Death row clemency hearings open

CHICAGO, Oct. 15 (UPI) -- Some claim they were tortured into confessing, others claim below average intelligence, still others say they had inadequate or no legal representation.

Whatever the reason, more than 140 of the 160 inmates on Illinois death row are seeking commutation during an unprecedented series of hearings that began Tuesday in Chicago and Springfield. Gov. George Ryan, who ordered a moratorium on executions in 2000, is considering blanket clemency before he leaves office in January, fearing the execution process is fatally flawed.

Illinois has executed 12 men since the death penalty was reinstated in the mid-1970s. However, 13 death row inmates have been freed since the executions resumed, exonerated by DNA and other evidence. One of the 13, Anthony Porter, who was just days from execution at one point, was cleared by a group of Northwestern University journalism students who tracked down the real perpetrator and obtained a confession.

The hearings, which have been scheduled across nine days ending Oct. 28, have been roundly criticized by prosecutors and victims rights groups, who called them pointless and an insult to the justice system.

Family members delivered emotion-filled testimony, begging the clemency board to leave the sentences intact.

Monday, Cook County State's Attorney Richard Devine, whose office handled more than half the cases being heard, and Lake County State's Attorney Mike Waller urged Ryan to cancel the proceedings if he really does plan to grant a blanket commutation, saying there was no need to put the families through a sham proceeding.

"If, in fact, the governor has his mind made up and intends to grant clemency on a wholesale basis to death row defendants ... , he should have the decency to cancel these hearings and spare the families the trauma of reliving their horror yet again to no purpose," Devine said.

In a terse response, the governor said he appreciated Devine's opinion, then reminded the prosecutor of the exonerations. Most of the cleared inmates had been prosecuted by Devine's office, albeit long before his tenure began.

"Executing the wrong inmate, as we have nearly done in Illinois 13 times, would only compound the tragedy," Ryan said.

Ryan has pledged to consider each case individually after he receives the review board's confidential recommendations. However, he is not bound by those recommendations.

"It's hard to see how anything positive will come out of this process," Waller said.

Devine said in his cases, there is no question about the inmate's guilt although some are claiming innocence.

Among the first cases heard Tuesday was that of Leonard Kidd, convicted of killing 14 people -- 10 of the victims children killed in an arson fire. He also was convicted of stabbing four people to death, including a child.

"The level of brutality in these murders is incomprehensible," Assistant Cook County State's Attorney David O'Connor said.

Kidd was one of 10 death row inmates who confessed while in the custody of Chicago Police Lt. Jon Burge or one of his minions. Burge was fired for coaxing confessions with torture, including the use plastic bags over suspects' heads, electric shock and cattle prods.

Kidd recanted his confession but was convicted anyway in a subsequent trial. His attorney filed a petition noting her client's intelligence is well below average at 57 and that he never tested higher than the 60s. The U.S. Supreme Court this year ruled mentally retarded felons should not be executed.

But the mother's of one of his victims, Emma Burke, told the board Kidd is not retarded.

"He always played his part. He's a role player," Burke said. "I can't look at (pictures of) my children. I don't have anything of my kids."

After her appearance, Burke lashed out at Ryan.

"All of a sudden, he wants to do the right thing. It's too late to do the right thing," she said. "Leave it alone. What kind of pain is he putting on these families? We're the ones that hurt."