SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
Abolition bill will NOT clear death row

Thursday, Jan 13, 2011

* A little known fact

Even if Gov. Pat Quinn signs legislation that would repeal the death penalty, it would have no bearing on 15 inmates on death row. […]

“It will only affect future sentencing,” said Sharyn Elman, a Corrections spokeswoman, said Wednesday of the proposed ban.

With the 15 men on death row, Quinn has three options: leave the moratorium in place and the inmates on death row; lift the moratorium and “the inmates could eventually be put to death;” or commute their sentences to life or something other length, Elman said.

I checked with Sen. Kwame Raoul, who sponsored the bill. He said the measure only applies to future sentencing.

* So, this story was needlessly inflammatory

Brian Dugan earned the death sentence he faces for raping and murdering 10-year-old Jeanine Nicarico in 1983, the Naperville girl’s father said Tuesday.

That’s why Thomas Nicarico thinks the move by Illinois legislators to repeal the death penalty — which would spare Dugan’s life if it’s signed into law — is “the wrong thing to do.”

“He’s earned capital punishment,” Nicarico said of the 54-year-old Dugan, who was sentenced to death in 2009. “He’s earned the most severe punishment the state can give — and now the state is taking it away.”

Dugan was sentenced to die by a DuPage County jury for Jeanine’s murder, though he also was convicted of two other brutal killings.

Everybody really needs to calm down, including the reporters. Take a breath, people. Look at what actually passed.

* Meanwhile, Sneed is back

Sneed’s bet: Gov. Quinn will move to abolish the death penalty.

† Sneed’s tip: If Quinn does, watch for Sen. Kirk Dillard , Republican leader of the Judiciary Committee, to push to reinstate the death penalty for the worst of the worst crimes: mass murder and the murder of children and law enforcement officers.

Keep in mind that Rolando Cruz was almost executed (three times) for the rape, abduction and murder of a child

Lawrence Marshall, a Stanford Law School professor who had represented several freed Illinois Death Row inmates, said the problem with trying to limit the death penalty to “heinous” crimes is that the emotion surrounding those crimes can lead to errors.

“It’s the very kind of passion that triggers the desire for the death penalty in a particular case that does have the potential to be blinding,” said Marshall, who co-founded the Center on Wrongful Convictions at Northwestern University.

Even so, Cruz still supports the death penalty.

* It’s conceivable that a Republican Senator who voted for the death penalty repeal could consider that new bill

Downers Grove Mayor and Republican state Sen. Ron Sandack joined with a group of 32 senators voting to repeal the death penalty in Illinois on Tuesday.

The Senate’s vote, which did not split on party lines, came after the House also voted to approve the measure, and the death penalty repeal bill now goes to the desk of Democratic Gov. Pat Quinn for consideration.

“The experience in Illinois tips the balance, to my mind at least, in favor of abolishing the penalty,” Sandack said in a statement Tuesday. “Alarming failures were the cause of the current moratorium on the use of the death penalty. It has been in place for over 10 years now, yet we still do not have a system which instills confidence that the system is without flaw, and that innocent people will not be sentenced to die.”

While Sandack voted in favor of the repeal bill, he said he still thinks the death penalty is appropriate in some situations, though the punishment “as employed in recent years in Illinois, has failed us all.”

* Roundup…

* Quinn refuses to be pinned down on death penalty repeal - Governor says he’ll follow conscience - Daley opposes a ban

* Quinn won’t say if he’ll sign bill banning executions

* Quinn ambiguous about death penalty abolition

* IL justice system will change if death penalty is abolished

* Peoria Co. prosecutor: Death penalty won’t be used

- Posted by Rich Miller        


20 Comments
  1. - phocion - Thursday, Jan 13, 11 @ 11:53 am:

    Solid comment from Sandack, who happens to be a top flight attorney. More Republicans like him and Illinois Democrats might find themselves in serious trouble.


  2. - wordslinger - Thursday, Jan 13, 11 @ 12:06 pm:

    –Keep in mind that Rolando Cruz was almost executed (three times) for the rape, abduction and murder of a child…–

    …. that he did not commit.

    That child was, in fact, Jeanine Nicarico.


  3. - titan - Thursday, Jan 13, 11 @ 12:26 pm:

    If the powers that be wish to reinstate the death penalty, they oughtot do so with some additional structural safeguards so as to further minimize the chance for erroneus convictions.

    For example, they might want to consider:
    A. Prosecution of capital cases by the AG instead of the local SAO (insulates some of the political pressure), including some sort of non-local law enforcement review of local law enforcement’s handling of the case.
    B. Increased evidentiary protections must be met before the death penalty may be imposed (eyewitness testimony is insufficient on its own as to identfication, etc.).

    I’m sure there would be several other tweaks that could be added to address the handful typical modes of error we’ve seen in the mistaken major cirme false conviction scenarios.


  4. - That Truth - Thursday, Jan 13, 11 @ 12:33 pm:

    So according to one particular Seanator we get about 50% right. But wait… in the last eight years were 15 for 15 100%.


  5. - That Truth - Thursday, Jan 13, 11 @ 12:42 pm:

    So according to this particular Senator… at least 7 of the 15 are innocent?


  6. - winco - Thursday, Jan 13, 11 @ 1:35 pm:

    I know it is Sen. Rauol’s bill, but if it is signed, there is no way the current death row inmates would be put to death (barring future repeal)—The plain language of the bill says that, effective 7/1/11, “the death penalty is abolished and a sentence of death may not be imposed.” Even if you say “imposed” is different than “carried out,” if the death penalty is _abolished_, then it can’t be carried out either.


  7. - Rich Miller - Thursday, Jan 13, 11 @ 1:41 pm:

    ===if the death penalty is _abolished_, then it can’t be carried out either. ===

    Not true. The GA can’t change current sentences. It can change future sentences. That’s what the penalty is, a sentence. If they had barred executions, then that would be another story.


  8. - 47th Ward - Thursday, Jan 13, 11 @ 1:53 pm:

    Look, if Quinn intends to sign the bill, and I believe he does, he could also commute the current death sentences to natural life sentences and be done with it. That’s what I would do in his position because that’s intellectually honest and consistent with opposition to the death penalty.


  9. - That Truth - Thursday, Jan 13, 11 @ 2:26 pm:

    47th Ward… My point! You can’t say abolish because the system is screwed up and then be ok with executing the 15 that are on death row as a result of the system that you say is messed up. This just made it easier for some to vote for it. We the people.. sometimes can see thru the p[olitics.


  10. - Fed up - Thursday, Jan 13, 11 @ 3:03 pm:

    47th ward I agree with you, Quinn will sign the death penalty bill and will probably commute the sentances or even easier just leave to moratorium in place and not deal with it. I favor the death penalty in extreme cases but the list of qualifying crimes grew to large. It is to expensive to keep the death penalty or death row, and although I think it will be another example of Quinn beind dishonest during the campaign quinn should claim this as a cost saving move also.


  11. - wordslinger - Thursday, Jan 13, 11 @ 3:36 pm:

    –quinn should claim this as a cost saving move also.–

    I don’t see, morally, how that can be a factor at all.

    I’ll be interested in seeing what Dillard might come up with for reinstating the penalty in some instances. The evidence provisions have to be absolute, beyond the shadow of a doubt. If you can pull that off, I’m willing to consider it.

    I’m not against the death penalty in theory, just how it’s been practiced in Illinois. The recklessness, indifference and corruption have been astounding, shameful.

    I won’t hold any candles for mad dogs like Dugan being put down. He’s 100% guilty of the most despicable evil. The problem is, someone else almost took the needle for him, and he would have gotten away with it.


  12. - irv & ashland - Thursday, Jan 13, 11 @ 4:52 pm:

    It was odd to see Mr. Nicarico quoted without any mention of the fact that he had opposed efforts to reopen the case back when DIFFERENT men were on death row for the awful thing that happened to his daughter.

    He is really a poster-case for why you should NOT listen to relatives of a victim when it comes to sentencing. He is understandably blinded with rage, but it’s left him unable to see simple things, like the fact that he himself was urging the killing of an innocent man not so long ago.

    Poor reporting by the Sun-Times to have missed this.


  13. - Jim - Thursday, Jan 13, 11 @ 5:01 pm:

    Quinn will sign repeal. No one will ever be executed. Quinn might not grant mass commutation immediately, but it will happen.
    Nicarico’s father has a justifiable complaint. Quinn is a death penalty foe masquerading as a supporter.


  14. - Rule of Lenity - Thursday, Jan 13, 11 @ 5:55 pm:

    **If they had barred executions, then that would be another story**

    The legislature needn’t say it outright. Winco is more correct. The ‘imposition’ language is clearly a potential a bar on the executioner’s statute. The power to pull the switch. In any case, if Quinn doesn’t commute, it will be something for the Illinois Supremes to decide. Then they’ll consider whether the legislature has wrongfully trampled on the power of the Governor and the judiciary if they figure it can apply backwards.


  15. - amalia - Thursday, Jan 13, 11 @ 6:36 pm:

    Well, it does seem that this would leave the people on death row eligible to die. My guess is that Quinn would commute the sentences because every bit of media about the bill seemed to indicate that the penalty would end in Illinois. (what were the discussions about this during the debate? If either side knew the consequences, either side would be disingenuous, one side upset that justice would not be served, the other knowing that they were letting a number of folks sit in limbo.)

    The criminal justice system in Illinois is layered with prisoners in under various sets of laws, hence why there is parole, prison review, various sets of criminal sentencing provisions. It’s confusing.

    “shadow of a doubt” ….. are we to introduce that concept into law? Let prosecutors have the power to charge and let there be an early review by the State of Illinois which must carry out the sentence. Could this be done at the earliest stage of the case, as with the recent decision in DuPage County not to seek the death penalty?

    cause prosecutors decide on a regular basis NOT to seek death. doing the math, one can see that the rate of ask for death is much lower than the number of murder cases. While I trust Bob Berlin and Anita Alvarez to make the decision….and these decisions are usually made at very high or the highest levels in these offices…..consultation with the AG would not be bad. It might not help much….the experience level in local prosecutors offices is often far higher than in the AG’s office…..but it couldn’t hurt.


  16. - Rich Miller - Thursday, Jan 13, 11 @ 6:43 pm:

    ===Well, it does seem that this would leave the people on death row eligible to die===

    Again, executions weren’t banned, the death penalty sentence was banned. The GA cannot overturn prior sentences.


  17. - Rule of Lenity - Thursday, Jan 13, 11 @ 9:00 pm:

    **executions weren’t banned, the death penalty sentence was banned**

    Again, Rich, this begs the question. What exactly is the semantic difference between banning executions and banning the sentence of death? It turns on the reach of the phrase ‘be imposed’, and that’s far from clear.


  18. - steve schnorf - Thursday, Jan 13, 11 @ 9:01 pm:

    Rich, “can’t” or “didn’t”?


  19. - That Truth - Thursday, Jan 13, 11 @ 9:15 pm:

    Back to the point. Law.. ball.. they will never be executed and everyone knows it. It not applying gave moderates political cover!


  20. - Tony - Friday, Jan 14, 11 @ 8:36 am:

    There are some bad dudes awaiting trial that deserve death if convicted. Anyone remember Sheley and his murderous rampage that terrorized the midwest for a couple weeks? I have a feeling Quinn will not sign and let judge and juries decide appropriate sentences. With the advent of improved dna and scientific collection there are some bad guys that are unequivocally guilty and their fate should be decided by the judiciary.


Sorry, comments for this post are now closed.


* $3 million in one pop from Rauner
* Reader comments closed for the weekend
* SUBSCRIBERS ONLY - State House fundraising report
* *** UPDATED x1 *** Has the haymaker punch arrived?
* SUBSCRIBERS ONLY - State Senate fundraising report
* Third straight poll shows Rauner leading Quinn
* Last call for tickets!
* Vast Majority of Illinois Voters Support Renewable Energy, Energy Efficiency
* Sun-Times reporters want you to sign their petition
* Same song, different century
* Question of the day
* Quinn finally wins a newspaper endorsement!
* SUBSCRIBERS ONLY - Today's cable TV buy report
* SUBSCRIBERS ONLY - Supplement to today’s edition: Crosstabs, TV ads
* Report: Another tie between Rauner and CS-T chairman
* Bost's "anger," Cook's ratings, Foster's ad
* $580 MILLION EXELON RATE HIKE?? That’s the price tag for their nuke bailout…EVERY YEAR!
* *** UPDATED x1 *** Rauner pumping dollars
* Rauner pushing IDOT back into the news stream
* Gov. Quinn runs new TV ad featuring FLOTUS
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* No, your eyes didn't deceive you
* Good morning!
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

          
        * Android 5.0 update for Samsung Galaxy S5 to hit in December
        * A first look at the Nexus 9
        * Galaxy Lollipop plans, Apple sapphire future, Amazon flops & more – Pocketnow Daily
        * Sidecar Tests A New “Commute” Service, With Discounts When You Pay For A Week Of Morning Rides
        * Sony 12-inch tablet may be in the works for early 2015 launch
        * Moto X (2014) Review
        * How to use Continuity in iOS 8 and Yosemite (Video)

        * Facebook Rooms: This Week in Social Media
        * iPad Mini 3 Cracked Open By iFixit, Gets a Poor Repairability Score
        * Leak Reveals A List of Countries Where Samsung Galaxy S5 Active Will Launch
        * Sony Rumored to Launch a New 12-inch Tablet Next Year
        * Nexus 6 Pre-orders To Begin In Canada on October 29th, Starts At 749 CAD
        * Samsung Sells 4.5 Million Galaxy Note 4 Units In The First Month (Report)
        * Samsung Galaxy S5 To Reportedly Get Android 5.0 Lollipop Update in December

        * Konerko caps stellar career with Clemente Award
        * Konerko caps stellar career with Clemente Award
        * World Series Game 3: Notes and discussion
        * Rollins, Konerko named co-winners of Clemente Award
        * Alexei Ramirez and Adam Eaton Gold Glove finalists, but maybe not f...
        * Longtime scout Provas passes away after battle with cancer
        * Eaton, Ramirez named AL Gold Glove finalists


        Main Menu
        Home
        Illinois
        YouTube
        Pundit rankings
        Obama
        Subscriber Content
        Durbin
        Burris
        Blagojevich Trial
        Advertising
        Updated Posts
        Polls

        Archives
        October 2014
        September 2014
        August 2014
        July 2014
        June 2014
        May 2014
        April 2014
        March 2014
        February 2014
        January 2014
        December 2013
        November 2013
        October 2013
        September 2013
        August 2013
        July 2013
        June 2013
        May 2013
        April 2013
        March 2013
        February 2013
        January 2013
        December 2012
        November 2012
        October 2012
        September 2012
        August 2012
        July 2012
        June 2012
        May 2012
        April 2012
        March 2012
        February 2012
        January 2012
        December 2011
        November 2011
        October 2011
        September 2011
        August 2011
        July 2011
        June 2011
        May 2011
        April 2011
        March 2011
        February 2011
        January 2011
        December 2010
        November 2010
        October 2010
        September 2010
        August 2010
        July 2010
        June 2010
        May 2010
        April 2010
        March 2010
        February 2010
        January 2010
        December 2009
        November 2009
        October 2009
        September 2009
        August 2009
        July 2009
        June 2009
        May 2009
        April 2009
        March 2009
        February 2009
        January 2009
        December 2008
        November 2008
        October 2008
        September 2008
        August 2008
        July 2008
        June 2008
        May 2008
        April 2008
        March 2008
        February 2008
        January 2008
        December 2007
        November 2007
        October 2007
        September 2007
        August 2007
        July 2007
        June 2007
        May 2007
        April 2007
        March 2007
        February 2007
        January 2007
        December 2006
        November 2006
        October 2006
        September 2006
        August 2006
        July 2006
        June 2006
        May 2006
        April 2006
        March 2006
        February 2006
        January 2006
        December 2005
        April 2005
        March 2005
        February 2005
        January 2005
        December 2004
        November 2004
        October 2004

        Blog*Spot Archives
        November 2005
        October 2005
        September 2005
        August 2005
        July 2005
        June 2005
        May 2005

        Syndication

        RSS Feed 2.0
        Comments RSS 2.0
        WordPress

        Loading


        * US judge names monitor of IDOT hiring..
        * Chuck Sweeny: Dick Durbin leading Jim Oberweis .....
        * Quinn says he'll comply with hiring monitor..
        * Madigan, Rauner spend big on Illinois House races..
        * Illinois gov's race focuses on women, early voters..


        * Illinois quarantine for who touched Ebola patients
        * US judge names monitor of IDOT hiring
        * Radio host convicted of alleged $10 million fraud
        * Illinois gov's race focuses on women voters
        * Judge rules against Ameren in power line dispute
        * Feminist Steinem endorses Illinois governor
        * Madigan, Rauner spend big on Illinois House races
        * Cockroach visits Chicago's City Council chambers
        * Chicago police to check bags on transit system
        * Toddler taken from family found in Illinois

        * Feminist Gloria Steinem endorses Quinn for governor
        * Madigan, Rauner spend big on Illinois House races
        * Officials rethink early vote-counting after Madigan ruling
        * Minimum wage increase supporters urge early voting
        * Sun-Times political reporter resigns following Rauner complaint
        * Minimum wage hike supporters urge early voting
        * Federal judge orders court-appointed monitor for IDOT hiring
        * Rep. Raymond Poe to undergo stem cell transplant
        * Bill Clinton campaigns for Quinn, Durbin
        * Quinn, Rauner spar over jobs, taxes

        * Regulators close National Republic Bank of Chicago
        * Rauner, the reporter, the Sun-Times and 'appearance of impropriety'
        * Carol Adams retiring as head of DuSable Museum
        * Chicago police to check bags at CTA stations
        * Shire CEO Ornskov 'dumbfounded' by collapse of AbbVie deal


        * Judge rejects Pistorius comparison, gives 17-year sentence in murder-for-hire plot
        * Keep it peaceful in Ferguson, Mo.
        * Why wasn’t Ebola doc kept under scrutiny?
        * Enthusiastic student Stan Kij, 25, dies of stomach cancer
        * Editorial: Bruce Rauner for governor
        * Back to the past with mayor’s move
        * Illinois needs better way to deal with terminally ill inmates
        * At panel on school closings, board acknowledges more planning needed
        * Marina City residents reminded to watch their step during Wallenda’s walk
        * Republican senators question Quinn’s IDOT scandal response


        * Cops: Man stole semi-truck, critically injured bicyclist and fled
        * Former radio host convicted of mortgage fraud
        * Boy, 17, charged in fatal shooting in Englewood
        * $5 million bond in vandalism of Lombard synagogue
        * FBI searches Chinatown restaurants, at least 3 owned by famed chef Tony Hu
        * Des Plaines man who tried to hire killers to burn wife, friends alive gets 17 years
        * Man charged with DUI in 2013 crash that killed woman, 78, in Aurora


        * Listen to State Week - October 24, 2014
        * 2014 Election Coverage: Citizens, here's your homework!
        * 2 dead, including gunman, in high school shooting
        * Prosecutors want more of indicted police commander’s 'bad acts' in court
        * Prosecutors want more of indicted police commander's 'bad acts' in court
        * Bedrock 66: Charlie Parr Plays Springfield Friday
        * Oberweis Would Back Federal Same Sex Marriage Law
        * Wild Bison Return To IL
        * Scary Story: The Diviner by Susan Vondrak
        * Artist Profile: Local Troubadour Tom Irwin


        * Michael Bromberg: Benedictine looking ahead at changes in higher ed
        * Charles Krauthammer: Barack Obama, aggrieved bystander
        * Feminist Gloria Steinem endorses Quinn for governor
        * Madigan, Rauner spend big on Illinois House races
        * Our Opinion: Bell, Manar, Davidsmeyer endorsed in state legislative races
        * Craig Burns: Honesty, integrity in great supply at CWLP
        * E.J. Dionne: Ebola, pandering and courage
        * Esther Cepeda: Benefits of closing the word gap
        * Officials rethink early vote-counting after Madigan ruling
        * Our Opinion: Frerichs has the expertise to be Illinois treasurer


        * Police reports
        * Treasurer, clerk races could see new faces in Jackson County
        * Upcoming Services (Oct. 25, 2014)
        * Shooting during fight leaves one dead
        * Artists giving new life to mural
        * CONO reaching out with social media
        * Local Scoreboard
        * Tigers edge Triopia
        * Carrollton ends perfect regular season with win over Routt
        * Local Briefs


        * St. Edward 9-0 for first time in program history
        * WW South scoops up playoff berth in final minute
        * Batavia latest to consider adding turf field
        * Boys soccer: Friday's results
        * Girls volleyball: Friday's results

        * Patrick Cannon defense strategy rare but n...
        * Feds fine Jesse Jackson Jr.'s campaign com...
        * Ex-Congressman Jesse Jackson Jr. faces sen...
        * Representative Jan Schakowsky Sends Letter...
        * Rep. candidate pushes to uphold marriage b...
        * Reps. Schakowsky and Waxman Introduce Bill...
        * Statement by Representative Jan Schakowsky...
        * U.S. House Passes Resolution Condemning An...
        * FAA Rejects Call For New O'Hare Noise Stud...
        * Representatives Quigley, Duckworth, Schako...

        * Chuck Sweeny: Dick Durbin leading Jim Ober......
        * Chuck Sweeny: Dick Durbin leading Jim Ober......
        * Republican Senate candidate Oberweis favor......
        * Republican Senate candidate Oberweis favor......
        * Republican Senate candidate Oberweis favor......

        * Bruce Rauner & Carly Fiorina Inspire Downe......
        * Have you decided what to do to cast your v......

        * Report: Caputuring Methane A Boost For Business In Illinois
        * Sun-Times Reporters Ask Owners To Open Up About McKinney, Rauner Incident
        * Poll: Illinois Governor's Race Neck-And-Neck
        * Oberweis Reverses Marriage Equality Position During U.S. Senate Debate
        * McKinney, Clout & The Freedom Of The Press: Where Would Illinois Be Headed Under Rauner's Reign? (UPDATED)
        * Chicagoans Take Part In National Day Of Protest Against Police Brutality
        * Police Brutality demonstrators at city hall
        * Police brutality march
        * National Survey: Many LGBT Youths Face Hostile School Environments
        * Police brutality protest 1


        * Rauner rips Quinn on IDOT patronage oversight
        * Governor Quinn Announces Winners of 2014 Illinois Export Awards - State’s Trade Programs Help Companies Increase Global Sales
        * New Ad: Labor leader backs Rauner
        * Jewish Newspapers Endorse Rauner for Governor
        * Statement from the Illinois Department of Public Health and Chicago Ebola Resource Network




            Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller