Robert Berlin (Illinois Chiefs of Police photo)

Last in a series examining drug-induced homicides

Only a fraction of the overdose deaths in Illinois have resulted in charges being brought against individuals supplying the drugs.

DuPage County State’s Attorney Robert Berlin said it can be tough to tie a supplier to an overdose death.

“You have got to prove that the drugs that were delivered were the drugs that caused the death. That is always a challenge,” Berlin said. “A person could have multiple sources for drug purchases. You can see the information on their phone, but even if you can see that they bought drugs three or four days before, what happened in those three or four days? It is not so cut and dry.”

The DuPage County State’s Attorney’s Office has convictions against more than 70 percent of the individuals who have been charged with drug-induced homicide since 2003 (16 convictions out of 23 cases). Berlin’s office has nine more cases of drug-induced homicide pending in DuPage County Circuit Court.

“It has always been a focus of ours, ever since I became state’s attorney in 2010,” Berlin said of targeting drug suppliers in overdoses. “We work with police to investigate. Every single overdose in the county we get notified of by the Coroner’s Office, and we begin investigating.”

When overdoses skyrocketed in McHenry County, State’s Attorney Patrick Kenneally formed a task force and started going over every overdose death with law enforcement. His office has charged more than 80 individuals with drug-induced homicide; and overdoses have seen a drastic decline in McHenry County.

People lobbying for prevention over prosecution argue that it is often a family member or friend with a substance abuse issue who provided the fatal drug to a person. They contend charging that person only adds to a traumatic situation.

Neither Kenneally nor Berlin buy that argument.

“What that argument is saying is because someone really wants to use it’s OK to risk someone else’s life,” Kenneally said. “Anyone in the drug game knows what they are doing when they deal to family, friends and loved ones.”

“The friend or dealer is making a profit off of selling drugs. There is culpability,” Berlin said. “The friend could be a user, but he is still going to be held accountable. We take those things into consideration in the ultimate disposition. If the person is a friend or acquaintance, we will use that to work up the chain. We want to get the dealer farther up the chain.”

Prosecutors said their efforts in charging people in overdoses is just part of the solution.

“It is just one step in dealing with the entire problem,” Berlin said. “We also need education, awareness and prevention.”

The DuPage prosecutor compared the effort to curb drug use to the work that has been done to get people to stop getting behind the wheel of a vehicle intoxicated.

“I liken it to drunk driving. It took a 30-year campaign to make an impact,” Berlin said. “Before, people drinking and driving in the 16-25 age range was a huge problem. A lot of people died during that period.

“It took a huge public campaign that it was dangerous to drink and drive to make a difference. I hope this does not take 30 years.”

Kenneally said there is not just one route through the criminal justice system, that there are times when treatment can work better than punishment.

“We need a two-fisted approach. There is no silver bullet,” Kenneally said. “We need treatment, but also robust prosecution. They knew what they were doing was dangerous.”

Kenneally has helped Chicago police develop a protocol for investigating overdoses for possible criminal charges.

“Prosecution is an indispensable part of the solution. You have a clear record of drug transactions on an individual’s phone,” Kenneally said. “It is all right there; it’s there to look at.”

He said certain counties, like Cook, do not seem willing to go after individuals with drug-induced homicide charges.

“The Cook County state’s attorney has a very confused approach to illicit drug crimes,” Kenneally said. “Even if police break into an overdose victim’s phone, the fruits of their labor may be disregarded.”

A spokesperson for the Cook County State’s Attorney’s Office said leaders were unavailable for an interview.

The office issued the following statement regarding drug-related deaths:

“As in any case, when we are contacted by police for felony charges, we review drug-related deaths individually based on the facts, evidence and the law related to each specific incident and will file charges, if appropriate. We continue to work with our law enforcement partners as they investigate these incidents and provide support and guidance to ensure our commitment to public safety.

“The Cook County State’s Attorney’s Office recognizes the profound impact of drugs in our communities and the public health crisis that addiction presents. Through our use of diversion programs and specialized courts, we work to not only enforce the law, but also address the underlying issues surrounding drug addiction as we work to make Cook County a safer and healthier place for all residents.”