Robert Cloutier

Timeline

• February 1, 1990 — Robert Cloutier was arrested after being identified as the perpetrator of attacks on two women, Susan Bradford and Elizabeth Halili, and after he was suspected of involvement in the disappearance of Cynthia Cooney.
• January 27, 1990 — Cloutier went to the Huggery on the evening and left with Alice Cogler at about 9 p.m.
• January 28, 1990 — Cloutier attacked Susan Bradford in an alley after taking a covered-up body from the backseat of Alice Cogler’s car.
• January 29, 1990 — Cloutier met Cynthia Cooney at Panama Sid’s and later drove in her car to Summit.
• January 30, 1990 — A jury returned a guilty verdict against Cloutier for the murder and aggravated criminal sexual assault of Alice Cogler; on Tuesday, January 30, Albina Cooney received a call from Jack McDonald about Cynthia Cooney.
• January 31, 1990 — A cashier, April Haynes, was robbed at a Keane Gas Station located at 5458 West 55th Street.
• May 6, 1991 — Dwayne Sundberg, a clerk in Judge Karnezis’ courtroom, testified at Cloutier’s resentencing hearing.
• July 26, 1991 — Sundberg also witnessed Cloutier plead guilty to the murder and aggravated criminal sexual assault of Cynthia Cooney.
• August 9, 1991 — Cloutier was received from the Cook County Jail and remained in the custody of the Illinois Department of Corrections until January 9, 1995.
• December 14, 1984 — Cloutier received his G.E.D. degree.
• December 22, 1989 — Cloutier was released from the Illinois Department of Corrections.
• October 28, 1989 — Springfield Police Officer Robert Crouch stopped Cloutier after observing Cloutier standing over Loretta Lynn Kinnoy holding her collar and hitting her in the face and head with a large chain.
• March 30, 1983 — Cloutier entered the Illinois Department of Corrections where he was serving four 12-year sentences for armed robbery and a three-year sentence for theft, concurrently.
• September 7, 1989 — Cloutier was paroled.
• October 7, 1983 — Chicago Police Officer Kenneth L. Abels patrolling 47th and Archer observed Cloutier driving a 1979 Ford LTD that led to a chase and a collision; Cloutier was arrested, and the dispatcher reported the car was stolen three days earlier.
• November 17, 1983 — Linda Healy was working at a White Hen Pantry at 2600 West 51st Street when Cloutier robbed the store at gunpoint.
• November 21, 1983 — Faith Howard testified (by stipulation) that Cloutier displayed a gun, demanded and took money from a 7-11 store at 5325 South Kedzie.
• November 23, 1983 — Richard Sparks was at the Foremost Liquor Store at 35th and Damen to pick up a 12-pack of beer when Cloutier approached from behind, pulled out a gun, and told him to put his money on the counter.
• December 7, 1983 — Michael Szot was working as a cashier at a Keane Gas Station at West 55th Street and Linder when Cloutier entered and demanded money while an accomplice stood by the door.
• January 6, 1990 — Barbara King was working as a cashier at an Amoco food shop and gas station at 6751 West Archer when Cloutier robbed the store.
• January 20, 1983 — Robert Cloutier was named as meeting Maria Goodman at the Huggery Lounge and Twilliger’s, and later arriving uninvited at her home between January 21st and January 26th; on January 28, he returned and Maria described his early arrival.
• January 20, 1990 — Dorothy Niewiadomski was a cashier at a Jewel Food Store at 5320 South Pulaski when Cloutier pressed his body against her, put his hands on the register drawer, and told her to give him money because he had a gun and would kill her.
• January 26, 1990 — Cloutier purchased candy at a Cupboard Liquors store at 4101 West 47th Street when the register opened; when the drawer opened, he reached into the register to grab money but a woman slammed the cash register drawer on his hand.
• January 27, 1990 — Cloutier described killing Alice Cogler after meeting her at the Huggery.
• January 28, 1990 — Cloutier robbed Elizabeth Halili at Clark Gas Station at 5458 South California, and attacked Susan Bradford.
• January 29, 1990 — Cloutier entered a 7-11 store while Mary Finn was working.
• January 30, 1990 — Mary Finn’s store robbery occurred on January 29, 1990, and Cloutier later proceeded to drive Cynthia’s car around for a few days.
• February 1, 1990 — Oak Lawn Police Officer Thomas Scott observed Cloutier at approximately 99th and Pulaski and stopped him; Cloutier told the officer different names and was later transported and interviewed.
• May 25, 2000 — An opinion was filed affirming the judgment dismissing Cloutier’s post-conviction petition without an evidentiary hearing.
• November 29, 2000 — A clerk was directed to enter an order setting Wednesday, November 29, 2000 as the date on which the sentence of death was to be carried out.
• January 11, 2003 — Illinois Governor George Ryan announced the commutation of death sentences; Cloutier’s sentence was commuted to life.

Background

Robert Cloutier was convicted of the first degree murder and aggravated criminal sexual assault of Alice Cogler. He later pled guilty to the first degree murder and aggravated criminal sexual assault of Cynthia Cooney.

Mary Laughlin’s daughter, Alice Cogler lived with her in January of 1990 and had one daughter, Mary Kathleen McGee, who lived with her father. Alice worked as a bartender at the Huggery, a neighborhood tavern at Archer and Kostner, and had known her fiancé, Jack Lapice, for a little over two years. A broken fan belt existed in the back floor of the car Alice was driving, which Jack replaced; Jack also observed the car interior was clean and there was no damage in the area of the front sun visor or to the roof of the car. On Friday, January 26, 1990, Mary called Alice to come pick her up from work; Alice arrived about ten minutes to ten, went to the bar to wait for her mother, and after Mary finished work, they had a few drinks in the bar and then went home. The next morning, Mary did not see Alice but heard her say, “I'll see you later, mom,” as she was leaving for work. On Sunday, January 28, Jack called Alice’s mother to see if Alice was at home but Mary had not heard from her, and on Monday morning Mary went out to look for Alice after Alice had not come home and had not called. Mary spoke to the owner of the Huggery who told her that Alice did not show up for work on Sunday. Jack and friends continued their search for Alice over the next several days; Mary and other family members began searching and filled out a missing person report.

In January of 1990, Cynthia Cooney was thirty-four years old. She had been a pharmacy apprentice for Walgreen's Pharmacy for ten years and her sister Albina Lavery’s best friend. On January 29, 1990 between 7:00 and 8:00 p.m., Cynthia’s friend Pamela Shanks met her at Panama Sids at Archer and Sacramento. Shanks and Cynthia left to go to a friend’s house and returned sometime between 10:00 and 11:00 later that evening, when Cloutier was present and playing darts. Shanks observed Cloutier drink approximately four beers, and Shanks stated Cloutier appeared friendly and nice, without behavior that caused alarm. Cynthia did not drink. During the evening, Cloutier made a telephone call, asked Shanks if she could give him a ride to pick up his car, and Shanks said, “no.” Cloutier asked another woman for a ride and then asked Cynthia; Cynthia asked if Shanks thought she should give Cloutier a ride, and Shanks responded she would wait at the bar after Cynthia decided to give Cloutier a ride. Shanks said the bar closed at 2:00 a.m. but she never saw Cynthia again, and the last person Shanks saw Cynthia with was Cloutier. On Tuesday, January 30, Albina received a call from Jack McDonald, Cynthia’s boss, asking if Albina knew where Cynthia was because Cynthia did not come in to work nor did she call, which was unusual for Cynthia. On Thursday, February 1, Albina was told Cynthia had been found and remained at the police station most of the day; at approximately 4:00 or 5:00, a sergeant told Albina that Cynthia was dead and that her body was going to be removed from the river; Albina’s father identified Cynthia’s remains in the morgue.

At the time of Cloutier’s resentencing hearing, witnesses described multiple other crimes committed by Cloutier around 1983 and early 1990, including robberies and assaults. Cloutier entered the Illinois Department of Corrections on March 30, 1983 where he was serving four 12-year sentences for armed robbery and a three-year sentence for theft, concurrently. He was paroled on September 7, 1989 and returned to the Illinois Department of Corrections on October 28, 1989 for a violation of parole terms. He was released on December 22, 1989. During his time as an inmate from March 30, 1983 to September 7, 1989 and from October 28, 1989 to December 22, 1989, he received a total of 52 disciplinary tickets from correctional personnel. While an inmate from August 9, 1991 to January 9, 1995, Cloutier received a total of five disciplinary tickets. Disciplinary tickets were written for each incident and sent to a prison disciplinary committee, with disciplinary action ranging from verbal reprimand, denial of commissary privilege, segregation and/or loss of good time imposed. The parties stipulated that Cloutier received his G.E.D. degree on December 14, 1984 and had earned 12 hours of college credits as of his release on December 22, 1989.

The offence

Alice Cogler

Cloutier admitted to police that he killed both Alice Cogler and Cynthia Cooney. He gave court-reported confessions about the killings in the presence of a court reporter and disclosed where their bodies could be found.

Cloutier described going to the Huggery on the evening of January 27, 1990. He said that at about 9 p.m. he left the tavern accompanied by Alice Cogler. He stated that Cogler performed oral sex on him, and they later returned to the Huggery where they remained until closing time. He described proceeding in Cogler’s car to the vicinity of Rose Meat Packing Company in Chicago, where he and Cogler engaged in consensual vaginal and anal sex in the back seat. He stated that after having sex, they held each other for a few minutes. He said he began choking Cogler with his hands and, after determining Cogler still had a heartbeat, he wrapped a fan belt found in the car around her throat and squeezed until Cogler’s lips were blue and he could no longer detect a heartbeat. He said he covered the body with some clothing and left it on the back seat, and later transferred the body to the trunk and abandoned the car.

He described proceeding to a 5:00 o’clock bar called Mr. Charlie’s after covering the body. Cloutier said he had beers at that bar, and after it closed, he left with a guy named Jeff and his girlfriend. He said they went to a liquor store to buy more beer. Cloutier stated that Jeff’s girlfriend attempted to get into the backseat but he told her his friend was sleeping there so they would all sit in the front. He said that after buying beer around 63rd and Oak Park, they went to Jeff’s mother’s house around 53rd and Kedvale and he stayed between 45 minutes to an hour and a half with Jeff, Jeff’s girlfriend, Jeff’s mom, Jeff’s mom’s boyfriend, some other people, and “a broad named Sue.” He said that when he left about 6:00 a.m., he took Sue with him. Cloutier stated that he pulled the car into an alley behind some apartments and that “he started kissing on her and playing with her” and after “afew minutesof that, shefreakedand ran outof thecar,” and he drove away with Alice’s body still covered up in the back seat.

Cloutier stated that later that morning he parked the car about a block and a half away from 50th and Oakley. He said he went to a woman named Marie’s house to have breakfast with her and her son, then returned to the car, drove around, later put Alice’s body in the trunk, parked the car behind a barbershop on Archer and Nashville, took a bus downtown, and never returned to the car.

In his court-reported statements regarding murdering Alice, Cloutier provided additional details. He stated that on January 27, 1990 at about 8:00 p.m., he went to the Huggery tavern at Archer and Keeler, stayed about an hour, and left with Alice. He said they went to the parking lot by the Miami Bowl down the block where they kissed and Alice performed oral sex on him, and then they returned to the Huggery and stayed until closing time. He described leaving with Alice and driving to a little side road that goes into Rose Meat Packing Company, where they had vaginal and anal sex in the back seat. He stated that afterwards, they were holding each other with Alice’s hands on his back when he “just started hitting it, choking her” with his hands. He said Alice did not struggle, and that “Her “[e]yes got big, she looked at [Cloutier], and that was it.”” He stated he “put his ear on her and listened to her heart to see if she was still alive,” and upon hearing her heartbeat, he picked up a fan belt, “wrapped it around her throat and squeezed it.” He said he was “pretty sure she was dead because her lips turned blue.” He stated he covered her body with her clothes and his jacket and then proceeded to Mr. Charlie’s at 5:00 o’clock. He stated that the bar closed and he left with Jeff and Jeff’s girlfriend, and as they bought beer and went to Jeff’s mom’s house, he said he told Jeff’s girlfriend not to get into the backseat because his friend was sleeping there. He then left around 6:00 a.m. with Sue, and after she ran out of the car, he drove away with Alice’s body still covered in the back seat. He then later moved the body to the trunk and parked the car behind a barbershop on Archer and Nashville, then took a bus downtown and never returned.

Officer accounts described what was found after Cloutier directed investigators. Detective William Drish and Frank Connolly of the Chicago Police Department went to the Oak Lawn Police Department on February 1, 1990 to interview Cloutier regarding various crimes. Officer Tom Scott informed the detectives that after special bulletins regarding Cloutier, he observed Cloutier at approximately the 9900 south block of Pulaski Avenue, placed him under arrest, transported him to the station, and contacted the Chicago Police Department. Prior to transporting Cloutier to Area 3, the detectives took possession of some of Cloutier’s personal items recovered from his person, including a pack of cigarettes and some keys, along with a Miranda form signed by Cloutier. At Area 3, the detectives and Cloutier had lunch while another detective was sent out with one of the recovered keys to the victim Alice Cogler’s car. Cloutier told the detectives the car was located behind a barbershop at approximately 6509 South Archer Avenue and that Alice’s body was in the trunk. Cloutier also gave details about killing Cynthia Cooney and told them she was in the Des Plaines River in Willow Springs and that he dumped her body, and he told them where her car was located.

Officer Thomas Bachelder, working as an evidence technician in the crime lab mobile unit, went to 6509 Archer Avenue with his partner on the afternoon of February 1, 1990. He observed numerous police officers and detectives and a two-door sedan with a light colored top and a dark brown bottom. Bachelder spoke to Detective Drish who informed him that the trunk possibly contained a body but they did not have keys to the trunk itself. Bachelder drove the car to Area 3 Police Headquarters. At Area 3, the officer forced open the trunk and found Alice’s body with her arms and legs spread apart, naked except for a pair of white socks, a watch, and a fan belt wrapped around her neck. Bachelder described bruises on Alice’s face and ligature wounds around her neck. He observed a large amount of blood and fecal matter around her vaginal area and, when removing the body from the trunk, he observed deep redness on her back and blood and fecal matter in the anal area. Mary later received word Alice had been found and identified Alice’s remains at the morgue.

Dr. Barry Lipschultz, deputy medical director with the Cook County Medical Examiner’s Office, performed post-mortem examinations on Alice and on Cynthia. Alice measured four feet, eight inches and weighed 95 pounds. Both women had blood pooled in the white part of their eyes, bones broken in their neck and lower throat area, and bitten through their tongues. Dr. Lipschultz concluded that the cause of death for both women was strangulation, stating Cloutier cut off their oxygen supply by continuously compressing or squeezing their necks for approximately five minutes before each died. Alice had a large amount of blood and fecal matter around her vaginal area and bruises and abrasions were described at trial on her face and other areas, including forehead, elbow, knees, and thigh. The fan belt was still around Alice’s neck when her body was found, and Dr. Lipschultz concluded strangulation from evidence including the fan belt and other injuries.

At Cloutier’s trial, Mary read her victim impact statement to the jury as part of aggravation presented against Cloutier.

Cynthia Cooney

Cloutier stated that he met Cynthia Cooney on the evening of January 29, 1990 at Panama Sid’s. He said they left together at 12:30 or 1 a.m. and drove in Cooney’s car to Summit, Illinois. He said they engaged in vaginal and oral sex. Cloutier related that they held each other for a while and he started to choke Cooney with his hands. He said that when he believed Cooney was dead, he drove to Willow Springs and disposed of her body in the Des Plaines River. He also directed investigators to the location where he stopped the car to avoid being seen by passing traffic.

At the location where Cooney’s body was found, investigators observed Cynthia’s Levi’s and tan-colored leggings on one of the girders of the bridge located over the river. Cloutier told them he had thrown clothes over the railing thinking they had gone into the river with her body. Detectives proceeded down the embankment to the water’s edge and found Cynthia’s body in a shallow part of the water. When the fire department recovered her body from the river, they observed she was wearing a black knit sweater with a portion of a camisole underneath and was naked from the waist down. Investigators described an object protruding from her mouth which, on closer inspection, they found to be a woman’s brassiere stuffed down her throat.

Investigators also found Cynthia’s car. Cloutier directed them to where her car was located and provided details about where he stopped the car. When detectives left the area of Cooney’s body, they proceeded past the William’s Chalet where Cloutier stayed after he murdered and disposed of Cynthia, and continued to approximately 7650 Lincoln where Cloutier showed them the viaduct under which he had stopped in the car and murdered Cynthia at approximately 2:00 a.m. on January 30, 1990. A key recovered from Cloutier was found to be the ignition key of Alice’s car. Cynthia’s car had a footprint removed from the windshield inside, and that footprint was later determined to be Cynthia’s after being compared to a footprint obtained from Cynthia at the Cook County Morgue.

Cloutier’s confession to Assistant State’s Attorney Bill Merritt included details about his meeting and killing. He said that on January 29, 1990 at approximately 6:00 or 7:00 p.m., he went to Panama Sid’s at Archer and Sacramento and met Cynthia for the first time sometime between 8:00 and 9:00. He said that about 12:30 or 1:00, he and Cynthia left and drove her car to Summit. He stated they stopped under a viaduct in a dark unincorporated area and that they had oral and vaginal sex both in the back and the front seats while their clothes were off. He said that after the sex acts, they were both in the back seat, held each other, and then he started choking Cynthia with his hands. When he thought she was dead, he drove to an area off of Willow Springs Road and parked on the left-hand side of the bridge so that no one on the Willow Springs bridge would be able to see him. He said he picked Cynthia up out of the car and dropped her in the river and thought he threw Cynthia’s clothes into the river but some ended up on the bridge. He said afterwards he stayed at the William Chateau on Archer Avenue and then drove Cynthia’s car around for a few days.

Dr. Lipschultz described Cynthia’s measurements as five feet, two and a half inches and 116 pounds and concluded the cause of death for Cynthia was strangulation, based on evidence including bones broken in the neck and lower throat and internal and external injuries.

Cloutier gave court-reported confessions to Assistant State’s Attorney Merritt regarding the murders of both Alice and Cynthia, and those were later typed up and presented to Cloutier for his signature.

Investigation

On February 1, 1990, Detective William Drish and Frank Connolly of the Chicago Police Department interviewed Cloutier at the Oak Lawn Police Department. Officer Tom Scott informed the detectives that he observed Cloutier at approximately the 9900 south block of Pulaski Avenue and placed him under arrest. Officer Scott advised Cloutier to place his hands on the hood of the car. When asked, Cloutier told Officer Scott his name was Michael Bitney and that he was looking for work but he was unable to spell the name Michael. Officer Scott asked about tattoos, and Cloutier turned and said: “[Y]ou have got me. Just don't beat me.” Officer Scott asked who he was, and Cloutier stated he was Robert Wilson but acknowledged that he was also know as Robert Cloutier. Officer Scott advised Cloutier of his constitutional rights at the time of arrest and later at the station. At first, Cloutier told the officer he did not have to continue because he was already aware of his rights. Later, after television, radio, and newspaper personnel were at the police station as he was being turned over to Chicago police officers, Cloutier told Officer Scott that he was going to make the officer “a star.”

Cook County Assistant State’s Attorney Jeanne Bischoff participated in interviewing Cloutier at Area 3 on February 1, 1990. She introduced herself, advised Cloutier of Miranda rights, and discussed his attacks on Elizabeth Halili and Susan Bradford as well as other robberies. She described his responses as appropriate, his behavior as coherent, alert, cooperative, and polite, and she stated he never mentioned that cocaine played a part in any of these crimes and did not appear under the influence of cocaine or any other drugs.

Cloutier’s personal items recovered from his person before transport to Area 3 included a pack of cigarettes and some keys, along with a Miranda form signed by Cloutier. Another detective was sent out with one of the recovered keys to Alice Cogler’s car.

The police located and recovered Alice’s body from the trunk of the car behind a barbershop at approximately 6509 South Archer Avenue after Cloutier directed investigators. Investigators proceeded to the area where Cynthia’s body was found based on Cloutier’s directions and recovered her body from the Des Plaines River in Willow Springs. A footprint was removed from the windshield inside Cynthia’s car and later determined to be Cynthia’s.

Arrest

On February 1, 1990, Oak Lawn Police Officer Thomas Scott observed Cloutier walking southbound on Pulaski near 99th Street and recognized him from special bulletins issued by the Chicago Police Department concerning two missing females. Officer Scott stopped Cloutier and placed him under arrest after observing and confronting him as described above. Cloutier was transported to the station and contact was made with the Chicago Police Department. Prior to transporting him to Area 3 Violent Crimes, detectives took possession of his personal items recovered from his person, including a pack of cigarettes and keys and a Miranda form signed by Cloutier.

Trial

Convictions and guilty plea outcomes

A jury found Cloutier guilty of first degree murder and aggravated criminal sexual assault of Alice Cogler. He was sentenced to death for her murder and to 30 years in the Illinois Department of Corrections for the aggravated criminal sexual assault. People v. Cloutier, 156 Ill.2d 483, 622 N.E.2d 774 (1993).

Cloutier then pled guilty to first degree murder and aggravated criminal sexual assault of Cynthia Cooney, for which he received a sentence of natural life.

At Cloutier’s trial and sentencing, evidence included his court-reported confessions and details described about the killings, medical examiner findings, and other-crimes evidence showing a common design or plan to sexually assault and strangle several women. The jury rejected a defense theory that his sexual relations with Cogler were consensual in a way that would preclude aggravated criminal sexual assault.

Resentencing and death penalty eligibility

The Illinois Supreme Court affirmed Cloutier’s convictions but reversed and remanded for a new death penalty hearing because the trial court failed to pose “reverse-Witherspoon” questions to prospective jurors during voir dire as mandated by Morgan v. Illinois, 504 U.S. 719, 112 S.Ct. 222 (1992). People v. The Morgan case was decided after Cloutier’s trial in Alice’s case and his guilty plea in Cynthia’s case.

The United States Supreme Court denied Cloutier’s petition for writ of certiorari. Cloutier v. Illinois, 510 U.S. 1200, 114 S.Ct. 1315 (1994).

Upon remand, a jury again found Cloutier eligible for the death penalty and could find no mitigating factors sufficient to preclude the imposition of death. On appeal, the Illinois Supreme Court affirmed that jury’s decision in People v. Cloutier, 178 Ill.2d 141, 687 N.E.2d 930 (1997). The United States Supreme Court subsequently denied Cloutier’s petition for writ of certiorari. Cloutier v. Illinois, 524 U.S. 906, 118 S.Ct. 2064 (1998).

At the resentencing hearing, Dwayne Sundberg testified on May 6, 1991 that a jury returned a guilty verdict for the murder and aggravated criminal sexual assault of Alice Cogler, and on July 26, 1991 Sundberg witnessed Cloutier plead guilty for the murder and aggravated criminal sexual assault of Cynthia Cooney.

Dr. Lawrence Heinrich, a licensed clinical psychologist, testified on Cloutier’s behalf that Cloutier suffered from antisocial personality disorder and showed many features of a narcissistic particular personality. Alvin Hill, a coordinator of the sentencing advocacy program with the Cook County Public Defender’s Office, testified on Cloutier’s behalf, including a story that Cloutier’s mother wrote about his drug habits as a youth, and that he discussed Cloutier’s drug use and family and how Cloutier wanted to help younger inmates.

After closing arguments, the jury deliberated for less than three hours and unanimously found there were no mitigating circumstances sufficient to preclude the imposition of a death sentence.

Sentencing

Cloutier was sentenced to death for the murder of Alice Cogler and to 30 years in the Illinois Department of Corrections for the aggravated criminal sexual assault of Alice Cogler. A new death penalty hearing was ordered after reversal and remand on reverse-Witherspoon voir dire issues.

Upon remand, a jury again sentenced Cloutier to death, finding no mitigating circumstances sufficient to preclude the imposition of death.

In the later post-conviction decision, a clerk was directed to enter an order setting Wednesday, November 29, 2000, as the date on which the sentence of death entered in the circuit court of Cook County was to be carried out, and the defendant was to be executed in the manner provided by law.

Appeals

Post-conviction appeal

Cloutier filed a post-conviction petition dismissed by the trial court. On appeal from that ruling, the Illinois Supreme Court affirmed. People v. Cloutier, 191 Ill.2d 392, 732 N.E.2d 519 (2000).

Cloutier then filed a petition for Writ of Habeas Corpus with the United States District Court and the matter was stated as pending for the court’s ruling.

Illinois Supreme Court opinion details

In People v. Cloutier, 191 Ill.2d 392, 732 N.E.2d 519 (2000), the opinion stated that the petitioner appealed from a Cook County circuit court order dismissing his post-conviction petition without an evidentiary hearing, and that because petitioner was sentenced to death, the court had jurisdiction pursuant to Supreme Court Rule 651(a) (134 Ill.2d R. 651(a)).

The opinion described the post-conviction standards under the Post-Conviction Hearing Act, including waiver and res judicata limits, and the requirement for a substantial showing based on the record and supporting affidavits. The court described de novo review of dismissal decisions.

The opinion addressed multiple claims:

• Cloutier claimed trial counsel was ineffective for failing to interview or present testimony of Brenda Grubisch, a coworker of Cogler and one of the last people to see her alive; Grubisch had been called by the State and testified but was not called by the defense. The petitioner argued that Grubisch’s testimony would have supported a consensual sex theory and would have changed the verdict and outcome at sentencing. The opinion concluded that even if defense counsel contacted Grubisch and elicited statements contained in an affidavit, there was no reasonable probability the outcome would have been different because evidence at trial overwhelmingly indicated Cogler was sexually assaulted before Cloutier strangled her, and other evidence supported death eligibility on independent grounds.
• Cloutier claimed the prosecution failed to disclose Grubisch’s statements and argued a Brady violation; the opinion concluded there was no materiality because evidence of sexual assault was overwhelming and the allegedly withheld statements were cumulative.
• Cloutier challenged the use of his guilty plea to the unrelated Cooney murder as a basis for finding him death-eligible. The opinion described his argument that counsel in the Cooney case should have informed him and the limitation that a challenge to counsel in the Cooney case could not be raised in this wholly separate proceeding. The opinion also described his claim that counsel during the instant case failed to sufficiently investigate the circumstances of the guilty plea; it held counsel’s actions did not fall below an objective standard of reasonableness given the motions in limine filed to bar use of the plea.
• Cloutier argued ineffective assistance during the aggravation-mitigation phase for allegedly failing to develop accurate mitigation and instead presenting erroneous evidence; the opinion found no unreasonable performance regarding mitigation strategy and no prejudice.
• Cloutier also argued conflict of interest, and the opinion found these claims unsupported and speculative.
• The opinion addressed additional claims and stated they were waived because they could have been previously raised but were not.

The conclusion in the opinion affirmed the circuit court’s judgment dismissing the post-conviction petition without an evidentiary hearing. The clerk was directed to set a date for the death sentence to be carried out. The opinion included a dissent by CHIEF JUSTICE HARRISON disagreeing with the majority on whether Cloutier could raise an ineffective assistance claim based on advice he received to plead guilty in the Cooney case and arguing that the death sentence violated the eighth and fourteenth amendments and the Illinois Constitution, and stating that the death sentence should be vacated and he should be sentenced to a term of imprisonment.

Outcome

Illinois Governor George Ryan announced on January 11, 2003 that he was commuting the sentences of 167 death row prisoners due to “the demon of error” in the capital punishment system. Cloutier’s death sentence was commuted to life on January 11, 2003.

Other details

People v. Cloutier procedural and factual statements

The post-conviction discussion described that Cloutier had never claimed actual innocence and that he raped and strangled to death Alice Cogler and Cynthia Cooney. It described Cloutier’s statements that Alice’s eyes had “bugged out” when he strangled her and “that police should have taken a stick and poked Alice to let the air out of her.” When asked why he killed Alice, it described that he stated “shit happens,” and that he “surprised” Alice. It also described that after raping and killing Alice, Cloutier kidnapped and attacked other women, forcing them to look at Alice’s naked, dead body on the backseat of her car while telling them that if they did not cooperate with him, they would “wind up” like Alice. It stated that women fortunate enough to escape testified at his trial and resentencing hearing.

Statements and stipulations about other offenses and evidence

At Cloutier’s resentencing hearing, a correctional officer at Pontiac Correctional Center, Timothy Raymond Pruett, testified that on July 17, 1994, Cloutier threw a half gallon pitcher of scalding water on him. Pruett stated that initially he had been facing Cloutier and saw Cloutier look right at him, and that when he saw what Cloutier was about to do, he attempted to get out of the way but the water hit him in the back and neck. Pruett described that Cloutier kept saying, “[Y]eah, that was me; I threw it. Yeah, that was me.” Pruett described the water as hotter than tap water and causing a burning sensation on his back and neck.

The parties also stipulated regarding testimony and prior convictions. The parties stipulated to Faith Howard’s testimony (by stipulation) about a November 21, 1983 incident at a 7-11 store. They also stipulated about an October 28, 1989 incident where Springfield Police Officer Robert Crouch observed a woman, later learned to be Loretta Lynn Kinnoy, lying on the ground screaming for help with Cloutier standing over her holding her collar and hitting her in the face and head with a large chain. Crouch stated the woman screamed, “[S]top him, he's going to kill me.” The officer stopped the squad car, took away Cloutier’s chain, and handcuffed him, and called an ambulance for the victim. The victim told officers that she and Cloutier went to a party, that he became angry at her when they left the party, grabbed a chain, put it around her neck, and dragged her down the street, and that he started beating her with the chain at the spot where he was found.

Other persons’ descriptions of robberies and assaults

The record included accounts of other crimes attributed to Cloutier, including robberies at stores and assaults and kidnappings.

For example, in the early morning hours on January 28, 1990, Susan Bradford Musso and Jeff Cesak were at a bar called Mr. Charlie’s at 63rd and Parkside in Chicago, where Jeff introduced Susan to Cloutier. The narrative described that Cloutier offered to give Jeff and Andrea a ride but that when Jeff tried to lift the seat, Cloutier pushed it back and said his friend was sleeping in the back seat and they should sit in the front. Jeff saw a covered-up body with the top of the head and hair showing in the backseat, and Jeff observed that the sun visor and roof portion of the interior of Cloutier’s car was torn up. Cloutier, Jeff, and Andrea followed Susan and Gary Somolis to a liquor store. Susan bought two cases of beer and put them in the back seat, and when Cloutier slammed the seat back, Susan placed the beer in Gary’s car. The narrative described no drug activity and beer as the only alcoholic beverage being consumed. Susan later accepted a ride and after driving off, Cloutier told Susan he had to go to the bathroom, turned into an alley, locked Susan’s door, covered her mouth, and told her not to hurt her and to do as he said. Cloutier jerked her head by pulling her hair. The narrative described that Susan began taking off her clothes because she believed Cloutier would either rape or kill her, and Cloutier fondled her breasts and kissed her. Susan took off her shirt and boots, and when her necklace got caught on a button, Cloutier told her not to break it. The narrative described Susan reaching for the door to get her legs out of the car and Cloutier grabbing her hair to pull her back in. Susan got out wearing her pants and bra, and Cloutier kicked her feet out from underneath her and she fell to the ground. The narrative described him hitting her in the face, back, and front between 25 to 35 times while she lay in a fetal position. It described that Susan rolled and that when Cloutier stopped apparently frightened, he kicked her once more and told her he would find her and kill her, then gunned the car in reverse missing her by a foot. It stated that badly bruised and beaten Susan ran down railroad tracks looking for Jeff Cesak’s house but went to someone else’s house. The narrative stated the attack occurred approximately two and a half hours after Cloutier killed Alice.

Maria Goodman’s account described that in September 1989 Maria worked at The Huggery Lounge and Twilliger’s where she met Cloutier. It stated that on January 20, 1990 Cloutier was at the bar with John or Hoss and was not acting unusually. Maria left that bar and went to Davern's Tavern, and Cloutier arrived after her and spoke to her later that evening. Maria described that as she was leaving, she invited some people to her home but did not invite Cloutier, although he arrived with John and returned uninvited every day from the 21st through the 26th. She stated he continuously asked her out but she refused and told him she had a boyfriend. She stated that he was not intoxicated or under the influence of any drugs and did not misbehave. On January 28, at approximately 7:00 or 7:15 a.m., Cloutier showed up uninvited at her home; Maria asked what he was doing there early and Cloutier told her he had been out drinking and wanted to take them out for breakfast. She described scratches on his chin, neck, and inner portion of his right wrist and that he told her he got into a fight with a bouncer. It stated he left to return his mother’s car and returned at about 10:30 a.m., apologized for waking them, asked to make it up by taking her out for breakfast, and the three went to Ray’s Restaurant on 45th and Western. Maria described that Cloutier did not appear under influence of drugs. It stated that as they walked home they noticed two police cars and Cloutier said he did not like cops, ran across the street with Maria’s son on his shoulders, and when they arrived he went to use the bathroom while Maria stayed in the hallway. When Cloutier came out, Maria felt hands on the back of her neck; he pulled her backwards to where there was a mattress on the floor and then pulled her down. The narrative described Cloutier sticking his thumb on the base of her neck so that Maria could barely breathe and repeatedly stating, “all it takes is a touch,” while he touched her. It described Cloutier’s pants undone and his penis coming up over his pants, placing Maria’s hand on his penis, ripping open her shirt exposing her breasts, and that when Maria’s son walked in and told Cloutier to leave her alone and not hurt her, Cloutier left the apartment.

Elizabeth Halili’s account described that on January 28, 1990 she worked at Clark Gas Station at 5458 South California as a cashier. She was outside checking gas tank levels when Cloutier approached and asked if she was open; she said yes and he picked up cleanser and went inside. She followed and when she was ringing up a soda and the cash register opened, Cloutier came around the counter and grabbed her mouth, told her not to scream and that he would not hurt her, and made her feel a weapon at her back without knowing what it was. He took money from the register, asked if that was all the money, told her he was taking her “out into the country where they won't find you because [Cloutier did not] want [Elizabeth] to be a witness,” and that he could not leave her because she could identify him. He dragged her to the alley behind the gas station, told her to take off her coat, pushed her inside the driver’s side of the car, and began driving cautiously. He told her his name was Jeff and Elizabeth told him her name was Lisa. Elizabeth asked him not to rape her and he told her he was not going to rape her. She asked why he had to do this and Cloutier said, “[B]ecause I have a wife and kids to support. You don't understand.” Elizabeth asked him to look for help and he repeated, “[Y]ou don't understand. You don't understand. I have kids to support.” The narrative described additional commands to put her head in his lap and to duck down, the locking and unscrewed lock knob, demands that she take off her clothes, a threat that if she did not comply she would “end up like her,” showing her a dead woman’s body, ripping open her blouse, attempting to rip off more clothes when she went to hit him, saying “[I]f you are going to fight me...this is what's going to happen to you,” and hitting her in the jaw with his fist. The narrative described that Elizabeth began taking off her pants, shoes, and pantyhose, and that she hit Cloutier in the groin. It described that during a struggle Elizabeth managed to open the door when she saw it was unlocked, that he tried to hit her again, that she got out and ran dressed only in her blouse and tank top, and that he followed a few steps before returning to the car and driving away closing his door.

The record also described multiple robberies attributed to Cloutier, including:

• Richard Sparks at Foremost Liquor Store at 35th and Damen on November 23, 1983, with Cloutier holding a gun about a foot away from Sparks’s chest and telling him to put money on the counter, and telling the store manager not to follow them outside for at least five minutes or they would start shooting.
• Barbara King at an Amoco food shop and gas station at 6751 West Archer at approximately 11:45 p.m. on January 6, 1990, where Cloutier put a revolver on the counter and demanded money and was described as cool and calm.
• Michael Szot at Keane Gas Station at West 55th Street and Linder at approximately 9:30 p.m. on December 7, 1983, with Cloutier approaching and asking for money while an accomplice stood by the door.
• Jeanette Jerozal at McDonald's at 5733 South Kedzie at approximately 10:40 p.m. on January 12, 1990, where Cloutier demanded money under threat.
• Ruth Wagner at White Hen Pantry at 3700 West 55th Street at approximately 5:30 a.m. on January 29, 1990, where Cloutier took between $50 and $100 and said, not to “do anything funny.”
• April Haynes at Keane Gas Station at 5458 West 55th Street at approximately 6:00 p.m. on January 31, 1990, where Cloutier pushed her and took money from an open register and ran.
• Linda Healy at White Hen Pantry at 2600 West 51st Street at approximately 7:35 p.m. on November 17, 1983, where Cloutier pulled a gun on her and made her open the register and give him money, including money from another cashier’s register.
• Elsie Baker and Joel Sanchez at Airport Food and Liquor on 63rd Street in Cicero on January 28, 1990 at approximately 9:45 p.m., where Cloutier took money and turned around and left the store.
• Dorothy Niewiadomski at Jewel Food Store at 5320 South Pulaski at approximately 6:25 p.m. on January 20, 1990, where Cloutier demanded money at gunpoint.
• Mary Finn at a 7-11 store on January 29, 1990 at 2:10 a.m., where Cloutier asked for a pack of Camel filters and demanded money with one hand in his pocket.
• Tina Callicho at White Hen Pantry at 79th and Oak Park in Burbank on January 30, 1990 at approximately 5:45 p.m., where Cloutier used a gun and grabbed money and threw the cash drawer on the ground and ran.
• Additional stipulations and testimony about earlier offenses for which he was convicted, and a chain assault incident described above.

These details reflected the broader narrative of the case, including Cloutier’s prior criminal activity and the evidence presented at trial and resentencing.

Victim impact and quotations

The record included Cloutier’s quoted statements about Alice Cogler and comments attributed to his behavior toward other victims:

• Cloutier said Alice’s eyes had “bugged out” when he strangled her.
• Cloutier said “that police should have taken a stick and poked Alice to let the air out of her.”
• When asked why he killed Alice, Cloutier stated “shit happens,” and that he “surprised” Alice.
• The narrative described that Cloutier told women who were forced to look at Alice’s naked, dead body “wind up” like Alice.

The record also included quotations from other proceedings:

• Officer Scott’s quoted exchange with Cloutier included: “[Y]ou have got me. Just don't beat me.”
• Cloutier’s statement to Officer Scott after the police media presence included he was going to make the officer “a star.”
• Pruett reported Cloutier said, “[Y]eah, that was me; I threw it. Yeah, that was me.”
• Loretta Lynn Kinnoy screamed, “[S]top him, he's going to kill me.”
• Maria Goodman described Cloutier saying, “all it takes is a touch,” while he touched her.
• Elizabeth Halili reported Cloutier said, "[B]ecause I have a wife and kids to support. You don't understand."
• Elizabeth Halili reported Cloutier repeated, "[Y]ou don't understand. You don't understand. I have kids to support."
• Elizabeth Halili described Cloutier stating, "[I]f you are going to fight me...this is what's going to happen to you," and also that “end up like her.”

Execution order and subsequent commutation

The post-conviction opinion directed that an execution date be set and that the defendant would be executed in the manner provided by law. That sentence was later commuted to life on January 11, 2003.