In 90’s, Burris’ Sought Death Penalty for Innocent Man

[Vinca]

Source: ProPublica

Former Illinois attorney general Roland Burris, embattled Gov. Rod Blagojevich’s pick to replace Barack Obama in the Senate, is no stranger to controversy.

Public fury over the governor’s alleged misconduct has masked the once lively debate over Burris' decision to continue to prosecute – over the objections of one of his top prosecutors – the wrong man for a high-profile murder case.

While state attorney general in 1992, Burris aggressively sought the death penalty for Rolando Cruz, who twice was convicted of raping and murdering a 10-year-old girl in the Chicago suburb of Naperville. The crime took place in 1983.

But by 1992, another man had confessed to the crime, and Burris’ own deputy attorney general was pleading with Burris to drop the case, then on appeal before the Illinois Supreme Court.



Read more: http://www.propublica.org/article/in-90s-burris-sought-death-penalty-for-innocent-man-1231

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I was on the fence about this guy. Not any more.

[stillcool]

1. If he could sell this guy's life..

for political aspirations, what else can he sell?

[Eric J in MN]

2. We should have election to fill Senate vacancies.

Alaska changed its law for that, and so should the other 49 states.

[madrchsod]

6. the democratic party in illinois does`t want an special election

[Eric J in MN]

21. Why not? NT

NT

[karynnj]

23. A Republican could win - in the midst of the corruption scandal

[IsItJustMe]

34. 50 million dollars to start with.

[karynnj]

22. Alaska appoints the replacement - then the replacement runs in the next election

MA did change it law, to go immediately to a special election. This was political in 2004- the Democrats controlled both houses by huge (more than 2/3) margins and Romney was Governor. Their hope was that their junior Senator would win the Presidency and they didn't want Romney to pick the Senator.

[John Kerry VonErich]

38. Not a lot of people like run offs either

Double edged sword issue. Remember Ga.?

[Gregorian]

3. Is there Senate confirmation, or is this appointment final?

I don't see where anyone has mentioned this.

I can't imagine it would happen without confirmation.

[madrchsod]

5. the senate won`t confirm any pick by blago.

the sec of state of illinois has to sign off on the pick. the senate may have to seat a blago pick because of past supreme court ruling

the dems do not want a special election here because they are afraid the republicans may take the seat. the folks here in illinois are pissed off at the democratic party.

yup it`s fucked up

[TreasonousBastard]

8. In Illinois, the Secreatry of State has to sign off on the...

appointment.

Then, if the appointment is legal in Illinois, the full Senate decides whether to seat him or not. They rarely refuse to seat someone, but this time they are up in arms-- seems the general fear amongst Deomocrats is that he's vulnerable to a challenge next election, and they would prefer someone more permanent. Fundraising comes into play, too, of course, and it's not known how much money he can raise.

(The Senate can, if they so choose, even refuse a seat to someone properly elected. I'm not sure if this has ever happened.)

[AZ Criminal JD]

9. The Illinois Secretary of State's act is just paperwork

If he refuses to do it a court will order him to do it. The Senate can only refuse to seat if the person does not meet age or residency requirements. The US Supreme court has already decided this.

[TreasonousBastard]

19. When was that?

[orleans]

24. i heard jesse white (the secretary of state for illinois) talking on the

radio the other day. he said he stands by his original statement that he will NOT sign off on whoever blago appoints to senate. he also said his signing is not required and that burris can be seated in the senate regardless of whether or not he signs off on it.

[AZ Criminal JD]

31. 1969. Powell v. McCormack

[madrchsod]

4. do`t worry he`s not going to be the senator from illinois

no one is until blago decides to resign. so do`t look for the senate seat from my great state to be filled anytime soon...

[GinaMaria]

25. We need representation.

We are being cheated. Can't they all sit down and decide on a candidate together. Rod can then name someone that everyone will sign off on and we can be ready to go when the new term starts.

[darkism]

30. As an Illinoisan, I say better an empty seat than a tainted one. n/t

[sasquatch]

7. The corrupt begat the corrupt

[AZ Criminal JD]

10. I was in Illinois at the time and followed the case

Cruz lived in the same building as the person who did the crime and revealed details to the police that hadn't been released to the public. Cruz claimed he had a "dream" about it. Cruz may not raped the girl but he had to have been at the scene.

[iconicgnom]

16. "he had to have been at the scene" -- or have heard rumors.

A very unsatisfactory case, to be sure.
Too bad that the US is one of the last of the so-called "civilized" countries to have the death penalty, and too bad it employs it so often, and so grotesquely, and disproportionately, with Governers playing some "last second pardon" game for their jollies. It makes good theatre, but puts a wrench in the works of real justice.

[AZ Criminal JD]

18. I'm not saying he should have been given death

But these weren't "rumors". He gave police details of the crime scene and the girl's body only someone who was there would know. Two juries convicted him and a third would have except the case got so old witnesses began to vanish.

[WriteDown]

26. Psychic phenomena?

Weirder things have happened. Its interesting that he saw these things in a dream and then went to police with his concerns.

[AZ Criminal JD]

27. I don't believe it was a "dream".

I believe it was a guilty conscious that one has when they help an acquaintance rape and murder an eleven year old.

[WriteDown]

28. You can believe whatever you want...

but the facts are that they had the confessed killer and it wasn't this guy.

[AZ Criminal JD]

32. It wasn't Cruz's sperm in the girl

That is the only think that was proved. It doesn't mean he wasn't there assisting.

[Realityhack]

33. First you would need to demonstrate that such a thing has ever existed.

A very high bar to meet.
It is much more likely that he had the details form some other source like being there or hearing about it from someone who was.

[xynthee]

11. That's all I need to know.

We already have enough let's-prove-I'm-not-"soft on crime"-by-executing-an-innocent-man assholes!!! FUCK this guy!!!!

[New Dawn]

12. Thanks for posting this.

[customerserviceguy]

13. Tell me where in this story

that he wasn't doing his job. Prosecutors get dealt with the cases the police bring them, if there's bad police work, then there's a bad case, but sometimes a prosecutor has to go with it. Same with this case, Burris was the state's Attorney General, and his job is to represent the state's interests. It's not his fault that Illinois had a death penalty at the time.

If you read further in the story, DNA evidence did not clear this man until three years after Burris' involvement. The law is not an absolute way to find out precisely what did or didn't happen, it just applies uniform rules to situations. Fortunately, science marches on, and provides the law with better tools to formulate better rules.

If the most Burris' opposition has is that this man tried to do the job Illinois voters elected him to do fifteen years ago, then they haven't got enough to stop him from being seated in the US Senate.

[sendero]

17. Did you READ.....

... the article? Others RESIGNED rather than go through with this, and you want to EXCUSE this ASSHOLE? Fuck you.

[customerserviceguy]

20. I'm just telling you the way this is going to play out in the media

if the Cruz story ever even comes out. The headline at the top of this thread is misleading, at the time Burris was seeking execution for Cruz, he was not proved to be an innocent man. Just because some people under Burris disagreed with him will be immaterial.

Oh, and thanks for the civility. I know a lot of people here detest the death penalty with every ounce of their being, but in the nation as a whole, the pendulum really does swing the other way. On the national stage, where Burris can construct a case that he was just trying to carry out the will of the people regarding rape and murder of a child, and that the mistakes and reversed testimony weren't revealed until the THIRD trial of Cruz. Burris' actions as attorney general to carry out the sentence were after TWO trials where Cruz was found guilty.

Burris and his supporters can indeed acknowledge that there were good reasons for Gov. Ryan to suspend executions in Illinois, but they were not completely evident until many years after Burris argued for the penalty that Illinois government lawfully sanctioned at the time. Cops lie and prosecutors overreach, but the actions of the bad apples does not lead the public to damn the entire criminal justice system.

[McCamy Taylor]

14. This is the best the GOP can come up with? No special election.

[Pastiche423]

15. It makes sense now why Blago wanted him

[Cha]

29. He sounds stubborn when

he wants something to advance HIMSELF.

[Critters2]

35. The real fault for the Rolando Cruz case lies with the State's Attorneys

for DuPage County. Jim Ryan used this case to further his political career, and the thing was badly handled from day one. But more of that responsibility lies with the State's Attorney (what many states call a "District Attorney") than with Burris. He was trying to support the prosecutors, which is generally what an Attorney General will do. The facts of this case were blurred by a number of factors, and two juries convicted Cruz. That Burris tried to support those juries and the prosecutors does not make him evil. It makes him a lawyer.

[IsItJustMe]

36. I have heard a lot of Republicans repeating this same bull shit. Over and over again.

[No Elephants]

37. Assuming the headline of this thread is true, it is not a Constitutional reason to deny

the man his Senate seat. The Constitution gives the Senate limited reason to deny the seat. Making an error when a prosecutor is not one of those reasons.

The constitution leaves filling vacancies to the states. The state of Illinois left it to Blago. The legislature of Illinois did not act fast enough. Too bad for us, but we cannot throw the Constitution and the laws of Illinois under the bus simply bc we don't think Burris can win if he runs next time.