SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
Should Ryan get a new trial? - UPDATED

Friday, Apr 28, 2006

The Sun-Times has been all over this.

Just two days after a judge shot down their last attempt, former Gov. George Ryan’s lawyers will appear in court again this morning with what they say is new evidence of improper “outside influence” on the jury that convicted him of corruption.

Ousted juror Evelyn Ezell claims another juror, during deliberations, read aloud from research the juror had conducted on case law.

Some appellate courts have ruled that jurors’ independent research constitutes the kind of “outside influence” that requires courts to throw out convictions and grant defendants new trials. […]

Ezell said another juror brought in a couple of sheets of paper she surmised were reprints of information from the Internet. Reading aloud, the juror said, “A juror can be dismissed for not deliberating in good faith,” Ezell recalled. Then the juror read the section number and other citations for the law or case she was quoting from, Ezell told the Chicago Sun-Times on Thursday.

There is a recent case that seems to come close to this problem. Ed Rosenthal, the self-proclaimed “Guru of Ganja,” just got a new trial.

A three-judge panel of the San Francisco-based appeals court, in overturning the verdict, said a juror had had inappropriate communication with an attorney.

“Juror A” had asked the attorney during trial whether she had to follow the law or could vote her conscience because she suspected Rosenthal was growing marijuana for medicinal uses. The attorney told her she must follow the judge’s instructions to follow federal law or she would get in “trouble.”

“We hold that here the communication was an improper influence upon Juror A’s decision to acquit or convict,” the appeals court wrote.

[Hat tip: RandomActOfKindness]

UPDATE: From a reporter friend:

Judge Pallmeyer got angry today…by her standards, anyway. For me, it’d be called even-keel. She ripped Webb and Co. for continuing to imply there was an anti-George conspiracy on the jury or in her courtroom.

Basically, she gave the feds until Wednesday to respond to Webb’s assertion that Ezell should be brought in and questioned. Ruling to come Thursday.

UPDATE 2: AP:

Former Gov. George Ryan’s trial judge said Friday that she takes seriously a defense claim that legal documents might have been imported into the jury room, bringing improper outside influence on the jurors, and she added that she might order an investigation.

“I do take it as a very serious allegation,” U.S. District Judge Rebecca R. Pallmeyer told both sides after Ryan’s defense attorneys asked her for permission to interview former juror Evelyn Ezell about her claim that outside legal documents were read to her by another juror.

Ezell has said in numerous media interviews including one with The Associated Press over the past two days that during deliberations a juror brought papers into the jury room.

She said the papers involved the law on when a juror could be dismissed for failing to deliberate in good faith — something she was being accused of by fellow jurors.

- Posted by Rich Miller        


7 Comments
  1. - yougotta be kidding me - Friday, Apr 28, 06 @ 7:00 am:

    NO NEW TRIAL - throw the crook in jail and let’s get on to fixing this State. Another trial will do nothing more than give this State a black-eye and solidify the political mess that both sides of the aisle have created and have to deal with. Even OJ thinks the verdict was right!


  2. - Anonymous - Friday, Apr 28, 06 @ 7:17 am:

    Two more trials. Another conviction and a failed appeal.

    Should be all wrapped up in time for the 2010 elections.


  3. - Ravenswood Right Winger - Friday, Apr 28, 06 @ 7:51 am:

    didn’t Ryan & Warner’s attorneys ask for separate juries way back in the beginning? This was denied by Judge Pallmeyer. That may be better grounds for the appeal than juror misconduct.


  4. - Pat Hickey - Friday, Apr 28, 06 @ 8:16 am:

    Absolutely, George Ryan should get a fair trial. The recent government/media steamrolling in a courtroom, not unlike the bludgeoning of Mickey Segal - who lost money on that one? - continues to be a disgrace. The Orwellian ‘two minutes hate’ whooped up on Gov. Ryan in media worked its magic on the most vocal Ryan antagonists. Many, like me who never voted for Ryan in the first place, are not convinced that the shower of government charges against him hold water. It seems to me that Peter Fitzgerald’s ruffled feathers over his inability to wedge his way into influence on the Lincoln Museum fanned the flames that burned Ryan at the stake.


  5. - Shelbyville - Friday, Apr 28, 06 @ 8:46 am:

    Yes, seperate trials were requested and denied.
    Yes, there should be 2 new trials.

    What I find amazing is that, the fed. court is still refusing to do criminal background checks on jurors. Once the backgrounds of some have been exposed, the Tribune will continue to investigate and report. Why would the federal govt. refuse to do a simple background check? Because, everyone that has been convicted will now do background checks on their jurors?

    Jurors are no longer everyone peers. Many are unemployed and underemployed and they lie to be able to sit on an important case and collect the meals, salary, and sometimes housing. Anyone that has to be at work and wants to be at work, weasles their way out of jury duty.

    I bet the Fawell attorneys are investigating the jurors that sat on his trial. I know that I would be.


  6. - Navin Johnson - Friday, Apr 28, 06 @ 10:42 am:

    No, Ryan should not get a new trial.

    However, Ryan has a right to appeal. Unlike most of the low level employees that Ryan and his minions intimidated and coerced throughout his political career, George, courtesy of Winston & Strawn, has the resources to put up a fight when threatened and will get an appellate court decision about whether he gets a new trial or not.

    Generally, the 7th Circuit is not friendly to felons. However, Ryan might be able to pull it off. If so, it goes back to a trial. I am confident the result would be the same, George facing serious jail time for his crimes.

    Warner was originally indicted on May 21, 2003. Subsequently, Warner’s trial was repeatedly delayed at the request of Warner. 19 months after his original indictment, Warner was hit with a superceding indictment that included Ryan on December 17, 2004. If he had gone forward with a trial in the 19 months before Ryan was jointly indicted he wouldn’t had to to risk a joint trial. Warner demanded a speedy trial only after the joint indictment. Warner took a risk by delaying and paid the price.


  7. - THE HANKSTER - Friday, Apr 28, 06 @ 11:02 am:

    Yes, everyone deserves a fair trial, even people you may not like. This trial was clearly filled with too many questions and possible violations to be fair. He probably would be convicted in a new trial also but he, like everyother American, deserves a fair trial.


Sorry, comments for this post are now closed.


* Reader comments closed for the weekend
* Question of the day
* Emanuel blames state for phony school budget
* AFSCME: Cullerton plan "looks like extortion"
* BGA sues IHSA over FOIA
* Michelle Obama pledges "everything in our power" to help Quinn
* The consequences of budget cuts
* Meza wants to become involved in patronage lawsuit
* "Instant responders"
* Cullerton mulls a solution while the savants incite panic
* Here comes teh crazy - for real
* Caption contest!
* Today's quotable
* Adventures in state-funded stupidity
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

          
        * Did Facebook leak on Instagram a new photo sharing app?
        * Samsung Galaxy Alpha, NFC tattoos, & a drool-worthy Moto X+1 leak | Pocketnow Weekly 106 (Hangout)
        * iPhone 6 clone functions, Moto X+1 leaks, Samsung Gear VR app & more – Pocketnow Daily
        * How I Crowdsource My Grocery Shopping With Instacart
        * Unlocking bill passes both houses of Congress: well on its way to becoming law
        * OneNote makes its way to Amazon Android devices
        * Lumia Instagramer of the Week: Keerthy Shunmugarajan

        * The Pirate Bay Gets A New Mobile Website
        * Google Docs Now Converts Word’s Tracked Changes To Suggested Edits
        * Bose Sues Beats Over Alleged Noise-Cancelling Patents
        * Verizon To Begin Throttling Heavy Unlimited 4G LTE Users In October
        * President Obama To Sign Bill That Makes Cellphone Unlocking Legal
        * Maisie Williams Considered For A Role In The Last Of Us Movie
        * Americans Spend 40 Minutes A Day On Facebook, According To Mark Zuckerberg

        * Abreu, Viciedo lead outburst vs. Twins
        * Emotions building for large Hall of Fame class
        * White Sox shouldn't fear trading within the division
        * Noesi's arm, Eaton's bat lead Sox over Twins
        * White Sox 5, Twins 2: Noesi Dazzles
        * White Sox 5, Twins 2: Hector Noesi dazzles
        * Danks focuses in on Twins as series continues


        Main Menu
        Home
        Illinois
        YouTube
        Pundit rankings
        Obama
        Subscriber Content
        Durbin
        Burris
        Blagojevich Trial
        Advertising
        Updated Posts
        Polls

        Archives
        July 2014
        June 2014
        May 2014
        April 2014
        March 2014
        February 2014
        January 2014
        December 2013
        November 2013
        October 2013
        September 2013
        August 2013
        July 2013
        June 2013
        May 2013
        April 2013
        March 2013
        February 2013
        January 2013
        December 2012
        November 2012
        October 2012
        September 2012
        August 2012
        July 2012
        June 2012
        May 2012
        April 2012
        March 2012
        February 2012
        January 2012
        December 2011
        November 2011
        October 2011
        September 2011
        August 2011
        July 2011
        June 2011
        May 2011
        April 2011
        March 2011
        February 2011
        January 2011
        December 2010
        November 2010
        October 2010
        September 2010
        August 2010
        July 2010
        June 2010
        May 2010
        April 2010
        March 2010
        February 2010
        January 2010
        December 2009
        November 2009
        October 2009
        September 2009
        August 2009
        July 2009
        June 2009
        May 2009
        April 2009
        March 2009
        February 2009
        January 2009
        December 2008
        November 2008
        October 2008
        September 2008
        August 2008
        July 2008
        June 2008
        May 2008
        April 2008
        March 2008
        February 2008
        January 2008
        December 2007
        November 2007
        October 2007
        September 2007
        August 2007
        July 2007
        June 2007
        May 2007
        April 2007
        March 2007
        February 2007
        January 2007
        December 2006
        November 2006
        October 2006
        September 2006
        August 2006
        July 2006
        June 2006
        May 2006
        April 2006
        March 2006
        February 2006
        January 2006
        December 2005
        April 2005
        March 2005
        February 2005
        January 2005
        December 2004
        November 2004
        October 2004

        Blog*Spot Archives
        November 2005
        October 2005
        September 2005
        August 2005
        July 2005
        June 2005
        May 2005

        Syndication

        RSS Feed 2.0
        Comments RSS 2.0
        WordPress

        Loading


        * Christie campaigns for Rauner in Chicago - Asbu.....
        * Chris Christie brings $2.5 million gift for Rau.....
        * More transparency will be required of Illinois .....
        * Quinn signs higher education legislation at the.....
        * Murray center closure on hold - The Southern..
        * Feds' immigrant figures may not give full story.....
        * Quinn signs distance, online learning law..
        * Obamacare subsidy rulings put heat on governors..


        * 1 dead, 6 others wounded on Chicago street
        * Feds' immigration figures may not give full story
        * Durbin hails new Chicago gun intelligence effort
        * Bulls' Noah releases PSA in fight against violence
        * NJ Gov. Christie campaigns for Rauner in Chicago
        * Illinois sets nonconference schedule
        * Man accused of taking computers from foot lockers
        * Illinois man gets 1 year in grant fraud scheme
        * Man, 18, charged in child death held without bond
        * Fast food workers prepare to escalate wage demands

        * Rauner continues push for Illinois term limits
        * Quinn 'deeply concerned' about immigrant children
        * Quinn anti-violence spending didn’t pull big votes
        * Gov. Christie to campaign for Rauner in Chicago
        * Business, labor: Speed up Illinois’ fracking rules
        * Teen collapses at Quinn campaign event
        * Quinn to OK marijuana use for children with epilepsy
        * Coalition: State must move faster on fracking
        * Illinois law a boost to ex-offenders seeking jobs
        * Statehouse Insider: Details, details. Rauner finally has details

        * House Ethics panel investigating Bobby Rush
        * Cook County health board selects new leaders
        * Chicago-Indianapolis Amtrak line losing subsidy
        * Obama aide says White House ready for Republican impeachment attempt
        * United's two-step program for better profits (and service)


        * A HUMANE APPROACH TO THE BORDER
        * Prosecutor: Shooter knew rival wasn’t in crowd but fired anyway
        * Employee at O’Hare accused of stealing from military foot lockers
        * 1 dead, 6 wounded in East Garfield Park shooting
        * Joakim Noah urges Chicagoans to put down their guns in PSA


        * Christie brings $2.5 million for Rauner, springs for hot dogs
        * Christie brings $2.5 million for Rauner, springs for hot dogs
        * 2nd man charged in 2013 cabbie slaying
        * 13-year-old boy killed, 6 others shot on West Side
        * City Hall watchdog launches sweeping probe into red light camera program
        * 1 questioned, 1 sought in Orange Line robbery
        * chi-scene-of-the-crime-16yearold-killed-after-day-of-neighborhood-conflict-20140725_storylink
        * Fixed gear bicycle race planned for Saturday
        * Chicago aldermen ask City Hall watchdog to probe red light ticket program


        * Seven Months And Two Storms Later, Executive Mansion Gets Mini-Fix
        * State Police Cancels New Trooper Training, Citing Budget
        * Feds' Immigrant Numbers For Illinois May Not Tell Whole Story
        * Listen to State Week - July 25, 2014
        * Inspector General Discloses Political Hiring Investigation
        * Man Robbed By Fake Police On I-55
        * Illinois Sees Growth In Tax Revenue, But It Won't Last Long
        * Business, Labor Leaders Urge Quinn Administration To Finish Fracking Rules
        * Pullman to get an indoor sports facility
        * Board of Education approves "stop-gap" budget for 2015


        * Diane Lopez Hughes: Where is the compassion for children at the border?
        * Quinn 'deeply concerned' about immigrant children
        * Gov. Christie to campaign for Rauner in Chicago
        * Business, labor: Speed up Illinois’ fracking rules
        * Neal Waltmire: Rauner inconsistent, irresponsible on taxes
        * E.J. Dionne: Blind ideological justice
        * Esther Cepeda: Tough calls on border kids
        * Teen collapses at Quinn campaign event
        * GOP Rauner's campaign ad used made-up headlines
        * Lawyers will push to speed up pension reform ruling


        * Illinois coaching: Baseball, women's gymnastics add assistants
        * Judge says O'Fallon bank robber reminds him of 'Breaking Bad' character
        * A look beyond the Big Ten for Illini men's basketball
        * Checks and balances: Beckman's system still working
        * Big Ten football numbers and names to know
        * Fast food workers prepare to escalate wage demands
        * Burning questions: Three Illini prep for Media Days
        * Fair 'Time'
        * Indianapolis pulls future support for Amtrak line
        * Kids flock to Alcoa Jr. Bix 7 for Popsicles, fun - and medals


        * Reinsdorf hospitalized in Cooperstown
        * Rockin' The Blocks continues Saturday in Palatine
        * These siblings splitting $20 million 17 ways
        * Long games don't bother Renteria
        * Big thrill for Cary resident at Cubs game

        * Congressman Dan Lipinski to host 3 events ...
        * House passes Lipinski bill for Herbie John...
        * Renaming of Mount Greenwood post office in...
        * Rep. Lipinski's Bill Improving Internation...
        * Rep. Lipinski Reacts to House Passing Bill...
        * Rep. Lipinski Announces $206428 Grant for ...
        * Rep. Lipinski's Bill Renaming Mount Greenw...
        * Immigration reform rally - WGNtv.com
        * Dem Rep Brags He's Working With Obama To G...
        * Gutiérrez: 'I Think We Can Get 3 or 4, May...

        * Sen. Durbin Responds to Mideast Ceasefire ......
        * Sen. Durbin Responds to Mideast Ceasefire ......
        * Sen. Durbin Responds to Mideast Ceasefire ......
        * Sen. Durbin Responds to Mideast Ceasefire ......
        * Sen. Durbin Responds to Mideast Ceasefire ......

        * Feds' immigration numbers might not list a......
        * Feds' immigrant figures may not give full ......

        * Woman participates in candlelight vigil for immigration reform near President Obama's Kenwood neighborhood home
        * "Keep the kids, deport the racists" sign at immigration reform protest near President Obama's Kenwood neighborhood home
        * Congressmen, Immigrant Advocates Call On Obama Administration To Allow DREAMers In Military
        * Vote Postponed On Privatization Of North Riverside Fire Department
        * Southeast Side Petcoke Company Seeks Exemptions From City Regulations
        * Foster To DoD: Let DREAMers Serve In Military
        * William McNary, of Citizen Action/Illinois, speaks Friday at a protest against Republican gubernatorial candidate Bruce Rauner
        * Roughly 100 people protested against a Republican gubernatorial candidate Bruce Rauner fundraiser on Friday
        * "Rauner-Christie bad for public schools" sign at Hilton Chicago Hotel protest
        * "It's a downer when you vote Rauner" sign at Hilton Chicago Hotel protest


        * Governor Quinn Statement on Unaccompanied Children Crossing the US Border
        * Governor Quinn Welcomes New Class of Illinois State Police Troopers - 37 Police Academy Graduates Assigned Across the State
        * July 30 Hiring Event to Maximize Veterans' Non-Profit Job Opportunities - IDVA, IDES and U.S. Chamber Partner in first-of-kind event
        * Governor Quinn Signs Legislation to Ensure Quality Distance Learning and Online Education Programs - Also Signs Legislation to Streamline School Financial Processes and Extend Task Force on Civic Education
        * Governor Quinn Signs Legislation to Improve Charter School Fairness and Accountability - New Law Makes Lottery Process Transparent and Helps Prevent Conflicts of Interest




            Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller