It all started some years ago when journalism
students at Northwestern University in Chicago were working on
a mid-year project. That project lead them to evidence that
overturned a conviction that people already on that states
death row. This weekend. Outgoing Governor, George Ryan
commuted the death sentences of all 156 people on that states
death row. And it is causing quite some legal waves.
Capital News 9's Legal Eagle, Mike Koenig
stopped by the studio to talk about the issues.
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Death
penalty
 Listen
to the full interview with Mike Koenig.



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Question: What are the ramifications of
George Ryan's decision here in New York State?
Answer: Well, it
is hard to tell. New York State only recently, fairly recently
reinstituted the death penalty and those cases haven't made it
all the way through all those appeals processes yet, so we
don't really know. But what Governor Ryan's action does, is it
brings to the national spotlight the issue of what is this
country going to do with the death penalty. The start of it in
Illinois, was the fact that 13 people in the very recent past
walked off of death row, not because of the legal
technicality, but because they were factually innocent. A jury
convicted them, a jury sentenced them to death, the judge
ordered that sentence, appeals courts rejected appeals and
these people were factually innocent. And what Governor Ryan
did was he pointed to very real holes in our death penalty
system. I think what it is going to do is put the spotlight on
whether this country, as a civilized country, continue to have
the death penalty.
Question: Which
crimes in New York State rise to the level of being punishable
by death?
Answer: The New
York State death penalty statue has a bunch of criteria under
which you can seek the death penalty. It is not just murder.
There is what we call aggravated circumstances that also have
to be met in order for the state to seek death.
Question: Where do
we go from here? In light of this decision in Illinois, what
can we do?
Answer: Well what
I think, what is it going to do Brian? Is it is going to bring
to the debate, whether or not this system is so flawed? I mean
Governor Ryan's actions were sweeping. I think that certainly
those who were factually innocent obviously should not be
sitting in prison. I think the uproar over Governor Ryan's
decision were that there were people who there was no question
about their guilt. And there is no question that they may have
deserved the death penalty. The problem in this country is not
necessarily with the death penalty power, it is with how the
death penalty is carried out. How it is determined. Who is
going to get it and who is not? That is really the crux of the
problem that calls the whole system into question.