J. Michael Fitzsimmons, 63, whose maverick campaign for DuPage County state’s attorney in 1976 brought him a victory over party favorite James Ryan, died Thursday in his Glen Ellyn home.
Mr. Fitzsimmons, who suffered from a debilitating muscular disorder, was a practicing attorney for almost 40 years. He served as DuPage County state’s attorney for eight years until 1984, when he was defeated in a rematch with Ryan.
He was known for his sharp legal mind and gentle personality, but his tenure as state’s attorney also was marked by the controversial indictment of three Aurora men for the 1983 murder of 10-year-old Jeanine Nicarico of Naperville. After a decade of wrangling, none was held responsible, leaving a cloud over the DuPage legal system and the state’s capital punishment system.
Mr. Fitzsimmons’ longtime disorder forced him to drive a motorized medical cart around DuPage County’s Wheaton courthouse.
“The last six, seven years were rough, but his mind was always as sharp as a tack,” said Aldo Botti, a former DuPage County Board president who also served as Fitzsimmons’ campaign manager. “People in the courthouse were continually amazed as his ability to observe and process legal material.”
“To the very end, he was eloquent, brilliant, glib and gentle. A credit to his family and the legal profession,” Botti said.
Mr. Fitzsimmons’ legal career also included serving as an assistant U.S. Attorney, 1970-72; regional director with the U.S. Department of Justice’s Office of Drug Abuse Law Enforcement, 1972-74; attorney with the U.S. Securities and Exchange Commission, 1964-66; and assistant DuPage County state’s attorney from 1968-70.
After serving as state’s attorney, he entered private practice. In recent years, he was a principal with the Wheaton firm of Fitzsimmons, Roberts and Paine. The firm specialized in computer and intellectual property, civil and criminal litigation, employment law, real estate law and construction law.
In 1976, Mr. Fitzsimmons won a bitter Republican primary contest for DuPage County state’s attorney over current Atty. Gen. James Ryan by a 300-vote margin. He held the post for eight years until the two faced off again in another tough 1984 primary contest that Ryan won by about 13,000 votes.
“Our races were hotly contested, and the 1976 race may have been the closest race in DuPage County history, but Mike was always a gentleman,” Ryan said. “We had lunch over the years and, when I think about Mike Fitzsimmons, I think about one of the smartest lawyers I have ever faced, politically or legally.”
DuPage County State’s Atty. Joseph Birkett, who was hired as a prosecutor in 1981 by Mr. Fitzsimmons, praised him for being a tough but compassionate prosecutor, who created one of the first victim advocacy positions in Illinois.
It was during Mr. Fitzsimmons’ attempt to win a third term that he became embroiled in the Nicarico murder controversy. In the days before the 1984 Republican primary, following a year of investigation, Mr. Fitzsimmons’ office obtained indictments from the DuPage County grand jury against three Aurora men for her murder. Critics of Mr. Fitzsimmons said the indictments were orchestrated to promote his candidacy, which he vehemently denied.
Two of the defendants, including Rolando Cruz, were convicted and sentenced to death, only to be acquitted after more than a decade of legal battles and controversy. The third case resulted in a hung jury and was never retried.
When asked about Mr. Fitzsimmons’ role in the Nicarico controversy, Ryan would only say, “Mike Fitzsimmons has always been an honorable man.”
Mr. Fitzsimmons, who was born in Chattanooga, Tenn., received his bachelor’s degree and law degree from Northwestern University.
Survivors include his wife, Suzanne; two sons, Joseph Michael III and Justin, an assistant DuPage County state’s attorney; and two daughters, Jo Ann and Kate.
Funeral arrangements were pending.
