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Legal Eagle



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.




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.



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