Gary Gauger
Encyclopedia
Gary Gauger is a formerly imprisoned convict, who was falsely accused and convicted of the murder
s of his parents, Morris and Ruth Gauger, and later exonerated. Following the murder on April 8, 1993, Gauger ultimately spent nearly two years in prison and 9 months on Death Row
before being released in March 1996.
after finding his 74-year-old father's body. Paramedics were summoned, as well as the McHenry County
Sheriff's Department
, who soon found the body of 70-year-old Ruth Gauger in a trailer on the property.
Gauger told officers he was asleep when his parents were murdered. Despite this, Gauger was interrogated for 21 hours by the police. Officers lied to Gauger and told him that they had found evidence against him. "They told me that they had found bloody clothes in my bedroom; they found a bloody knife in my pocket," he said. After showing Gauger gruesome photographs of his parents, Gauger broke down and confessed. Though Gauger had no memory of the crime, he believed what police had told him. "I thought I must have done it in a blackout," he said. Though he had given a confession, there was no physical evidence held against him in court. Gauger was found guilty of the double murder, and was sentenced to death.
Without the confession, McHenry County State’s Attorney Gary W. Pack had no choice but to drop the charges, and set Gary free. Pack continued to suggest publicly that Gary had in fact committed the crime and was freed only because the prosecution could not meet its burden of proof without the confession. He was pardoned in 2002 after two motorcycle gang members were ultimately convicted of the crime. Despite this, Pack continues to profess that Gary had committed the crime. Gauger was denied the right to receive compensation for his imprisonment, citing immunity to the police, detectives, and prosecutors.
, 60 Minutes
, 20/20, Connie Chung Tonight
, A&E Investigative Reports, and Court TV
. Gauger has since published a memoir of the ordeal entitled "In Spite of the System" with Julie Von Bergen.
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
s of his parents, Morris and Ruth Gauger, and later exonerated. Following the murder on April 8, 1993, Gauger ultimately spent nearly two years in prison and 9 months on Death Row
Death row
Death row signifies the place, often a section of a prison, that houses individuals awaiting execution. The term is also used figuratively to describe the state of awaiting execution , even in places where no special facility or separate unit for condemned inmates exists.After individuals are found...
before being released in March 1996.
Murder and Trial
On April 9, 1993, Gary Gauger called the U.S. emergency number 9-1-19-1-1
9-1-1 is the emergency telephone number for the North American Numbering Plan .It is one of eight N11 codes.The use of this number is for emergency circumstances only, and to use it for any other purpose can be a crime.-History:In the earliest days of telephone technology, prior to the...
after finding his 74-year-old father's body. Paramedics were summoned, as well as the McHenry County
McHenry County
McHenry County is the name of two counties in the United States:* McHenry County, Illinois* McHenry County, North Dakota...
Sheriff's Department
Sheriffs in the United States
In the United States, a sheriff is a county official and is typically the top law enforcement officer of a county. Historically, the sheriff was also commander of the militia in that county. Distinctive to law enforcement in the United States, sheriffs are usually elected. The political election of...
, who soon found the body of 70-year-old Ruth Gauger in a trailer on the property.
Gauger told officers he was asleep when his parents were murdered. Despite this, Gauger was interrogated for 21 hours by the police. Officers lied to Gauger and told him that they had found evidence against him. "They told me that they had found bloody clothes in my bedroom; they found a bloody knife in my pocket," he said. After showing Gauger gruesome photographs of his parents, Gauger broke down and confessed. Though Gauger had no memory of the crime, he believed what police had told him. "I thought I must have done it in a blackout," he said. Though he had given a confession, there was no physical evidence held against him in court. Gauger was found guilty of the double murder, and was sentenced to death.
Exoneration
On March 8, 1996, the Second District Illinois Appellate Court unanimously reversed and remanded the case for a new trial on the ground that Cowlin erred in failing to grant a motion to suppress Gary’s allegedly inculpatory statements. In an unpublished opinion written by Judge S. Louis Rathje, with Judges Robert D. McLaren and Fred A. Geiger concurring, the court held that the statements were the fruit of an arrest made without probable cause and therefore should not have been admitted at the trial.Without the confession, McHenry County State’s Attorney Gary W. Pack had no choice but to drop the charges, and set Gary free. Pack continued to suggest publicly that Gary had in fact committed the crime and was freed only because the prosecution could not meet its burden of proof without the confession. He was pardoned in 2002 after two motorcycle gang members were ultimately convicted of the crime. Despite this, Pack continues to profess that Gary had committed the crime. Gauger was denied the right to receive compensation for his imprisonment, citing immunity to the police, detectives, and prosecutors.
Life Since
Gauger gained national attention following his exoneration, and was featured on The Oprah Winfrey ShowThe Oprah Winfrey Show
The Oprah Winfrey Show is an American syndicated talk show hosted and produced by its namesake Oprah Winfrey. It ran nationally for 25 seasons beginning in 1986, before concluding in 2011. It is the highest-rated talk show in American television history....
, 60 Minutes
60 Minutes
60 Minutes is an American television news magazine, which has run on CBS since 1968. The program was created by producer Don Hewitt who set it apart by using a unique style of reporter-centered investigation....
, 20/20, Connie Chung Tonight
Connie Chung Tonight
Connie Chung Tonight is an American television newsmagazine hosted by Connie Chung. The hour-long series premiered on CNN/U.S. on June 24, 2002...
, A&E Investigative Reports, and Court TV
Court TV
truTV is an American cable television network owned by Turner Broadcasting, a subsidiary of Time Warner. The network launched as Court TV in 1991, changing to truTV in 2008...
. Gauger has since published a memoir of the ordeal entitled "In Spite of the System" with Julie Von Bergen.