MERRY  CHRISTMAS  MR.  SEXAURER

                                        NORMAN  V.  KELLY

 

It was a cold, moonlit night that fateful night of Christmas Eve, 1978.

Over on Glen Oak Avenue, where the huge Saint Francis Medical Center stood, most of the employees had gone home. Folks would be arriving for the Christmas Mass there in the old Chapel, and spirits were high. In fact, most of the so-called non-essential employees had gone home around noon. Still, the hospital was a busy place since illness and accidents cared nothing for holidays.

 

Jimmie Divine stood there on the hospital steps watching people come and go, many of the visitors had packages for the patients, and with a smile, Jimmie held the door open for them. A short tap on a horn came from a car that had just pulled up in front of the hospital and Jimmie waved at the driver. Divine trotted down the steps and yanked the car door open. “Hi. Leo, Merry Christmas.”

 

“Same to you, Jimmie,” Leonard Hillbert said, smiling at his friend. At one time they both worked in the kitchen of the big Catholic hospital, but Jimmie was now looking for work. Since leaving the hospital Jimmie had worked at River Oaks Dodge, but that was over a month ago. As Leonard pulled away from the curb, he glanced over at his friend. “Got anyplace special in mind you wanna go, Jimmie?”

“Naw, just the same old places, I guess. Christmas Eve, hell, it don’t mean anything to me.” The driver nodded and headed for one of their usual watering holes to have a drink or two. It was now rolling around seven that evening and the two friends really had nothing to do or anyone to see. Hell, they might as well do nothing at a tavern, they figured.

 

Way, way across town, over at 8509 N. Dundee Road, in Highland Mobile Estates, George and his wife Lucille, his wife sine 1934, kissed each other good-bye. George Sexaurer set out for the last place he wanted to be on Christmas Eve…and that was work. Lucille patted her husband on the shoulder “you be careful driving in, George,” she said as they both stood in the doorway leading to the car. George nodded, “I will,” he said, glancing at his watch. It was nearly ten and quite a drive over to his place of employment on Knoxville Avenue but he liked to be early. Before he left he checked to make sure he had his lunch, his newspaper and his hot coffee. He gave one last smile to his wife, a quick wave as he drove off.

 

He pulled around back in the large parking lot of the Caroline Motor Lodge, also called Manias Manor. It was located on the corner of Wisconsin and Knoxville Avenue and had been a landmark for years. Not far from Saint Francis Hospital it had a great view looking down the valley towards the massive hospital and the Illinois River beyond. George greeted the clerk and the two exchanged season greetings. George was alone now as he put his lunch away, rinsed out his coffee cup and adjusted the TV set. The motel catered mostly to weekly and monthly guests, most of them gone and George knew it would be a long, slow night.

 

Meanwhile Jimmie Divine and Leonard Hillbert had had a few drinks and were driving around to have one last holiday drink. They were driving down Knoxville Avenue about to call it a night when Jimmie called out. “Leo, drop me off over there at the curb I wanna go over to the gas station.”  Leo slowed down and pulled over. He told Jimmie that he could wait and run him on home, but Jimmie refused, preferring to walk the rest of the way home. The two old friends said good night as Jimmie got out of the car. Leo watched his friend cross the street at the 1300 block of Knoxville as he drove away. Just up the street was the Caroline Motor Lodge.

 It was very close to Midnight, Christmas was moments away as Daniel

Defoe, a technician at Methodist Hospital just across I-74, was walking to work. The streets were pretty much deserted as he walked along, bundled up against the cold December air. A few cars raced past him, but otherwise he was alone. He was startled by the sound of footsteps. He turned to see where they were coming from when he saw a man race across Knoxville Avenue toward the motor lodge. The running man was wearing a green hooded parka. Dan thought very little of the incident but continued to watch as the man opened the door of the lodge and vanished inside.  Dan hurried along…a man running across the street on Christmas Eve…so what?

 

                       HORROR  ON  CHRISTMAS  DAY

 

Katherine Young had a nice Christmas Eve even though she knew she would have to work on Christmas Day. She and her family exchanged gifts and had their Christmas dinner on December 24, 1978. Every other job she had ever had she was always free on Christmas Day and certainly did not look forward to spending the holiday behind a desk all day. Still duty called and off she went to relieve George over at the Carolina Lodge. Around 6:50 a.m., Christmas Morning, she pulled into the rear lot of the lodge. She got out of the car, gathered up her purse and some personal things and entered the back door with her key. She knew George would be glad to see her so that he could get home and salvage what was left of his Christmas Day. As she entered she heard the telephone ringing…the TV set, normal stuff. She called out to George…no answer. That’s funny, she thought. George usually heard her coming in and met her with a smile and a bright greeting. She took hold of the doorknob, turned it, but to her surprise it was locked. “George…George!  It’s Katherine.” Her voiced echoed in the stillness…but no answer.

 

An agile woman, Katherine managed to crawl between the space underneath the glass and entered the small office. No George! Just behind the office was the employee restroom. Her thought was that maybe George had gotten ill and needed some help. She knocked on the door, calling his name as she did so. No answer. She knocked again this time she turned the knob and pushed. The door opened but something was stopping it from opening all the way. She pushed harder. Finally there was enough room to stick her head in to look around to see what was blocking the door. What she saw took her breath away but instead of screaming she slammed the door and raced off for the telephone. She dialed 911. This would be a Christmas Day that she would never forget for the rest of her life.

 

                                      THE  CRIME  SCENE

 

The police cars began to gather at the lodge, pulling in silently, lights flashing but their sirens still. Katherine watched as one by one the officers entered the small office. She tried to stay out of the way until one of the detectives would want to talk to her.

 

George Sexaurer lay in a pool of blood just inside the restroom his feet sprawled out toward the door. Soon a small man in a suit came in and began conferring with one of the detectives. He was Herb Busbee, the Peoria County Coroner. The coroner took charge of the body and as the forensic people went about their business, Busbee talked to Katherine and a few other officers. Dozens upon dozens of pictures were taken and the entire area was gone over with care and diligence. If there was a clue of any kind the detectives were determined to find it. Finally the body of George Sexaurer was removed.

 

Officers went through the papers on the desk, conferring with Captain John Dike, as he spoke with the assistant manager that had just entered the office. He had a long talk with Katherine as Officer Gerontes and the other detectives finalized their crime scene investigations. The detectives satisfied themselves that they had done all they could. A man had died within the small space of the office and what little clues there were had to be right there. They would have everything analyzed, study the photographs, talk to maybe hundreds of people and hope they could come up with something to solve the case. 

 

Coroner Busbee had the body released to Wright and Salmon and notified the medical examiner that he would like to have an autopsy as soon as possible. The media had gathered outside the lodge and eagerly rushed forward with questions for the captain and the coroner. Captain Dike dropped them a bone, careful not to discuss the case in any detail. “We have a man shot twice and found dead in the bathroom. We have no real clues. At this time we feel that robbery was the original motive.”

 

                                         THE  DAY  AFTER

 

The next day the Peoria Journal Star was able to give a few more bits and pieces of information to its readers. For the first time the victim, George Sexaurer, age 69, was mentioned. Their sources told them that the man had been shot twice in the upper body and that seven stab wounds were found in the back of the victim’s head. The murder seemed to be a violent and senseless case for those that knew George. As far as the clerks could ascertain there was about $90.00 missing. The news spread about the murder, sending a chilling effect over the holiday spirit.

                            

I personally met George on a couple of occasions. Back when George was employed by Great Central Insurance Company over on War memorial, he was a well regarded man. He was a good-natured guy, and always laughed at this old joke. My friend, Laura, an employee over there told me this joke. She swore it really happened. The telephone receptionist there, apparently not the brightest peach on the tree answered the telephone.

 

“Great Central Insurance.”  “Good morning. Say do you have a Sexaurer there?” The lady asked, “sex hour? As far as I know we don’t even get a coffee break.” Well, that was the joke and as I said, George always laughed at it, stupid as it was. George was also the owner of a pest control company and even worked in security over at Jumer’s Hotel on Western. A busy guy, so his working on Christmas Eve was no surprise. George was laid to rest after the services preformed by Reverend Douglas Owan, with entombment in the Yates City Mausoleum.

 

                       WHO  MURDERED  GEORGE  SEXAURER?

 

After the big holiday, folks went back to work while other people rushed back to the stores to exchange their gifts. Once the initial shock headlines are written about a murder, life goes on. For Mrs. Sexaurer, her family and friends, the loss of George was just beginning to sink in. The media had bigger fish to fry and soon, as always, the story slipped away. If the killer is never found the news people never write about it again, it’s just that simple.

 

As for the police the case was still on the front burner. They were very busy running down the leads that flowed in from telephone and interviews. The prints gathered in the initial investigation were sent to the FBI for comparisons with employees of the lodge. They were concentrating on three prints that later proved to be those of the killer. They especially liked the prints on the gray cash box. On the bathroom wall was a similar print and on an envelope was another. Was this their killer, could they get that lucky?

 

A fingerprint is useless if the FBI has nothing in their vast files to compare it with. They need a print to compare…to match to a suspect. The police department’s team of three worked separately then together to bring their print to the suspect. Once they all agreed that the prints were indeed the same man and that the prints pointed at one person, they submitted their evidence. The detectives met to plan their arrest of the man the prints pointed to. He did indeed have a record and many of the detectives knew this ex convict from his past activities. On December 30, 1978, the decision was made to arrest the man police were certain killed George Sexaurer.

 

                           THE  SUSPECT  ON  GLENDALE

 

Over at 710 Glendale the man police were looking for was asleep up in his rented attic bedroom. The suspect’s mother lived next door at 712  in thislow income area. Homes were all in the vicinity of one hundred years old, and many folks had lived there generation after generation. It was late afternoon now as a lone police car pulled up behind the house blocking a very narrow alleyway. Up the street another police car pulled into the end of the alley, and then another parked down the block. An unmarked police car pulled up closer to the house and sat quietly, the two occupants talked on the radio. A signal was given and officers began walking up to the house, both front and back. A detective knocked on the door and was greeted by the occupant, C.A. Devine, who stood listening for a moment then nodded his head and invited the visitors inside.

 

“We are looking for Jimmie Devine, does he live here?”

“Yes,” the man said, “but I don’t know if he’s here.”

“You mean he could be here and you wouldn’t know it?”

“Yes.”

“Mind if we go to his room and check?”
“Go ahead.”

 

Mr. Devine led the way as Detective Bob Crady and Sergeant York made their way up the narrow steps to the attic bedroom. Carefully they cracked open the door and were able to see that a man was asleep in the small bed. Gun drawn, Crady said, “police officers, don’t move!” Jimmie Devine stirred then abruptly sat up causing the officers to tense. “Police officers! Don’t move!”

 

Moving quickly the officers ran to both sides of their suspect and told him that he was under arrest. There were more officers in the small room by now as they allowed the man to dress. Devine was now in cuffs as Bob Crady read him his Miranda Rights and then led him down the stairs to the waiting police car. They actually had no warrant to hand to the prisoner but went through the arrest process routinely. A line of police cars followed the lead police car, and soon, Jimmie Divine, age 22, suspected killer was facing the justice process. In all his rights were read to him on three separate occasions. In spite of these warnings, Devine did not stay mute. He surprised officers when he looked up at them and said in a weary voice “I want to get this over with.”  Police were happy to oblige.

 

                            BACK  AT  THE  CRIME  SCENE

 

Police stood with Devine at the entrance to the office over at the lodge.

A detective looked at Divine, motioning, he said, “go on to the office.” Without hesitation, according to police reports, the suspect walked off in the correct direction. Officers looked at each other and nodded. Actually the suspects had three choices but off he went directly to the office. To police that was a significant move.  The move reinforced their feelings that they did indeed have the right man.

 

Things moved along swiftly after their visit to the lodge and soon the paper work was completed, the indictments were sought and suspect Jimmie Divine was arraigned. Local newspapers outlined the life of Devine giving the local folks an idea who this man was…or had been. In November of 1974, Divine had pled guilty in Macon County to the charge of robbery. He was then sentenced from one to ten years and served his time in Vandalia. In June of 1976 he was paroled, and released from parole in late 1977.

 

Jimmie Devine was a local man his mother and brother were still living here when he came back home from Vandalia. Devine was assigned a public defender and the process of putting Jimmie Devine in prison or on death row was begun. Public Defender, Tim Penn went through the preliminaries with Devine and shortly after that process, Attorney Mark Rose took up the defense. Two damn good lawyers who decided that there was really no way Devine could get a fair trial here in Peoria, Illinois.  Hearings were held on a change of venue, but the judge allowed the trial to stay here in Peoria. That was good news for local folks who were anxious to view the proceedings here in town.

 

                           THE  MURDER  TRIAL  BEGINS

 

June 12, 1979                                                               PEORIA, ILLINOIS

 

Jimmie Lee Devine’s trial began with the first witness called being Leonard Hillbert, remember him? He was the man that went bar hopping with Devine the night of the murder. After the usual difficulty seating a jury on a high profile case, the eight women and four men settled back to listen to the prosecution. Mr. Hillbert told the jury that he was with Devine the night of the murder and that he had indeed dropped him off at a gas station just two blocks away from the Caroline Motor Lodge. It was with this opening witness that the SA put the defendant in the vicinity of the murder.

 

To corroborate that witness the prosecution called Dan DeFoe, the Methodist employee that claims to have seen a man in a green parka enter the lodge just before midnight. Testimony by both witnesses indicated that Jimmie Devine was wearing a green parka the night of the murder.

 

So right from the start the evidence began piling up against the defendant, and the spectators sensed that this was a ‘slam dunk’ case for the People. Katherine Young then testified that she had seen Jimmie Devine inside the lodge in September and October buying cigarettes. During her dramatic testimony she walked from the stand and stood directly in front of the defendant to be sure she recognized him. “I want to be sure; I would not want to accuse him if I wasn’t sure.”

 

During the police interviews, Divine had told the police that he did not smoke, but since he never testified in his own behalf that information was never heard by the jury. During the opening hours of the trial seven witnesses for the prosecution were put on and one by one the police investigators hammered away at the defendant. The cornerstone of the evidence centered on the fingerprints found at the scene of the crime.

 

Officer Jackowski had some very interesting things to tell the jury about what he had found in Jimmie Devine’s bedroom. The officer, after checking his notes, told the jury that he found $87.79 hidden behind the rafters and some $7.29 in change that included rolls of pennies. The bills were folded and kept together by paper clips. Testimony from employees stated that about $90.00 had been stolen and you guessed it…the bills had been secured by paper clips.

 

Attorney Elmo Koos, one of the owners of the lodge, testified that employees did not use the safe that was marked as an exhibit and where a fingerprint had been found. The coroner’s physician, Dr. Immesota told the jury the gruesome details of the autopsy, stating that the multiple stab wounds to the victim’s head occurred after his death. “It was nearly an instantaneous death,” he stated to the spellbound audience. Each witness seemed to tighten the noose around the defendant’s throat just a bit tighter. It was dramatic stuff indeed. Throughout it all the defendant sat next to his attorney attentive and without emotion. Spectators during the usual breaks asked each other if the man had any defense…any at all? The prosecution rested and the judge ordered lunch.

 

                    WHAT  DOES  THE  DEFENSE  HAVE  TO  SAY?

 

Perhaps the defense would attack the fingerprint ‘experts,’ and tell the jury that Devine had been in the lodge before and that is why his fingerprints were there? That sounded like a good idea to the spectators and the lawyer wannabes. Instead, Mr. Rose asked the court to delay the trial so that he might locate a witness that knew something about the case and that his testimony was important to the defense. It turned out the man was currently in jail, and after some delay, the judge ruled that the testimony was not pertinent and the trial continued. Rose did attack the warrantless arrest of his client and then dramatically asked the jury this question.

                                “Where was the gun?”

Rose went on to ask several questions that certainly gave the jury something to ponder. Did the police find shell casings, or a knife, or even extra bullets in his client’s room? Also what about those prints? Were the police really sure that they were laid down at the time of the actual murder? A witness had put his client in the lodge in October and November…what about that? Mr. Rose even suggested that his client may have been in the place to burglarize it in October or November, but that did not make him a killer on Christmas Eve. He brought up the witness that saw a man in a green parka enter the lodge the night of the murder. What proof was there that that man was really Devine?

 

Rose reminded the jury that Devine had made a statement to the police that he did not smoke. Jimmie also told the police, “I didn’t have a gun. I don’t own a gun, and I didn’t kill anybody.” Mr. Rose referred to the testimony concerning paper clips on folded money. He told the jury that this case is being prosecuted on the theory of ‘paper clips.’

 

.                                         THE  TRIAL  ENDS

 

Mr. Rose attacked the prosecution in his closing arguments and reminded the jury to keep the presumption of innocence in mind as they considered the charge of murder against his client. He brought the issue of the gun up once again.

 

“The State thinks Divine is dumb enough to hide the money in the house but smart enough to throw the gun away. The State’s cases is circumstantial evidence, the State is trying to build a case of murder on paper clips.”

 

State’s Attorney Mihm took another path: “Christmas is the time of year when most people like to be with friends and family and exchange presents. The evidence has shown that Jimmie Devine gave a present to George Sexaurer. That present was that he killed and robbed him.”

 

The jury was given the case and sequestered over at the Continental Regency Hotel. On June 16, 1979, after almost 12 hours of deliberation, they had reached a verdict. There is excitement in the air for the spectators when the word is in that the jury has reached a verdict. For the loved ones of the defendant and the victim, emotions run rampant, hearts pound, and time seems to stand still. For those of us that have spent time in courtrooms the game is to read what’s in the juror’s eyes and faces. Believe me it is a game, because none of us really have any idea what in the hell we are doing. The eight men and four women sat in the box looking straight ahead. The judge asked the foreman if the jury had reached a verdict.

 

The foreman answered in the affirmative and then told the judge that the jury had found Jimmie Lee Devine GUILTY of murder. He went on to state that they had found the defendant guilty of robbery but not guilty of count three.

Since the jury had not found Divine guilty on all counts the state’s attorney decided that he would not seek the death penalty.

 

The maximum sentence in this case was eighty years. In July of 1979 a sentence of 75 years for murder and 20 for robbery was handed down to Jimmie Lee Devine. Shortly after the sentence Devine was removed to the Illinois State Penitentiary to begin his extensive sentence.

 

                                        AS  TIME  GOES  BY

 

Prisoners have a lot of time on their hands and many of them become damn good ‘jailhouse lawyers.’ As for Devine he had his chances at parole and even petitioned the governor for clemency. In the hearing room Divine sat a changed man. Two decades had gone by and Jimmie sat there confident and yes…even hopeful.  His mother made a plea for her son, finally stating to the board “I just wish you all would let him out because I need him at home.” Jimmie’s sister-in-law said, “He has turned his life around. He has turned his life over to God. I don’t think he’ll be a threat to society.”

 

No other person spoke out for Jimmie, and the State, in the form of a letter, which was read, was certainly against the man’s freedom. “For a crime such as this a recommendation for Executive Clemency is clearly not appropriate.”

 

Here it is 2004; the court files are full of the appeals filed over the years.

I lost track of the case, but I can tell you that George Sexaurer is still in his grave. After all those years have passed did the State convict the right man? Did Jimmie Lee Devine kill George Sexaurer that Christmas Eve in 1979? It seems that all the appeals were properly dealt with. This so-called circumstantial evidence case stood up under the learned eyes of the courts and still no new trial was ever granted. The issue of the no warrant arrest was dealt with, and still no over turning of the lower court. Those twelve folks anguished over their verdict for twelve hours and found the defendant guilty.

 

In January of 1999 the Peoria Journal Star reported that there was no clemency from the Pardon Board or the Governor in the Devine case.

Mr. Devine has every right to continue his fight for freedom. After all,

according to testimony, “He is remorseful, has found religion and is a changed man.” Throughout all the legal ramifications, the appeals and the rhetoric, I am struck by one simple statement his mother made:

 

“I just wish you all would let him out because I need him at home.”

 

I wonder what the folks that loved George Sexaurer would have to say about that statement.

Editor’s Note:  Norm is a Peoria Historian, true-crime writer and author of 12 Books and hundreds of articles including fiction.   norman.kelly@sbcglobal.net