Illinois

Illinois

Legislature Lets Illinois Governor's Death Penalty Reinstatement Proposal Die

An attempt by Illinois Governor Bruce Rauner (pictured) to reinstate Illinois' death penalty by attaching it as an "amendatory veto" to proposed gun-control legislation has failed. Rather than accede to a plan that would condition stricter gun regulation upon reintroducing the death penalty for murders of police officers and any murder with more than a single victim, the state legislature rewrote the gun-control measure the governor had amended, dropping any mention of capital punishment. In May, Gov. Rauner used an amendatory veto—a power some governors are granted that permits them to amend legislation in lieu of an outright veto—to add death-penalty reinstatement to a bill that created a 72-hour waiting period for gun purchases. The governor's provisions would have created a new crime of "death penalty murder," potentially applicable whenever a police officer or more than one person was killed, subject to a "proof beyond all doubt." Rauner touted his changes, which also included additional gun control measures, as a comprehensive public-safety policy, but critics called it political grandstanding and state prosecutors objected to its adoption through the veto process without meaningful review and consideration. In a letter to the state House Judiciary-Criminal Committee, John Milhiser, the association's President, wrote: "there is no consensus of opinion on support for the death penalty" among Illinois prosecutors, but they agreed that the proposal "involves constitutional and legal concerns that cannot be evaluated in the brief time thus far allotted." Democratic state Rep. Jonathan Carroll, the gun-control bill's sponsor, said the governor had not consulted him about possible changes and had "hijacked my bill and put politics ahead of policy." The state house held a brief hearing on the bill on May 21, but did not act on it within the 15-day state constitutional window prescribed for consenting to an amendatory veto. On May 31, 2018, the final day of the legislative session, the legislature passed a clean version of the 72-hour waiting period bill, with no mention of the death-penalty proposal. Governor Rauner has 60 days from passage to take action on that bill.

Illinois Governor Uses Gun-Control Veto to Attempt to Re-Enact Death Penalty

lllinois Governor Bruce Rauner has conditionally vetoed a gun-control initiative unless the legislature agrees to reinstate capital punishment in the state. Exercising an amendatory veto—a power some governors are granted that permits them to amend legislation in lieu of an outright veto—Rauner called for making the killing of a police officer or any murder in which more than one person was killed a new crime of "death penalty murder." In a May 14, 2018 news conference at the Illinois State Police forensic laboratory in Chicago, Rauner said "individuals who commit mass murder, individuals who choose to murder a law enforcement officer, they deserve to have their life taken." He attached his death-penalty plan and several other gun-control amendments to a bill that would have established a 72-hour waiting period for the purchase of assault rifles in Illinois. Legislative leaders and major Illinois newspapers blasted the action as diversionary political gamesmanship by a weakened governor facing a difficult re-election campaign, and said the death-penalty plan had little chance of enactment. Democratic state Rep. Jonathan Carroll, the gun-control bill's sponsor, said the governor had not consulted him about possible changes and had "hijacked my bill and put politics ahead of policy." Senate President John Cullerton said: “The death penalty should never be used as a political tool to advance one’s agenda. Doing so is in large part why we had so many problems and overturned convictions. That’s why we had bipartisan support to abolish capital punishment.” Thomas Sullivan, the co-chair of Commission on Capital Punishment in Illinois appointed by Republican Gov. George Ryan, said Rauner's plan was a “lousy idea.” He called the death penalty expensive and time-consuming, and said, "It doesn’t reduce crime." The Chicago Tribune editorial board characterized Rauner's amendatory veto as "cynical" and a "death penalty ploy" that the paper said was intended "to re-establish [Rauner's] bona fides with disgruntled conservative Republicans." A Chicago Sun-Times editorial said the governor knew he was "load[ing] up the bill with so many major new provisions that there is no way" the state legislature would approve it, enabling Rauner to claim he "didn’t technically kill the cooling off period ... without strictly telling a lie." In 2000, after a series of death-row exonerations, Ryan declared a moratorium on executions in Illinois and appointed the commission, and in 2003 commuted the sentences of everyone on the state's death row. Democratic Gov. Pat Quinn signed a bill to abolish the state's death penalty in 2011. The Tribune editorial said: "The death penalty issue in Illinois was examined and debated for years in light of notorious incidents of wrongly convicted defendants sent to death row. In Illinois, the legitimate sentiment of many that certain heinous criminals should be put to death was weighed against the risk of errors, and the decision was made to end capital punishment. ... [N]othing has changed to make Rauner’s [May 14] announcement worthy of consideration."

Experience Shows No “Parade of Horribles” Following Abolition of the Death Penalty

States that have recently abolished the death penalty have not experienced the “parade of horribles”—including increased murder rates—predicted by death-penalty proponents, according to death-penalty experts who participated in a panel discussion at the 2017 American Bar Association national meeting in New York City. Instead, the panelists said, abolition appears to have created opportunities to move forward with other broader criminal justice reforms. The transcript of that panel presentation, Life After the Death Penalty: Implications for Retentionist States, which was posted by the ABA on January 3, features discussion of the political factors that contributed to repeal and research into the effects of death-penalty abolition in those states in which repeal has recently occurred. The panel discussion, jointly hosted by the American Bar Association Section of Civil Rights and Social Justice and the New York City Bar Association in August 2017, featured four speakers with backgrounds in death-penalty activism, reform, or research: Thomas P. Sullivan, Co-Chair of the 2000 Commission on Capital Punishment in Illinois; Shari Silberstein, Executive Director of Equal Justice USA; Celeste Fitzgerald,& former Director of New Jerseyans for Alternatives to the Death Penalty; and Robert Dunham, Executive Director of the Death Penalty Information Center. The first three speakers described the circumstances that led to abolition in the six states that legislatively repealed or judicially abolished capital punishment between 2007 and 2014 and explained how abolition sponsors overcame opponents' arguments that, as Fitgerald characterized it, “abolition would bring about a 'parade of horribles.'” Silberstein summarized those worries, saying, “The death penalty proponents' arguments were all the traditional ones you would expect. They talked about the bloodbath that would come if there were no death penalty: murders would spike; the killings of police officers would spike; killings of corrections officers would spike.” Dunham discussed DPIC's research on three decades of murder rates in the U.S., which, he said, shows that abolition of the death penalty had no discernible effect on murder rates in general or murder rates of police and corrections officers killed in the line of duty. Dunham said that if the arguments advanced by death-penalty proponents were factually supported, murder rates in general and the rates at which police and corrections officers were killed should have risen after states abolished the death penalty, both in those states and in comparison to trends in other states. And, Dunham said, “if—as opponents of death-penalty abolition had argued—police officers were especially vulnerable without the death penalty and its repeal would lead to 'open season on police officers,' you'd expect to see not just an increase in the rate at which police officers were killed, but an increase in the number of murders of police officers as a percentage of all homicides.” None of this happened, he said. Instead, murders of law enforcement officers were much lower in the states that recently abolished the death penalty. “[T]he death penalty appears to make no measurable contribution to police safety,” Dunham said. The panelists also observed that repeal of capital punishment had created an opportunity for additional criminal justice reform. Sullivan noted that, prior to repeal, “[a] great deal of time, attention, and effort were spent on the few cases that involved the death penalty in Illinois, while little attention was given to the huge number of people who were convicted and incarcerated for crimes. All that time, attention, and money can now be shifted to reforming the entire Illinois criminal justice system. That would mean that there has been a double benefit from having abolished the death penalty in Illinois.” Silberstein said that in New York, abolition permitted “stakeholders who could not talk to each other in the same way when the death penalty was on the table because [of] differences over the death penalty” to discuss “how best to achieve the key goals of safety and healing [and] work on increasing funding and programs to reduce violence.”

Former Death-Row Prisoner Exonerated in Illinois, Seized by ICE

Former Illinois death-row prisoner Gabriel Solache (pictured), a Mexican national whose death sentence was one of 157 commuted by Governor George Ryan in January 2003, was exonerated on December 21, 2017 after twenty years of wrongful imprisonment, but immediately seized by agents of the U.S. Immigration and Customs Enforcement Agency. Cook County prosecutors dropped charges against Solache and his co-defendant Arturo DeLeon-Reyes after Circuit Court Judge James Obbish overturned their convictions, finding that disgraced Chicago detective Reynaldo Guevara had told “bald-faced lies” under oath when he testified to having no memory of interrogating Solache and DeLeon-Reyes and denied having beaten false confessions out of the men. DeLeon-Reyes also was immediately arrested by ICE agents. Solache and DeLeon-Reyes were convicted in separate trials, and Solache was sentenced to death, for the 1998 stabbing deaths of Jacinta and Mariano Soto during a home robbery. No physical or biological evidence linked either man to the murder, but they were convicted based upon confessions they have long said were coerced by Guevara over the course of three days of interrogation in which they were denied their right to consular assistance by the Mexican government, deprived of sleep, and given little food or drink until they falsely implicated themselves. Solache's purported confession was written entirely in English by an assistant state attorney who did not speak Spanish. Solache did not speak or read English and said that Guevara never translated the written statement for Solache before getting him to sign it. Guevera has been accused of framing defendants of murder in 51 cases. According to Northwestern University's Center on Wrongful Convictions, Solache and DeLeon-Reyes are the sixth and seventh defendants freed in the last two years as a result of misconduct by Guevara. To date, nine defendants have been released in cases in which Guevara was alleged to have beaten them or coerced witnesses into providing false testimony. Solache is the 161st person wrongly convicted and sentenced to death in the United States to have been exonerated since 1973, and the twenty-first in Illinois. At least a dozen of those exonerations have involved misconduct by Chicago police, including five cases in which the notorious "Burge Squad" beat or tortured confessions out of innocent defendants. Aaron Patterson, Leroy OrangeMadison Hobley, and Stanley Howard—members of the "Death Row Ten," who asserted that their convictions were the product of false confessions obtained as a result of police torture at the hands of notorious Chicago Police Commander Jon Burge—received full pardons by Governor Ryan. Ronald Kitchen, another member of the Death Row Ten, was exonerated in July 2009. Among the tactics the "Burge Squad" employed to elicit confessions were shocking suspects in the genitals with cattle prods, beating suspects over the head with phonebooks, and pointing guns in the faces of minors.

Federal Jury Awards Illinois Death Row Exoneree $22 Million in Damages

A federal jury awarded $22 million in damages to Nathson Fields (pictured), who was wrongfully convicted of a gang-related murder and sentenced to death in 1986. Fields was exonerated in 2009. The jury found that two Chicago police detectives violated Fields' civil rights by hiding critical evidence that suggested he did not commit the crime of which he was convicted. For many years, the Chicago police department maintained a practice of keeping secret "street files" on potential suspects. That policy was officially terminated in 1983, after exposure by a whistleblower. The secret files were hidden in a storage basement where they would not be subject to subpoena. Despite the department's claims that it was no longer keeping such files, the jury found that at the time Fields was arrested and charged, the city had a pattern and practice of keeping the secret street files in homicide investigations even though it had officially disavowed the practice. Hundreds of street files were discovered in 2011, including one relating to Fields. Fields' file contained handwritten notes on alternate suspects and lineup cards that had been withheld from his attorneys at his trial. In addition to the $22 million award for which the city of Chicago is liable, the jury also assessed a total of $40,000 in punitive damages against Sgt. David O'Callaghan and Lt. Joseph Murphy personally, which the men may be required to pay themselves. At a press conference after the ruling, Fields described the despair he had felt during his time on death row, especially as he saw other prisoners taken to their executions. "I had times that I was under so much stress I didn't think I could take any more, so this day is very humbling, and I'm so happy," he said.

BOOKS: One Woman's Journey After Her Sister's Murder

Jeanne Bishop has written a new book about her life and spiritual journey after her sister was murdered in Illinois in 1990. Change of Heart: Justice, Mercy, and Making Peace with My Sister's Killer tells Bishop's personal story of grief, loss, and of her eventual efforts to confront and reconcile with her sister's killer. She also addresses larger issues of capital punishment, life sentences for juvenile offenders, and restorative justice. Former Illinois Governor George Ryan said of the book, "When I commuted the death sentences of everyone on Illinois's death row, I expressed the hope that we could open our hearts and provide something for victims' families other than the hope of revenge. I quoted Abraham Lincoln: 'I have always found that mercy bears richer fruits than strict justice.' Jeanne Bishop's compelling book tells the story of how devotion to her faith took her face-to-face with her sister's killer .... She reminds us of a core truth: that our criminal justice system cannot be just without mercy."

Four Decades of Helping to Free the Innocent

Rob Warden, who is stepping down as the executive director of the Center on Wrongful Convictions, recently spoke about the work of finding and freeing innocent defendants. Warden helped exonerate almost 60 people, including many who had been sentenced to death. He noted that some of the success of the Center was the result of timing: "Part of it was the fortuitous advent of DNA forensic technology, which suddenly showed that many people had been wrongfully convicted. And that, in turn, gave credence to the non-DNA cases where there was persuasive evidence of wrongful convictions. It just changed the momentum." He said that exposing flaws in the justice system has been one of the Center's most important contributions: "[V]irtually nobody believed that people would confess to crimes they hadn't committed. We have been extremely important in exposing the phenomenon of false confessions and the psychological phenomena that lead to it. And we've exposed the fallacies of evidence that were often used to convict people, including misinterpretations of forensic results and the use of so-called jailhouse snitch testimony. People never really took that seriously until we started showing that they were leading to serious miscarriages of justices."

INNOCENCE: The Role of Journalists in Freeing An Innocent Man

The fortuitous investigation of a case by persistent journalists, rather than the workings of the limited appellate process, has led to the exoneration of a number of innocent individuals. Maurice Possley (l.), a former reporter for the Chicago Tribune, recently wrote how he and fellow-journalist Steve Mills (r.) helped free Daniel Taylor (c.) in Illinois, where he had spent more than 20 years in prison. In 2001, the reporters published a story exposing the false and coerced confession that led to Taylor’s conviction, but it would be more than a decade before Taylor was freed. Evidence showed that Taylor was arrested for fighting and was in jail on the night of the murders in question. Eventually, the state discovered documents in the prosecutor’s files that had remained hidden for 19 years indicating police officers were certain Taylor was in jail and could not have committed the crime. Taylor's is among the 1,200 wrongful convictions listed in the National Registry of Exonerations. DPIC’s Innocence List includes 142 death row inmates who have been exonerated and freed. Such investigatory reporting contributed to Illinois's decision to abolish the death penalty in 2011.

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