Presence of mental disorder undisputed but conduct cited in affirming sentence.

People v. Thompson, April 10, 2006

Supreme Court of Illinois

Docket No. 97373

The court upheld the death penalty of a 63-year-old man with a documented mental disorder, noting that his behavior throughout his arrest and crime suggested a continuing threat. Only the dissenting justice suggested that the defendant's conduct, which was markedly different from in the past, might have been a manifestation of the mental illness.

The court cited Curtis Thompson's courtroom statements that he would continue to be violent if given the opportunity. He showed a "shocking lack of remorse," expressed regret for not being able to shoot jailhouse employees and said that "more people were going to get it when he got out."

"Given that a defendant arrested for a capital crime has every incentive to behave flawlessly while incarcerated because good behavior might cause a sentencing authority to spare his life," the majority wrote, "it is truly remarkable that the defendant continued to be abusive and belligerent. It indicates that the trial court justifiably concluded that defendant remained a serious danger to others, even in a prison setting, and that executing him was the only means of eliminating the threat to prison staff or other inmates."

The aggravating factors the trial court found were that Thompson had murdered a police officer, had murdered two or more people (a married couple as well as the officer) and had perpetrated the murders as part of a home invasion.