Real Crime Stories/Paranormal Hauntings/Conspiracy Theories Book II

Killer Clown: John Wayne Gacy (Part III)

Closing arguments

On March 11, final arguments from both prosecution and defense attorneys began, with the arguments concluding on the following day. Prosecuting attorney Terry Sullivan argued first, outlining Gacy's history of abusing youths, the testimony of his efforts to avoid detection and describing Gacy's surviving victims—Voorhees and Donnelly—as "living dead". Referring to Gacy as the "worst of all murderers", Sullivan stated: "John Gacy has accounted for more human devastation than many earthly catastrophes, but one must tremble. I tremble when thinking about just how close he came to getting away with it all."

After the state's four-hour closing, counsel Sam Amirante argued for the defense. Amirante argued against the testimony delivered by the doctors who had testified for the prosecution, repeatedly citing the testimony of the four psychiatrists and psychologists who had testified on behalf of the defense. Amirante also accused Sullivan of scarcely referring to the evidence presented throughout the trial in his own closing argument, and of arousing hatred against his client. The defense lawyer attempted to portray Gacy as a "man driven by compulsions he was unable to control".

In support of these arguments, the defense counsel repeatedly referred to the testimony of the doctors who had appeared for the defense, in addition to the testimony of defense witnesses such as Jeffrey Rignall and a former business associate of Gacy's named Mickel Reed—both of whom had testified to their belief that Gacy had been unable to control his actions. Amirante then urged the jury to put aside any prejudice they held against his client and requested they deliver a verdict of not guilty by reason of insanity, adding that the psychology of Gacy's behavior would be of benefit to scientific research and that the psychology of his mind should be studied.

On the morning of March 12, William Kunkle continued to argue for the prosecution. Kunkle referred to the defense's contention of insanity as "a sham", arguing that the facts of the case demonstrated Gacy's ability to think logically and control his actions. Kunkle also referred to the testimony of a doctor who had examined Gacy in 1968. This doctor had diagnosed Gacy as an antisocial personality, capable of committing crimes without remorse. Kunkle indicated that had the recommendations of this doctor been heeded, Gacy would have not been freed.

At the close of his argument, Kunkle pulled each of the 22 photos of Gacy's identified victims off a board displaying the images and asked the jury not to show sympathy but to "show justice". Kunkle then asked the jury to "show the same sympathy this man showed when he took these lives and put them there!" Before throwing the stack of photos into the opening of the trap door of Gacy's crawl space, which had been introduced as evidence and was on display in the courtroom. After Kunkle had finished his testimony, the jury retired to consider their verdict.

The jury deliberated for less than two hours and found Gacy guilty of the thirty-three charges of murder for which he had been brought to trial; he was also found guilty of sexual assault and taking indecent liberties with a child; both convictions in reference to Robert Piest. The following day, both the prosecution and defense made alternative pleas for the sentence the jury should decide: the prosecution requesting a death sentence for each murder committed after the Illinois statute on capital punishment came into effect in June 1977; the defense requesting life imprisonment.

The jury deliberated for more than two hours before they returned with their decision in the sentencing phase of the trial: Gacy was sentenced to death for the twelve counts of murder upon which the prosecution had sought this penalty. An initial date of execution was set for June 2, 1980.

Death row

Upon being sentenced, Gacy was transferred to the Menard Correctional Center in Chester, Illinois, where he remained incarcerated on death row for 14 years.