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Ryan plan hints at
clemency 2 addresses set on death
penalty
By Steve Mills Tribune staff
reporter Published January 9,
2003
Gov. George
Ryan, already scheduled to make a major address on the death penalty
Friday, has added a second speech on Saturday, heightening
expectations of capital punishment foes that he will commute some
sentences or even pardon some prisoners before he leaves office
Monday.
Ryan aides have been reaching out to attorneys and
others working on behalf of a handful of Death Row prisoners, asking
if the inmates would have a home and a job lined up if they were
immediately set free.
That
suggests that in addition to commuting death sentences to life in
prison without the possibility of parole, the governor may also
pardon some prisoners or cut their death sentences to time
served.
Paul Ciolino, the private investigator who helped
free Death Row inmate Anthony Porter in 1999, said a member of
Ryan's staff called him on Sunday.
"He said, `What'd happen
if we pardon them?'" Ciolino said.
Ciolino said he has since
given the governor's office information about where inmates Madison
Hobley, 42; Aaron Patterson, 38; and Mario Flores, 37; among others,
would live and work if they are released. All three are from
Chicago.
Ryan, who is speaking at noon Friday at DePaul
University College of Law, has added a speech at 1 p.m. Saturday at
Northwestern University School of Law, according to Ryan spokesman
Dennis Culloton.
Both sites are significant.
Lawyers
at Northwestern and its Center on Wrongful Convictions have been
among the strongest supporters of commutations for all Death Row
inmates, an issue Ryan has struggled with since he said early last
year he was considering such a move.
Death penalty opponents
hope the DePaul site points to a possible pardon for Hobley, who was
convicted of killing seven people, including his wife and infant
son, in a 1987 arson. Attorney Andrea Lyon, who represents Hobley,
heads DePaul's death penalty center.
Culloton said the
governor is continuing to weigh his options. He said the addition of
the Northwestern date was to accommodate all that Ryan wants to say
about an issue the governor has been studying for three
years.
"It's obviously been of intense interest to the public
and [the governor] wants to provide enough time to share his
findings in some depth," Culloton said. "So he'll have two speeches
that he'll be giving to wrap up this effort."
Ryan declared a
moratorium on executions in January 2000 and appointed a commission
to study the death penalty after 13 condemned prisoners were
exonerated.
Culloton said the governor has been reviewing
each Death Row case "and he is going to do his level best to act in
the interest of fairness and justice."
Hobley has maintained
his innocence in the South Side apartment building fire. The case,
which was handled by detectives working for former Cmdr. Jon Burge,
has come under scrutiny for problems with the evidence and
allegations the detectives tortured Hobley.
Burge was fired
in 1993 for torturing convicted cop-killer Andrew Wilson, and a
special prosecutor was named last year to investigate the dozens of
allegations of torture against Burge's officers at their South Side
police station.
Patterson was convicted of a 1986 South
Chicago double murder. Burge's detectives also handled that case,
and Patterson has long alleged he was tortured. A Tribune
investigation in 1998 detailed extensive problems with the evidence
in the case.
Flores, a former high school diving champion,
was convicted of the 1984 murder of a 21-year-old man on the North
Side in what police said was a gang dispute.
Prosecutors, who
opposed commutations during the clemency hearings, are studying
their options, although they acknowledge the governor has broad
clemency powers under the Illinois Constitution.
John Gorman,
a spokesman for Cook County State's Atty. Richard Devine, said
prosecutors were "bracing themselves" for Ryan's
decision.
"Depending on what he says and what he does, we'd
have to look at the law and take a look at the case and then study
all of our options," he said.
Prosecutors, in particular,
have focused on those cases in which inmates did not file and sign a
clemency petition. State law requires that inmates sign their
petition, but about a dozen of the roughly 160 prisoners on Death
Row did not.
Dan Curry, spokesman for outgoing Illinois Atty.
Gen. Jim Ryan, said attorneys in that office also were waiting to
see what the governor does.
"Unless there's some twist that's
unforeseen, we know he has broad powers to grant clemency," Curry
said. "We're certainly not poised to go to court or something. But
we have to see what he does."
Copyright © 2003, Chicago Tribune
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