NEW YORK CITY, N.Y. — In an opinion essay for the New York Times, former prosecutor Algis Baliunas reflects on his career and urges members of the justice system to be more considerate of age as a factor for granting clemency.
Baliunas served as a prosecutor in the Cook County, Illinois State Attorney Office from 1973 to 1978.
“I have seen people change behind bars in ways the criminal justice system did not anticipate,” he states.
As a prosecutor who began practicing during President Nixon’s “War on Drugs” and in crime-heavy Chicago, Baliunas recognizes that he and his colleagues favored long, severe prison sentences as the necessary punishment for serious crimes.
Today, Baliunas recognizes that the people he prosecuted are not the same as they were in the 1970’s. Now in their 60’s and 70’s, these imprisoned individuals face health and mobility declines.
“The risk these prisoners once posed has changed,” he states. “Sentences can be much harsher than what is needed to protect the public.”
Baliunas cites a study by the United States Sentencing Commission (USSC) that fueled his reconsideration of his position in the justice system.
In 2017 the study found that, over a follow-up period of eight years, 13.4% of offenders age 65 or older at the time of release were rearrested. In contrast, 67.6% of offenders younger than age 21 at the time of release were rearrested.
“Older offenders were less likely to recidivate after release than younger offenders who had served similar sentences, regardless of the length of sentence imposed,” the USSC found.
In 1978, Baliunas prosecuted a 28-year-old man named Larry Hoover in the aftermath of a prison riot. Eventually, charges were dropped due to lack of evidence.
Hoover was a co-leader of the gang “Gangster Disciples,” and was charged by the state in 1973 for the murder of a local drug dealer, resulting in a sentence of 200 years. In 1997, he received federal charges for his role as a gang leader, equating to six life sentences.
Today, Baliunas finds himself on the opposing side of the court as advising counsel for Larry Hoover.
“A system that cannot reassess its own decisions risks losing sight of its purpose: to hold people accountable, to protect the public and to ensure that punishment remains fair and proportionate over time,” Baliunas states.
Now, 75-year-old Hoover seeks clemency from Illinois Governor J.B. Pritzker.
Clemency is a form of mercy granted by a government official that can reduce or eliminate a sentence. In May 2025, Hoover’s sentence was commuted by President Donald Trump, reducing his federal six life sentences to time served.
Hoover still remains in state prison on his 200-year sentence, having completed 52 years.
Hoover’s attorney Justin Moore advocates for his client’s clemency position, stating “To deny clemency now is not a neutral act, it is a willful decision to let a man with significant health conditions die in a cage.”
Moore states that during his time in prison, his client has faced three heart attacks. Hoover is still required to do labor at the prison, working intensive manual tasks in the kitchen.
“A system that cannot reassess its own decisions risks losing sight of its purpose: to hold people accountable, to protect the public and to ensure that punishment remains fair and proportionate over time,” Baliunas states.
The perspective from both sides of the courtroom propelled the former prosecutor to rethink his past beliefs on harsh sentencing. Baliunas believes that Hoover’s time in prison, facing severe health struggles and solitary confinement, has adequately served as punishment.
“The Larry Hoover who entered prison in his early 20s no longer exists. In his place is a 75-year-old who has lived longer inside prison walls than outside them,” Baliunas reflects. “Granting clemency is not softness. It is a judgment about whether the purposes of punishment have already been fulfilled.”
Furthermore, Baliunas urges the United States criminal justice system to rethink all sentences imposed on elderly prisoners who no longer pose a threat.
“The justice system needs to grow more comfortable with asking when punishment has done enough. The question is whether punishment imposed decades ago continues to serve the purposes it was meant to serve today.”
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