HICAGO,
Jan. 13 — The Illinois death row should be empty within a
month. But prosecutors say they plan to start filling it up
again immediately.
They cannot undo outgoing Gov. George Ryan's blanket
commutation of 167 death sentences this weekend, but local
prosecutors across the state said today that they would not
let his action hinder their pursuit of capital punishment in
dozens of pending cases. Even so, several acknowledged that
they would probably face new challenges in convincing juries
that the death penalty is just and fair — and a realistic
option.
"We're not going to let the governor's action deter us from
seeking justice in appropriate cases," said John Piland, the
chief prosecutor in Champaign County and the president of the
Illinois State's Attorneys Association.
On the other hand, Mr. Piland said, if a relative of his
was killed, he would ask the prosecutor not to seek the death
penalty.
"It's a cruel hoax," he explained. "There actually is a
death penalty in the state of Texas, in the state of Florida,
and in many other states. In Illinois we can say that we have
that, but in fact I'm not sure it's fair to victims' families
to suggest to them that it truly exists."
Three years after calling a moratorium on executions, Mr.
Ryan, a Republican whose term ended today, last week pardoned
four death-row inmates and commuted the remaining sentences to
terms of life imprisonment, or less.
Outraged prosecutors said today that they would try to
challenge about 20 of the cases. In those cases, inmates were
in the middle of retrials, and the prosecutors argued that
since they were not actively under a sentence of death, they
were ineligible for commutation.
The new governor, Rod R. Blagojevich, a Democrat, plans to
extend the moratorium on executions until he has more
confidence in the application of the death penalty. It remains
unclear, however, which if any of the 85 reforms recommended
by a blue-ribbon commission — but so far rejected by the
Legislature — Mr. Blagojevich might deem essential.
"This is a real strike at the criminal justice system,"
Richard A. Devine, the state's attorney in Cook County, said
of Mr. Ryan's acts. "It really is up to all of us — the
governor, the Legislature, prosecutors, anybody that's
involved in it — to get together and make some hard decisions
about whether we have the death penalty, and if so, what kind,
what crimes, what rules, so that it becomes something in real
life as opposed to just something on the books."
The joy lawyers for the death row inmates might feel was
mitigated today by the task of reviewing scores of files to
determine how the commutations would affect their clients'
broader appeals. Those who were seeking new trials based on
their clients' claims of innocence now have a lifetime
sentence to fight.
"If our client didn't get a fair trial, then we're still
seeking a fair trial," said Theodore A. Gottfried, the state
appellate defender, whose office handled about 120 of the 167
commuted cases.
Prosecutors expressed hope that a backlash against Mr.
Ryan's action might make juries more likely to impose capital
punishment, and that the clean slate would render moot any
concerns about people sentenced under an old system.
They acknowledged, though, that Mr. Ryan's condemnation of
the state's capital system as fundamentally unfair could make
some potential jurors uneasy, and that others might feel
little interest in supporting executions that might not ever
take place.
"People may think, `Why are we doing this when some
governor's going to come along and wipe it out?' " said Joe
Birkett, the state's attorney in DuPage County.
Steve Ferguson, the state's attorney in Coles County, said
Governor Ryan's weekend flurry would not change his strategy
in a capital trial scheduled to begin Jan. 27, in which
Anthony Mertz is accused of sexually assaulting and
suffocating Shannon McNamara, a fellow student at Eastern
Illinois University.
The judge in that case already quashed a motion to void the
death penalty because of the moratorium. If the defense raises
the mass commutation as an issue, Mr. Ferguson said, "I will
object, because that's irrelevant."
Meg Gorecki, the prosecutor in suburban Kane County, said
she would ignore Mr. Ryan's action in four capital cases she
has awaiting trial or sentencing. She also planned to dismiss
it as an element in a pending decision she must make about
whether to seek the death penalty in a double-homicide
case.
Ms. Gorecki and a committee of 15 prosecutors in her office
meet once a month to study possible capital cases, reviewing
each one at least three times before taking an advisory vote
on whether to pursue a death sentence. The group compares the
facts of the murder with cases in other counties, examines the
evidence, checks the defendant's criminal history, and makes
sure the person was the primary offender, Ms. Gorecki
said.
"I will continue to do exactly what I've been doing," she
said. "I will not let one moment in time, which I don't
believe was well reasoned and well thought out, to change a
process and a system that has worked."
Despite prosecutors' resolve, the landscape for capital
cases remains uncertain. Illinois death-row inmates waited an
average of 13 years between sentencing and execution, and it
seems unlikely that the death chamber will be used any time
soon.
"Did you hear Governor Blagojevich say there's still a
moratorium?" asked Bernie Murray, chief of the criminal
prosecutions bureau in Cook County. "My question is, for
who?"