The Justice Department’s decision to reconsider the death penalty under former President Donald Trump is now affecting a major gang case in Chicago. Two men, Donald “Lil’ Don” Lee and Torance “Blackie” Benson, were convicted in 2022 for leading and carrying out murders for the violent Wicked Town street gang.
A federal jury found them guilty of racketeering and multiple murders after a nine-week trial. However, new evidence has raised questions about how the case was handled, and now, a judge is considering whether they should get a new trial.
Hidden Evidence Sparks Controversy
In 2024, defense attorneys discovered a 2022 email from former Assistant U.S. Attorney John Mitchell. The email suggested that the government originally planned to recommend a 30-year sentence for Deshawn Morgan, a gang member who pleaded guilty and testified against Lee and Benson. Instead, Morgan received 32 years in prison.
Defense attorneys now claim that Mitchell made similar undisclosed promises to other witnesses. They argue that this new evidence shows government misconduct, which could justify a new trial. U.S. District Judge Thomas Durkin has scheduled a hearing for August 25 to decide.
Death Penalty Review Complicates Matters
Meanwhile, Attorney General Pam Bondi issued a memo on February 5, calling for a review of all cases eligible for the death penalty. This includes Lee and Benson’s case, since their charges were filed in 2021.
Prosecutor Meghan Morrissey informed the judge that this review could affect the upcoming trial. However, defense attorney Lisa Wood objected, arguing that the death penalty was never considered appropriate in this case before. She accused the government of “vindictive prosecution,” saying the Justice Department is unfairly increasing the punishment now that a new trial is possible.
Wood also stated that raising the death penalty now would violate her clients’ rights. While she acknowledged that local prosecutors weren’t responsible for the policy change, she said it still put the court in a difficult position.
Judge Durkin said he would first rule on whether Lee and Benson deserve a new trial. If granted, he expects Wood to formally challenge the death penalty decision.
Similar Cases Affected
This is not the only Chicago case impacted by the Justice Department’s policy shifts.
Judge Durkin recently scheduled a retrial for Labar Spann, leader of the Four Corner Hustlers gang, due to similar issues. Spann was convicted in 2021, but government actions may have affected his case.
Additionally, in the ComEd bribery case, defense attorneys want proceedings paused due to another policy shift under Trump. This case involves four people convicted of bribing former Illinois House Speaker Michael Madigan. A judge has not yet ruled on that request.
The ongoing changes in Justice Department policies continue to affect high-profile cases, creating uncertainty for defendants, prosecutors, and the courts.
