Judge resets sentencing hearing in Illinois case, allows defense to seek expert witness

JONESBORO, Ill. — A judge on Friday postponed a resentencing hearing for convicted murderer Mark Gibbs for 90 days to allow the defense an opportunity to engage a “mitigation” expert.

Such an expert looks at the offender’s background and any mitigating circumstances surrounding the crime that could justify a lesser sentence.

Judge Jeff Farris said, “I do not intend to drag this out.” But he added, “I do not intend to make a knee-jerk reaction.”

Farris, who was just assigned the case for resentencing three weeks ago, rescheduled the hearing for Nov. 15.

Gibbs has spent nearly three decades behind bars for killing his parents in 1992 in their Southern Illinois home. On Friday, Gibbs was in court in Union County seeking the possibility of one day being released from prison.

But after a lengthy delay, during which time attorneys for the defense and the state met behind closed door, Farris convened court to consider the defense motion for a continuance as relatives of the victims and Gibbs looked on.

Many of those in the audience showed up to testify Gibbs should remain locked up for the rest of his life. But no testimony was heard after the judge rescheduled the hearing.

Gibbs was 17 when he shot his parents Jan. 6, 1992, in their rural home near Reynoldsville, Illinois.

His father, Richard Gibbs, 36, died at the scene from a single gunshot wound to the head. His mother, Betty Gibbs, was shot twice in the head with the same .22-caliber pistol, which was later found in a creek.

She was transported to Southeast Hospital in Cape Girardeau where she died days later.

Gibbs was sentenced to life in prison. But at age 44, Gibbs could end up with a lesser sentence because of a U.S. Supreme Court ruling mandatory life sentences for juveniles without the possibility of parole are unconstitutional.

The U.S. Supreme Court in a 5-4 decision in 2012 found such punishment violates the Eighth Amendment’s prohibition against cruel and unusual punishment.

Justice Elena Kagan wrote for the majority of the court “mandatory life without parole for a juvenile precludes consideration of his chronological age and its hallmark features — among them, immaturity, impetuosity, and failure to appreciate risks and consequences.”

Two years later, the Illinois Supreme Court unanimously held the U.S. Supreme Court’s decision applied retroactively to sentences imposed before 2012.

As a result, a new sentencing hearing must be held for Gibbs.

Defense attorney J. Damian Ortiz asked for the continuance, telling the judge the delay could allow the defense to apply for funds to hire an expert to look at possible mitigating factors in connection with the crime.

He said he was informed just days ago by the Illinois Juvenile Defender Resource Center such funding likely is available for Gibbs’ defense.

But state appellate prosecutor David Robinson unsuccessfully argued against the continuance, saying relatives of the victims were ready to testify.

“They have a right to be heard,” he told the judge.

But Farris defended his decision. “We are going to get it right,” he said.

Gibbs is being held at the maximum security prison in Pontiac, Illinois, according to the state’s corrections department website.

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