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Pressed to release thousands of prisoners, Pritzker criticized for commuting 13 sentences

Thursday, Apr 16, 2020 - Posted by Rich Miller

* On the one hand, the Democratic governor is facing public pressure from the left side of his own party to release thousands of state prisoners, including from Stateville, which is populated with particularly hardcore convicts…


The Illinois Constitution gives crime victims a “right to be notified” of any perpetrator’s release (among other things), which complicates matters.

* On the other hand, a conservative Republican who recently claimed the governor was “acting like a dictator,” issued this press release yesterday about Pritzker’s 13 commutations since March 11th…

State Representative John M. Cabello (R-Machesney Park) has released the names of prisoners (attached) who have been granted a commutation in the past week by Governor JB Pritzker. The list includes perpetrators of violent crimes including murder, armed robbery and home invasion.

“Governor Pritzker used his executive authority to commute the sentences of murderers and armed robbers in an unbelievable attempt to protect these prisoners from the Coronavirus. People in many nursing homes, however, are not allowed to see their families and are “locked down” in order to protect them. I am releasing the names of these offenders in an effort to let the public know whose sentences were commuted and advise victims and witnesses that these people are no longer in prison,” Representative Cabello said.

“The Governor is undermining the criminal justice system and potentially endangering the victims and family members as well as those who may have testified in court resulting in the original incarceration. In what world do we release murderers into the community and be more concerned about their safety over the safety of the public?” asked Cabello.

“It has been reported that Governor Pritzker is doing this “quietly” so I think that it is necessary to expose his actions and warn all of the people in our communities who will be affected by this. People on cruise ships have been required to stay in their cabins when infections of Coronavirus are found, yet here in Illinois we release prisoners and order everyone else to shelter in place and force businesses to close. This truly is a new world,” added Cabello.

Representative Cabello serves the 68th District, which includes portions of Rockford, Loves Park, Machesney Park and Cherry Valley.

* And here they are…


Victoria McCue was sentenced to the minimum penalty of 20 years in 2007. She had claimed her husband punched her in the abdomen multiple times before she shot him.

Alma Durr murdered her infant in 1996 after smoking 12 rocks of cocaine.

James Money filed a federal lawsuit earlier this month with several other prisoners in an attempt to obtain a release. He was diagnosed with Stage 3 metastatic thyroid cancer in 2016 and was at the time of filing the lawsuit within 90 days of his release date.

Supporters of Kwayera Jackson, a high school sports star, claim that he killed his son by accident.

Anyway, I don’t have all day to Google these folks, so maybe y’all can help in comments.

* ACLU of Illinois executive director Colleen Connell…

It is sad to see an elected official playing politics with public health when responding to efforts to reduce the likelihood of further spread of the virus that causes COVID-19 inside Illinois prisons. Illinois prisoners are dying because they are held in conditions that often are unsanitary and rarely allow for social distancing.

Releasing prisoners from these settings improves safety for other detainees, people who work in the corrections system as guards and administrators and also helps protect the communities where Illinois prisons are located. The people who are being released have served time – some of them years. The release of these names is not another opportunity to create faux outrage and perpetuate a criminal legal system that too often confuses being tough with being smart.

Our first and foremost priority right now should be to address the pandemic that has taken the life of nearly 1,000 Illinois residents, and brought grief and fear to thousands of others. It is not the time to posture about imagined dangers of medically-vulnerable people being released from our overcrowded state prison system. We can be better.

       

49 Comments
  1. - Dan Johnson - Thursday, Apr 16, 20 @ 10:53 am:

    Our overcrowded prisons are super-vectors of this virus. Prisoners infect staff and vice versa. Infections do not stay in prisons. They spread to the surrounding residents via staff. From a public health perspective (not criminal justice reform) we need to temporarily reduce the density in prisons with every tool available to us. Home confinements or temporary facilities or early commutations for those who are getting out in the next few months anyway will save lives. I know Rep Cabello is a thoughtful, diligent legislator and I hope he and his colleagues will consider the public health benefits of reducing the density in our prisons. They call it a public health emergency for a reason.


  2. - Demoralized - Thursday, Apr 16, 20 @ 10:54 am:

    ==This truly is a new world==

    It is. And in this new world we are finding a lot out about people in how they are acting. Rep. Cabello isn’t faring well.


  3. - Perrid - Thursday, Apr 16, 20 @ 10:54 am:

    Both extremes need to sit down and be quiet. I in no way think that the governor’s office could, or should, go through thousands of prisoners’ records to determine if they should be released early in the few weeks or months that this wave is going to last for, and it is absolutely ludicrous, just amazing in its lack of perspective, to say that releasing 13 prisoners early is “undermining the criminal justice system”. Just amazing someone can say that with a straight face.


  4. - DuPage Saint - Thursday, Apr 16, 20 @ 10:56 am:

    Franzen from Kane is dying of cancer. He was buying marijuana for medical use. Granted he had way too much but I don’t think he was dealing. There are probably lots of reasons other were cut loose. Sometime compassion should be enough


  5. - Nickname - May soon be required (since 2014) - Thursday, Apr 16, 20 @ 11:00 am:

    When a guard’s child dies of COVID-19, will Cabello be at the funeral insisting that it was worth it to keep Victoria McCue in prison for five more years? Weird how the Blue Lives Matter crowd doesn’t want to keep guards safe.


  6. - Amalia - Thursday, Apr 16, 20 @ 11:00 am:

    it would be instructive for everyone if a by prison list of prisoners…no need to identify names…with crime that sent them in and previous convictions was available. let’s analyze. but, as studies have shown, the prison population cannot be reduced significantly without letting out many people convicted of crimes against person. the left has created the fiction that there are many people in for small time crimes. the right doesn’t want to pay for anything but they cry when anyone is let out. let’s look at facts and make decisions, because of this crisis and for other reasons.


  7. - Telly - Thursday, Apr 16, 20 @ 11:01 am:

    I’d say when you got Guzzardi hitting you from the left and Cabello from the right, you’re probably exactly where you need to be.

    Of all the COVID-related decisions the Guv has to make, this is one of the toughest. Prisons are like cruise ships and nursing homes, there’s just no way to avoid the virus. But he can’t let everybody go, the law doesn’t allow it and practical concerns about Public Safety don’t either. Just a real tough balancing act, but I’m glad Pritzker’s making the calls and not Guzzardi or Cabello.


  8. - Wylie Coyote - Thursday, Apr 16, 20 @ 11:03 am:

    Not to make light of the situation, but this may be the greatest future deterrent to committing a crime, knowing you may end up in Stateville or Cook County Jail.


  9. - Oswego Willy - Thursday, Apr 16, 20 @ 11:06 am:

    Let’s put in context who Mr. Cabello is as a legislator;

    HB4605…

    === The bill would require all state lawmakers to wear body cameras while conducting government business.

    Under the bill, officials found to be in violation of the law would be subject to fines.

    When Cabello filed the bill in 2019, he said it would help reduce corruption at the state and local levels.

    Here’s the statement Rep. Cabello gave 13 WREX when we asked about the bill:

    “Let’s look at some of the headlines throughout the last few months,” Rep. Cabello said. “All we hear about is corruption on the part of certain lawmakers. And tell me, if they had a body camera on, do you think this would have happened? There are folks that want law enforcement to wear a body camera from the time they start work until the time they end work. You know what, if it’s good enough for law enforcement, then it’s good enough for elected officials as well.”===

    My point in this exercise, to even contemplate there’s a thoughtfulness to Mr. Cabello’s ways, you only need to see this chiding of the releases in context of who Mr. Cabello is, and how he sees society through frivolous eyes and thoughtless measures to finding real solutions to real problems.

    As a member of the “Hateful Eight”, Mr. Cabello sees things as “us versus them”, and rarely sees things for any greater good.

    Mr. Cabello will see this whole episode, maybe this whole post and the comments too as him “making a difference and shaking up the… whatever”. It probably highlights more the rigid ideology that keeps him and those like him in the super minority of the super minority.


  10. - Just Me 2 - Thursday, Apr 16, 20 @ 11:07 am:

    I am amazed by the conservatives who act as if these Stay-at-Home orders were issued with delight.


  11. - Jibba - Thursday, Apr 16, 20 @ 11:08 am:

    ===in an unbelievable attempt to protect these prisoners from the Coronavirus==

    Man, that’s cold.


  12. - Moe Berg - Thursday, Apr 16, 20 @ 11:14 am:

    Congrats Reps. Guzzardi and Cabello: you are both ridiculous.

    The idea that Guzzardi can help with releasing “thousands” of prisoners is just showboating from someone who doesn’t have the weight of the governor’s responsibilities on his shoulders.

    Cabello treats Pritzker’s measured judgments considering the totality of circumstances as if the governor was releasing a prime-of-life ax murderer who was just sentenced back out onto the streets.

    I’ll give you two credit for playing to type. But, you’re not playing constructive roles in a crisis. You’re looking to score cheap political points.


  13. - zatoichi - Thursday, Apr 16, 20 @ 11:19 am:

    Is Rep Cabello willing to sponsor funding to greatly expand prison space to allow the distances and separations being recommended? If he has a better way to control COVID-19 in prison settings he should step forward with his plan.


  14. - Dee4Three - Thursday, Apr 16, 20 @ 11:21 am:

    The fact of the matter is large jail and prison populations will kill people, detainees, guards and neighbors. Officials will have to weigh the balance between those deaths and keeping people in.

    When making those decisions, folks should consider

    - there is little evidence that long prison sentences make us safer

    - the sentences people get are relatively random, there’s little difference in fact between 5 yr or 6yrs, 12yrs or 13, etc.

    - the sentences were certainly not contemplated to be served in a setting that is rampant with a deadly disease.

    There are few people asking for everyone to be released. But going through thousands of records does have the potential of preserving human life.


  15. - Oswego Willy - Thursday, Apr 16, 20 @ 11:25 am:

    What I see with Mr. Guzzardi?

    “Everyone has their priorities”

    To throw out a number word, “thousands”, first, that’s multiple thousands, more than one thousand. Where Mr. Guzzardi is failing those that might have a best chance, medically, to seek relief is deciding to put those in the same breath as “thousands”, multiple thousands.

    That’s the thing.

    You can’t be seen as thoughtful in a crisis when you use social media as your platform to arbitrarily use number words that are seen as a priority not a solution.

    The governor is in the box here, but prisoners are in a terrible situation where it can, and it may explode in ways that can’t be controlled. Governors make tough decisions, but governors don’t make tough decisions based on tweeted number words that in actuality seen as a political priority not a medical option.

    The differences between these two House members are the way they decided to tout their thoughts, but what is similar is lacking the realism and honest look at a medical crisis, because the politics to it were too tasty for them both to ignore.


  16. - Leigh John-Ella - Thursday, Apr 16, 20 @ 11:25 am:

    As long as the Hospital Association says there are enough ICU beds, we should be opening the doors on our prisons,

    Sincerely,
    8 GOP senators


  17. - SouthSide Markie - Thursday, Apr 16, 20 @ 11:26 am:

    == The Illinois Constitution gives crime victims a “right to be notified” of any perpetrator’s release (among other things), which complicates matters. ==

    Not really complicated. Crime victims’ right to notice is implemented by Section 4.5(d)(1) of the Rights of Crime Victims and Witnesses Act, 725 ILCS 120/4,5(d)(1). It provides that crime victims have to make a request for the notice. Section 4.5(e) of that Act almost completely eliminates any complication by allowing officials to comply with the notice requirement by through “through participation in a statewide victim and witness notification system established by the Attorney General…”


  18. - Lucky Pierre - Thursday, Apr 16, 20 @ 11:35 am:

    The real key will be getting all of these recently released prisoners registered to vote ASAP so they can show their appreciation


  19. - TheInvisibleMan - Thursday, Apr 16, 20 @ 11:50 am:

    Stateville is in Crest Hill.

    Where’s the mayor of Crest Hill in all this? The population of Stateville is counted in the population of Crest Hill when it comes to distributing state money to the town.

    The mayor of Crest Hill has been strangely silent through most of this.

    Does the mayor only care about the population of his town when he can make money off them?

    Shark City part Deux?


  20. - Nagidam - Thursday, Apr 16, 20 @ 12:03 pm:

    I would make a deal with these prisoners to put the onus of good behavior on them. For every day you are out of the system you get X amount of days off your sentence for good behavior. Make it a week or make it a month per day of good behavior. But if you commit a crime you go back to jail without stopping at GO and your remaining sentence is doubled. I don’t have a problem with the Governor using his authority to commute sentences. It’s a double-edged sword though.


  21. - Roman - Thursday, Apr 16, 20 @ 12:05 pm:

    Hey, maybe we found something good to come out of the coronavirus crisis: the Guzzardi-Cabello test. If they both think it’s wrong, then it’s gotta be right.

    Representative can use it on the floor. “Ladies and Gentlemen of the House, HB 123 merely codifies a long-standing administrative rule and it passes the Guzzardi-Cabello test…”


  22. - LoyalVirus - Thursday, Apr 16, 20 @ 12:21 pm:

    Utilizing social media to draw attention to issues isn’t a stunt, it’s how a lot of people get their info, for better or for worse. I see Rep Guzzardi’s post in that light. We’ve seen the Governor respond to tweets & tweet himself to draw attention to issues. He’s offered to help. It seems the biggest hurdle is identifying the prisoners who could be released - but someone has to do that research. The governor could direct people (or more people?) to take on that task, yes?


  23. - Oswego Willy - Thursday, Apr 16, 20 @ 12:26 pm:

    === Utilizing social media to draw attention to issues isn’t a stunt, it’s how a lot of people get their info, for better or for worse.===

    It’s worse. Not better. Social media as the news… yikes.

    === The governor could direct people (or more people?) to take on that task, yes?===

    Thousands, multiple thousands… in the middle of this pandemic…

    This is 1,000%

    “Everyone has their priorities”

    === We’ve seen the Governor respond to tweets & tweet himself to draw attention to issues.===

    The necessity of multiple thousands to be released, that’s pushing a priority of an agenda, not being thoughtful in a crisis, which using social media to deliver is probably “perfect” in delivering that type of agenda pushing.


  24. - Anon - Thursday, Apr 16, 20 @ 12:29 pm:

    I would think prisons are better equipped than any other place to enforce social distancing?

    @nickname let’s cut the hyperbole and the dramatics with worst case scenarios. I could just as easily say when someone is killed by one of these released prisoners will the Governor/Guzzardi be at the funeral insisting it was worth it they be released just so they didn’t get a virus that 80+% don’t need to be even hospitalized for?


  25. - Dan Johnson - Thursday, Apr 16, 20 @ 12:33 pm:

    Rep Guzzardi is making a thoughtful point. If we want to use standard social distancing to reduce the spread of this deadly infection, how many people need to be *temporarily* removed from our 38,000 person prison system (which is somewhere between 120% and 150% at its intended capacity)?

    Dozens? Hundreds? Thousands?

    Yes. Thousands.

    That’s if we follow the science.

    That’s why dorms are closed. That’s why people need to stay six feet away from each other. And that’s why overcrowded prisons in a pandemic are among our most dangerous vectors.

    I don’t think it’s irresponsible of Rep Cabello to advocate for transparency and crime victims. ( happen to think he is under-weighting the public health costs of maintaining the status quo.

    But Rep Guzzardi is certainly not irresponsible or scoring cheap shots to advocate for what the CDC recommends we do to slow the spread of this disease in our state facilities. The math is the math. It takes thousands of prisoners moved to other facilities (some via home detention, some to temporary facilities like empty dorms or hotels, some via early release or commutation) to protect all of us from the outbreak.

    There’s a reason why two of the top ten spots for this disease spread nationally are Illinois prisons. They are dangerous for our state’s public health particularly because they are so overcrowded.


  26. - OpentoDiscussion - Thursday, Apr 16, 20 @ 12:35 pm:

    = left side of his own party to release thousands of state prisoners, including from Stateville, which is populated with particularly hardcore convicts… =

    What? What is the rationale for this by those on the left? I can understand that there are always exceptions and there is an individual who should be released. However, as it would appear that the Left in Illinois are actually insane.


  27. - Moody's Blues - Thursday, Apr 16, 20 @ 12:41 pm:

    How convenient that releasing prisoners over COVID concerns perfectly aligns with the agenda of those who relentlessly lobby for … releasing prisoners. Any reason to advance the cause is a sound reason, no matter the attendant risks.


  28. - Dee4Three - Thursday, Apr 16, 20 @ 12:43 pm:

    Again, with an IDOC population of 38K people, with COVID in the majority of IDOC facilities, I’m wondering why saying thousands is pushing a priority of an agenda as opposed to a shocking, but a fact-based estimate of the problem.


  29. - Oswego Willy - Thursday, Apr 16, 20 @ 12:46 pm:

    === I’m wondering why saying thousands is pushing a priority of an agenda===

    There is no wondering, it *is* pushing an agenda… in the face of a crisis.

    “Everyone has their priorities”


  30. - charles in charge - Thursday, Apr 16, 20 @ 12:51 pm:

    “Thousands, multiple thousands… in the middle of this pandemic.”

    If that’s so “arbitrary,” then how many folks do YOU believe need to be released in order to mitigate the threat that has already killed people and put thousands of lives at risk, both inside and outside the prison walls? Keep in mind that our prisons are currently overcrowded by a figure of “multiple thousands.” You could release 4,000 people and still be over 100% capacity.


  31. - Oswego Willy - Thursday, Apr 16, 20 @ 12:57 pm:

    === If that’s so “arbitrary,” then how many folks do YOU believe need to be released in order to mitigate the threat that has already killed people and put thousands of lives at risk, both inside and outside the prison walls?===

    Here’s *exactly* why this is agenda driven.

    Almost perfect way to point it out.

    Mr. Guzzardi decided a number so arbitrary, in less than 280 characters, so, in an agenda, if you question such an arbitrary number, those pushing the agenda then say “well, how many do YOU… “

    There’s no onus on the tweet. Nope.

    It’s now a discussion on the agenda and getting a number, any number greater than… zero to be put forward.

    Again, it’s not the thoughtful way to approach this, it’s pushing an agenda using a crisis to seem more thoughtful.

    We’ve now had “people to work on doing this” as a suggestion, and the blowback by daring to question a 280 character tweet.


  32. - The Young Gov - Thursday, Apr 16, 20 @ 12:58 pm:

    Getting thousands out (e.g., 6k) and getting down to a census of 30K in IDOC (we are around 36k something today), is an agenda of creating more health and safety in IDOC for inmates and staff (and the rural communities they live in) both before the pandemic and also during the pandemic because the need for health and safety in IDOC has been heightened in this very moment. Any target release number that allows us to get down to single cells for everyone would greatly increase health and safety for staff and inmates. Guzzardi should have been more specific when he said “thousands.”


  33. - charles in charge - Thursday, Apr 16, 20 @ 1:07 pm:

    “Again, it’s not the thoughtful way to approach this, it’s pushing an agenda using a crisis to seem more thoughtful.”

    So answer the question thoughtfully, using as many characters as you need. What would a non-arbitrary number be?


  34. - Moody's Blues - Thursday, Apr 16, 20 @ 1:07 pm:

    == how many folks do YOU believe need to be released in order to mitigate the threat that has already killed people and put thousands of lives at risk, both inside and outside the prison walls? ==

    Prison never is a risk-free environment. It would be helpful if those advocating mass release would address the risk of inserting thousands of people from that environment into other locked-down communities. By what multiplier would we expect that mass relocation to raise the infection rate of innocents in those communities?

    In other words, would this proposed release mitigate disease threats or dramatically increase them?


  35. - Rich Miller - Thursday, Apr 16, 20 @ 1:09 pm:

    ===all of these recently released prisoners registered to vote ASAP===

    Yeah. All 13 of ‘em.


  36. - Oswego Willy - Thursday, Apr 16, 20 @ 1:09 pm:

    === So answer the question thoughtfully, using as many characters as you need. What would a non-arbitrary number be?===

    This must be to Mr. Guzzardi, right.

    Nope.

    He can answer. It’s his tweet, its his agenda.


  37. - Oswego Willy - Thursday, Apr 16, 20 @ 1:12 pm:

    === Guzzardi should have been more specific when he said “thousands.”===

    Yep. It’s his agenda.


  38. - charles in charge - Thursday, Apr 16, 20 @ 1:16 pm:

    “It’s his tweet, its his agenda.”

    Is mitigating the public health threat posed by the spread of COVID-19 in Illinois prisons not part of your “agenda” too?


  39. - Oswego Willy - Thursday, Apr 16, 20 @ 1:19 pm:

    === Is mitigating the public health threat posed by the spread of COVID-19 in Illinois prisons not part of your “agenda” too?===

    Here’s is the continuing on pushing an agenda, and then putting not only the onus on the questioner, now it’s putting the questioner in the position of… “isn’t that your agenda too?”

    Again, notice no thought to asking Mr. Guzzardi, it’s again trying to make the questioner part of the agenda.

    Let’s see what “Mr. 280 Characters” says….


  40. - Pundent - Thursday, Apr 16, 20 @ 1:41 pm:

    The answer to this problem lies somewhere in between the positions being advocated by Cabello and Guzzardi. What’s the right number? Who knows? But you’re not going to have informed debate and the creation of public policy via Twitter.


  41. - Oswego Willy - Thursday, Apr 16, 20 @ 1:43 pm:

    ===… you’re not going to have informed debate and the creation of public policy via Twitter.===

    … and yet responses to *me* are…

    === Is mitigating the public health threat posed by the spread of COVID-19 in Illinois prisons not part of your “agenda” too?===

    Welp.


  42. - All this - Thursday, Apr 16, 20 @ 1:56 pm:

    ==How convenient that releasing prisoners over COVID concerns perfectly aligns with the agenda of those who relentlessly lobby for … releasing prisoners. Any reason to advance the cause is a sound reason, no matter the attendant risks.==
    So someone who was for releasing prisoners before shouldn’t be expected to be for releasing prisoners now with Covid -19 in the prisons? I’m not sure I follow your reasoning.
    Who are these people you speak of who are “relentlessly lobbying for releasing prisoners” anyway? Do they have names?


  43. - Oswego Willy - Thursday, Apr 16, 20 @ 2:01 pm:

    - All This -

    Start with “Illinois Prison Project“

    Lemme know what you find.

    Thanks.


  44. - Bobby Hicks - Thursday, Apr 16, 20 @ 3:01 pm:

    Let’s hope we don’t have a Willie Horton situation.


  45. - Downstate Illinois - Thursday, Apr 16, 20 @ 3:02 pm:

    I’m not opposed to the governor using his clemency powers with or without a pandemic. At least it’s somewhat transparent. IDOC fiddling with the rules and letting people go isn’t. This way the governor takes ownership.

    What I can’t understand is the ACLU whining about the release of the names. Just where do they think the public doesn’t have the right to know this? At one time decades ago prisoners coming up for parole had to file legal notices in the local newspaper where they had been convicted that they were applying for parole. I’m not sure why we ever got rid of that especially with IDOC’s regular failure to notify crime victims when their attackers are released before the termination of their sentence.


  46. - Leigh John-Ella - Thursday, Apr 16, 20 @ 3:59 pm:

    – “The answer to this problem lies somewhere in between the positions being advocated by Cabello and Guzzardi.” –

    Honestly, what doesn’t?


  47. - Oswego Willy - Thursday, Apr 16, 20 @ 4:07 pm:

    === Honestly, what doesn’t?===

    and…

    === “Ladies and Gentlemen of the House, HB 123 merely codifies a long-standing administrative rule and it passes the Guzzardi-Cabello test…”===

    This could be a game changer in the Illinois House.


  48. - Bourbon Street - Thursday, Apr 16, 20 @ 4:44 pm:

    It looks to me (given the ages of the cases and the variety of convictions) that these 13 inmates had clemency petitions that pre-dated the COVID-19 crisis and that Pritzker is simply attending to his duties to consider those petitions. Cabello’s attempt to tie these commutations to the current crisis is ridiculous.


  49. - My 2 Cents - Thursday, Apr 16, 20 @ 9:31 pm:

    As a moderate/independent who would vote for JB in a heartbeat if the election were tomorrow, I beg the Governor not to release violent prisoners. The US Dept of Justice found that 5 of 6 (83%) state prisoners released in 2005
    across 30 states were arrested at least once during the 9 years following their release. I can site sources if necessary. Bottom line, if any released inmate commits murder that blood would be on JB’s hands. I realize he’s in a tough position. Protecting the citizens of IL from violent felons should be a top priority. Thanks JB for all you’ve done so far. Please keep us safe.


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