Report: Fund for death defenses remains unchecked
SPRINGFIELD -- A state fund that pays for death penalty cases shows a pattern of unchecked expenses and questionable fees billed by some lawyers and trial experts, according to a published report Sunday.
The investigation, published in the St. Louis Post-Dispatch, showed a lack of audit and oversight of the Illinois Capital Litigation Trust Fund, budgeted at about $10 million each year.
Among the newspaper's findings were that some defense professionals charge private sector rates for expenses like travel. In one instance, a Texas psychologist billed the state at $270 an hour, beginning with the 80 minutes it took to pack for his flight.
The newspaper also found that prosecutors have billed Illinois for death penalty trials which some critics say causes them to seek the death penalty to offset costs from their counties.
The fund has dispersed more than $50 million since it was founded eight years ago.
No single state agency oversees the fund; trial judges are responsible for reviewing and approving expenses. Messages by The Associated Press to the Illinois State Treasurer and Illinois Auditor General's offices weren't immediately returned Sunday.
Supporters of the fund say it provides key defense funding for suspects in capital cases. Some who have been paid from the program said it helps assure suspects death penalty trials have adequate funding for their defense.
Indiana ballistic expert John Nixon testified at Jason Smith's murder trial in Belleville earlier this year. He was convicted of killing four people in a 2005 shotgun rampage. Smith's defense team in the quadruple homicide case billed the fund more than $1 million. Nixon charged the state $300 an hour for three trips he made to Belleville. The total cost was $11,700.
"Ask anyone in business if they travel for free," said Nixon, noting that his normal fee was $350 an hour and that he gave a "discount" to Illinois taxpayers.
The newspaper's findings caught the attention some state legislators, prosecutors and even a county judge.
Peoria County State's Attorney Kevin Lyons said lax oversight could allow defense lawyers and expert witnesses to "milk this thing like a cow."
Members of the Illinois Prosecutors Bar Association said they may call for hearings to examine how defense teams bill for their time and expenses. There are no regulations that limit how much can be spent for each trial.
St. Claire County Circuit Judge Milton Wharton said he fretted about the potential of billing abuse. He has called for the Illinois Attorney General to investigate the program.
"The submission of fraudulent expenses would not only squander taxpayer dollars, but also deplete the Capital Litigation Trust Fund and jeopardize the defense of other needy defendants," St. Clair County Circuit Judge Milton Wharton said in a written statement to the newspaper.