Man can face death sentence
In a last-ditch effort to bar a 27-year-old Wauconda man from death row eligibility, defense attorneys called the Kane County state's attorney as a witness Tuesday, charging he used the threat of capital punishment as leverage to entice murder suspects to accept plea agreements.
Attorneys for Michael Calabrese, who shot and killed a man in 2005 over a dice game in Carpentersville, argued State's Attorney John Barsanti admitted to such coercion in a July 18, 2006, article in the Daily Herald.
"The Supreme Court has said there is some line, somewhere. There is a line somewhere and the question is whether the line is crossed in a case such as this," defense attorney John Hanlon said. "The death penalty is supposed to be a narrowing process, the worst of the worst cases."
Earlier Coverage Stories Barsanti's use of death penalty criticized [7/18/06]
Barsanti testified his statements in the newspaper were accurate, but he seeks the death penalty "whenever possible and appropriate." He also disputed defense attorney claims he used the death penalty to appease voters.
Judge Philip DiMarzio said Barsanti's under-oath testimony was "far more compelling" than a newspaper article and denied the request from Calabrese's attorneys to bar the death penalty from a possible sentence.
If Calabrese was not eligible, his sentence range would be between 45 and 85 years and he must serve 100 percent of it.
The last person sentenced to death in Kane County was Luther V. Casteel for killing two and wounding 16 others during a shooting spree in 2001 at JB's Pub in Elgin. His sentence was commuted in 2003 when then-Gov. George Ryan emptied death row.
A jury last month convicted Calabrese of slaying Edmond Edwards, 25, of Chicago Ridge after losing money during a dice game at the Fox View apartment complex May 1, 2005. Edwards was found face down in a parking lot with $140 in his hand and another $670 in his pocket. Calabrese waived his right to have a jury decide whether he should be put to death.
DiMarzio determined that Calabrese was eligible for the death penalty because he is older than 18, personally pulled the trigger, knew the act would result in death or great bodily harm, and the murder was committed while another felony -- attempted armed robbery -- was taking place.
After the ruling, Calabrese turned and whispered to his mother, "Will you come and visit?"
Calabrese is due in court for sentencing Jan. 14. Then, defense attorneys will call medical experts and other witnesses to show DiMarzio that Calabrese has mental health problems and had been diagnosed with bipolar disorder.
Prosecutors will present aggravating factors, such as the impact of Edwards' death on others and Calabrese's lengthy criminal record.
Prosecutor Bill Engerman said Calabrese was convicted and imprisoned for burglary, theft and possession of a controlled substance and refused to participate in an out-of-state treatment program.
At 14, Calabrese committed a criminal sexual assault on a 10-year-old and once kicked a pregnant woman in the abdomen at a sandwich restaurant after she claimed he was the father, Engerman said.