Some of you may have heard of this incident in the Chicago suburb of Palatine Illinois back in 1993, wherein the workers were marched into the walk in coolers of the business and killed during the commission of a robbery. It went unsolved for a very long time, since no one seemed to know who had committed such a heinous crime. 16 years later the final perpetrator of the murders has been tried, convicted, and sentenced. . .
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October 21, 2009
BY RUMMANA HUSSAIN AND DAN ROZEK Staff Reporters
In the first poll, eight Cook County jurors were ready to sentence James Degorski to death, while the remaining four leaned toward a life sentence.
The margin narrowed on the next vote -- 10 jurors wanted to impose the death sentence -- but it never disappeared.
After nearly five hours of deliberations Tuesday, the jurors agreed to disagree and sentenced Degorski to life in prison for the 1993 slayings of seven people at Brown's Chicken & Pasta in Palatine.
The jury discussions grew "a little heated and frustrating" before jurors realized the unanimous decision required to impose a death sentence would be impossible to reach, jury forewoman Cynthia Rathburn said.
"We reached a point where we agreed we were not going to agree," she said.
The life sentence matches the punishment another jury gave Degorski's accomplice Juan Luna two years ago. That decision was never a factor in Degorski's sentencing, said Rathburn, who personally voted for execution.
"Am I happy with that overall decision? I would have liked to see him get the death penalty," said Rathburn, a police lieutenant with the Metropolitan Water Reclamation District of Greater Chicago.
Defense attorney Mark Levitt argued that abuse Degorski, 37, suffered while growing up led to his participation in the killing, Rathburn said that argument didn't sway her vote. "It wasn't there for me to justify the cold-blooded murders of seven people," said Rathburn, 47.
"Even if a portion of what came out through the psychologists and stuff was accurate, it just didn't seem to me to overcome the heinousness of this crime," agreed fellow juror Alex Drott, 29, who also voted for a death sentence.
Joy Ehlenfeldt, youngest daughter of victims Richard and Lynn Ehlenfeldt, said listening to the harrowing physical and sexual abuse Degorski encountered was sobering, but added, "He may have lived in fear, but that night he instilled fear in those seven people and that is disgusting and unforgivable."
Degorski, stoic during most of the eight-week trial and sentencing hearing, showed no reaction when the verdict was announced. His mother, Patricia, 59, had tears welling up in her eyes.
"I appreciate the jury's decision and my heart goes out to what the families of the victims have been through," she said afterward.
Earlier Tuesday, in arguing why Degorski deserves to die, Assistant State's Attorney Thomas Biesty told the jury of six men and six women that Degorski "has given you no choice.''
Prosecutors contended Luna and Degorski bragged about the Jan. 8, 1993, crimes, telling their friends that they slaughtered the victims during a petty robbery and left their bodies in two walk-in coolers. Degorski told Eileen Bakalla and Anne England that he wanted to do "something big."
"He wanted to do something big. Give him something big in return," Assistant State's Attorney Linas Kelecius told jurors.
Levitt, who said he was "very pleased and relieved" with the jury's verdict, had asked the jurors to show Degorski "mercy."
"Finding mercy where it shouldn't exist is exactly what mercy is,'' he said. "It's not an easy thing to do. It takes courage.''
Cook County State's Attorney Anita Alvarez said she respected the jury's decision.
"The fact that these two men are convicted, that Jim Degorski has been held responsible, is justice," she said.
Some of the victims' relatives struggled to accept the decision to spare Degorski's life.
"I'm not happy with the decision this jury made today, however I have to accept that," said a distraught Diane Clayton, mother of victim Marcus Nellsen.
"In my opinion, Jim Degorski deserved the death penalty."
Clayton fainted inside the courthouse after speaking with reporters about the verdict.
Ann Ehlenfeldt, a devout Christian and sister of slain franchise owner Richard Ehlenfeldt, said she was angry at defense attorneys for "celebrating" in the courtroom.
"My own jury is out on the death penalty," she said. "But if murdering seven people in the horrific ways that he did is not enough for the death penalty, in my mind, I wonder what is."
http://www.suntimes.com/news/24-7/1837023,CST-NWS-Degorski21.article (http://www.suntimes.com/news/24-7/1837023,CST-NWS-Degorski21.article)