SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
This just in… Judge denies request to delay Rep. Derrick Smith’s trial

Wednesday, May 21, 2014

* From the Twitters…


Smith’s trial is scheduled to begin May 28th.

Rep. Smith is a “Yes” vote on the income tax hike extension, so that means the House has to wrap up that issue by May 27th.

* Sun-Times

U.S. District Judge Sharon Johnson Coleman, obviously irritated, said Smith “should have known” when the House session would end when his trial was reset earlier this year for May 28.

Coleman was also unimpressed by Smith’s attorney Vic Henderson’s complaint that Smith had been hurt in a car accident last month.

- Posted by Rich Miller        


44 Comments
  1. - Formerly Known As... - Wednesday, May 21, 14 @ 10:48 am:

    “You’re not helping…”


  2. - John A Logan - Wednesday, May 21, 14 @ 10:52 am:

    By the rivers gently flowing………


  3. - Farker - Wednesday, May 21, 14 @ 10:52 am:

    But but but the Speaker owns every judge in the state remember??? Can’t he just pick up the phone and make it it happen lol.


  4. - Oswego Willy - Wednesday, May 21, 14 @ 10:55 am:

    Welp, can Rep. Smith not be present until after Memorial Day?

    It’s not like the Court won’t know where he’s at.

    Can the Judge send Federal Marshall’s to the House Floor to wait for Rep. Smith to vote, then bring Smith up North?

    Can ya call in “sick ” during opening arguments of your corruption trial, to vote in the elected office you are bring charged with corrupting?


  5. - wordslinger - Wednesday, May 21, 14 @ 11:08 am:

    There is some spectacular chutzpah going on when a rep. asks for a delay in his corruption trial so he can vote in the GA.

    Just imagine the thoughtsicles at work there. Is it possible that anyone, anywhere, thought that a federal judge would sign off on such a request?


  6. - Jimmy - Wednesday, May 21, 14 @ 11:08 am:

    I think the Judge just gave Rep. Smith a reason to appeal and, at the same time, demonstrated a bias against him that may also be used to appeal a guilty verdict (he’s innocent until proven guilty, right, so why not let the guy do his job for 3 friggin’ days)?


  7. - Anon - Wednesday, May 21, 14 @ 11:10 am:

    I think part of the reason for the denial was the request was made earlier. Smith knew the end of session was on May 31st for quite a while. It isn’t exactly a surprise…


  8. - Walker - Wednesday, May 21, 14 @ 11:12 am:

    “thoughtsicle” Word the Day

    I’m on the way to a meeting where it’s use will be glorious.


  9. - Demoralized - Wednesday, May 21, 14 @ 11:13 am:

    ==I think the Judge just gave Rep. Smith a reason to appeal and, at the same time, demonstrated a bias against him that may also be used to appeal a guilty verdict==

    What? How in the world is not agreeing to a date change grounds for appeal, or for that matter how does it show any bias? That. Is. Dopey.


  10. - Huh? - Wednesday, May 21, 14 @ 11:14 am:

    “U.S. District Judge Sharon Johnson Coleman, obviously irritated, said Smith “should have known” when the House session would end when his trial was reset earlier this year for May 28.”

    Where is the bias? Just because he got 1 extension on the trial doesn’t mean he can get another. The judge has a point that he should have known that the house could have been in session when he asked for the first extension.

    Why should a politician be allowed to “do his job” when he has a court date? Would a judge let you do “your job” if you had a court date? I doubt it.


  11. - A guy... - Wednesday, May 21, 14 @ 11:14 am:

    Whether this moves up the vote, kills the effort or anything else, the Judge did the right thing. The same caucus that expelled him, tried to get some relief for a tax increase vote. Pretty weird.


  12. - Jimmy - Wednesday, May 21, 14 @ 11:16 am:

    I think a separation of powers argument can be made here. The judge seems to be in violation of it now.


  13. - Demoralized - Wednesday, May 21, 14 @ 11:18 am:

    ==I think a separation of powers argument can be made here. The judge seems to be in violation of it now.==

    Stop before you dig an even deeper hole for yourself.


  14. - Levois - Wednesday, May 21, 14 @ 11:18 am:

    The Speaker might as well table this legislation he wanted Smith to vote on until after the election. It’s smarter anyway. Smith is going to trial so this extension was a crapshoot!


  15. - wordslinger - Wednesday, May 21, 14 @ 11:19 am:

    –I think a separation of powers argument can be made here.–

    Give it a shot, lol.


  16. - Formerly Known As... - Wednesday, May 21, 14 @ 11:22 am:

    == But but but the Speaker owns every judge in the state remember??? ==

    Sharon Johnson Coleman is a federal judge who was appointed, not a state judge who was elected. She’s got bigger issues to think about than Mike Madigan, Pat Quinn, Bruce Rauner or her next election.


  17. - Ahoy! - Wednesday, May 21, 14 @ 11:25 am:

    This is fair, if he wanted special treatment he shouldn’t have been caught on tape. :)


  18. - Farker - Wednesday, May 21, 14 @ 11:30 am:

    @FKA

    Should I have used the /snark tag? Didn’t think it was necessary but….

    My point was more about the trolls who think the speaker is omnipotent.


  19. - Secret Square - Wednesday, May 21, 14 @ 11:32 am:

    If Smith is found guilty or pleads guilty, I can see the Rauner ad writing itself: “The Democrats used the vote of a convicted felon to raise your taxes!”


  20. - 47th Ward - Wednesday, May 21, 14 @ 11:34 am:

    Look, if this was only about a trial schedule, a House vote could be held on an evening, giving Smith time to get to Springfield after court ends and back before it begins the next day.

    But I’m pretty sure the judge previously ruled his confession to the FBI agents was admissable. So he’s most likely going to plead guilty on the 27th, which effectively ends his legislative career. Madigan can work around a trial, but he can’t work around a plea deal.


  21. - Oswego Willy - Wednesday, May 21, 14 @ 11:37 am:

    ===Madigan can work around a trial, but he can’t work around a plea deal.===

    The. Best. Insight.

    To that, if Smith is going to plea out, do it sooner as opposed to later, swear in the Primary Winner, and get the vote needed(?)

    They have a week to try to do it, if Smith pleas ASAP.


  22. - Motambe - Wednesday, May 21, 14 @ 11:44 am:

    It’s nice to see judicial process trump the expectation of privilege.


  23. - cover - Wednesday, May 21, 14 @ 11:44 am:

    If Rep. Smith pleads not guilty and the case goes to trial, would he be free to go back to Springfield on Saturday 5/31, the last day of session?


  24. - 47th Ward - Wednesday, May 21, 14 @ 11:48 am:

    ===If Rep. Smith pleads not guilty and the case goes to trial===

    No. The 27th is not an arraignment, it’s beginning of the trial, which would start, presumably, with jury selection. He already pled not guilty, but nothing prevents him from changing his plea, even after the trial begins.


  25. - Anonymous - Wednesday, May 21, 14 @ 11:51 am:

    ==I think a separation of powers argument can be made here. The judge seems to be in violation of it now.==

    Please explain the “separation of powers” issue that involves a FEDERAL Judge in a Federal court, and a State legislator?! Someone needs a remedial course in civics. They’re not separate branches, they’re on two unrelated trees!


  26. - Formerly Known As... - Wednesday, May 21, 14 @ 11:53 am:

    Mea culpa, @Farker.

    It’s been harder to tell for certain with some of the recent Raunerbot comments flying around lol.


  27. - Raising Kane - Wednesday, May 21, 14 @ 11:53 am:

    They could still vote on the 31st….I doubt court will be in session on a Saturday.


  28. - Farker - Wednesday, May 21, 14 @ 11:55 am:

    @FKA

    Lol no problem!


  29. - Anonymous - Wednesday, May 21, 14 @ 11:58 am:

    So, will the GA be out prior to May 31?


  30. - Gantt Chart - Wednesday, May 21, 14 @ 12:00 pm:

    Sooooo…does some mysterious ghost in the machine magically press the absent representative’s “Yes” button during the voting?


  31. - A guy... - Wednesday, May 21, 14 @ 12:01 pm:

    MJM knew this could happen. Just call Derek ole 61. At 60, all of them are the deciding vote. At 61, none of them are. His big concerns are 58 and 59.


  32. - Formerly Known As... - Wednesday, May 21, 14 @ 12:01 pm:

    From an AP story

    == Asked if Madigan asked Smith to make the request, attorney Sheldon Sorosky told reporters, “God no.” Attorney Victor Henderson added Smith was only motivated by a sense of duty to constituents. ==

    Come again?


  33. - Rusty618 - Wednesday, May 21, 14 @ 12:15 pm:

    What were the car accident injuries? Will his doctor write him a note to be absent? I guess this isn’t like school though!


  34. - Cook County Commoner - Wednesday, May 21, 14 @ 12:25 pm:

    This is the federal courthouse. Last minute trial commencement changes on a high profile matter must be endorsed by God. I’ll guess Rep Smith’s atty knows this, but the call came in on tight numbers for the vote, so he was told to do it.


  35. - OldSmoky2 - Wednesday, May 21, 14 @ 12:27 pm:

    ==MJM knew this could happen. Just call Derek ole 61. At 60, all of them are the deciding vote. At 61, none of them are. His big concerns are 58 and 59.==

    Bingo! Someone knows how to count votes.


  36. - x ace - Wednesday, May 21, 14 @ 12:45 pm:

    Generally, no requirement that defendant be present during various phases of the trial. So he could and probably will be present to vote ,if needed.

    Request to continue trial probably just a delay tactic.

    Or else , like 47 th Ward said above, maybe more going on, like a Negotiated Plea.

    Who knows, but right call by Her Honor.


  37. - Just Me - Wednesday, May 21, 14 @ 1:41 pm:

    It isn’t like the voters of the district didn’t know he was indicted and didn’t know he would have to attend his trial to prove his innocence.


  38. - wordslinger - Wednesday, May 21, 14 @ 1:46 pm:

    –to prove his innocence.–

    You never have to prove your innocence.

    But as 47 pointed out, given the admisability of his previous statements to the FBI, you have to think he’s going to make the best deal possible before a jury comes in.


  39. - Upon Further Review - Wednesday, May 21, 14 @ 2:19 pm:

    Or the Speaker could lean on Smith to resign and have the committeemen appoint an immediate replacement to vote “Aye” before the legislature adjourns.


  40. - Dan from Springfield - Wednesday, May 21, 14 @ 2:38 pm:

    After reading this thread I am so relieved that there is no corruption involved here.


  41. - dupage dan - Wednesday, May 21, 14 @ 2:54 pm:

    Please excuse Derrick Smith from his trial on May 28, 2014. He got hurt in a car accident and is a lot of pain. He will be back to court after he feels better, or the tax hike extension bill is voted on, whichever comes first.

    Signed, Juan Epstein’s Mother


  42. - Diogenes in DuPage - Wednesday, May 21, 14 @ 3:04 pm:

    We have a winner — dupage dan.


  43. - wordslinger - Wednesday, May 21, 14 @ 3:10 pm:

    DD with the “Mr. Kotter” reference.

    Strange times. Lot of recreational drugs about.


  44. - Anonymous - Thursday, May 22, 14 @ 8:12 am:

    The irony is almost too much - even for Illinois! You ask for a continuance so you can do the job that you’re being indicted for. If this was a movie script the producers would have this rewritten to make it more believable.


Sorry, comments for this post are now closed.


* NFIB member poll: 88 percent want Rauner to keep pushing Turnaround Agenda
* AFSCME advances bill that Rauner admin says "we cannot afford"
* Kim Foxx launches first TV ad "Amen"
* 2nd Annual "Cocktails with Capitol Fax"
* Has a "new" counter-point to the Tribune emerged?
* Credit Unions Assist At Risk Youth
* Question of the day
* Why I fight
* Parsons scores rare and highly unusual Obama interview
* Dunkin's defense
* Civic Federation wants spending limits and tax hikes: "There are no easy stop-gap fixes"
* *** LIVE SESSION COVERAGE ***
* "Mike Madigan's favorite state Senator"
* #Winning!
* In the spirit of the times...
* 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

  
* Facebook Tests SMS Integration In Messenger, Launches Support For Multiple Accounts
* Be the James Bond of the slopes in Operation Snowfall
* Drive Motors Lets You Actually Buy A Car Online. How Did This Not Exist?
* [TA Deals] Get started with an essential JavaScript coding bundle
* Audiobooks from Audible updated with Android Auto support
* PayPal Commerce Matches Stripe With PayPal’s Own Native Shopping Toolkit For Apps
* House bill aims to stop state bills banning smartphone encryption

* Lefty-heavy rotation not a concern
* Melky: White Sox must play like family to contend
* White Sox remodel in big way this offseason
* White Sox ink Ishikawa to Minor League deal
* White Sox sign righty Latos to 1-year deal
* White Sox sign Mat Latos for one year, $3 million
* Source: White Sox land right-hander Latos

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


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

Archives
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


* AFSCME advances bill that Rauner admin says “we.....
* Gov. Bruce Rauner addresses local chambers abou.....
* Rauner to Democrats: Work with me or pass tax h.....
* Has a “new” counter-point to the Tribune emerge.....
* Friday Letters: Knock on Gov. Rauner shortsight.....
* House Democrats revive bill to send contract ta.....
* Downstate small-business group says, 'Attaboy, .....


* Aunt of teen accused in slaying charged with supplying gun
* Illinois News Digest
* Chicago man wins $1M lawsuit alleging police rigged lineup
* Lawmakers urge federal agency to build campus in Illinois
* Jury sides with Illinois man in excessive force lawsuit
* Illinois coal mine owner seeks expansion as fire lingers
* EXCHANGE: iPads enhance learning at Marion schools
* Chicago transit overhaul gets $156M in new federal funds
* 29 school districts get help financing building projects
* Illinois asks FEMA for more time to assess flood damage

* Lawmakers making second attempt to send AFSCME talks to arbitrator
* President Obama returns to his political roots, connects with past friends, supporters
* Bill aims to create foundation to raise private money for state fairgrounds
* Obama returns to his political roots, connects with past friends, supporters
* Presidential visit notebook: Obama doesn't like horseshoes?
* District 186 misses out on construction bond program
* Vehicle emissions test notices suspended amid budget impasse
* Rauner: Bureaucracy is holding Illinois back
* Peoria's Par-A-Dice casino laying off 40, cites impact of video gaming
* IDOT Traffic Safety Division moving to new Springfield location

* Rush hospital president to retire
* What's next for O'Hare's gate construction plan?
* O’Hare finally catching up with rivals in jumbo jet space race
* Heidrick & Struggles adds consulting firm for $9.2 million
* Choppy waters could greet Brunswick's new CEO


* Emanuel moves to close legal loophole exploited by pedicabs
* Andrea Goss: ‘Cabaret’ national tour is ‘a dream’
* Obama to honor Blackhawks Stanley Cup win at the White House on Feb. 18
* Blair Brown joining cast of Tracy Letts’ ‘Mary Page Marlowe’
* Marc Salem mines his audience for mind-blowing experience
* Bruce Springsteen memoir coming out Sept. 27
* Joel Quenneville: NHL admitted refs got it wrong
* ‘How to Be Single': Cast, dialogue a step above the average rom-com
* Occupiers at Oregon refuge say they’ll turn themselves in
* 3 Oregon occupiers apparently surrender; 1 refusing to go


* Aunt charged with weapons offense in Endia Martin slaying case
* Rauner, Madigan battle again on labor bill a day after Obama urged compromise
* Two child porn victims sue ex-state legislator now in prison
* Chicago to host NHL draft for first time; 'it's a big hockey town'
* Honorary street proposed for Jennifer Hudson's slain nephew
* Police: Chicago man shot after 'traffic altercation' in Evanston
* Girl, 16, among 2 wounded in West Side shootings
* Man shot on West Side
* 2 shot dead in Gary
* Justice Department enters civil rights suit against Ferguson in strong position


* Lawmakers making second attempt to send AFSCME talks to arbitrator
* President Obama returns to his political roots, connects with past friends, supporters
* Our View: Illinois officials should heed Obama's call for civility, compromise
* Bill aims to create foundation to raise private money for state fairgrounds
* Bernard Schoenburg: State GOP past $250,000 in support for Rep. Avery Bourne
* Eugene Robinson: Rubio's revealing loop
* Derrik Gay: Reducing fossil fuel dependence aids U.S. troops
* George F. Will: Break the teeth-whitening monopoly
* Obama returns to his political roots, connects with past friends, supporters
* Presidential visit notebook: Obama doesn't like horseshoes?


* Chicago Auto Show 2016
* Senators: Let female WWII pilots into Arlington Cemetery
* 02-11-16 Dr. Jan Slater Dean of the @collegeofmedia @illinois_alma
* 02-11-16 Penny for Your Thoughts
* Illinois asks FEMA for more time to assess flood damage
* Lawmakers urge federal agency to build campus in Illinois
* Illinois coal mine owner seeks expansion as fire lingers
* N. Korea orders military takeover of inter-Korean factories
* Occupiers at Oregon refuge say they'll turn themselves in
* 52 dead in riot at northern Mexico prison


* Des Plaines woman dies in three-vehicle crash in Park Ridge
* State suing Barrington Mobil station that leaked gas
* Replay officials could have more say in targeting penalties
* Yellen: Too early to determine impact of global developments
* US urges China-Taiwan talks amid uncertainty after election

* 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 & Duckworth Seek EPA Review of Lead......
* Lawmakers urge federal agency to build cam......
* Lawmakers urge federal agency to build cam......

* Lawmakers urge federal agency to build cam......
* Letter supporting Sen. Kirk's call for DOJ......

* Where's Weyermuller? Front & Center on Wilmette Tax and Spending
* Devall: It's about who Ben Carson is not
* No public access to Obama's speech in Illinois House chamber
* Mathieson: Too Much Taxing? McHenry County Nursing Home Has $43M in the Bank
* Huston: Obama scolds Illinois on building "better politics"
* Jarrett probably misunderstood
* Richard "Rick" Cenar: In his own words
* REALTORS®: Mark your calendar for Feb. 18 Legal Webinar
* Judge Marguerite Quinn interviewed on NTNM
* That crazy Marco Rubio.


* Emergency Management Officials, National Weather Service Encourage Winter Preparedness - November is Winter Weather Preparedness Month in Illinois
* Keep Your Family Safe This Winter - November through February are leading months for carbon monoxide related incidents
* Governor Takes Bill Action
* Illinois Department of Labor Director Hugo Chaviano Awards Governor’s Award for Contributions in Health and Safety to the Illinois Refining Division of Marathon Petroleum Company LP
* State Regulator Elected Treasurer of Interstate Medical Licensure Compact




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