Following a joint bench trial [trial by a judge without a jury], Steven O’Neil, Charles Kirschbaum, and Daniel Rodriguez, agents of Film Recovery Systems, Inc. (Film Recovery), were convicted of the murder of Stefan Golab, a Film Recovery employee, from cyanide poisoning stemming from conditions in Film Recovery’s plant in Elk Grove Village, Illinois. Corporate defendants Film Recovery and its sister corporation Metallic Marketing Systems, Inc. (Metallic Marketing), were convicted of involuntary manslaughter in the same death.

O’Neil, Kirschbaum, and Rodriguez each received sentences of 25 years’ imprisonment for murder. O’Neil and Kirschbaum were also each fined $10,000 with respect to the murder convictions. Corporate defendants Film Recovery and Metallic Marketing were each fined $10,000 with respect to the convictions for involuntary manslaughter. The defendants appealed, and the Appellate Court reversed the convictions.

Facts

In 1982, Film Recovery occupied premises in 1855 and 1875 Greenleaf Avenue in Elk Grove Village. Film Recovery was there engaged in the business of extracting, for resale, silver from used X-ray and photographic film. Metallic Marketing operated out of the same premises on Greenleaf Avenue and owned 50 percent of the stock of Film Recovery. The recovery process was performed at Film Recovery’s plant located at the 1855 address and involved “chipping” the film product and soaking the granulated pieces in large open bubbling vats containing a solution of water and sodium cyanide. The cyanide solution caused silver contained in the film to be released. A continuous flow system pumped the silver-laden solution into polyurethane tanks, which contained electrically charged stainless steel plates to which the separated silver adhered. The plates were removed from the tanks to another room where the accumulated silver was scraped off. The remaining solution was pumped out of the tanks and the granulated film, devoid of silver, shoveled out......

1. List all the evidence for and against the corporations’

and the individuals’ liability for murder and involuntary manslaughter.

2. Why did the court reverse and remand the case?

3. On remand, would you find the defendants guilty of murder? Explain your answer.

4. Do you agree that it’s inconsistent to find that the corporation had one state of mind and the individuals another?