Text of the letter Illinois Gov. George Ryan sent Friday to
families of victims of Illinois death row inmates to explain his
decision to commute all death sentences, most to life in prison
without parole:
On Saturday, January 11, at Northwestern University, I will
announce my decision with respect to the clemency application
filed by death row prisoners.
As you know, I met with the family members of homicide victims
in either Chicago or Springfield. I also heard some of the
family members’ testimony at the Prisoner Review Board hearings
and reviewed the hearing testimony.
During the past three years of reviewing the flaws in the death
penalty system, my thoughts and feelings about the topic have
changed many, many times. I know that over the course of my
review, I have said that I would consider all of the options
available to me and make my decision based on my findings. I
have said that blanket commutation was an option, on the front
burner, the back burner and out of consideration. I realize I
have contradicted myself on the issue of blanket commutation. As
you know, the death penalty issue is a very emotional issue and
often times emotions change from time to time. That is certainly
true in my case. I believe public officials should always
reserve the right to change their minds — especially if it is in
the best interest of the public.
I have kept an open mind on both sides of the issue —
commutation to life without parole or death. I know that any
decision I make will not be accepted by both sides. I am
prepared to live with that because I know that I have done my
very best to come to the conclusion that I feel is the best
public policy for the people of Illinois. I also know that I
probably will continue to have changing emotions with my final
decision. But I also know in my heart that I did my best to do
the right thing.
As I continued my individual review of the cases, this review
reinforced my belief that our death penalty system was and is
unreliable. Cases of wrongful conviction continue to appear.
Just last month, prosecutors released four men previously
convicted of murder because they were innocent of the charge. I
had to reflect on the number of times our system has failed to
convict the right person. If we have had so many instances where
we have not convicted the right person, how can any of us be
sure that our death penalty sentencing process is any better?
Even if the person is guilty of the crime charged, has out
sentencing process been really fair and free of improper
influences or geographic influences — or other arbitrary
factors? What should I make of the incompetent work of defense
attorneys?
Moreover, each year we have approximately 1,000 people murdered
in the state of Illinois. More than 98 percent of victims’
families do not get, and will not receive, whatever satisfaction
can be derived from the execution of the murderer. U.S. Supreme
Court Justice Potter Stewart has said that imposition of the
death penalty on defendants in the United States is as freakish
and arbitrary as who gets hit by a bolt of lightning.
Based on my in-depth individualized review of the cases, I have
decided to pardon a small number of individuals and to commute
the remaining sentences of death row inmates to life without
parole. I have pardoned Madison Hobley, Stanley Howard, Aaron
Patterson and Leroy Orange based on their innocence. I have
imposed 40-year sentences on Mario Flores, Montell Johnson and
William Franklin that are consistent with the sentences imposed
upon their co-defendants and the other extraordinary
circumstances of these cases.
While many of you will not be pleased with the decision that I
have made, I have come to peace within myself that I have made
the right decision. I am not prepared to take the risk that we
may execute an innocent person, or execute someone who really
was not sentenced to death in a fair proceeding or under a
reformed capital punishment system. The General Assembly has not
enacted any of the recommendations from my Commission on Capital
Punishment. This commission was composed of some of the
brightest and most experienced legal minds in our state. Despite
this, no serious effort has been made to adopt these reforms.
The action I have taken in commuting these sentences will leave
the newly elected governor and the new General Assembly with a
clean slate. They can undertake serious reform of the death
penalty system knowing that they will not have to struggle with
the question of whether the new reforms should be applied
retroactively.
Once again, I want to express my deepest sympathies for the loss
you have suffered. I know that nothing that I can do will bring
your loved one back. I wish you the very best for the future,
and I hope that you can find peace in knowing that I have made
this decision with respect to all death row inmates, rather than
just picking and choosing the cases in which someone will be
spared. I have chosen to exercise mercy under all these
circumstances. May God bless you.
Sincerely,
GEORGE H. RYAN
Governor
|