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Eye On Illinois: Prosecutorial discretion now on display for high-profile ComEd defendants

Prosecutorial discretion often is a local issue.

State’s attorneys’ offices in each county choose which (if any) charges to bring, make pretrial release recommendations and negotiate plea deals. The lead official in each county is accountable at the ballot box every four years, but most do the bulk of their work outside public courtrooms.

But occasionally, there are more high-profile situations, as is the case with former ComEd CEO Anne Pramaggiore and former lobbyist Michael McClain, who in April convinced a U.S. Seventh Circuit Court of Appeals panel to grant the right to new trials on the grounds their conspiracy convictions couldn’t withstand proper scrutiny of recent U.S. Supreme Court rulings on what constitutes bribery.

On Monday, the panel clarified that the U.S. Attorney’s district office, under Andrew Boutros, could retry the case. According to a Capitol News Illinois summary, the court’s 16-page opinion explains that although the initial convictions were flawed, lawyers failed to show justification for outright acquittals.

Voters don’t get a direct choice in which federal prosecutors work in district offices, but many will nonetheless watch Boutros’ decision and its political ramifications.

ILLINOIS DOES AMERICA250: Thanks to Shaw Local’s Judy Harvey for her write-up of celebrations tied to the 250th anniversary of the Declaration of Independence. There’s a comprehensive listing at il250.org/events, and Harvey’s digest highlights many of the special happenings most proximate to our newspaper readership. Find it at: tinyurl.com/Shaw250events.

MAILBAG: A June 9 column on the condition of Department of Corrections facilities referenced “inmates, lawyers, guards, medical staff, administrators, chaplains (and families of all of the above) and more,” which drew a response from reader KW, a 30-year veteran of three facilities:

“Most correctional officers do not like to be referred to as guards. They do a lot more than guard. After the training academy, staff receive ongoing training. A lot of correctional officers receive additional specialized training. They are trained in first aid and CPR, firearms, tactical defense. They are responsible for following all state and federal Institutional laws and department policies. They have staff trained in Internal Affairs, INTEL, statewide Special Response Teams, tactical units, Crisis Intervention Teams, hostage negotiators, auditors. placement office – to ensure inmates are placed in the proper cell and cell house and proper work and school assignments.

“They are responsible for security, custody and control. They transfer inmates all over the state to other prisons, courthouses, hospitals. As some correctional officers move up the ranks to majors and wardens, they oversee the whole prison: maintenance, health care, dietary, academic school, counselors, record office, laundry, warehouse, commissary, road crews. I could go on and on, but I think you get the point. Most of us find the term guard as demeaning.”

• Scott T. Holland writes about state government issues for Shaw Local News Network. He can be reached at sholland@shawmedia.com.

Scott Holland

Scott T. Holland

Scott T. Holland writes about state government issues for Shaw Media Illinois. Follow him on Twitter at @sth749. He can be reached at sholland@shawmedia.com.