In Illiniois, a defense team is in place to fight the death penalty at the trial level one case at a time.

These are trial lawyers working under the State appellate defender's office. Instead of fighting in the legislature or expressing moral opposition to the death penalty, they are working through the courts to ensure that everyone charged with a capital crime gets a fair trial--and hopefully a deal from the prosecution for life in prison vs. death.

The team is headed by Stephen L. Richards, deputy state appellate defender. Richards said his group's victories were usually unsung. Many result from tough, behind-the-scenes bargaining.

Many of the state's prosecutors are angry that Ryan emptied death row. Some have vowed to fill it back up. But Richards asserted, "They're going to have to come through us."

He spoke by phone from Rockford, Ill., where he is a defense attorney in the first death penalty trial since Ryan issued his commutation orders.

Richards said a defendant who faces strong evidence of guilt sometimes agrees to accept life in prison if the prosecutor agrees not to seek execution. But first, everyone involved - prosecutor, defendant, judge, defendant's relatives, even the victim's family - needs to agree it is the best solution.

"You save his life, and you save the state the time and expense of a trial," Richards said. It also prevents appeals and postconviction proceedings.