Though there is a mora­to­ri­um on exe­cu­tions in Illinois, pros­e­cu­tors in the state are still seek­ing cap­i­tal con­vic­tions, and many juris­dic­tions are rely­ing on the tax­pay­er-fund­ed Illinois Capital Litigation Fund to off­set the high costs of death penal­ty cas­es. It costs a lot of mon­ey,” observed 6th Circuit Chief Judge John Shonkwiler when asked about the expens­es asso­ci­at­ed with cap­i­tal pun­ish­ment tri­als. Dee Dee Rentmeister, an admin­is­tra­tive assis­tant to the DeWitt County Board, agreed, not­ing that the coun­ty recent­ly relied on the fund to cov­er approx­i­mate­ly $1.43 mil­lion in cap­i­tal tri­al expens­es for two defen­dants who ulti­mate­ly did not receive the death penal­ty. If we had had to pick up the mil­lions, oh my God. We would have had to bor­row mon­ey some­place,” Rentmeister said.

According to DeWitt County, it cost a total of $1.75 mil­lion to pros­e­cute and defend Maurice LaGrone and Amanda Hamm for the 2003 drown­ing deaths of Hamm’s three chil­dren. Of that, coun­ty cit­i­zens paid $321,000, and the Illinois Capital Litigation Fund cov­ered the remain­ing expens­es. From the defense per­spec­tive, I don’t know too many peo­ple who actu­al­ly could afford, on their own, some­one to rep­re­sent them. I think it would be almost an impos­si­bil­i­ty,” said DeWitt County Judge Stephen Peters, who presided over the cas­es of LaGrone and Hamm and is cur­rent­ly pre­sid­ing over anoth­er cap­i­tal case in the coun­ty. Rentmeister not­ed that the expens­es cov­ered by the County fell over two fis­cal years, which helped a lit­tle bit,” but that the high costs of the two death penal­ty cas­es required Board offi­cials to dip into the juris­dic­tion’s con­tin­gency fund. We thought we were going to have to hit the build­ing fund (but did­n’t),” she added.

The Illinois Capital Litigation Fund was estab­lished as part of major death penal­ty reforms enact­ed near the begin­ning of this decade. It was cre­at­ed to equal­ize the vast resources of the state and the most­ly indi­gent defen­dants for whom the state was seek­ing the death penal­ty. The mon­ey has been avail­able since January 2000, the same year that for­mer-Governor George Ryan declared a mora­to­ri­um on exe­cu­tions due to con­cerns about the accu­ra­cy and fair­ness of the death penal­ty. Though its orig­i­nal bud­get was $3.35 mil­lion, the fund now has $4.5 mil­lion avail­able to the 101 Illinois coun­ties besides Cook County, which has sep­a­rate resources for cap­i­tal tri­als. The increase occurred in 2004, two years after the fund ran out of mon­ey before the con­clu­sion of the fis­cal year. Of the $4.5 in tax­pay­er dol­lars, $3 mil­lion is ear­marked for the expens­es of appoint­ed coun­sel, $1 mil­lion is reserved for state’s attor­neys, and $500,000 is set aside for pub­lic defend­ers.

(The News-Gazette, August 13, 2007). See Costs.

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