RichardWanke.Com

  • UPDATE:

    Four years have passed since Greg Clark's February 6, 2008, murder. No one has been charged for his murder, but Richard Wanke and Diane Chavez remain under a cloud of suspicion, and the Rockford Police and State continue to prosecute Diane Chavez. We believe it is time for the media and Rockford community to question the conduct of the Clark murder investigation and to urge the authorities to drop the prosecution against Diane Chavez.
  • Four Years of Injustice!

    Read our summarization of the events of the 4 year old investigation to date and our perspective as to why the allegations made against Richard Wanke, and Diane Chavez, are wrong. Please click on the tab on "Year Four: Where the Clark Murder Investigation Stands" in the top left center area of this page to read why we believe the investigation went astray and not only needs to be redone, but the charges against Diane Chavez also immediately dropped.
  • Richard Needs Your Help on Appeal!

    Richard will be filing a post-conviction petition in June 2012, and needs help. Please click on the "Help Needed" tab to read further. You can find all of his appeal court filings by clicking on the tab "Richard's Appeal Briefs.
  • Massive Clark Murder Investigation Fails to Link Richard or Diane

    Incidentally, the State's evidence comprising it's case against Richard and Diane (consisting of over 700 pages containing over 200 individual Rockford police reports and evidence summations) has been reviewed by an authoritative source who found nothing contained in that information which links either Richard or Diane to any involvement in Clark's murder other than the original claimed "witness reports" in February 2008. No DNA, no fingerprints, no weapon, no gunpowder residue, no questionable contacts, phone records, or transactions: nothing, zilch....
  • Why does this blog exist?

    On February 6, 2008, our friends, Richard Wanke and Diane Chavez, were arrested in alleged connection to the murder of a well-respected, local attorney, Gregory Clark. The vague scenario the Rockford police have submitted is problematic and more than three years later; the Rockford police still haven't been able to build enough of a case to charge Richard or Diane (or anyone else) with anything connected to the murder. We know Richard and Diane as gentle people; local community activists, who routinely participate in volunteer projects in the community. We hope, for the sake of our friends, and the family and friends of attorney Gregory Clark, that the Rockford police will rethink their current course and renew effort toward finding the real truth in this case.
  • How the Police Investigation of the Greg Clark Murder Went Astray

    The scenario on Wednesday, February 8, 2008, about 1:50 pm in the afternoon:

    The snow fall in Rockford, Illinois began the evening before and continued throughout the day. The snow accumulation was the heaviest experienced by the city in 10 years. The snowfall was so heavy that most businesses and all offices closed early or never opened, and for the first time in memory mail delivery did not even occur. At 1:50 pm, snow on the streets reached above car bumper level and visibility was poor.

    What happened: News media report that at 1:50 pm, attorney Greg Clark was home at his house in a quiet neighborhood on the east side of Rockford. According to the RRSTAR's latest summation of events from 2008: "A gunman springs from a van and opens fire, killing Gregory Clark, a Rockford attorney, who is clearing snow from his sidewalk." Clark was brutally shot in the back three times by an unknown shooter. He was pronounced dead at the hospital a short time later.

    News accounts and subsequent police action show that more than one perpetrator actively participated at Clark's shooting. Media reports show the police immediately focused upon Richard Wanke because of what they thought of him and not because of any of the evidence found at the murder site.

    The news reporter was told the next day that the police did not believe he shot Clark, but just that he was somehow involved. Subsequent questioning of Richard's acquaintances showed the police asking questions indicating they sought information about at least one other person other than Richard.

    Read the whole essay.

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  • About the Articles on this Blog:

    RichardWanke.com is written and updated by community volunteers. It's mission: publicity and assistance for the legal defense of IDOC inmate, Richard Wanke. This blog also features articles on topics affecting IL, IDOC, and IDOC inmates. Article information is gleaned from a variety of public media accounts and from other internet sources and reflects what we believe to be accurate. Readers are invited to respond and submit their own experiences.
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    Click here to link to Richard's campaign Spot.us is a non-profit project to pioneer "community funded reporting". Through Spot.us, the public can commission investigations with tax deductible donations for important and perhaps overlooked media stories. Read this article at link to more information
  • IDOC Early Release & Good Time Credits Still Remain Suspended!

    All IDOC Early Release Programs were suspended in 12/2009. IDOC awarding of Supplemental & Meritorious Good Time Credits (SGT & MGT) were also subsequently suspended. No inmates are eligible for either, and while MGT may return in a more restrictive form, no Early Release program is anticipated. See: (here)

    Politicians have made the law more restrictive before IDOC once again awards any MGT. You can read the Erickson Report and IDOC's official plan for implementing MGT (here).

    Prison over-crowding is unlikely to be addressed by Quinn until Mid 2012 or later. It may or may not include MGT. Quinn's plan to close state facilities is changing again and prison closures may again be included. Discussions between Quinn and IDOC about prison overcrowding are happening, but any action on releasing inmates to relieve overcrowding will not happen till late 2012, if at all.

    We will keep readers posted of any news or changes when these occur. We also urge readers to check these online sites: (ILprisontalk.com), and the (John Howard Association), for other information

  • Important Email Addresses:

    Send a letter with your thoughts or questions to Richard Wanke. (If you want a reply, you must include your name and a regular mailing address.) freerichardwanke@gmail.com, or snailmail (and it is slow):

    Richard Wanke, K77902 Vienna CC, 6695 State Route #146 East, Vienna, IL 62995

    ____________________

    Express your frustration about IDOC, prison issues, or anything else to your IL State Representative or IL State Senator! Use this link to email them directly!: (Rep or Senator here)

    Send your thoughts to Congress!

    Thanks to reader prisonrightsadvocate, for letting us know of the following weblinks which you can use to directly email our US Rep, Don Manzullo and State Senator, Dick Durbin

    ____________________

    Send an opinion letter to the Rockford Register Star. (To be printed it must be less than 200 words, with name, address, and daytime phone number.) Opinions@RRStar.com

    Send an opinion letter to the Rock River Times. rrtimes@rworld.com

    Have you experienced problems with the Winnebago County legal system? Please write a short story about your incident for us to post. You can choose to add your name, or not. freerichardwanke@gmail.com

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Archive for the ‘IL in Fiscal Ruins’ Category

First Indication that Quinn & State of IL resolve to Address State Prison Overcrowding & Release of Prisoners

Posted by parchangelo on January 21, 2012

We previously advised readers that any return of the Meritorious Good Time Credit (MGT) which IL Governor Pat Quinn suspended in December 2009, or a new program for the early release of IL inmates would first be publicly announced before the state acted to release anyone. Rumors are spread every month to inmates within the IL Department of Corrections (IDOC) about the anticipated return of MGT. These rumors are false, and as this article shows, IDOC is not about to reinstate MGT.

This article is the first clear and official indication of how Governor Quinn intends to proceed in order to address the extreme prison overcrowding he created in his attempt to win election as state governor. Quinn has so far ignored all inquiries as to why he has not reinstated MGT, but this article basically states that he will not do so; nor will he implement any “early release” program across the board. Rather, it states that Quinn and staff are brainstorming with just a few crucial legislators who deal with criminal justice issues; particularly Rep. Dennis Reboletti, who is a hard-liner on crime.

Rep Reboletti speaks of “alternative sentencing”,  ankle bracelets, treatment centers and halfway houses; terms similar to Quinn’s mention in October 2010 that he would focus on altenative sentencing, but it remains to be seen exactly what, if any, leniency will be included in the methods by which these options will be implemented. Reboletti has never advocated shortening sentences and releasing any inmates early, and his alternative sentencing options may mean just removing prisoners from IDOC and the State’s responsibility and instead making them serve the remainder of their terms elsewhere, such as in local communities.  Given that the State is short on money already and so are most communities; passing the responsibility for prisoner behavior onto localities would be difficult to work out. Yet, if localities accept inmates and themselves release them early, then the State can avoid political flack if anything goes wrong.

Whatever form of compromise is reached between Quinn and his legislators, it is unlikely to apply uniformly across the board for inmates. Some inmates convicted of non-violent offenses will be eligible to participate; yet others committing other offenses may not have that option.  Rep. Art Turner’s legislative overture to set aside the 60 day requirement is certainly doomed. Additionally, since funding sources appear to be non-existent right now, implementing sentencing alternatives and processing individuals by the end of the upcoming Spring legislative session appears to be over-optimistic. ILprisontalk.com is urging it’s members to contact legislators in support of Rep Turner’s bill and HB 3900. We doubt this is necessary. Since legislators tightened eligibility restrictions for awarding MGT, they are unlikely to now loosen them, and Governor Quinn won’t require this. Given who the legislators are that Quinn is negotiating with, Quinn isn’t going to unveil any risky or lenient program for sentence reduction. And, he will not need a prod to act. He will just move when he decides to do so. He can count on legislative support, not opposition, as legislators are not likely to oppose any actions negotiated by both parties and the Governor that they believe will reduce the prison population (and, more importantly, prison costs).

Quinn may have a few more unpleasant surprises up his sleeve. Last year he pushed hard for a state tax increase and got it, but it did not solve the state’s fiscal problems. Illinois is more in the hole than ever, and there are no more magic rabbits for Quinn. Now, his only solutions are to cut state expenses and increase the state’s efficiency, and he is starting to move in ways which may be ruthless. Quinn had seven state facilities on the chopping block for closure last year. Their closures were averted at the time, but he just resurrected two of them last week: Tinley Park and Jacksonville. These serve vulnerable, disabled individuals which Quinn now states he is justified on moving back into the community because he has better plans for their placement and welfare. Quinn’s plans are yet unspecified and may be little better than his initial and criticized plans, yet he is announcing the closures of Tinley Park and Jacksonville as executive and final decisions not subject to re-review. Quinn is using the assertion that because his initial closure plans for these two facilities involved public hearings and a review, that these eliminate the necessity for the same this time around. If Quinn wins on this point, don’t be surprised if he also resurrects the closure of Logan Correctional Center and/or the Chester Mental Health Center.

This is not to say that alternative sentencing is not the solution. It is, but it will not succeed alone. Alternative sentencing options will only take some offenders out of IDOC to relieve prison overcrowding. It does not resolve the overcrowding in the first place, and if the current community mindset with respect to crime and offenders is not changed, then localities will not welcome alternative sentencing options and the placements of offenders.

Supposedly, there has been a statewide push for several years for circuit courts and counties to develop local programs to recognize and correct the problem of persons being sent to prison who either do not need to be there in the first place or who do not benefit by being in prison. While it is known that some individuals are dangerous to society or deserving of severe punishment; IL prisons today are largely filled with more minor offenders who are not rehabilitated but simply warehoused by state prison.  Adult Redeploy was designed to create funding methods for communities to develop alternative court supervision and rehabilitative programs to reserve state prison for serious and dangerous offenders.

Some communities deserve credit for getting their jail populations under control, because they have been proactive in realizing that it is better to rehabilitate rather than punish the citizens who ultimately return to their communities. Other communities have continued to deal harshly with offenders and are just beginning to consider their options as they are finding that they cannot afford the costs of jailing everyone. Unfortunately, much better progress could have been made with Adult Redeploy up to this point in time. Now, if the state also throws responsibility for prison inmates upon these localities, it may swamp them. Not only that, but the state and these localities will face the public unwillingness to host inmates since these localities have been trained for years to criminalize offenders.

The chickens are coming home to roost for IL. On the one hand the state is running out of money as the prison population continues to climb; on the other hand, electoral rhetoric and “Get tough on Crime” politics have created a public atmosphere which is unreceptive to the degree of mindset change required to effectively deal with prison overcrowding in time to avoid embarrassing lawsuits and costly effects.

__________________________________________________________________________

AP Exclusive: Lawmakers seek prison crowding fix

FILE – In this April 2004 file photo, eighty-six inmates share a dormitory at the minimum-security Vandalia Prison in Vandalia, Ill. With Illinois’ prison population continuing to rise and Gov. Pat Quinn refusing to reinstate a program that gave well-behaved prisoners early release, lawmakers from both parties are pushing plans this spring to find alternatives to incarceration or other ideas to reduce the state’s packed lockups. (AP Photo/Seth Perlman,File) — AP
By JOHN O’CONNOR, AP Political Writer
3:23 p.m., Jan. 20, 2012

SPRINGFIELD, Ill. — Lawmakers from both parties are seeking ways to reduce Illinois’ growing prison population, and one has introduced legislation to restart a contentious program that let well-behaved prisoners out early.

Gov. Pat Quinn shut down the 30-year-old early release program after The Associated Press reported in 2009 that prison officials had implemented an unpublicized, accelerated version that was springing criminals in as little as eight days.

He has shown no interest in reviving it, but least one legislator is looking at it again as the prison population has grown by 3,000 inmates in two years. Meanwhile, a group of lawmakers is meeting with Quinn to find solutions more palatable to the governor and the public.

Conditions inside state prisons are “wretched,” according to John Maki, executive director of the prison watchdog group John Howard Association. Monitoring visits to Illinois lockups in the past year have revealed inmates housed in gymnasiums, standing water in living quarters and rodent problems.

Illinois is not alone in trying to address prison crowding. An August report by the American Civil Liberties Union identified six states that have adopted laws in the past five years to decrease prison populations, with four more working on the issues. One of the more popular tacks among reform states is to expand good-conduct credit, including in Kentucky and Ohio just last year.

Prison advocates nationwide generally support early release as one solution to overcrowding, and Rep. Art Turner, D-Chicago, has introduced legislation that would restore Illinois’ accelerated early-release program. But the governor previously has said he won’t go along with that, even with new controls imposed by lawmakers, after problems with the program nearly cost him reelection in 2010.

Instead, Quinn’s staff has been working with a group of legislators who plan to pick up the pace when the General Assembly resumes its work later this month. Some told the AP they hope to have a solution by the end of the spring session.

The group includes Rep. Dennis Reboletti, a law-and-order legislator who speaks of being “smart on crime” and advocates alternative sentencing, such as treatment for first- or second-time substance abusers.

“Put them into community-based programs with ankle bracelets, into treatment centers or halfway houses where they can get job counseling or programming to put them back into a productive life,” the Elmhurst Republican said.

As of November, there were 48,620 people incarcerated in Illinois, 144 percent more than the 33,700 for which space was designed, according to the Corrections Department. But department officials now play down those numbers, saying “operational capacity” is about 51,200. That’s after the agency began counting how many people a facility can actually hold, along with what it was designed to house.

For decades in Illinois, the director of the Corrections Department had the discretion to cut sentences with “meritorious good time,” or MGT, by up to six months for an inmate who displayed good behavior behind bars.

But Quinn abandoned the practice in December 2009 after the AP reported that the agency secretly dropped an informal requirement that all incoming inmates serve 60 days behind bars before getting good-time credit in a plan dubbed “MGT Push.” More than 1,700 inmates were released under that program, and some went on to commit more crimes.

SPRINGFIELD, Ill. — Derrick King, for example, was sentenced to three years in prison for a brutal attack on a woman in 2008. He served about a year in county jail and 14 days in state prison before he was released in October 2009 under MGT Push and then arrested the next day on suspicion of assault and sent back to prison.

Lawmakers later put the 60-day minimum sentence requirement into law. An independent review of the accelerated early-release program determined the Quinn administration had failed to consider dangers to public safety in trying to save money and recommended it be reinstated with reforms.

Quinn has not said why his administration will not reinstate the program, although he said in October 2010 he was focusing on “alternative sentencing approaches.” Spokeswoman Brooke Anderson confirmed he’s working with the legislative group to “manage population numbers while continuing to incarcerate – for safety, rehabilitation, and punishment.”

Along with Reboletti, the panel meeting with Quinn’s staff about a solution includes Sen. Kirk Dillard, R-Hinsdale and Sen. Michael Noland, D-Elgin. Each says he’s open to options that keep the public safe but reduce the inmate population to make prisons safer and spare the state budget. The House Democrats’ representative is parliamentarian David Ellis, the governor’s office said.

Dillard, a candidate for governor in 2010 and potentially again in 2014, said early release is not popular, given the shock of MGT Push.

“My constituents want people locked up,” he said. “They’re tired of people who still should be locked up in the penitentiary (out) committing crimes.”

Nonetheless, he’s open to ideas such as Reboletti’s.

Turner’s bill would reverse the new 60-day minimum prison sentence requirement and give the Corrections director discretion to release anyone who has served 60 days behind any bars, including in county jails. Turner did not return repeated calls and an email seeking comment.

Regardless of the method, something has to happen soon, Maki said.

At Vandalia prison in June, John Howard visitors found dirty, stagnant water pooling on the floor of inmates’ living areas. One dormitory, Building 19, at Vienna prison in September had rodent droppings and inmates complained of mice and cockroaches. Windows on two floors were broken and birds had built nests inside.

“When you put nonviolent offenders in deplorable conditions you’re not going to make this person better,” said Maki, whose report blames Quinn and lawmakers who have cut corrections budgets. “Prisons are not typically uplifting places, but Building 19 was one of the most depressing things I’ve ever seen.”

Illinois governor to close 2 state institutions

Governor Quinn Announces Active Community Care Transition Plan
Rebalancing Plan Will Increase Community Care Options for People with Developmental Disabilities and Mental Health Conditions

Posted in Early Release, FOIA-Freedom of Information Act, IDOC, IL in Fiscal Ruins, Local Issues, Meritorious Good Time, Uncategorized | Tagged: , , , | 1 Comment »

And here is a whole program that Cook County and law enforcement wasted or abused?

Posted by chickenwinging on January 16, 2012

Talk about white-collar crime! Local governments get enough Homeland Security money, they apparently don’t worry too much about having to account for it:

Project Shield program misused?

January 9, 2012

“…When you waste Homeland Security money, you are less safe … This put our citizens at risk,” U.S. Rep. Mike Quigley, D-5th District, said.
Quigley and U.S. Sen. Mark Kirk, R-Ill., asked the Federal Bureau of Investigation on Tuesday to launch a criminal probe into how contractors made decisions and how Cook County spent grant money for Project Shield.
“We may have more than just a problem of lackadaisical management. This program may have been looted by Cook County officials and the primary and secondary contractors involved,” Kirk said.
Kirk pointed to 168 changes made to contracts during the project’s first four years. The changes all increased the cost of the project — one change alone increased the cost by $413,555 — but there was no documentation of what specifically the extra cost went toward, according to the report.
“Money was paid to contractors and subcontractors for additional or different work and yet we have no idea what they did or how it was accounted for,” Kirk said…”

 

Posted in IL in Fiscal Ruins | Tagged: , , | Leave a Comment »

Who says inmates aren’t worth listening to?

Posted by tennesseetree on January 15, 2012

The problems in IL prisons are prompting a number of inmates to submit “letters to the editor” in order to let the public know what the situation is inside the Illinois Department of Corrections and to suggest ways for the State of IL to solve a few problems. We ran across two inmate letters written from inmates serving time at the Logan Correctional Center (which Governor Pat Quinn proposed closing) which we found noteworthy:

Jason Alan Spyres, at the Logan Correctional Center had this to say in the Chicago Sun-Times:

Illinois is broke and has proposed 1900-plus layoffs, claiming we have no other choice. Of those layoffs, 356 involve the Logan Correctional Center — a prison I’m in, serving a 30-year sentence for cannabis convictions.

In no way do I approve of my prior mistakes; however, being in prison doesn’t strip me of the ability to see specific policy changes we could make that would reduce the budgetary needs of the Department of Corrections — and lower future crime rates. Changes that wouldn’t involve state layoffs, or controversial inmate release programs.

Example: The Earned Good Conduct Credit is good time offenders can earn by participating in drug treatment, or earning their GED — two activities that are statistically tied to significantly lower recidivism rates. However, IDOC excludes anyone convicted of a Class X felony from EGC eligibility.

So, what is the Class X conviction? It was introduced in 1978 for the most serious, heinous and violent crimes, such as murder, aggravated kidnapping and child molestation/rape. But flash forward to 2011, and selling cannabis can earn you a Class X. First offense, with no guns and no violence. You still couldn’t earn the same good time carjackers, burglars, and murderers do. Yes, I said murderers. In Illinois, second-degree murder is not Class X and is eligible for the same good time we deny to thousands of nonviolent offenders.

When IDOC admits 89 percent of those who parole without a GED will return to prison in three years, why wouldn’t we incentivise all offenders to make positive choices — especially nonviolent ones?

Critics might argue this idea would result in some earning their GED only for the good-time. And they’re right, but would that be such a horrible thing? They would still have to demonstrate improved reading and writing abilities, and statistically, their recidivism rates would drop nearly in half.

For every 3.5 offenders added to the EGC program we’d save as much in current expenditures as a layoff. So, 1,900-plus layoffs, or more nonviolent offenders earning the same good-time we already give to second-degree murderers? Please, call your state legislators and tell them which you prefer.

Jason Alan Spyres,

Logan

and, Grant Larson, wrote to the following to the Decatur Tribune:

POLITICIANS ARE SELLING OUT PRISON INDUSTRIES

Dear Editor:

In 2009, Representative Bill Mitchell (R) Forsyth, proposed that inmates sleep in tents and work road crews. Bill’s ideas seem humorous. In my opinion, Bill and other politicians have been selling out the prison industries since the 1960’s.

The soy “magic” meal that was intended to feed those in a disaster is being force fed to us. The health issues are endless. The lucrative soy contract, no doubt, benefitted a politician. In fact, beef can be purchased cheaper than soy. Mary Ann Bohlen, assistant deputy director of fiscal accounting compliance for IDOC was put on paid administrative leave pending an investigation by state police. We can only wonder what the results of that investigation will cost.

If we show initiative or a willingness to work, the motive is questioned. With no good conduct incentive, no work ethic is being promoted. Drug treatment and vocational programs should be a priority. There are a lot of wasted acres within IDOC. They no longer raise any livestock or produce that could be used to feed inmates and lessen the cost to taxpayers. Every Illinois prisoner has a release date. Drug treatment and work release with restitution should be mandatory for drug related crimes. Work release needs to be required for reentry to society.

Road crews and tent living would put spoiled AFSCME officers on foot patrol and horseback. They would want more than a 2% raise. Some watchdog group would protect the inmates from work too. Who is robbing who?

Grant Larson,

Inmate at Logan Correctional Center

Lincoln

Posted in IDOC, IL in Fiscal Ruins, Meritorious Good Time | Tagged: , , | Leave a Comment »

Jim Webb: Someone worth following…

Posted by lactoselazy on January 15, 2012

Official photo

Prison spending is the fastest growing budget item for state’s behind Medicaid spending. Here is one man in Congress determined to change this…

Jim Webb’s Criminal-Justice Crusade

“…There are two types of people in America: those, like Webb, who think the criminal-justice system desperately needs to be fixed, and those who haven’t been paying attention. In 1980, fewer than 500,000 Americans were in prison; today, the number is 2.3 million. To put that statistic in perspective, the median incarceration rate among all countries is 125 prisoners for every 100,000 people. In England, it’s 153; Germany, 89; Japan, a mere 63. In America, it’s 743, by far the highest in the world. Include all the U.S. residents currently on probation or parole, and our country’s correctional population soars to about 7.2 million—roughly one in every 31 Americans. All told, the U.S. incarcerates nearly 25 percent of the world’s prisoners, even though it’s home to only 5 percent of the world’s inhabitants…”

Posted in IL in Fiscal Ruins, The Causes of Wrongful Convictions | Tagged: , , , , | Leave a Comment »

When will MODERN TECHNOLOGY hit the IL state court system?

Posted by tennesseetree on November 30, 2011

In this age of computers and digital recording devices, it is a public rip-off and massive inefficiency that transcripts of state court proceedings can only be obtained by paying outrageous prices to court reporters to transcript into pages of type courtroom events which could easily be recorded and made available to the public by other means. Considering how much is being litigated and how many more people are being charged, this pilot program is long overdue and should just be implemented across the board in Illinois state courts, not just in it’s federal district courts. It cannot be that difficult for judges to determine what testimony and evidence should be accessible in each case!

Camera experiments to start soon in 14 federal courts

Posted in IL in Fiscal Ruins, Local Issues | Leave a Comment »

As Expected: IL State Facility Shut-downs Averted!!!

Posted by tennesseetree on November 30, 2011

Well, the IL General Assembly Fall Veto Session is finally over! IL legislators tonight completed Governor Pat Quinn’s job and by reallocating the money in the IL current state budget they worked out a deal to avoid Quinn’s threatened shut-down for seven state facilities and the proposed lay-offs of over 1900 state employees. They also reinstated some funding for mental health and even came up with funds to pay for indigent burials!

Legislators also, fortunately, left Springfield without approving the unwarranted tax breaks for Sears and the Chicago Merchantile Exchange. Too bad that state legislators felt that they had to devote most of this one last day to considering whether or not to give these corporations the tax breaks they are demanding in return for remaining in IL. In the end only 8 legislators voted in favor of tax breaks, so we will see if Sears and CME flee the state or not.

Now, legislators are far from having addressed the serious fiscal problems which the state faces. Averting state closures now is still a temporary fix. Funding will only cover the state budget thru June 2011. We can certainly anticipate a lot more discussion about the state having to close facilities and cut additional staff in 2012. We just hope that Governor Pat Quinn doesn’t again create more chaos and waste everyone’s time and more state money by coming up with another hasty list of “must-do” state closures:

Written by Koehler Staff Tuesday, 29 November 2011 19:31, from IL Senator Koehler’s website:

Springfield – Late Tuesday evening, the General Assembly took action to partially restore human services funding, avert state facility closings, and prevent mass layoffs. They achieved these goals by reprioritizing state spending—not spending additional taxpayer dollars.

“This action is good news for people throughout the state of Illinois, particularly for the families of the mentally ill and developmentally disabled,” said State Senator Dave Koehler (D-Peoria). “During the holiday season, no one wants to worry about finding care for a loved one or the possibility of getting laid off.”

After Governor Quinn approved the General Assembly’s budget last summer, he claimed that he did not have adequate funding to keep all of the state’s mental health and developmental disability centers open. He threatened to close seven state-run buildings throughout the state. This legislation, Senate Bill 2412, allows the facilities to remain operational for the rest of the fiscal year.

It also partially restores funding for mental health grants that go to local mental health centers, alcoholism and substance abuse programs, burial services for the homeless and very poor, homelessness prevention programs, and need-based financial aid for college students.

To pay for these restorations, the General Assembly sustained many of the governor’s budget-related vetoes, shifted money from other state funds, and reduced a number of lower-priority grants.

“I think this budget more closely reflects our state’s priorities,” Koehler said. “It helps protect the people who are least able to protect themselves. And, while I will admit that we may need to explore facility closures in the future, we need to make sure we plan ahead and transfer mental health patients and developmentally disabled people into safe situations. Closing their facilities without a plan in place could result in unreasonable hardship for these people and their families.”

“I think this is the way budgeting should work,” Koehler added. “We set our priorities, re-examined the budget, and then lowered spending in some areas to allow us to pay more in others.”

7 state facilities getting short-term reprieves

Quinn, legislators work out deal to keep Tinley Park Mental Health Center, 6 other sites open through June

(Chicago Tribune article)

Posted in IDOC, IL in Fiscal Ruins, Uncategorized | Tagged: , , , , , , , , | Leave a Comment »

IL Budget News: STATE FACILITY CLOSURES & LAYOFFS May Be Avoided!

Posted by lactoselazy on November 9, 2011

New plan forms to keep state facilities open, for now

November 10, 2011

Illinois lawmakers reject Quinn’s closure plans

The formal IL Fall Veto Session has ended. There will be another session extension on November 29, 2011, for consideration of other major issues still outstanding, but Quinn and legislators appear to be avoiding closing the 7 state facilities. This is good news to many: Quinn is starting to be more flexible and realistic. Critics and advocates have pointed out too many flaws in the Quinn administration’s plans to close the state facilities and layoff 1900 employees. Quinn’s original plans were drawn up as just a tactic to try and pressure the legislature into approving a supplemental appropriation for the budget. The plan provisions for closure and relocating individuals served by these facilities were just too hasty without much consideration about their implementation. Quinn’s new plan may still be bad, but at least there will be time for more review and changes. It seems that it will take until January to work the details of funding out, but, if approved, these seven facilities will at least be funded thru the end of June 2012.

Some of these facilities (or others) may still end up on the chopping block because there is the widespread recognition that the state cannot afford to keep all facilities open and that it will, at some point, have to consolidate or eliminate some services. Quinn’s new position will still need legislative approval and consensus, but will allow time in the next few years for careful planning to minimize danger to state clients.

New budget plan may avert closures, layoffs

BY KURT ERICKSON, The Southern Springfield Bureau | Posted: Wednesday, November 9, 2011 1:00 pm | from thesouthern.com

SPRINGFIELD – Gov. Pat Quinn has floated a retooled budget plan that could avert more than 1,900 layoffs and the closure of seven state facilities.

As part of an 11th-hour budget agreement being brokered with lawmakers, Quinn instead would agree to close four state developmental centers and two mental health facilities within the next 2 ½ years.

It remained unclear Wednesday whether a deal could be approved before the end of the fall veto session Thursday.

Under the governor’s new proposal, the Department of Human Services would reduce the number of residents served by state-operated developmental centers by at least 600. That would allow the agency to close up to four of the state’s eight developmental centers by the summer of 2014.

An outline of the proposal did not identify which facilities, including centers in Anna, Dwight, Dixon and Centralia, may be on the future chopping block.

The new plan also calls for the closure of two unidentified state psychiatric hospitals by mid-2014.

The proposal would at least temporarily end Quinn’s threat to close Logan Correctional Center and the youth prison in Murphysboro.

For state Rep. Mike Bost, R-Murphysboro, the potential deal could be a double-edged sword. Although the Murphysboro youth center could be spared, it could put the Choate Developmental Center in Anna in the cross-hairs for future closure.

“It’s frustrating. This has been the way Quinn works. He tests the wind and then changes his mind. We need a leader,” Bost said.

The revamped closure plan doesn’t specifically address other cuts made by Quinn in reaction to the budget he was handed by lawmakers in May.

Regional school superintendents, for example, were still pushing for legislation Wednesday allowing them to get paid for the first time since July.

Funds to reimburse hospitals and school districts for various costs also remained in limbo with one day left before lawmakers leave town for the year.

It appeared Quinn’s decision to cut money for school transportation costs may stand, leaving local districts scrambling to pay for busing.

“There’s not a lot of support for education in the negotiating room,” said state Rep. Will Davis, D-Chicago.

The new plan was being circulated a day before a legislative panel is scheduled to meet to vote on Quinn’s recommendation to close Logan Correctional Center in Lincoln, Jacksonville Development Center and the Tinley Park Mental Health Center.

The Commission on Government Forecasting and Accountability last month voted to reject Quinn’s plan to close mental health centers in Chester and Rockford, a developmental center in Dixon and the juvenile lock-up in Murphysboro.

Although the commission’s recommendation is non-binding, the governor has never gone against the commission’s recommendations.

(Kurt Erickson can be reached at kurt.erickson@lee.net or 217-782-4043)

Read more: http://thesouthern.com/news/local/govt-and-politics/article_5b0f77e4-0b05-11e1-afda-001cc4c03286.html#ixzz1dEzywVzr

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Illinois State Legislators Throwing Extra Money Away?

Posted by freerichardwanke on November 9, 2011

Surprise, surprise, a primary election is on the horizon this Spring for IL state legislators.  Consequently, legislators are considering using money which they could use to stop closures of state facilities and prevent worker layoffs to instead hand out juicy tax breaks to business which is now trying to bully them.

Once ignored, Ill. tax change now center stage

“…When advocates for the needy and vulnerable wanted to stave off budget cuts earlier this year, they fought for a change in tax laws that would save Illinois hundreds of millions of dollars. Six months later, state leaders are giving the idea serious consideration – as a way to pay for corporate tax breaks.

The change, known in Springfield shorthand as “decoupling,” is part of a proposal to provide financial relief to keep Chicago financial exchanges and Sears from leaving the state. The roughly $500 million package, which Gov. Pat Quinn and legislative leaders were negotiating Tuesday, also would offer smaller forms of tax relief to businesses across Illinois and to the working poor…”

 

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First day of the end of IL Legislative Veto Session

Posted by parchangelo on November 9, 2011

IL legislators have begun tackling several major issues in this first day of the end of the regular fall veto session. They have such a long list to get through that some legislators are already discussion an extension of this veto session later this month. Whether that will happen depends on how much momentum they get out of the next couple of days. House legislators were able to pass a watered down gambling bill which addresses some of Governor Quinn’s expressed concerns on gambling but still leaves in slots at racetracks. Quinn has said he would veto anything with racetrack slots, but he has irritated lawmakers to such an extent that the legislature is attempting to pass a gambling bill that will have enough supermajority votes to override a veto from Quinn. More work remains to be done on the bill before setting it up for voting. Legislators are also attempting to pass their pension reform bill, but that faces a much more uncertain passage during this session since recent analysis of the bill indicates from several sources that instead of curbing future state pension obligations, the proposed manner in which the legislature is approaching reform will likely result in either higher costs to the state or far less savings than plan advocates intend. See article below:

Illinois House committee OKs major pension overhaul

The only other issues considered by legislators far are huge tax breaks (which we can’t afford) for the profitable CME Group Inc. and CBOE Holdings Inc. based in Chicago exchanges; increasing the number of speeding camera; and fixing financing for the Leucadia Chicago Clean Energy project.  The General Assembly has adjourned to today, so we will see if anything useful happens tomorrow. AGAIN, WHAT WILL DEFINITELY NOT HAPPEN THIS SESSION is anything respecting the reinstatement of Meritorious Good Time (MGT) credits or any state prison early release program. At this moment, what is more urgent is that the legislature do something to reallocate budget monies enough to forestall Governor Pat Quinn’s threats to close down 7 state facilities at the end of December 2011, and layoff 2000 plus staff.  Today, mental health advocates are pressuring legislators to reinstate threatened funding for programs.  They also presented 8,000 petition signatures against closure of the Chester Mental Health Center, one of the 7 state facilities Quinn has targeted.

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If IL does not do this now, then when will it do so?

Posted by smallmouth63 on November 7, 2011

Illinois is one of the states with the most convictions being overturned because individuals are found to be wrongfully convicted. With IL prisons filled to the max and state prosecutors still pushing to incarcerate even low-level offenders, there are no protections in place to ensure that individuals are not wrongfully convicted. There are only a few innocence projects in IL and one of them is even the target of state prosecutors. Even though Governor Pat Quinn abolished the death penalty in IL, more has to be done to curb the abuse of authority in criminal prosecutions and the problems which have recently appeared in the state prison system. IL needs to establish a special commission, such as North Carolina has done in order to review individual cases for wrongful convictions.

_________________________________________

Hands in Chains, by Worradmu

Five teenagers were wrongfully convicted of the 1991 rape and murder of a teenage girl, Cateresa Matthews. Robert Taylor, James Harden and Jonathan Barr are now the last three individuals set free this week after DNA evidence showed that none of the five teenagers were, in fact, guilt despite each of their convictions. It took 20 years and the combined efforts of three of the nation’s innocence projects: the Center on Wrongful Convictions of Youth, the New York Innocence Project and the University of Chicago Exoneration Project, to finally clear and free the men. The projects persevered in locating the DNA evidence despite being told repeatedly during a year-and-a-half that it did not exist. DNA testing cleared the five of involvement and instead implicates another man whom authorities now regard as a suspect.

James Harden Freed After Nearly 20 Years In Prison For Murder He Did Not Commit 

Northwestern’s Center on Wrongful Convictions helps exonerate three men

Wrongly jailed Harvey man released after almost 20 years

Harden and Barr are brothers whose parents died during their imprisonment; their mother died while on the way to see them. “…”It’s an absolutely horrible thing that the state of Illinois has done to these children,” (Rob) Warden (Center on Wrongful Convictions) said. “The police coerced false confessions from three of these five kids. We think the police should not be able to lie to you about the strength (of their evidence). That practice ought to be banned…”

Friday, Chicago Tribune columnist Eric Zorn, felt compelled to point out that even when someone has been proven, by science, to be innocent, the state too often refuses to admit that it made a costly mistake and is unwilling to do what is required to avoid the same error in the future. In his column below, he cites the comment by Anita Alvarez, who has been controversial in her own prosecutions:

                            The most perplexing and troubling thing about this case for me is that I don’t think we know exactly what                                happened here. It’s convoluted and confusing. I don’t believe we can say for sure that they’re innocent…. Cook County State’s Attorney Anita Alvarez, interviewed Thursday after her office asked a judge to vacate the murder convictions of five men.

Alvarez does right, but gets it wrong

The article below appears in the July 2011, issue of reason.com, and tells the story of Paul House, cleared only because the US Supreme Court stepped in with the rare ruling that he should have a new trial, and then DNA testing showed incriminating evidence did not belong to him, but to the husband of the victim who had not even been tested at the time of the crime. As the article notes, if prosecutors and states were open to testing DNA evidence in all convictions, the numbers of those found to be wrongly accused might increase tremendously:

Wrongful Convictions

How many innocent Americans are behind bars?

“…It’s notable that one of the few places in America where a district attorney has specifically dedicated staff and resources to seeking out bad convictions—Dallas County, Texas—has produced more exonerations than all but a handful of states. That’s partly because Dallas County District Attorney Craig Watkins is more interested in reopening old cases than his counterparts elsewhere, and partly because of a historical quirk: Since the early 1980s the county has been sending biological crime scene evidence to a private crime lab for testing, and that lab has kept the evidence well preserved. Few states require such evidence be preserved once a defendant has exhausted his appeals, and in some jurisdictions the evidence is routinely destroyed at that point.

“I don’t think there was anything unique about the way Dallas was prosecuting crimes,” Watkins told me in 2008. “It’s unfortunate that other places didn’t preserve evidence too. We’re just in a unique position where I can look at a case, test DNA evidence from that period, and say without a doubt that a person is innocent.…But that doesn’t mean other places don’t have the same problems Dallas had.”

If the rest of the country has an actual (but undetected) wrongful conviction rate as high as Dallas County’s, the number of innocents in prison for felony crimes could be in the tens of thousands..”

Reason.com points out the main causes of wrongful convictions, including:

“…Bad forensic evidence. DNA technology was developed by scientists, and it has been thoroughly peer-reviewed by other scientists. Most of the forensic science used in the courtroom, on the other hand, was either invented in police stations and crime labs or has been refined and revised there to fight crime and obtain convictions. Most forensic evidence isn’t peer-reviewed, isn’t subject to blind testing, and is susceptible to corrupting bias, both intentional and unintentional. The most careful analysts can fall victim to cognitive bias creeping into their work, particularly when their lab falls under the auspices of a law enforcement agency. Even fingerprint analysis isn’t as sound as is commonly believed.

A congressionaly commissioned 2009 report by the National Academy of Sciences found that many other forensic specialties that are often presented in court with the gloss of science—hair and carpet fiber analysis, blood spatter analysis, shoe print identification, and especially bite mark analysis—lack the standards, peer review, and testing procedures of genuinely scientific research and analysis. Some are not supported by any scientific literature at all. Moreover, the report found, even the forensic specialties with some scientific support are often portrayed in court in ways that play down error rates and cognitive bias.

According to an Innocence Project analysis of the first 225 DNA exonerations, flawed or fraudulent forensic evidence factored into about half of the faulty convictions.

Eyewitness testimony. Social scientists have known about the inherent weakness of eyewitness testimony for decades. Yet it continues to be the leading cause of wrongful convictions in America; it was a factor in 77 percent of those first 225 cases. Simple steps, such as making sure police who administer lineups have no knowledge of the case (since they can give subtle clues to witnesses, even unintentionally) and that witnesses are told that the actual perpetrator may not be among the photos included in a lineup, can go a long way toward improving accuracy. But such reforms also make it more difficult to win convictions, so many jurisdictions, under pressure from police and prosecutor groups, have been hesitant to embrace them.

False confessions. Difficult as it may be to comprehend, people do confess to crimes they didn’t commit. It happened in about one-quarter of the first 225 DNA exonerations. Confessions are more common among suspects who are minors or are mentally handicapped, but they can happen in other contexts as well, particularly after intense or abusive police interrogations.

In a candid 2008 op-ed piece for the Los Angeles Times, D.C. Police Detective Jim Trainum detailed how he unwittingly coaxed a false confession out of a 34-year-old woman he suspected of murder. She even revealed details about the crime that could only have been known to police investigators and the killer. But Trainum later discovered that the woman couldn’t possibly have committed the crime. When he reviewed video of his interrogation, he realized that he had inadvertently provided the woman with those very specific details, which she then repeated back to him when she was ready to confess.

Trainum concluded that all police interrogations should be videotaped, a policy that would not just discourage abusive questioning but also provide an incontrovertible record of how a suspect’s confession was obtained. Here too, however, there has been pushback from some police agencies, out of fear that jurors may be turned off even by legitimate forms of questioning.

Jailhouse informants. If you were to take every jailhouse informant at his word, you’d find that a remarkably high percentage of the people accused of felonies boast about their crimes to the complete strangers they meet in jail and prison cells. (See “The Guilt Market,” page 24.) Informants are particularly valuable in federal drug cases, where helping a prosecutor obtain more convictions is often the only way to get time cut from a mandatory minimum sentence. That gives them a pretty good incentive to lie.

There is some disagreement over a prosecutor’s duty to verify the testimony he solicits from jailhouse informants. In the 2006, Church Point, Louisiana, case of Ann Colomb, for example, Brett Grayson, an assistant U.S. attorney in Louisiana, put on a parade of jailhouse informants whose claims about buying drugs from Colomb and her sons were rather improbable, especially when the sum of their testimony was considered as a whole. According to defense attorneys I spoke with, when one attorney asked him if he actually believed what his informants were telling the jury, Grayson replied that it doesn’t matter if he believes his witnesses; it only matters if the jury does. He expressed a similar sentiment in his closing argument.

After indicating that he isn’t familiar with the Colomb case and isn’t commenting on Grayson specifically, Josh Marquis says that sentiment is wrong. “A prosecutor absolutely has a duty to only put on evidence he believes is truthful,” Marquis says. “And that includes the testimony you put on from informants…”

On the heels of the acquittal of Casey Anthony, here in the USA, everyone was transfixed by the seemingly unlikely successful appeal by Amanda Knox, of her conviction in an Italian Court of the 2007 murder of Meredith Kercher. Yet, legal experts point out that while America affords criminal defendants more rights and protections before conviction than other countries; the reverse is often true after conviction, and in Italy, it perhaps is not so surprising that Amanda Knox succeeded in her appeal when one looks at the Italian appeal process. It becomes very difficult here for inmates to succeed on appeal because legal review in the USA mostly looks at only the legal and not the factual issues in cases. Even those individuals who are proven innocent through DNA testing have mostly lost at varies levels of the appeal process. State and federal courts most frequently decline review without even having to give any reason why. In Italy, the appeal process involves a brand new trial where all evidence and testimony is analyzed in the same terms as the first trial, but higher standards have to be met. And, unlike the state and US Supreme courts, the Italian Supreme Court cannot refuse to review a case. Italian defendants also have unlimited appeal rights to the Supreme Court of Cassation. That explains why the Italian Supreme Court will issue about 30,000 decisions per year in comparison to the 120 or so by the US Supreme Court. Italians can in fact appeal to the Supreme Court directly after the first trial.

How the Italian Appeal Process Works

“…Besides the broad appeal rights granted by the Italian law, an ulterior incentive to appeal is given by the fact that Italy has a very high “Reversal Rate” during the appeal process. Approximately half of all sentences rendered in the first trial are in fact reversed during the appeal process, a percentage which is 3 times higher than France for example. The ones that are not reversed often see a decrease in punishment.

No surprise therefore that Italians always appeal their sentences. And some analysts have even ventured to say that Italian appeal courts like to modify the sentences of the first trial just for the purpose of justifying their own existence. ..”

A TALE OF LIVES LOST, TAX DOLLARS WASTED AND JUSTICE DENIED

“…Wrongful convictions of men and women for violent crimes in Illinois have cost taxpayers $214 million and have imprisoned innocent people for 926 years, according to a seven-month investigation by the Better Government Association and the Center on Wrongful Convictions.

The joint investigation, which tracked exonerations from 1989 through 2010, also determined that while 85 people were wrongfully incarcerated, the actual perpetrators were on a collective crime spree that included 14 murders, 11 sexual assaults, 10 kidnappings and at least 62 other felonies…”

In January 2000, Illinois Governor George Ryan issued a moratorium on executions and appointed a commission to study capital punishment in Illinois to prevent the execution of the innocent.

The 15-member commission met for two years and then dissolved after issuing a report of 85 recommendations necessary to provide significant safeguards against further wrongful convictions in Illinois. In 2003, the Legislature enacted Senate Bill 472, which addressed some 20 of the Commission’s recommendations.  Twelve other states also established commissions to study the causes of wrongful convictions, but only one state: North Carolina has established a special commission to investigate individual cases and free individuals found to be wrongly convicted:

Judges Free Inmate on Recommendation of Special Innocence Panel

“…90 percent of criminal cases, like Mr. Taylor’s, do not involve any DNA evidence…” The North Carolina Innocence Commission is presently now two for two, in the four cases it has considered, as it also found in April 2011, that In the case of State v. Kagonyera and Wilcoxson, the defendants were also innocent and subsequently freed.

Posted in IDOC, IL in Fiscal Ruins, Prosecutorial Misconduct, Terrible Wrongs - Other Cases, The Causes of Wrongful Convictions | Leave a Comment »

 
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