he was hearing VOIces, 1 would have t ,ithi:til.k he ,as schiz' phrenic. We had a long discussion about , that, ~nd ! exp]aine~ that, While it is p' :~,Si~le: to f , co ~nenlt : 1 illness, it is, very difficult, and that forensic psychiatrists look a~ other infolmation!~es~des wr:at the q 'elJ.dant says, Iooking for evidence that supports or contradicts the psychiatrist $ observa lons fro ' the forensic ,interview,

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He stated his view that he assumes the':Sta~e's AtJo;rpey ~ I ttl Mr. Sheley to be found fit, and I stated . that I thought this was a reasonable as '~m~tion. j'e statel .his view thateveryone involved in the case has their own agenda. For example, h :lstated' tha i the St.clth' s.Attorney wants to be re-elected and that ~etting a death pen~ty in this case mi ,; t ~*lp,the !State' s i.. ;ttorney. get f9-elected. fIe said the de,fense attorneys may benefit because they get' ru~ and t ie nOlo*,ty of this case may also help the Public Defenders get more business. He then:~ddfd that!he wan:'!d to make it clear that he does not assume that the attorneys are not good attorne ". ~eyer:al times d' I 'ng the first interview, Mr. Sheley spontaneously stated that he is not ace :'~int liis a iomeys ,. f being incompetent or unethical, but just saying that their best interest is not the : ".an-ie as hi' best i I rest. Be talked for a while about the Death

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Pe~lalty Trial AS8is:ance gT?UP, and ho :';; t1tt:,g:r;'() . had cit) I e about in rt1spon.se to people having been

wrongly executed tor a vanety of real> ~B., ,:Re sta .e.d that ~ e thought that family members of wrongly executed defendants m~ght have sued t ~e state an ' so the slate now has ~1e Death Penalty Trial Assistance group so thar there will be ,:. a4~q.uat i defens~~. ror death penalty defendants. He then ai!tke~ rhetorically, "but who pays thes 'pe~ple7 !he stat~!'1 I don' t tru~t t;he state because 0;' what I've seen In my cases and other people's ca es, [That 6esn't . an I'm against the government. He then explained how he believes that people ',I general 'ill do f I at serves them, allowing their own self ' interest to influence their decisions, HI 'i g.t'~e em e I ample I! . 'stating "if t~e State's Attorney wants the death penalty, they present him as a 10' ::'~if~ piece I f scud; ~ but if the State's Attorney wanted to use that defendant later to help convict $0 ::~o* else} fbey w I, ;ld present the! ease differently in order to

keep that defendant alive .. He then add ,Id "Ie kno 'we are: 'etter off in America than in other places, I

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Mr. Sheley then reached into his acc01.': ionlfolder and pull ~d out a stack 9f court decisions related to fitness to stand trial} including Dusky; 'hdi~a ve I us Ed 'r' '. ds, Godinez,' and Illinois versus Allen. He quoted from one of the court decisions :' 'bo~nhe ',istory ~ !ctiminal defense arid how England had conducted their courts in the 1600s an '117~O~ an how th~jCOIOnistS. brough; to America a distrust of . lawyers, He. referred to the Faretta VeT :us .aUfa ia Cager, hich he stater l~ad been talked about in ' court. He complained that Mr. Karlin, ,IOU' d not l'tovide ~ 1 NIt, Sheley copies of these court cases,

and quoted Mr. Karlin as saying that . Sleley c uld get ese after my.examination of Mr, Sheley. ,

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He stated that at a case management co,', fe*:t1ce, i had ber I discussed whether Mr. Sheley could

intelligently waive counsel, and the TU ,'e tbld the atrorne - . to draft questions to determine Mr. Sheley's fitness. J\.1r. Sheley said he had be~ll; u : r,ette9RUS l~e wa~ll ot given a cl~ance to review these questions prior to the examination, bu< e id :ack I owled~ I that having these questions ahead of time

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could possibly alter how he handled my e arnina :~on of r'1 ',: 1.. He then spontaneously acknowledged that.

h~ knew he could n~t defend hiI1:1self a~ w )1 as rr. ~ar.l~ ~ and l\1r. HalT(;;~l could defend him, and that i~ might even be to Mr. Sheley's disadvsntaze to d fend hi 'elf, but he stated that he should have the

right to make that choice. He stated t11~t hs attar I eys ~d:have. the advm.~age of having laptop

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computers and access to the Internet durin the tr It'll, and:' e wondered whether he would have access

to these if he was allowed to defend himse f pro~. :i, Ii :

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I quoted to Mr. Sheley ft',om M13" ThoIT1PSO l'S sur mary aA~ut the 09/11/~P08 court hearing at which,

, M1'. Sheloy rea~ a statement to the cou~ e ~reslilil :Ig a des~rrf~, for B! speedy Tal ~d reiterating his concerns that hIS attorneys were not acting pl ace rdance'ji'lY1th Mr. Sheley's wishes, I asked Mr, Sheley to tell me more about what he said ] t that I, earing K'ibecause at the ~irs~ interview, I had Ms. 'Thompson's summary but Y did n~t have a ~oPjYthe fu~llltranSCriPt whiqh I intended to read later), Mr. Sheley stated that he had rea~ stateme ts in ~ , ~rt on fro occasions apd he v:ant~d to answer carefully so as r~ not .answer me mcorr~ctl by xing up.i-~b.e two statements, He said that, h,e asked a . ~l~r.nber of questions in court) such as whe; rer b..islfattonn.ey~ ,:",o1.11d be. al1~wed to make deeI,Slons without regard to what Mr. Sheley wants, hethel' he hadlli!. right to hilS discovery, and whether the

attorneys would use the fitness evaluation 0 dela ' his tri~~ , '; ,

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Mr.' Sheley spontaneously 'stated that th~ d fer~se1nitig~tor~ Kendra Mos~s, and asked him how he would feel if ~1e court appointed different ittorne :s. He'~~rted t~at, one O,l,f his.concerns (Le",th, e fact that they are hired by the state) would ap:pl~ to an, attorney appointed bylthe.court, but he said he

would.,not h:.ve with u:w attOlTI~YS the: ~Mle issu I: that hehrad with Mr. !farrell regardin~ h~w :MI. Barrell had filed a monon over Mr. Shetey S obje 'ti0111 a~~ would not have the same objections that he had with Mr, Karlin. He stated that his previous' 'tomeY'~F the Whi~esi~e County case, James Mert~is, had ac.tually played a role in,Mr. Sheley:'s apt~e I, ~~ ~h111-lV1r, Mertis hfd overcharped Mr. Sh~ley m

a previous case, He then pointed out that , Me lIS 18 th I'person who had suggested Mr. Karlin as

the second attorney in the current caset . ' '"

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nJMlSCBLLANEQl.TfuAUheend.ofthe:fir·ijnteie~. L~te~ l~. S_l1€!lp lfthere,'li'as anything else he

- -warrted to add. Hesaidthar be+iadcouce 'sabo phis e ¥xunatwo because I had been-requestedby .

the court to evaluate him, but I was han? w .·ring ~tes.ra~i~r than audio/recording the interview and he would h~1Y~ no wa~ of knowing what r :wro 'e in m notes ::~rd whether I EOUId, quote him accurately, He talked for ~ w~111e a.bout related iSS1~~S a d-thei] sppnt~~FoUS1Y added: :who IS to say that ~y reque~t for a speedy tnal isu't just patt of my strate y? I :, ow WEl~t my strategy IS, but 1 have not disclosed u to anycne.i... r don't necessarily want ""0 resent fayself; I~u, I wont my,: case handled the way I want."

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.SECQ~ INTJL. VIEW WITH MR~ S LEY ~ WheIjl~" ~heley aflved in the interview room) I had a video camera set up and ready to;go, Jut it :as not 1ecordillg. Mrr Sheley stated that he wanted to discuss tl:e videotaping, ~l1:i said he qbj cted tithe vi.(~~~tapifl.g~ but ~ had. him fi~st go through the . sta.telben~ ot n~n~c(mfldentiahty before: we , iscus ~d anyr;hFg else. Arter he explained the statement of non-confidentiality to me, we then discuss d the ,doot~l+l!g. I explainr::d that I had asked the court

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about being able to 'Videotape the seco~d i tervie~ becaJse of Mr, Sheley's comments at the first interview regarding the fact that I was ;mot ideotaping ,th~ dnterview and his concern about how accurately he would be quoted. He ask:ed ie if I !bad spoken with the attorneys and the judge: regarding this, and I described to him, the quenoe of evJnts, including my first contacting both attorneys, then contacting the judge, than laving be te1e~4one~ conference on 11/13/2008. I explained that my telephone call to Judge SteW!lL"t on,Wedntsday al1d the phone conference on Thursday were ' both transcribed by a court reporter, but th t the Hhone cells to the attorneys on Wednesday were not transcribed, 111r. ~hele'y Olen said "m?fqUi~( brainstorm fu:om this scenario, from what I know...." and he stopped himself, thought for a lJJo]~~nt . ct. th~n said '~ou know my distrust of t,he system, The information I said about you about hand-wh tten ·dotes and no way for me to verify it) my intent was more audio than visual. The fact that jrou poke o/itb the Attorney General and my attorneys before having this on the phone conference onthl"recor~? for all 1 know, this was part of their strategy to get me to discuss my strategy, I don't know W lose iqoa it w~f';.'" I t61d him again that it was my idea? and he said "that's what you say. I'm not ~ayiI g that you're lying, but you know I don't trust the system, ' You told .me last week that you would not aeed ari.other'iAierview," (W~at he said was accurate. At il~e end of the first interview, I had tol~,hh . that Ijdid not !think I would need a second interview with him, or that if I did. it would just be brief t . fill in[ a few details, It wasn't until two days after the first interview that I had the idea about get~l/l.g' court ~rder th~t would allow Mr. SheI~y some level of

comfort in talking to me off the: .recard~~ .' \, [ . .

Mr. Sheley then went on to say that th~ cal'· orde~ (sayink,chat I would not be able to take handwritten notes or reveal any information) did ndt' m an arl~thing:tol h,im, He then told along story about another inmate who apparently has a court order sa '·ng hei is not tb'be interrogated, and yet this other inmate was taken away and interrogated again~ . ", Shel~y then ~ai~ that l1~Y telling him th~t what he said to, me. off the record would not be revealed di not ~r:an an)'ithmg to him because he did not know me well. He said if he had known me for man ,yearsJ he ID;ig~1:t be able to trust what I said. He then said there was anomer problem with the wordin " of the court order', quoting "Dr, Killian shan be permitted,'

. and he. asked me what my definition of;-'sh 111 is.j.He looked up the word "shall'I in his pocket dictionary, and he thought .about it for a)itt, e while but did not really make clear what his concern was

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... regardi.l1g theuse of this .word.orthat pbras .Mr.·1SbeleYJ~a~Dsa:l~:~~_~l?~t~~~~.0terestiIigthat_the .

- -prosecutor had-madetheclal"mYnarI w9.ula,beha~~ng my bp:inion on the ,off the record discussion (I had mentioned Mr. Atterberry' B objection nring 4he te]e~hOne conference on Thursday) ".

At that point, I told Mr. Sheley said he ~01:18 '~01~bl~iUg ,tllJ two issues of the videotaping and the off the '

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record discussion, and I thought we should" irst address tHe videotaping issue and then move on to

discussing whether he would talk off the re ord, He said 1'I absolutely object ~OO%for videotaping any discussion regarding the fitness exam or. qlL 'sti01'lJ you mdy'have.t• I asked why, and he said. "because I

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wasn't part of the discussion." , , \, I,

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Regarding the off the record. discussion, h ·i' told:nile trlalt ~~; did not belieye there was any place in the jail th.~t he. could talk wh~re he could ~e c~~ai' that 1~0 :V0~lf .not be overheard, and s~ he o?jected to any oft tb.e record discussion. I asked if helha .other objections to the off the record. discussion, and he

said "because YOl). initiated it." I expl~ne ito hir.rll that ~it Iwas Mr. Sheley who had asked about having

an off the record discussion during thel·fits . inter"1~ew, l{y'then said "my whole p~int is this- w~Y are , people so determined to find out my tqal s I ategyi? X ilie~tcly made it clear that my strategy is 110t based

on thinking that aliens are, coming to gbt e.'! (I had quoled to Mr. Sheley from the telephone .

. conference call where one of the attorneys ad Pataphras~d what I said ~Y saying something to the effect that by having the off the .recor~l ?is u.ssioTI?, I just ~~aTlt~d to makejcertain tha~ Mr, Shele~' s strategy was 'not based on delusionalideas [such is that a1¥e:ns were COlT11!ng to get 111m.)

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Atthat point in the interview, Mr. Sheley' :!speec~ got ~o~det and a litChi. faster and he said he was

getting very 'frustrated. He, went On at len 'h talk~~ng m.general terms' about strategy, including that he definitely has a strategy, but that he is asva e that his stiat~)gy might change depending on events that might happen, He said he could give ~e a lengthY, list bf!differMt 't~al srrategies. lie then said :'let's say another attorney files an appearance and I "scuss IlUY strallegy. It might ?hange. If the speedy trial

thing happens, certain things need to t~ce ~ace,' if 1 wan~d to call witnesses, I would have to disclosewitnesses, maybe make motions. If He then ,described nurnerous other ta~ks he would have to perform,

all of which sounded reasonable to me! i H 'ist~t~:d;lin a fin~' voice "you can't have a dead-set strategy because the state might do something ~at ould 4hange tour strategy. y o~· have to t~ke it as it comes

. and do the best y~.)U can. I don't understan I why ~Ihave:to give :my sugg~stlOns regarding my strategy ifI'm acknowledging that I don't have.so e Qff~G'le~walllstrategy. I hav~ already acknowledged that I have a major disadvantage if I fire myatto I eys, Who'~ t6 say I won't g~t another attorney?" He later added that he understood that attoDley~!go ' schctbl fo~ a hong time, and ~at he has not had any of the

training that an attorney would have. i) I: I' ,1'" .

I explained that, in a case as serious as I'his) ( Wa11t~d to ~e!a; certain as I ~ould be. I told him that I

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believed I had enough information to fbirrn n opi~ion,' bu~ 'that if I could: be more certain by convincing

. m~seIftha.:~he~cinothav~a de~usiop41~Pl' ~l_jnml[)d) tl~ai~,,'tili~ would bei;eve~~ett~r .. He thenmacle,the

-----p0UrHhat··1Hdldtalk to-yeu-offthe-reecr ';-It would undermineeverything LYe:: satdabQlIJ_I1PttruStl.D.g t~~e system and not trusting you." I thefl s ;led ~~ aSkf:4tn a very lighthearted fashion how he could not trust me; and he smiled apprnpriately illre$po~se to, that. He then talked on various subjects related to trial strategy, and the discUSs~?n . ent ba:ck ~d (nrth for a white, and got rather off~topi~, I . suggested we mo,:,e on and address thell!i~t ; f qu.eJtions:1 ll~~d brought to ;the interview, but he said "let me s,ay apoth~r thing." H(:) then told me! ab iut meeting ~i.fh lViI'. Karlin qn Tuesday) and he quoted Mr. KarIm as saying that Mr~ Sheley neede~i to ,jsC(lS~, withtt~ attorneys whFt had happened and said that they, needed to stop playing this game. :Mr. ~hel.e~ told mr that he believes it is Mr. Karlin who is . playing a game, He then said very ~rnp~1ati . ally t~:at Mr. KuHn will not :be his attorney whether or not Mr. She.ley is found fit to stand trial. He th 'n said forcefulny "I'm the one in control ofthat!" He then said that Mr. Karlin is delaying the inetlta ,'e end lof his i*volvement wi~,)\,.fr. Sheley's case, and said that no matter what. happens, Mr. Karli~ v,.:i:1 not ~~t c00~fration from 1f' Sheley, Mr. Sheley men

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said It he reads people's body l~'il1gua~} whe~1 M.r.:Krl'rlin came in tosee him the previous 'Tuesday ,

evening, Mr. Karlin was cheerful but ~he Mr. ~heleytold him that he would not discuss any issues with him, Mr. Karlin's body languagelch .' ged, 1ith hirrLslumping down somewhat, and Mr. Sheley describe this in a mocking fashion, sa~Jng it was like a wlr.man might react.

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XVII'. S,hele.y then S~d they also foun~ it ~ :: ytha~IM::r, ~qrlil1 was l:el'e the, previous Tuesday evening, and 1 uesday evening also was the mglat th . t I hadJ the ltie,b,about videotaping and the off the record , discussion. He then said "for all I kno~, i,~s a s~htegy: y+u guys carne np with to get information from m~:', r-~e then looked over at my Yide~' f . : el'~? ',hich :vt'i still s~ttil1g on a tripod ~rtd aimed tow~d .Mr. Sheley, but was turned off. He sa.ot~ h :!doe.s ~~ot lenoy, anything about that particular type of video . camera and did know that I wasn't actiliallirecon1Kng, I reassured him it was off, and we continued talking for at least another ten minutesi ~ef \-e I fiilially pa¢Iced the camera up and put it away, He went on talking about various' issues. I cOl1Jflle ed tha~ he t:~J.lJed ~ great deal, and 1 said that r could stay ~ll day and listen to him and could even st~y "vemig~t and i±\~erview him the next day, but that I did not see much purpose in thia He then ma?p a ,:ok.e b~ saYingl~ha.t we could t~ll the Court that it was , necessary that I meet with him every dal1 f rr a wh~le weeOCc'r and when r got paid, I could share the

profit with him, and he laughed appro~li.at )y at ]~s JOKe. . . ,

At some point during this diu:ussion,~, ihCICY ~do:n b;"nment d,.t I thought was smart. and I ,aid to him that this comment was wise, He!re OIid~3~ by s~ying "he who knows and knows that he knows is wise; follow him." r told him that I,~bm bereld mer:nd,gzing that poem wh~n 1 was in eighth gracie, and he quoted more of i1., quoting it pretty "ccuI'at~l'y. He told me that he, does know some poetry and

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has even written some poetry. l';:!1 '

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Picking up on a comment Mr. Sheley 1-i~d 1,: ade ~~::Ilrlier~ 'I .sked him to list all of the possible strategies

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he could employ after his att,omeys we,t~ ta ,: en of~lthe cas ',;~' and he said "before I do, let me allow you

to acknowledge something." Be then ~qlcl 'story I~bout aE'ifI1other inmate who believes that his

attorneys will do what this inmate want.~ d ne, a:n# this 'in , ate told his attorney about l'\ ~ourt motion the, .' inmate wanted filed, including revealing in!onn~~tlpn abo t that mmates.defense strategy. Mr. Sheley

_ P9~1:lt_~~q._2H:t_.h,?~_!_j:tnl~§tl:l;t~·_s_Art9ID~Y:.~: : __ :Wt'J_~rJhaO~mate~s strategy, it helps, the State' sAttorney - pr.epare for that. Mr, Sheley then ma~'~n .. alo~~ to his bwn case, saying "so you want me t? tell the S:ute' ~ Attorney what. my strategy coul~ b ,: so th9~ COUldl prepare for tI:a~." I told. hin: I understood _

hIS point, and I told him I assume he wRul !not~st me t<1~ not share this Inforruaticn If I agreed not to give details, and after a brief pause) he Isaid "no, nbt Teaa~.')

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I asked if I could videotape him dOing"b~e : ing, ¥at b6iJg having him list all of the allegations, charges and. evidence as a way of demonstr~tin~i.on )vddeot~pe that! he really had a; good grasp on all of this

. Information, and he said "absolutely naq." : told Htm I ~sBumed that this was again because he was not part of,the discussion about the videO:~~in :earliefJ in t~c reek. and, he ~::rid <'tl~a[ls one of them." I asked for h1S other reasons, and he Sal~ tha 'he thought It would be in l"!1sbest interest to keep that to himself. I asked him to quote from thelKn x Cou\rty biill rf indictment, and he told me there were 17

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counts, with the first ten being first~debe :murder, but h 'did not want to bother describing the other counts because If he is found guilty or} an ':of the bUl'der\coullts, he could receive life in prison or the death penalty and so the other chargesl~re' ot vert iillPo11mt. He pointed out correctly that whether

he lalO:,s tile oth~r s~yen charges exa4~ly j.; im:1eram.: I 3:8k~d if l:e would Ii,st f~r me all of the "

allegations In Whiteside County, but h't:f sa: id "we' re tJ(J~ clealmg with my Whiteside County case at thi~ point," and he refuse. d to discuss anyt~j~g 'egardl"jlS I:h~t ~f;'l'Be,

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~s a ~ay of testing h~s memoty, ~ aSk4~ hi ': :to.1'efeat to Fe" the explan~tion r had giv~n him at m,e t1:-st mterview ~bout the difference ?etwee~!a p ~chHltrc ev,~Jpatl~l1 and ~ne;uropsychol~glcal ~va1uatlon~ and he hesitated before answering the ,gJUe ion, a:qd unally said he did not want to give an maccurate account of what I had said. After quitJ ia b ,: of bah: and ~'6rth on that, he finally did give a reasonable explanation of the diff~rence,. I asked ~m :'0 repeat whiatjwe l~ad drscussed at the .11m' interview about the legal standard for fitness to stand. tf~al lersus ~11'leS~ tID warve couns~. J versus fitness to proceed pro se, and he said that there was ~ lesser sit,an, d for/fitness ~o stand trial than for fitness to waive counsel or to act pro se, r said that this was no~lac urate l~ thatijtlwas only the standard for acting pro $1;) that was higher, He said he did recall that cllsc "ssian and said "1 guess r gota little ahead of myself:'

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I then asked him. to discuss the: United ~tat "s Supr me Cqurt cases he nac mentioned last week and tell

me what ,he 're:nembered .of ~h~se case{; H, initia~lY cI3j~aed that this-was n~t reIe:ant. but for one of the few times ;1;D the two mterviews, I direc' y cOP1xonted ¥r. Sheley about him be.mg wrong about something, telling him that I was surp4'~ed that he did noJ see the relevance beoause I thought those case~ were ab$~luteJy I'ele~'al1t ,to his c~~~. .;s,peda ly IndiJi~a :e.rslls Edwards, which wa.s right ~n target for hIS case. I inadvertently said somethin :maccurate by!saymg that he. had filed a motion asking to act pro se, He quickly corrected me 011 th* $' ,'ing thhtbis,motion did not request acting pro se, 1 acknowledged that he was con-oct on t~ht ,im, bJt I did ~int out that the issue the court is going to

be loo~ing ~t is whether he keeps his c,+~ :'t a:ttor~~ys or ~.ct pro se) becau~e my reading of the c0c:rt transcripts was that the court was not read :to appoint dthfl, auorneys for him. He talked for a while

~n th~~ issue, and spontane?us;ly mad,e :t~e :oirtt thrt ,trl(;;' c~rt can revoke his right to act pro se at any

time It Mr. Sheley's behavior m court ~s n appropriate. . '

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hhen-statedto~l\1r, Sheley '~,YOu'dQ~'! tMce ,: ei~g'1rong;,dk'y~U?I' He st;ated-pr~tty -emphaticallJ,,~'I don't, in any way," We dlscm~sed this,~_bi turthe~~ an~r+agt'!in a~kr}o~ledged tf,lat he does not want to be wrong, and that part of his Teaso~ for , at answering fU,Y questions about Indiana versus Edwards

was that he did not want to answer inco/:re , Y, : J: .

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I asked Mr. Sheley if he thought he woUd ': able to mruI' tain a calm demeanor in court if he was

confronted by prosecutors or frust:ra.te~I:~Y ,:,lej~dj:e, and l~e said "can I?: Yes, Will I?, ~at's ~ebatable, It d~pi;:nds 011 how, far the ]U1ge tS willi ,g 'to: 0~lOw son~eone ~o push an l~di ~lduaL~' I a~~ed :I~~1~ thought hIS temper >y'as ,lIkely to bA a ,t:Jblle m cO,ur' and after th~rJ1~ng fOT a while, he slli~'m a disruptive manner, no.. Would. someon~ be; able to .see visaally that I'm irritated? Yes." I asked if he

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was concerned t11<T!.t his temper might Jbt . ~ e bette of hin "in court, and he said "1 won't rule it out as a ; possibility) and that's just being compahte' hone t." ,

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At the end of the intervi ew, 1 asked if hmr ' .was ythhig else he wanted to discuss, and. he made

several comments mid asked several qBelS jbns: : ':, '

'. ~H:e as Iced w~at w~uld happenfMt ~ I tum din ,m, r, report, and I told nim that 'an the attorneys

would likely get copres of It and that t~~re, auld e a hearing, ,

-He mentioned that he could h~ve jUZ1j' 'ill 011 .ti!litness rather than a bench trial

-He asksd if fitness to stand tti~' ,"fd fitn ss to :a~; .pro Be would be done in one hearing or two

hearings, ~nd I told it ~asmy underst~1dh:k th,~t here ,W11 bJ.d be two separate hem_1ngs,

-He askeri me If any of the attqme j' or Ju ge ~te~vart has suggested questions for me to ask

Mi', Shdey, and I told him no, ,j:l ~ I I .

-He mentioned that Judge StB'r1 rt ad sal that l~. Sheley should be present at all hearings and case conferences, and he asked WhJ' n l 'one s gger>tea:that he should be present for a phone

conference on l1!l3/2008. 1. t :' ,

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SECT! (I TRJ[Q I;lJS'fORX

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';PAST PSYCH1AUU.C'..R!STORX: i ! ~

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PROM INTERVIEW WITH MI{. SHEW: Mr. Sheley "hied any previous history of psychiatric

treatment. He told me be had never se~r a ~t;iychi trist;: h d never been hospitalized for emotional ,problems, and never taken any type of RSY' iatric 1edipahons. He told me he has never sought any type of mental health treatment becaUS~he,: ever t 10ughtlhe: needed to do SO" He said th~ only thing he has had was a our evaluation. He did~ itto h ,ving !h~d some so-stained periods of being somewhat depressed, prfmarily when he was in se$re I ti011 £ r lOI~g~eriods of time and therefore not allowed to have any contact visits with his childr~L .:<e; den} d th~t ¢~en those periods of depression were severe

enough ~o be of any real significance, I:. I : I :,'. .

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FROM o:niBR RECORDS:.InwhaLseerr edtc.b . a~MeJ~~rdCorrectionalCente1"mentalhea1th note,

a psychologist performed. "brief rapid P'rl,yC I,ologic -1 scre~)ping without benefit of any corroborative data" on 08!3112000. Tbis eJo;aminati~~ re bal:d t at ~jchola~ Sheley was ~le~ and orien:ed on three spheres. His mood appeared appropndtF' d his a -teet,wk within normal limits. He dented any .

suicidal ideation., There was 110 evidot;\11e J 1l12jOl dePt.e$~~on. The presence or history of ,

hallucinations or psychiatric treatment ~'er!1 denie . 'Be aPfnitted to a history of substance abuse, He denied having been a victim 01' sexual assn It and enied ~ing a sexual predator of adult males. Though he appeared to meet the "TIP p~~ch,llogic,l criteri /' Sheley apparently denied the need for

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completed 0!:!O/03!2000. Only th~ fi*t ,rge of ,tl1ar r~p :~ w~s providfd in the source documents (page 2970), Ihe name of the examm~~ w p not listed 0:0 ,~hat first page of the report. Most of that information is summarized in the "Soclal, ! . story" sec~l on'of this report, The mental status examination information Q1~ d~a~ page i~dicated that ISh 1. ey was exp:er~endng 110 sI'e~;p .wfficulti~S and ,,:,as e~ting three meals daily, He denied any prl;lvi?ltS Ijrnental hea1~ Fontact. He denied any history of auditory or visual hallucinations. He denied havirl.g ht (J. any head ~njuries that might have impacted his. cognitive

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MediCal progress notes from the Viemia 0 'rrectional ciefllt~r seemed to indicate that Nicholas Sheley had a psychiatric hospitalization or pla~er lint during a:pdrtion of his incarceration, There were minimal ~~YChiatric progress notes in the sourc~ldo'lluraent,s fro~ ~~a~nee Correctional Facility in April of, 2001, In a note dated 04/02/2001, socialv rker K. Te!'01 indicated that iShe1ey had not been sleeping

si~ce recei.ving ,div~rce papers 'in Max-eM 0 'I~OOI .. He r~p0~tedIY h~d ~eeF having nightmares ab.out his, wife stabb,mg hirn rn tho' arm. This ap~fe 'Irly had been ~1 ~ctuaI mpldep.t that had taken place m January or 2000, Ms. Terry also reported 1 atSheley exh ~!ted no acuteeymptoms of psychopathologyand had no suicidal idba: bu. He was;di griosed with an Adjustment Disorder versus Malingering with the secondary gair'i ot" ob hlning medica ~ons. She also: was considering an Antisocial

Personality Disorder diagnosis, ! I : ":: ' .

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According to Marcia Prey, Sheley' S m~' e ~in~law) Shele : never displayed any symptoms that to her or seemed to be indicati ve of a thaughi fis. I:rder" She r~p,hrte)d that she has a son who is schizophrenic and Shel~y displayed no similar sympt?r:s [She report~~ li~~ the two w~elw prior t~ his lcin~ng spree" Sheley did not appear to be under excessiv stress. She indicated that Sheley had Just obtained a

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$1000 (probably from the car title loan] s s. Frey assumed that their money problems were

temporarily resol ved. 1\ .

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According to 07/011200,8 interview wiI Special Age ~t Angie Young, Holly Sheley reported thar

shortly after her marriage to Nick Shel~. i 1!7'4ay of 200:8 ~~TIstakenly recorded as 2007») ,she .

. ~tt~mpfe,-dtQ· hav_ehiin..iny_ollintatilY_co' ..... hed._torehab'_~he. tOldBteiliti., g.Detective Jason.Bielerna that.

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she had attempted to get him committe~ JO ~ psychiatric u ,~[ because he had been "acting very

strang~,,, ~$. Sh~ll;:y ,sal d she needed ~Lot I r adult to s~g~l:the paperwork in order to h.a~e him committed involuntarily; and because she rrB unable t~ ~ another famJ)y member to sign the commirment papers, she was unsuccess ul ~1 getting him ~ospiULllzed, Spe indicated that Nick's mother had asked her to wait until after NiCk'si 0 II ,beating o~ 06125/2008, HoPy had expressed to other family members that she was afraid thai! Ni Uk "could hurt ~l&m£elf or someone else if he didn't seek help." She reported that her husband 1.1:, d I; ack cocaine ti~avi1y .in the last several weeks prior to Che. murder spree SJ:ld that hils crack habit h~ a celerated to' $ I'pOO per day, .

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Nicholas T. Sheley - Forensic p'syc

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RECENT l'SYCHIAT'RJC illS TOR

CURRENTJV(F..J)ICATIONS: None.'j'

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MQ!.lJ;?, S~'ONrs: 1 asked IVIt, 'S~ijle to 'focus on Ithf,last few .weeks for the following questions

about hIS possible mood symptoms. H, d ~'cribed his mcod as being stable, He denied any significant recent sadness, stating that he very r'ar~ y II ows himself M get depressed, and stated that he believes he can control this. He ~aid he is oapablci!:?f' lIeling sad b~ie~Yl but thel~ he C~Mg~~ his thought process and. does not allow himself to "waIlovv]'1n idness." fI(:) t'r1d me that If he IS wntmg a letter to a woman and is t.alldng about his feelings, he mit e perience sOlneb,rief sadness, but said that this ends as soon as he is finished writing his letter. onJ~ so. 1 e of zero to 1~, where zero is very depressed and lOis back to normal, he' said in his mood av': ra S about 10, rfe described hi$ anxiety recently as averaging , about eight oa a scale of zero to 10 (ld is rrnal), and 'said his level of anxiety varies depending on what is happening around him. He sail th 'he is relax~df;bout 95% of the time, but approximately 5%

of the time "I lose my (;(101. When I lo~ ~ cool, the ext 'l1t varies." He adamantly denied having any

fear of dying, and told me that he has t~ ld 'hannel 8 th¢ ",~rne thing, and explained that this is related to his religious beliefs. "My time on e 'I is If' st temporarylJf r am to be put to death, that's all the sooner I'm going to start my eternity in: a ferenr forrn'of'existence,"

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He stated that his energy recently has ~~en ood, and he cbtainly appeared to be energetic during my interview 'with him. He said his COl'Jcebba : on is very gpo\ci unless there is a great deal of noise around him. For example, he reported that he ~as ead througf a1a~ 7000 pages of the police discovery, and his recall of information is consistent Withl:~1iS I He said he: is ~leeping very well, about six. hOur.S per night, which he said is pretty normal for him. I· He ~eB.ied any suicidal thoughts. When I asked about recent assaultive ideas, he said "yes, often, vV e IsomebOdY 'pis~~s me off.". Every time.I'm angered, it's because I'm provoked:' I asked how ~ w uld compare 11i)s temper to other people's tempers, and he

said "short fused." I' .. : I,;, .

... Iask~_d him about the re(~§:nt threat~a.g~lns ~fernale G()~r~~tiOI1tajO{ficer.a~d he Tes~onded that he had

.. -' made .the threat,.':~butthe·reportdoesn't ha the-whole st(j)fy}'--He-then toldlllsdeta1Jed,accounlofthe ~nterhotion with Officer Dennis, statin9'rh 'if food traY~'WF delivered while he W;;tS sleeping and the food tray not have a lid on it. He said tIlle S rgeant got an ;:ry when Mr. Sheley requested the second tray and she called him a shit head, so L~b C [led her a bite I and he thought things were settled, but he

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. said that she exaggerated what happened, . i' '

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. ANXIETY SYl\1PJOMS; Mr. Sheley:4en I d any history of social anxiety or obsessive-compulsive rituals, He reponed that he has had sonIe be attacks in the past, .including during times. when he was

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clean and sober, but denied any recent pam 'attacks. . :

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N_TI'E.NTION DEFICIT SYMPTO¥!t ,' .. ~;1eley toid e he was never diago.o,s~d or treated for attention deficit disorder, and he deniJ~ h iJVing allY diiflJ~11ty with his ~ttention span is a child. He said it

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was not difficult for him to sit still as' c ld. , ,: " .

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PSYCHOTIC SYMPTC~ 1\1r. She!. y l~orteJ that ~h~1 only time he has had any type of auditory , hallucination was when he used high ~ se' ,; of c;of:aine '~]~~le on a several day bing~ and would net get

, Rny sleep for several days. At those tihles he rnight,h~rul voices both in,side and outside his head. He denied ever h:,'lving .audi tory hal1llcjna~t n 'djllring time~ '~hen he was olean and s?bel'. He d!d report ' having had visual hallucinations whHd si';g drugs hea~i1y, but denied ever having visual hallucinations

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I asked about paranoid ideas, and he J' , n t delldjt~e a~IY , ing that sounded like true paranoia He described times when he would walk i~ to Ibar'Sqber apC' see people th4t he knew disliked him, and be would think that they might talk aboutr.t· a I~ ?f g~,tting = = with him, $1.1.' ch as getting him kicked out of the; bar or making false allegations. :a~ de ribedj,severaRj'OftheSe situations at length, and in my opinion, he was clearly not describing I ny Ilype o~ paranoi':d ideas but was rather describing the type of. hypersensitivity that is often seen in yobn men vl(ho Mv6'ahistory of frequent flights. as Mr. Sheley

reported that he has. 4:' 1 I "

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MANIC SThfPTOMS: Mr. Sheley d : ie ever Having periods of time during which he was clean and sober and yet felt that he had so much Mne :y thatj'he dil:i blDt need a nonp.' a1 amount of deep, and denied having periods of time wi th eX~'~8B' 'dy gto~ e~'et. y or. excessively good mood.

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POST-TRA MA 'fIe STRESS Sy~to .' s: :t:v.fr. Sh~JI y reported. hav:in~ had nightmares at times, but he said these are not very often, ad sa the time w,b it his nightmares were most frequent was

after he W~tS stabbed by his first wife. i,' " I ,:

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stmsTANc.E ABUSE HISTQRY: l . j, i

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FROM INTERVJEWWrrn: 1'ItlR."S _:; '~ ···1; : "':, . . . -; -

..... -- I, I' ----, .. ':'. '----T-"-'--" ,,, .. ,,- - ;'_" I •. __ -~--- _, , •... ----- .• -_ , --- __ -----

AlcohQl: 11.'1', Sheley told me t7lt 'en nlj't 1~c¥9~rated, he would drink until all the alcohol

was gone. A. t his worst, he said he WO'U d Fi1y dpuk ~n~:and a half cas., es of beer per day and would

sometimes combine that.with approxir6 te JY a pint of hard 'liquor. .

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illegal drugs: He reported that, e 'ed as lnUch!'C'(]l~aille as he could get. I told him th~t his

wife had ~eported that he was using ~1'~1' 00 :;:'er dar war~h r.t cocaine during the tim~ period prior to his alleged cnrne spree, and he s8Jld'''easl1t th ~:muclf1 bu~'hel:added that WJ.latthe police r~~ort as the value of drugs and the actual street val, i not thl? sru,n~.I:He reported mat he used rnanjuana more when he :vas ~Qunger. than h~ had I"eCe}i ly :. ut in trecen~ :~~ars h~s used It ~rimarily to come down off of a cocame binge or if cocaine was not av ., lable.i He ~e:lf~ed usmg other Illegal drugs. He reported

that cocaine. was his drug of choice. , ' ! ::, :

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Dnl!Ll'tbuseJre.£!QLe.nt Mr. once or twice at Lutheran Social S~, .. ·:~A=~

or two treatments, He said he <_I,,Ij.lll).ll;Ot,;U sober very long after those treatment I."'!"'.",,",~I..U.L" ou.tp<J.tient basis .

'was in drug abuse treatment as ajuvenile rhe had to undergo three evaluations and one trelilJl1' ent programs but did not stay clean and

of his drug abuse treatment has been on an .

.FROM OTHER RECORDS: In a 07 ' Davidson reported observing Nick 017/01/2008. She reported that he that a few days prior to that drug use UH_'lUl<;liL. had an argument about drugs, of 2007 I Sheley had broken into a gun at Olalde, but missed. Ms.

indicated after he "gets that first beer,

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Trooper Angela Stoller, Aubrey

one month prior to his arrest an . cocaine in their cigarettes. She reported

I that Nid::.' Sheley and Brock Branson had '¥~-J~.,~e .•• M,BransoIl. She further reported that in August n.,.,.'~ .. ~".~: .to steal drugs. Sheley had reportedly shot

as a "real nice guy" when sober, but long."

According to the 07/0112008 in 'Department, Holly Sheley reported

weeks prior to the murder spree. She cocaine heavily in the last several accelerated to $1000 per day. She reJ:HDtitedl 06/2312008). he had "run out of described that he was desperate for although he would buy cocaine: and

Bielema of the Sterling Police

crack cocaine heavily in the last several

Agent ':. Young that her' husband used crack

: spree and that his crack habit had

. husband left the area (around

crack or lend him money for drugs," She his drug of preference was crack

According to eGH Medical Center ... ",<",,,,,..ic, emergency room as a result of an and combative, Be demonstrated cleared during his stay there. DUring having used coke, having used acid

_ _ _~tlg cOll~~e.~?r_a.t.th~·§i_~11i~§ip£i .

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'995, 15-year~old Sheley was seen in the '-eu,~<u.,· ,'- usage. He appeared agitated, confused, while in the emergency room, but also lu,yi~,-, .... lU"'.U.' his drug abuse history as never

marijuana 10 times, He was assessed by a .

. at Sinnissippi upon referral by his

primary care physi~";ial1, but there were this application for service. In

1999, 20-year~old Nicholas Sheley He was.referred by the 00111t

system due to probation for DUl goal for treatment was to "get signed up

. for classes SO probation will get off i deni~d alcohol problems and felt that .the .

information on his DUl evalaerion w He angry and evasive behaviors during

the interview and refused to answer ~~"";I~'~:lI,' tatus exam revealed a normal level of

functioning in most areas, except for b.e~:ng.:iin.g:rj',IIU,flC~jOr))~{r; atrve, preoccupied, and impaired in his

insight and judgment. He failed to " appointment in the case was closed.

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Iri 2000) ~~ wa~' ass~ssed at Sirm~S$iPJ~ ,as I,,' resul of a~~l;lrt referral du~,t~ charge; of illegal: . , '

c:nSI,l~Ptl~~/V101at.lon of pro.batio\l. ~, S :t' ental, htatus! el~m revealed ~. no~a1.leve.loffu~cti?m~g m all areas mc~uding frloU~ht pmcess~s ~dl: ., ~ 'I~' HiJ ~ase:wFS cl:,sed on 04/2512000 with the indication

that he had not met discharge cntena, rHe.J" .as a~am J:~fd:red in 2004 by parole and Sheley smelled. heavily of alcohol during his initial se¥~iQ I:,; 'H~ irdica~ed:tha1: he guessed "I'rn supposed to do some

.anger management." He reported he~'r dig an alcoh0l1 :use starting i~i early teens, His mental status exam upon entry to treatment was asS6[1' seen ias no mal,ib aU areas and including thcught processes and

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In a let:er to DOC on 04/2312'004, Tej: J~y? re orte~:~~t Sheley attel~ded and participated to ,tt fair 'e,xtent IT'1. group therapy. However) he lwas1j ,"clr:lper ded f~'or the Anger ~anagement group for failed atten~8!lCe. Later that year on 10/08/2R041: SheXe n)Gefy.~~ a certificate ,of co~pl~tion f~r the ~nger management group, On 02/1512005, 'Fed Mayo repoxr:ed that Sheley had maintained his abstinence ~nd w~s engaging in some AA actiVitir!i' :I'~ app ared!toihave completed all his treatment requirements

including anger management and lnte'lre"outpa lent ':llU"'''', .

SECTION' 7: OTIDlj:,(G ot~_:ABQUT M,il' SIDlLEY

PAST LEQAL IUSIQR,Y.,;. j , ,. I

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OM INTERVIEW WiT' MR. S. " :' M:r, Shel~Y old me that he had been arrested

approximately 15 times! inc~uding for ~ iol" ~iI<:;mi uch ~ 'rU:rfew? unlawful possession of cannabis, a ~ero. tolerance violation, a DUI, an aggrava I' d ~~tterY ,that \;Va!;; later amended to a misdemeanor), one case ,th~t ~1CIUded. four counts of armed ('obl;er)11whiCh :.va? ~atl~r 8.l11ended,to lower charges, and an escape, ' Mr. Sheley told me thlilt he had been s ' ten zed to DOCi-o~ ,two occasions, but was aha sent to DOC

on two other occasions for parole Viol~~'ods,'fQr a.-tQtallwO~four different ~.'mes he was sent to DOC .. He

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said he was at DOC for a total of about 'hr' ryear and I ee months.: .

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~Rq~ QTHSR DQ~IllYIE1:IT~ !he.~ g : '~i'~to, . inf~r1~~tion int~e soptee docum~Ilts :was rather, .. '; _~~c?n~l~.te~~."J\~c_o!diI?:gt(')a?n~l1~l S£ p:~x~t_ 1,g '.~fhol~§heley !Ia5itl~efol1()\V_1T~g._c~<,!£g~sl.arl e~ts, ....

. . ~03!28/1991 (11 h years old) d WfUJl 95 (~lrjllost 16): Delinquent Minor, The seco~d ,

violation resulted in 20 days in jaiL Ii :1:, i I. ,. .

-02120/1996 (16 years old); Vi0 ati: 'n of .obarion.

-05/23/1997: Posse~sions/COl1J~ r d tion f Liq~o ,by Minor; 4 days in jail.

-;-0310211998 (18 years old): P.o~ ess'0fl of Cl.IDn~b· s, Unlawful Possession/Use of Weapon,

and various other related charges, 'ff I: I , I: :" :.

Officer, Aggravated Assault and Vlolaton f Pro atlOni, .

, -01/22/2000: Armed robberytJrm' with .ire sJm. (four counts) -e- dismissed. Aggravated

Robbery -- 6 years in DOC. 11 if . 'II I: .

-07/18/20"00: Domestic Batterj\ ~~ly Xi - dilS'l'nis.sed. '

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-08/01/2000: DtlI, Driving orl SUSllClen(lOn .....,~,,'vu,~ ... ', Fleeing/Attempt to Elude Officer, Wrong way on divided highway ~- no u.",JV,",J -0911512003: Aggravated B

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, Criminal Damage to Property and

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A eli II ccorc ng to a. DOC offender tracking,

Pi nckneyville. In 2000, he .was. housed in

worksheet dated 05/28/2003 indicated!'

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good credit time and had three month .

records, in 2003 Sheley was obligated I. ,

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rnental health outpatient care, and to ""':'"P;(J_i~'"

il According to Sergeant M_ .I, Scheckel'~f rape to the Davenport Iowa police. 11105/2004. she had been picked up ~lll:'~'to.W\",A-

, Sheley. The men had' for directi

directions, stayed with I

leave, Sheley's C0l11D.ill1iort ULU~l'-l"'~"U.

Sheley and alone for a short

advances toward her and would not "suck my dick," and "I want to fuck

had sex with her. According to the police and photographed but there disposition of the case.

~J.vj,AI..I""'''' Sheley was housed in J oliet and Vienna, .A'sentence calculation

, , Nicholas Sheleylost IS days of " 1 sentence, According to Illinois DOC , abuse program, present himself for agement/domestic violence treatment.

_reported an alleged

.' in ~g hours of

males. one who was identified as Nicholas, she offered to ride with them to give them

: quite some time until the men asked her to

he another friend went outside) leaving

reported that Sheley made several She, reported he said things such as 'f",j,,",r>n',.<"i that she. finally "gave up" and Sheley his companion were approached by jlltor!nati~,n in the source documents as to the

According to Marcia Prey, Holly U,",AllJl.o.·", ' Sheley had been involved hi a home

invasion in 2006 and in the Ke~fer """,·,':-H,o~',II~.~ U.OUIQiJ,;>. I : in the source documents), which she

described as drug-related. There were. the police reports abouta Keefer murder.

Amy Goodell, a casual acquaintance ! Investigator Ronald Yaw gel' that she

b~li~ye.pSh61i.)r_ w~s .... ,.''"''o!".vlc J;))[lIlJ'@·.:r ... .QttHSr_r~fe:r:enges_a.qou_tthe __ _ .. _

murder do not indicate any informati , date, or location of the murder, but

seem to imply some involvement by

According to Elaine Lewis, an acqu.{ll''',!w_)''''~ 2008,

SOCIAL.HISTQRY;,

ft.\.M1J~X OF QRIGIl'J: Mr. Sheley his parents 'are still roam ed and Ii ve in

Nick Sheley he grew tlp in an intact f

Nicholas T. Sheley _, Forensic I

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, ,Nick Sheley got out of jail in January of

and raised in Sterling, Illinois. He said .J..Ul.ll<:.Jj:(>~: According to Sinnissippi Center records,

, happy chitdhood, His second grade social

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development study report indicated thkt then remarried when Sheley was ap])r(!)'\!xll~~,te.l "close parent/child relationships are n6t :1

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an orgaruzation are lackmg alii well." tHe I' the

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CHILDHOOD I-llSTOR Y_;_ Me Shel type of mistreatment by his parents. perpetrators, with one instance from that sexual abuse.

According to Sinnissippi Center This-union produced two children during the marriage, He also .r indicated that he was on the receiving " prisoner review Board document i ,t counseling.

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divorced, but continued to live together and The schoolsccial worker speculated that ithin the homeland that consistent structure

of three children. He has a sister named Heidi number of run-ins with the law and has

Idhood was "superb:' and he denied any : iwas sexually abused by two different

iSa±d he did not want to discuss the details of

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been married twice, the first time to

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his d~ughter_ who is.and

, on. May 10, but they already have Im"'n_,rPQr_' daughter narned_

'!J."',,'U.L'~~ Sheley married Monica Rodriguez. admitted that he was sometimes unfaithful nnvarcauana emotional abuse toward his Wife, but also 'I"he couple divorced in 2001. A 03/1112003 . required to engage in Domestic Violence .

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According to Dr. Paul Steinke's rnedi He reportedly was engaged to be marri

05/10/2008. According to Marsha Ogle County Jail. Ms. Frey described .

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.Sheley.had.been violent towardHony,-"'""'A.....,~'p:,

'HoHySheleyJived'witl1JlollY'E tep:f*bler-j

into town (Sterling").

a child with his girlfriend (unidentified), in 2004, Sheley married Holly Gaul on

, Nick and her daughter met at the

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t and a drunk." She reported that

stairs when she was .pregnant.. Nick and Mbrtis,IL ~'or a shorttimebefcre moving

In his 07/01/2008 phone interview

Holly Sheley, described his overall aUIc'!'-u""~l--n.l that Sheley committed murder. arguing with his wife about money, reportedly often accused his wife ""","",,,,,ur-;

of her husband, and reported that he

that she had to be hospitalized, He '""'..-, .... .,..,."'",,, quite a bit of time with a man H<U.u.., .... called_ and told him not to

Wayan Collins) an acquaintance of was "a li:ttle off,') but indicated surprise was always picking OIl his children and

y was "into drugs really bad." Sheley suspected that Holly Sheley was afraid

_"--.-JI had recently beaten his wife to the. extent Sheley was incarcerated, bis wife spent '~I"'U.U~'" 1,..~inr,,..tp, .. 1 that when Sheley got out of jail, he ne Lewis, Wayan Collins' girlfriend,

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reported that Holly and Nick Sheley ~gLl9dlal1l1:e tim~' ,~d did not trust each other, Nick accused Holly of cheating on him and HOlIY~Cll$~d.Nk : of cli.11~;iuse, She further asserted, as did other ~cquaiDtances, that Holly ~hel~Y and ljlro~k Bra son s~eri!l:1~d to have HII affair while Nick S~el:Y was incarcerated, Angela LeWIS (Sister to lElJ1e?) to d Detective Dallas of the Lee County Sheriff s Department that she knew that Nick 11411.$ 4;'are t" at H~l1i(, had been sleeping with Brock Branson.

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~cCOrding to 07/2/2008 interyii~w Wi! D~~on P. ice die .i~enant Clay Whelan, Jerry Dunning, an acquaintance of Nicholas Shell~Yl l'epci~teq that d lng h J~)11vemation with Sheley about prison, Sheley' made the comment that "he would notlbe ~oing lack t~ rison and that'he would make it suicide by

:;;:.:::::::::: 7ht1;d m ' th.tln ~ent to the eighth glade but did not'

complete the eighth glade, and he eX~~inrd :tiu, ; s beijn~ beoause he met a woman, got her pregnant ,and need." to get a ico. He 'aid he dirc9,:,plet ,. G1fI;

According to Sterling school records, ilhd:l' alt.:, ded ~~e 'c]looll1Jld,Juniorhigh ,in the Stel'llng

.school system, In second grade, he wt rdterredor an! e{'aluatJ.OO for difficulties with reading and . writing) despite high performance in dble~ aC\'l.d~~l~C at.eak, This teache;at the time indicated that-he w~s gen~r~l~y well-behaved but had s~me Fr~b~e~ns ~*hlpoor atten~ion span, concentration, and some rmnor c0nf~1Cts on the playground. Inl~bon~unctiol'l Wltfu tb:e academic assessment, Sheley also had a'

PSY. chological evaluation, It was .note9' th~t, his alentiqn ~pan was poor, and his motivation for school was low. He was observed to sornetj~es be nerv us, andto eat pencil's, School psychologist John

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Zbinden noted that paraocxically, Sheley mad ex tlleD~ math skills. He had some 'discipline incidents on

'the playground and the bus, which see~ td be reI' ted tp {hpulsivity and a "lack of concern for other~' rights," In an interview with 7 ~-yeai~oI~'NiCk l'hele~, heley reported that he didn't Hke, school

because "you get in trouble a lot beCI.'I.t:1je 9£ 1;titting .. ~' He '~so stated that he wished he could stop ,

"hating and fighting and cussing:' .I I ',i: ' .

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The school social wOFkerdescribedS~~JeJasa 'vrIYstb ::temperedyoungster, who was often -independent. She··uesc.tibia hirrib6Ui·~84si1Yli&.straibdl"!l:lut hippy oiltgoi:ng arid active child. She reported that he was sometimes uncoo~erdtive ani b~cl to:, get along with. He: also was described as ~ve;dy ser;,sitive) easily upset, .and.easil~ hft.. Sh: des9~~l~d that he was "occasionally given to temper tantrums. He also was described have·aWpnve ehaVjloty that were 'adequate, for home and

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Educational testing on 01(2211987 (ag: 7 t' years' reydal~d him to be very bright, with the following results: Weschler Intelligence Scale iJr C ' ildren Revike I ~ Verbal IQ ~- 114~ Performance IQ -~ 98,

Full Scale IQ -- 107. II: I ; I .' • '

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According to Sinnisstppi Center reC01~1 S, ~h~Ie:y dropped :~mt of school during the eighth grade because

of aCGusatiClns_ of smoking. H1S eight: -'gt',de report card pr.irn~lljly controlled DI s 1ll'1~ P's, t~oug~ there was a range ot grades, 'Sl~cley 'Was hore fCh.OOled for ;app,fOXlInately a year and received 111S GED

=~::m HISTORY; Mr shLI told me thath;:' longest period of employment was for about three years pouring concrete, but he sAd ~iS wasnot a 4dhow: per week job, and some of it was ~elf· emplo~ed, He s~id ~e has filed g~lf~ef!Plh~ellt, since ~qb3, He rep?rt~d that he thinks he has a good work history, being rn the same line ot W~[,k for a l~ng: tune, but he did r. eport tha: ht;') often changed employers, According to Whiteside qou ty court records!" Sheley was employed m 1996 and 1997 as

a part-time laborer for a concrete com~an " lIir~ work performance was assessed as fair, but his

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SPIRITllALITY AND lESURE ACJrrvrrms: Several times during the first interview, ' e ey

referred to his faith in Gad, He rc.port~d t*a± he belo~gs tp a nondenominational Christian Church, Upon questioning from me, he said th~t h~.s, church is ljot~ fundamentalist (i.e., believing in the literal truth of the Bible) and charismatic (bdJievmg in and practicingthe "GiftjS of the Spirit," which include

f~th healing and sp~~.jng in tongue. S)r:1 :A~cor?:ing ~o ~imlissip~i Center records, Sh~le.y.desCribed

. himself as a very spiritual person. He i d Fot identif'y any, hobbies or pleasurable activities, He described that his parents, friends, andlrelatives were supportive of him. HOWeVel\ he also indicated a desire to have no others involved in h~, SU stance abuse treatment During and immediately atter his a:leg~d Crim~ spree, he ,m~de refere~ci to : ,is faitl~, In b. Op/30/200S call to Holly. he reportedly told his WIfe that "maybe this ismy destin ,b anse r,can)t serve the Lord on the streets, but I can serve the Lord behind bars. I'd minister to the, II esjon deajh row.vWhile being ringerprinted, Sheley told a detecti ve that he had "done a lot of ball. thi gs 1111 my life, but I hope God will forgive me."

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M1SCELL.A.NE;.OUS: :Mr, Sheley rep 'ed. that he has lJe'~~:r been in the military.

ME1)TCAL ms.r,QHY.; Mr, ~b.leY~Jd' 0 thathe ~~ae. not have ,any,'lgIlifi'",:t medical ,

-pwblems. According tOft·spec1aIeducati: :;:oclall'devel'opmentstudy-report!w,henNlcholas was flve : years old, he and his entire family werl ne :rly asphyxiated by a gas leak from their furnace in the family home, Sheley was hospitalized for thr~e ys, hl,lF it w~:s :4~termil'led thaj he suffered no long-term eff~:cts from the incident. According tf St~rIing CGH ¥e4ical Center emergency room records, Nicholas Sheley had visits in 1994, 19~8, t999, 2005, 20Q7, and 2008, His presenting complaints ~l1cIude~ injuries related t~ accidents ~~ w9~'kj the i're.sul~8 0t phySi~a1 figl1t.s, the ingestion of jimson weed at age b, an adverse reactton to cocauJ-e u~.'age at ageIS, tooth .pam, and illness, It seemed that he sometimes used the emergency room a~I'. 0 ' would nanl.1J~y use a primary care physician. He also reported surgical his.tory on his eibow I 'd lee. These visits were primarily related to work injuries or various physical complaints as a resultl of 19hts c0mplaintiof headache, head trauma, and blurred vision as the result of. fight. There were no rp i -ent e~dutiJ:ig ~d;Cal conditions related to the

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circumetances. In 200~ he had visirs ,rIa, d to a ifight :in ~h:iCh he was hit in the head with either a chain or a baseball bat Again, there were l~1 ret orted endunngl problems.

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Illinois DOC records On 10/0912003 idicat~d th~t Nicho~s Sheley complained of having been hit in the head. Subsequent progress noteSfe r~ther "I.l~readable; but they seemed to reference an incident which took place on 09/14/2003, Ace rdfg to a;Menard!Correctional Center progress note dated

,10/2212003, a worker documented fur,:1 sh~ had received ai,phone call from Nicholas Sheley's mother, expressing concern about her sen's re< ent head i~jl.lry.: s.~~~ reported that her son complained of severe headaches and blurred vision, Neurol~"~giC' examination resulre were "okay."

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In 2005, he had an emergency room v it . efon~wing aj~ west in. which he complained. of shortness of

br~:a~h, fIe reportedly collapsed in the,itlaJl ,:Of thl:::' police station :a~d appeared to be c~ano~~ and

gaspmg for breath. Sheley had been ~fPp~r sprayed and complained of asthma and inability to breathe

but he refused an oxygen mask, sucti+n I:, or a ~ag v~lvei.mask. The report indicated that Sheley .

required four firemen and an officer tq ~IO d him down during his violent thrashing. 'The responding .

EMT indicated that each attempt to as~ess !~hell;~: $ brea~in~, he: ,held hi~ breath. Xt was ~bs~r:ed that he was able to speak clearly and take.dee .breaths. The medics' nnpressrons were that his d:J.fflCUIty

with breathing was behavioral in caus~. f~ ~as ~nc~o~e¥tive ,,:,~th treatm~!1t, though he denied h~ving taken any drugs, blood work done at tte h :.g~lHL] Fd)C~te~ t'J .. positive result for the presence of THe.

On 06/12/2008, two weeks before the It: of s'beilleavds aj.kilIin,g spree, he was seen in the CqI-I Medical Center emergency room for pl'n lue to ~.'rondvei on a four wheeler. Medical notes indicated that there was no head injury or chang4 in" evel of his consciousness. In the psychiatric section of the general checklist on the emergency roJm ocum$rat1cn, tt was noted that Sheley was oriented in three spheres, his affect was normal, his ju(ll,m~t and iil1B,igl"it appear t. 0 be normal, and his remote and recent memory was intact, On 06118/2008, }I 88 ilian tW[)) weeks prior to his killing spree! Sheley was seen in outpatient care by Marclyn Meister, pi -C ::N.i:s fdr coniplairrts of chest pain, which seem to be the , result of bronchitis. Ms. Meister obse e "Chat Sl~eley W:l~ alert and oriented in three spheres, and W;iS in no acute diSl(ess, As part or~er re~i r ~end~,tfl,1S, t,vrs,;:IVleister recoIIJ.I@nded that Sheley continue

_ using 9xYCQliQue (prescribed in thee : rg : cYJ.'O?m fO~lo)ving his-four wheeler accident-on .. - .

06/12/2008) as needed for breakthroug p in, Shp proy~dl~d him with Celebrex samples, but Sheley asked for stronger pain medication, N~f.eiste:r refused lto do so without the approval of her supervising physician. Sheley did not fha, enge 11er plan, !

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EA.M!LY l.lSYCf,UA'TR]'C IDS:rQJ3J ': : ccoJrd!ing to Sihnissippi Center records, Sheley had a maternal aunt and two maternal unclell wh: were IlcOhbliq~, His maternal grandfather was described

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SECTION 8:...MlJl A SES MEN1r _OF . .MR SHELEY

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l.JND1~R§l'fANDING OF LEGALJSSU' : ~ aSSe~Si),!g his understanding of the legal issues, I used a rr~odification. of the MC,G~T)' s: ale~~s well as th~ ~ift of j:tems in the court o~d~r., Mr. Shel~Y was able to give a vr:!)ry clear descdption 0 th .variou pa:r:1ic,~HlntB In the courtroom trial and to describe

their roles in ~f,:.tail, inclu~ing deSCrib~ g :o~ a bench t~~ :vou1d work/ He w~s a~le to give a very clear explanation of the difference bet' 'e~e direct examination and cross exammanon and was able to ' give a very clear description of the w I )d ~s: of a plea ~£ll'J~a'in, as well as how a plea bargain might be

to the, adv~tage ,?f ?oth ~~ defend~t ~ d t _le'pros cuter, there is much more information on this topic

contained In the DU,CllSS10n" sectlon~1 belfw. I. .-

MmT AL STA T!JS EMM,;. Mr: si .let'sapp ,';"oooe: ~pe""h: and behavior was essentiall y the .

same during my two lengthy intervie 'wl~h.hlm so I:Wlli1 descnbe the mentalstatus from both

interviews together. I !;

.612peal·an~e: MI:. Sheley is an PP :o,xima ely av.edtge weight, average height, young white male who was dressed in a jail outfit; with lig: t must che and short hair. He wore an insulated long sleeve undershirt under his jail outfit, which :, as ~ppr()piate ~eC'~use it was rather chilly in the jail. He was

shackled at the wrists to a waist belt, h ,n he in~tiallY c~e in to the first. interview, he had almost no

range of motion because of the way thff' ell Is hdq' his hands so close together, but I told the officers that 1 was comfortable with him having mcih-e r; ge o~ motion ~d thought t~., at this would be helpful 'because Mr. Sheley had brought in a large accidin file 9:f documents and so it was apparent that he would want to rev lew these as we were talki : ' : l~o~ I had alre:Jdy been told tpat an officer would be

standing just outside the door and CQU .' S 'throJ' the lakge picture window in the library where Mr. Sheley and I sat. He had tattooed lett s o his l!;d k.uuclJ'es, but I could not read those, and he had several large tattoos on .hiS right f~I'e~lll. ,,; one 'ftheip~6tog:raph's Mr. ~heley s~owed,me, Mr.

Sheley could be see, n WIthout a shirt a ~ h, bad s ver~ l:nrge tattoos on his chest, including a tar. ge

spider and it tattoo of a woman's face! ,;, ' I, . , '

BehavioI'~ He was alert, cordi , a: 'ct COi)P ~rati~,e drroughOllt both lengthy interviews. He .

. inte~·ac~e.~d ... ina li~h~heart~d anC!)oking,1 as:'o11 wih ~aq~u~9ffl.CerS whowcrepresentoff.and'on _dming . my.interyiew« with Mr.-Sheley, andth y r~$Pond~dm kil1~; It was apparent thatMr, Sheley had a

g~od working Te1atio~ship with thes.e I' aI, : o~ficeJ~ (tw,~ ?ffiCe1'S ~llriilg t~,~ fi~St int~rview an~ two different officers during the second in rvi w), S1veraJ times dunng the. first interview, Mr. Sheley asked the officers for hot water so he c ul ': make offee frbm a. small. plastic jar of instant coffee that he brought with him. He brought two wr:['PP; sand iCh~f;'~ith him to th, efirst interview, but he did not

eat either sandwich during the intervie , I, : I'

Atti1lJdes: EXQ~pc for expressi ' g rriild irri ation at times related to the court process and especially related to his two current aU rn IYS, Mr1 Sheley pad a matter of fact attitude throughout the Iengthy interviews, ML Sheley did no ad wwl.erge participating in the crime spree that allegedly occ\lu~d dllrin~ the = week of J une. I . " not sre any'srhotiOl) 'in him when he described the

allegatlons against him m the Knox C nt case, " I ,

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Motor activit~ Narrow in am Ulland ty e with ~IQ abnormal movements, There was no

fidgeting during the ~engthy intervi.e " , " : ' '. 11 . .

Mood and affect: He describe hi: mood as bemg!'pretty good, pretty normal, and denied any

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significant sadness or anxiety. His af ct as neutral al1diappropriate throughout the interview, He was"

able to smile and laugh appropriately t ti es. He intera~p.ed in a lighthearted and joking fashion with the correctional offj,!'~er.s, who respo. nd d i a sirnjlla:r f~Shi~)n. ' There was no inappropriate affect. He'

did not appear sad, anxious, or angry It time during tHe, interview, though he did express verbally

and non-verbally his irritation with. Ie~ar' ,.,to tlh OO~ l?~~cess and his a .. ttomeys, '

~ His speech was mod at y incr ased in ),'~te, volume, and amount, with normal

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fluency and aruculation.and no press eo - speec . Th,ough he was very talkative, I was able to

interrupt him and have him stay quiet I f I .eede.;ci time to ~.tite down something hehad said, At one point in the first interview, I took a lit ett'a ti re to wri~e down what he had said, in part to assess

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how well he was able to 'say quiet wh I .sked h'm to'do!,iSQ, and he was able to do so. H1S speech

did become a li ttle louder and raster en he was irritated!

Thoug;ht PTQ~f.;. Coherent a11j g ~,dire ted wwiput tangentiality, loose associations, 0:( flight

of ideas,' :1

Tbought cont~nt: He denied a y s '::'Cidal 'louiht~! He admitted to getting assaultive ideas at times when someone angers him. He en', d: any hal111¢lTl£l,tiolls or delusions, and he did not appear to

be psychotic in any way, .: 11-

Intellectual function: Mr. Shel y i "c]:earl' of abo~le average Intelligence. He was oriented to

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persoll, placet time, and purpose, He 11 .rf . ed s rial sev~j!$ from 100 all the way to zero pretty

quickly with two errors, He was able' 0 s ell the wordi "vJbrIcl" forward and backward. Be recalled

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two of three items at three minutes,' 'w S, able to give sbstract and correct interpretaticns to three

different proverbs, including two rath I di· -icult rovetbs:J! He was able to name six of the last eight

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presidents in correct order. With two' 1'0 pting uest~ont~ from me, he was able to name all five states

which share a border with illinois. H I ap , ared t hav~ e:#ceUe:rit recall of the specific allegations against him and the evidence ac,c1.lIJ)uli ted in' the Knox, Cdl1Tlty case,

Insight 811djudjl,'}meut; It is of- en ifficult to ad~q~awly assess insight in a forensic examination . because the examiIle~ does not n~oess: til .pe,rct~i· e it 48 b~ingin his or, her best i~te_re~t to be -, .

completely honest-wrtb the exammer, heley Clearly 'irderstands his current situation, as IS

discussed below in great detaiL ',,;' ,I! ' ,

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, 1\1:(". Sheley, he clearly has a history of C 101 all i coca1m~klef'endence. He reported that cocaine is his drug of choice, and reported to me hat he use as ~~lJC~ as he could get, confirming his wife's -, statement that he was usin~ $1000 WO~ 11 ~ cOI;:~i e pe~ d1r: He report~d th"at h~ used marijuana more. when he was younger than he· had rec ,ltly but In recem y~ars has used it primarily to come down off of at cocaine binge or if cocaine was n . av . llable! He &.el~ed using other illegal drugs-

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ANTISOCIALPER~.oNA!J.IY DIS I:' 6R: 1.'1 ere i~ gqod reason to believe that Mr. Sheley meets the criteria for antisocial personality iso . er. T} e Diagnostic and Statistical Manual of the American. Psychiatric ASSOC::iatio11" fourth editid'" (c ~mnony ref~rred to as DSM~N) lists the criteria for antisocial

personality disorder as follows: ,i, " !, . .

A There is a pervasive patteof·s;I."eg id fori and' violation of the rights of others, occurring

since age J5 years, as indicated by thrte 0 L'mor(~ f th~ fcllowfng: .

1. Failure to eonrorm d~ so 'ial no I s wdth respect to lawful behaviors, as indicated by

repeatedly performing 21ctS that are gr I un p for st. j , ,

2, Deceitfulness, as in' 'ca~d lJYlepeated lying; use of aliases, or conning others fOT

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personal profit or pleasure ,I, i . 1: '

3. Impulsivity or fail ',eo t :plan a ead I . .

4, Irritability and aggrl,ssi fUeS$,;M in1iG~ted by repeated physical fights or assaults 5. Reckless disregard :or . ety 0 i self or others.

6 .. Consistent il'I·esponl:.'bi :.y, as i :uucafed by repeated failureto sustain consistent

work behavior or honor financial obli ~,a,ti PS : 'I

7. Lack of remorse, as~,n : lilted tr being' fudifferent to or rationalizing having hurt,

mistreated, or stolen, from another.' i I

B, The individual is at least 1 ye s, I

C, There is evidence of.condu"t d sorder] ith ?nsp! before age 15 years, .' D. The ?ccurrence of amisoci,l b I avior is no~ exclusively during the course of schizophrenia

or a manic episode, j'

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Mr. Sheley has an extensive criminal istc I I, st \ng ~.arly., He had a court appearance at lIn years old for being potentially a delinquent .' .~ :" H:e ~as h4d ~tt least six arrests in the l~st nine years, since becoming an adult, and has been sent' b . ' C Gin' 'our occasions. He was referred in 2003 for

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when. she was pregnantr.Even at the al eo' 7. 'i'2:, lie wak described as having some discipline incidents on the playground and the bus, which I ee I to be 'elate~ t~ impulsivity and a "lack of concern for others' rights." .I did not searchrhrou )Ih . :thea '~labte e;JVidencein anattempttc confirm a diagnosis ofantisociaJpersonaIity because my f :cus ~aso ;his0tn~ss, butanrisocial personality disorder - '. c~rtain.ly appears 1il~Jy. ~~ d:SCribeol,hi I ,elf to , e a~,v~~1' much able to control his mood, consistent with h1S need to believe he IS In contr ~ of most 11 :m,gs'l

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OTB-BR POSSIBLEPlSQRDER.s: I

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Absence pf mallie §:.J:lQ.Ptoms: ; '. I arlin ': ld Je that he thought Mr. Sheley sounded manic. In' my interviews, however, although Mr.I~Shey w~:: ver~ talkative, there wa,s no indication of'pressure of speech, r was able to interrupt him ;)t1)~, ha e him {Stay quiet if I needed time to write down something

he had said. At one point in the mterv lew, iI took little extra time to write down what he had said, in

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part to assess how well he was able to say uiet .hen I:asked him to do. so, and he was able to do so,

Mr, Sheley denied ever having period~ of me dU!~ng'whit;h he was clean and sober and yet felt that he

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had So much energy that he did not ne, d. :norm,ai amdnnt.ofsleep, and denied having periods of time with excessively good energy or excel'sjy 'y goo,d nlOJcL lie discussed his religious faith in a calm, rational fashion) and did not describe,1 ny : eliefs Ibutside IOf mainstream Christian beliefs, Further, he only m.entioned faith or religion two!' t ee times duAngmy almost eight hours with him.

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,Attention deficlt s)J.'.lJ;]2:lPlTIs: I.; eley nOld nie he was never diagnosed or treated for attention deficit disorder, and he denied having!anydifficuJty wl1h his attention span is a child. He saidit was nat difficult for him to sit still 1M! a child. ' 0 , ' ver, sdhcolke1;olt'ds indicated that he did have attention span problems beginning at least before ag" ei' It, H~~ ray Iiav~ had attention deficit disorder, bat.be does

not a,ppear to have difficulty focusing Q', " '

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Lack ~lf ~~i.£:Jwn.RtQmm: : ' heley reported that 'the only time he has had any type hallucina~ion was when he used high ! ose - of c'od,ai:r')e"~lhile on a several day binge and would not get any sleep for several days. I asked abdpt p al1oidlideas, and he did. not describe anything that sounded

> like true paranoia, but did describe petple al1tilnl~ to get even with him (consistent' with his quick temper), While he does not trust otbet' pe :1?Je vet well, 1 did not see any delusional ideas, and he certainly did not make ~U1y statements ug esting ,that ,lie believed there was a plot against him. He 'spe,cific.ally stated that he did not th:inll: hi !attom~ys w~re,i!1Competent or trying to hurt him, he just beheved that ~1eir own self-interest 'ght .~terfe~e ~itr. their ability to han~le the case the way Mr. Sheley wants It handled. (please note ~la, , i?r psyplu.atnsts, the term paranoia refers -to an ominous ~ense that people are actively plotting: g", ~t Y()Uf and!is indicative of a psychotic disorder. ,However, lI1 the layman) s use of the word paran I'ia ieans \'!jorrie!:! or afraid; and is not indicative of psychosis.)

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Qtl~er care.gones: Mr. Sheley "1 sC; , ed ha~ing some nightmares after being stabbed by his exwife, bur. did not describe significant 'ob, ms related to this. He denied any other history of anxiety or

'depression. ' ': I I I '

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history ofcocltin~-indu> 'ed : &11Udt~atiorL" i~ remissionfbyMr. -Sheley's report) , . probable antisocial per ~ 0n~ :. ty disqrder I

no diagnosis ' . : : ,

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SECTION 9: ' ""'JON ,REGARDING FITI"lESS

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1. ORGANIZA N Ol? DISCUS, I . ,SEC1fION: For-several reasons? 1 believe that it is

imp.or,taut for me to document very cl~~Iy y r:a~bnal4 for concluding that ML Sheley is. has the capabllity of d~feIlding himself in a pl~f se ,&5hioril' First, the crimes with which Mr. Sheley is charged are pretty awful, and he is facing the dfat.h 'en:alt~, SeJond, he has been somewhat disruptive in court On one occasion. Third, Mr. Karlin US~d t ~ term t'ma~d' to describe MJ,,, Sheley's behavior (though -Mr. Karlin made it clear that h. was II t t ,"ng to ra,STIr'" 'Mr. Sheley, and was using tho term in a

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layman's sense), .Finally, there is ver.,~ litt Ie ~ase :taw ~n thi~ issue. 'Therefore, this Discussion section will be very lengthy. Organizing this I.n£ '))atio~ is a little difficult because there is so much overlap among the various concepts, but I wil ,do: y bes1 to ~ake sense of thi~ information. I will list " " numerous observations from my iute!' ie and eI few items from the police reports in the sub-section #2), organized 1<)1:0 v:,u:it;)t~S categor.i~s.i!Be:~us~~ r}elieye;~. Sheley's 4~ili,ty to recite from me~ory and In great detail the evidence agarTl~~, hi 1 in thl:~ case, I Will present ttus in a separate subsection (#3), Then, in sub-section #4, I will addies~ th ist from, thd court order related to assessment of Mr. S~eley' s, c~pa~,ity .to represent hi:rnsel~:. (I:' nlot'luSin~ the list in the Crlurt order as m~ primary m~thod of orgaruzrng the information because the e is a ~reat qIeaI 'of overlap among those various categories,

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2. MY OBSERVA'nONS (OF Ml:tJ;,... LE~ 'i

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CLEAR TBINKD.'iG 'I:, ~ i·,' '. .

-There 'were countless exampf s i the in~erYier.v3 of Mr. Sheley being careful to either clarify my questions and/or to think careful! Ibef re ansterin~ to ensure that he did not answer incorrectly. -He picked up on my inadvert' nt se oftI1e phrase "day by day" when discussing the allegations in Knox County, which ali:ha ',I" ened dhe same-day,

-Be was very careful in his pl 'asj'g to ndver afunit to having == anything, substitcting phrases such as "they believe I did" lid, "i: 'is aI1~~ed/1 et cetera .. When I asked if the DNA evidence linked him to the crimes) he refused t 'I an ,wer until I rephrased it by asking if they pollee had DNA

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evidence that they believed links Mr. h(:i, Y to th~ crimes; and he said "correct."

~When I talked to him 'about h ,s st :ternenfs to ~le riot being use~ to-prove his guilt, he got the illinois Compiled Statutes, read that s :cti·1n'I (which helfound pretty quickly), and. seemed satisfied that

what I told h~m was c~rreot., . 1,,1 :j. i .'

-During the second. l?'~ervle;WI" e ~tutely fom~ed out that I! he talked openly to me off the record, he would be undermining his 'reyl us !3t3Jteme~ts that he did not trust me because I was court

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appointed, . ,I' I .,: i' . i .,' .

-He was able to give a length)\list " f task~ he "f.0u1d have to (a~qompllsh If he defended hImself .

.. ' ,-~hen I incorrectly said he h : asled to ~eprJe,ent'himself, he Yf!ry q~ic1dy corrected meon

this point, .'. . .. , ..... , ..... I!'. .

-On disc #85, Mr. Sheley was, ' te ,ieweq rog*ding his 07/20/2008 fight with another inmate. f.~e was read his rights by the officer a ,d i . dicated thatihe understood his rights, responding with "yes sir.' The officer asked him what led' I t the 07~20/2@08 incident. Sheley indicated that before he answered any questions, he had questi: ns. l'I-le wJnted to know if charges might be pursued as a result of the altercation. He was told that th ::re las a pdSSibilxty that charges l~light occur, He also asked about punishment as a result of the inci'de - ij: tiJere ~ould be a 72 hour lockup. He also wondered about the prospect of getting days adl.d 'to hislitlme! 'the officer c1a1).'Ued for him that a court would decermine if he had additional days to j"e • , but t~le jai~ would determine the setting in which those . days, if any, would be served, SheleYJndi ('ated that this answered his questions. I-Ie then told the .

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officer that his attorney had advised h' n t notify: him if Sheley .faced any questioning. Sheley mdicated

that he hod been .tt',mpting to COO""1!1J' ~WYo:r kith ho success. He told 'he officer that he was ,

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choosing not to answer any questions I~ri" ~e had represe~tation ,by his attorney. At that point the interview ended. During th~, intervie It S 'b ey sp6ke t6 the officer in 'a, polite manner. He displayed

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clear thinking and (jompostlre, " i

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'Kl'l"O\VLEDGE OF C I'S 'I 'i '

-During the first interview, helwa ' able; t~ list from memory the Knox County indictment, what specifically he is alleged to have done' an mu(~hlof th~ evidence against him (see the next sub-section).

_ -At the se~ond interview, he ~f:l.S jle to ~epeat.th~ statement of non-ccnfidentiality b~k to me

from memory based on what I had toll hi therejin th6 first interview, so he clearly understood that

information and retained it between til t ' 'r. ,

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BEHAVIOR I :'

, -He was able to interact appr I,ria ely drr,pughGlUt the two lengthy interview, including almost five hours straight in the first intervie/ II. ,e was :~erioilis through most of the time) but was able to smile and laugh appropriately when he, an d "fie • or I rtnadel'a light-hearted COmment.

. -When he did not want to ans I: er . guesti;on, hb said so very clearly and firmly, but not in a

.hostile or irrational fashion, 'I! 'f 'I . '

-In the first interview, whet) 1,1 sk Mr. ~held about whether he has been disruptive in court, he said "it depends on your definitiOTI'j' fsrupti~e, N6, not like Allen versus Illinois, not screaming. r~ustling papers? Yes, because I'm re 'tri ed by my h~ldcuffs. Turning my backon the attorneys? ,Yes" but no~ as.:f~ as'dis~ptlng proc~II'di a,' I a¥ed t~e judge for permission to address the cow: and I W~l ted until the J~dge said ye:~. n I as ,ed f Mr. ~heley was ,a:vare that he, would need to keep quie; during court when it was not hia tur.n11, nd ! e sai~1 "yesj I certainly am. ~hy? Not be~ause I ~~t to, but beca~se I know I have to follow t ',,' es or they c~n take away u:y ~ght to defend myself. . "

-He spontaneously made the ~ in uiat th~ court can revoke his nght to act pro se at any time if Mr. Sheley's behavior in court is not pr priate.] He *as' able to acknowledge his own concern that

his temper could' be a problem for hir in urt. ,; I '

, -His showing me his family Plata was c~ea.d~ an attempt to humanize himself in my eyes"

which seems to me. to re;flect anabilitj to rink sqat.egifnny regarding possible mitigating, factors,

.. .-:oHedescribedhimself as very I U 'I able ;40 controi his mood, consistent with his need to

believe he is in control of most things.!1 'j

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INSIGHT I,: 1 '

-Many times during the interv~l>;w ,'Mr. S:~eley ,sp6~ltaneousIY noted that his attorneys know.' more than he does, and that it may be n h disw;llyantage to fire them. He added several times thatit is not necessarily hia strategy to actually! ,ep sept h~,mselrl pro se and that he might hire another attorney,

once the gag order is lifted. :1,'

-He told me that, "if the state 'as rnw:h! evidence as they say," he beiieves that his chance of

being convicted would not be adgnific I tl di~fer~Ft wi;tb a speedy trial versus a delayed trial, which

appears to me to be a very reasonable on uSJon+ 'I

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-He refused during-the secon int lew ~o ou' ine hypothetical defense strategies, and gave the,

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reesonahle explanation that there coul b BOn1(~:~[;ling in chat list that would tip off the prosecutcrs

regarding something he might do. ' :1;' I,' ' ,

. ' ~.~',1Ir. Smith emphasized seve< ti es t:h~~ he is, aware that his strategy will have to be flexible,

.because events could alter the course ~I' e . 5 tl:ll11g, I,

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TRUST,PARANOIA: :, (' I' .'...,'

(~' . -Mr. Sheley raised various obj6c" , ns to j~ib] 'at~orneys, Whjle it. apperu:s that he is overly

concerned about some of these issues ?o .' of hijs exp~anaU01l3 sounded delusional. '

._ While Mr. Sheley clearly has dif culty tsting others. (and hespontaneously said repeatedly

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that he does not trust state-appointed law ers or~, e co~"t system), he does not appear to be paranoid

in the psychiatric sense (ie, believing hat . ere i~: a plot against him). His attitude about the legal system is shared by many criminals. His' con e s about how self-interest can possibly affect the behavior of

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venous pro eSS10na S.lS not unreason l'/ e. ,Severa times urJJ1g e nrst interview, ivu , re ey ,

spontaneously stated that he is not Redl .. si ' his al.torn~ys of being incompetent or unethical, but j ust saying that their best interest is not t~~:s e ,as h':s best interest. H~ spo.nta~eOU'SIY added tI:at he is not anti-government, and even added thatl[~le E',heVe§i we +e. better off in America than.people ill other places, even though he sees the legal ~st n as 19~5 th~n perfect.

'<-Probably his biggest objectiow to . Harrell is that 'Mr. Harrell filed a motion over Mr,

Sheley's objections, and it is dear th~lf SheI9f warlts to be in.coatrol of what happens. He wants

his defense run his way. He told me '1 cl I t nec~ssari~y want to represent myself; but I want roy case

handled the ~ay I want.~' 'II: 1 '. ' , . .

-Mr, Sheley made the stateme 1ft t he ~d 110~ 'belreve there was any place in the jail that he ,

coul~ talk wh~re he could,be certain t. at 1 , wou~f not1,b(,) O,veth~ar'd. I d~ no~ inte~ret thi~ state~~nt .

as being delusional, He did not sugg I t a y delusiona explanation, but Just unpiled that m the 1ml, things

could :gos,sjhly be overheard. . :1: ',' . .

. -Even though he made the co ~1 t that Ike could not tell if my camera was turned on or not, he did not ac?use me of leaving it on, I e d not ~et it JtolP him from. talking to me, .and his behavior did

not change when I did finally put the .a in tll':e caSf many minutes later.

NEED TO BE IN' COl TR L I

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-Mr. Sheley said nothing to s gge . that i!: is his desire to get the. death penalty, though he

refused to answer this qu~stion.~ I" 'I, . i . ' ,

-When he complained that he as ot allljDwed 0 see the questions the attorneys were to draft

for the judge regarding fitness, be W(l~ abl to spJ:nta~ 'ou,sly add that he recognized that having seen.

these questions could possibly have aEifect his ~'ehaYior in the fitness exam. .

, -His objection to the Yllde,otap~~g 1 e had.~il:reVidUSlY suggested tome was consistentwith (.)tber .

observatio?s of his be~avior and atti1ir: 'e wan IS to *,e in C~rltro'I of what heppens, When I asked him why he objected he said "because I, W tn\ part 0 I :the ~ScusSlon.»

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+When he talked' about his beljef t . ~t :Mrjl;Kar1ll1 not will berepresenting him, regardless of

whether Mr. Sheley acts pro se, he added . rcerully "rim. the one in control of that," once again dearly

indicating his desire to be in control 04 thi gs, . Ii: l, . , .

-When Mr. Smith would not expl n the Jocgnificllnce of the various Supreme Court cases; it ' e,v.e.n;,ua1.~y be~~e cle~' that his reason fo :refuBi~g ,to rs.wet was ~at he was afrai.~ of being wrong. r said you. don t like bemg wrong, do you? . He stated pretty emphatically, "I don't, In any way."

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HIS A~IT0RNEYS: i;r'

. -He said he distrusts Public D~feT1 . ers be$ause:l,thi:lY are appointed by the state and have to

work hand in hand with the judges and wi 1 the p~osecht()rs. However.fie repeatedly stated that he

. believed his attorneys blew more than he'.diatlld!i;couhi probably defend him better than he could do

him, !-Ie also said several times'. that - W . not a~cllsi4g his attorneys of being incompetent or .

unetlncaL. . J1i I' . .

-He stated that his artomeys' rnoti s co ld pr~vent Mr. Sheley from having a speedy trial. He said he ~ad told ,the judge about his desrre 'ora :s~eedy erial, and. st~ted his belief that the attorneys

were using the fitness exam for the purpos of deltyin a speedy mal. .

~He correctly pointed out that ltis torn.db beHhe they can present a better case if gi yen more

time. H Jd 1· 1 h '. ! II: . I" but i lied tl h th h h

. - e WOU, not exp m~ 10W e ran r get ~ PT,l v ate attorney I ut imp 1~ lilt e oug t e .

would be able to do so.' ,,':, I.·'

=He stated that his attorneys will h Vel thd!ladvantElge of having laptop computers and access to the Internet during the trial, and he wonde . d whJther H.e would have access to these if he WM allowed

to defend himself pro se.' ;. . ~Ij;. :f .

-Mr, Sheley spontaneously [old~ ~'WhO'~ to say that my request for a speedy trial isn't just part of n~y strategy'? I know what my strat gyiis, !.llt I ~~ve not disclosed it to an;:one",., I d~n't necessarily want to represent myself, but I ant my casb handled the way I want,

. -At the 09111/2008 hearing, when . corn~lain6d about Mr. Harrell filing motions behind his back,.he spontan~o~sly used the) phrase "r ardlell;, Of.lYs ~ood intent~ll al!d = the lawye~s we;e . delayxng proceedings so that they could pr area bette4 defense.r'which IS clearly my choice, not theirs. "These statements once again indio e his ,~ck of paranoia but his desire to have things done his

Own way. : . .: Ii; . '

3. MR, SHELEY'S DES(,;Rn)TION Q TI'U:iIEYIDEbK;E IN l},lSO;KCOIDS:IY: ] asked Mr, Sheley to describe to me what evidence th· e was'!agaiJst MI. Sheley in the Knox County case) and he listed this evidence as follows (with my no ations I~bout how this correlated to the actual evidence). To briefly summarize, he was 'able to describe . e ev·~encJ against him very clearly and from memory,

-"There is video surveillance of w they peliere is, me with what they bell eve is blood on my Clothing and my person .... They have thre indivi I, uals I~ho gave statements that worked at a gas

station they claim r was present at.')' (11r. e~ey tas r~ported as-being seen on video with blood on

his clothing at Casey's in Sterling, and-at I ' Vee ~riving the truck belonging to Mr. Randall.)

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~"They have a dead body, Th~y h ;ve' an autop~(Y that'indicates blunt force trauma to the

head,') " I " ,

,-"They have DNA evidence" ~hi : he s~d thi,POlice believe links him to 1V1r, Randall's murder. "They have a pickup truck belen :' ng to jrhe v~J?tim that they claim has my fingerprints on the vehicle," (The Festus Police found a Dal Eamhsrdt shir~ with the DNA profiles linked to Ronald RandallMr. Sheley, and several other: vic' ems. The Major Case Squad of St. Louis reported finding a dark blue pickup truck with DNA profiles ,n the ~ab connected to Nicholas Sheley and Ronald

Randall.) , ' " I ',:,

-He told me the police have finger 'rimts t~1ey believe link 1\11" Sheley to the crimes, (Police ,

reported finding a bloody fingerprint in ~ Randall j s truck matching Mr. Sheley.) ,

-"They have another truck belq1,1gi 'g to alcompany out of litock Island they believe is what I ' arrived in Galesburg with. They have bee !bottJck thex!cJrum were removed from that vehicle." Rock Xshmd police reported that a stolen gra5' D tlge Rb tnick, had been located in Galesburg, with beer

bottles inside.) " :: I ':' '

, -"They have receipts from a gas st ':io'n t1iat they believe link me." He then said he did not

mow how the police had gotten those tee ~tSj whether the receipts were actual store receipts found .sornewhere or whether it was information ey o~tained directly from the gas station.

"They have clothing they claim' wa : worn by me. Photos and negatives of various photos of me in the photos, They have footage of a veh r)e'lea ing Qalesburg to get 011 the interstate, plus officers'

reports and investigations." '

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4, CA;J?AgTIES LlS!-D 1 27'2 Wr!llEfu T.he court order dated I'0/27/2008

listed eleven separate capacities I woul\j ne d.to dddresi, regarding whether Mr. Sheley has psychiatric condition which impaired. his ability to:re' sent hlmse!f at trial, addressing specifically whether he has a mental or physical condition which impair: hia aBl1ity to-perform these eleven separate but overlapping capacities. I will underline the items liste by Judge S,t,~WaJi so that it is easier to read this document and distinguish between what I am to asse s and ~y acnial assessment on that item, 1 will then briefly summarize my observations which suppa my bet· ef that Mr. Sheley has each capacity (with much

more detailed observations described abov in su -seotion #2). , "

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A Reviewing voluminous discIDve, : iliJ._:wIflttenj:al1dio and visual ,format: Mr. Sheley reported to.

me that he had read all 7000 pages of tile : Iiee dl'scovery~ RI1d his description of the allegations in thecurrent Knox County case is suggestive th: h~ ndt only read these, but absorbed this large amount of

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m ormation very well," : I, :

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B, Organizing this discover in 'Uc ariing ·"1.11 v.~~_;_ In the first interview, he was able to Jist from,

~1C',anory much of the evidence against him "0 thjslc~se, as well as listing things he is alleged to have d~;le and the charges against him (all from rljtery~, See section #3, immediately above; for a detailed listing

of his description of this evidence, i :, I ,: ,

C. Abilit to think cohel'entI db"!:: b :ely and vJi,tllQut delusiON; At no point in my 7 hours and , 50 minutes with :Mr. S,heleY'did I see etid I ce of f' elusions or psychosis, and I repeatedly observed '

him thinking very coherently. At no point n ~he iote.rview8 did I see him confused on any subject. The

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few times he hesitated before M,$we.ri~g, .iW;i1.S because ht1 was thinking carefully so as to not answer

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incorrectly, ,

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p, Abili ty to nl,.?!iutaiI1J.~m.Qer: ! I only aware of one incident in court in whi ch he was

. disruptive, when he was upset about his at »meys presenring motions he did not approve of In almost eight hours of interview, he did not beco i disruptiveor 8Jr~gry, though he expressed irritation a few. times, both verbally and non-verbally.' H ,w~s never hostile. toward me. He acknowledged that his temper could get the best of him, but ~at' 'e ~s deterrninert to stay in control of his temper because he knows his right to defend himself cou])1 b :.talcen away. In my view, his has the capabiJity cfmaintaining his temper, though it is certainly possible la~ he 'may not actually do so. Even if he does not maintain his temper, it would Mot be because oflmetal: illness, Hut because of personality.

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B. Abi1itYlR recount relevant fac'· , He was ab]e to list the evidence against him from memory,

He described an incident in court in w~icl '!udge ,stew~l"'t made a ruling and then 1\1r. Atterberry tried to add something, and Mr. Sheley' s desciiipti 'n of this incident very closely matched what I read in the

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court transcript, . I '. I I .

F AbilityJ.Q..understul d courtr. tI . ',' lQ,WJ1e.riw. Throughout my two interviews with him, he repeatedly demonstrated excellent cornpre ension of court-related issues. He repeatedly acknowledged that he does not have th~ te I'ht~ic:al'expe±tise his attorneys have,

Q, Ability to maintain focns fa I h ; t a'time!', 1 interviewed him for almost five hours the first

time and then almost three hours the s~co' time, and he maintained focus,

H. Abi i to 'ormulate an ex ress 00 hts in §: cQherent a:qd logical mal1n~, both verbally and-

ill wdttel'l form..;, He repeatedly demonstra i d to me an excellent ability to express himself very .

coherently verbally, I di.d not have him W1 te, but his-written motion and his written court statements.

were· both well done. . , .

1. Proper mgti "j fl to re reseJt h' '. slb1f~ 'r see ~o evidence that Mr, Sheley's moti vation to represent himself is based on any delusion I o~ irrational thinking. There is good reason to believe thJ!J.t ]VIr. Sheley' s mod vation is: largely relajed '. rns r~p~at~d statements that he wants his defense handled

his way. .,

LCQgnition, perce don cOl1ce tra ,'on :and iJ1fQl'm!itiQn p~ng_;_ As described repeatedly above, be can clearly has, these caJ?ab.il~iie:, :

K Ability to think an one' sfeer,: de were numerous instances of Mr, Sheley respondingto

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one: of my questions by immediately picki g up on some nuance 01' complication and then answering

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very carefully so as to avoid saying anJjthi that couldbe used to contradict 'something else he had

said. .

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Judge Stewart's order stated that the defe 'anes technical knowledge is not relevant to such an

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opinion.

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c~urt,ordeII,aJso lists a few other capacities for me' to

e Illinois fitness statute. (There is some overlap with the

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In addition to the above list, the 10/27/200 address, and these are taken directly frdr:n

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eleven capacities described above.)

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-A diagnosis and an ex.pIaILatifJD· t how it was no;a;;hed an4_the facts uJ?OTl which it was ,

l2.M.~ Please see the "Diagnostic Formul .'tian'" sectio:n above 1 which describes Mr, Sheley as having no psychiatric diagnosis relevant to hi~ fi less.

- deseri tion of the defendant's : ental or physical disabi1ity,jf any, and its sevelity. He does

not have any psychiatric, mental, or iI1,tell nual disability. ' '

'-An opinion as to whe" - 1 I Q hat -zteIlURe g.~fendaflr$ mE.iDtaI..OLJf!hY§icgl disaQ,W,ty £QlVRa.res the defend.@.1;S abilit. to under-s'nd the natm;e @d purpose of the QIoceeding$ llgainst him or l.Q_~.SS'jst in his defense, Qr both" Not appli able, because he does not have any psychiatric! mental, or

intellectual .disability. " :!, I, '

-An Qpininn as. to whether ito ,'hat extent ii in~-s the def'endant),~ ability to knowingly £l119

~tly appreCiate hiS right to re Ilfese 'tation'iTl a triaJl and m1];!1"eclate, the right to waive that d.gh_t Not applicable, because he does not h~ve' ' y psychiatdc, mental, or intellectual disability.

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5. COMPETEN ' "110 STAND 'rmA ' A <lltSSMENT INSTRUMENT (CAlh In addition

to the, lists contained in the court order! I 0 aSlabssedMr.,Shele:y on the CAl (often referred to as the

McGa.ny,sc.ale), which I routinely use in ' ' forensic psychiatric examinations, The CAl was written by MeGan:), and Associates in, 1973 and ~as eveloped td deliver clinical opinions to the court in language that would be .useful 'for the cpu and would provide a basis for adequate and relevant communication. The purpose (If the in~ . cent was to standardize the relevant criteria for competence to stand trial (Grisso, 2003, p122). ~,ss '.(2003) stat~~ that the method by which McGan:y and associates arrived at the 13 functions of th leAl Q:ffered nc clear empirical research to support . assessment of these functions, but the *s~ seemed relatively complete in its coverage on a rational basis, The strengths of the CAl-inclllde hi 'usefulness in structuring an interview and its provision 'of sample interview questions and case e~am'les. :rts weaknesses include non-standardized . administration) non-standardized scoriag, mited empirical validation, and no norms. (AAPL, p40)

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List of factors to be evaluated in.detenhlni ig an Individual's competency to stand trial:'

. 1. AppL'.ll.sal of available Ie, al 'ei I g : Though Mr. Sheley would not share his legal strategy with me, I did not find evidence that hik se ret legal strategy is based 00' any delusional thinking, and he I'

clearlyknows a great deal about the legal , stem.' ',..' '

kJ.InniMMeablebehaviors.:lnl st eight hours of direct observation, Mr. Sheley did not

demonstrate any difficult behavior. H~ w cordial, coherent, and well controlled. He certai.nly has a history of temper problems, and he adujritt, to my thathe has some concern as to whether his temper will be a problem) but he is also very dtte, , 'ned 1[0 keep this under control because he does not want his right of self-representation taken away rom him, He does not show evidence of any psychiatric disorder which would render him unable t icontr61 his beha:Yior. In other words, he is capable of, maintaining control, but this does not rb.eru 'he might not become disruptive.

;~._QuaJity of relating to mornets: hroughout long interviews, he dearly demonstrated the capacity to relate appropriately-to me ahd t le correctional officers, to reveal what he chose to reveal, to keep private what he chose not to revea' :,fll)d tq' explain himself ve.ry clearly. He is capable. of

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re atmg to his attorneys, even though he cl oses not todo so,

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4, Plannin~ a_fJ.&gal strategx.;.. 'r, ~hele~i repeatedly demonstrated the capacity to plan

strategy, an_d he lm~ws a ~eat, de~ ab?ut >.e l¢gfl system, He demonstrated a vety clear

understanding o~ ius present srtuanon, I , 'I, I, .

5. Ap.liJL3.1sal of roles: liy repeate dernenstrated his great knowledge of the roles of the

various participants in the courtroom, bel, , e sevhar times spontaneously added his recognition that the attomey~ know much more than Mr. S~e1 I does!:about court proceedings,

9, Undet8taQ"clin§l.Qf court procectu £ B~th in court and in my Interviews with him, he has

demonstrated his .Ul~derstandil1g of co~rt :'ocedllfes... . . '

7 ",Ap12reglJ!ti.Qll..~es: HeJcle 1), demonstrated hIS knowledge of the allegations and

indictment. ,I I I:", .

, 8, Appreciation of ran e and rJtur of potSible' pe:ualties: Several times he told me that he

knows he can re~eive th~ death penaIt.~ 'or 'ife i~ ~r~son 'f?l' these c~ar~e£, . . .

9, Armrrusal of hkely o&\tcome:j .In he f:tl:s:t interview, he said "I believe that If the state has as much eVid. ence as they say, the outcome \: ,1.] be nlP different whether I have a speedy trial or a long,

ell'awn out proces~ as fm',as guilty or n+ ,~lty.:' ~ " ,

, ~p-ac1ty to disc10seJQ at. . aJ a, e ertl1[len~ facts s}JO'Q1Judnm th~offense: Mr,

Sheley repeated demonstrated his capabty '0 dis lose those pertinf-lut facts that he chose to disclose, Mel he spoke very consistently and ratil na y thr ughoue the interviews.

11. a ac't t . 'e, os· ut in witJesse$[ef!l\s6cllily.. He repeatedly demonstrated the

. capacity to challenge statements with Whi ~ he ditagr.eed~ including recognizing subtleties in phrasing of

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questions. 'I I [, "

12, Qa~ac1ty tQ teg;tify reJevantlU.;. ,e rePf<ltedly demonstrated his capeciry to talk coherently

and relevantly at great length. 1 I, 1: ,

13. Self~defeating vel'st);; self-s rvi' modv2ltion: }v1I. Sheley certainly appears to be motivated

to achieve whatever he perceives is in ilis est int&rest. ",

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'6. DISCUSSION REGARDING T!lE SE DErE~SE! The court does not need an

ex tensi ., ~-evie,w of the case law.on th9 i8. is e of t~1e pro. se def~nse, "' : will just make a f~w commel:t$ here from the literature that I reviewed) U law dbes not reqU1re criminal defendants to use lawyers m criminal proceedings, and trial cOllrLsdo n It cons~~der ille defendant's lack of skill or technical legal kno~le?gc: to be relevant beca~se it is i~e ~f~ndtnt who will experience the <.;onsequences of a , conviction (AAPL, 2007, pS 18). Even1 m pital cases, defendants who are competent to stand trial 'and who knowingly, intelligently, and tol 1 ta:ri.ly!\waive the right to an attorney are entitled to represent themselves (Sherwood versus state, 7117 N "',Zd 867, Indiana, 19991 quoted i1'1 AAPL, 2007, pSIS). The Rhode Island ~~prel?e Co~rt SUggfSl :l~at ~1e trial ,CQ~t should con~jder: the defendant's,

, background, experience, behavior at the h ng, fge, education, and physlcaland menta] health, the,

defendant's contact with ~avr.ryers befor? t11 hear:~lg; th~ defendant's know~0dge of ~e pr~cedi~gs and the; sentence that may be: imposed; wh~the sta~d~!Y counsel has been appointed and 18 available: whether mistreatment or coercion have) oc: . xredi~. nd whether the defendant is trying to manipulate the events of the hearing. (State versus Bljgg .787 :_2d 4~9; Rhode Island, 2001, quoted in ~L,

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2007 ~ pS 19), There us very httle zese U"C garding mental health evaluations of felony defendants

seeking to defend themselves, '

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,7. INDIANA VERSUS ED'WARDS: T e US Supreme Court held in June 2008 that "the United' States COI1Stitu~Ol~ permits stat~s to i~'iS hpon representation by counsel for those who are competent, enough to stand mal but who st111 suffer f bm severe mental illness to the point where they are not competent to conduct trial proceeding' b themselves." The court reviewed previous cases, including Dusky" Drope Godinez, and Faretts, ~~J~ oted that 'Itlli£ Court's precedents frame the question presented, but they do 110t answer it.'; ~h ~ noted several considerations that 'leap, the court to their conclusion) including information oite~ .. fr jm the amicus brief filed by APA and AAPL that stressed that "the nature of mental illness is not un{qr . but varies in degree and varies over time and tan interfere with an individual's functioning at differe t times and.i~ different ways," Amici noted that in,dividuals ma~ ~aye s~me' compe:encles and not pm ·8" The aI1UC1.noted that the defendant must; sustain through

,1 difficult mal "extensive abilities to Kp: late and communicate coherent thoughts," especially because

they are cornrnunicaringwrth persons f~1 ~o not nec~ssr:u~Iy hav~ the best interest of the d~fendant at heart, They must also control the orgamz 'on and content of their own defense, mak.€! motions, argue points of law, participate in voir dire, ue tion witnesses, address the court and the jury, and make

many decision. They need pervasive irill ' 'lIs and concentration. The pro se defendant must also be aware that statements they make caul .be erceived by a jury as testimony 'which could potentially be harmful to their case. (Amicus brief, pi 0-, 1),

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£...MJ~Uii Buchanan 20 \5) argues that the sericusness of the charge should be taken into account when assessing-co 'pe nee of criminal defendants, with psychiatrists seeking a greater level of confidence before sug est' g that a defendant is competent, though he acknowledged

that not ali authorities agreed with this po rion. '.

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Bonnie (1992, 1993, q~oted in cruise~' 19_ 8) proposed :that competence should not be viewed as an

open textured construct but as two tel" ed onstructs: a-foundational concept of competence to assist counsel (consisting of three capacities) , ii, c.ontextUt~Jized concept of decisional competence, which is more controversial andcontext-specific han competence as to assistcounsel. Bonnie argued that. the di versity of decisions implies that the drit . a for decisional competence should vary by context and . depend on the balance between client Juto tomy and the State's interest in reliability. Wh~.(1 the defendant disagrees with his attorney,~ec' 10na1 competence warrants special consideration. (Bonnie, 1992, 1993, quoted in Cruise, 1998)

~ REFERENCES~ Sue,han,an, Alec, Competency t\ S . nd Trial and the Seriousness of the Charge, Journal of the American Academy of P:'lychiatry and heaw, 34:458~'6S, 2006,

Cruise, Keith R, and Rogers, ':iich d, an ,Analysis of Competency' to Stand Trial: an Integration of Case .Law and Clinical' 0 ledge, Behavioral Sciences and the Law, 16,35-50,1998.)

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Grisso, Thomas, Evaluating C' IT.! tencies: Forensic Assessments and Instruments, second

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edition, 2003. "

Indiana v Edwards, Supreme roi of the United States, Indiana, petitioner, versus Ahmed Edwards, No, 07-208, Argued 03/261 00, ) decided,06fl9/2008.

, Mossman D, Noffsinger SG, +~h ~ er al: AA:0,.. Practice Guideline for the Forensic

Psychiatric Evaluation of competenc~ to tand Trial, Journal of the American Academy of psychiatry and the law, 3~ (supplement): 83,-72,200 '. (Referred ~o in this report as AAPL, 2007).

E t:T1 N 10: ' I nS'1Q~

1) It is my opinion, within ill as nahle degree of psychiatric certainty, that Mr. Sheley is tit to stand trial, fit to waive counsel, and f to efend hims~lf pro se, Please see the lengthy "Discussion" section (Section 9)1 'immediately abovb, f ,details, Mr, Sheley does not appear to have any psychiatric illnesses that would be relevant! and 6 eer does not have a psychiatric disability.

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2) As per the court order, my rep' rt is being sent to the court, the state.and the defendant's

counsel. b '

. . 3) Mr. Sheley ask~d me ;,,,,e:' ~I t . es d"ring the first interview whether I would send him a

copy of my report. I explained that, thl corder did.not state that I was to send a copy of my repo~:, but told hint that I would p~t a~ot , at the e~d 9f my report stating that Mr. Sheley had

specifically asked that a copy be g:t.ve~ di· cUy to him, . ' .

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4) There is no. information cd t ' '.'tld in this report which would be harmful to rhe defendant if made known to him,

Re3pecmu~~_d~

Terry M. Killian, M.D. I

1020 South Fifth Street, Springfield, ' 2703, .

Clinical Assistant Professor of Psychi: try, Southern Illinois University School of Medicine

TMI~ (dictated on Dragon Naturally Sri e 'g)

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