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Kane authorities take wait-and-see approach in wake of death penalty ban

Prosecutors and public defenders in Kane County are taking a wait-and-see approach in the wake of Gov. Pat Quinn abolishing the death penalty in Illinois as of July 1.

Kane has five capital punishment cases. Four are awaiting trial and one is in the sentencing phase.

Kane County State’s Attorney Joe McMahon wants to meet face-to-face with the families of victims in each case before deciding how next to proceed.

“Although I don’t necessarily agree with how reform has been brought to the death penalty process in Illinois, I am relieved that a decision has been made, and we now know how to proceed with these five cases,” McMahon said. “It is unfortunate, however, that victims’ families have been forced to relive their horror over and over again during this reform process.”

Defense attorneys a floor below McMahon’s office were pleased with Quinn’s decision.

“I’ve watched innocent people go to death row several times,” Kane County Public Defender Thomas McCulloch said.

In Illinois, private defense attorneys often are paid through the Capital Litigation Trust Fund to present a competent defense in cases where the state seeks the death penalty.

If McMahon’s prosecutors pull the death penalty off the table, whether the defense duties will fall to one of the attorneys in McCulloch’s office remains to be seen. “We’re still wondering that same thing. We don’t have a clear answer. Technically, the death penalty still exists,” McCulloch said. “The wait-and -see look seems to be the sensible thing to do.”

One example is Darren Denson, 39, who is scheduled for retrial in April, charged with the 2003 murder of Kyle Juggins in Elgin. His first trial in November ended in a mistrial.

Denson, who is in prison for another murder in Wisconsin, has an attorney from the Kane County public defender’s office representing him, along with a private attorney, John Paul Carroll, who charges a flat fee of $50,000 for a defense of a death penalty case. Carroll could not be reached for comment Thursday.

Frank Hill, 39, is accused of the January 2007 slaying of Karyn Pearson in Gilberts. Hill’s trial is set for May 16, and he has a status hearing Friday.

McCulloch expects to ask the judge for a continuance Friday instead of any action being taken.

Other cases are:

Ÿ Hector Mauricio, 24, of the 1100 block of Ridgeway Avenue, Aurora, pleaded guilty to murdering 83-year-old Roscoe Ebey in 2007. A judge has ruled Mauricio is eligible for the death penalty, and he is due in court March 18.

Ÿ Jaime M. Diaz, 33, of Aurora, has yet to stand trial, charged with the 1998 murders of Brendan Anderson and Elias Calcano. His next court date is March 31.

Ÿ Aurelio Montano, 55, has been charged with the July 1990 murder of his wife, Guadalupe Maria Montano, in Aurora. His next court date is Friday.

Thomas McCulloch