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Setting the stage while dealing with the fallout

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Illinois

* At least one of my readers was surprised this morning that Sheila Simon would speak out on this issue in public…

Lt. Gov. Sheila Simon has added her voice to the chorus of political leaders who are urging Gov. Pat Quinn to sign legislation ending the death penalty in Illinois.

In a letter she sent to Quinn on Monday, Simon points out that she spent four years as an assistant state’s attorney in southern Illinois’ Jackson County, and feels that she did a good job in that post. But she also says that our criminal justice system, even when operating at its best, is still imperfect.

My initial reaction was that this orchestrated at the very top levels. Turns out, I was correct…

In an interview Monday night, Simon said she shared her views recently with Quinn, and he asked her to put them in writing.

So, she writes the letter and then shares it with the media. It suggests that Quinn is leaning in favor of signing this bill and maybe wants to gin up at least the appearance of a groundswell of support.

* But the apparent careful stagecraft isn’t going down well in at least one of the trenches…

A DuPage County judge said it’s “grossly irresponsible” for Gov. Pat Quinn to remain silent on whether he’ll sign legislation that would abolish the state’s death penalty.

Circuit Judge John Kinsella made a plea from the bench Monday for Quinn to end the uncertainty over Illinois’ death penalty.
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“He’s got to tell us if he’s going to sign the bill and make it law,” Kinsella said.

The judge’s remarks came as he scheduled a May trial for an Addison man accused of killing his mother and a prostitute five years ago. Gary Schuning, 28, may face the death penalty if he is convicted of the Feb. 26, 2006, double-stabbing.

I don’t blame Quinn for taking his time on this one, considering the seriousness of the issue, but I can empathize with Judge Kinsella. There are lots of people out there waiting on this very important decision. While the governor should take some time here, he can’t ignore the urgency of the matter.

…Adding… From Zorn in comments…

I’d just like to point out that John Kinsella was the lead prosecutor of Rolando Cruz in Cruz’s third trial for the murder of Jeanine Nicarico and was trying to put Cruz to death for that crime. Of course later it turns out that, d’oh!, Cruz was innocent. Brian Dugan and Brian Dugan alone killed that girl.

Good point.

* Meanwhile, the furor over the highly active lame duck session (which produced the death penalty abolition, the civil unions bill and the tax hike) will probably take years to subside…

In her first official act since her January appointment, state Rep. Pam Roth, R-Morris, introduced a bill Monday that would prohibit former lawmakers from taking a new state job for up to two years after they leave office, a bill aimed directly at her Democratic predecessor.

But Roth denied the bill was in direct response to former state Rep. Careen Gordon, who drew criticism for supporting a controversial tax increase and then being appointed to a state job by Gov. Pat Quinn just days later. Quinn appointed Gordon on Jan. 14 to the Illinois Prisoner Review Board, a job which comes with a 12 percent pay hike for Gordon, who was defeated by Sue Rezin in last November’s election.

The tremendous hurdles blocking major legislation means that this stuff mostly happens in clumps. It’s no coincidence that the GA has approved just one permanent income tax increase since the tax was first established under Gov. Ogilvie in 1969.

Thoughts on the bill?

posted by Rich Miller
Tuesday, Jan 25, 11 @ 12:36 pm

Comments

I think this is a bad bill. How does one restrict the ability to use current or former legislators as government workers. Would the supporters of this bill denied Hillary Clinton from becoming SoS?

A better bill would be addressing and limiting the content of bills addressed at a lame duck session.

Comment by Cincinnatus Tuesday, Jan 25, 11 @ 12:45 pm
Signing is a done deal, this is about taking as much energy out if as a republican campaign issue as possible. Expect some kinf of get-tough on crime legilslation to be proposed and a long and very public parade of exonorated former death row inmates talking about their innocence from now until Quinn signs it.

Comment by Gregor Tuesday, Jan 25, 11 @ 12:54 pm
I’d just like to point out that John Kinsella was the lead prosecutor of Rolando Cruz in Cruz’s third trial for the murder of Jeanine Nicarico and was trying to put Cruz to death for that crime. Of course later it turns out that, d’oh!, Cruz was innocent. Brian Dugan and Brian Dugan alone killed that girl.

Comment by Eric Zorn Tuesday, Jan 25, 11 @ 12:57 pm
It is tough to choose on this subject. The shootings in Tucson made me think that there should be some exception to permit capital punishment for mass murderers and serial killers.

Comment by Honest Abe Tuesday, Jan 25, 11 @ 12:59 pm
Is the bill in question about government ethics or are we re-litigating the death penalty. I’m so confused…

Comment by Cincinnatus Tuesday, Jan 25, 11 @ 1:12 pm
Should John Wayne Gacey have been put to death? Should someone who kills a police officer (beyond any doubt) be put to death? After Quinn, once again, goes back on a campaign pledge he made to get elected… A jury of the “people” will never again have that option.

Comment by Flip/flop Tuesday, Jan 25, 11 @ 1:18 pm
If it weren’t for the horrific cases in Will, Lake and DuPage counties where innocent people were railroaded, or the multiple cases in Chicago where Burge was torturing suspects later exonerated, I could see a place for the death penalty for the worst cases. The fact that you can’t eliminate the rare rogue elements in law enforcement and prosecutors offices scares me.

I have to choose between the possibility of putting to death an innocent person and having a monster living out his life in prison, possibly even victimizing fellow inmates. Being a taxpayor means I am, in part, culpable for putting an innocent person to death. That would be unbearable.

Comment by dupage dan Tuesday, Jan 25, 11 @ 1:30 pm
Flip/flop - “Beyond any doubt” isn’t the standard for capital punishment and never has been.

But I suppose you knew that already…

– MrJM

Comment by MrJM Tuesday, Jan 25, 11 @ 1:37 pm
Not everything about the death penalty in DuPage county should be viewed through the Rolando Cruz prism.

Does anyone think the uncertainty on if this is going to become law is doing anyone any favors, judges, attorneys, victims, those charged with a crime. Anyone?

Comment by OneMan Tuesday, Jan 25, 11 @ 1:40 pm
“In an interview Monday night, Simon said she shared her views recently with Quinn, and he asked her to put them in writing.”

I find it rather ridiculous that the Governor told the Lt. Governor to put her views in writing. He hand picked her - don’t you think he already knew her position on the death penalty?

Comment by umm Tuesday, Jan 25, 11 @ 1:48 pm
What good does Rep. Pam Roth’s bill accomplish?

The problem I have with ex GA members taking regular state employee positions is the way the GA retirement system is worded. IE work one day and their retirement is based upon the new salary NOT an average for years of work.

AS for the death penalty I hope Gov. Quinn watches a few “Stolen Voices Buried Secrets” episodes.

Comment by JustMe_JMO Tuesday, Jan 25, 11 @ 1:55 pm
MrJM— Agreed. But after the jury finds someone guilty “beyond a reasonable doubt” then during the sentencing phase a much higher standard can be applied by the jury… a decision based on many more varaibles that were not admissable in the trial court. The point I was trying to make is that some would be opposed even if it was approved “beyond any doubt”.

I would suspect that Shelia Simon would be one…. and (as long as there is no election happening) Quinn would be the other.

I will guess that the Republicans are going to wait for Quinn to sign this law and then try to reform it, and in attempting this, make it into a major campaign issue.

Comment by Flip/flop Tuesday, Jan 25, 11 @ 2:01 pm
So Pam Roth is saying that if Bill Brady had won, none of his fellow GOP senators could have resigned to join his cabinent?

I’m so sick and tired of these inept Republicans and the gimmicks they don’t even attempt to think through.

Comment by just sayin' Tuesday, Jan 25, 11 @ 2:06 pm
I sure hope Quinn signs the repeal of the death penalty soon. When a democracy puts someone to death, they put blood on all our hands.

Comment by Dead Head Tuesday, Jan 25, 11 @ 2:14 pm
Roth’s is a silly, reactionary law.

Former legislators get chosen for two very good and complimentary reasons: 1) they’re available, and 2) they don’t need a tour of the place.

I agree that pensions reforms such as the one suggested by JustMe should be considered. But to disqualify qualified people for state jobs is good politics, but bad policy.

Comment by Bill F. Tuesday, Jan 25, 11 @ 2:47 pm
Time for Pat Quinn to read Walter Berns The Case for Capital Punishment. Listen to Anita Alvarez, leave the option for this
kind of punishment.

Comment by amalia Tuesday, Jan 25, 11 @ 3:31 pm
Judge Kinsella has some chutzpah given his record. The inability to remember the past is good for cornerbacks and relief pitchers, but not judges.

Simon might be softening up the ground for him, but I’m okay with Quinn taking his time.

It’s a tough, literally, life and death call.

I covered murder trials where the defendants were obviously 100% guilty of the most barbaric crimes, and I wouldn’t have had a problem giving giving them the spike myself.

Yet Illinois has an immoral track record of putting folks who could not have committed the crimes they were convicted of on Death Row.

This state has proven that it can’t be trusted for the ultimate penalty. That’s a pretty conservative position.

Sen. Dillard said he was examining the issue, and I’ll have an open mind as to what safeguards can be established to lift the moratorium or re-establish the death penalty.

Comment by wordslinger Tuesday, Jan 25, 11 @ 3:52 pm
I say yes, outgoing GA members should have to wait 2 years before taking any state job or at any company that has or will do business with the state in the past or future 2 years. There are more than enough qualified people for these appointed positions and the outgoing GA member needs to tough it out on the job market just like anyone else who changes careers, gets fired, laid off, etc.

Comment by thechampaignlife Tuesday, Jan 25, 11 @ 3:58 pm
If you haven’t read it yet see the stories about “New report slams Riley Fox Investigation”. http://abclocal.go.com/wls/story?section=news/local&id=7917804&rss=rss-wls-article-7917804

A horrible story about what was done to this man after his daughters murder hat almost let the criminal walk.

Comment by JimF Tuesday, Jan 25, 11 @ 4:17 pm
The other fly in the DP abolition ointment is the 15 or so men currently awaiting their turn in the executioner’s room. If Quinn signs the bill ending future DP sentences, he can’t not commute those currently facing death, can he? I mean, I know that legally, yes he can sign it and still execute those on death row. But that would be kind of awkward, wouldn’t it?

I hope he’s taking his time reviewing each of those current cases and thinking carefully about what he’s going to say to those families who were victimized by the death row denizens. That ain’t going to be easy at all, but that’s his job.

That could explain the slow, deliberate process too.

Comment by 47th Ward Tuesday, Jan 25, 11 @ 4:43 pm
Four years as an assistant state’s attorney, Lt. Governor? How many murder cases did you try? Were you a supervisor of any division in your office?

Comment by Kyle Orton's Neck Beard Tuesday, Jan 25, 11 @ 5:00 pm
Maybe Pam Roth should introduce a bill prohibiting appointed members from running for a full term and receiving a reduced salary.

Comment by Tom Joad Tuesday, Jan 25, 11 @ 5:11 pm
The omly reason to keep the death penalty is deterrence. From the ACLU:

“There is no credible evidence that the death penalty deters crime more effectively than long terms of imprisonment. States that have death penalty laws do not have lower crime rates or murder rates than states without such laws. And states that have abolished capital punishment show no significant changes in either crime or murder rates.”

Comment by Wensicia Tuesday, Jan 25, 11 @ 5:18 pm
wanna take bets on whether Pam Roth ends up in a gov’t job when her legislative career comes to an end?

Comment by Michelle Flaherty Tuesday, Jan 25, 11 @ 6:22 pm
Boy, I would think Judge Kinsella would lay low on the death penalty, and especially avoid causing the words “grossly irresponsible” and his name to appear in the same article about the death penalty. Too much opportunity for even slow people to connect the dots.

Comment by steve schnorf Tuesday, Jan 25, 11 @ 8:30 pm