2 will not face death penalty
Couple accused in kids' drownings

Associated Press
January 27, 2004

CLINTON, Ill. -- A Clinton woman and her former boyfriend, both accused of drowning her three children in Clinton Lake last September, will not face a death sentence if they are convicted, a special prosecutor said Monday.

Amanda Hamm, 27, and Maurice Lagrone Jr., 28, each are charged with nine counts of first-degree murder in the deaths of Hamm's children, Christopher Hamm, 6; Austin Brown, 3; and Kyleigh Hamm, 23 months, who were in the back seat of Hamm's car when it sank in the lake.

Hamm and Lagrone pleaded not guilty earlier this month.

"In both cases there is an intention to decline to seek the death penalty," said prosecutor Roger Simpson. He declined to discuss the reason for his decision, but a news release issued Monday by DeWitt County Sheriff Roger Massey indicated that last year's emptying of Death Row by former Gov. George Ryan may have played a role in the decision.

"Although this case certainly qualifies for the death penalty, recent trends in Illinois and the particular facts of this case would seem to indicate that imposition and execution of that sentence would be a remote possibility," the news release said.
The decision was reached by prosecutors, investigators and relatives of the children, the news release said.

"I'm glad they came with that decision," said Ann Danison, Hamm's mother. Danison said she was among those who were consulted about the decision.

The formal notice was filed in court Friday, Simpson said.

"Certainly this changes the complexion of the case some," said Peter Wise, one of Hamm's attorneys. He said some of the avenues open to defense attorneys in capital cases, such as deposing witnesses before trial, will not be available now.

Lagrone's attorney, Jeff Justice, said the timing of the decision, coming more than two months before the notice was required, was surprising. But he said the decision was not.

"I think that when you question jurors on guilt or innocence at the same time you question them on whether they can kill somebody as punishment makes it more difficult for the prosecution," Justice said. "I think that had to have something to do with Mr. Simpson's decision."

The decision also throws the appointments of Hamm's and Lagrone's attorneys into question. Circuit Judge Stephen Peters appointed two attorneys for each because of the death penalty possibility, with their fees and expenses paid by the state's Capital Litigation Fund.

Now, Justice said, DeWitt County will have to bear the costs and the judge might decide that capital litigation attorneys are no longer necessary.

Hamm's lead attorney, Steve Skelton, said he did not expect the decision to affect his representation of Hamm.

Lagrone and Hamm are being held in DeWitt County Jail.

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