People v. Skorka

Defendant, Richard Skorka, was indicted for two counts of murder in 1980, but continually has been found to be unfit to stand trial. In 1985, a discharge hearing was held pursuant to section 104-25 of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1985, ch. 38, par. 104-25), to determine if defendant was sane at the time he committed the offenses. Defendant was found to be sane at the time of the crime and was remanded for an extended treatment period of five years. Defendant appeals that order, contending that the trial court applied the incorrect burden of proof on the issue of sanity; that the State failed to prove beyond a reasonable doubt that defendant was sane at the time of the commission of the crimes; and that defendant was denied a fair hearing because the State improperly cross-examined expert witnesses. On April 11, 1980, Gary Sergo and Robert Sneddon were shot and killed. On April 21, 1980, defendant and Scott Kroll were indicted for those murders. Defendant was found not fit to stand trial, and was remanded to the Department of Mental Health for treatment.