Daniel Pinna
Bivens Petition - Northern District of Illinois Eastern Division
The following is an excerpt from the appeal of Rebecca Bivens:
I. Factual Background
On November 17, 1998, Bivens arrived at St. Mary’s Hospital in Streator, Illinois, carrying her five-year-old stepdaughter, Dani, who was unconscious. Dani had bruises on her left arm, shoulder, right eye, and the back of her head and she was bleeding from her nose and mouth. When questioned, Bivens told the attending nurses that Dani fell off of a bed.
Dani was subsequently flown to St. Francis Medical Center in Peoria, Illinois where Bivens told a social worker and several police officers that she was in the basement doing laundry when she heard a loud thud. Bivens stated that she then ran upstairs and saw Dani stumbling out of the bedroom saying that she fell off the bed. Dani died the next morning from massive injuries to the brain.
On November 23, 1998, an officer from the Streator police department received the autopsy report and then contacted Bivens and her husband asking them to come to the police department to discuss the report. The officer and an investigator from the Department of Children and Family Services (“DCFS”) interviewed Bivens. The DCFS investigator informed Bivens that he and the police officer had read the autopsy report and then asked Bivens to tell him what happened.
Bivens told the DCFS investigator that Dani had fallen off the bed. The DCFS investigator reminded Bivens that he knew the cause of death based on the findings in the autopsy report. After that, Bivens admitted that she killed Dani. Bivens made a written statement summarizing the incident and signed it in the investigator’s presence.
The police charged Bivens with first degree murder after which the court appointed Dr. Robert Chapman to examine Bivens for fitness to stand trial. Dr. Chapman concluded that she was fit and based on an agreed stipulation to fitness, the trial court found Bivens fit to stand trial.
Bivens subsequently raised the affirmative defense of insanity. Bivens’ second fitness hearing and the psychological testing involved are not relevant to this habeas petition. At trial it was uncontested that Bivens’ actions caused Dani’s death. Bivens maintained, however, that she was insane at the time she committed the crime.
I. Factual Background
On November 17, 1998, Bivens arrived at St. Mary’s Hospital in Streator, Illinois, carrying her five-year-old stepdaughter, Dani, who was unconscious. Dani had bruises on her left arm, shoulder, right eye, and the back of her head and she was bleeding from her nose and mouth. When questioned, Bivens told the attending nurses that Dani fell off of a bed.
Dani was subsequently flown to St. Francis Medical Center in Peoria, Illinois where Bivens told a social worker and several police officers that she was in the basement doing laundry when she heard a loud thud. Bivens stated that she then ran upstairs and saw Dani stumbling out of the bedroom saying that she fell off the bed. Dani died the next morning from massive injuries to the brain.
On November 23, 1998, an officer from the Streator police department received the autopsy report and then contacted Bivens and her husband asking them to come to the police department to discuss the report. The officer and an investigator from the Department of Children and Family Services (“DCFS”) interviewed Bivens. The DCFS investigator informed Bivens that he and the police officer had read the autopsy report and then asked Bivens to tell him what happened.
Bivens told the DCFS investigator that Dani had fallen off the bed. The DCFS investigator reminded Bivens that he knew the cause of death based on the findings in the autopsy report. After that, Bivens admitted that she killed Dani. Bivens made a written statement summarizing the incident and signed it in the investigator’s presence.
The police charged Bivens with first degree murder after which the court appointed Dr. Robert Chapman to examine Bivens for fitness to stand trial. Dr. Chapman concluded that she was fit and based on an agreed stipulation to fitness, the trial court found Bivens fit to stand trial.
Bivens subsequently raised the affirmative defense of insanity. Bivens’ second fitness hearing and the psychological testing involved are not relevant to this habeas petition. At trial it was uncontested that Bivens’ actions caused Dani’s death. Bivens maintained, however, that she was insane at the time she committed the crime.
