ILLINOIS: DEATH PENALTY; THE ASSOCIATED PRESS TRIES TO SHED LIGHT ON A VERY UNCERTAIN SITUATION; WILL GOVERNOR QUINN SIGN THE BILLS?

"Q: Are prosecutors still seeking the death penalty, given the moratorium and the uncertainty over Quinn's ultimate decision?

A: While most state's attorneys have been pursuing capital punishment, some have been conducting cases as if death wasn't an option, they say. Peoria County State's Attorney Kevin Lyons made the latter move official this week when he announced plans to handle murder cases there "as if the death penalty does not exist in Illinois." That means life in prison would become the harshest punishment for homicide defendants who are convicted.........

Q: When will Quinn make a decision on the legislation?

A: That's anyone's guess. Now that the bill has passed both houses of the legislature, it has to be certified in the General Assembly, a process that can take up to 30 days. After that, the governor has 60 days to sign, veto or ignore it. If Quinn takes no action, the measure automatically becomes law after 60 days, but spokeswoman Annie Thompson said it's unlikely he won't do something, one way or the other.

REPORTER KAREN HAWKINS: THE ASSOCIATED PRESS; AS PUBLISHED IN THE CHICAGO TRIBUNE.

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"CHICAGO —
Ten years after Illinois halted executions, the uncertainty over Gov. Pat Quinn's pending decision on whether to end capital punishment for good raises a number of questions about the state's current death penalty cases and the 15 men on death row," the story by Associated Press reporter Karen Hawkins published yesterday in the Chicago Tribune under the heading, "Illinois death penalty decision leaves uncertainty," begins.

"A bill recently passed by the state House and Senate would abolish the death penalty as of July 1, but there are no guarantees the governor will sign it," the story continues.

"Quinn supports the death penalty but has also kept in place the moratorium on capital punishment instituted by a predecessor, former Gov. George Ryan, after the death sentences of 13 men were overturned and Ryan concluded the state's death penalty system wasn't working.

Quinn's decision could come any time after the law is certified by the General Assembly, and he's being lobbied hard by death penalty opponents, prosecutors and victim's rights groups. The situation has created a period of uncertainty for prosecutors and defense attorneys with pending death penalty cases, as well as those on death row.

Q: What does the legislation mean for the people currently on death row?

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A: For now, nothing. Quinn has maintained the moratorium on capital punishment put in place in 2000 by Ryan, and death row inmates' cases are subject to that moratorium. Of the 15 men on death row, seven were sent from Cook County, three from DuPage and one each from Coles, Jefferson, White, Hancock and Jo-Daviess counties, according to the Illinois Department of Corrections.

Q: Could Quinn decide the fate of those death row inmates?

A: Yes. If Quinn signs the death penalty abolition bill, he could commute the men's sentences to life in prison. Conversely, he could lift the moratorium, and executions would begin again.

Q: Can people currently still be sentenced to death in Illinois?

A: Yes. Prosecutors can still seek the death penalty for eligible defendants, and juries can still impose it. Even if Quinn signs the legislation, all of that can still happen until July 1, when the law would take effect.

Q: Are prosecutors still seeking the death penalty, given the moratorium and the uncertainty over Quinn's ultimate decision?

A: While most state's attorneys have been pursuing capital punishment, some have been conducting cases as if death wasn't an option, they say. Peoria County State's Attorney Kevin Lyons made the latter move official this week when he announced plans to handle murder cases there "as if the death penalty does not exist in Illinois." That means life in prison would become the harshest punishment for homicide defendants who are convicted.

Q. Who are some of the defendants for whom the state is seeking the death penalty?

A: There are death penalty cases pending around the state, and prosecutors have announced plans to seek the death penalty for defendants who are awaiting trial. The defendants include Christopher Vaughn, a Will County man charged with fatally shooting his wife and three children in the family's sport utility vehicle; Christopher Coleman, a southwestern Illinois man charged with strangling his wife and their two sons; and Nicholas Sheley, who's been charged in a two-state killing spree that left eight people dead in 2008.

Q: What will happen to the Capital Litigation Trust Fund, the pool of state money that pays for death penalty trials?

A: Prosecutors and defense attorneys can still access the money for pending cases. Legislators allocated $19 million for the litigation trust fund for FY2011. But the abolition legislation, if signed, calls for the money to be transferred into the Death Penalty Abolition Fund and used for services for the families of homicide victims and for law enforcement training.

Q: Why do people say the death penalty system in Illinois is broken?

A: When Ryan called for the death penalty moratorium in 2000, the state had executed 12 death row inmates since 1977, and the sentences of 13 others had been overturned because they were found innocent, the trials were deemed unfair or because their confessions were found to be coerced by police. Since then, the number of overturned capital cases has risen to 20, more than the number of people currently on death row. Death penalty opponents say there's no guarantee that an innocent person won't be put to death.

Q: Then why do prosecutors say the system has been fixed?

A: Prosecutors point to significant reforms instituted after the moratorium was put in place, including more money and training for defense attorneys, videotaped interrogations and easier access to DNA evidence.

Q: When will Quinn make a decision on the legislation?

A: That's anyone's guess. Now that the bill has passed both houses of the legislature, it has to be certified in the General Assembly, a process that can take up to 30 days. After that, the governor has 60 days to sign, veto or ignore it. If Quinn takes no action, the measure automatically becomes law after 60 days, but spokeswoman Annie Thompson said it's unlikely he won't do something, one way or the other."

The story can be found at:

http://www.chicagotribune.com/news/chi-ap-il--illinoisdeathpen,0,4085322.story

PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;