Murder is the most serious charge a person can face. Imprisonment up to life or capital punishment are the outcomes if convicted. The Illinois version of this crime is perplexing. The statute actually requires the Defendant to prove mitigating circumstances should he/she decide to pursue a second degree murder option for the jury. A murder charge takes enormous effort to defend. Aside from the normal work done to gather full discovery from the State, these charges usually involve multiple evidence exhibits (sometimes hundreds), multiple forensic laboratory reports, expert witnesses who will testify in toxicology, bullet trajectories, cellular phone tower transmissions, and computer experts. These cases almost always involve another expert witness – the doctor who performs the autopsy. Most of the experts are employees of the State, but not always. Defense usually requires retention of opposing experts on the client’s behalf. Therefore, the defense is expensive.
However, these cases can be won. Many attorneys are simply not qualified to defend these cases. They lack the experience and effort required. As an example, I was retained by a former police officer who had been charged with First Degree Murder in St. Clair County. He had previously hired three other attorneys, all who advised him to take a negotiated plea of 20 years (the minimum sentence). He was 56 years old and did not want to die in prison for a crime he did not commit. I agreed to represent him. I initially filed a lengthy motion to suppress evidence. The testimony elicited locked in the State’s witnesses to their versions of events. The case was investigated by the Major Case Squad, a group of officers from various departments who all gather together to work the investigation of the case. These are the most experienced officers from the surrounding area. I cross examined most of the key witnesses from the Major Case Squad. The discovery was substantial at over 500 pages of police report. I noticed one page where an investigator talked to a neighbor who witnessed an anonymous person enter the home of the decedent minutes before the murder occurred. None of the previous attorneys had bothered to talk with the witness. I talked with him and arranged for his presence to testify at trial. His testimony alone raised enough doubt in the jury’s mind to acquit my client. The jury came back and found him not guilty.
Another client was charged with First Degree Murder in Macoupin County for shooting her husband five times at point blank range with a handgun. After talking with her at length I realized she was most likely a victim of almost daily abuse by her husband (the victim). I received approval from the family to retain an expert witness, a psychologist renowned for PTSD work. Although Macoupin County doesn’t allow the use of this type of expert at trial, I was able to negotiate an open plea on Second Degree Murder for the client. We presented his full testimony at the sentencing hearing along with many family members and ultimately she was sentenced to four years. The State had initially sought natural life imprisonment. She served one and a half years total time and was released.
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