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Judge: Chicago man was guilty but mentally ill when he killed Island Lake woman in '14

The Northwest Herald - 10/1/2016

WOODSTOCK ? A McHenry County judge found there was not clear and convincing evidence to prove that a Chicago man was mentally ill when he killed 48-year-old Karen Scavelli in 2014.

Judge Sharon Prather said after the partially stipulated bench trial in September, she found that Howard Dibbern, 52, had the capacity to appreciate his criminal conduct and found him guilty Friday of all charges. She also said Dibbern was guilty but mentally ill, a finding that does not affect his sentencing but does allow the defendant access to mental health treatment while he is incarcerated.

Dibbern was charged with first-degree murder, concealing a homicide and possession of a stolen motor vehicle after he killed Scavelli on June 2, 2014. Dibbern beat and stabbed Scavelli, broke her neck and then hid her body under pillows and blankets in her Island Lake home.

Dibbern then stole her vehicle and led police on a "high-speed chase" before crashing into a Mundelein home, authorities said.

Dibbern's attorney, McHenry County Assistant Public Defender Rick Behof, presented an insanity defense, meaning he argued that his client was legally insane at the time of the alleged crime.

Prosecutors argued that Dibbern was not insane at the time of the crime and was merely a "crafty liar" who manipulated Scavelli, who was having financial struggles, into believing he could take care of her.

Two experts testified during the bench trial after they met with Dibbern and completed a mental health evaluation.

Joshua Barras, a neuropsychologist who testified for the prosecution, met with Dibbern ahead of the trial and conducted a battery of tests to indicate whether the defendant was malingering, meaning he would intentionally exaggerate or make up a mental illness.

Barras said the tests are important to complete when dealing with those in custody because malingering involves a judgment of motivation. If someone wants to avoid incarceration or potentially receive a lighter punishment, they may exaggerate or feign symptoms.

Barras, who also spoke with Dibbern's sister, said she was frightened when she found out he was out of prison a few years ago. Dibbern was on parole after serving three years in prison on a weapons charge.

Barras said he believed Dibbern suffered from recurrent major depression, alcohol dependency and anti-social personality disorder, but he was not insane at the time of the crime.

Prather said Barras' testimony was "clear, compelling and very thorough," especially his thoughts on Dibbern's stay in a mental institution 10 days before he killed Scavelli.

Barras said that during that time, Dibbern did not identify any hallucinations or delusions while being treated. He was diagnosed with an alcohol dependency and depression and was discharged with Prozac.

Prather said she found several things that were troubling with the testimony of the defense's expert, Denise Dojka, a licensed psychologist. She said Dojka did not complete any formal testing or assessments, she did not speak with any collateral sources, didn't discuss the events surrounding the incident with Dibbern and generally believed he was credible. Based on the facts of the case and information presented, Prather said she found his credibility "hard to believe."

Karen Scavelli was one of six siblings, had children of her own and she also was a grandmother. Dino Scavelli, her 25-year-old son, said he and the family believed prosecutors were "diligent and relentless" and they could not be more satisfied with the work they have done.

Dino Scavelli said he fondly remembers the two- to three-hour phone conversations he'd have with his "genuinely compassionate" mother when he wasn't living at home.

"The family will now have time to convene and reflect," he said outside the courtroom, adding that these events have brought the family closer together.

Dibbern remains in McHenry County Jail custody ahead of his sentencing Nov. 23.