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IN THE CIRCUIT9CFOR. THE :zo-Jtv . laIr
THE PEOPLE OF THE STATE OF ILLINOIS,
VS.
Mar\l Lo cl.&
COUNTY, ILLINOIS
) Plaintiff, )
) No. ) )
Defendant. )
FILED Sf. CfAIR COUNTY
JUDICIAL CI
ORDER AT CONCLUSION OF DISCHARGE HEARING WITH PROVISIONS FOR ACQUITTAL OR EXTENDED TREATMENT
This cause having been heard at a Discharge Hearing pursuant to 725 ILCS 5/104-25 for the purpose of determini~g the sufficiency of the evidence with:
~The defendant present ~tate's Attorney/assistant present [Sd'befendant's attorney present oThe defendant's presence waived pursuantto 725 ILCS 5/104-20(a) and 725 ILCS 51104-16(c),
,. And this Court having heard the evidence hereby finds :
Not Guilty d a reasona gment of acquittal is granted.
This finding doe e tate from requesting the civil courts to commit thedefen artment of Human S er the provisions of the Mental Health and Developmental Disabilities Code [405 ILCS· 511 00 et seq.).
N. Not Guilty By Reason of Insanity .'f' The defendant is not guilty by reason of insanity. Judgment of acquittal is granted .
Further proceedings shall be governed by the statute on Proceedings after Acquittal by Reason ofInsanity. 730 ILCS 5/5-2-4.
The defendant is remanded to the Department of Human Services (DHS) for an evaluation as to whether he or she is subject to involuntary admission or in need of mental health services. · DHS shall provide the Court with a report of its evaluation within 30 days of the date of this order. .
~The evaluation shall be conducted on an inpatient basis. The defendant shall be placed in a secure setting until anJd'uring the evaluation process. After the evaluation and during the period of time required to determine the appropriate placement, the defendant shall remain in jail. Upon completion of the placement process, the sheriff shall
I \ be notified and shall transport the defendant to the designated facility.
o The evaluation shall be conducted on an outpatient basis. The Court determines that there are compelling . reasons why placement in a secure setting is not necessary. The defendant shall report for the evaluation as the Department of Human Services directs. The defendant must appear in court upon notice.
A hearing under the Mental Health and Developmental Disabilities Code to determine if the defendant is subject to invol~tary a~ssion, . in need of mental health seTVices on an inpatient=SiS, in need of mental health services on an outpatIent basiS, or not mneed of mental health ServIces shall be held on: ~..- 2 3--- '20fl at &:4B -.A.m.
Not "Not Guilty" ____ . ' ed on a standard of proof beyond a reasonable doubt, no acquittal should ~te~this Court. The
defendant is not found "Dot gu. . t of acquittal is entered. __---
The defendant is ordered to undergo an extended t eatment. . ILCS SI104-2S(d), the maximum period of this ex tended treatment is calculated a ear from the date of the original finding 0 the extension authorized by the statute. . rdered to undergo treatment for a period that shall not exceed:
___-"--__.,..,,.........,..-.,.--" 20_. _ . (insert specific dale)
12109
St. Clair County, Integrated Criminal Justice System - Court Order
2,
wt shall transmit to the provider of treatment a (1) ace
lfNot "Not Guilty," complete A or B.
A. If this is an extension of an existing order of treatment:
1. The current treatment order is: Continued
D o ' with the following modifications: ______________________
2. This case is set on the day of , 2 :-o~t~_________ .m. for: D The next "Ninety-Day Hearing" to reexamine the issue of the de e . A progress report is to
be fIled 7 qays prior to the hearing. D A status or pretrial hearing D Otherhe~ing : _________________________ ______________
~!der of extended treatment is the first order for treatment:
1. The defendant is placed: e supervision of: o in the custody of: D The Department of Human e . D (other facility or treatment program) ___-=........,,:--______________
11 place and maintain the defendant in a suitable treatment . ity or program as an: Dill ·t 0 outpatient .
D 3. [This must be checked ijmental unfitness AND ifplaceme rdered with DHS.] The cowt has considered the issue of as e setting and orders:
D Defendant shall be placed in a secure setting. D Due to compelling reasons, the defendant is not ordered placed in a secure setting.
D 4. The e t shall remain in jail during the period of time required to dete . e the appropriate placement by the provider of treatment. Upo completion of placement determination, the provider of trea nt shall notify the sheriff who shall transport the defendant to the . ated facility. .
D 5. For a defendant not in jail: o The defendant shall report as ed by the provider of treatment. D The defendant shall be held in the j' uring the period of time required to determine the ap
tplacement by the provider of treatment. Upon the com 'on of placement determination, the provider of treatnl shall notify the sheriff who shall trmsport the defendant to the 'nated facility.
6. Pursuant to 725 ILCS 5/1 04-17( e) and within 30 days of the entry 0 . order, DHS or other facility or treatment program file with court, the State, and the defense a 30-Day Report (also c an "Admission Report" or a "17(e) Report"). Pursu 725 ILCS 511 04-18, the treatment supervisor shall submit timely n progress reports to the court
This case is set on the ---,,----..,_-:--=:-__-:--" 20_ at ' 'Ninety-Day Hearing" to reexamine the issu
while the defendant is rece"
7. ______ [Per statute: not more /han 90 days from the
unfitness. 725 ILCS 51/04-20.]
8. Per 725 ILCS 5/104-17(d), the clerk of the circ ' copy of the order to undergo treatment; (2) the county and munic 't in which the offense was committed; (3) the county and municipality in which the ~est took place; (4) a copy of the ~est re criminal charges, ~est record, jail record, and the report prep~ed under Section 104-15; and these additional items (if any):
D 9. The 0 clerk D prosecutor 0 defense attorney is to provide a copy of this order to the 0 treatment provider 0 sheriff,
Date: _.lU,,'------____OI£.!........>OJ'---, 20fl
12109
Judge of the Circuit Court
St. Clair County, Integrated Criminal Justice System - Court Order
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
ST. CLAIR COUNTY, ILLINOIS
People of the State of Illinois, FILED ST. CLAIR COUNTY
Vs. 16-CF-4S4 'j. JUN 2 9 2011
Mary Lockett,
Defendant. 59
ORDER
This cause coming before the Court; the Court being fully advised in the premises and having
jurisdiction of the subjectmatter; the Court finds the parties appear for trial. The defendant is in open
court and with her counsel, Greg Nester, waives her right to a jury trial and stipulates to the following
evidence:
a. On April 10, 2016, at approximately 2:30 p.m., Officer MIChael Sullivan of the Dupo Police
Department and Dupo EMS were dispatched to the home located at 105 North 9th Street, Dupo,
.st. Clair County, Illinois, in reference to an unknown age female, not conscious and not
breathing. Upon arrival, Officer Sullivan met with an adult male, Erik Kirk, who was holding
down a nude, white female, later identified as the defendant, Ms. Lockett, on the floor of the
living room/kitchen area.
Next to these two adults, Erik Kirk and Mary Lockett, was laying a female child later identified as
Emily Perrin, date of birth 4/11/11, making her 4 years old at the time.
Mr. Kirk yelled to Officer Sullivan, "I've got her (meaning the defendant); help the little girl, she's not breathing:)
Officer Sullivan attempted CPR and observed Emily to have blue lips, bruising to one eye, and
bruising to her neck.
Erik Kirk was having trouble detaining Mary Lockett, who appeared to be reaching toward Emily,
so Officer Sullivan took Emily outside the house to continue CPR efforts.
Dupo EMS arrived. Emily was rushed to the hospital, where she was pronounced dead .
b. Inside the house, the defendant was overheard making the following statements;
liThe dark angel has come ."
"Jesus is no more."
"I'm going to kill anyone who comes through the door."
"The dark angel doesn't even walk on the ground."
c. Erik Kirk told police that he had left the residence'at 109 North 9th Street, where he had been
staying with Mary Lockett and her two young children, Ethan and Emily. At that time, Mary
Lockett was in the back room of the house, smoking weed. When he returned, he saw Mary
Lockett lying on top of Emily. Mary Lockett had her hands cupped around Emily's nose and
mouth and pulling Emily's head towards her chest. He pushed Mary Lockett off Emily and
began CPR. Mary Lockett paced back and forth, saying, "I'm sending her to Jesus.", "Jesus is
. coming to take her.", and "Everyone knew this was coming."
He called 911.
d. A second child in the house, Emily's brother, Ethan Perrin, date of birth 1/1/08,8 years of age,
was seen by police standing in the doorway of his bedroom. He told police on scene, "J seen my
mom laying on top of my sister. My sister was not breathing. I think my mom needs to go to
jail."
e. Mary Lockett was transported to Touchette Regional Hospital, where she made spontaneous
statements, including the following:
"I killed Emily."
"Emily was the problem the whole time."
"Erik Kirk was there. He did this."
"God told me to do it."
"I tried to drown myself in the bathtUb."
"Ethan stopped me and told me it was ok."
f. Ethan Perrin told a Child Advocacy Center interviewer that:
"Emily was on the ground playing with her dolls."
"Mom got on top of her. She put her hand on her mouth and it was tight."
"Erik was not home. When Erik got home, he called the police and was crying and talking to my
mom ."
g. An autopsy was performed by Dr. Mary Case, M.D. Her opinion of the cause of Emily Perrin's
death was asphyxiation.
St. Clair County, Integrated Criminal Justice System - Court Order
h. Dr. Daniel Cuneo, Ph.D. is an expert in the field of clinical psychology and would testify
consistently with his report, dated December 19,2016. Dr. Cuneo examined the defendant,
reviewed the file and opined that the. defendant, Mary Lockett, was suffering from a mental
illness(Bipo/ar I Disorder, Most Recent Episode Depressed, Cannabis Use Disorder in Controlled
Environment, and Borderline Personality Disorder) which substantially impaired herability to
appreciate the criminality of her conduct at the time of the alleged offense. She was acutely
psychotic at the time of the alleged offense and was not taking her medication as prescribed.
Therefore, it is his opinion that Ms. Mary Lockett was legally insane at the time of the alleged
offense.
i. Further, Dr. Brooke Kraushaar, Psy.D. is an expert in clinical psychology, and she examined the
defendant as well as reviewed the file and she opined that the defendant was not guilty by
reason of insanity, in that she was legallyinsane at the time of the alleged offense.
Pursuant to said stipulation, the Court finds that the defendant is not guilty by reason of insanity.
Pursuant to 730 ILCS 5/5-2-4(a), the Court orders the defendant remanded to the Illinois Department of
Human Services for an evaluation as to whether she is in need of mental health serVices. Defendant is
to be kept In a secured setting. DHS shall provide the Court with a report of its evaluation within 30
days of the date of this order.
The above matter is set for hearing pursuant to 730 ILCS 5/5-2-4(a) on ~t z.q 2.J:j7 at
-,8~>-=-=-{.s~---16./p.m . to review the DHS evaluation for proper proceeding after entry of the above
findings.
The defendant is admonished that, pursuant to 730 ILCS 154/5, the defendant must register as a
Murderer and Violent Offender Against Youth for her natural life.
ORABLE ZINA CRUSE
DGE OF THE CIRCUIT COURT
ST. CLAIR COUNTY; ILLINOIS
SI. Clair County , Integrated Criminal Ju'stice System - Court Order
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
ST. CLAIR COUNTY, ILLINOIS
FILED People of the State of Illinois, ST. Cl,AJR COUNTY
JUN 29 lOl7Vs. 16-CF-4S4
Mary Lockett,
Defendant.
ORDER
This cause coming before the Court; the Court being fully advised in the premises and having
jurisdiction of the subject matter; the Court finds, pursuant to 430 ILCS 65/1.1{31, the Clerk to notify the
Illinois State Police, FOlD Unit, of a finding of Not Guilty by Reason of Insanity.
Assistant States Attorney
ST. CLAIR COUNTY, ILLINOIS
SI. Clair County, Integrated Criminal Justice System - Court Order
GE OF THE CIRCUIT COURT