OFFICE OF THE LIEUTENANT GOVERNOR

SHEILA SIMON – LIEUTENANT GOVERNOR

January 24, 2010

The Honorable Patrick Quinn

Office of the Governor
100 W. Randolph St., Ste. 16-100
Chicago, IL 60601

Dear Governor Quinn,

As Lt. Governor of Illinois and a former prosecutor in Jackson County, I am deeply invested in
maintaining a justice system that acts swiftly and fairly to preserve the public safety of all our
state’s residents. Today our state is at a crossroads in terms of the use of capital punishment as a
deterrent to and punishment for serious crimes. The direction we take will mean the difference
between the life and death of men and women not only in Illinois, but in other states that use our
model. I commend you for giving this issue the careful study that it deserves.

I spent four years as an assistant state’s attorney in Southern Illinois, prosecuting primarily
traffic and domestic battery cases. I was careful about charging decisions, and did not bring a
case unless I was convinced of the guilt of the defendant. My colleagues in the office had a
similar focus on justice. We regularly met with defense attorneys, and when we learned new
facts that changed our opinions on a case, we amended charges where appropriate. I also recall
one bench trial where, at the close of evidence, I was still convinced of the guilt of the defendant,
but I was pleased that the judge found the defendant not guilty. The facts brought up during the
trial showed the defendant was in a position of choosing between two bad results, and I believe
the defendant chose well.

My concern is for those defendants who do not have an active, alert attorney, and for defendants
who lack the capacity to ably assist an attorney in their defense. Those cases will not reach a
point where a prosecutor is presented with all available evidence. That means the honest, ethical
prosecutor will not even consider facts that would, in another case, lead to amended charges – a
life or death issue for the defendant.

Even in the best of circumstances, our system allows for error. We try criminal cases to a
standard of “beyond a reasonable doubt.” It is a higher standard than the burden in civil cases,
but it is not “beyond all doubt.” Our system links an irrevocable punishment to a standard where
jurors could have some nagging questions about the defendant’s guilt. The results demand pause.
Since 1977, 20 people sentenced to death in Illinois have been freed because they were found
innocent or the cases against them collapsed.

214 STATE HOUSE SPRINGFIELD, ILLINOIS 62706

I am proud to have been a prosecutor. I feel I did a good job for the people of the State of Illinois
by ensuring that those who are guilty of crimes are punished. But our criminal justice system,
even when operated in the best of circumstances, is subject to flaws. As a matter of public
respect for our justice system, we cannot tolerate error in execution. As a former prosecutor and
your Lt. Governor, I urge you to end the death penalty in Illinois.

Sincerely,

Sheila Simon
Lt. Governor of Illinois

214 STATE HOUSE SPRINGFIELD, ILLINOIS 62706