O’Malley speaks about death penalty

By Beth Oltmanns

State Sen. Patrick O‘Malley (R-Palos Park)spoke Wednesday to an auditorium full of students at NIU’s College of Law as part of his run for Illinois governor.

O’Malley’s speech focused on ending the death penalty moratorium in Illinois. He said he is the only candidate for governor arguing this position.

“The [death penalty] moratorium is frankly nothing more that a moratorium on victim’s rights,” O’Malley said.

Gov. George Ryan placed a moratorium on the death penalty in January 2000.

In his argument against the moratorium, O’Malley said the governor acted politically, not constitutionally, in instituting the moratorium.

“What the governor does not have the power to do is ignore the law,” he said.

O’Malley explained what the Illinois General Assembly has done to help defendants in capital cases, including requiring DNA evidence to be followed, if applicable, and guaranteeing the finest representation for defendants.

He then said there have not been any serious recommendations from the attorney general or the governor’s office concerning the moratorium.

Lorraine Schmall, a professor in NIU’s College of Law, questioned O’Malley on the law dealing with DNA evidence and on his stance with the death penalty moratorium.

“I’m not sure he has any claim that the governor is acting constitutionally,” Schmall said.

She also said O’Malley is wrong about the law on DNA evidence. Judges still hold discretion in its use.

Schmall said she does applaud O’Malley’s pointing out ethical concerns with lawyers who defend and prosecute death penalty cases.

“That’s what we’re all here for, to be better lawyers,” she said.

NIU law student Laurie Wicker thought O’Malley had an interesting point in regards to whether the law is being followed with the death penalty moratorium.

Wicker said O’Malley did not answer all of the questions he was asked.

“I think he kind of evaded the issues,” she said.