Public defender group calls to end death penalty

Citing wrongful convictions that sent men who were later exonerated to Illinois' death row, and the economic strain on an already struggling criminal justice system, the Illinois Public Defender Association voted on Friday to support a resolution calling for the abolition of the death penalty.

The unanimous vote amplifies the growing chorus of opposition to capital punishment, said Jeffrey M. Howard, president of the IPDA and Cook County deputy assistant public defender.

That opposition includes the Illinois State Bar Association, the state's largest bar association with a membership of 35,000.

"The vote adds our voice to others who have taken a formal position on the abolition question," said Howard.

"Hopefully, it will encourage others to take a position and let the legislature know the time for abolition is now," Howard said.

Illinois has had a moratorium on executions since 2003, when former Gov. George Ryan commuted sentences of death row inmates to life terms, citing the wrongful prosecution of Rolando Cruz for the 1983 murder of 10-year-old Jeanine Nicarico of Naperville.

However, the death penalty remains a legal option which prosecutors may elect to pursue, said a spokeswoman for the Office of the Cook County State's Attorney. Cook County prosecutors will continue to do so unless the General Assembly revises the law, she said.

According to the Illinois Coalition to Abolish the Death Penalty, in the 25 years from Illinois' reinstatement of the death penalty to Ryan's moratorium, 20 death row inmates were exonerated. The Illinois Department of Corrections reports that 15 men are currently on death row, including Brian Dugan, sentenced to die for the Nicarico murder.

As reasons for IPDA's opposition to capital punishment, Howard referenced the flawed process that has resulted in wrongful convictions, the toll it takes on victims' families and the expense of prosecuting and defending death penalty cases.

"Since the Capital Litigation Trust Fund was enacted by the legislature in 2000, the state of Illinois has spent approximately $100 million toward death penalty litigation," he said.

Cook County Public Defender Abishi C. Cunningham referenced studies from other states that he says show "it is actually cheaper to impose a life sentence without the possibility of parole than it is to try to execute someone."

But cost isn't the IPDA's only concern, said Cunningham, who served as a Cook County Circuit Court Judge for 23 years before taking over the public defender's office in 2009.

"Morally, I don't think of the imposition of the death penalty as an effective means of decreasing these types of crimes," Cunningham said.