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
* Today's number: 89 percent
* Today's video: Rauner victory lap
* Ask a silly question...
* Blagojevich arrested eight years ago today
* Pritzker, Lisa Madigan added to enemies list
* Rauner loves him some DeVos
* Good news for Mitsubishi plant?
* Cullerton to Rauner: Cut a deal with AFSCME before pension reform
* The finger-pointing continues
* Sneed: Madigan "disappointed" in Kennedy's fundraising this year
* 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

  
* Can this concept HTC 11 make sense as company rebounds?
* Next European Galaxy Note 7 discharge update progresses to 30 percent
* US carriers detail Note 7 discharge update and why Verizon didn’t announce a date
* Should Microsoft still try to make a 3-in-1 device?
* Reports of margin call halt LeEco stock trading, company plans immediate business changes
* Prepare to buy the Huawei Mate 9 on January 6 in the U.S.
* Fitbit CEO drops some details on the Pebble acquisition

* Following up: Mr. Eaton’s drama goes to Washington
* Abreu thrilled for reunion with Moncada
* Giolito excited to join White Sox talent haul
* Winter meetings transformative for White Sox
* White Sox steal show at Winter Meetings
* Adam Eaton delivered despite doubters
* A tale of two Sox at Winter Meetings

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


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

Archives
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
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


* Our View: Could Madigan bring movement to budge.....
* Bernard Schoenburg: Schobin, Joost among Spring.....
* Andy Shaw: Radical changes needed when it comes.....
* Illinois’ political games on budget may be wrec.....
* Implications of ‘lockbox’ amendment still being.....


* EXCHANGE: Students use notes to counter racist graffiti
* EXCHANGE: Class credited for no post-election negativity
* Suburban cop put on desk duty after excessive force report
* Quincy University cuts 14 jobs as it faces $5M budget hole
* East St. Louis official resigns after corruption guilty plea
* Report: Illinois Lottery didn't pay major scratch-off wins
* Authorities: 1 dead in small plane crash in Illinois
* Northern Illinois braces for up to 12 inches of snow
* U of Illinois inks 10-year deal to buy energy from wind farm
* U of Illinois inks 10-year deal to buy energy from wind farm

* State of Illinois' woes loom large for local fundraisers
* Implications of 'lockbox' amendment still being examined
* Day center services' pros, cons debated in Springfield
* Day center services' pros, cons debated
* State's woes loom large for local fundraisers
* Anti-abortion medical providers argue against Illinois law
* $3M in emergency funds headed to Illinois community colleges
* Springfield-area veterans join pipeline protest
* Rauner asks Democrats for budget proposal, cancels meeting
* Comptroller: State employee bonuses on hold during impasse

* Like our roundup? Share it around.
* No warranty on Allstate's billion-dollar acquisition of SquareTrade
* Airbnb is banned from more and more Chicago condo buildings
* Public pensions have a ton of leverage. They should use it.
* How outmoded technology is clipping United's wings


* Man shot in West Pullman
* Man shot in Lawndale
* Illinois Tollway mobilizes fleet of snowplows for recent snowfall
* 16-year-old boy killed in NW Indiana crash
* Dear Abby: Ratty clothes on boy may be a ploy
* Georgia Nicols horoscopes for Dec. 11, 2016
* Man wounded in North Austin shooting
* Like Bulls, Erik Spoelsta appreciates Dywane Wade’s leadership
* Lamar Jackson becomes youngest winner in Heisman Trophy history
* 61-year-old man with mental condition missing from Uptown found


* Grand Crossing man charged in attack of 94-year-old woman
* 4 wounded in shootings on West, South sides
* Widow of man slain in Aurora one year ago: 'We need to find these killers'
* Bulls survive Heat 105-100 in rivalry that isn't what it used to be
* Republican John Kennedy wins Louisiana Senate runoff, giving GOP 52-48 edge
* Indiana police officer, 2nd man injured in gunfire exchange
* Trump expected to tap Exxon's Tillerson for State, even as Russia ties raise concerns
* Chicago gun violence having impact on local basketball recruits, coaches
* 29 killed, 166 wounded in twin bombings near soccer stadium: Turkish minister
* Who is Rex Tillerson, dark-horse candidate for secretary of state?


The widget AQL4JYGHIY powered by Feed Informer does not exist.


* State of Illinois' woes loom large for local fundraisers
* Implications of 'lockbox' amendment still being examined
* Day center services' pros, cons debated in Springfield
* Bernard Schoenburg: Schobin, Joost among Springfield staff for Mendoza, Duckworth
* Statehouse Insider: The ball's in your court. No, it's in your court.
* Andy Shaw: Radical changes needed for budget negotiations in Illinois
* Our View: Could Madigan bring movement to budget situation?
* Day center services' pros, cons debated
* John Kelker: New website offers tips on money management
* State's woes loom large for local fundraisers


* PHOTOS: Adolph Mueller Home and Edward Irving Home Tours
* Cats can get stressed-out by holidays
* Reaching out: Remembering the homebound beyond the holidays
* Real Estate Transfers
* Scovill Zoo hosts pre-Christmas pajama party
* Fowler Bonan Foundation seeks support, growth for Clothes for SI Kids program
* Lucille Osman
* Bart Umdenstock
* Donald Hertz
* Catherine Biber


* Bombing at Egypt's main Coptic Christian cathedral kills 25
* Hospital director: 160 dead in collapsed Nigerian church
* The Latest: Death toll in Turkish attack rises to 38
* Sydney scores late penalty to remain undefeated in A-League
* Day of mourning declared in Turkey after twin blasts kill 29

* House lawmakers overcome hurdle on key tra...
* Rodney Davis talks funding with Bloomingto...
* The agency that fought Illiana gets a new ...
* Rep. Dold takes educational cruise down Ch...
* Lawmakers decry high turnover rate of VA h...
* CBD Oil, and politics
* Simon considering state Senate bid
* Killer Congressman Tom MacArthur trying to...
* Shutdown? State may not notice
* Rep. Bob Dold

* Greg Hinz on Politics Look who wants to be......

* Sen. Mark Kirk Cheers Illinoisans, Cubs Du......

* Jesus Ortiz, Missing Since September, Found On West Side
* Old School
* No sanctuary for undocumented students at the University of Illinois.
* Holiday Pop-Up Market Saturday, 3pm-9pm
* D.C. map.
* Shedd School as seen in December
* Looking for more ‘REALTORS® Give Back’ stories
* Breaking. Judge orders TRO against Rauner and for state workers.
* Keeping retirement weird. My mother never asked permission to protest.
* Just over 80 days away ‘til Election Day (already?!?), at least for some of us


* Criminal justice, health services stakeholders convene for Data-Driven Health & Justice Conference - Event will emphasize innovative strategies to address “superutilizers” of emergency departments and jails
* Know Before You Go with IDOT'SWinter Road Conditions Map
* Governor’s Export Awards Recipients Announced
* Governor Signs Legislation to Protect Jobs, Ratepayers and Taxpayers
* Give The Gift Of A Lifetime With A College Illinois!® 529 Prepaid Tuition Plan - College Illinois! can help limit or even eliminate future student loan debt




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