The day that George Ryan commuted the death sentences of all Illinois death row prisoners, Lawrence Marshall mentioned a man in his introductory remarks that few are familiar with. That man was Dick Cunningham, an attorney formerly in Illinois’ State Appellate Defender’s Office. Marshall said of Cunningham:
Where would we be today without the scores of committed death penalty lawyers who have labored so intensely to keep their clients alive?in body and in spirit–for this day to come? If only Dick Cunningham were here today to witness the fruits of his work on behalf of so many. For Dick, the practice of law was not simply a means to earn a living, but a way to satisfy his hunger for justice. When you hear your next lawyer joke, remind the cynics about who Dick Cunningham was, remind them about what Chick Hoffman has done, remind them about how Anna Ahronheim has represented her clients, remind them about what Tom Geraghty has taught all of us, about the impact of Andrea Lyon?s advocacy, about how Barry Scheck has changed the world, about what Tom Breen has sacrificed to do the right thing, about the incredible dedication of Locke Bowman, about the intensity of Flint Taylor, about the passion of Mike Metnick, about the humanity of Jeff Urdangen, about the power of Terry Mascherin, about the generosity of Kimball Anderson, or the perseverance of Mark Ter Moelen. These are just a few examples of hundreds I could mention.
Dick Cunningham devoted his life to defending convicted felons in the appellate process and played a significant role in bringing the public’s attention to the great injustices that have occurred in the Illinois justice system. Dick Cunningham lived to see the day a moratorium was put into place, but was murdered in 2001 by his mentally ill son. The Tribune has done one of the most touching series I have ever read on Dick Cunningham.
In Illinois 17 people have been exonerated while 12 have been killed since the reinstatement of the death penalty in the 1970s. The 4 most recently exonerated were tortured to obtain confessions. False confessions. 33 others convicted on murder charges have been exonerated in that same period.
The Illinois Legislature refused to deal with the issue leading George Ryan to say:
The legislature couldn’t reform it.
Lawmakers won’t repeal it.
But I will not stand for it.
I must act.
And he did. I have deep reservations about that act because I fear it closes the window for repeal or substantive reform. But one thing is for sure, without Dick Cunningham and his colleagues, we never would have realized the extent of the problem. He cared about those most would like to forget and made their cause, his cause.