Does governor's race mean death penalty moratorium at an end?

The moratorium on executions in Illinois has existed as a purely political animal since former Gov. George Ryan commuted all death sentences to life terms in January 2003.

Fifteen men - including one who raped and murdered a Rolling Meadows college student - have been put on death row since then, but none has been executed.

That could all change come November, depending on who is elected governor.

If the moratorium is lifted, the man convicted of the June 2001 rape and murder of Rolling Meadows native and Eastern Illinois University student Shannon McNamara stands first in line to be executed. In February 2003, Anthony Mertz, now 34, was handed the first death sentence after Ryan granted blanket clemency.

Only one of the four candidates running for governor - Republican state Sen. Bill Brady - wants to lift the 10-year moratorium and resume executions.

Brady "supports the death penalty and its reserved use for the most heinous of murders," campaign spokeswoman Patty Schuh said.

Democratic Gov. Pat Quinn asserted support for the moratorium - and the death penalty in certain cases.

Quinn has upheld the moratorium first put in place by Ryan and continued by former Gov. Rod Blagojevich, after a growing number of death row inmates were exonerated of crimes. The ban itself was sparked, in part, by the prosecution of the wrong men for the 1983 murder of a 10-year-old girl from Naperville.

Quinn spokesman George Sweeney said Quinn has no immediate plans to lift it, and wants adequate safeguards in place to assure no innocent person is put to death. He did not reveal how long he thought that could take.

Neither Quinn nor Brady responded directly to questions of whether they would back specific laws raising the standard of proof in sentencing someone to death.

Brady would "honor the law of the land and ensure that every safeguard is taken to ensure the integrity of the system - and that no innocent person is put to death."

Still, Sweeney said, Quinn supports the death penalty in some instances, something that "may be an appropriate punishment for particularly heinous crimes, such as murder or terrorism." The death penalty, he said, "underscores our shared belief as a society that some crimes deserve the most severe punishment, when meted out fairly and justly."

Green Party candidate Rich Whitney and Independent Scott Lee Cohen both say they completely oppose the death penalty.

Whitney says he believes the criminal justice system is "necessarily imperfect, infused with racial bias and class bias. People make mistakes. Juries make mistakes. ... In addition, although the argument is often made that capital punishment is a deterrent for committing a crime, I don't think it acts that way - it sends a message that under certain circumstances it is acceptable to take a human life."

Whitney said he applauds governors who have maintained the moratorium, but "the time has come to take the next step and (repeal the death penalty) by legislative enactment."

Similarly, Cohen said the state has "seen too many cases where evidence has either been falsified (or) confessions have been coerced or even worse. As long as there's the possibility of innocence, we don't have a right to put the suspects or the people to death."

The moratorium on executions is an order by the governor's office. Illinois law still provides for the death penalty, but moratorium means the state does not carry it out.

It was first put in place in January 2000 by Ryan. Citing the wrongful prosecution of Rolando Cruz for the 1983 murder of Jeanine Nicarico of Naperville, Ryan declared a statewide moratorium on executions. Three years later, as he was leaving office, Ryan cleared out death row - changing the sentences of more than 150 inmates to life in prison.

Illinois' next governor, by law, can lift the moratorium without a vote by the General Assembly.

That is, as long as the legislature does not vote to repeal the death penalty first.

The Illinois Coalition to Abolish the Death Penalty recently kicked off a campaign - making stops in Schaumburg, St. Charles and Naperville in recent weeks - to push for a repeal of the law reinstated in 1974.

Two Democrats - state Sen. William Delgado of Chicago and Rep. Karen Yarbrough of Maywood - have sponsored legislation that would do just that. Delgado's piece of legislation currently sits in a committee. Yarbrough's passed out of committee March 5 but has not been called for a vote, which indicates that she may not yet have enough support for the measure.

Coalition organizers say they believe momentum is building, especially as a spotlight is put on the cost of keeping an inmate on death row compared to the much less expensive cost of prison for life without parole.

Since 2003, the group points out, Illinois taxpayers have spent more than $100 million on the Capital Litigation Trust Fund, which pays the cost of litigating death penalty cases - despite the moratorium blocking all executions.

They also point to figures in other states that put the cost of death sentences at eight to 10 times the cost of life in prison.

The governor has an opportunity to veto any legislation passed by both houses of the General Assembly. That veto can be overridden by a three-fifths majority (or supermajority) from both houses.

The coalition's nonprofit status means it cannot endorse any candidate, Director Jeremy Schroeder said. With that in mind, both major party candidates for governor give the coalition pause for some concern. So does the fact that none of the four candidates for governor has been outspoken on the death penalty. None list their positions on their websites.

"With Brady saying he would lift the moratorium, and Quinn still looking at the issue, both of those answers point to the need of continuing our efforts," Schroeder said.