A death penalty trial primer

A death penalty trial is a bit different from a regular trial. A normal trial (even a non-death penalty murder trial) generally goes like this:

1. Jury selection begins. A jury of 12 people is chosen.
2. Both sides are given the chance to make opening statements.
3. State presents evidence/witnesses.
4. Defense presents evidence/witnesses.
5. State given the option of presenting rebuttal evidence/witnesses.
6. Both sides are given the chance to make closing arguments.
7. Jury deliberates and returns a verdict.

In a death penalty trial like Elijah Reid’s, that’s only the first phase. Illinois law, according to Rock Island County State’s Attorney Jeff Terronez, requires the trial happen in three phases.

The first phase is called the “guilt” phase. In layman’s terms, that’s the trial itself. Evidence and witnesses are presented, the jury deliberates and comes back with a verdict. If the jury finds Mr. Reid innocent, the process stops here.

But if the jury finds Mr. Reid guilty, the jurors have more work ahead of them. During the second phase of the trial, jurors will hear arguments and ultimately determine whether Mr. Reid is eligible to receive the death penalty. If they don’t find him eligible, the process ends here.

If  Mr. Reid is found eligible for the death penalty, the trial moves into the sentence phase. This is where it is decided whether or not Mr. Reid will be sentenced to death. The jury makes the decision and it must be unanimous, as with all the other phases.

According to state law, the judge must abide by the jury’s sentence of death. However, if the judge disagrees with the sentence, he or she must explain in writing why. That document, along with any attachments or exhibits the judge relied on, is put into the court file in case the trial or sentence are appealed.

After the trial

Even if he gets sentenced to death, there is still more to be done. The Illinois state death penalty statute requires that every death penalty sentence must be reviewed by the Illinois Supreme Court. According to the statute: “If the Illinois Supreme Court finds that the death sentence is fundamentally unjust as applied to the particular case, independent of any procedural grounds for relief, the Illinois Supreme Court shall issue a written opinion explaining this finding.” If the death penalty is ruled unconstitutional, then Mr. Reid will be sentenced in accordance with the Illinois Unified Code of Corrections.

The Illinois Supreme Court is not the only avenue for appeal of a death sentence. In my last post, I talked about Erik Birdsall, the last person to be sentenced to death in Rock Island County. His conviction was overturned because it was ruled that he had not had a mental fitness examination prior to the trial (according to the Illinois Department of Corrections, he is now serving a 130-year sentence at the Pontiac Correctional Center). That’s just one of any number of technical details that can be grounds for appeal.

The first step in the appeal process is the Illinois Appellate Court. If the appellate court upholds a sentence, it goes to the state Supreme Court and could potentially move into the federal court system, though it’s unlikely.

If, after all appeals are exhausted, the death sentence has been upheld, Mr. Reid will be put on death row. Illinois law sets forth guidelines on how an execution is to be carried out. For starters, the date of execution shall be between 60 and 90 days from the time the sentence is handed down (or upheld, if it has been appealed). It must be carried out at an Illinois Department of Corrections facility, supervised by the warden and it is to be witnessed by six people who will certify that the execution has been carried out.

The law also states that those who participate in executions shall not be licensed health care providers in Illinois. That does not mean they aren’t licensed health care providers, necessarily, just that they are not licensed in Illinois. Additionally, the identities of those who participate in the execution must be kept secret and are not admissible as evidence in any circumstance.

In Illinois (as with most other states), the statutory method of execution is the lethal injection. According to the law, a death sentence is carried out with a lethal combination of a quick-acting barbituate, a chemical paralytic and potassium chloride. If, for some reason, the lethal injection is ruled unconstitutional or illegal, the execution shall be carried out via electrocution.

After the drugs are administered, a coroner must pronounce the death of the inmate.

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