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Counsel for Petitioner

Melanie Stokes. Aracely Erives. Amy Garver. In early 2001, all three of these Chicago area new mothers killed themselves during episodes of postpartum psychosis. Not long before them, in August, 2000, Suzanne Killinger Johnson, M.D., a Canadian physician, threw herself and her six month old son in front of a subway train while suffering from a postpartum disorder. Both mother and child died. In July, 2001, new mother Jennifer Mudd Houghtaling from Wisconsin died after standing in front of an oncoming CTA train. She also had been diagnosed as suffering from postpartum depression.

In March, 1985, Debra Gindorf, too, suffered from a severe postpartum disorder. Debra made a failed attempt to kill herself and, tragically, succeeded in killing her newborn son and 23 month old daughter. There is no question but that Debra's homicidal acts were the direct consequence of her postpartum disorder. Nine experts in the field now have examined Debra's case. Each has concluded that she killed while afflicted with postpartum depression or psychosis.

During the last two years, Debra's compelling story has been referenced in media reports on postpartum disorders. She also has been the subject of two recent columns by Chicago Tribune columnist Eric Zorn, who observed, "It's hard to find anyone who thinks Gindorf should still be locked up;" noted that one of her strongest advocates is Dr. Ronald Baron, the psychiatrist who testified for the State at her trial; and strongly recommended that Debra be granted immediate release. See Appendix 1, which is can be found at the back of this petition (appendices 2 through 10 are under separate cover). Additionally, the two year old Committee to Free Debra Gindorf supports this clemency petition, which is Debra's fourth request made to the Governor of Illinois and the Prisoner Review Board for understanding, mercy and forgiveness. The tragic postpartum-related events of recent years and the enlightenment of the citizens of this State which has followed give rise to an urgent need for reexamination of this case and for the granting of clemency to Debra Gindorf.

Convictions for which clemency is being sought.

Debra Gindorf seeks clemency for her two convictions of first degree murder, following findings of guilty but mentally ill entered after a bench trial before the Honorable Bernard E. Drew, Jr., in Lake County Circuit Court case no. 85 CF 405. On February 19, 1986, Debra was sentenced to natural life in prison. Under Ill.Rev.Stat. 1985, Ch. 38, § 1005-8-1(a)(1)(c) the court was required to order Debra to serve a mandatory minimum sentence of natural life for her two murder convictions. She has no criminal history besides those convictions.

Debra has been incarcerated for nearly 18 years since her arrest on March 29, 1985. Because of the nature of her sentence, she has no discharge date. She appealed directly to the Illinois Appellate Court, Second Judicial District. Her convictions and sentence were affirmed in a published decision, People v. Gindorf, 159 Ill.App.3d 647, 512 N.E.2d 770 (2d Dist. 1987). A copy of the decision is in Appendix 10 of this petition. The Illinois Supreme Court denied her petition for leave to appeal and the United States Supreme Court denied her petition for a writ of certiorari.

Prior clemency petitions, social security number and alias information.

Debra previously requested clemency from Governor James R. Thompson in September, 1989, and from Governor George H. Ryan in August, 2000, and April, 2002. The latter petition was denied on January 13, 2003. This Board has waived the rule prohibiting a petitioner from refiling a request for clemency less than a year from the date of the last denial order. Debra was convicted under the name of Debra Lynn Gindorf. Her maiden name was Debra Lynn Rutkowski. Her social security number is 336-68-2265. She has no aliases.

Facts of the offense.

On March 29, 1985, Debra Gindorf walked into the police station in Zion, Illinois, to confess that she had taken the lives of her daughter Christina, age 23 months, and her son Jason, age 3 months. Debra explained that it was her intention to kill both the children and herself using sleeping pills. The children died in their sleep; however, Debra awakened and vomited the poison. She spent the next 14 hours trying to kill herself by inhaling natural gas from her apartment oven, passing in and out of consciousness. She also attempted to kill herself with a knife. When those efforts failed, she went to the police station and told officers there exactly what she had done.

The circumstances which culminated in that tragic night span a number of years. In October, 1982, 18 years old and pregnant with Christina, Debra married Randy Gindorf, whom she had known for about four years. Christina was born in April, 1983. The marriage was very unstable. Randy abused Debra mentally and physically, even beating her in front of their baby daughter, relatives and friends. During the fifth month of Debra's second pregnancy, one of Randy's beatings resulted in a miscarriage. After the miscarriage, Randy put the fetus in a plastic bag and carried it to a bar to display to his fellow patrons. Appendix 3A at 3. Despite Randy's violent behavior and alcohol abuse, Debra stayed with him until June, 1984, when she obtained a divorce on the ground of physical cruelty. At the time of the divorce, Debra was pregnant with Jason. Appendix 4B at 5.

Debra suffered severe depression a few weeks after her first child was born. The symptoms increased when she became pregnant with Jason. In September, 1984, when Debra was five months pregnant with Jason, she sought help for her depression from mental health professionals at Zion International Hospital. She was assigned to a psychiatric intern named Dr. Guyer who performed psychiatric tests on her. The tests confirmed that Debra was experiencing some form of chemical depression. Unfortunately, Dr. Guyer failed to warn Debra or her family that the severe depression she was feeling during her pregnancy was likely to worsen after the birth of her baby, but could be easily treated with appropriate therapy and medication. Debra often missed sessions with Dr. Guyer. Eventually, the appointments were terminated, due to her frequent inability to secure transportation to his office. Appendix 4B at 6.

Although Debra was divorced from Randy at this time, he continued to come and go from her apartment, providing no financial assistance. At Debra's trial, neighbors testified that about two weeks before Jason was born, Randy physically attacked Debra. He kicked her, smashed her face into the rug and dragged her across the floor, all while 20 month old Christina watched and cried. Appendix 4A at 7.

Despite her severe depression, meager resources, and lack of social and family support, Debra continued to be a devoted mother to Christina. After the birth of Jason in January, 1985, Debra lived with her two children in a small apartment on Gideon Street in Zion, Illinois. She had no phone and no car. She did not receive financial assistance from Randy; rather, her sole source of economic support was government aid. Appendix 4B at 5. Neighbors testified that she kept a neat and clean apartment and was a loving, responsible, conscientious mother. She often was entrusted with the care of neighbors' children. Appendix 4A at 6. Debra's children were well dressed and well fed. She promptly sought medical care for them and made appropriate medical visits for immunizations and vaccinations. Her general love and enthusiasm for her children was clear from the way she meticulously documented every detail of their infancy in their baby books. (See Appendix 4C and the baby books themselves, which are exhibits filed with this petition.) Indeed, the children's autopsy reports stated that there were absolutely no signs of neglect or abuse. Appendix 4A at 3.

Nevertheless, the depression that had begun after Christina's birth cut deeper into Debra's psychological state following Jason's birth. At a time when Debra needed a great deal of love and support, her neighbors and acquaintances observed her becoming increasingly withdrawn and depressed. Appendix 4A at 7. Debra received little support from her parents. Debra's father had remarried and did not have much time for visits or calls. Her mother was angry at her for continuing to have contact with her brutal ex-husband. Eventually, her mother cut off almost all contact with Debra and her children. Appendix 4B at 5.

As Debra's depression intensified, she became suicidal. In early March, 1985, Debra asked her mother and step-father, her father and step-mother and one of her neighbors if they would be godparents for Jason and Christina. Debra's father agreed to provide religious support for the children but explicitly refused financial and other practical support. Everyone else refused to assume any type of responsibility for the children. Appendix 4A at 11. Thus, Debra was given reason to believe that, if she died, her children would be left entirely unsupported and alone; or, worse yet, in the care of her dysfunctional ex-husband and former in-laws.

Debra's depression reached a crisis in March, 1985. She suffered severe crying episodes lasting three or four days. Her increasing feelings of isolation and bouts of confused thinking rendered her unable to physically maintain her own well-being and, consequently, to care for her children. Appendix 4B at 5. On March 27, 1985, Debra had a last, painful encounter with her ex-husband. Soon after, overwhelmed with depression and troubles, she made a final decision to take her own life. Debra wrote a "will" and letters to both of her children, explaining why she was killing herself. The main focus of the latter was to convey her deep love to Christina and Jason and to assure them that they were in no way responsible for her decision. Appendices 4D and 4E. On March 28, she asked a friend to drive her to a local store, where she bought sleeping pills. After spending a quiet evening with neighbors, Debra took her babies home and put them to bed. She then commenced drinking Southern Comfort and otherwise preparing to take her own life. Appendix 4A at 13-14.

At 2 a.m., Debra's children awakened. Debra remembered her last conversation with her mother. She heard her mother's words: "Don't think you can leave your children with me. They're your babies and you'll have to find a way to raise them. I'm not going to raise your own children for you." Alone in the apartment, severely depressed and in a state of emotional turmoil, the words took on a new, horrifying meaning to Debra. Only she could keep her babies safe. But she had to die. Therefore, the only way to protect her children and ensure their comfort and happiness was to take them with her. God would take care of Debra and her children in Heaven. No one would take care of Debra's children on Earth. Appendices 3C at 2, 4A at 13-14, 4B at 5.

In Debra's delusional state, she became convinced that her children would be better off dead. She and her babies would be reunited in Heaven, where they could, at last, be safe and happy together. Debra fed Christina a lethal dose of crushed sleeping pills in a cup of juice. She then fed the same poison to Jason in a bottle of formula. She rocked the children and comforted them. When Jason spat up some of the formula, Debra changed his clothes and sheets so that he would be comfortable and clean on his journey to Heaven. Appendix 4A at 11.

When the children had fallen asleep for the last time, Debra tucked them into her bed. She then swallowed the powder she had saved for herself, washing it down with whiskey, and joined her children waiting to die. However, Debra vomited the medication and survived. She wakened in the morning to the horrific realization that she was alive and her babies were dead. She spent the next hours in a living nightmare, trying to kill herself. She turned on the gas oven, leaned into it with a blanket over her head and inhaled fumes, passing out and regaining consciousness. When that failed, she attempted to suffocate herself using a pillow. At one point she tried to slash her wrists with a kitchen knife. Finally, exhausted and shocked at still being alive, Debra abandoned her attempts to kill herself. She walked directly to the nearest police station and reported exactly what she had done. Appendix 4A at 1-2 and 11-12.

With Debra's consent, the police went to her apartment where they found the bodies of Christina and Jason, tucked into bed together. They also found numerous writings, including a letter to each of her children, which appear to have been written after she decided to commit suicide but before she decided to kill her children, too. Appendices 4D and 4E.

In her daughter Christina's letter, Debra wrote:

Mommy had too many problems in her head, that she couldn't deal with, no matter what decision she made. Mommy was very depressed and unhappy woman, which I put myself in that position, not you! Mommy wanted you and loved you very much . . .(emphasis in original)

The letter concludes,

I love you very much, and I even told you everyday that I loved you, there wasn't a day that went by without me say I love you Christina. Even tho I'm not around I still love you very very much! . . . (emphasis in original)

Debra's letter to her son Jason was shorter, primarily because she asked him to read his sister's letter to "understand things better." She then wrote, "I ruined my chance to watch and grow up with you and your sister . . .Well, Jason, mommie has to go now, it's time. I love you very much and yes, I told you everyday too . . . ." Appendix 4E.

Debra's letters are touching evidence of her love for her children. Even while obsessed with suicidal thoughts, her overwhelming concern was her desire to protect her children from misunderstanding the degree of her love or blaming themselves for her choice to die. As that final night wore on, Debra's mind crossed into a system of thought in which she determined that death was a vehicle by which she could convey her children and herself to safety and happiness in Heaven. At Debra's trial, the experts for both parties agreed that this was Debra's sole motivation for killing her children and attempting to kill herself. Appendices 2I, 3A at 4-5, 3B at 3-4, 3C at 6, 4A at 15-17.

Personal life history.

Debra Lynn Rutkowski was born on April 19, 1964, in Waukegan, Illinois, to Donna and Walter Rutkowski. She has one younger sister. Her parents were divorced when she was ten years old. For the remainder of her childhood, Debra was shifted between the homes of her parents. Debra's mother was killed in an automobile accident while Debra was incarcerated for these crimes. Debra's father has not contacted her since the deaths of her children.

Debra completed her sophomore year at Warren High School in Gurnee, Illinois. She started her junior year at Zion-Benton High School in Zion, Illinois, but subsequently dropped out. She earned her GED certificate while incarcerated in the Lake County jail.

During high school, Debra was employed at Marriott's Great America Amusement Park in Gurnee, Illinois. In 1984, she worked in Waukegan, Illinois, at Orange Julius, a fast food restaurant located in the Lakehurst Shopping Center, and as a clerk for K-Mart. Debra also was employed for several months as a live-in babysitter for the Theonnes family in North Chicago, Illinois. Debra has never served in the military.

Debra married Randy Gindorf on October 1, 1982. She was 18 years old at the time and pregnant with their first child, Christina, who was born April 14, 1983. Their turbulent marriage lasted until June 1984, when Debra obtained a divorce. She was unemployed, on government aid, and pregnant with their second child, Jason, at the time. She then lived with her mother until she was able to afford her own apartment. On January 3, 1985, Jason was born.

Debra entered the Department of Corrections on February 19, 1986, approximately 11 months after her arrest. For the first five years of her incarceration, she was assigned to the Mental Health Unit. During that period, she worked as a volunteer, assisting women to learn to read and write. The progress she had made towards mental health warranted her reassignment to the general population, where she has held various jobs. For roughly twelve years, she was employed in the Industrial Unit, where she worked her way up from janitor to a position doing sewing machine repair. She has taken a computer class in software applications. She also has taken classes in building maintenance, commercial arts, photography and dog grooming. In January, 2003, she was recognized by Lake Land College for her academic achievement, which placed her among the top performers in her class. Appendix 5C. Her present job assignment is as a janitor on her housing unit. She is currently in the process of exploring further educational and training opportunities available to her at Dwight. See Appendix 6A.

Disciplinary record while in Dwight.

For the vast majority of her time at Dwight, Debra has been classified as a minimum security risk. She is presently classified as minimum security.

This petition is the fourth appeal for clemency which has been made on behalf of Debra Lynn Gindorf. Debra's trial defense was insanity. She was found guilty but mentally ill of the murders of both of her children and received a mandatory sentence of natural life in prison. There was no question but that Debra killed her children. The only real question at trial was that of why. There was absolutely no evidence of a rational motive for Debra's actions-no insurance money to be gained, no credible indication of a desire for vengeance against the father's children. Although, as a single mother, she had financial problems, murder and suicide were disproportionate reactions to the circumstances of her life at the time. By all indications, Debra was an exceptionally caring and devoted mother. Even her method of killing her children reflected love and concern. Debra held and comforted her babies one by one as they fell into their final sleep, tucking them in bed together and then lying down herself to die at their sides. She fully expected to awaken to a happy post-life existence with her children in Heaven.

The general diagnoses of acute depressive disorder and post-traumatic stress syndrome made by the experts who testified at her trial seemed accurate but incomplete. At the time Debra was tried and sentenced, however, the general public in America knew very little about postpartum psychosis. The same was true when clemency petitions where submitted on her behalf in 1989 and 2000. The second petition was denied in February, 2001. While it was pending, in August, 2000, Dr. Suzanne Killinger Johnson, a Canadian physician (and daughter of a renowned endocrinologist and an often-published clinical psychologist) threw herself and her six month old son in front of a subway train, killing both. Dr. Killinger Johnson had been diagnosed as suffering from postpartum depression. Appendix 8J at 1.

Four months after Debra's second clemency petition was denied, Melanie Stokes, the 41 year old wife of a Chicago surgeon and the much loved first-time mother of a much wanted three month old daughter, made the bizarre, irrational decision to plunge to her death from a 12^th story hotel window. She, too, had been diagnosed and treated, albeit inadequately, for postpartum depression. Appendices 8B at 4, 8L. A week after that, the body of Aracely Erives, the new mother of quadruplets, was found in Lake Michigan; and a few days after that, the body of Amy Garvey was found floating in the same lake. Amy's daughter had just turned one. Appendices 8H and 8I. The week that Amy died, Texas mother Andrea Yates committed the horrific act of drowning her five small children, including a six month old baby girl. Appendices 8B at 4-5 and 8N. And also in early July, 2001, Jennifer Mudd Houghtaling, the daughter of a Chicago area physician and mother of a three month old baby, died after standing in front of a CTA train. Appendices 8A and8M.

Postpartum depression or psychosis were suspected in all of the above-mentioned cases. Suzanne Killinger Johnson, Melanie Stokes and Jennifer Mudd Houghtaling actually were diagnosed as suffering from severe depressive disorders prior to their deaths. Aracely Erives and Amy Garvey killed themselves before they could be diagnosed and helped. Sadly, Andrea Yates was convicted by a Texas jury of the murders of two of her children by verdicts which did not recognize her postpartum disorder defense. The convictions are being appealed. Appendix 8N. The recent epidemic of deadly behavior committed by otherwise nonviolent, loving women during the postpartum period has forced our nation as a whole to acknowledge, at long last, the existence of such disorders. Unfortunately, the price of that enlightenment has been tragically high.

It would be even more tragic if the lessons to be learned from the deaths of these women and their children are ignored or misunderstood. Like Melanie, Aracely, Amy, Suzanne and Jennifer, Debra Gindorf's psychosis manifested in a resolution to take her own life. Unlike those women, however, Debra did not have a husband or other close relative to whom she felt she could entrust her children following her death. Debra also lacked the financial resources to obtain competent aid. Consequently, Debra decided to kill her beloved children and tried to kill herself while under the influence of a twisted system of logic controlled by her deranged postpartum mental state.

The enlightenment regarding postpartum disorders which has followed the deaths of the women and children alluded to herein must be applied to the living. Debra Gindorf, who is now 38 years old, has served nearly 18 years of imprisonment for murders which were causally related to postpartum psychosis. Today, she is fully recovered from the psychosis which triggered her homicidal and suicidal behavior. See Appendices 2J and 5A.

The evidence is overwhelming that Debra's criminal behavior was beyond her control, a radical departure from her fundamental nature and character, and virtually impossible to recur. Indeed, Debra has offered to be surgically sterilized, thereby reducing the possibility of a recurrence of a postpartum disorder to zero. See Appendix 6A. The extraordinary mitigating circumstances presented in this case make it one to which the mandatory natural life statute cannot, in good conscience, be applied. For the many reasons that follow, Debra deserves clemency in the form of relief from her sentence.

It is indisputable that Debra's criminal conduct was the tragic consequence of a severe mental disorder, most likely an undiagnosed and therefore untreated postpartum disorder.

At Debra's murder trial, the State's expert witness, Dr. Ronald Baron, and the defense experts, Drs. Lenore Walker and Sharon Strauss, all agreed that, after deciding to kill herself, Debra formed the unreasonable belief that it was necessary to bring her children with her to Heaven rather than leave them on Earth to live lives of misery and despair, as she then perceived her own life to have been. Appendices 3A at 4-5, 3B at 3-4, 3C at 6, 4A at 15-17. Even the State's own expert, Dr. Baron, concluded:

In my opinion the patient [Debra] qualifies for a voluntary manslaughter situation. If that were the charge to be brought under Chapter 38, Section 9-2b she would have believed that her life was so bad and the lives of the children would be so bad that it would justify or exonerate the killing, however that belief might be unreasonable. She thought she was acting under necessity and that continued living for herself and the children was a greater pain and injury than going to heaven, getting relief, and being together. It was only by sheerest accident that she vomited part of the medication she took so that she lived and the children did not. There was certainly extreme mental disturbance that should be considered in mitigation. . . .

. . . There is no question that this is a pathetic and difficult case. The fact of multiple homicide charges giving rise to mandatory lengthy incarceration represents a situation in the law which does not take into account multiple deaths in a suicide attempt. . . .Appendix 3C at 6, emphasis added.

Dr. Baron, was the only trial expert who did not find that Debra was in a psychotic state when she decided to kill her beloved children. Dr. Lenore Walker concluded that Debra fed the children sleeping medication during a psychotic episode. Dr. Walker diagnosed Debra as suffering from a post traumatic stress disorder related to Battered Woman's Syndrome, and the personality disorder of Borderline Personality, ". . .which can decompensate into psychotic states and then return to its own fragile composition." Dr. Walker concluded that Debra was legally insane when she committed the crimes. Appendix 3A at 4-5. Consistent with Dr. Walker's findings, Dr. Sharon Strauss diagnosed Debra as suffering from Major Depression with Psychotic Features and Borderline Personality Disorder. Appendix 3B at 3-4.

It is readily evident from the reports of all three trial experts that none found any reason to believe that Debra's choice to kill her children was malicious or cold-hearted or that the killings occurred in a moment of anger. Rather, all of the trial experts agreed that the killings occurred during a failed suicide attempt and were motivated by an unreasonable, possibly delusional or psychotic, belief that death offered Debra and her babies more happiness and less suffering than did life. Indeed, the trial judge found Debra guilty but mentally ill, thereby recognizing that she suffered from a mental disorder at the time of the crimes.

After Debra's unsuccessful direct appeal from her two murder convictions was completed, she happened to see a "Donahue" television show on the topic of mothers who kill their babies. One of the guests was former trial defense witness Dr. Lenore Walker. Dr. Walker referred to an unidentified Illinois woman whose circumstances were identical to Debra's as someone who had killed her two babies ". . . in a postpartum depression. . . ."

The comment stunned Debra, who recognized that the reference was made to herself. She began to investigate postpartum disorders. First, she contacted Depression After Delivery, Inc. (DAD), which then was a recently formed national educational and support group for women who experience a wide range of postpartum disorders. Through DAD, Debra learned that many new mothers develop mental and behavioral disorders during the year following childbirth. A small but significant number suffer acute effects which trigger horrible and bizarre acts, such as suicide or homicide. The more Debra learned, the more she was able to make sense out of what she had done.

Former appellate defense and present clemency counsel Kathleen J. Hamill assisted Debra in investigating the possibility that a postpartum disorder contributed to her mental state at the time of the killings. In 1989, Ms. Hamill contacted the two preeminent experts in the field of postpartum disorders, Psychiatrist James Hamilton and Clinical Psychologist Susan Hickman (both now are deceased). Since the early 1950s, Dr. Hamilton's practice included a sub-specialty in psychiatric illness related to childbearing. Dr. Hamilton published a large and influential body of work in the field of postpartum disorders. After learning many of the details of Debra's case, Dr. Hamilton agreed to review all of the trial experts' reports and other relevant, available materials to determine whether a postpartum disorder may have played a role in Debra's homicidal acts. Realizing that Debra was indigent and represented by court-appointed counsel, Dr. Hamilton waived all fees and performed his review for free.

In his report written on his review, Dr. Hamilton concurred with the trial experts' determination that Debra suffered severe depression at the time of the crimes. He cited indications that her depression had an organic component, and concluded that, ". . . in addition to the remarkably bad life situation, it is likely that postpartum organic factors contributed significantly to the depression." Appendix 2A at 3.

Dr. Susan Hickman was a recognized expert in the area of postpartum disorders who often was called upon to make clinical, academic and media presentations on the subject. She also reviewed the materials available about Debra and concluded that Debra appeared to have killed her children while suffering "a postpartum psychotic depression." Appendix 2B at 4.

Upon learning about Debra's case, Psychiatrist Marlene Casiano, a Chicago-area postpartum disorder expert, also volunteered her services to Debra. She, too, concluded that Debra acted in response to her irrational, delusional conclusion that her children's lives would never be any better and that the way to bring them to a decent life was through death, "as if death were the only answer." Appendix 2C at 3.

Attorney Hamill also contacted the two trial defense experts and asked them to reconsider their diagnoses in the light of what was known about postpartum disorders. As was indicated above, Dr. Lenore Walker already had belatedly connected Debra's circumstances with postpartum depression. In 1989, Dr. Walker submitted a letter to the Prisoner Review Board explaining that her former diagnoses of Debra were consistent with a postpartum disorder diagnosis and opined that Debra's criminal conduct was causally related to her postpartum status. Appendix 2F at 2. Finally, albeit without mentioning postpartum disorders expressly, Betty Lindquist, the Administrator for Dr. Sharon Strauss' psychological treatment group, wrote that the punishment meted out to Debra is totally inappropriate given the circumstances of "sadness and emptiness" in which Debra found herself and out of which she acted. Appendix 2G.

The above-mentioned experts all rendered their opinions in 1989, for the purposes of Debra's first clemency petition. When a second petition was filed in 2000, Clinical Psychologist Diane Sanford of St. Louis, Missouri, was asked to evaluate the case. Dr. Sanford currently is one of the most respected and often-quoted authorities on postpartum illness. Like all the other experts, Dr. Sanford concluded that Debra acted while suffering from a "major depression, severe with psychotic features with postpartum onset," and opined that the psychosis, "made it impossible for her to control her behavior and to be able to discriminate between right and wrong." Appendix 2D at 1 and 2. Dr. Sanford's report included a summary of the general lack of knowledge which surrounded postpartum disorders in 1985, when this crime occurred, and the progress that has been made in the field since then. She also tied together the reports of all of the experts who have reviewed this case, presenting a tight, clear picture of Debra's mental health in 1985; the tragic circumstances which contributed to her failure to get treatment; and, ultimately, to the deaths of her two children.

Dr. Sanford submitted an updated letter of support for the 2002 petition, which precedes her 2000 report in Appendix 2D. Therein, she recounted the horrific facts of Melanie Stokes' tragedy and noted the growing public awareness of disorders such as the one which afflicted Debra in 1985. Dr. Sanford concluded, "Public sentiment is changing. Now is the time to act. I respectfully ask that you grant Debra Gindorf full clemency."

Debra's case also was reviewed by Psychiatrist and postpartum disorder specialist Joan S. Haynes. In 2000, Dr. Haynes traveled from Georgia to interview Debra at Dwight Correctional Center. After reviewing the materials in the case and talking to Debra, Dr. Haynes joined the other experts in concluding that,

It was Debra's sincerest wish to kill herself and end her suffering and that of her two children in March 1985. Her event was not a gesture but that of an "altruistic" killing. Debra's world was perceived as such a bad place that she didn't want her children to experience the painful moments any longer. It was her strongest belief that life in heaven would be best for them. At that moment, Debra's "real and logical" thoughts were, instead, psychotic and distorted.

Dr. Haynes described Debra as follows: Upon examination, Debra presented as a tall, slender 36-year old white female, neatly groomed, with good eye contact. Her speech was rapid but was coherent and intact which was relevant to my visit. Her mood was euthymic [in the normal range] if not bright. Affect was full and appropriate. No psychotic symptoms were noted. Insight and self-awareness were good.

I found Debra to be extremely engaging, even though she says that's not usual with strangers. Her attitude was positive and she has a strong understanding of current events and the illness she endures. She has educated herself on the perils of ppd [postpartum disorders].

Appendix 2E at 1 and 2.

Dr. Eric Ostrov, who is both a psychologist and a lawyer, evaluated Debra's case for the purposes of the third petition, waiving his fee and offering his time pro bono. Dr. Ostrov began his written evaluation with the observation that he was not predisposed to sympathize with someone who had killed small children. He labeled Debra's conduct "per se horrific." Appendix 2J at 1. Nevertheless, like every other professional who has considered this case, Dr. Ostrov concluded that, "Ms. Gindorf's killing of the children should be seen as a suicide attempt that evolved into homicide, not a planned murder." In her mind, the killings and suicide made sense and were acts of love. Appendix 2J at 5. He opined that, "A case could be made that her depression and psychosis made her unable to know right from wrong at the time," but acknowledged that the point now is moot, given the trial judge's findings. Nevertheless, Dr. Ostrov asked, "Does an act, however horrific, performed by a chronically severely emotionally disturbed person-driven by events in her life and biochemical changes induced by pregnancy to become psychotic and suicidal-merit being confined to prison for life?" Appendix 2J at 5.

When Debra's third clemency petition was filed, Dr. Ronald Baron joined the outcry for her release. As was mentioned above, Dr. Baron testified as an expert for the State at Debra's murder trial. In his letter, Dr. Baron reiterated his finding that, at the time of the offenses, Debra,

. . . had been severely depressed, had made six previous suicide attempts, and was marginally functional. She had been deserted by a young alcoholic husband and was faced with raising a three [sic] year old daughter and a three month old son. She was suffering from a severe post partum depression, took the lives of her children, and then attempted to kill herself. Unfortunately, she survived her suicide attempt and turned herself in to the police. . . .

Appendix 2I at 1.

Dr. Baron believed that Debra's mental state did not qualify her for the insanity defense; however, he also believed that "she thought this was the right thing to do." Apprendix 2I at 1. He further noted that,

[e]veryone involved in the trial, the Assistant State's Attorney and the Judge wanted some lesser sentence aas there were certainly mitigating circumstances. However there was a mandatory sentencing law concerning multiple homicides and against his better judgment, the judge had to impose a life sentence.Appendix 2I at 1.

Dr. Baron concluded his letter calling for the Governor's compassion and a humanitarian touch to correct what he characterized as "a miscarriage of justice." Appendix 2I at 2.

Dr. Baron is president of the Illinois Psychiatric Society. His colleague, Dr. Nada Stotland, a past president of the same organization, also reviewed Debra's case, without charge, for the purposes of the third clemency petition. She, too, opined that, "There seems to be no doubt and no dissension about the fact that she killed her children while in the grips of acute and chronic mental illness that distorted her perceptions, thoughts, feelings and behavior, in the genuine belief that she was doing the best thing for them, and with the willingness to be dead and in heaven with them." Appendix 2K at 1. Dr. Stotland concluded,

As a physician who has spent my professional life diagnosing, treating, learning about, and teaching about, the very real, agonizingly painful, and treatable mental illnesses of women, I join the many experts who have asserted that Ms. Gindorf's crimes were committed as a result of mental disease, and ask that you demonstrate the enlightenment of Illinois by putting our knowledge into practice. . . . She did not know the difference between right and wrong when she committed those acts, but now we do know right from wrong. The current state of affairs is wrong, and you the power to make it right. Apprendix 2K at 1-2.

There are absolutely no evidentiary grounds on which to disagree with the conclusion reached by all of these experts-including State trial expert witness Dr. Baron-that Debra killed her children as part of her own suicide attempt, believing that they all would be far better off together in Heaven, rather than remain on earth to live lives of misery and suffering. Drs. Hamilton, Hickman, Casiano, Walker, Sanford, Haynes, Ostrov, Baron and Stotland have further concluded that Debra's decision to act was made during an episode of postpartum depression or psychosis. No expert who has examined the case has rejected a postpartum disorder as the cataclysmic trigger to the tragedy. However, even if Debra's postpartum state was merely a contributing factor and not the direct cause of her decision to act, all of the experts agree that Debra's conduct was not malicious but loving, and that a severe mental disorder was at the heart of her fatal decision-making process. These circumstances render Debra deserving of mercy and clemency.

Why the presence of a postpartum disorder is a substantial mitigating factor.

Most pregnant women and their families expect the birth of their babies to be followed by months of tranquil satisfaction and joy. However, up to 80% of new mothers experience the "baby blues," a temporary period of weepiness and irritability. From 5% to 20% of new mothers experience a more severe form of the "blues," referred to as postpartum depression, or PPD. PPD, which typically manifest during the first nine months after giving birth, Appendix 8A at 2 and 8L at 3, is characterized by persistent negative feelings of anxiety, hopelessness, guilt, insomnia, lack of motivation and, sometimes, thoughts and fantasies of harming herself or her baby. A conservative estimate is that one in 1,000 new mothers experience the extreme symptoms of postpartum psychosis (PPP): hallucinations, paranoia and delusional, suicidal or homicidal thoughts. Although the symptoms are severe, they remit after a short period of time. Appendices 8B at 1-2, 8G at 3, 5-6, 12.

Postpartum psychosis does not have a single etiology; rather, several causal factors are hypothesized. Associations have been found with such psychosocial factors as marital status and social support systems. At the time of the instant homicides, Debra Gindorf was recently divorced from a battering husband and bereft of any meaningful social support whatsoever; consequently, the psychosociological factor of lack of connection and support was present in this case. Some genetic factors have been postulated; however, postpartum disorders appear to be less genetically linked than are other psychotic illnesses. Debra's family history of postpartum psychosis is not known. However, Debra does have a family history of depressive disorders, including a grandmother who was institutionalized for that condition. Biological factors such as the sudden change in hormone levels after childbirth are suspected of having a role in postpartum disorders. Debra's last severe depression began shortly after the birth of her son, possibly due to the hormonal shift she experienced after delivery. Sleep deprivation also has been identified as a trigger for psychotic states. Certainly, as the single parent of a 3 month old son and 23 month old daughter, Debra was likely to have been suffering from sleep deprivation at the time of the homicides. Appendix 8G at 9-11.

The Newsweek article found in Appendix 8B of this petition was one of the first to appear after the tragic events of May and June, 2001, which were alluded to at the beginning of this petition. The authors discussed the case of Melanie Stokes, the 41 year old Chicago woman who jumped to her death from the ledge of a 12^th story window just three months after giving birth to a long-awaited and much loved daughter. Like Debra, Melanie, who was the wife of a surgeon, became severely depressed after delivering her baby. She was treated for depression, but the depth of her mental disorder was not detected. Her tragic suicide has been attributed to postpartum psychosis, to which she succumbed despite being surrounded with medical assistance and a loving, supportive family. See Appendix 8L. Melanie's story, as well as the chillingly similar story of Jennifer Mudd Houghtaling, yet another middle-class mother of a long-awaited, much loved first baby who deliberately met her death in front of a CTA train a month after Melanie died, were both featured in front page articles by the Chicago Tribune on February 16 and 17, 2003. Appendix 8A. The articles explain, in excruciating detail, the torment suffered by Melanie and Jennifer before their suicides. Amazingly, both women were beautiful, accomplished, mature adults, happily married, surrounded by extremely supportive family and friends. Both were diagnosed with postpartum depression, hospitalized and treated. Nevertheless, both were driven to slip away from their families and to find their deaths in horribly violent ways.

Neither Melanie nor Jennifer harmed their babies. However, Melanie's mother, Carol Blocker, testified at the hearing held before the Prisoner Review Board on Debra's third clemency request that, shortly before she disappeared, Melanie tried to get her relatives to let her take her infant daughter with her. Fortunately, her request was refused and she died alone. Nevertheless, Carol expressed to the Prisoner Review Board her fear that, had the baby been surrendered to Melanie, their family could have been faced with a double funeral.

The Newsweek article also discussed the highly publicized case of Andrea Yates, the Texas woman who drowned her five children, including a six month old daughter, in the family bathtub. Like Debra, Mrs. Yates was viewed by all as the ultimate loving caregiver before her descent into homicidal madness. Like Debra, Mrs. Yates had a history of depression. Again, the killings appeared to have been directly connected to Mrs. Yates' postpartum state. Appendix 8F at 4-10; and see Appendix 8C.

The thought of a mother having infanticidal tendencies is horrifying; however, experts agree that a woman who suffers from a postpartum disorder and who kills herself or her child often believes, in her confused, delusional state, that what she is doing is best for her child. The killing is not done out of hate or self-interest. While the victim is the child, the situation is not one of child abuse. A woman who abuses her child knows she is hurting the child. Experts agree that women such as Debra, who harm their children while suffering from a severe postpartum disorder, are unable to appreciate fully the effects of their actions.

Recognition and treatment of postpartum disorders in England and Canada.

As early as the fourth century, Hippocrates described postpartum depression and the symptoms associated with it. Appendix 8G at 1. Nevertheless, for the greater part of the 20^th Century, postpartum disorders have been virtually ignored by the American medical profession and, consequently, by the American public.

Unlike the United States, England and Canada long have recognized postpartum psychosis and depression. English and Canadian women are carefully watched for signs of postpartum disorders. Those who display symptoms routinely are given hormone injections as prophylactic treatment. Several English hospitals offer mother-baby units for in and out-patient treatment of mothers who suffer from postpartum disorders. Because the medical communities in England and Canada readily acknowledge the existence of postpartum mental illness, awareness is passed on to pregnant women and their families, greatly increasing the possibilities for early detection of symptoms and prompt seeking of adequate treatment.

The criminal justice systems in England and Canada also address the unique circumstances surrounding infanticides that occur during the postpartum period. Under the Infanticide Acts of 1922 and 1938, in England, if a woman kills her child within the 12 month period following its birth, the law presumes that a charge of voluntary manslaughter rather than murder, is appropriate. Women who kill during the postpartum period and are convicted of voluntary manslaughter typically receives a sentence of probation and treatment. Appendix 8F at 5. The English law recognizes the existence of postpartum disorders and their effects; namely, that women suffering from the disease often have distorted perceptions of reality and, consequently, no effective control over their actions. The same is true in Canada. Appendix 7B.

Recognition and treatment of postpartum disorders in the United States.

The United States has not been as responsive as England and Canada have been in respect to postpartum disorders. Appendix 8F at 7 and 9. Nevertheless, during the past 15 years, our country has progressed in recognition and treatment of postpartum disorder victims. In 1986 and 1987, two postpartum support groups, Postpartum Support International and Depression After Delivery, were founded. Both organizations have grown at an exponential rate and have helped educate and support thousands of women suffering from postpartum disorders. Appendix 2D at 3.

In 1994, for the first time in history, the American Psychiatric Association recognized postpartum onset as a mental condition in its Diagnostic and Statistical Manual IV (DSM IV). The DSM IV states,

Infanticide is most often associated with postpartum psychotic episodes that are characterized by command hallucinations to kill the infant or delusions that the infant is possessed, but it can also occur in severe postpartum mood episodes without such specific delusions or hallucinations.

Appendix 7A.

It is likely that this belated recognition of postpartum disorders by the American Psychiatric Association has influenced the increasing acceptance of postpartum disorders by the medical and legal communities.

The American legal community also is responding, albeit slowly, to the medical community's recognition of postpartum disorders. In 1987, California initiated a Task Force to consider how postpartum illness was being handled in criminal cases. Based on recommendations from the Task Force, California passed legislation to ensure that new mothers suspected of infanticide receive immediate and intensive psychiatric evaluations. Appendix 2A at 2.

More recently, two members of the U.S. House of Representatives co-authored a resolution to require health care providers to educate and screen pregnant and postpartum women for postpartum disorders. Dr. Haynes, one of the experts who has evaluated Debra, testified before Congress on behalf of the resolution. The resolution, House Resolution 163, passed on October 10, 2000. Appendix 9A. Like resolutions have been passed in West Virginia (House Resolution CR 47, passed March 11, 1999), New Jersey (House Resolution A-2775, passed in October, 1999), and Rhode Island (House Resolution 315, passed on June 27, 2001).

Following the May, 2000, death of Melanie Stokes, a second resolution was presented to the U.S. House of Representatives by Congressional Representative Bobby Rush (D) of the 1st District of Chicago, Illinois. Like the previous resolution, it mandates education and intervention designed to address and, when possible, to prevent, postpartum-related suffering. At this time, the resolution is still pending. If passed, House of Representatives Bill 2380, which is named for Melanie Stokes, could have a profound impact on postpartum social support, treatment and research. Appendix 9B.

The Illinois Legislature also may be confronted with similar proposed legislation later this year. The Illinois Psychiatric Society is currently in the process of drafting a bill to submit to lawmakers addressing many of the concerns and needs which relate to postpartum disorders, including the need for criminal code reform. Dr. Joan Anzia and Dr. Laura Miller, two Chicago area psychiatrists, are heading that effort.

Postpartum disorder awareness also has come to the attention of mainstream media. In 2000, entertainer Marie Osmond came forward with the story of her personal struggle with postpartum depression. Appendix 8E. Osmond tells her complete story in her recently released book, Behind the Smile: My Journey out of Postpartum Depression, Warner Books, May, 2001. Although Osmond did not kill anyone, she experienced a terrifying psychotic episode following the birth of her son, during which she abandoned her seven children with a sitter and took off alone.

Marie Osmond's revelations increased general awareness of the existence of postpartum disorders and legitimized the disease in the minds of many ordinary Americans. The recent events during June and July, 2001, which began with the suicide death of Melanie Stokes, and continued through the Andrea Yates case in Texas, finally brought postpartum disorders out of the closet and into the light of understanding in this country. Indeed, even Debra's case was revisited with sympathy by the Chicago Tribune, which featured an article on her on the front page of its Sunday paper. See, Julie Deardoff, "A Second Look at a Mother's Crime," Chicago Tribune, June 24, 2001, in Appendix 5B. And most recently, the denial of Debra's third request for clemency twice has been criticized by Eric Zorn in his regular column, which appears in the Metra section of the Chicago Tribune. Appendix 1, which is in the back of this petition.

Given the fact that the medical and legal communities in this country have only recently begun to confront and address postpartum disorders, it is not surprising that no one diagnosed Debra at the time that she killed her children or at the time of her trial. It is not surprising that the Illinois Prisoner Review Board and Governor James Thompson rejected her request for clemency made in 1989. It even is not surprising that her second request for clemency was rejected in February, 2001, still four months before the tragic events which finally opened the eyes of the general American public to the existence and legitimacy of the diagnosis. However, in January 2003, with the benefit of all that has been learned-much of it in the hardest way possible, through the tragic loss of lives-Governor George Ryan's failure to view Debra's story in a compassionate, understanding and merciful light, was inexcusable. Governor Ryan's denial of the third clemency petition betrayed the intelligence and human decency of the citizens of the State of Illinois. The same error cannot, in good conscience, be repeated.

A natural life sentence is disproportionate to sentences imposed for similar crimes.

Debra killed her children while her judgment was either obliterated or least significantly impaired by a severe postpartum disorder. However, even if that mitigating factor had not been present, her sentence of natural life in prison was inappropriate for her crimes. Comparison of Debra's sentence to those received by others who have taken the lives of their children establishes that a natural life term is a disproportionately severe penalty.

First, it should be considered that Debra's sentence is even more severe than the term imposed upon Andrea Yates in Texas. Yates killed five children, ranging in ages from six months to seven years, by drowning them, one by one, in the bathtub. Her jury rejected her insanity defense and also failed to find her guilty but mentally ill. Thus, unlike Debra, she was found simply guilty. Nevertheless, under Texas law, her "natural life" term includes an opportunity to apply for parole after 40 years. Appendix 8N. Debra, on the other hand, is presently condemned to die in Dwight Correctional Center.

The second comparison which demonstrates the disparity is made to sentences received in Illinois by defendants who have killed their children. In 1998, the Chicago Tribune did a study of the killing of every child under 15 in the Chicago area in 1993. There were 65 such deaths involving 63 killers. Appendix 8D. Unlike Debra, the killers studied had "shot, beaten, shaken, strangled, stabbed, burned, hanged, scalded, and starved" their victims in some of the most inhumane ways imaginable. And yet, virtually all of them received far lighter sentences than Debra, who painlessly took the lives of her children while she herself was suffering from a rare, curable form of postpartum disorder. The Tribune reported that over 1/3 of the killers had been released, thus serving less than five years. Only 28 of those 63 killers received sentences of more than 20 years; and only two of those 28 received life sentences. Appendix 8D at 8-10.

There also is a startling disparity between Debra's sentence and the sentences that other women have received for killing their children while suffering from postpartum psychosis. In the period between 1983 and 1988, Daniel Maier-Katkin, then the head of the Department of Administration of Justice at Pennsylvania State University, observed approximately 15 cases in which women raised a defense of postpartum psychosis. Of those women, roughly half were found not guilty by reason of insanity; a quarter received very light sentences such as probation, and the remainder received heavy sentences, which Maier-Katkin defines as eight to 20 years in prison. In a later study by Maier-Katkin, 24 maternal infanticide cases were tracked through the legal system. Ten of the 24 cases studied were resolved with findings of not guilty by reason of insanity or guilty but mentally ill. Of the guilty but mentally ill, only Debra Gindorf received a life sentence. Six of the remaining nine women received mental health treatment for very short periods of time and one was sentenced to eight to 20 years. Appendix 8F at 7-9.

Consistent with the foregoing are statistics compiled by the late Dr. Susan Hickman, who was a specialist in postpartum disorders and postpartum cases. Significantly, Dr. Hickman's focus was on cases which were resolved between 1983 and 1988, the very era during which Debra Gindorf was convicted and sentenced. Outcomes ranged from verdicts of not guilty by reason of insanity to 20 years in prison. Not one woman on Dr. Hickman's list was sentenced to natural life in prison. Appendix 8O.

These statistics illustrate the great disparity that exists between Debra's sentence and the disposition of similar crimes. This disparity is unconscionable and reflects a serious flaw in our judicial system. DePaul University Professor Michelle Oberman (J.D., M.P.H.), a national expert in the area of infanticide and the law, has submitted an expert opinion in support of Debra's clemency petition. Therein, she discusses in greater detail the gross injustice of Debra's mandatory natural life term. Appendix 2H. When viewed in the light of the exceptional mitigating circumstances of Debra's life at the time of the killings and also today, it is apparent that justice demands that clemency be granted in this case.

Why Debra's mandatory natural life sentence is not appropriate.

It is important to recognize that Debra's sentence was not the result of an exercise of judicial discretion. The judge had no choice but to sentence her to natural life. Debra was found guilty but mentally ill of the murders of her two children. That finding required a determination that she committed the offenses while afflicted with a mental illness which impaired her judgment. Ill.Rev.Stat. 1985, Ch. 38, §6-2(c) and §115-4(J). However, Debra also technically qualified for a mandatory natural life sentence under Ill.Rev.Stat. 1985, Ch. 38, §1005-8-1(a)(1)(c), solely because she was found guilty of having murdered more than one person. Consequently, the sentencing court had no discretion to consider its own finding that she suffered from a significant mental illness or any other mitigating factor in determining her sentence. Had the judge had discretion, he could have sentenced Debra to a term within the statutory range then available for murder: 20 to 40 years. Ill.Rev.Stat. 1985, Ch. 38, §1005-8-1(a)(1)(a).

It seems unlikely that the court would have imposed a natural life sentence on Debra, if given the discretion not to do so. Even the State's expert witness, Dr. Baron, opined that neither the trial judge nor the prosecutor favored so severe a penalty, given the amount of mitigation presented in the case. Appendix 2I at 1.

Debra was not a mass or serial killer from whom society requires the highest level of protection; namely, removal for life. She was not motivated to commit homicidal acts by anti-social, humanity-hating sentiments. Rather, the experts agree that she made her horrible, tragic decision to kill herself and her children while suffering from a severe mental illness which was directly related to her postpartum state. That mental illness has been identified as a postpartum disorder. It has causes which can be (and in Debra's case, have been) eradicated by time and treatment. Today, at age 38, Debra no longer suffers from postpartum depression or psychosis. Appendices 2J and 5A. Indeed, she is far less likely than the average woman to fall victim to such a disorder because she knows of the dangers.

The Illinois Constitution provides that "[a]ll penalties shall be determined both according to the seriousness of the offense and with the objective of restoring the offender to useful citizenship." Ill. Const. 1970, art. I, § 11. Similarly, our sentencing code states that its purposes are to: "

(a) prescribe sanctions proportionate to the seriousness of the offenses and permit the recognition of differences in rehabilitation possibilities among individual offenders;

(b) forbid and prevent the commission of offenses;

(c) prevent arbitrary or oppressive treatment of persons adjudicated offenders or delinquents; and

(d) restore offenders to useful citizenship.

730 ILCS 5/1-1-2(d) (2002).

Our legislature may be justified in its belief that, in the vast majority of cases, a person who kills more than one victim would be so depraved and dangerous to others that the likelihood of rehabilitation would be minimal and the risk presented to society great. Where the offender fits that description, his or her permanent removal from society arguably would be a way to achieve our legitimate sentencing goals. However, the capacity to cast too wide a net is inherent in every mandatory sentencing scheme. A system which uses mandatory minimum terms must include a fail-safe which prevents blind application of the law to cases where the defendant might technically qualify for a term, but where the sentence cannot, in justice and fairness, be carried out. Clemency is the fail-safe device for our system of justice. The citizens of this State depend upon the Governor and this Board to recognize the rare case where the law as it is written does not result in justice.

Clemency does not excuse conduct, nor does it neutralize the punishment a petitioner such as Debra already has experienced as a result of her prison sentence. Indeed, if Debra were released in the year 2003, she would have served, (with day for day credit), the equivalent of a 36 year prison term. If she is held in prison until 2005, she will have served the equivalent of the maximum term available for murder in 1985. Debra committed her crimes while mentally ill. It is inhumane for our State to punish Debra until the day that she dies for conduct she committed while her capacity to reason was seriously impaired.

At the time that Debra killed her children, she was not acting with criminal intent. Rather, she believed that her actions were both right and necessary in order to protect her children from the worse fate of surviving Debra's suicide. Review of Debra's children's baby books and photo albums is all one needs to realize that, absent the mental state induced by postpartum factors, Debra never would have contemplated killing her children. See Appendix 4C and the baby books and photo albums which are exhibits accompanying this petition. The books and albums are meticulously maintained, filled with handwritten entries and captions which reveal how Debra's children delighted her and how deeply she cared for them.

It also must be recognized that prison is not Debra's primary punishment. Prison has deprived Debra of her youth and all of the experiences that a free person in their 20s and 30s can expect, such as mature relationships with others, advanced education and the establishment of a career; however, those losses pale when compared to the inner prison from which Debra can never be released. Every day of her life, Debra must confront and endure the unalterable truths that her precious children are gone and that they died at her own hands. The State of Illinois cannot impose a worse punishment. Debra's continued imprisonment will not deter others similarly situated to her from committing murder. The prospect of a natural life sentence has little effect on a mentally ill person, particularly one who is suicidal and afflicted with a postpartum mental disorder, any more than the prospect of a violent death deterred Melanie Stokes from falling from the 12^th story window.

Debra's continued imprisonment also is not required to protect society from her. Prior to the instant murders, Debra had no criminal record and no history of violent behavior. While in prison, Debra has received no tickets for violent behavior. The danger of Debra committing another crime upon her release is almost nonexistent. Now turning age 38, Debra has no interest in becoming pregnant again; indeed, she offers to be sterilized to ensure that such a thing will never occur. See Appendix 6A.

Finally, it should be recognized that, due to Governor Ryan's orders commuting the sentences of every inmate on death row to natural life, Debra's term now is the same as that given to persons convicted of the most brutal and heinous killings which have been committed in this State. The disparity in the natures of Debra's crimes and those of many former death row residents is self-evident and gives rise to yet another reason for finding that a natural life term is grossly unjust in this case.

Debra's present mental state.

Appended to this petition is a letter from Edward A. Loew, M.A., LCPC, CCHP. Mr. Loew has provided Debra with individual therapy at Dwight Correctional Center since her arrival there in 1986. In his letter, he recounted Debra's mental and emotional journey from her condition then, which was sad, depressed, angry and guilt ridden, to her present state. Mr. Loew stated that Debra has worked diligently to understand herself and resolve her many issues. He acknowledged that she remains remorseful, suffers pain when discussing her children and wishes that her children, rather than herself, had been spared death as a result of her actions. However, he also cited the many significant strides she has made in therapy.

According to Mr. Loew, Debra does fall into depression, usually triggered by difficult circumstances of life in the penitentiary. Her depression leads her to contemplate her children and the cycle of depression begins. However, Mr. Loew found that, today, Debra is able to think clearly and realistically about her situation. She has progressed in understanding the reasons behind her depression, as well as her actions towards her children.

Mr. Loew concluded as follows:

It is my opinion that currently, Mrs. Gindorf does not pose a significant risk to herself or to others at the current time. Her thinking appears to be clear and she has definitely gained a great deal of understanding of her past actions and how they impact on her current situation. Her thought process has improved significantly since I began to see her and it is anticipated that she will continue to benefit from therapy.

Appendix 5A.

Mr. Loew has known Debra for most of her adult life. No therapist can speak with more information or authority regarding her mental state, past and present, than can he. His letter acknowledged that she has some issues to resolve; however, it also evidences his confidence in her ability to function outside the prison setting without presenting danger to herself or society.

As part of Dr. Eric Ostrov's pro bono assessment of Debra's case, he traveled to Dwight twice, on March 4 and 20, 2002, and spent a total of seven hours interviewing and testing Debra to determine her present fitness, should she be returned to society. Dr. Ostrov wrote:

My results show, as others have found and attested to, that Ms.Ginsdorf [sic] is a very different person now. She is no longer severely depressed. There is no evidence at all of psychosis. She has become more centered and mature. There is no evidence of her acting out in a malicious way in the prison setting. She has formed stable and loving relationships that show her emergence from her Borderline condition. She has worked in a reliable and effective way and gone to school. The mental state and circumstances that led her to kill are far behind her. Were she to be released, she would pose no discernible threat at all to those around her or society in general.

In addition to Dr. Ostrov and Mr. Loew's assessments, Debra has written a description of her current mental state. She states,

I have matured, not just in age but in including who I once was and who I am today. I have done so through many means-through schooling, research, therapy and/or other programs. I've reached a better understanding of myself and the events in my life . . . .

Appendix 6A at 2.

She acknowledges that she will carry her loss and her awareness of her "horrendous act" forever, but she expresses confidence in her ability to pursue a life of purpose and meaning. Thus, there is every reason to believe that Debra has the mental and emotional capacity to face life outside of Dwight Correctional Center.

Debra's plan for a life outside prison.

Debra has a strong support system composed of closely connected friendships both inside and outside the walls of Dwight Correctional Center. It must be recognized that one of the factors which contributed to 20 year old Debra's decision to kill herself and her children was her lack of close connection with family and friends. During her years in prison, Debra has learned how to form close, lasting, mature friendships.

One of those friends is Joyce Cook. Joyce met Debra in 1996, while she herself was serving time at Dwight for a retail theft conviction. Joyce's crime occurred during a very low point in her own life. Upon leaving prison, Joyce recreated her life. She returned to college and attended classes in business management. Her new credentials enabled her to be hired as a manger for a national car wash chain. She also worked for the Discover credit card company. In addition, Joyce obtained a license to be an insurance provider in the state of Illinois and worked for a large insurance company. Thereafter, Joyce fulfilled a personal dream by obtaining training and licensing for over the road semi-truck driving. She immediately was hired by a trucking company. Today, Joyce is gainfully employed full-time in the Streator, Illinois, area.

It is readily evident that Joyce Cook is a woman who has had the experience of successfully rebuilding her life after having been released from prison. Joyce is ready, willing and able to bring Debra into her own home, which is located in Streator, upon Debra's release and to guide her through the process of obtaining training and employment in the field of Debra's choice. In her letter supporting this petition, Joyce details the groundwork she already has laid for Debra's return to society. Joyce has provided Debra with job listings to give her an idea of the choices that exist in this new millennium. She has sent Debra copies of the Streator local papers, to give Debra a feel for and knowledge of the community she will be living in. She has located job placement services which, upon being told of Debra's situation, have expressed a willingness to accept her application and assist her in finding work.

Joyce has ascertained that Debra qualifies for federal student financial assistance in this State. There are three colleges in the Streator area: Illinois Valley Community College, Heartland Community College and Rhema Christian College. All have informed Joyce that Debra would be accepted into their programs. Joyce also has helped Debra obtain copies of her social security card, birth certificate, school records and other documents which will be needed for application processes at schools and places of employment.

Realizing that Debra's transition from prison inmate to free citizen will be stressful and recognizing Mr. Loew's opinion that Debra may still benefit from therapy, Joyce also has addressed Debra's possible need for mental health counseling and treatment. She has located several agencies in the Streator area which specialize in postpartum disorders, including North Central Behavioral Program, Choices of Ottawa and Catholic Social Services. Joyce also has spoken to Dr. Sarah Allen, who is the coordinator for the Illinois Chapter of Postpartum Support International. Dr. Allen is willing to refer Debra to support groups, treatment agencies and experts, should the need arise. Joyce also has located area medical doctors who are willing to accept Debra as a patient, including Dr. Pamela Kidd of Pontiac and Dr. Carl Mattioda of Streator. See Joyce Cook's letter in support of this petition in Appendix 6B.

It is hard to imagine a more competent and determined supporter than Joyce Cook. Her letter of support for this petition not only outlines the plan for Debra's reentry into society. It also sets forth her motivation, which is her knowledge of Debra's character and personality. Joyce has found Debra to be a generous, caring, loving friend who freely offers support and advice to others. She enjoys Debra's company. She admires Debra's courage. She values Debra's insights, gained from her years of suffering. Speaking from her deep knowledge of Debra's nature and character, Joyce expresses an abiding faith in Debra's ability to become a productive member of society.

Another long-time friend of Debra's, Michelle Ferreira, also has come forward with a generous offer of support. Michelle describes herself as a "college graduate, homeowner, and financially secure." Appendix 6D at 1. Should the need arise, Michelle is willing to take Debra into her Mt.Vernon, Illinois, home and provide her with financial support, as well as aid in finding employment or arranging to attend one of the two colleges in her area. Michelle understands the nature of Debra's crimes and the problems she will face as she attempts to orient to life outside prison after so many years behind bars. She states, "I personally feel that her release is long overdue and I would welcome her with open arms. . . I am willing to assume whatever responsibilities are required from the moment of Debra's release." Appendix 6D at 1and 2.

In addition to Joyce Cook and Michelle Ferreira, other friends of Debra have pledged to be available to her for support. Jane Lowry is available for letters and phone exchanges. Appendix 6E. Debra's former appellate counsel and author of this petition, Kathleen J. Hamill, has remained in contact with Debra since her work on the appeal. She is dedicated to assisting Debra, both during her time at Dwight and upon her release. Kathy will continue to provide Debra with friendship and support throughout her life. Moreover, the members of the Committee to Free Debra Gindorf will be available as a supportive network, willing to advise Debra and assist her in establishing herself in the free community.

Thus, there is every reason for the State of Illinois to have confidence that, if Debra is released from prison, it will be into a life full of possibilities and support. There also is every reason to believe that she is mentally and physically fit. Debra is up to the challenge of a creating a new life outside of prison and functioning as a fully contributing member of society. Indeed, she already has put a good forward in that direction. According to the president of Lake Land College, where she has taken classes through Dwight, Debra's recent academic achievement placed her "among the top performers at the College." Appendix 5C.

Debra's request for clemency has strong community support.

Debra's third and fourth clemency efforts were facilitated, to a great extent, by the Committee to Free Debra Gindorf, a grassroots organization of Illinois residents who came together in reaction to the denial of Debra's second clemency petition. The committee members are, for the most part, not affiliated with any postpartum-related organizations. They are retirees, school teachers, therapists, business people, lawyers, engineers, blue collar workers, technicians. Many are parents and grandparents. They are taxpayers with a major concern as to how their tax dollars are spent. They also are citizens who do not approve of the use of this State's police power to incarcerate a person such as Debra Gindorf, for her natural life, for crimes which occurred under the circumstances that are described in this petition. The committee continues to solicit support through the Free Debra web site: http://www.freedebra.org.

Members of the committee, as well as several other Illinois citizens, wrote letters of support for the third petition. Those included letters from women who are incarcerated with Debra at Dwight, people who described her nonviolent, compassionate character and behavior. Numerous letters also were submitted by members of national and international and Chicago area postpartum organizations. Those included several from mental health professionals who are trained in the diagnosis and treatment of postpartum disorders. Letters also were written by women who describe, in graphic detail, their own experiences of postpartum depression or psychosis. Copies of the letters that were submitted last year are in the "letters" envelope which accompanies each copy of this petition. If additional letters of support are received subsequent to the filing of this fourth petition, they will be submitted as supplements and can be added to the envelopes.

It is readily evident that Debra's cause has been embraced by the international postpartum community. Debra's plight will continue to be of major concern to the members of those organizations, to the members of the Committee to Free Debra Gindorf, and to Debra's many personal friends until she has been granted some form of relief from her natural life sentence.

Conclusion.

The treatment of criminals has evolved considerably over time. In the Elizabethan Era, many people lost their heads, hands, were subject to torture and public humiliation for crimes which are probationable under our present criminal code. For example, the punishment for theft of property worth more than 12 pence was death by hanging. Today, we are shocked and repulsed by such disproportionately harsh punishments. We condemn less developed societies which still mete out cruel, inappropriate penalties for crimes which we now recognize can be dealt with in a far more humane fashion.

The cusp of mental illness and criminal behavior is one which our legal system struggles to address. It may well be that, five hundred years from now-or one hundred, or maybe even ten-people will look back on how the State of Illinois responded to crimes such as those committed by Debra Gindorf and shake their heads in disbelief, just as we do now when we regard the crude approach to justice employed in Elizabethan times. In the future, our society may well be shocked by our present failure to recognize the significant mitigating factor of severe mental illness. People of the future may wonder why our system of justice did not distinguish between persons who committed homicides while motivated by an evil, anti-social mind set and those who did so due to a serious but temporary lapse of reason.

The recent cases of suicides and homicides committed by women during the postpartum period have awakened the medical and legal communities, as well as the general public, to the reality of the existence of postpartum disorders. That Debra's suicide attempt and her conduct which resulted in the deaths of her children occurred during the postpartum period was a significant mitigating factor which the trial judge was not informed of and, by law, not allowed to take into account when imposing Debra's sentence. This is a case where the mandatory natural life statute cast too wide a net.

One of the Illinois citizens who has written a letter in support of this petition is Carol Blocker, the mother of postpartum victim Melanie Stokes. Mrs. Blocker wrote,

Dear Governor,

Postpartum psychosis is an American tragedy. A woman goes through hours of terrible labor then because of a hormone imbalance the new mom is in terrible trouble. Because of this terrible, untalked about illness, women have gone untreated. Someone is going to die-the mom, the baby or both. It seems that their death has to be violent.

How do I know? My wonderful daughter jumped to her death after she had her first child that she wanted all of her life. Postpartum psychosis has robbed my granddaughter of her beautiful mom.

I have gone public because my daughter turned into another person. I could not save her or reach her. Every woman in jail for killing their baby should be retried and treated.

Debra Gindorf should be free, and the other women should have another trial with a team of doctors there to explain this illness.

Sincerely,

Carol Blocker

Appendix 6C.

Carol Blocker's daughter did not die in vain. Her tragedy awakened the public to the existence of postpartum disorders. This awakening comes 17 years too late for Debra and her children; however, this Board and the Honorable Governor of the State of Illinois now have an opportunity to rectify some of the wrong that has been done to them. For all of these reasons, and in interests of fairness, mercy and forgiveness, Debra Lynn Gindorf respectfully requests that she be granted clemency in the form of commutation of her natural life sentence to time served; or modification of her sentence to a term of years with an out-date, or any other relief which is deemed appropriate.

Respectfully submitted,

Debra Lynn Gindorf, Petitioner

By: ______________________________________________

Kathleen J. Hamill, Assistant Defender

OFFICE OF THE STATE APPELLATE DEFENDER

2010 Larkin Avenue

Elgin, Illinois 60123

(847) 695-8822

Catherine W. Joyce

Karen Caraher Quirk

WINSTON AND STRAWN

35 West Wacker Drive

Chicago, IL 60601

(312) 558-5600

Counsel for Petitioner

This petition was prepared with the assistance of Fletcher P. Hamill,
Assistant Defender, Office of the State Appellate Defender.

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