death penalty news August 12, 2004
ILLINOIS: State will not seek the death penalty in Cacharelis murder Cook County prosecutors announced recently they will not seek the death penalty for accused killer David Kraybill, who is awaiting trial on charges that he shot and killed his lifelong friend in Winnetka last year. Assistant State's Attorney Mike McHale, who has handled the case since Kraybill, 41, was extradited from Wisconsin in March, said the state will instead seek a life sentence. McHale wouldn't comment on how prosecutors came to the decision. Kraybill's next court date is Aug. 31. Police arrested Kraybill in February near his Madison home on first-degree murder charges stemming from the February 2003 slaying of 40-year-old Joel Cacharelis in Winnetka. Cacharelis's body was found face down near the Skokie Lagoons, shot 11 times. He was awaiting trial himself on burglary charges for a series of break-ins in Winnetka and Glencoe. Prosecutors say a pair of gloves found at the scene contained traces of DNA that links Kraybill to the crime. A spokesperson for the Cook County State's Attorney's office would not comment on the procedure for deciding whether to seek an execution. "It's a decision that's up to the state's attorney himself with the consult of his top advisors, but the actual factors and decision-making process we never discuss," he said. By law, prosecutors must file a motion regarding their intent to seek the death penalty within 120 of arraignment. Jane Bohman, executive director of the Illinois Coalition to Abolish the Death Penalty, said in Cook County there are more than 170 motions now filed by prosecutors seeking the death penalty in murder trials. McHale said he is currently involved in five capital cases. (source: Glencoe News)
