Date: Wednesday, February 21, 1996 Source: Eric Zorn. Section: METRO CHICAGO Parts: 1 Copyright Chicago Tribune CUTTING SUBSIDY FOR DEATH APPEALS TO COST TIME, FUNDS The elimination of federal funding for death penalty appeals passed by pro-capital punishment forces in Congress proves just one thing: If you froth at the mouth vigorously enough, it ends up blocking your vision. Republican budget hawks in the House were behind what looked to them like a two-fer: By cutting the entire federal subsidy to the agencies that represent Death Row inmates, they could both save $20 million a year and get rid of a seeming impediment to the executions that most taxpayers love. The Illinois Capital Resource Center, for instance, represents some 105 condemned state prisoners--clients whose appeals will be compromised should the federal funding cutoff on April 1 force the CRC to close. The agency, typical of the 20 similarly threatened agencies nationwide, recruits and assists mostly volunteer attorneys and provides investigatory, legal research and other services to aid some of our least popular citizens. The ethical problem with eliminating such centers may or may not trouble death enthusiasts: If we learned one thing about the criminal justice system in the last 12 months, it was that the accused get a better shake when they are represented by energetic, talented and often expensive lawyers. O.J. Simpson is one example, but Rolando Cruz and Alex Hernandez are better ones: The cases against them for a 1983 murder were shabby, but both ended up on Death Row. It was not until a veritable who's who of top Chicago trial and appellate lawyers mounted a full-scale, pro bono investigation and legal effort on their behalf last year that the cases finally fell apart and the innocent men were freed. Similar efforts saved most of the other 57 former Death Row inmates nationwide who've been exonerated during the tortuous appeals process since capital punishment was reinstated in the 1970s, according to the Death Penalty Information Center in Washington. Good lawyering, not luck, has saved us from making nearly five dozen irremediable mistakes. Getting rid of the resource centers will inevitably add to the risk of fatal errors by widening cracks in the system. True zealots won't mind, but putting innocent people to death, morality notwithstanding, is a sure way to begin to erode now broad public support for capital punishment. The practical problem here, though, will confound the zealots: One of the major and intended results of death penalty resource centers has been to keep the appellate system functioning more smoothly than it used to. Indeed these agencies were founded in the late 1980s in response to judicial frustrations with spotty legal representation for the condemned caused by sometimes reluctant and inexperienced, but costly, court-appointed attorneys who struggled without organizational support. ------------------------ COPYRIGHT - CHICAGO TRIBUNE This excerpt was obtained from the Chicago Tribune's archives in the Newstand section of AMERICA ONLINE (aol.com). For more information about the Tribune's aol.com services, contact: TribLetter@aol.com Additional information about Chicago Tribune electronic resources can be found on page 4 of the daily Tribune.