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Emptying of death row in Illinois stirs outrage
The Knox News Sentinel ^ | 1/12/03 | Don Babwin/AP

Posted on 01/12/2003 7:06:53 AM PST by GailA

Emptying of death row in Illinois stirs outrage Action by governor inflames prosecutors, survivors of victims

By DON BABWIN, Associated Press January 12, 2003

CHICAGO - Calling the death penalty process "as capricious and arbitrary as who gets hit by a bolt of lightning," Republican Gov. George Ryan announced Saturday he was clearing Illinois' death row by commuting the death sentences of 156 condemned inmates, a move on a scale unprecedented in U.S. history.

Ryan's action, just two days before he leaves office, drew immediate angry reaction from prosecutors, the incoming governor and relatives of some of the victims.

Ryan said he sympathizes with the families of the men, women and children who were murdered, but he felt he had to act.

"I am not prepared to take the risk that we may execute an innocent person," he wrote in an overnight letter to the victims' families warning them of what he planned.

"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," Ryan said Saturday. "What effect was race having? What effect was poverty having?

"Because of all these reasons, today I am commuting the sentences of all death-row inmates."

All but three of the 156 inmates will now serve life in prison without possibility of parole. The three will get shorter sentences and could eventually be released from prison, though none will get out immediately.

Ryan had halted all executions in the state nearly three years earlier after courts found that 13 Illinois death-row inmates had been wrongly convicted since capital punishment resumed in 1977 - a period when 12 other inmates were executed.

He said studies conducted since that moratorium was issued had only raised more questions about the how the death penalty is imposed. He cited problems with trials, sentencing, the appeals process and the state's "spectacular failure" to reform the system.

"Because the Illinois death penalty system is arbitrary and capricious - and therefore immoral - I no longer shall tinker with the machinery of death," he said.

Other governors have issued similar moratoriums and commutations but nothing on the scale of what Ryan announced.

"The only other thing that would match what he's done is in 1972 (when) the U.S. Supreme Court overturned the death penalty and 600 death sentences were reduced to life with that decision," said Richard Dieter, executive director of the Death Penalty Information Center.

The most recent blanket clemency came in 1986 when the governor of New Mexico commuted the death sentences of the state's five death-row inmates.

Maryland Gov. Parris Glendening, who last year issued the country's only other moratorium on state executions, has no plans to pardon or commute the sentences of any death-row inmate before leaving office Wednesday, spokesman Chuck Porcari said.

Ryan chose Northwestern University - where journalism students investigating Illinois death-row cases helped exonerate some inmates - to publicly announce that he was commuting the 156 death sentences.

Corrections Department spokesman Sergio Molina said Ryan had signed commutation orders for 167 people - 156 on death row and the others in jails awaiting hearings or sentencings for other crimes.

Within a week the department will start moving prisoners out of the state's two condemned units" and into the general population of maximum-security prisons, Molina said.

Vern Fueling, whose son William was shot and killed in 1985 by a man now on death row, was outraged that the killer will be allowed to live.

"My son is in the ground for 17 years, and justice is not done," Fueling said. "This is like a mockery."

Incoming Gov. Rod Blagojevich, a Democrat, also criticized Ryan's action, calling blanket clemency "a big mistake." Each case should be reviewed individually, Blagojevich said. "You're talking about people who've committed murder."

Ryan on Friday went a step farther in four other death-row cases, issuing pardons for four men he said had been tortured by police into making false confessions.

A few hours later, Aaron Patterson, 38, walked out of prison a free man and ate his first steak dinner in 17 years, while Madison Hobley and Leroy Orange spent time with their families.

Stanley Howard, 40, the fourth man pardoned Friday, remained in prison. He had also been convicted of a separate crime for which he is still serving time. All four had been convicted in murders.

"It's a dream come true, finally. Thank God that this day has finally come," said Hobley, 42, as he left the Pontiac Correctional Center Friday.

Looking a bit dazed, Orange, 52, walked out of Cook County Jail with his two daughters by his side.

"Thank you with all my heart and please do something for the remaining group on death row," he said, addressing Ryan.

Ryan announced the pardons Friday at DePaul University in the first of two speeches capping his three-year campaign to reform the state's capital-punishment system.

Patterson's mother, Jo Ann, said she was overwhelmed when she heard the news.

"I don't believe in miracles, but this is a miracle," she said.

Reaction to the pardons from death-penalty supporters was swift.

Cook County State's Attorney Dick Devine said the future of the four men should have been decided by the courts. His office is trying determine if the pardons could be challenged, but Devine said the clemency powers for an Illinois governor are among the broadest in the country.

"Instead, they were ripped away from (the courts) by a man who is a pharmacist by training and a politician by trade," he said. "Yes, the system is broken, and the governor broke it today."

Ollie Dodds, whose 34-year-old daughter, Johnnie Dodds, died in an apartment fire that Hobley was convicted of setting, said she was saddened by Ryan's decision.

"I don't know how he could do it. It's a hurting thing to hear him say something like that," she said, adding that she still believes Hobley is responsible.

"He doesn't deserve to be out there."


TOPICS: Crime/Corruption; Culture/Society; Front Page News; Government; Politics/Elections; US: Illinois
KEYWORDS: corruption; crime; deathrow; killers; ryan
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To: Dialup Llama
I'm not sure there is a logical solution. I just have a problem with an acceptable error rate. What rate do you consider reasonible for executing innocent men?
21 posted on 01/12/2003 8:24:35 AM PST by steve50
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To: Xthe17th
And if we're gonna execute people, let's do it right - BY PUBLIC HANGING!

The Saudis believe that beheading is more humane.

Maybe they've done studies.

22 posted on 01/12/2003 8:25:32 AM PST by Six Bells
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To: GailA
The usual standard of justice in America, i.e. guilty beyond a reasonable doubt, is clearly not good enough for capital punishment. You can't unhang somebody; the criteria for capital punishment has to be guilty beyond any doubt whatsoever. In particular, I get the impression that too many black people have been convicted of crimes by eye-witness testimony from people who couldn't tell two black people apart if one was male and the other female or one alive and the other dead.
23 posted on 01/12/2003 8:34:03 AM PST by merak
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To: Xthe17th
I agree. If the death sentence for serious crimes is to have its intended detering effect, the executions should be carried out in public, not in secret. The executions should be performed on the grounds of the county courthouse in the county where the crime was committed. Hanging, firing squad, beheading or other similar methods could be used. The electric chair could be used if it were mounted on a pedestal so that all could see. The executions should be performed on Saturday afternoons so that most people would have an opportunity to attend and since the children would be out of school.
24 posted on 01/12/2003 8:40:23 AM PST by Edmund Burke
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Comment #25 Removed by Moderator

To: steve50
The way to handle this, if you truly thought that innocent people had been executed, was a CASE BY CASE review. Anything else is just grandstanding.
26 posted on 01/12/2003 8:58:18 AM PST by Republic of Texas
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To: GailA
Another candidate for some 'unintended consequences'.
27 posted on 01/12/2003 9:01:59 AM PST by Noumenon
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To: GailA
One must wonder how many victims' family members will take the law into their own hands since the system has collapsed to such an extent...............??
28 posted on 01/12/2003 9:03:14 AM PST by RightOnline
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Comment #29 Removed by Moderator

To: Xthe17th
I like your Public Hanging policy. In the old days, you could count on a public hanging drawing out 15 to 20 thousand spectators. That's twice the number of people that show up for a Montreal Expos game.

THERE'S AN IDEA! Maybe Montreal could save their Expos if they held a Public Hanging at every game!!!

It'd sure give new meaning to the "7th Inning Stretch".

30 posted on 01/12/2003 9:18:19 AM PST by Wondervixen (Ask for her by name--Accept no substitutes!)
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To: Notforprophet
He's proof positive that even the Republicans can have a bad apple in the bin every once in a while. I'm guessing he was more RINO than true conservative?
31 posted on 01/12/2003 9:21:30 AM PST by Wondervixen (Ask for her by name--Accept no substitutes!)
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To: Republic of Texas
According to Ryan he made the efforts to allow the system to reform itself, it refused. I guess he made the decision he couldn't live with the error rate.
You don't execute an innocent man, you murder him. Some can't accept that.


32 posted on 01/12/2003 9:25:49 AM PST by steve50
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To: steve50
I guess the question here is steeped in reality vs fiction. Was his decision based on a really strong set of facts or was Ryan exaggerating the biggest part of this?
33 posted on 01/12/2003 9:28:45 AM PST by Wondervixen (Ask for her by name--Accept no substitutes!)
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To: Republic of Texas
The governor could have set a good example by establishing a case by case review by outside agencies...but he didn't even want to try that. I would guess that the state will attempt to take 'pardon' capability away from the governorship and establish some 3-man commission that have authority over that. As for the Republicans...my guess is that it will be a major charged up issue in two years and that the democrats are destined to take the state.
34 posted on 01/12/2003 9:30:10 AM PST by pepsionice
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To: Notforprophet
George Ryan had already singlehandedly destroyed the GOP in Illinois for years to come. The scandals surrounding him and his cronies cost the Republicans the Governor's mansion, and every other statewide office except Treasurer. Now he does this, in a vain and desperate attempt at some sort of legacy. What an A-hole.

Couldn't agree more. I was a resident of Illinois for the first 39 years of my life; have lived elsewhere for the last ten, but have followed my home state's politics. George Ryan may well be the worst governor not only in my lifetime, but maybe in Illinois history. The embarrassing thing is, he's supposed to be a Republican.

35 posted on 01/12/2003 9:37:32 AM PST by Charles Henrickson
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To: steve50
Although I consider the actions of Illinois' top suspected felon to be unspeakably cruel to the victims' families, I respect your thoughts on why he did what he did.

Consider this: As a proponent of the death penalty (both as punishment and, to a lesser extent, as a deterrent), I will acknowledge the possibility that a person innocent of capital murder could be executed. On the other hand, opponents of the death penalty (or those, such as yourself, who want certainty in its application) must acknowledge that without the death penalty, more innocent people will be murdered.

36 posted on 01/12/2003 9:46:31 AM PST by glennaro
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Comment #37 Removed by Moderator

Comment #38 Removed by Moderator

To: pilgrims
This was certainly true for the GOP primary where Lyin' Ryan was the RINO candidate versus a conservative, but in the general election you had a choice between a known Clinton supporter and a corrupt RINO who in the past had been somewhat controlled by fear of conservative constituencies.

What changed the calculus was Lyin' Ryan's realization that conservatives would not support him in the next primary because the vastness of his corruption had been revealed.

I voted for Poshard in 1998. I can't understand why any conservative who was paying any attention at all wouldn't have done, since Ryan ran to the left of Poshard on every single issue. Had Poshard won, we would have a mandate for concealed-carry in Illinois. Instead, we got King George who forced a statute through the Illinois state legislature to make public possession of any firearm which was either uncased or loaded a felony [by forced, I mean he repeatedly called the legislature into special session and told them they couldn't go home for Christmas until they gave him the legislation he wanted]. I'll admit my knowledge of bad governors is limited, but I have a hard time imagining anyone being any worse than King George.

39 posted on 01/12/2003 11:14:37 AM PST by supercat (TAG--you're it!)
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To: steve50
What rate do you consider reasonible for executing innocent men?

There would be no wrongful deaths if we abolished the death penalty.

There would be no shootings if we abolished guns.

There would be no drunkenness if we abolished alcohol.

There would be no car accidents if we abolished cars.

Get a clue.


40 posted on 01/12/2003 11:30:16 AM PST by Barnacle (Navigating the treacherous waters of a liberal culture.)
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