Saturday, January 11,
2003
CHICAGO — Calling the death
penalty process "arbitrary and capricious, and therefore
immoral," Gov. George Ryan cleared Illinois' death row
Saturday, commuting 167 condemned inmates' sentences in the
broadest attack on the death penalty in decades.
Ryan's
decision, which came three years after he temporarily halted
state executions to examine the system's fairness, was quickly
denounced by prosecutors, the incoming governor and relatives
of some murder victims.
"Every one of the victims, he has killed
them all over again," said Cathy Drobney. Her daughter Bridget
was killed in 1985 by Robert Turner, whose sentence was
commuted.
It was a sharp contrast from the jubilant
reaction at Northwestern University, where journalism students
investigating Illinois death row cases have helped exonerate
some inmates. Ryan's speech was attended by a who's who of
anti-death penalty activists.
"Gov. Ryan has taught us what leading truly
looks like," said Lawrence C. Marshall, director of the Center
on Wrongful Convictions at Northwestern University. "This is
greatness, my friends."
The mass commutation was the sharpest blow
to capital punishment since the U.S. Supreme Court declared it
unconstitutional in 1972, forcing states to redraw their laws
to make them more equitable.
It came two days before the Republican
leaves office as one of the nation's most influential
anti-death penalty advocates -- a legacy he has embraced even
as an ongoing federal corruption investigation targeting his
tenure as secretary of state ruined his chances for
re-election and made him a pariah within his own party.
Ryan said he sympathized with the families
of the men, women and children who had been 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 his plans.
That reasoning didn't add up for
prosecutors.
"The great, great majority of these people
that have petitioned for commutation ... did not even contest
their guilt," said Peoria County State's Attorney Kevin Lyons.
"He's disingenuous when he says that certainty is the
issue."
With death row inmates he had recently
pardoned sitting in the audience as he spoke Saturday, Ryan
framed the death penalty issue as "one of the great civil
rights struggles of our time."
"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.
"What effect was race having? What effect was poverty
having?"
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 was 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 has done. 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.
Corrections Department spokesman Sergio
Molina said Ryan had signed commutation orders for 167 people
-- 156 on death row and other in jails awaiting hearings or
sentencing 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.
All but three of those inmates now face
life in prison without the possibility of parole, Ryan said.
The three will get shorter sentences and could eventually be
released from prison, though none will be out immediately.
Vern Fueling, whose son William was shot
and killed in 1985 by a man now on death row, was outraged
that the killer would 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 was 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," Hobley, 42, said Friday as he
left the Pontiac Correctional Center.
Orange, 52, walked out of Cook County Jail
looking a bit dazed 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.
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." |