Post by Anja Nieser on Sept 24, 2006 5:08:44 GMT -5
Court won't pursue capital punishment in Curless case
By John Sharp
of the Journal Star
PEORIA - Accused killer Hershel Morgan will not face a death sentence in the slaying of 19-year-old Jessica Curless.
Morgan, 23, of Peoria, is already serving 48 years for crimes committed in Tazewell and Peoria counties, and he potentially faces a longer prison stint for various Woodford County offenses, which include multiple charges of murder.
But he will not face death, the Woodford County's State's Attorney's Office has decided.
"After consultation with the family of the victim, Jessica Curless, a review of the evidence pertaining to this case . . . the People hereby state that they will decline to seek the death penalty against Hershel Morgan," State's Attorney Mike Stroh said in the court filing Wednesday. He could not be reached for further comment Friday.
Morgan will appear in Woodford
County court at 4:15 p.m. Monday.
He was eligible for the death penalty if found guilty on any of the first five of 10 counts of first-degree murder levied against him July 7.
Those charges indicate that Morgan killed Curless with a hammer to prevent her from giving "material assistance" to prosecutors in a criminal investigation against him.
At the time, Stroh said Morgan's alleged actions could have been a "potential factor" in seeking the death penalty, though he had been unsure whether to pursue it.
Jane Bohman, executive director of the Illinois Coalition to Abolish the Death Penalty, said Stroh's decision is common among downstate prosecutors who would be overburdened with a death penalty case.
There has not been a death sentence issued in downstate Illinois since 2004, she said.
"It does not deny the seriousness of the harm people cause, but with the death penalty, it's a tremendous burden on already overburdened offices," Bohman said. "When you have serious alternatives like life sentences or life sentences without parole, it's more appealing for state's attorneys now," to pursue those options.
Curless died sometime between Jan. 10, when her parents reported her missing, and March 3, when her body was found behind a vacant house north of Spring Bay.
Morgan also faces charges for allegedly forcing his way into a rural Bayview Gardens home on Christmas Day and raping a 24-year-old female resident and for a Jan. 3 break-in at a rural Metamora couple's home.
Morgan was sentenced April 7 to 45 years in prison following a plea agreement in Tazewell County that found him guilty of four counts of home invasion, two counts of aggravated criminal sexual assault and one count of residential burglary in connection with a Dec. 20 incident at an East Peoria home.
On Sept. 11, he pleaded guilty to burglary in Peoria County and was sentenced to an additional three years in prison for an incident in the 600 block of Homestead Avenue.
www.pjstar.com/stories/092306/TRI_BB1NC0IU.061.shtml
By John Sharp
of the Journal Star
PEORIA - Accused killer Hershel Morgan will not face a death sentence in the slaying of 19-year-old Jessica Curless.
Morgan, 23, of Peoria, is already serving 48 years for crimes committed in Tazewell and Peoria counties, and he potentially faces a longer prison stint for various Woodford County offenses, which include multiple charges of murder.
But he will not face death, the Woodford County's State's Attorney's Office has decided.
"After consultation with the family of the victim, Jessica Curless, a review of the evidence pertaining to this case . . . the People hereby state that they will decline to seek the death penalty against Hershel Morgan," State's Attorney Mike Stroh said in the court filing Wednesday. He could not be reached for further comment Friday.
Morgan will appear in Woodford
County court at 4:15 p.m. Monday.
He was eligible for the death penalty if found guilty on any of the first five of 10 counts of first-degree murder levied against him July 7.
Those charges indicate that Morgan killed Curless with a hammer to prevent her from giving "material assistance" to prosecutors in a criminal investigation against him.
At the time, Stroh said Morgan's alleged actions could have been a "potential factor" in seeking the death penalty, though he had been unsure whether to pursue it.
Jane Bohman, executive director of the Illinois Coalition to Abolish the Death Penalty, said Stroh's decision is common among downstate prosecutors who would be overburdened with a death penalty case.
There has not been a death sentence issued in downstate Illinois since 2004, she said.
"It does not deny the seriousness of the harm people cause, but with the death penalty, it's a tremendous burden on already overburdened offices," Bohman said. "When you have serious alternatives like life sentences or life sentences without parole, it's more appealing for state's attorneys now," to pursue those options.
Curless died sometime between Jan. 10, when her parents reported her missing, and March 3, when her body was found behind a vacant house north of Spring Bay.
Morgan also faces charges for allegedly forcing his way into a rural Bayview Gardens home on Christmas Day and raping a 24-year-old female resident and for a Jan. 3 break-in at a rural Metamora couple's home.
Morgan was sentenced April 7 to 45 years in prison following a plea agreement in Tazewell County that found him guilty of four counts of home invasion, two counts of aggravated criminal sexual assault and one count of residential burglary in connection with a Dec. 20 incident at an East Peoria home.
On Sept. 11, he pleaded guilty to burglary in Peoria County and was sentenced to an additional three years in prison for an incident in the 600 block of Homestead Avenue.
www.pjstar.com/stories/092306/TRI_BB1NC0IU.061.shtml