Illinois Governor Empties Death Row

by Don Babwin

CHICAGO (Jan. 12) - Calling the death penalty process ``arbitrary and capricious, and therefore immoral,'' Gov. George Ryan cleared Illinois' death row Saturday, commuting 167 condemned inmates' sentences in the broadest attack on the death penalty in decades.

Ryan's decision came three years after he temporarily halted state executions to examine the system's fairness.

``I had to act,'' he said. ``Our capital system is haunted by the demon of error - error in determining guilt, and error in determining who among the guilty deserves to die.''

The move was quickly denounced by prosecutors, the incoming governor and relatives of some murder victims; one relative said Ryan ``has killed them all over again.'' But it was met with jubilation at Northwestern University, where a who's who of anti-death penalty activists attended Ryan's speech.

``Gov. Ryan has taught us what leading truly looks like,'' said Lawrence C. Marshall, director of the Center on Wrongful Convictions at Northwestern, the school whose journalism students have helped exonerate some condemned inmates. ``This is greatness, my friends.''

The mass commutation was the sharpest blow to capital punishment since the U.S. Supreme Court declared it unconstitutional in 1972, forcing states to redraw their laws to make them more equitable. About 600 sentences were reduced to life with that decision, said Richard Dieter, executive director of the Death Penalty Information Center.

Most of the 167 Illinois inmates will now serve life without parole. Ryan also reduced the sentences of three men; they could eventually be released. In the few cases where death sentences were under review, the maximum penalty will also be life without parole.

The announcement came two days before the Republican Ryan leaves office as one of the nation's most influential anti-death penalty advocates - a legacy he has embraced even as an ongoing federal corruption investigation targeting his tenure as secretary of state ruined his chances for re-election and made him a pariah within his own party.

The Illinois State's Attorneys Association, a group of county prosecutors, will investigate ways to challenge Ryan's actions, said the group's president, Champaign County State's Attorney John Piland. But several prosecutors acknowledged there may be little they can do about the governor's broad clemency power, short of an amendment to the state constitution.

Ryan said he sympathized with the families of the men, women and children who had been murdered, but he felt he had to act.

``I am not prepared to take the risk that we may execute an innocent person,'' he wrote in an overnight letter to the victims' families warning them of his plans.

That reasoning didn't add up for prosecutors - or for relatives of some victims.

``Every one of the victims, he has killed them all over again,'' said Cathy Drobney. Her daughter Bridget was killed in 1985 by Robert Turner, whose sentence was commuted.

Said Peoria County State's Attorney Kevin Lyons: ``The great, great majority of these people that have petitioned for commutation ... did not even contest their guilt.''

``He's disingenuous when he says that certainty is the issue,'' Lyons said.

With death row inmates he had recently pardoned sitting in the audience as he spoke Saturday, Ryan framed the death penalty issue as ``one of the great civil rights struggles of our time.''

Ryan had halted all executions in the state nearly three years earlier after courts found that 13 Illinois death row inmates had been wrongly convicted since capital punishment resumed in 1977 - a period when 12 other inmates were executed.

He said studies conducted since that moratorium was issued had only raised more questions about the how the death penalty was imposed. He cited problems with trials, sentencing, the appeals process and the state's ``spectacular failure'' to reform the system.

``Because the Illinois death penalty system is arbitrary and capricious - and therefore immoral - I no longer shall tinker with the machinery of death,'' he said.

Other governors have issued similar moratoriums and commutations, but nothing on the scale of what Ryan has done. The most recent blanket clemency came in 1986 when the governor of New Mexico commuted the death sentences of the state's five death row inmates.

Maryland Gov. Parris Glendening, who last year issued the country's only other moratorium on state executions, has no plans to pardon or commute the sentences of any death row inmate before leaving office Wednesday, spokesman Chuck Porcari said.

Corrections Department spokesman Sergio Molina said Ryan had signed commutation orders for 167 people - 156 on death row and other in jails awaiting hearings or sentencing for other crimes.

Plans are in the works to nominate Ryan for the Nobel Peace Prize, University of Illinois law professor Francis Boyle said earlier this week. On Saturday, the Rev. Jesse Jackson spoke out in favor of the nomination.

``I think it was morally right, it took political courage in this climate. He deserves a Nobel Peace Prize,'' Jackson said.

But Vern Feuling, whose son William was shot and killed in 1985, was outraged that the killer would be allowed to live.

``My son is in the ground for 17 years and justice is not done,'' Feuling said. ``This is like a mockery.''

Incoming Gov. Rod Blagojevich, a Democrat, also criticized Ryan's action, calling blanket clemency ``a big mistake.'' Each case should be reviewed individually, Blagojevich said. ``You're talking about people who've committed murder.''

On Friday, Ryan had gone a step farther in four other death row cases, issuing pardons for four men he said had been tortured by police into making false confessions.

A few hours later, Aaron Patterson, 38, walked out of prison a free man and ate his first steak dinner in 17 years, while Madison Hobley and Leroy Orange spent time with their families.

Stanley Howard, 40, the fourth man pardoned Friday, remained in prison. He had also been convicted of a separate crime for which he was still serving time. All four had been convicted in murders.

``It's a dream come true, finally. Thank God that this day has finally come,'' Hobley, 42, said Friday as he left the Pontiac Correctional Center.

Cook County State's Attorney Dick Devine said the future of the four men should have been decided by the courts. His office is trying to determine if the pardons could be challenged, but Devine said the clemency powers for an Illinois governor are among the broadest in the country.

``Instead, they were ripped away from (the courts) by a man who is a pharmacist by training and a politician by trade,'' he said. ``Yes, the system is broken, and the governor broke it today.''

Ollie Dodds, whose 34-year-old daughter, Johnnie Dodds, died in an apartment fire that Hobley was convicted of setting, said she was saddened by Ryan's decision.

``I don't know how he could do it,'' she said, adding that she still believes Hobley is responsible.

``He doesn't deserve to be out there.''

01/12/03 07:04 EST

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