The data, he wrote, often include information about crimes with which the defendants have never been charged and even crimes of which they have been acquitted.
In his ruling, the judge wrote that the "torturous conduct with which both defendants are charged, savage and cruel by any civilized standards, would surely merit such an award".
To reduce the seeming randomness with which some defendants appear to end up on death row, we proposed that the twenty eligibility criteria for capital punishment in Illinois be trimmed to five: multiple murders, murder of a police officer or firefighter, murder in a prison, murder aimed at hindering the justice system, and murder involving torture.
But prosecutors, they said, must prove not merely that defendants did something wrong, but that defendants committed the very specific wrongs with which they were charged.
The care with which the defendant conducts his activities is of relevance, but it is not decisive.
"The crimes with which the defendant is charged are all the more serious because he had a special responsibility".
With authority to specify the offenses with which a defendant is charged and their severity, prosecutors, selecting from a wide array of possibilities, determine where in the guidelines each person falls.
"Venue should be transferred to a jurisdiction outside of the Washington/Richmond corridor, where many citizens lived in fear during the month of October 2002 as a result of the crimes with which the defendant is charged".
The report said that a district attorney's investigator concluded that Rizzo should receive the maximum prison sentence because "the craftiness with which the defendant committed the crime is amazing".
More importantly, Mr Falcone had to admit to wrongdoing, the first such admission under the SEC's policy of reducing the number of deals it cuts with defendants in which they neither admit nor deny guilt.
