The lawyer for a woman found guilty of murder in the 2013 Nightmare on Hickory Street slayings said he is going to ask the Illinois Supreme Court to review her life sentence.
In May, three appellate justices upheld the life sentence for Bethany McKee, 22. The life sentence was mandatory since shewas convicted of more than one murder. Appellate court defender Bryon Kohut argued McKee's sentence was unconstitutional because — even though she was 18 at the time — was still young, did not have a prior criminal history and was not as culpable as the others involved.
Kohut said he is now going to ask the Illinois Supreme Court to hear the case. He said he has until July 20 to file a petition.
“I think it's a good argument or else I wouldn't bring up the argument in the first place,” Kohut said.
McKee was found guilty of murder in the 2013 deaths of two Joliet men, Terrance Rankins and Erik Glover, inside a house in the 1100 block of North Hickory Street.
According to the appellate court decision, she and Alisa Massaro lured the two men to the home, where Joshua Miner strangled Rankins and Adam Landerman strangled Glover. They then took about $120 from Rankins and used it to buy alcohol, cigarettes, gas and cocaine. McKee also searched Glover's vehicle and took several items, including CD's, stuffed animals and a pair of baby boots.
In discussing how to dispose of the bodies the next day, McKee called her father, who said he would help her, but instead called the police.
At the time of the murders, McKee and her 15-month old daughter were staying in the house on Hickory Street, which was owned by Massaro's father, Phillip Massaro. Alisa Massaro lived on the second floor and let McKee and her daughter move in with her.
Miner and Landerman are also serving life sentences. Massaro agreed to testify against the others and pleaded guilty to lesser charges. She is scheduled to be released from prison in less than eight months.
In the decision to uphold McKee's sentence, the appellate court quoted Judge Gerald R. Kinney's remarks before he sent her to prison for the rest of her life.
“A review of [the] facts show a stunning lack of concern for the consequences of taking two human lives,” said the opinion. “The facts established at the trial indicate Ms. McKee played a key role in getting the victims over to the Massaro residence, knowing that the groups' intent was to commit the offense of robbery.”
The opinion went on to explain how McKee cooperated with the group in committing the crime by leaving the room where the two men were strangled when signaled to, lying to Massaro's father about what was happening upstairs when confronted, and convincing him to stay downstairs during the murder. She also implicated herself in the discussion to get rid of the bodies by saying, "You got to get them out of here." She was also upset in an interview when she learned more money was stolen from the vehicle than she was told.
The court also stated, "The Defendant had numerous opportunities to take steps to withdraw from the common criminal plan. She had her own vehicle at the residence, so she could have taken her child with her at any time and left."
At the November 2014 circuit court sentencing hearing, the defense counsel argued that, while state law required a natural life sentence for McKee's crime, it would be unconstitutional because it was "cruel and unusual punishment." While the court said this case exemplified why the law was requiring mandatory sentencing was "problematic" and that it wished it had discretion, the law removed that discretion.