Illinois: Death penalty moratorium leaves 15 in holding pattern

Fifteen Illinois inmates sit in limbo on death row, sentenced to pay the ultimate price for their crimes yet unsure whether a 9-old moratorium on state-sponsored executions will ever be lifted.

James Degorski narrowly missed joining their ranks last week when two jurors refused to support the death penalty for his role in the 1993 Brown's Chicken massacre.

In a hearing that continues this week, convicted child killer Brian Dugan could still be sent there if a DuPage County jury unanimously agrees that he deserves to die for the abduction, rape and murder of Naperville schoolgirl Jeanine Nicarico in 1983.

Former Gov. George Ryan made death row a prison purgatory when he enacted the moratorium in 2000 following the exoneration of the 13th prisoner found to have been wrongfully convicted in a capital case. In 2003, he commuted the sentences of 167 condemned inmates to life in prison.

Since that time, 16 people have been sentenced to death. One committed suicide, and the rest are wading through the lengthy appeals process.

The ban remains moot until an inmate exhausts all appeals and is assigned an execution date. At that point -- probably about three years from now -- the governor will have to decide whether to reinstate capital punishment.

"It's all going to depend on who's in the governor's mansion when the cases come to an end," said Andrea Lyon, director of the Center for Justice in Capital Cases at DePaul University.

Gov. Pat Quinn has said he has no immediate plans to lift the ban. But at least one gubernatorial candidate, state Sen. Kirk Dillard, R-Hinsdale, said enough safeguards are in place to resume executions. If politicians want to abolish the death penalty, they should hold a referendum instead of ignoring the issue, he said.

Source: Chicago Tribune, Oct. 26, 2009

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