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Eric Zorn
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Ryan's answers on
clemency are deficient
Published January 16,
2003
Guest host Chris Bury on ABC's
"Nightline" Monday asked former Gov. George Ryan a question that
won't go away.
Bury--Some of the victims' families are saying
that you should have looked at (Illinois Death Row) cases on an
individual basis, considered the individual facts, as opposed to
issuing this blanket commutation. I'd like you to address
that.
Ryan--I have done
each of these cases on an individual basis, and that's what drove me
to do a blanket commutation.
Bury--You're saying, Governor,
that every one of these cases . . . every single one of them was
judged on the merits?
Ryan--Well, that isn't what I said. . .
. I just said I went over every one of those cases. Now, how do I
cherry-pick those cases when I know there are innocent people going
to Death Row? How do I say this one's guilty and this one isn't? . .
. I looked at every one of those cases. I couldn't tell you which
ones were innocent and which ones were guilty.
Oprah Winfrey
tried again Wednesday, asking Ryan on her show, "Why couldn't you
look at each case? There are some cases where you said you knew
people were guilty."
"I assume people were guilty," Ryan
said. "But you know, we had 13 people exonerated who had all been
found guilty by a jury of their peers. Without question they were
guilty. Every appellate decision they got was the fact that they
were guilty. Clear to the Supreme Court. Only to be found that they
were innocent. . . . I didn't know how I could
cherry-pick."
Questions about the case-by-case versus blanket
approach won't go away because such attempts to reconcile them
aren't persuasive.
Case-by-case, which Ryan so often
promised, suggests an examination of each death sentence and a
ruling up or down on each inmate.
Blanket, which he ended up
taking when he emptied Death Row on Saturday during his last weekend
in office, suggests a wholesale approach to the rulings of a system
"haunted by the demon of error," as he put it. One could lead to the
other, of course.
But Ryan hasn't made the connection. Though
he has repeatedly referred to the "exhaustive" and "in-depth,
individualized review" of "each and every case" performed by him and
his advisers, he hasn't supplied in-depth, individualized critiques
of each case.
Instead, he has supported his move by citing
general flaws with the death penalty, such as the "cherry-picking"
that separates those who deserve to live from those who deserve to
die. The near impossibility of perfecting such choices ought to have
been obvious to him on the day he declared a moratorium on
executions nearly three years ago or at least by April when his
Commission on Capital Punishment filed its stinging 208-page
report.
Yes, the capital justice system, like all
institutions, is as fallible and corruptible as the human beings who
run it. Yes, it picks out a few convicted murderers to be executed
and leaves the majority to rot behind bars, and there are too many
variables ever to make the condemnation process morally
pristine.
But such flaws are fundamental, part of the deal
that supporters of capital punishment accept as the cost of seeking
blood vengeance. No amount of tweaking and reforming will ever fully
correct them. Yet Ryan shrugged and waffled, putting things off and
on burners and tables while giving the families of victims the
apparently false hope that he was weighing the issues and evidence
in their particular cases.
Then, in effect, he announced that
the premise of his moratorium on executions was correct all
along--our death penalty system is way too screwed up to execute
anyone based on its judgments. I'm satisfied with the result. The
state has shown it does not deserve the power to kill even those who
deserve to die.
But I'm not satisfied with the
explanations.
What took Ryan so long to grasp the truths he
now proclaims? And now that he proclaims them, how can he possibly
say he's still undecided about abolition? What doubts did he have,
particularly after the commission report came out, and what specific
evidence resolved them when? If there is no discrepancy between the
case-by-case and blanket approaches because each death sentence fell
short of Ryan's standards for accuracy and fairness, how exactly did
they fall short?
Ryan himself may go away, but until he
answers them, these questions won't.
Copyright © 2003, Chicago Tribune