Governor George Ryan declared an indefinite moratorium on executions in Illinois on January 31. Calling the prospect of executing an innocent person “the ultimate nightmare,” Ryan declared, “Until I can be sure with moral certainty that no innocent man or woman is facing lethal injection, no one will meet that fate.”
Illinois has exonerated more death row prisoners (13) than it has executed (12) since it reinstated the death penalty in 1977. While his moratorium is in place, a 14-member commission will investigate just how these 13 innocent people ended up on death row.
Such action by a Republican governor took many in the moratorium movement by surprise, even people on the ground in Illinois. Just days before his announcement, hearings on moratorium legislation were held in the Illinois House.
Clearly, a shift in public thinking on the death penalty is creating the political space for Ryan – a self described “strong proponent of tough criminal penalties” – to take this historical first step. A 1999 poll of Illinois voters shows majority (55%) support for a moratorium. Further, a Chicago Tribune poll released in February found that support for the death penalty continues to decline. Only 58% support capital punishment, down from 76 % in August 1994 and 63% last year. Further, when life in prison without possibility of parole was presented as an option, 41% choose it and only 43% chose the death penalty.
Illinois’ numbers mirror a similar decline nationwide. A Gallup poll released in February shows that 66 % of U.S. citizens support capital punishment, down from 80% six years ago.
What Next?
Meanwhile, on March 2, the Illinois House voted 117 to 1 to ban the death penalty for the mentally retarded. Calvin Giles (D-Chicago), who introduced the bill, credited Ryan with “setting the tone” that allowed such overwhelming support. At least 11 of about 160 inmates now on Illinois’ death row have scored 75 or below on at least one IQ test . The legislation requires a prisoner to prove he or she was mentally retarded before the age of 18 but does not define metal retardation by a specific IQ level. If the bill passes the Senate and Ryan signs it, Illinois would become the 13th death penalty state to ban death sentences for mentally retarded defendants.
On March 10, Ryan released the names of those who will serve on his commission, including former Senator Paul Simon, lawyer-novelist Scott Turow, and a former president of the Chicago Bar Association. A former federal judge will chair the panel.
Faced with where to go from here, the Illinois Death Penalty Moratorium Committee has adjusted its plans to address the new state climate. They are now focusing on making Ryan’s commission fair and exhaustive and mobilizing Illinoisans to tell their governor that innocence is not the only problem with Illinois’ death penalty. Over half of the death sentences in the state are overturned on appeal. Prosecutorial misconduct, racial bias, and the substandard legal representation for poor defendants underlie the system that sends innocent people to death row.
Public education is essential to sustaining the moratorium and insuring that the Governor’s study is truly exhaustive study. The Committee is promoting educational speakers throughout the state. In addition, the Journey of Hope – From Violence to Healing, a speaking tour of murder victims family members, is planning a summer tour of Illinois.
The moratorium in Illinois is bound to ricochet across the country. Grassroots momentum is building in other states, including Pennsylvania, New Jersey, Missouri, Texas, Alabama and Maryland. To get involved, see “moratorium organizing contacts” call Equal Justice USA at 301-699-0042.
