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Death penalty foes think Ryan won't disappoint their hopes





Illinois Gov. George Ryan

SPRINGFIELD, Ill. - George Ryan, in one of his last acts as governor of Illinois, travels today to Chicago where he is expected to announce whether he is sparing perhaps all 160 inmates on the state's death row.

Ryan will speak at noon today at the DePaul University School of Law and at 1 p.m. Saturday at the Northwestern University School of Law, venues that suggest how Ryan is going to act. Both law schools have worked to free death row inmates.

A source close to the clemency process, who spoke Thursday only on condition of anonymity, told the Associated Press Ryan would pardon Aaron Patterson, Madison Hobley, Leroy Orange and Stanley Howard. All four men have alleged that Chicago police tortured them into making confessions.

"I don't think he would come and give a speech that was going to greatly disappoint us," said Rob Warden, executive director of the Northwestern University Center on Wrongful Convictions. "Let's put it this way, he's not giving the speech at the Cook County state's attorney's office."

While the decision is drawing worldwide attention, it is being intensely watched by relatives of those killed by those death row inmates.

Eight of the inmates are from the Metro East area. Together, they killed 23 people, authorities charged.

Mary Dean of East St. Louis, whose 14-year-old daughter was murdered in 1992 by death row inmate Lorenzo Fayne, said in an interview this week that she strongly opposed Ryan commuting Fayne's sentence.

"I'm missing my daughter," Dean said. "I think about her all the time. . . . I wish Gov. Ryan wouldn't do it. Why? Why?"

Ryan, who leaves office on Monday, might also announce total pardons for some inmates, thus freeing them from prison. The Chicago Tribune reported Thursday that Ryan's staff had made calls to advocates for a handful of death row inmates to ask where they would live and work if released.

Ryan's decision is the culmination of a three-year examination of Illinois' capital punishment system. The governor, a Republican who formerly supported the death penalty, placed a freeze on executions in January 2000, after Illinois courts had freed 13 inmates who had been on death row.

Ryan's suggestion of a blanket clemency prompted nearly all death row inmates to seek mercy. That in turn led to clemency hearings in the fall that replayed some of the state's most gruesome murders.

The debate has pitted two groups - prosecutors, joined by the victims' families, who vehemently oppose a blanket commutation - and opponents of capital punishment, who hope that a sweeping commutation will mean a dramatic step forward for their cause.

"Nationally, this can have huge implications," said Marlene Martin, national director of the Campaign to End the Death Penalty, a group based in Chicago. "I'm optimistic he will do the right thing. The death penalty is flawed and it's too flawed to be fixed. We need to wipe clean death row."

St. Clair County State's Attorney Robert Haida said such a blanket commutation would be irresponsible and reckless. If the governor does commute the death sentence en masse, Haida said, there is talk among prosecutors of launching a legal challenge.

Haida said, though, that the governor's power to grant clemency is almost unlimited.

"As prosecutors, we learn about the crimes, we know the survivors, we know the horrors that were perpetrated by those found guilty of the crime," Haida said. "For the vast majority of those found guilty to get the benefit for one guy found wrongfully convicted - it's completely in contrast to the criminal justice system as I know it. I find the idea repugnant."

A University of Illinois law professor, Francis Boyle, said this week that he would nominate Ryan for the Nobel Peace Prize later this month, commending him for his "heroic, courageous and principled opposition" to the state's capital punishment system.

Relatives of some victims said they were worried that a nomination for the peace prize, which includes a large cash award to the recipient, would give Ryan incentive to commute the sentences of Illinois' death row inmates.

"We just feel that now there's a financial reward for him," Paul Nersesian, 41, of Belleville, said in an interview this week.

Nersesian's brother, Sam Nersesian, 23, was murdered at their family's dry-cleaning business in East St. Louis in 1979. Andre Jones, now 46, was sentenced to die for killing Sam Nersesian and two other people in two armed robberies.

"There's a reward for him to grant clemency for all," Paul Nersesian said. "We just feel that's somewhat unfair to the families. To put that carrot in front of him, to possibly entice him to make that decision, may be the X factor that tips his hand."

Jones was defended by Joan Pantsios, of the state appellate defender's office, at the clemency hearings in October. The board listened to clemency petitions from more than 140 inmates on death row and forwarded its secret recommendations to the governor. Ryan is not obligated to follow those recommendations.

Pantsios described the last three years as a "roller coaster" for opponents to the death penalty.

"This is a historic moment in time," Pantsios said. "The moratorium was a first, and then the report by the commission - it's been unprecedented. It's hard at this point to separate your expectations from your hopes, but I'm hopeful there will be a blanket commutation."

The report Pantsios referred to was written by a commission formed by the governor after he imposed the freeze. A commission with members from both sides of the debate recommended more than 85 reforms to Illinois' death penalty system.



The Associated Press and William Lamb and Norm Parish, both of the Post-Dispatch staff, contributed to this report.

Reporter Alexa Aguilar:
E-mail: aaguilar@post-dispatch.com
Phone: 217-782-4912



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