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Fact Check on Willie Horton-Style Ad on Obama and the Death Penalty

April 21, 2008

SCRIPT: Tamika McFadden-Harris. Murdered leaving church choir practice. Cut down by gang gunfire while shielding her 6 year old daughter. Mike Boyd. Killed at 15. Beaten with bricks after a gang member crashed into his car. Severo Enriquez. Just 14 years old. When he refused to flash a gang hand sign he was shot 5 times in the back. They all died in 2001, in Chicago. The Sun Times called it 'urban terrorism,' and demanded action on gang violence. [Chicago Sun-Times, 11/23/01]

CHICAGO SUN-TIMES EDITORIAL WAS WRITTEN MORE THAN THREE MONTHS AFTER HOUSE BILL 1812 WAS VETOED; ILLINOIS EDITORIAL BOARDS OPPOSED THE BILL

8/17/01: Republican Governor Vetoed The Bill "In Light Of Existing Laws, Constitutional Concerns And Out Past History Of Erroneously Sentencing Individuals To Death." In August 2001, Gov. George Ryan vetoed the death penalty for gang members bill, saying the legislature should be questioning rather than expanding the use of the death penalty in the state. Ryan said in his veto message, "I believe its efforts are misdirected in light of existing laws, constitutional concerns and our past history of erroneously sentencing individuals to death." [Chicago Tribune, 8/18/01; HB 1812, Veto Message, 8/17/01]

Chicago Tribune: "Isolated Tragedies Should Not Guide Public Policy...Language Used In the Bill Is Overly Broad, For One Thing, And Such A Bill Could Well End Up Discriminating Against Minorities And The Poor." The Chicago Tribune wrote in an editorial, "Mendoza's heart is in the right place, but isolated tragedies should not guide public policy...Mendoza's legislation has little chance of passing the Senate. Language used in the bill is overly broad, for one thing, and such a bill could well end up discriminating against minorities and the poor. But that's not the real reason this legislation is a bad idea...Last year, Gov. George Ryan formed a 36-member commission to rewrite the state criminal code, a document that has grown like legal kudzu after four decades of neglect. Commission members are charged with ridding it of arcane laws, contradictions, duplications, vagaries and other confusions. It is a monumental task, and Ryan deserves praise for demonstrating the leadership to get the process started. And as they do, they should bear in mind that if Illinois recommits itself to reserving the death penalty only for those who commit the most heinous crimes, as it should, then what's needed is fewer factors, not more." [Chicago Tribune, 4/18/01]

State Journal-Register: House Bull 1812 "Should Not Have Passed;" Illinois' Death Penalty Overhaul Should Be Completed Before Addressing New Aggravating Factors, Especially Those "As Ambiguous As This One." The State Journal Register wrote in an editorial, "Yet, at a time when many in Illinois seem convinced that the state's capital punishment system needs a major overhaul, the General Assembly has approved legislation that could once again increase the number of people who would be eligible for the death sentence...Mendoza knows the bill's passage will look good on her next set of campaign brochures, and she probably also correctly assumed that the last thing most legislators want is to record a "no" vote on an anti-crime measure. But for plenty of reasons, this bill should not have passed, and we believe Gov. Ryan was correct in vetoing it...In short, House Bill 1812 is not needed. But worse than that, it adds a fuzzy extension of the most serious punishment -- a punishment that cannot be reversed. Exactly what is 'furtherance of gang activity'? Chances are it will vary from case to case, jurisdiction to jurisdiction. Illinois is in the process of trying to clean up its capital punishment system. That task must be completed before any more laws are passed adding people to death row -- especially laws as ambiguous as this one. We urge the General Assembly not to override the governor's veto on this bill." [State Journal-Register, 11/13/01]

SCRIPT: "But that same year, a Chicago state senator named Barack Obama voted against expanding the death penalty for gang-related murders."

THE REPUBLICAN GOVERNOR OF ILLINOIS VETOED THE BILL, REPUBLICAN REPRESENTATIVE ADMITTED THE BILL WAS "FOR THE FOLKS BACK HOME AT ELECTION TIME"

Republican Governor Vetoed The Bill "In Light Of Existing Laws, Constitutional Concerns And Out Past History Of Erroneously Sentencing Individuals To Death." In August 2001, Gov. George Ryan vetoed the death penalty for gang members bill, saying the legislature should be questioning rather than expanding the use of the death penalty in the state. Ryan said in his veto message, "I believe its efforts are misdirected in light of existing laws, constitutional concerns and our past history of erroneously sentencing individuals to death." [Chicago Tribune, 8/18/01; HB 1812, Veto Message, 8/17/01]

Davis: Gangs Bill "Was For The Folks Back Home At Election Time." Representative Jack Davis said that the bill was as much about image as substance. Illinois Issues reported, "Of course, there are political considerations. It's no secret that by voting for aggravating factors, lawmakers help build their tough-on-crime images. Even the legislator who sponsored the first additional aggravating factor admits as much. 'A lot of that was press and showmanship,' Davis says about all of the factors that have been added. 'It was for the folks back home at election time.'" [Illinois Issues, 10/01]

A QUARTER OF THE ILLINOIS SENATE AND MAJOR ORGANIZATIONS OPPOSED THE BILL

A Quarter Of The Illinois Senate Voted "No" Or "Present." Senators Hendon, E. Jones, Lightford, Link, L. Madigan, Obama, Ronen, Shaw and Trotter voted no. Senators Cullerton, del Valle, Molaro, Silverstein and Smith voted present. [92nd GA, HB 1812, 3R P 44-9-5, 5/15/01, Roll Call]

Ø Hendon: Bill Targets One Group, Not Organized Crime, Which Was Selective Enforcement Of The Law. Rickey Hendon said on the floor, "And what we're trying to get to -- I want everyone to understand -- is that this bill, unfortunately, targets one group. One group. It does not target organized crime...That's discrimination. That's selective enforcement of the law." [92nd GA, HB 1812, ILGA Transcript, 5/15/01]

Ø Jones: "It's A Bad Bill." Emil Jones said on the floor, "It's a bad bill. I intend to vote no." [92nd GA, HB 1812, ILGA Transcript, 5/15/01]

Ø Molaro: Threatening Teenagers With The Death Penalty "Isn't Going To Stop That Conduct." Molaro said on the floor, "...The only thing that this General Assembly could come up with is we're going to say instead of putting -- giving them life without possibility of parole or sixty years, 'We're going to put 'em to death. That'll stop this conduct. That'll teach these eighteen-year-olds.' Come on. What are we doing his, so we feel better about ourselves? This isn't going to stop that conduct." [92nd GA, HB 1812, ILGA Transcript, 5/15/01]

Ø Trotter: HB 1812 Created Constitutional Concerns Regarding Gang Membership; Most Gang-Related Murders Would "Already Qualify For The Death Penalty." The Hyde Park Citizen reported, "'House Bill 1812 raises serious constitutional questions concerning gang membership, since mere gang membership and/or allegiance to a gang is not unlawful,' Trotter said. 'Because the definition of gang membership used in this bill is a broad one, it has developed some serious problems.'...Most gang-related murders mentioned by Ryan, the Senator noted, already qualify the offender for the death penalty." Donne Trotter said, "Most gang-related murders would already qualify for the death penalty under a number of aggravated factors already on the books." [Hyde Park Citizen, 11/1/01; Chicago Tribune, 10/25/01]

Opponents Of The Legislation Included Jesse Jackson, The Illinois Coalition Against The Death Penalty, The NAACP, The Catholic Conference Of Illinois, The ACLU, The League Of Women Voters, Amnesty International And The Lutheran Advocacy Network Murder Victims' Family For Reconciliation. The Chicago Defender reported, "Jackson was joined by a number of groups including the: Illinois Coalition Against the Death Penalty, the NAACP, Reps. Lou Jones (D-5th), Sens. Donne Trotter (D-16th), Barack Obama (D-13th), Rep Constance Howard (D-32nd), Monique D. Davis (D-27th), Catholic Conference of Illinois, the American Civil Liberties Union, the League of Women Voters of Illinois, Amnesty International USA-Illinois Chapter, the Lutheran Advocacy Network Murder Victims' Families for Reconciliation, and others." [Chicago Defender, 11/20/01]

"Civil Rights Activists, Black, White, Latino Lawmakers" United Against A Veto Override. The Chicago Defender reported, "In an unprecedented show of unity against an attempt to override a bill that expands the death penalty to include crimes involving gang activity, civil rights activists and Black, white, Latino lawmakers Wednesday served notice on state leaders to let Gov. Ryan's veto remain. The controversial HB-1812, which has been vetoed by Ryan, should remain in the legislative cemetery if Rep. Lou Jones' (D-5th) and the Illinois Legislative Black Caucus' (LLBC) campaign to stop an override effort is successful." [Chicago Defender, 10/25/01]

SCRIPT: When the time came to get tough, Obama chose to be weak. So the question is, can a man so weak in the war on gangs be trusted in the war on terror? The National Campaign Fund is responsible for the content of this ad.

OBAMA SAID ON THE FLOOR THAT HE FELT THAT THE CRIME ALREADY FELL UNDER DEATH PENALTY PROVISIONS, SAID THAT THE CRIMINAL COULD "BE DEALT WITH IN THE APPROPRIATE FASHION;" OTHER ORGANIZATIONS THAT OPPOSED THE BILL AGREED

Obama Said That In The Specific Crime For Which The Bill Was Written, The Death Penalty Would Already Have Applied. Obama said, "Obviously, the situation in Representative Mendoza's district was extraordinarily tragic...So because I think that the current situation of the fifteen-year-old that you discussed could have been covered under this provision that you read...And for those who support the death penalty, anytime that somebody...carried out these heinous crimes, I think they can, in fact, be dealt with in the appropriate fashion." [ILGA Transcript, 5/15/01, p.47-48]

Obama Voted For Tougher Penalties For Gang Activity. Obama voted to include in the definition of "course or pattern of criminal activity," acts of criminal defacement of property if the defacement includes a sign or other symbol intended to identify the streetgang. [93rd GA, HB 2529, 5/13/03, 3R P; 58-0-0; P.A. 93-0337, 7/24/03]

Obama Voted To Prohibit Released Gang Members From Associating With Old Gang. Obama voted to provide that if the State presents evidence, and the court substantiated that the offense committed by the defendant was related to or in furtherance of the criminal activities of an organized gang or was motivated by the defendant's membership in or allegiance to an organized gang, the court shall prohibit the defendant from associating with other members of the organized gang as a condition of bail or release. [93rd GA, HB 506, 5/7/03, 3R P; 57-0-0; P.A. 93-0254, 7/22/03]

Obama Voted To Make Recruiting For A Gang At School A Crime. Obama voted to create the offense of criminal street gang recruitment on school grounds (including a school yard, school playing field, and school playground), which a person commits when on school grounds or public property adjacent to school grounds, he/she threatens the use of physical force to coerce, solicit, recruit, or induce another person to join or remain a member of a criminal street gang, or conspires to do so. The penalty for the offense (House Amendment No. 1) is a Class 1 felony. [93rd GA, HB 4788, 5/13/04, 3R P; 57-0-0; PA 93-0938, 8/13/04]

Obama Voted To Permit The Required Removal Of A Minor's Tattoo Symbolizing Allegiance To A Street Gang As A Condition For Probation. Obama voted to amend the Juvenile Court Act of 1987 to permit the court, as a condition of probation, to require that the minor undergo a medical or other procedure to have a tattoo symbolizing allegiance to a street gang removed from his or her body. The amendment provides that the court as a condition of an order of continuance under supervision or as a condition of another sentence, must require that the minor undergo a medical or other procedure to have a tattoo symbolizing allegiance to a street gang removed from his or her body. [91 GA SB 0400 3R P 58-0-0, 3/18/99; PA 91-0098, 7/9/99]

Obama Voted To Criminalize Willful Gang Activity By A Peace Or Corrections Officer. Obama voted to amend the Criminal Code of 1961 to make it unlawful for a peace officer or correctional officer to knowingly commit an act in furtherance of gang--related activities, except when acting in furtherance of an undercover law enforcement investigation. Penalty is a Class 3 felony. [90 GA HB 2287 3R P 56-0-0, 5/9/97; PA 90-0131, 7/22/97]

OBAMA ALSO SUPPORTED EXPANDING THE DEATH PENALTY FOR SOME CRIMES

Obama Sponsored Bill To Extend Death Penalty For 1st Degree Murder Within 500FT Of A Place Of Worship. Obama was the chief co-sponsor of bill providing that a person who commits first degree murder using a firearm in or within 500 feet of a church, synagogue or other place of worship is eligible for the death penalty. The bill would provide enhanced penalties for commission of other enumerated offenses, including second degree murder and aggravated assault. [91st GA, SB 1615, 2/15/00]

Obama Supported Extending the Death Penalty For Certain Domestic Violence Cases. Obama voted for a bill to extend the death penalty to include cases in which someone who is under an order of protection is killed by the offender named in the order. [90th GA, HB 3652, 5/7/98, 3R P; 56-0-1; P.A. 90-0668, 7/31/98]

Obama Voted In Favor Of The Death Penalty For People Who Murdered Disabled People Knowing That They Were Disabled And For Senior Citizens. Obama voted to provide that the death penalty for first degree murder may be imposed upon an offender when the murdered individual was 60 years or older and the death resulted from exceptionally brutal or heinous behavior indicative of wanton cruelty or when the murdered individual was a disabled person and the defendant knew or should have known that the murdered individual was disabled. [90 GA HB 1315 3R P 57-0-0, 5/9/97; PA 90-0213, 7/25/97]