The other day I received a call from Nelson Mandela. I was at Manny's
having a corned beef sandwich, and I talked to Mandela for about 20
minutes. The message he basically delivered to me was that the United
States sets the example for justice and fairness for the rest of the
world. We're not in league with Europe, Canada, Mexico, most of South and
Central America. These countries rejected the death penalty. We are
partners in death with several Third World countries. Did you know that
even Russia has called a moratorium?
The death penalty has been abolished in 12 states, and in none of these
has the homicide rate increased. Now here's a good number for you to
remember: in Illinois last year we had about 1000 murders, and only 2 per
cent of that 1000 were sentenced to death. Where is the fairness and
equality in that? The death penalty in Illinois is not imposed fairly or
uniformly because of the absence of standards for 102 counties in this
state. The state's attorneys decide whether to request the death sentence.
Should geography be a factor in determining who gets the death sentence? I
don't think it should, but in Illinois it makes a difference.
I never intended to be an activist on this issue, needless to say. Soon
after taking office I watched in surprise and amazement as freed death row
inmate Anthony Porter was released from jail. As a free man, he ran into
the arms of Northwestern University professor Dave Protess. It was a
memory I'll never forget, seeing Porter run into his arms as a free man.
Protess poured his heart and soul into proving Porter's innocence with his
journalism students.
Porter was 48 hours away from being wheeled into the execution chamber,
where the state would kill him. It would all be so antiseptic, and most of
us would not have even paused, except that Porter was innocent. He was
innocent of the double murder for which he had been condemned to die.
And after Porter's case there was a report by Chicago Tribune
reporters Steve Mills and Ken Armstrong that documented the systemic
failures of our capital punishment system. I can't imagine: half of the
nearly 300 capital cases in Illinois had been reversed for a new trial or
resentencing. How many of you here today who are professionals can get by
with 50 per cent accuracy?
Thirty three of the death row inmates were represented at trial by an
attorney who was later disbarred or at some point suspended from the
practice of law. Of the more than 160 death row inmates, 35 were
African-American defendants who had been convicted or condemned to die not
by a jury of their peers, but by all-white juries. More than two-thirds of
the inmates on death row were African-American. And 46 inmates were
convicted on the basis of testimony from jailhouse informants.
I can recall looking at these cases and the information from the
Mills/Armstrong series and I asked myself, and my staff: how in God's name
does that happen? In America, how does it happen? I've been asking this
question for nearly three years and so far nobody's answered this
question.
Then, over the next few months, there were three more exonerated men,
freed because their sentence hinged on a jailhouse informant, or new DNA
technology proved beyond a shadow of doubt their innocence.
Thirteen men found innocent, 12 executed. There is not a doubt in my
mind that the number of innocent men freed from our death row stands at 17
now, because yesterday we pardoned Aaron Patterson, Madison Hobley,
Stanley Howard and Leroy Orange.
Our capital system is haunted by the demon of error: error in
determining guilt, and error in determining who among the guilty deserves
to die. Because of all of these reasons, today I am commuting the
sentences of all death row inmates.
I realise it will draw ridicule, scorn and anger from many who oppose
this decision. They'll say that I am usurping the decisions of judges and
juries and state legislators.
But the people of our state have vested in me to act in the interest of
justice. Even if the exercise of my power becomes my burden, I'll bear it.
Because our constitution compels it.
I sought this office, and even in my final days of holding it I can't
shrink from the obligations to justice and fairness that it demands.
There have been many days and many nights where my staff and I have
been deprived of sleep in order to conduct the exhaustive review of the
system. But I can tell you this: I'm going to sleep well tonight knowing I
made the right decision.
The New York Times
This is an edited excerpt from a transcript of a speech that Governor
George Ryan of Illinois delivered on Saturday at Northwestern University
about his decision to commute the sentences of all prisoners on the
state's death row.
