Kane state's attorney opposes 2 bills before state lawmakers
Kane County State's Attorney Joe McMahon says he opposes two bills state legislators are considering: one that would allow 16- and 17-year-olds charged with murder and rape to be tried as juveniles in some cases; a second law would require appointment of a special prosecutor when a police officer is charged with a felony.
McMahon said the first law would encourage gangs to have teens carry out violent crimes if the penalty could be less severe in juvenile court.
He also maintains there are safeguards in place to ensure police officers are prosecuted objectively and the determination of a special prosecutor should be made on a case-by-case basis.
Both bills have been assigned to a committee and are nowhere close to a final vote to be sent to the governor's desk.
Currently, defendants who are 16 and 17 when accused of murder or rape are automatically tried as adults. If a person less than 16 is accused of those crimes, prosecutors must argue before a juvenile court judge to have the case moved to adult court.
One example in Kane County was the case of Garang Deng, who was 14 when he shot and killed an Aurora woman in October 2005. Deng eventually pleaded guilty in adult court and is serving a 35-year prison term.
If a juvenile defendant is convicted in juvenile court, he can be imprisoned in a state youth facility until the age of 21.
If the bill becomes law, McMahon fears gang leaders will look to their juvenile recruits to commit violent crimes, especially if a defendant could only be imprisoned until 21.
"That would encourage the gangs to really push handguns to minors to carry out those crimes. That's a dangerous incentive to create for gang members," he said during his monthly meeting with reporters. "That legislation is a bad idea and I think it would have a bad effect on our community ... Murder and rape should be prosecuted in adult court."
If the bill becomes law, McMahon's office could still have a hearing before a judge asking that the case be moved to adult court, but there is no guarantee a judge will sign off on that.
McMahon said the proposal for a special prosecutor when an officer is accused of a felony is "unnecessary" and "overbroad." He cited professional conduct rules prosecutors must follow, noted that his office has prosecuted several cases involving police officers and says that overall, the determination should be made on a case-by-case basis.
"This office can and has prosecuted police officers," McMahon said. "There's no reason to imply there's an automatic disqualification just because somebody has or had a connection of this office professionally."