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.


* Unions file suit in St. Clair County
* Reader comments closed for the holiday weekend
* AG Madigan files TRO
* In re James Dimas
* Question of the day
* Weirdest. Oppo Dump. Ever.
* Big bucks reported by Zopp, Raja
* LIVE Comptroller Munger press conference coverage
* Yet another clock starts ticking down
* Hey, Cardinal fans...
* Rauner makes cheery visit to Illinois State Museum
* The Tier 2 difference
* *** UPDATED x4 *** Attorney General goes to court
* Credit Unions – Protecting Financial Futures
* GOP legislator wants "temporary, balanced budget"
* Food for thought
* The blame game
* Meanwhile, in the real world...
* When Indiana invaded Illinois
* 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

          
        * Customizable buttons could usher in smartphone interface nirvana
        * Nintendo prefers using “free to start” term for free games
        * Technology talks! Why Connects is changing to Lumia Voices
        * Galaxy Note 5 video render attempts to reveal phablet design
        * Layze Phone Holder keeps your phone out of the way [DEALS]
        * Amazon Debuts Dedicated Mobile Apps For Its Dropbox Competitor, Cloud Drive
        * 'World's First Swim App' on Apple Watch Put to the Test in New Video

        * Google is testing a new version of Glass, the GG1
        * Rebooting Gigaom Research
        * What You Should Know About “Credit Builder” Loans
        * Google’s Waze to Start Carpooling Pilot Program in Israel
        * Instagram Now Storing Higher Definition Images
        * Hulk Hogan Sex Trial Against Gawker to Hear New Court Date in October
        * How To Set The Default Email Client (Windows 7 and 8)

        * Kenny Williams focused on Chicago, but Toronto remains a possibility
        * White Sox Minor League Update: July 5-11
        * Sale heads list of potential Sox ASG reserves
        * Sale heads list of potential Sox ASG reserves
        * White Sox steal another HR from Davis
        * Errors derail White Sox winning streak
        * Orioles 9, White Sox 1: Ugly all over; winning streak over

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


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

        Archives
        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


        * Can CPS Spare 1000 Teachers? Sun-Times Never Te.....
        * Despite Illinois budget deadlock, there are way.....
        * Closer Look Despite budget deadlock, there are .....


        * Documents reveal details of Chicago woman's killing in Bali
        * Fairdale tornado victim to be buried at Arlington
        * Lake Decatur dredging project about 10 percent finished
        * City celebrates 3 Chicago players on US World Cup team
        * Chicago man accused of burning 4 with caustic substance
        * Man critically hurt in fall at Grateful Dead show in Chicago
        * Last Grateful Dead show breaks Chicago stadium ticket record
        * 2 teens die, 5 hurt in high-speed crash in East Chicago
        * Boy, 7, killed during violent July 4 celebrations in Chicago
        * Bison thrive on the Illinois prairie; 14 calves born

        * Despite state budget deadlock, there are ways out
        * Despite budget deadlock, there are ways out
        * Statehouse Insider: Take the over on when this impasse is going to end
        * Springfield School District has paid nearly $500K in pension penalties in past 6 years
        * East St. Louis paid big legal fees to state senator's firm
        * Illinois Senate honors victims of Charleston church shootings
        * Bill would allow cameras in Illinois nursing homes
        * State employee lawsuit seeks assurance of full pay despite no budget
        * U of I freezes administration hiring over budget
        * Attorney General Lisa Madigan seeks court ruling on state payments during budget impasse

        * Oreo cookies with a ‘chic new silhouette’
        * Oreo cookies with a 'chic new silhouette'
        * Grateful Dead break Soldier Field record
        * 'Buy! Buy! Buy!' goes bye, bye, bye
        * Trading pits slated to close today


          * 10 killed, 54 wounded in Fourth of July gun violence in Chicago
          * Ex-U.S. Rep. Mel Reynolds set for arraignment
          * No miracle for some Dead fans: 220 fake tickets seized
          * Blog: Follow Chicago's July 4 as it happened
          * Man, 41, critically injured in fall during Grateful Dead concert
          * Two men killed in Gresham after shots fired at SUV
          * Fans revel in U.S. women's soccer team's 'unbelievable' victory
          * Design student revamps cardboard signs to help Chicago's homeless stand out
          * Police boss McCarthy on child's death: 'This has got to stop.'
          * Woman known as 'serial stowaway' arrested again


          * Closing time for Chicago's trading pits
          * Boy, 7, killed during violent July 4 celebrations in Chicago
          * Local brewery turns off the tap for Trump
          * Southwest Side residents work toward racial healing
          * No more 'roar' as famed trading pits come to an end
          * Race to replace ex-Rep. Schock a classic GOP primary contest
          * Coping while black: A season of traumatic news takes a psychological toll
          * Emails show Emanuel, top officials aware of Clinton's private address
          * After pension payment, Chicago Public Schools to make $200M in cuts
          * CPS, Emanuel warn of deep cuts, layoffs to school district


          * Fullerton, Konar and Reif: Pope Francis' message a chance for Illinois to plan ethically for climate change
          * Despite state budget deadlock, there are ways out
          * Bernard Schoenburg: Independent redistricting proposal could be on 2016 ballot
          * Statehouse Insider: Take the over on when this impasse is going to end
          * Statehouse Insider: Take the over on when this impasse is going to end
          * Springfield School District has paid nearly $500K in pension penalties in past 6 years
          * Letter: Rauner being set up for a fall
          * Angie Muhs: A year later, optimistic and grateful
          * East St. Louis paid big legal fees to state senator's firm
          * Illinois Senate honors victims of Charleston church shootings


          * Daily Digest: Senior Expo at ISU
          * Lake Eureka site chosen for community center
          * New Jesse Fell documents acquired by ISU
          * Jennifer Jackson of CUPHD 7-6-15
          * UI provost: 'It’s time for us to respond'
          * Ervin Park - Tuscola
          * Best of Illini: No. 34, Pat Flavin
          * Road closures 7/6/15
          * Best of teams: No. 34, Louisville
          * Civil War Days to enliven history at Davis Mansion


          * Traffic alert: Downed power lines close Bailey Road in Naperville
          * How Dick Portillo built a hot dog stand into an empire
          * Former AG Eric Holder returning to private law practice
          * Growth in US services firms rises in June
          * South Carolina lawmakers return for Confederate flag debate

          * 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

          * Durbin on Overtime Rules - Alton Daily News...

          * Sierra Club Slams Senator Kirk in Aggressi......
          * Thousands Line Route For Arlington Heights......

          * State Sen. Syverson asks which side in the state budget battle are you on?
          * Trump wrote checks to two jailed Illinois govs, Chicago mayor and Cook County Dems
          * The [Tuesday] Papers
          * The Weekend In Chicago Rock
          * Clinton emails reveal Rahm Emanuel, David Axelrod knew about her private server
          * Thorner: Elder Justice Act under Obamacare fails seniors – Part 1
          * IL State Legislators Protected Their Paychecks; State Workers' Jeopardized
          * God Bless the USA - The Texas Tenors
          * The [Monday] Papers
          * Chicagoetry: Heaven


          * State, Teamsters Reach Tentative Agreement - Workers at IDOT, DHS, IDES, and CMS in Cook County to Vote on New Contract
          * Governor Rauner Extends Tax Filing and Payment Deadlines for Businesses and Individuals Impacted by Recent Tornado - Deadlines Pushed to December 31, 2015
          * Illinois EPA Releases Annual Report on Landfill Capacity
          * IDNR Urges Public to Leave Fireworks Displays to Those Who Are Licensed and Trained - Fireworks Show Sponsors Reminded to Check Credentials of Fireworks Vendors
          * Governor Receives Initial Criminal Justice Commission Report




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