LOOPHOLES REMAIN
Illinois' complicated relationship with the death penalty began in the late 1990s when 13 men on death row were found to have flawed convictions and, in several cases, were innocent.
In response, then-Gov. George Ryan, a Republican and a longtime death penalty supporter, declared a freeze on executions, announcing in January 2000 that no executions would proceed until the system was reformed. (Ryan later concluded that the system was beyond reform and commuted all death sentences during his tenure.) Reforms included the establishment of the Capital Litigation Trust Fund, also in January 2000.
Concern arose about lack of control over the fund in 2004, when media reports revealed unchecked expenses in the murder retrial of Cecil Sutherland of downstate Dix. The retrial was handled by Minnesota wrongful death attorney John Paul Carroll, who submitted about $2 million in expenses. Legislators were infuriated at some of his bills, including the fact that he charged $135.68 an hour for the time it took to pack his van in Minnesota and drive to Illinois.
Today, Carroll still defends his bills as the cost of death penalty reform. "If you want (a death penalty), you're going to have to pay for it," he said. "… This is the ultimate punishment. You can't bring them back."
Nonetheless, furious lawmakers established new rules. Now judges in each case must preapprove all hourly rates and defense attorneys' estimated budgets for the entire case.
However, those reforms left some wide loopholes.
Experts can apply their full fees even to nonexpert tasks: photocopying documents, transporting files, making hotel reservations. One ballistics expert's vouchers show he once charged his $300 hourly rate to "return evidence" to another member of the defense team — $150 for 30 minutes.
"It's absolute insanity," says Lyons, the Peoria prosecutor. "This should be called the 'open checkbook fund.'"