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.


* Reader comments closed for the weekend
* Summers compares Trump to Rauner
* New White House website references "thousands of shootings in Chicago"
* Let's try cashing in on our rich heritage
* And now for a little bit of good news
* Unemployment up, jobs down
* Question of the day
* *** UPDATED x1 - Kirk declined to fly with Obama *** Kirk won't stop saying goofy things
* Um... about that "fully funded" boast
* Cullerton, Radogno "playing coy" about tax hike percentage
* "Institute" ginning up opposition to Senate deal
* A SOTS preview?
* IDOT warns of doom for I-55 toll lanes
* Is the end near for legislator pensions?
* 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

  
* ‘Hot Wheels: Race Off’ review
* LG G6 could be the first non-Google phone with Assistant on-board
* Galaxy Note 7 explosion report: why did Samsung’s phablet blow up? (Video)
* 200,000 people signed up for DirecTV Now at launch
* Sonos wants to integrate voice assistants into its speaker lineup
* [TA Deals] Master data science and analytics with this bundle for less than $50
* T-Mobile Tuesday for two

* Dominican Republic academy re-opens with upgrades
* Dominican Republic academy re-opens with upgrades
* New Hall of Famers reflect on highest honor
* Fans will be able to stream live games in '17
* New Hall of Famers get their close-up
* Williams says Hall not just for 'all-time greats'
* Collins named fourth-best catching prospect in MLB

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


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

Archives
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
WordPress

Loading


* Illinois governor extends tax incentive program.....
* Sneed exclusive: Pritzker goes on gubernatorial.....


* The Latest: Madonna curses President Trump at Women's March
* The Latest: Chicago protesters spill into city's downtown
* More female wrestlers competing in Illinois high schools
* Illinois Supreme Court strikes down Chicago rental car tax
* People flood downtown Chicago streets for women's march
* 2 convicted in shooting that paralyzed "Hoop Dreams" player
* 6 cops suspended for mishandling crash involving fire deputy
* EXCHANGE: Arcola man armed and ready to rumble
* EXCHANGE: Church moves from Freeport into historic building
* Illinois State Police warning people about a phone scam

* Governor extends tax incentive program
* Schock case reassigned to Urbana's Judge Colin Bruce
* Background-checks policy leads U of I to withdraw 11 job offers
* Film industry generates half-billion in Illinois spending
* Illinois Senate leaders promise budget-deal vote Wednesday
* Jesse White wants ads on license plate renewal reminders to offset cost
* A new tax on sodas, sugary drinks? It might be part of Illinois budget deal
* Jesse White wants ads on license renewal reminders to offset cost
* Jesse White wants advertisements on license renewal reminders to help offset cost
* New state app aims to help students with career choices

* In the market for a new home? Here are your best bets.
* Illinois Holocaust Museum bets on rock 'n' roll
* How this Loop company survived the killing of its CEO
* Thousands of marchers flood downtown Chicago
* Jimmy John talks!


* 3 arrested during investigation of fatal Melrose Park shooting
* Hoffman Estates man killed in fiery crash in Algonquin
* Man shot in knee while driving in Englewood
* 11-month-old girl in stroller hit by car in Lincoln Park
* Joel Quenneville’s patience is paying off with young Blackhawks
* Hundreds of thousands march to protest Trump in Washington
* 77-year-old woman hit by van, critically injured in Ashburn
* Police warn of West Side carjackings
* 3 hurt in Dan Ryan rollover crash
* Sunday Sitdown: New Leo Burnett CEO aims to reinvent advertising


* Illinoisans march in Washington: Their stories
* Interior Department tweeting again after suspension following inauguration retweet
* No. 1 Villanova, No. 9 North Carolina and No. 21 Purdue get wins
* Trump opens first full day on job at church
* Indian Head Park residents pack meeting for details about intruder
* Celebrities join the throngs at the Washington Women's March
* In D.C. and around the world, women (and men) push back against new president
* 11-month-old baby riding in stroller struck by car on North Side
* Thousands march through Loop as part of Women's March after rally draws 250,000
* At the speed of Twitter, Sundance 2017 moviegoers turn 'The Big Sick' into a big hit


The widget AQL4JYGHIY powered by Feed Informer does not exist.


* Guest Column: Put politics aside and pass a state budget
* Charles Krauthammer: Obama’s self-revealing final act
* Governor extends tax incentive program
* Schock case reassigned to Urbana's Judge Colin Bruce
* Background-checks policy leads U of I to withdraw 11 job offers
* Film industry generates half-billion in Illinois spending
* Illinois Senate leaders promise budget-deal vote Wednesday
* Jesse White wants ads on license plate renewal reminders to offset cost
* Our View: Thumbs Up to a finished Route 29 project
* A new tax on sodas, sugary drinks? It might be part of Illinois budget deal


* LIVE! Michigan
* Smashing Pumpkins frontman Billy Corgan visits Metropolis on #ThirtyDay tour
* Marion man charged with aggravated arson
* UPDATE: Tight end picks 'Illinois University'
* UPDATE: Suspect in Champaign bank robbery arrested
* PODCAST: Pregame Show Presented by Ruedi Wealth Management 01-21-17
* Tight end picks 'Illinois University'
* PODCAST: Saturday SportsTalk 01-21-17
* Women's March: Champaign
* Coffee with the Plant Experts 01-21-17


* Aaron Schock case assigned to federal judge in Urbana
* Large crowd marched in Chicago protest despite request to rally only
* Morris leaves Michigan as grad transfer at Central Michigan
* President Donald Trump tells CIA and intelligence officials, 'I am so behind you'
* Bautista says he took less money but is happy in Toronto

* 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

* Bipartisan bill aims to reform H-1B visa s......
* Bipartisan bill aims to reform H-1B visa s......
* Bipartisan bill aims to reform H-1B visa s......
* Bipartisan bill aims to reform H-1B visa s......

* Ex-Sen. Kirk may become lobbyist, complain......

* Capitol Fax: New White House website references “thousands of shootings in Chicago”
* Trump taking the oath and inaugural speech
* Thorner: Join the effort to preserve the Constitution
* Thorner/O'Neil: Will Trump drop the ridiculous notion of drafting women?
* Thorner/O'Neil: Will Trump drop his predecessor's ridiculous notion of drafting women?
* Knight: A Department of Justice worthy of its name
* 2016 World Series Champions Chicago Cubs honored at White House
* Moore tells women: Welcome to Day 2 of the Trump Travesty
* Fantasies always predominate in political people’s mentalities
* “The Driver’s Side” – News From The Motorist’s Perspective


* New Authority Allows DCFS to Strengthen and Preserve Families - Federal waiver grants DCFS flexibility to better care for fostered youth
* Illinois Film Industry Generates $499 Million in 2016 - Chicago named #5 Best Place to Live and Work as a Moviemaker
* State Announces Free Tax Preparation for Low Income Families
* Governor Announces Appointments
* Governor Takes Bill Action




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