* Some of former Gov. Pat Quinn’s last-minute clemency decisions are raising hackles…
Ten years ago next month, Howard Morgan, a railroad cop and former Chicago police officer, was stopped driving the wrong way on a one-way street. Morgan and the four arresting officers had words, then gunfire. Three of the officers were wounded.
Morgan was shot 28 times, but survived. He was convicted of attempted murder and sentenced to 40 years, essentially a life sentence. […]
Morgan’s family and supporters have argued for years that he was the victim of overly aggressive cops and overzealous prosecutors, but his release has infuriated State’s Attorney Anita Alvarez who contends the executive clemency process is without any explanation or consideration.
She calls it a “…last minute secretive maneuver that puts the rights of victims of crime and their families at the bottom of his list of priorities.”
Fraternal Order of Police President Dean Angelo also condemning the decision as
“…an 11th hour decision that’s a slap to the faces of the officers wounded that night.”
* And…
[Tyrone Hood], 51, was found guilty in the death of Illinois Institute of Technology basketball standout Marshall Morgan Jr. and was sentenced to a half century in prison. But Hood has insisted through the University of Chicago’s Exoneration Project that evidence pointed to someone else. Cook County prosecutors have re-examined the case.
[Anthony Dansberry], 52, had been serving a 60-year sentence for murder and a 15-year term for robbery in connection with the death of a 77-year-old woman. Attorneys have argued on Dansberry’s behalf that he couldn’t read and was coerced into signing a confession. […]
Alvarez, through spokeswoman Sally Daly on Monday, called the clemency process a “secretive maneuver that puts the rights of victims of crime and their families at the bottom of the list of priorities.”
On Wednesday, Daly told the AP that Quinn didn’t allow for “substantive hearings” in which prosecutors and victims’ families could weigh in. Prosecutors, Daly added, were left “without any explanation or justification as to why the defendants were selected to have their sentences commuted.”
* And more…
The state’s attorney in southwestern Illinois’ Madison County, Tom Gibbons, considers it “appalling” that Quinn cutting in half the prison term of a woman who fatally set her husband on fire.
Quinn offered no explanation for reducing Tammy Englerth’s 40-year prison sentence for the 2005 death of 30-year-old Christopher Englerth. She’s now eligible for parole in 2025, rather than in 2045 as first projected.
Her clemency petition says she was chronically abused while married.
* More…
Champaign County State’s Attorney Julie Rietz expressed dismay over Quinn’s decision on [former University of Illinois student Joseph Kupiec], saying she is “offended by it.” […]
What is most striking is how little the facts mattered in Quinn’s review. There is a complete disconnect between Kupiec’s version of events and court records, something easily discovered had the normal review process occurred. […]
“We haven’t even done our hearings on this case. (Gov. Quinn) didn’t even wait for us to make our recommendations,” said Kenneth Tupy, counsel for the Illinois Prisoner Review Board. […]
(T)he victim said Kupiec’s account is “just not accurate at all.”
* And then there’s this one…
Aaron Ammons, a former drug user with a felony conviction who went on to become a community activist and help run his wife’s successful [Illinois House[ political campaign, received a pardon and expungement of his criminal record this week. […]
With a pardon and expungement, Ammons is now clear to do things he could not have done before, from coaching basketball to serving on city council.
Carol Ammons resigned from her seat on the council on Friday, and Aaron Ammons said he plans to apply for his wife’s seat.
He filed the paperwork for the pardon on Jan. 2. On Monday, aware that was the last day it could happen, Ammons was “on pins and needles.” He was notified of the news Monday by The News-Gazette, which obtained a list of Quinn’s last-minute pardons.
* Columnist Jim Dey thinks that ten-day process was overtly political…
In granting a political favor to the husband of a fellow Democratic officeholder, Quinn short-circuited the traditional review process that includes a hearing and a formal recommendation by the Illinois Prisoner Review Board.
The full clemency list is here.
- Wordslinger - Thursday, Jan 15, 15 @ 2:03 pm:
How do you get shot 28 times and survive, much less shoot back? Strange story.
I think I’ll look into it more before I take Alvarez at face value.
- Langhorne - Thursday, Jan 15, 15 @ 2:04 pm:
This stinks!
- Gooner - Thursday, Jan 15, 15 @ 2:12 pm:
The whole concept needs to be reviewed further. I know that historically it has been part of a Gov’s discretion, but I’m not clear as to why the gov. should continue to have that power. The chances for abuse are too great.
Somebody should file a bill (or constitutional amendment) on that one.
- VanillaMan - Thursday, Jan 15, 15 @ 2:24 pm:
So, while Governor Quinn could see how injustice could and does occur within what was our capital punishment system - and end it, he couldn’t see how injustice could and does occur within an equally obsolete clemency system.
If capital punishment allows a governor and government to play god, so does its counterpart, the clemency.
Too bad Quinn couldn’t figure that out, but then it is much easier to play a good god and save a life, than it is to play a bad god and end a life.
Best would be if Quinn understood that mortals, elected or not, shouldn’t play god.
- Big Red - Thursday, Jan 15, 15 @ 2:26 pm:
Maybe we should place a statutory limit on the timing of these actions. Require that no such actions/clemencies can take plane prior to 12 months before the next gubernatorial election.
- Been There - Thursday, Jan 15, 15 @ 2:28 pm:
And we all thought he was worried about his legacy.
- The Dude Abides - Thursday, Jan 15, 15 @ 2:28 pm:
I really think that after this the whole clemency power accorded the Governor should be examined. Quinn has abused that power.
- Wordslinger - Thursday, Jan 15, 15 @ 2:32 pm:
Capital punishment was the law, approved by a previous GA and governor, until a new GA and governor passed a new law.
Clemency is a specific power granted solely to the executive In both the federal and state constitutions.
- D.P.Gumby - Thursday, Jan 15, 15 @ 2:33 pm:
Alvarez has no credibility when it comes to exoneration of the wrongfully convicted…she has fought or dragged her feet on virtually every case w/in the Cook County SA’s authority. Whatever she says, believe the opposite.
- 47th Ward - Thursday, Jan 15, 15 @ 2:36 pm:
===If capital punishment allows a governor and government to play god, so does its counterpart, the clemency.===
You’re going to need a much longer comment to convince anyone that clemency is the same as capital punishment. Maybe you could work it into one of your show tunes?
- anon - Thursday, Jan 15, 15 @ 2:41 pm:
== a secretive process…Prosecutors, Daly added, were left “without any explanation or justification as to why the defendants were selected to have their sentences commuted.” ==
Complaints about a secretive process in which officials don’t give any explanation or justification for their decisions? Sounds like the SAO to me. When was the last time Alvarez explained the hundreds of decisions her office makes every day that affect justice and safety?
- Wordslinger - Thursday, Jan 15, 15 @ 2:41 pm:
I wouldn’t let prosecutors beefing about clemency being granted in cases they were involved in be the last word if you think Quinn has gone overboard here. I’d give it a lot more study before drawing conclusions.
DuPage prosecutors thought they were righteous (or at least didnt want to examine mitigating evidence) when they tried, convicted and sent Rolando Cruz to Death Row three times.
Turned out DNA later proved he couldn’t have done it. About another 18 on Death Row, tried and convicted, were cleared by DNA evidence.
Oops.
- Wordslinger - Thursday, Jan 15, 15 @ 2:46 pm:
“Mitigating” is the wrong word above. “Exonerating” is correct.
- LincolnLounger - Thursday, Jan 15, 15 @ 2:48 pm:
What a surprise that the gang that brought us the mess of an Early Release program would do a haphazard, rush job on these, too? Shocking.
I give little credence to Alvarez, but a couple of those are eye-opening. I shudder to think what else will be unearthed.
The Ammons one stinks to high heaven.
- crazybleedingheart - Thursday, Jan 15, 15 @ 2:57 pm:
What a surprise that the gang that brought us knowingly tortured confessions would compose a haphazard, rush response to lawful exercise of the pardon power.
Of course the pardon power is somewhat arbitrary and political. Just like prosecution. That’s why they reside in the executive branch.
This is by definition an extrajudicial function. Intended for exceptional cases.
These all look like exceptional cases to me.
“Whatever [Alvarez] says, believe the opposite.”
A rule that won’t steer too many wrong.
Same with some of the other “reactors” who took it upon themselves to go on record against a guy who lost an election.
Real profiles in courage, these states attorneys.
- Tom Joad - Thursday, Jan 15, 15 @ 2:58 pm:
Quinn always had a ‘holier than thou” attitude about what he was doing from eliminating the three member districts House Districts to these last minute exonerations.
- VanillaMan - Thursday, Jan 15, 15 @ 3:04 pm:
You’re going to need a much longer comment to convince anyone that clemency is the same as capital punishment. Maybe you could work it into one of your show tunes?
Show tunes? Is that what you’d call Bad Finger’s “Feel Like Making Love/Laws”?
You don’t know a rock parody?
What do you call a couch - a “davenport”?
Do you call a refrigerator an “ice box”?
Do you drive a Nash?
Just re-read what I wrote, or - find someone under the age of 70 to help you out, OK?
- Just Observing - Thursday, Jan 15, 15 @ 3:05 pm:
I’m generally supportive of clemency and pardon powers. While not perfect, it is another checks and balance on our criminal justice system.
- vinron - Thursday, Jan 15, 15 @ 3:05 pm:
Don’t forget about Johnny Lee Savory. SA Jerry Brady is pretty upset about that.
- Anonymous - Thursday, Jan 15, 15 @ 3:07 pm:
This is Quinn being Quinn. Considering his haphazard way of thinking and doing business, this fits his profile.
- 1776 - Thursday, Jan 15, 15 @ 3:11 pm:
The Prison Review Board attorney was quoted in an article that they were not allowed to even review a few of the last minute cases or make recommendations.
- 47th Ward - Thursday, Jan 15, 15 @ 3:21 pm:
===Just re-read what I wrote===
OK.
===If capital punishment allows a governor and government to play god, so does its counterpart, the clemency.===
I still reject your premise. So does the bible. Capital punishment is about revenge, clemency is
about mercy.
“for it is written, Vengeance is mine; I will repay, saith the Lord,” Romans 12:19
“Be you therefore merciful, as your Father also is merciful,” Luke 6:36
See you in church.
- Formerly Known As... - Thursday, Jan 15, 15 @ 3:28 pm:
Did the victims and their family members receive proper notice?
If not, this appears to violate some of the newly approved Constitutional protections for victims found in Article 1, Section 8 of the Illinois Constitution - also known as the Crime Victims’ Bill of Rights approved this past November.
It looks like the Governor’s strategy of stacking the November ballot with referendums has bitten him in the backside on his way out the door.
- Rich Miller - Thursday, Jan 15, 15 @ 3:32 pm:
===It looks like the Governor’s strategy ===
Guvs have no formal role in those things.
Also, that’s about prosecutors, not about the governor.
- proudstatetrooper - Thursday, Jan 15, 15 @ 3:38 pm:
Thanks a lot for the endorsement FOP right?
At least we didn’t endorse the clown.
- Formerly Known As... - Thursday, Jan 15, 15 @ 3:41 pm:
In addition to other requirements, Article 1, Section 8.1-a-6 is noteworthy: == The right to be notified of the conviction, the sentence, the imprisonment, and the release of the accused. ==
No input by the Prison Review Board in some of these cases. Likely no notice given to the victims.
While it is the Governor’s right to exercise his clemency powers, these final acts sum up much of Gov Quinn’s administration - shortsighted, underwhelming and poorly carried out.
- anonymous - Thursday, Jan 15, 15 @ 3:43 pm:
“The Prison Review Board attorney was quoted in an article that they were not allowed to even review a few of the last minute cases or make recommendations.”
Oh, a negative quote about Quinn’s use of clemency from the guy who a) ran for Sangamon Co States Attorney, b) has an interest in the PRB to be seen as relevant, and c) presumably wishes to keep his job under Rauner?
Quelle surprise.
- Formerly Known As... - Thursday, Jan 15, 15 @ 3:44 pm:
== Guvs have no formal role in those things. ==
It was my understanding he had some input into the general strategy of using ballot initiatives and referendums to drive turnout. Thanks for clarifying. I recant my statement and throw myself upon the mercy of the court
- Downstate GOP Faithless - Thursday, Jan 15, 15 @ 3:47 pm:
Somebody said something already, but the overall process needs to be reviewed…this is one of those things a Governor is permitted to do but its no good.
- Bigtwich - Thursday, Jan 15, 15 @ 3:54 pm:
Though justice be thy plea, consider this,
That, in the course of justice, none of us
Should see salvation: we do pray for mercy;
And that same prayer doth teach us all to render
The deeds of mercy.
- MrJM (@MisterJayEm) - Thursday, Jan 15, 15 @ 4:00 pm:
Has there *ever* been an outgoing executive who’s clemency/pardon decisions weren’t howled about? Outrage-generation is an inherent characteristic of that particular constitutional power.
– MrJM
- Juice - Thursday, Jan 15, 15 @ 4:17 pm:
Wordslinger, apparently Morgan was found not guilty on the discharging of a firearm charge, so I guess he attempted murder without somehow firing back.
- Anon. - Thursday, Jan 15, 15 @ 4:22 pm:
Wordslinger @ 2:03 ==How do you get shot 28 times and survive, much less shoot back? Strange story.
I think I’ll look into it more before I take Alvarez at face value. ==
If “shot 28 times” were the only objective fact, I would say, “He couldn’t have shot back, so he obviously must have shot first.”
- JS Mill - Thursday, Jan 15, 15 @ 4:29 pm:
I would see the clemency differently if Quinn would have given it the proper due diligence. That does not appear to have taken place. That is a problem in my book.
- suomynona - Thursday, Jan 15, 15 @ 5:20 pm:
@Anon 4:22
From HuffPo, “. . . Morgan was found not guilty on three counts, including discharging his weapon. The same jury that cleared him of opening fire on the officers . . .
Howard Morgan was never tested for gun residue to confirm if he even fired a weapon on the morning in question.
The State never produced the actual bullet proof vest worn by one of the officers who claimed to have allegedly taken a shot directly into the vest on the morning in question.”
http://www.huffingtonpost.com/2012/04/03/howard-morgan-ex-cop-shot_n_1399834.html
- Carl Nyberg - Thursday, Jan 15, 15 @ 5:24 pm:
Anita Alvarez is a dim bulb that cares far more about protecting people within law enforcement from being criticized than she cares about justice.
I would hope that any Governor’s decisions on pardons, clemency & commutation would annoy her. In my experience with her and the Cook County States Attorney’s office, they deserve little respect.
- Carl Nyberg - Thursday, Jan 15, 15 @ 5:27 pm:
Alvarez complaining the clemency process is secretive is rich coming from a prosecutor.
When Alvarez decides not to prosecute cops and politicians, are the notes from those deliberations available for public scrutiny?
- walker - Thursday, Jan 15, 15 @ 5:33 pm:
Rauner won and can make his appointments as he sees fit. Quinn was the outgoing Gov and can make these clemency decisions. Not overly concerned with any specific choices so far.
- Left Leaner - Thursday, Jan 15, 15 @ 6:15 pm:
Take Alvarez’s comments, replace ‘clemency’ with ‘grand jury’, and it all still fits.
- Anonymous - Thursday, Jan 15, 15 @ 6:16 pm:
This is another consideration in choosing a Governor. Clemency and Pardons are the last thing left in the process to address any critical mistakes. Some get to misuse the tool. I don’t know enough about any of these cases to know for sure, but it looks like he misused it somewhat.
Don’t change the executive power, change the executive and be more careful to include this in the evaluation.
It is very true that nearly every Gov/Pres is criticized for ever using this power.
- Cowboy Dan - Thursday, Jan 15, 15 @ 6:49 pm:
This sealed deal on ‘16. Former Governor Toast is toast!
- Louis Howe - Thursday, Jan 15, 15 @ 7:08 pm:
Actually, if Gov. Quinn wanted to really do a favor for Illinois taxpayers, he would have released a few thousand non-violent Illinois inmates and closed a couple prisons
- Macoupin Minority - Thursday, Jan 15, 15 @ 7:20 pm:
Anonymous: Did Tupy a) put you behind bars before, b)tell it is about your buddy Quinn or c)has the job you want? Chill out with character assassination.
- Macoupin Minority - Thursday, Jan 15, 15 @ 7:22 pm:
I meant to say…..b) tell it like it is about your buddy Quinn
- MyTwoCents - Thursday, Jan 15, 15 @ 7:36 pm:
The clemencies that Gov. Quinn granted without following the established procedures and any that jumped to the front of the line are the ones that are troubling to me. There should be a way to ensure that any clemency is granted only after following all the existing laws and administrative code.
- Arthur Andersen - Thursday, Jan 15, 15 @ 7:40 pm:
I’ve kept my mouth shut about PQ in the past few days, as most of you here already know my (low) opinion of the guy.
How anyone can call him anything but a petty, vengeful patronage hack who occasionally broke loose to do good things is beyond me.
The saddest thing about the Ammons Family is that she will probably protected by Madigan and he will win election in the People’s Republic of Urbana.
- Really - Thursday, Jan 15, 15 @ 7:47 pm:
Until the election results were confirmed in November folks like Madison County States Attorney Tom Gibbons thought their democrat buddy guv could do no wrong. Now all the sudden their old political buddy is thrown under the bus. Politics, politics, politics. Now all the sudden their buddy and past guv is no longer a part of “the team” so here we go. What a joke
- DuPage Dave - Thursday, Jan 15, 15 @ 8:38 pm:
The term of office is four years, up until the next guy is sworn in. Quinn had the authority to make these decisions and made them.
- Jorge - Thursday, Jan 15, 15 @ 9:43 pm:
Reminiscent of Boss Hog errr I mean Haley Barbour.
- walker - Thursday, Jan 15, 15 @ 10:50 pm:
One of the “officers shot that night” ended up with 28 bullets in him and years in jail. Or don’t we count police officer retirees as FOP worthy.
The standing informal rule that if one cop fires his weapon and hits someone, all the others must empty their clips in him, or else not be considered part of the team, has long been sickening stain on cops. And don’t even try to pretend that isn’t done.
- Mittuns - Friday, Jan 16, 15 @ 8:33 am:
NPR had a good story this morning on Tyrone Hood’s case:
http://www.npr.org/2015/01/16/377635552/tyrone-hood-is-free-from-prison-reporter-s-story-led-to-clemency
- Excessively Rabid - Friday, Jan 16, 15 @ 8:44 am:
== Quinn had the authority to make these decisions and made them. ==
That’s not the issue. The issue is the quality of the decisions.