Prosecutor Profile - Paul A. Logli

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Paul A. Logli

IN HIS NEARLY 20 YEARS as state's attorney, Paul Logli has noticed a philosophical metamorphosis in the role of a prosecutor. "Today, more than ever before, prosecutors are expected to be true leaders in the community. We are leaders in our jurisdiction, not only prosecuting crime but spearheading crime prevention efforts. At the state level, we are active in bringing about changes through legislation -- educating our legislators on the real impact of proposed legislation, which may be far different from their intention." A case in point:

"The Illinois legislature, in its continuing efforts to bring about death penalty reform, was considering legislation to impose a new standards burden of 'no doubt' of guilt at the sentencing phase-in death penalty cases. We prosecutors worked hard at opposing this new burden that, quite simply, in our view had the hidden intent of repealing the death penalty. We argued, successfully, if it is your intention to repeal the death penalty, then repeal it -- but don't muddy the waters by adding this new, untested burden of 'no doubt' of guilt for jurors to then ponder after having just convicted the defendant 'beyond a reasonable doubt."' After passing in the Illinois House, the proposed legislation was defeated in a Senate committee.

NDAA's new president, Paul Logli, was appointed state's attorney for Winnebago County, Illinois (pop. 287,000), in 1986 to fill the unexpired term of his predecessor. To date, Logli has been re-elected five times, unopposed each time save for his first election in 1988. The county seat, Rockford, located about 70 miles west of Chicago, is the state's third largest city. The office has a county-wide jurisdiction to prosecute not only felonies (about 4,000 per year) but also misdemeanor and traffic offenses committed by adults; present delinquency, abuse and neglect petitions to the juvenile court; advise county officials in legal matters; defend the county against civil lawsuits; and assist in the involuntary commitment of mentally ill persons into a mental health facility. The office also handles building code, zoning and public health matters. Currently, Logli supervises a staff that includes 45 assistant state's attorneys and 40 support staff.

Logli previously served as a judge of the local circuit court for nearly six years.

The Innocence Project and its brethren is an area in which Logli has a keen interest, advising that prosecutors must be ever-vigilant. "Prosecutors bear the burden of doing justice. It has many components, not the least of which is being aware of the strengths and weaknesses inherent in the various types of evidence: DNA, fingerprints, eyewitness identifications and confessions. We need the ability to assess evidence, which includes an understanding of law enforcement training and techniques. Seasoned prosecutors must step up to the plate, training and mentoring our younger counterparts not just on recent court rulings and new legislation, but also by maintaining an ethical atmosphere in our offices. It isn't about winning at all costs -- it is about doing the right thing for the right reason and doing it well."

A relatively new movement in police procedures is the taping of suspect interrogations in all homicide cases, which became mandatory in Illinois as a result of legislation effective July 1, 2005. Six months earlier, commencing in January 2005, Winnebago County became a test site for a pilot program requiring the video- or audiotaping of suspect interviews in all homicide cases. Logli states, "A bit hesitant at first, I found that taping these interviews has turned out not to be a barrier to effective law enforcement. True, there are some logistical concerns, such as which room at a police station is best suited to meet the needs of the officers, the subject and the equipment, but by and large, these have been relatively simple matters to address. Plus, the subject is free to say 'no' to the request to tape the interview. I look forward to seeing how this new requirement affects our cases. We at NDAA will be tracking this information at the national level as well."

Abused and Murdered but Not Forgotten

It is the type of case that makes for nightmares, even for the most seasoned prosecutors -- the horrific, brutal murder of a young child at the hands of a caregiver: Paul Logli remembers it well.

In March 1990 little Carrie Lynn Gaines went missing under suspicious circumstances. Five and one-half years later, in October 1995, the toddler's mother would finally lead police to the makeshift grave, a two-foot deep hole dug in a neighbor's backyard. The forensic pathologist determined that 22-month-old Carrie had sustained eight rib fractures, a fractured femur and a fractured clavicle, all in varying stages of healing, and that the child had suffered from battered child syndrome. He further stated that the cause of death was multiple instances of blunt trauma to the chest and abdomen.

The mother's boyfriend, Richard L. Howard, stood trial on charges of first degree murder. Prior to trial, the defense filed two motions in limine, one to exclude evidence of abusive behavior occurring on dates other than those alleged in the indictment; the second to exclude expert testimony on the issue of whether the mother suffered from battered women's syndrome. In response, the state argued that the evidence of other violent incidents of the defendant's behavior was relevant to show intent. In addition, the state argued that the expert witness testimony was necessary to help explain the mother's failure to report the victim's death. The trial court ruled that defendant's prior acts against Carrie Lynn would be admissible as well as the prior acts of violence against the mother.

Following a conviction on first degree murder, the defendant appealed. The court held that the trial court had abused its discretion in allowing the expert testimony on battered women's syndrome, causing substantial prejudice to the defendant, and remanded the case for a new trial. Interestingly, the court also noted that the remaining evidence was sufficient for the jury to conclude that the defendant was guilty of first degree murder beyond a reasonable doubt.

On remand, the defendant ultimately ended up pleading guilty to first degree murder and was re-sentenced to 45 years in the Illinois Department of Corrections. In December 1997, Rockford's Children's Advocacy Center was named the Carrie Lynn Center and dedicated to the memory of the little girl who was brutally murdered, buried in a back yard and virtually forgotten.

Dedicating the center, Logli said:

Today, on behalf of the people of Winnebago County, we dedicate this children's center to the memory of Carrie Lynn Gaines. Abused in life, forgotten in death, her memory will now be kept alive. We further commit this building to serve the people of our community by responding to the special needs of child victims of crime; to help heal their hurts, nurture them and grow them strong.

Today our prayer is that some day this building will be empty and unused. That the day will come when all children will be protected and loved and that they in turn will protect and love those that follow them, one generation after another.

In the coming months, NDAA President Logli foresees helping to bring about positive changes for prosecutors. "We need to deal with the CSI-effect head on. TV and movies are entertainment, real-life trials are anything but. It is important to network and share with other prosecutors effective strategies to counter jurors' unrealistic expectations fostered by these fictionalized versions of crime-solving techniques."

"Additionally, we now have in place a network, if you will, of media savvy prosecutors who can act as mentors to others suddenly thrust into the limelight by a case which has caught the attention of the ever-intrusive media eye. The focus is no longer limited to larger jurisdictions. Small-town prosecutors with limited resources can find themselves the center of a national, even international, news story. It is a daunting enough task to handle the day- to-day caseloads a prosecutor faces so assistance in handling the media in major cases is the least we can do for our fellow prosecutors."

When handed the NDAA gavel in Portland, Maine, on July 18, 2005, his wife and children at his side, Logli realized it was the apex of his professional career. "I look forward to traveling the country over these next months, speaking to state prosecutor associations and working hard to affect legislation in Washington, D.C. I am excited about the new steps NDAA is taking in bringing quality education directly to the desktops of America's prosecutors. I will be working hard to increase our membership. As we grow in numbers, we grow in strength. We will raise up our voices and we will be heard."

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