Capitol Fax.com - Your Illinois News Radar » This just in… Cellini won’t get new trial
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
This just in… Cellini won’t get new trial

Wednesday, Jan 25, 2012 - Posted by Rich Miller

[Bumped up to Wednesday morning for visibility.]

* TUESDAY - 4:50 pm - A federal judge has decided there will be no new trial for Bill Cellini.

A bit of background for those who’ve been living under a rock

Cellini was found guilty in November of attempting to extort money from a Hollywood producer for then governor Rod Blagojevich’s campaign.

After the trial, the Chicago Tribune discovered one of the jurors on his case didn’t disclose her felony record as required on juror questionnaires.


* 6:09 pm
- And here’s why

U.S. District Judge James Zagel offered a strong defense of Chiles in his remarks.

“While Chiles may have had contempt for defense counsel, what Chiles didn’t have was contempt for the law,” the judge said.

Regarding Chiles’ tumultuous testimony, Zagel said her “buttons were pushed” and she did not have the luxury of having been prepared to handle aggressive questioning by Cellini’s lawyer. He also noted her lack of sophistication and education.

Zagel found that Chiles did not lie on jury questionnaires she filled out and that her failure to disclose her criminal history under direct questioning from him during jury selection was not deliberate.

She showed no bias toward Cellini in any way, the judge ruled.

       

26 Comments
  1. - Anon - Tuesday, Jan 24, 12 @ 4:53 pm:

    Phew! Saw this story on twitter, thought it said he WAS getting a new trial, rushed here, and big sigh of relief.

    This is a good decision. The reason for a new trial was not sound at all.


  2. - Quinn T. Sential - Tuesday, Jan 24, 12 @ 4:54 pm:

    I still contend that he may well end up successfully appealing this conviction.


  3. - DuPage Dave - Tuesday, Jan 24, 12 @ 5:58 pm:

    They can lock him up, but chances are he will end up owning 51 percent of the prison.


  4. - Wensicia - Tuesday, Jan 24, 12 @ 6:23 pm:

    If giving a false answer to a yea or no question on a jury form isn’t “lying”, what is it?


  5. - Louis G. Atsaves - Tuesday, Jan 24, 12 @ 6:49 pm:

    So she lied to get onto the Jury and doesn’t even get a slap on the wrist, she has a hissy fit in court when questioned about her lies, and she shows an extreme prejudice towards the Defense lawyer, but not the Defendant?

    Huh?

    If this conviction isn’t overturned, then the right to a fair trial for all of us in the future is permanently lost.


  6. - Boone Logan Square - Tuesday, Jan 24, 12 @ 6:55 pm:

    Is it time to take a friend and go looking for that John Kass writer? He has nothing to be afraid of.


  7. - Phocion - Tuesday, Jan 24, 12 @ 7:20 pm:

    This just in…Zagel Infallibility established as official doctrine in Northern District of Illinois.


  8. - Excessively Rabid - Tuesday, Jan 24, 12 @ 8:08 pm:

    ==she shows an extreme prejudice towards the Defense lawyer, but not the Defendant?==

    I feel the same way. I would let Cellini go and send his lawyers to prison. Cellini seems to be quite well liked by everybody who knows him.


  9. - Snucka - Tuesday, Jan 24, 12 @ 9:21 pm:

    I really don’t understand how Zagel determined that she did not lie. I didn’t even think that was in question.


  10. - steve schnorf - Tuesday, Jan 24, 12 @ 9:43 pm:

    If Judge Zagel did in fact rule that she did not lie on her questionnaire, words no longer have meaning, which at some point will render communication impossible. She may not have intended to lie, she may have lied under duress, but lie she did.


  11. - Wensicia - Tuesday, Jan 24, 12 @ 9:54 pm:

    “He also noted her lack of sophistication and education.”

    So, she can’t be accused of lying because she’s stupid??


  12. - Soccertease - Tuesday, Jan 24, 12 @ 10:15 pm:

    lol-Infallibility-Cellini isn’t the Pope-Zagel is. I dont have a problem with Zagel’s decision but can anyone explain why the jury selection process doesn’t have a simple cross check vs people like Childs? I understand felons are not automatically disqualified but it’s information everyone needs to know.


  13. - Stooges - Wednesday, Jan 25, 12 @ 8:23 am:

    Man, how would you like to have someone point out to the world that you are unsophisticated and uneducated? Seems like he could have come up with a different way to defend her actions.


  14. - Hi - Wednesday, Jan 25, 12 @ 9:05 am:

    The next Illinois pol who gets indicted should hire Sam Adams, Jr and not Dannyboy.


  15. - Anonymous - Wednesday, Jan 25, 12 @ 9:39 am:

    I have often wondered if, in his long tenure on the bench, Zagel has ever ruled otherwise when it comes to trials he’s presided over? Even in the first phase, it seems that such things should be reviewed by a judge other than the presiding trial judge.


  16. - Ace Matson - Wednesday, Jan 25, 12 @ 10:24 am:

    This was the only possible decision, and the conviction will be upheld on appeal. You cannot impeach a jury verdict after-the-fact. Had both sides known of her conviction, doubtless the Government would have challenged her, not the defense.


  17. - Anonymous - Wednesday, Jan 25, 12 @ 10:27 am:

    ‘This just in…Zagel Infallibility established as official doctrine in Northern District of Illinois.”

    Absolutely correct. Judge Zagel does not make errors. Just ask him.


  18. - reformer - Wednesday, Jan 25, 12 @ 11:06 am:

    I guess potential jurors in federal court can now lie on the questionnaire and then lie under questioning by the judge — and get away with it. At least in Zagel’s courtroom.

    This exculpation encourages people to lie when called for jury duty since the judge says there’s nothing to forgive.


  19. - Demoralized - Wednesday, Jan 25, 12 @ 11:09 am:

    The way all of you continue to villify this woman amazes me. Not one iota of proof has been shown that she showed any ill intent in lying. The suggestions that she lied to get on the jury are outrageous without any proof. The judge made the absolute right call in this case. Those of you suggesting she should have been punished need a slap in the face as far as I’m concerned.


  20. - Demoralized - Wednesday, Jan 25, 12 @ 11:10 am:

    Also, not all lies are equal. Quit living in a black and white world.


  21. - anon - Wednesday, Jan 25, 12 @ 11:21 am:

    If a person who has been thru the system decides he’s guilty-then he’s probably guilty. The lawyers tried a “Hail Mary” tactic and lost .There’s a lot of nice guys in prison.Cellini was stealing tax dollars and he got caught.He had a great run on our money and the family will profit from it forever.Move on.


  22. - Jim - Wednesday, Jan 25, 12 @ 11:29 am:

    Really enjoy reading the comments from all the Cellini apologists. Of course, he’ll raise the issue on appeal, and he’ll lose because her presence on the jury did not prejudice Cellini.
    It’s not so much that she didn’t answer the questions about her background accurately, it’s that she was able, like all the other jurors, to hear the evidence and deliver a fair verdict. C apologists need to remember that the jury delivered a split verdict, finding him guilty on some charges and not guilty on the others. So she was prejudiced in the guilty verdict while not prejudiced in the not guilty verdict. Sorry, C apologists, that argument won’t fly — even if made by the great Dan Webb.


  23. - Wensicia - Wednesday, Jan 25, 12 @ 11:32 am:

    @Demoralized,

    Perhaps the questions on the jury form where truth is optional should be singled out with an asterisk.

    We’ll call it the Zagel option out…


  24. - mark walker - Wednesday, Jan 25, 12 @ 11:47 am:

    Right call by the judge on Cellini’s motion, but confusing language in his decision. She apparently lied in giving the wrong answer to a question, but he could find no appreciable impact on her ability to fulfill her duties as a juror. This was a red- herring by the defense counsel, who earned her obvious contempt post trial — again not impacting the outcome of the trial itself.

    Whether she should face consequences is entirely separate from whether Cellini should get a new trial.


  25. - steve schnorf - Wednesday, Jan 25, 12 @ 12:25 pm:

    Over the years I’ve found much of what I need to know to keep my sanity while working in and around government by reading and re-reading Alice’s various adventures.

    “When I use a word,” Humpty Dumpty said in rather a scornful tone, “it means just what I choose it to mean — neither more nor less.”
    “The question is,” said Alice, “whether you can make words mean so many different things.”
    “The question is,” said Humpty Dumpty, “which is to be master - - that’s all.”
    (Through the Looking Glass, Chapter 6)


  26. - Demoralized - Wednesday, Jan 25, 12 @ 1:07 pm:

    @Wensicia

    Whether she lied is not the point for me. It’s if it affected the outcome. It clearly did not. The lie is irrelevant. If it had relevance I might agree that another outcome was warranted.

    People need to quit persecuting the juror and focus on the criminal.


Sorry, comments for this post are now closed.


* Reader comments closed for the weekend
* Isabel’s afternoon briefing
* Things that make you go 'Hmm'
* Did Dan Proft’s independent expenditure PAC illegally coordinate with Bailey's campaign? The case will go before the Illinois Elections Board next week
* PJM's massive fail
* $117.7B In Economic Activity: Illinois Hospitals Are Essential To Communities And Families
* It’s just a bill
* Showcasing The Retailers Who Make Illinois Work
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Supplement to today's edition
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Live coverage
* Pritzker calls some of Bears proposals 'probably non-starters,' refuses to divert state dollars intended for other purposes (Updated)
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

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

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

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

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

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


Loading


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

Archives
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
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




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