Capital case costs add up
GALESBURG – Although Illinois has a moratorium on executions, prosecutors statewide still seek the death penalty – at a high cost to taxpayers.
No state or national figures are available for the cost of a capital case, but the Death Penalty Information Center estimates an average death penalty case costs about $1 million more than a non-death penalty trial.
The DPIC further contends capital cases cost between $1.5 million and $10 million.
The true cost is even more difficult to estimate when factoring in not only salaried state’s attorneys and their office staff, but also state and local police, crime labs and other court and law enforcement bodies. Work on capital cases is part of their regular job duties, so quantifying how much time they spend on each case is nearly impossible.
In addition to the expense, capital cases consume manpower resources. One official directly involved in the Nicholas Sheley case estimated nearly a third of his work week is devoted to working on Sheley’s case.
Prosecutors, for example, must investigate and prepare aggravating evidence for presentation in the sentencing phase of the trial, respond to mitigating evidence, litigate many more motions, and spend significantly more time in court than they would in a non-death penalty case.
Illinois Capital Litigation Fund
To offset the high costs of death penalty cases, many courts rely on the taxpayer-funded Illinois Capital Litigation Fund, established in 1999 to ensure defendants in death penalty cases have access to competent counsel and the ability to mount a credible defense.
The fund reimburses prosecutors and defense attorneys and provides money for investigation assistance, testimony of expert witnesses, forensic and DNA testing, mitigation specialists and other trial-related necessities.
The amount of money in the fund differs from year to year and is broken down into two pools – one for Cook County funds and one for all other Illinois counties.
In 2007, Cook’s share was the largest, at $6.7 million. Funds for the 101 other counties totaled $4.5 million.
Funds were further divided into three appropriations: court-appointed counsel ($3 million); public defender ($500,000); and state’s attorneys ($1 million). Figures were not available for 2009.
Capital case in Knox County
Prosecutors in Knox County were the first to file charges against Sheley, the 30-year-old Sterling man accused of a two-state killing spree that left eight people dead, so Sheley will be tried there first for the murder of Ronald Randall.
From the time Sheley was arraigned in Knox County on murder charges – charges that were death penalty eligible – attorneys were able to submit their expenses to the fund.
According to the act that established the fund, most information regarding death penalty cases becomes public only after the trial is over. Attorney’s fees become public information once appeals have concluded.
Jeremy Karlin, a private attorney and co-counsel for Sheley, said the fund has rules and protocol that all attorneys must follow. In the beginning of the case, Karlin was required to submit a budget based on the hourly rate for the work of experts, investigators and other services he expected to use in defending Sheley. He must regularly update that budget, because it often changes.
For example, when Sheley wanted to fire his court-appointed counsel and represent himself, mental health experts were hired to determine whether he was fit to do so.
Attorneys spent 6 months preparing for hearings, motions and arguments and hired experts on that issue before Sheley decided to keep his attorneys.
With defense costs alone averaging $800,000 of reimbursable fees in a capital case, the submitted expenses are carefully scrutinized.
“I submit my statements to the trial judge,” said Karlin, who, in Sheley’s case, reports to Judge James Stewart. “He then reviews them and compares them to the submitted budget. If he finds the expenses reasonable, then they are reviewed by our chief judge.”
If the chief judge approves, the statements are sent to the treasurer’s office for another review, then reimbursement if accepted.
Karlin said the defense team also is able to use resources from the Illinois Appellate Defender’s office, such as mitigation experts, investigators and social workers. Those expenses would not be billed to the fund.
As a private attorney, Karlin submits all his fees incurred in defending Sheley to the fund. In 2008, attorney compensation was paid at a rate of up to $151.56 an hour. Public defender Jim Harrell and appellate defender John Hanlon also are Sheley’s counsel, but as salaried employees, they incur no extra cost to the state or county. The prosecution team also is salaried by the county and state, so they do not bill the fund for their hourly work.
Cost to Knox County
As of Nov. 12, Sheley had directly cost Knox County $8,851.38. Of that, $3,192.15 may be submitted for reimbursement to the fund. The county must pay the cost of all depositions, but most other expenses related to Sheley are eligible for reimbursement.
Knox County Sheriff David Clague said no overtime hours were accrued nor were any additional correctional officers hired because of Sheley’s incarceration.
Because of an imposed gag order, Clague could not speak directly about Sheley’s incarceration. But he said that additional manpower was not used and that Sheley’s 16-month stay at the Knox County jail, while longer than most inmates, was no different from any other prisoner’s.
After spending 16 months and 3 days in the Knox County jail, Sheley was transferred Nov. 6 to Stateville Correctional Center in Joliet after he was sentenced to 7 years for assaulting jailers. The IDOC is now responsible for housing, feeding and transporting Sheley, at an estimated cost of $32,963 a year.
With an anticipated start date of late summer or early fall 2010, Sheley’s trial is expected to increase costs considerably.
“It is a significantly complicated case,” Karlin said. “There are allegations of eight murders and significant mental health issues. Plus, Sheley is looking at two more trials in Illinois. He, as one person, could drain the fund.”
Karlin said the amount of money spent on death penalty cases is not proportionate to the end result.
“Death penalty cases as they stand now in Illinois are really an extraordinary expense ... an expense for a purpose that we as a state are not fully committed to,” Karlin said.
Sheley also is charged with first-degree murder in Whiteside County for five deaths: Russell Reed, Brock Branson, Kenneth Ulve, Kilynna Blake and her 2-year-old son, Dayan Blake.
