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OFFICE OF THE LIEUTENANT GOVERNOR
SHEILA SIMON LIEUTENANT GOVERNOR
January 24, 2010
The Honorable Patrick QuinnOffice of the Governor
100 W. Randolph St., Ste. 16-100
Chicago, IL 60601
Dear Governor Quinn,
As Lt. Governor of Illinois and a former prosecutor in Jackson
County, I am deeply invested inmaintaining a justice system that
acts swiftly and fairly to preserve the public safety of all
our
states residents. Today our state is at a crossroads in terms of
the use of capital punishment as a
deterrent to and punishment for serious crimes. The direction we
take will mean the differencebetween the life and death of men and
women not only in Illinois, but in other states that use our
model. I commend you for giving this issue the careful study
that it deserves.
I spent four years as an assistant states attorney in Southern
Illinois, prosecuting primarilytraffic and domestic battery cases.
I was careful about charging decisions, and did not bring a
case unless I was convinced of the guilt of the defendant. My
colleagues in the office had a
similar focus on justice. We regularly met with defense
attorneys, and when we learned newfacts that changed our opinions
on a case, we amended charges where appropriate. I also recall
one bench trial where, at the close of evidence, I was still
convinced of the guilt of the defendant,
but I was pleased that the judge found the defendant not guilty.
The facts brought up during thetrial showed the defendant was in a
position of choosing between two bad results, and I believe
the defendant chose well.
My concern is for those defendants who do not have an active,
alert attorney, and for defendants
who lack the capacity to ably assist an attorney in their
defense. Those cases will not reach a
point where a prosecutor is presented with all available
evidence. That means the honest, ethical
prosecutor will not even consider facts that would, in another
case, lead to amended charges alife or death issue for the
defendant.
Even in the best of circumstances, our system allows for error.
We try criminal cases to astandard of beyond a reasonable doubt. It
is a higher standard than the burden in civil cases,
but it is not beyond all doubt. Our system links an irrevocable
punishment to a standard where
jurors could have some nagging questions about the defendants
guilt. The results demand pause.Since 1977, 20 people sentenced to
death in Illinois have been freed because they were found
innocent or the cases against them collapsed.
214STATE HOUSE SPRINGFIELD, ILLINOIS 62706
