It begins again - 2008

Each year the Mayborne Family has to gear up, once again, to fight the potential release of their father and husband's killer. The votes have been close and cannot be taken for granted. Petitions are already being circulated, law enforcement families and officers are preparing to support the very simple, profoundly felt, stand they take each year: Theodore Bacino should never be set free. He killed Michael Mayborne in cold blood, a law enforcement officer trying to stop him from the bank robbery and kidnapping spree he was on that day. He is still, to this day, not telling the truth about his culpability.

The Prisoner Review Board is not supposed to release anyone for whom the release would "deprecate the seriousness of the original offense". If you agree, as we do, with most Americans that killing a police officer is among the most serious of offenses, please send a letter to the Prisoner Review Board demanding that they not free Mr. Bacino. The hearing is May 13 2008.

If we do not stand up for law enforcement who put their lives on the line for us every day, then how can we ask them to stand up for us? Read below about the history of this case, the issues, and then CONTACT US to oppose this release.

Final Resolution 2007

June 14, 2007 the Illinois Prisoner Review Board (PRB) by a one vote margin voted to deny parole for the 27th time to Theodore Bacino. Two members of the victims family, daughters of murdered Sheriff's Deputy Michael Mayborne, were in attendance, after working for months to oppose the parole.  Sadly, the whole process will begin for them again in just a few short months.

See the extensive coverage at the Rockford Register Star which includes most enlightening audio clips of the various speeches made by PRB members speaking for and against his parole.

Significant public protest (4000 plus letters) included law enforcement, the victims' family, the public from the Rockford area, and the news media speaking with one voice that to murder a law enforcement officer deserved the most serious sentence in prison, was heard by many members of the PRB.

Of special note was the fact that Mr. Dunne, who had voted for Mr. Bacino three times in the past, changed his mind and this time voted to deny parole, based on his hearing in person this year for the first time the testimony of the victims and the many members of law enforcement that spoke about the wide-ranging negative impact that the murder of Michael Mayborne had. He spoke of what he had learned about the importance to law enforcement that they felt the government was behind them and protecting them as they protect us, when explaining the change in his vote.

We agree with this rationale above all others. PRB enabling statutes are clear that no one is to be released if it "deprecates the seriousness of the offense." For this reason alone we think that only extraordinary circumstances would allow the early release of a "cop-killer" in this way. Onto that we add the other points of concern made in articles below.

And, still 6 members of the PRB voted to release Mr. Bacino. Chair Jorge Montes, Geraldine Tyler, Craig Findlay, Jesse Madison, and two others. Against parole were Robert Dunne, Salvador Diaz, Nancy Bridges-Mickelson, Thomas Johnson, and others. We will be seeking minutes with names to post on this website in the near future with more details.

We respect the vigorous and agonizing discussion of the issues - Mr. Bacino's declining health, his changed life, and his family waiting for him at their farm home. It appears that the key deciding factor was the strong feeling in the general public that murdering anyone in law enforcement in cold blood requires life sentences. 

We particularly were concerned about a complete misunderstanding and stereotyping of victims families by the PRB Chair Montes (listen to the audio tapes) where he dismisses the concerns of those most impacted by the crime saying "it can't ever be left up to victims because then no one would ever get out." Victims do not always oppose release plans of offenders. Nationally there are more examples that we can cite of either victims who are neutral and detached from the process, or that actively work with offenders on re-entry. We invite Mr. Montes to learn more about the wide range of victim responses to crimes, including the many of us who do work in Restorative Justice.  Victims' responses to crime are as broad and varied as the human race is. To have them dismissed so simplistically further demonstrates why we have proposed that the PRB make changes in its victim relations. In particular, this comment may have further added to the discomfort of the victims present who were not allowed to speak at all, and who reported being fearful of even coughing at the wrong time for fear they would be removed. 

When listening to the tapes we also observe that Mr. Montes, of all the voices on the board on either side of the parole debate, seemed to be alone in basing his argument on his own "conscience", not instead as all the others seemed to, on exterior factors, interpretation of enabling statutes, and factual considerations. The enabling statutes of the PRB make clear the supposedly objective criteria for release decisions regarding the indeterminately sentenced cases. This reinforces our concern we already expressed after the 2006 filming of the Chicago Tribune-featured documentary film of "The C Number" in which Mr. Montes calls himself personally an "advocate for Mr. Bacino". Members of the taxpayer funded PRB should do their job with objectivity. They should not be championing the cause of any prisoner.

The Mayborne family has asked that they be allowed to move to an every three year evaluation, which is an option allowed the process under law. Having now faced this nightmare process for 27 years, we feel this decision should be granted, and is long overdue. Especially because of the many delays, 5 postponements, each "one year review" ends up taking almost half of the year of the victim's family's time and energies. This is nothing short of torture, and we urge quick action for the family and for the public. Otherwise, the process will begin again in just a few short months.

This is just one more reason that we hope the Long Term Prisoner Study Committee of the Illinois Legislature comes up with a different model for the remaining almost 300 indeterminately sentenced prisoners - something that does not require victims families to have to re-live all the tragedy, and gear up for some horrible fight every single year.

We wish to at least offer a positive message in this horrible situation in which there are no winners, only losers. Mr. Bacino, we hope you will somehow get this message - that you can do a great deal of good from your prison cell. Mr Bacino is doing what is best for the victim's family, the law enforcement community, and the Rockford area community by serving his sentence honorably. He should ask his family members to not make any contact pressuring the victims' family anymore regarding the parole process. He should commit himself however he can to making the victim's family' life as pain free as possible, given what pain he has already inflicted on them in the past. We hope that he will be willing and allowed to offer the benefit of his experiences over the years to other, younger offenders. 

In the remaining years, it is best to focus on supporting the needs of the family that still suffers from the trauma of all this. Many of us who are victims of traumatic loss understand that often the best way to respond to tragedy is to focus on being of service and helping others like us.

See news coverage below.

The victim's daughter Jennifer was present at the en banc hearing on June 14, and she sent her notes from the meeting. We see that she had many questions. We have sent a letter to the Chairman of the PRB, Mr Montes, and the Victim Coordinator Linda Badger, suggesting that the PRB institute new protocols in handling victims, especially so they would not have these kinds of questions going into a hearing - they would have victim relations staff accompanying them all through this trying process, just as county based victim advocates all over the state go with victims when they go through a trial. Instead, they were alone, in what they felt was hostile territory; one family member was emotionally upset, and their questions went unanswered. We list them now and will answer the ones we can.

1. There were only 13 board members present. ED NOTE: The board should have 15 members now but only has 14 since the Senate disapproved of John Stenson's re-nomination by the Governor. One member must have been out sick, we imagine.
2. What would have happened in a case of a tie vote? The vote was 6-yes 7-no. I think shows the importance of having all 15 members present.
3. Who was the missing member? And which way has that person voted in the past?  ED NOTE: No matter how many Prisoner Review Board members are present or absent they still have to earn 8 votes for release. We think this is as it should be. But Board member Craig Findlay and others have expressed support  for a proposal from prisoner advocacy groups to make the vote a simple majority of those present. We do not support that proposal because it would eliminate the balance that the designers put into the enabling statutes - that of 8 and 7 appointed of each political party, depending on the party of the Governor in power. Those who are asking for the "simple majority of those present" option to change in law are trying to find ways to make prison release easier. The only way to know which member was absent would be to request the meeting minutes, which are public record. Voting records can be obtained that way also.
4. Mr. Madison stated Bacino did not use alcohol as an excuse for his crime when questioned by Mr. Diaz, but Mr. Madison seemed to choose that as an excuse in his top reasons presentation for parole. ED NOTE: We understand that the one PRB member handling the case makes a recommendation based on their research into their cases. We support proposals from States Attorneys all over the state that there be no less than three PRB members on a given review to hopefully lessen this sense that the PRB member is becoming an advocate for the offender.
5. We sent a protest packet to all board members. I saw only 5-6 board members having those with them. ED NOTE: NO issue is more important to us - the enabling statutes of the PRB require that board members give "consideration" to the materials presented in protest to a release. We know that there was a huge public outcry against this parole and wonder once again if each board member has obeyed the law in this regard and given full consideration to all the protest materials that were entered.
6. The board was aware victims were going to be present at this hearing and we did not encounter a victim liaison to help guide us through the process and what to expect at the en banc hearing. ED NOTE - as above, we strongly suggest that the PRB change their practice in this regard. It is very traumatic for victims to go through these hearings - they should be provided professional support at least while they are in the PRB offices, and in advance of coming so as to minimize re-traumatization.
7. Bacinos parole plan seems to have a big hole in it.  That being he seems to have convinced most board members that he his far too unhealthy to sit in prison and serve his time for a crime he committed, BUT he is healthy enough to become a farmer and feed the pigs and cows.  If I am not mistaken it takes great physical labor to become a farmer and lift heavy buckets of seed and bales of hay.  It takes great physical strength to be able to maneuver farm equipment.  Simple maintenance on a farm even requires good health and physical strength.
8. Madison “joked” unless Bacino will be robbing pigs and cows I feel he is no threat to society and would not commit crime no further.  To this I say “A 70 year old very ill man picked up a gun committed a crime and killed a police officer in the line of duty.  I believe he seems perfectly capable of committing further crimes. ED NOTE: One of the reasons that we have offered professional victim sensitivity training to the PRB is because of what appears to be an lack of awareness of how even "jokes" like this can deeply upset victims families. This kind of banter and flippant way of addressing a case appears unprofessional and can be hurtful if victims families are present.
9. His family members have a history of crime and drugs. What kind of influence will that have on Bacino?
10. Mr. Dunne pointed out that a letter advocating his parole from Prentice Marshall does not apply to 1970 statutes.  I feel Mr. Dunne discredited this letter.
11. Does he have any current and up to date letters of recommendation for parole? ED NOTE: We would like to know this as well - should not all materials on either side of the case be made fully available for all to view?
12. Montes practically bragged that the Illinois Prisoner Review Board has released 23 cop killers in the State of Illinois that have served less time than Bacino. ED NOTE: First the obvious questions arise - when were those other "cop-killers" released? What were the facts of their cases? Perhaps they were not the deliberate and multiply aggravated killing that this case was? The facts of those cases could be quite different. Or it could be what the US Supreme Court has often cited as "evolving standards" in its rulings, and in this case it is clear that the public standards have been evolved for quite some time that "cop-killers" should be treated in the most serious manner possible in sentencing.
13. Mr. Montes assumed from Jim Sacias letter because he called the Bacino family constituents that “what he took from Sacias letter is that the family is highly regarded in the Leaf River Community.  If I am not mistaken a Senator or Representatives calls everybody who lives in a community a constituent?

He has been denied parole 26 times continuously, why can we not get a 3 year extension

ED NOTE: Since we know the PRB has the option to grant three year reviews instead of annual reviews, and since this family had to spend 6 full months of this year fighting the many delays in this case, only to face this nightmare to begin again in a few short months, we suggest that the victims family request in writing that they receive the three year review option. If the PRB refuses to grant this, we ask that they receive the public information about which families have been granted the three year options and which ones have not, and what were the criteria for each decision. This is and should be public information. We support this family and their quest to find the truth of this whole process. The public must be kept aware of the workings of this board since it has no accountability mechanisms above it, other than removal by the Governor.

Previous Update:

On Thursday June 14, 2007, after multiple postponements that have been very hard on the victim's family, the hearing and vote by the Illinois Prisoner Review Board is scheduled to finally take place. The victim's family will be present, and there is planned news media coverage already from major media outlets from the northwest part of the state.

We urge the public to take action as discussed below, and note that already over 4000 letters opposing the release of Mr. Bacino have been received by the Illinois Prisoner Review Board.

We do not know if they will even be read by the members of the PRB, but hope they will change their practices and all fully read and consider the opposing documents submitted by the public, as we believe their enabling statutes require them to.

We are keeping the family of Michael Mayborne in our thoughts and prayers as they go through this trying time, still suffering the consequences in their lives of the actions of Mr. Bacino thirty years ago.  See excellent local editorials below.

Background:

On March 15, 1974 Theodore Bacino shot and killed a young police officer near Rockford, IL.  Now, the Illinois Prisoner Review Board is seriously considering his release after promising the family years ago that his crime was such that he would never be released.

Chicago Tribune Story  if the story is no longer available on the Tribune Website, click here.

Bacino is one of the 300 remaining C# prisoners in Illinois, those sentenced to lengthy prison terms prior to 1977 when the sentencing protocols in Illinois changed from indeterminate sentences -- sentences of a range of years with parole eligibility available to the inmate in order to lessen the sentence -- to determinate sentences of a specified number of years that must be served. 

In the determinate sentence model, certain crimes were sentenced with the opportunity for the inmate to reduce the term by 50% with one day of good behavior good for one day of reduced sentence.  Other, more serious crimes were eligible only for a 15% reduction with 85% of the sentence served.  The most serious crimes, most notably murders of the most serious nature, were not eligible for good time reduction and were often given life without parole sentences or sentences amounting to a natural life term.

Also in the determinate sentence model was a reduction in the overall sentence structure so that the term of years given more accurately reflected the actual time served for comparable offenses including parole.  Thus, the determinate sentence reduced the expense of extremely long-term sentences served when parole was denied, allowed many inmates the opportunity for release earlier than would otherwise be possible, more equity in often unfair and egregious discretionary sentencing decisions, and reduced the expense of a parole system that had to consider virtually every prisoner's case on a recurring basis.

In the case of Theodore Bacino, he was given a sentence of 75 to 100 years with parole eligibility starting after 9 years.  Since Bacino killed a police officer in the course of a robbery, it is important to note that Bacino would be convicted today of Capital Murder, carrying with it a sentence of death, or alternatively Life Without Parole.  Comparing apples to apples, rather than saying that Bacino has served more time than other C# prisoners, one should say that he is fortunate that he was not serving most of those years on death row.

Now, there is a move to allow Bacino to be released.  Leading members of the Prisoner Review Board have stated their support for his release, and several C# prisoner advocacy organizations are working for his release, as well.

Chicago Tribune Video Documentary on Parole in Illinois Featuring Bacino's Case

WREX Rockford Channel 13 TV story about the case

What About the Victims?

Sadly forgotten in the case of Theodore Bacino are the victims of the police officer, Michael Mayborne, who was shot and killed thirty years ago.  We have had several communications with the Mayborne family who have stated that they have not received written notice of parole hearings in this case, as is required by law, since the 1990's when they were told that they didn't have to worry about Bacino ever being released.  At one point, notification of the hearings stopped, a violation of their rights as victims, even though the hearings continued.  

The first time they realized that release was possible in this case was when the Chicago Tribune published the story cited above in February 2007.

Furthermore, notification of the upcoming hearing on March 14 was conducted by telephone and not in accordance with the specifications as spelled out in the statutes concerning the Prisoner Review Board and those protecting the rights of victims.

The family of Michael Mayborne has received an overwhelming show of support from friends and neighbors in Rockford.  Local businesses are posting petitions for citizens to sign, the Rockford press is covering the story, the Illinois Chapter of Concerns of Police Survivors and many other victim activists are coming to their aid.

Update as of May 2007:

Because of the attention to this case generated by the Chicago Tribune documentary, the Rockford area news media, and the courageous efforts of the victims' family, and with help from this website, the Illinois Prisoner Review Board (PRB) have begun to be more attentive to the cries of the victim's family. We are concerned about the fact that the PRB seems to be most responsive when there is public pressure exacted on a case, and we worry about what might be happening in the cases where there is not currently as much media attention being paid.

For the second time in several months, the case has been continued into June.

And there are other minor and major concerns with how the victims family has been treated in this entire case. We will be detailing those concerns in a meeting with the PRB chairman Jorge Montes on May 31.

The victim's family has requested that they not be continually placed in this situation, where they have to constantly call and not get information or straight answers for weeks on end, and then have the matter postponed once again. This has been a nightmare of re-traumatization for the victim's family. In fact the family has been told to call back again and again, while the statutes make clear that it is the PRB's entire responsibility to do the contacting. It is clear that the statutes were written to minimize traumatization on victims' families in this regard.

The family has filed a request that they go every three years for parole review in this case instead of every year. We understand that this is an option that the family is entitled to and we urge the PRB to look hard at what this family has to go through, year in and year out, and in recent months, and grant them this option.

We are re-affirmed in our position stated in a letter to the Illinois General Assembly's Long Term Prisoner Study Committee  that something should change in the way that indeterminately sentenced prisoners are reviewed because the process is incredibly and unnecessarily hard on victims' families, who have suffered far too long and far too much.

What You Can Do

On March 14, 2007 at the Dixon Correctional Center, Theodore Bacino had another parole hearing.  We have variously been informed that the parole hearing may be continued to a later date, or that it will take place as scheduled.  Accurate information has been hard to come by.

UPDATE: PRB member Dunne heard testimony from the victim's family in March and PRB member Madison heard information from Mr Bacino also recently and will be presenting his case. The enbanc hearing has now been continued again into the month of June, a second continuance.

The surviving family members of the victim, Michael Mayborne , a large number of law enforcement personnel, and victim activists were there protesting Theodore Bacino's release.  The media from Rockford has been covering our efforts.  We believe that his release would be an insult to the family members of the victim, an affront to law enforcement and the judicial system, and a miscarriage of justice.

THE PRIMARY REASON that we believe the PRB should reject his parole effort, however, is because Mr Bacino himself is still claiming, falsely, that the actual shooting that day happened as a result of an up close struggle, but eyewitness and physical evidence, and indisputable court records demonstrate that in fact Michael Mayborne was shot from 30 feet away in cold blood.

We do not believe that Mr Bacino is the changed person he claims to be if he is still making this case.

THE OTHER MAJOR REASON that this petition should be rejected is because PRB guidlines clearly state that if the release deprecates the seriousness of the original crime it should not be allowed. Theodore Bacino murdered a police officer in cold blood who was warning him down. He had many opportunities that day to slow down or stop the trail of crime he was on that day. The murder of a police officer usually carries life or death sentences throughout our nation. The original sentence clearly intended for him to stay in for life.

A FINAL REASON that the PRB should reject the parole appeal is that the release of the offender would result in serious trauma to the community. The family of Mr Bacino has been calling and pressuring and harassing the victim's family members. They have not shown the restraint that reassures the victim's family that they will have any peace in the years to come from the Bacinos. And literally thousands and thousands of signed petitions from the Rockford area community have been delivered to the PRB stating quite clearly that they completely reject the notion that Mr Bacino, whose case they know well, belongs back in that community. Law Enforcement in particular has been united and vehement that such a release would be a serious violation of their already too difficult work.

We invite all interested members of the general public to make their desires known to the PRB.  If you are interested in helping us with this protest, please e-mail us.

We also invite you to write letters to the Prisoner Review Board or call their victim toll-free number at:  1-800-801-9110

IL Prisoner Review Board
319 East Madison Street, Suite A
Springfield, IL 62703
Phone: 217-782-7273
Fax: 217-524-0012

Please note that in our opposition to the release of Theodore Bacino, we cite the from Article 3 from the Illinois Combined Statutes on the Parole and Pardon Board, Section 3-3-5, (c)(2) which states that:

(c) The Board shall not parole a person eligible for parole if it determines that:

(2) his release at that time would deprecate the
seriousness of his offense or promote disrespect for the law

We will be watching closely what the Prisoner Review Board does in this case and how they treat victims and family members in the future. 

This is a letter of support written recently to Michael Mayborne's daughter, Jennifer, describing what an extraordinary man her father was.

Hi Jen, ...I wanted to tell you in my words the impact your Dad played in my life.

I don't know if remember this story so I thought you might find it interesting. I started to think allot about your Dad because of everything going on with Bacino and the 40th anniversary of the tornado.

You already know how the storm impacted Jane and me over the years to come. But you might not know how your Dad had a role in helping me deal with the long term problems.

Your Dad was a tough, "matter of fact" guy with a strong will. He took charge in most situations and went head strong without totally thinking out his actions. He hated when someone was tampered when a good kick in the ass would fix the problem. Well, I experienced the wrath of your Dad's boot and his tough love approach.

You know how much he meant to me but I don't know if you full understand why.

After the tornado everything changed for Jane and I. Before we were the typical fearless kids and after afraid of even a cloudy day. Jane seemed to heal much faster in time but my problem manifested into something worse. Professionals claim a tragic event like the tornado imprint something in our memories and can result in long term problems. Some people have the natural ability to over come the effects and others the problems get worse. I my case the problems existed and became more then just bad memories of the storm. Jane feared bad weather but I feared more and the problems continued to worsen over time.

The family moved from Belvidere to Rockford in 1969 about two years after the storm. I had a tough time dealing with the move. Actually, my first encounter with my new illness came a month before our move. I went on a canoe trip with a church group and some friends from the Belvidere neighborhood. About two days into the trip, I had my first encounter with something new. Something that overcame me like a speeding truck and more scary then ever. I got an overwhelming sense of fear and loneliness that turned into a major panic attack. The adults on the trip didn't know what to do but tried to help. They had no idea what was causing the problem and figured it was a simple case of homesickness. They and others convinced me that my feelings were not manly and I was acting like a small child. So not to embarrass myself I covered my feelings and completed the trip.

For the next year of two I struggled with the problem anytime I was away from home. I excused myself from many chances to be a regular kid and have fun for fear of having another attack. Well, the problem never got better and my thoughts were now focused on how to end the problem. It was time for me to change schools and start Middle School at Jefferson. Your Mom and Grandma know very well what happened next. Grandpa traveled allot and was almost never around when the shit hit the fan.

I first acted like I was sick and when that excuse was no longer good I just plain refused to go the school. The panic attack was overwhelming and complete. It ran my life and everything I did was a result of it's control. I would hide somewhere in the house on Dartmouth Drive every morning so I won't have to face the evil that threatened me. As the situation developed I would start running away each morning. Grandma was at her limits in dealing with this problem. She couldn't fully understand why I was this way since Jane seemed fine. So she dismissed that the tornado was the reason for this problem and thought I was just acting like a baby. Grandpa also struggled with the problem and it embarrassed him. You know how tough he was and to see his son act like this wasn't a good thing.

Eventually, my parents decided to ask the school for help because of the obvious problem. So they decided to hold me back one year and keep me in sixth grade. That didn't solve the problem but I had friends in that grade and it seemed to control the attacks. After sixth grade it was time for me to again change schools. The summer break went by very fast and the last month I spent thinking entirely how I would face the change. Instead of thinking of all the good things about the change and being a boy, I was working out my escape. I knew just hiding in the house would not be any good. So I immediately started running the first day of school. But this would not be acceptable anymore. I truly believe once the running away option was over the only thing left was ending my pain forever. I actually, had this these thoughts since the illness was so bad and I wanted it to end.

This is when your Dad entered my story in his normally tough and aggressive way. He was like a bulldog when it came to a subject he felt strongly about. He and I had a good relationship and he seemed to like taking me with him in the police car and on special "Mike" missions. He once took me to the Police Crime Lab and a few times on patrol. We also worked on his old blue "Jimmy" truck in the driveway of the Bennett Street house. He loved that old truck and got in trouble for buying it from your Mom. But he always found ways to make extra money by working overtime or volenteering for special duty like the Diving team and Bomb Squad. He even installed flag poles for uncle Herb that I helped him with. He was so funny to work with because of his temper but he became my best friend. I looked up to him for his toughness. He was my impression of a real man and he earned a place in my hero's list which included Grandpa, Uncle Rik and of course John Wayne.

Your Mom and Dad took Jane and I camping allot in Wisconsin. They were so poor during this time and you and Kim were just babies. Before one camping trip your Dad and I went to a fishing store, I think Bass Pro Shop on North Second. He wanted to buy a set of waders for a upcoming camping trip. He had very little money so he bought a used pair. He promissed me not to tell Terry in his own special "In you Face" way. When we went camping that weekend he strapped on the waders and into the lake. The waders leaked badly so he spent the next few hours patching the holes. It was funny when it happened and I remember he got pissed at me for laughing at him. Again, I was told not to tell Terry about buying leaky waders.

I think it was the second day of school when I really decided to run far away. The first day, Grandpa found me and took me home. The second day I left for school and kept going. I walked from our house on Dartmouth to River Lane and Forest Hills. I think I was about 14 then. When I got that far away I got scared and called Grandma from a pay phone. I was crying and asked her to have Grandpa come and get me. Grandpa was gone on a business trip so Grandma contacted your mom. The next thing I know Mike pulling up in his Chevy unmarked police car. I knew my problem was no longer between me and my parents. If Mike was now involved, I was instore for some major shit.

He took me over to his house on Bennett Street. The ride was silent and he hardly spoke. I was crying a bit and asked if he would take me home. He said, your Mom and Dad are no longer capable of handling your problem and have asked me to help. Now, I knew I was in major trouble. We arrived at the house and never made it inside. He held me against the wall of the house on the porch and began to tell me the new rules. How he was now going to fix my problem. My parents were no longer in charge. He was in my face big time and holding me from moving an inch. Even Terry got a little concerned with his words and actions and asked him to cool off. He snapped back at her and told her to stay out of this. I remember him telling her, I was babied too much and that was the problem.

It really scared me and I saw a part of him I didn't know before. I think that is what frieghtened me most. What was he capable of doing if I didn't follow his rules. He told me he would take me to school and remain in school taking me from classroom to classroom. He did exactly that and escorted me for the next few days. Once I seemed adjusted he stopped but with a threat to continue if I missed any school. I became afraid of him and also loved him like a new big brother. At first, it was all fear but over time I understood what he had done for me. He never said much to me after but I know he was proud I became a football and baseball player at school. He shocked me out of my fears of a little boy and help me adjust into a normal young mans life.

On March 15th, 1974, I was in the gym for high school baseball practice. It was too cold outside so the coach had us pitchers practicing in the gym. I remember looking over at my coach and seeing Uncle Herb taking to him. The coach waved me over and I thought for the moment I was in trouble or something. The coach told me there was a family problem and I was excused. Herb didn't tell me what had happened until we got in the car, actually his Mid City Stationers van. I first thought something was wrong at home with Mom or Dad. He told me Mike had been shot and told me the story as he knew it. I didn't know he was instructed not to tell me Mike's condition by your Mom. That she wanted to tell me. I asked Herb several times during the ride how Mike is but he said he didn't know.

I thought we were going the the hospital but instead we went to Bennett. Then I knew in my mind when I saw all the cars and police vehicles what had happened. Your Mom met me on the very porch just a few years back Mike intervened in my life. She was crying and told me Mike was gone. We had the story from Mike's partner Bill Burgess what had happened that day and how Mike was killed. I don't remember my feelings or crying that night. I do remember the service for your Dad was awesome with many police cars. People lined the streets on both sides North Second to pay their respects. It was a very moving time. Another thing that is very clear for me was seeing the other officers crying as they stand as honor guards by your Dads casket. One officer, Gary Gay was so bad someone came to releive him from his post. Gary ended up leaving the Sheriffs department to work for Boone County.

I think your Dads loss didn't really hit me until about two weeks later. Fred Spear, a friend of your dad and local news man for WROK radio was part of a memoral basketball game at Boylan. The proceeds went to your Mom. The gym was packed to watch the police play against the media. After the game several people spoke about Mike. When Fred spoke about Mike he began to struggle with emotion. He too shared my feelings about Mike. He said the same words I wanted to say but couldn't. I began to cry and couldn't stop. It was so bad it embrassed Grandma and she told me to settle down. Others in the gym began to take notice even the speakers on the gym floor. Terry moved to my side to comfort me and some officers did too. I think the crying (balling) continued until the service was over and I really feel I had lost control. But the feelings were bound to rise to the surface and come out. It just happened in a very public place in front of hundreds of people.

Mike would have been proud I made it through school which came a year after his death. He would have also liked that I was helping Terry with the yard and house chores. But I had lost one of my major heros in my life and nothing would ever be the same again. I told myself, I would honor his life by being a man he would be proud to call a friend. Honor him like the brother he was and for the help he gave me. I would never forget him and continue to keep him in my thoughts each day of my life. Finely, I wanted to pay him the respect he earned by giving my second born son his first name. So, each day his name would be spoken from my lips. You know my Mike has always wanted to be a police officer and I think it's because he understands the importance of the name he shares with your Dad.

Your Dad didn't cure my fears but put me on the right tracks again. He didn't take away the bad memories of the tornado but helped me deal with them. They would return later in life but Mike gave me the strength to combat the panic like a man and not a boy.

I owe your Dad my life for I was headed down a very dark road.

Ken Anderson
Matt Anderson
Mike Anderson

And here is another letter in support of the victim's family, from law enforcement colleagues in the Las Vegas Metro Police:

Dear Mr. Anderson. I respect your fight against the parole of Bacino. Following is a copy of an e-mail I sent to the Governor. I hope it helps. I will also CC. the letter to the Chicago Tribune.

My purpose is to protest the parole of inmate T. Bacino #C02070. The man was convicted of murdering a police officer and was sentenced. He should serve his entire sentence. As a Police Sergeant, I can tell you, in my experience, a majority of our violent felons today are repeat offenders, committing their crimes while still on parole or probation. If Bacino is paroled, it would take only a minor crime for his parole to be revoked. Possibly not even a crime, but simply a violation of his
parole stipulations. If he is revoked, who will be taking him back into custody? I can assure you he will not want to go back. Will he surrender? How would you like to be the one knocking on his door to take him back to prison? The reason I am sending this to you, is because Jorge Montes, the Chairman of the IL Prisoner Review Board does not have an e-mail address and you nominated him for his position. The following was taken from a press release from you office. I would venture to say, that "Today's appointments help us fulfill a goal that we announced in February of last year. I made a commitment to transform the composition of the state's boards and commissions to save the people of Illinois money and restore some measure of their faith in government," Blagojevich said. [Ed. Note - many appointments on the PRB pre-date Governor Blagojevich and we believe he did not appoint Chairman Montes]

The Chicago Tribune ran a poll, in which 82% of the respondents said he should NOT be paroled. Is this the faith in government you are hoping for from your  community? Please do not allow Bacino to be paroled for monetary reasons or any other reason for that matter. He deserves to stay in prison.
Respectfully,
Steve Junge
LVMPD Sgt.
Matt Anderson
Mike Anderson

http://www.chicagotribune.com/news/specials/chi-parole-story,0,4559011.story?page=1

PERPETUALLY SEEKING PAROLE

Should this cop killer be freed?

By Christopher Booker and Rex W. Huppke

February 9, 2007

Thirty-three years ago, Theodore Bacino killed a young police officer in a tiny Illinois town outside Rockford, gunning him down in an alley after robbing a bank. He doesn't deny pulling the trigger, and his life since has been spent where many think he belongs: behind bars.

But Bacino, who soon will appear before a parole board for the 25th time, says that he's reformed, an old man who has paid his debt.

Over the span of his decades-long incarceration, sentencing laws and the country's belief in rehabilitation have changed dramatically, leaving longtime inmates such as Bacino stuck in a sort of correctional no man's land.

The family of Michael Mayborne, the police officer Bacino killed, think the man deserves to die in prison.

"He can go home when our dad can come home," said Mayborne's daughter, Jennifer Sutkay.

Some in Illinois, however, including members of the state's parole board, think this 71-year-old cop killer poses no threat to society.

They believe it's time to set Theodore Bacino free.

Bacino's story begins at a truck stop in north central Illinois.

On the morning of March 15, 1974, Bacino, then 38, and 21-year-old Glenn Loy met at Scotty's Truck Stop in Loves Park. They had plans to rob a bank in the neighboring town of Poplar Grove.

After the robbery, they split up. Bacino took the bank president hostage and headed back toward the truck stop to rendezvous with Loy.

Loy was caught, though, and never showed up at the truck stop. Bacino ditched the bank president and took off on foot, ending up in an alley behind a barber shop, pistol in hand. That's when he saw Mayborne, a Winnebago County deputy sheriff, heading toward him with his gun drawn.

The two exchanged four shots, Mayborne firing only once, hitting Bacino in the stomach. Bacino fired three times, hitting Mayborne once in the hand, once in the heart and once in the head.

Both men fell to the ground.

Other officers arrived seconds later and arrested Bacino. Mayborne was dead.

"I wished I had the brains then to drop that [gun]," Bacino said. "All I had to do was throw it down, and I would have been in custody for a bank robbery."

Bacino belongs to a small class of Illinois inmates known as C-numbers. These are criminals who were sentenced to prison before 1978, the year Illinois radically changed its sentencing laws and did away with the traditional institution of parole.

About 300 C-number inmates remain locked up, presenting something of a correctional conundrum. In the simplest terms, many C-numbers are serving considerably longer prison sentences than people sentenced for similar crimes in the years after the laws changed.

That's not exactly the result lawmakers intended.

Sentencing before 1978 was grounded in the belief that prisoners could and should be rehabilitated. A judge would issue a sentence, usually a range of years, but the inmate would become eligible for parole after a much shorter period. The idea was that, rather than being warehoused, criminals would be rehabilitated in prison and returned to society once a parole board deemed them fit.

Bacino was given a sentence of 75 to 100 years, but he became eligible for parole after less than nine years.

In Illinois, this approach to corrections was abandoned in 1978. Increasing crime rates across the country led citizens and their lawmakers to doubt rehabilitation.

Prison sentences became standardized, and release was based on time served, not on a parole board's review of individual inmates.

The C-numbers were grandfathered in under the old laws, so their fate remained in the hands of the state's parole board. Feeling the political heat of the tough-on-crime wave of the 1980s and 1990s, parole boards across the country became far less willing to release violent offenders.

The end result has been this: On average, a C-number inmate serves 25 years for murder, while inmates convicted of murder after the reform serve an average of 12.3 years.

Bacino has served 33 years, but his crime went beyond murder: He killed a police officer and did so in the act of committing a robbery. It would be expected that he serve a longer prison term. In fact, someone who murdered a police officer today could be sentenced to death.

Still, in his parole hearing last year, Bacino received 6 of the 8 votes necessary for release, so it's clear many on the board think he has been locked up long enough.

Illinois Prisoner Review Board Chairman Jorge Montes thinks Bacino should be released. He said the parole board routinely reviews more recent cases in which the crime is similar to one committed by a C-number, but the more recent offender gets out sooner because he was sentenced under the new laws.

"We're a very conservative board, and we don't let a lot of people out--most of them rightfully so," Montes said. "However, having said that, there are a lot of inmates, a lot of C-numbers, I feel should get out, and they're stuck."

The argument can cut both ways. Last week, Cook County State's Attorney Dick Devine criticized the way the Prisoner Review Board reviews cases, highlighting two recently paroled murderers who Devine thinks should never have gotten out.

"These are dangerous men who took the lives of innocent victims," Devine said. "They are not candidates for reform who should be foisted on the community."

Bacino now lives on the second floor geriatric wing of the Dixon Correctional Center.

He first became eligible for parole in 1982. Since then, he has made his plea 24 times, and each time he has been turned down, though he has been gaining votes in recent years.

He's an old man now. He has suffered two strokes and continues to battle digestive problems from the gunshot wound he received in his confrontation with Mayborne.

In the past, the parole board has noted Bacino's "excellent institutional adjustments, as well as his significant academic accomplishments," but each time they've denied parole, saying, "To release him at this time would deprecate the seriousness of the offense."

In March, Bacino will appear before the board again, his wife of 45 years and his eldest son by his side. During the hearing he will be asked about the crime, his institutional adjustment and his parole plans.

He'll be asked if he feels remorse, something that still isn't quite clear.

"Do I have guilt?" Bacino asked. "Nope. I gave it to Jesus. I have apologized to the survivors. There's no more I could do."

All he can do is await his chance to speak, then pray as the 15-member parole board decides whether a convicted cop killer has earned the right to walk free, or whether that right was lost the moment he pulled the trigger.

cbooker@tribune.com

rhuppke@tribune.com

Christopher Booker is a Tribune multimedia reporter and producer.

Rex W. Huppke is a Tribune staff reporter.

Copyright © 2007, Chicago Tribune

More stories on the latest parole hearing held on March 14, 2007 at Dixon Correctional Center