Murder case brings out candidates

A grisly murder spree the past summer that left five Whiteside County residents dead has polarized the normally placid state's attorney's race, easily making it the county's most closely watched contest. Whiteside County State's Attorney Gary Spencer, 59, of Morrison, a Republican, was first appointed to the office in 1981 and has been elected to six consecutive 4-year terms. He is facing opposition for the first time in a general election since 1984. Both write-in opponents are: Amy Huffman, 33, of Sterling, a Lee County assistant state's attorney and one of Spencer's former interns, and Elwin Neal, 61, of Rock Falls, a Whiteside County assistant public defender for 17 years who also has a private practice in Sterling. The two emerged in late July after Spencer came under significant public criticism for his past prosecutions of Nicholas T. Sheley, 29, of Sterling, charged with killing eight people during a weeklong, two-state killing spree in June. Sheley, who has a long and violent criminal history in Whiteside County, was free on a recognizance bond in a home invasion case when the beating deaths were committed. Spencer has not responded to the criticism, citing Illinois Supreme Court rules that bar prosecutors from discussing past and present prosecutions. In addition to being unethical, such comments might jeopardize his case against Sheley, he said. "I am not going to do anything that would affect the integrity of that conviction and perhaps whatever sentence could be imposed," Spencer said. "If that means I'm criticized for that, then that's simply something I have to accept." It was the public outrage, though, that persuaded Huffman to throw her hat into the ring. "I felt my county and my community did not have faith in their prosecutor," she said. "If you don't have faith in your prosecutor, you do not feel safe at home. I did not feel safe at home, and I wanted to change that. "I think [the Sheley case] is actually what brought the community to the point of asking for new leadership more than anything," Huffman said. "People want something different, and they want a choice." If elected, "I am not going to forget who put me in office," she said. "I am not going to forget that when they have questions, I ought to give them an answer. That is my responsibility." Spencer acknowledged that he must be held accountable to his constituents, but said his main focus during the Sheley investigation was assisting law enforcement and keeping in contact with the families of the victims. "As I always do, I contacted the victims quickly and made sure they knew what we were doing. Each news release issued during the investigation came through his office. "I was more interested in making sure we were doing everything right," Spencer said. "In hindsight, I should have let the rest of the public know that I was involved in doing the things that I needed to be doing." Neal did not respond to numerous calls and e-mails seeking an interview for this story. In an Aug. 17 guest column in this newspaper, though, he wrote: "I'm no apologist for Mr. Spencer. Whether or not he should remain in office is something best left to the voters of this county to decide. ... No one other than a seer could have foreseen that someone of Mr. Sheley's ilk would have gone on a murderous rampage. We can only do the best we can with the limited knowledge we have. I'm sure Mr. Spencer sought to do no less; although in retrospect, Ray Charles could have seen this coming. "That said, I've chosen to enter the political breach for the office of the state's attorney because I am principled and conscientious, and the voices I hear calling forth aren't the clarion calls of an outraged public, but a sense of public duty and responsibility. I bring a unique, well-rounded and balanced perspective to those duties and responsibilities that a public servant should have, the least of which is maturity and ambition tempered by age and experience." Neal also said, if elected, he would serve only one term. Trial experience In addition to the Sheley case, another issue in the race is trial experience. Spencer has been in office nearly three decades, and is Illinois' second-longest-serving state's attorney. In that time, he has tried "virtually every kind of case," including first-degree murder. "I think part of the reason why I've been state's attorney for 27 years is that my office has an extremely good reputation throughout the state and in the law enforcement community as being an effective prosecutor's office," Spencer said. He cites his close relationship with Whiteside County law enforcement, and his ability to hire highly qualified, ambitious attorneys, such as now Whiteside County Public Defender Bill McNeal and Carroll County State's Attorney Scott Brinkmeier, as reasons for his success. Huffman, a prosecutor for 9 years, says it's time for a change. "We've been doing the same thing in Whiteside County for 27 years," she said. "We need to focus our resources on violent offenders. The prosecutor's role is to seek justice, not convictions." Alternative courts Huffman, who oversees diversion and alternative programs in Lee County, such as drug and mental health court, wants to bring such alternative programs to Whiteside County. Such programs help reduce recidivism and free up resources so that the state's attorney's office can focus more on violent crimes and offenders. "When you are running an office and prosecuting a smaller case with the same zeal that you're prosecuting an armed violence case, you simply don't have the resources to do that," Huffman said. "We don't have the kind of resources in this country to prosecute everybody who breaks the law, from a speeding case to a murder, and take everyone to trial. You have to pick your battles." Spencer agrees there is a need for programs that help offenders with substance abuse problems. In the 1980's, he added requirements to all probation orders that mandate offenders undergo substance abuse evaluation and treatment. "Drug court, if properly done, is a good thing, but I don't think it's any better than our felony order," he said. "Quite frankly, I'm in favor of anything that would help reduce the demand and help people that are addicted. Many, many times, addiction is the root of many problems in our society, and I think it's the root of many of the crimes I prosecute." Spencer said he has considered establishing a drug court, but there is no inpatient facility available. He has approached Morrison Community Hospital and CGH Medical Center about developing an inpatient substance abuse program, but the cost is a challenge, he said. Despite his years on the job, Spencer has no plans to slow down. "I have not lost the passion, and I still feel that I can do as well or better than anybody or most at least in seeking justice for the people in this county," Spencer said."When I leave this job, whether its Nov. 30 or four years from Nov. 30, I will feel that I did my best." Whiteside County state's attorney Incumbent: Gary Spencer, 59, Republican nominee, Morrison. History: Former sheriff's deputy and Department of Child and Family Services worker; state's attorney since 1981; Illinois State's Attorney's Association board; founder and board chairman of April House Children's Advocacy Center in Morrison; founding board member and treasurer of the Blackhawk Area Task Force; member of the Northwest Illinois Criminal Justice Commission board. Key issues: Obtain appropriate convictions and sentences; maintain a close relationship with law enforcement, social service and community agencies; and protect the rights of victims. Write-in challenger: Amy Huffman, 33, received backing of the Democrat Party, Sterling. History: Former Whiteside County assistant state's attorney; Lee County assistant state's attorney; oversees prosecution of drug and mental health court cases. Key issues: Implement treatment-based programs to prevent repeat offenders and pursue long sentences for violent offenders and gang members. Write-in challenger: Elwin Neal, 61, Sterling. Experience: Assistant Whiteside County public defender; has worked 17 years as an attorney; former laborer, shift supervisor, industrial engineering analyst at Northwestern Steel and Wire. Key issue: Provide proactive, tough-minded prosecutorial skills.