The day after he was elected the first new Lake County state’s attorney in more than two decades, Republican Mike Nerheim said he wants to start reforming the office on day one.
Nerheim defeated Democrat Chris Kennedy in Tuesday’s election, ending a campaign in which both candidates emphasized bringing change to an office that has come under fire for its handling of several high-profile felony cases.
“The first thing I’m going to do is sit down with all 153 employees” of the state’s attorney’s office, Nerheim said.
He’ll ask prosecutors for ideas about improving the office — and also re-interview them for their jobs. Nerheim said prosecutors whose philosophies don’t mesh with his vision could be shown the door.
Some defense attorneys — including Kennedy — have said the state’s attorney’s office had become more focused on convictions than justice under Michael Waller, the Republican who has held the office since 1990. Kennedy said that must change under Nerheim.
“I hope he’ll go after the cultural issue with the office and the resulting wrongful convictions,” Kennedy said Wednesday.
Nerheim was a Lake County prosecutor from 2000 to 2007. Defense attorney Gregory Nikitas said that familiarity with the state’s attorney’s office and its employees could help him make sound personnel decisions.
“He has a really good understanding of what certain jobs should be and how they need to be reformed,” Nikitas said.
Under Waller, four homicide and rape cases fell apart under the weight of DNA evidence. Some men initially charged with the crimes and imprisoned were ultimately freed.
Nerheim said he hopes establishing an independent investigative panel will help reduce the risk of wrongful convictions. He said he plans to appoint five or six people, who would be sworn in as special assistant state’s attorneys and be responsible for reviewing cases in which evidence suggests a different suspect.
Nerheim said he has selected the panel and plans to reveal members’ names in coming days. All potential appointees have law backgrounds, he said.
“The idea is to bring a new set of eyes … to any case called into question,” Nerheim said.
Nerheim could examine one such case soon after taking office. Bennie Starks was cleared in 2006 of a rape charge that resulted in his imprisonment for 20 years. An appellate court ordered a hearing at which lawyers could argue for a new trial on Starks’ outstanding aggravated battery charge, but Waller’s office has asked the Illinois Supreme Court to review the appellate court’s order.
“When he comes to office in December, Bennie Starks … ought to be one of the first files on his desk,” said Jed Stone, one of Starks’ lawyers. Stone supported Kennedy in the race, but he called Nerheim a good man and a “straight shooter.”
Nerheim said he has not decided whether to pursue the battery charge against Starks, because he has not been privy to the state’s evidence. But if the evidence is not sufficient, he said, he’ll drop the charge.
Waller could not be reached for comment Wednesday. In October he questioned the need for a review panel, saying measures already in place, such as videotaping interrogations, can help reduce the risk of wrongful convictions.
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Others like Nerheim’s idea. Steve McCollum, a former chief deputy state’s attorney under Waller in the 1990s, has defended Waller’s track record, but he also said a fresh look at certain cases could help Nerheim make good decisions.