SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
Rep. Smith’s lawyer tries to cast doubt on federal case

Friday, May 30, 2014

* Rep. Derrick Smith’s attorney Vic Henderson went after the federal prosecutor’s case during yesterday’s opening arguments

The [FBI] mole was someone who was “down on his luck — he always needed money, always needed a place to stay,” Henderson said. “Because Derrick was a kind-hearted guy, he tried to help out.”

But the mole tricked both Smith and the feds by only recording some of the phone calls and conversations he had with Smith, Henderson alleged.

And Henderson denied Smith had confessed to the FBI, saying Smith had merely admitted he “messed up” by trusting the mole.

Though he acknowledged Smith wrote the letter in support of the grant application, Henderson said “that was his job — he supported anyone who came to him from his district.”

Calling Smith a “baby legislator” who was desperate to hold onto his seat and needed money, he told jurors “there’s a lot you haven’t heard.”

* But the case against Smith appears pretty darned solid

As the 2012 election season loomed, the campaign worker went to the FBI offering to wear a wire and record Smith scheming to receive a bribe, prosecutor Michael Donovan told jurors at the Chicago trial.

In a transcript of one recorded conversation displayed by Donovan on a large courtroom screen, Smith rejects Pete’s suggestion that he accept the money in a traceable cashier’s check.

“OK. Cash?” responds the informant.

“Yeah,” the legislator answers, “I don’t want no trace of it.”

In another recorded conversation, Smith tells Pete he needs plausible deniability, saying, “I don’t let the left hand know what the right hand is doing, man.”

- Posted by Rich Miller        


27 Comments
  1. - Lobo Y Olla - Friday, May 30, 14 @ 10:09 am:

    Calling Smith a “baby legislator” who was desperate to hold onto his seat and needed money, he told jurors “there’s a lot you haven’t heard.”

    Establishing motive for the Government in your opening statement is risky, risky, risky. Motive is not an element that the Government needs to prove.

    And it looks like I owe LizPhairTax a hearty, “you were right.” Looks like Vic is driving, not Sam.


  2. - A guy... - Friday, May 30, 14 @ 10:17 am:

    He was a new or junior legislator. Not a baby! One law I know to be in effect is that “babies” are not eligible to run for office. No petition ever had “footprints” as signatures. I think this dude is 50. If you haven’t learned ethics before then, you’re just a corrupt taker. Go Directly to Jail. Don’t collect another dime.


  3. - VanillaMan - Friday, May 30, 14 @ 10:29 am:

    “I don’t want no trace of it.”

    If you want to pretend Smith is a sweet little, big hearted Madigan duckling, his statement here should put an end to that.


  4. - OneMan - Friday, May 30, 14 @ 10:34 am:

    Rep. Smith’s lawyer tries to cast doubt on federal case

    I suppose that is better than

    Rep. Smith’s lawyer just sits there and says, “I got nothin’”


  5. - Upon Further Review - Friday, May 30, 14 @ 10:35 am:

    What a load of horse manure! Smith was in a safe Democratic district that reelected him handily even after he was expelled from the House. If he had behaved decently, he could have been a life long incumbent.

    The only threat to Smith’s tenure or longevity was Smith himself.


  6. - wordslinger - Friday, May 30, 14 @ 10:36 am:

    No defense of Smith, but was this good use of FBI resources? Smith was a nobody, with no influence on anything

    Smith unknowingly had a a long-term, for-pay, FBI snitch on the payroll. The snitch suggests soliciting a bribe and sets up the sting with the FBI.

    Okay. Whatever. You boated the dumbest fish in the pond.

    But it’s certainly not going after systemic corruption, or taking illegal guns off the streets, or shutting down open-air drug markets, or putting any heat on the cartels that have made Chicago their national distribution center.

    You got Derrick Smith. What do you want, a medal?


  7. - Upon Further Review - Friday, May 30, 14 @ 11:01 am:

    @Wordslinger:

    You hit the nail on the head. The prosecutors always seem to take out the minnows while the big fish continue to swim about freely.


  8. - Wensicia - Friday, May 30, 14 @ 11:02 am:

    Smith may be small potatoes, yet Madigan continued to support his run for office after the arrest. You really want the feds to skip these guys and let them remain in office? He’s a criminal, soon to be convicted. They were right to go after him.


  9. - MOON - Friday, May 30, 14 @ 11:14 am:

    UPON

    Who are these “Big Fish” that you speak of?


  10. - x ace - Friday, May 30, 14 @ 11:18 am:

    No such thing as a Slam Dunk in a Jury Trial.

    “Jury Nullification” looms.

    If just one juror subscribes to Wordslinger’s astute ” boated the dumbest fish in the pond”
    theory Smith walks.


  11. - low level - Friday, May 30, 14 @ 11:44 am:

    Yes, Smith is one of the dumbest individuals ever to serve in the IL House.

    How this is relevant to anyone besides Derrick Smith is beyond me.


  12. - Chi - Friday, May 30, 14 @ 12:00 pm:

    There’s gotta be a reason he hasn’t pled guilty here, right? I mean, he doesn’t have a ton of money to waste on a defense, does he? It’s not high-profile enough for him to get any significant discount on the defense, is it? Is he refusing to roll on others? Are there others the Feds care about that would let Derrick Smith in on their schemes? I don’t get why this trial is occurring.


  13. - 47th Ward - Friday, May 30, 14 @ 12:07 pm:

    ===I don’t get why this trial is occurring.===

    Agree 100%. I’ve been wrong on this from the get-go.


  14. - Chi - Friday, May 30, 14 @ 12:16 pm:

    =“Jury Nullification” looms.=

    Come on. A jury is going to agree he took a bribe but decide taking a bribe should not be illegal and acquit him? Do you mean it’s possible one juror decides he’s not guilty, so they don’t convict or acquit him? And then we waste money on another trial because for some reason this doesn’t case refuses to get pled out?


  15. - Formerpol - Friday, May 30, 14 @ 12:19 pm:

    He is going to be convicted. You heard it here first.


  16. - Rich Miller - Friday, May 30, 14 @ 12:30 pm:

    === You heard it here first. ===

    LOLOL.

    Really? Today, over a year after his arrest, you’re the first to predict he’s gonna be convicted?

    Such genius!


  17. - x ace - Friday, May 30, 14 @ 12:35 pm:

    Chi - it’s going to trial because that’s his only hope and yes , it only takes one juror to prevent a conviction and cause a hung jury.
    So “Roll the Dice” ain’t a bad option. Remember “OJ”.


  18. - A guy... - Friday, May 30, 14 @ 2:40 pm:

    ==== Formerpol - Friday, May 30, 14 @ 12:19 pm:

    He is going to be convicted. You heard it here first.=====

    You may have heard it “here” first. But not from you.


  19. - Upon Further Review - Friday, May 30, 14 @ 3:30 pm:

    @Chi:

    Who is Smith going to roll on? If you want to rat out someone else you have to snitch on someone higher up in the food chain, not someone lower.
    Other legislators have been avoiding Smith like a leper for the past two years or longer, so I doubt he has too much inside information to peddle.


  20. - Leave a Light on George - Friday, May 30, 14 @ 3:39 pm:

    “You hit the nail on the head. The prosecutors always seem to take out the minnows while the big fish continue to swim about freely”

    Two Gov’s, a US Senator, Senator’s wife. How big a fish do you want?


  21. - Upon Further Review - Friday, May 30, 14 @ 3:44 pm:

    Two former Governors. Both Blagojevich and Ryan were out of office when they were tried.

    What US Senator and wife are you referring to? My comments were limited to Chicago and Illinois.


  22. - Leave a Light on George - Friday, May 30, 14 @ 3:48 pm:

    “What US Senator and wife are you referring to? My comments were limited to Chicago and Illinois.”

    Jesse Jackson Jr, and his wife Sandy. Geez try and keep up will you.


  23. - Leave a Light on George - Friday, May 30, 14 @ 3:49 pm:

    Oops my bad. Congressman JJJ


  24. - Upon Further Review - Friday, May 30, 14 @ 3:50 pm:

    Newsflash: Jesse Jackson, Jr. was never a US Senator. He was a do nothing Congressman. His wife was an alderman, but aldermen going to jail is not news.


  25. - Precinct Captain - Friday, May 30, 14 @ 4:07 pm:

    From the Twitter sidebar

    An FBI agent admitted today to embarrassing “mistakes” in the bribery case against state Rep. Derrick Smith. sun-tim.es/1k997KY


  26. - Precinct Captain - Friday, May 30, 14 @ 4:13 pm:

    ==The prosecutors always seem to take out the minnows while the big fish continue to swim about freely.==

    Season one of The Wire. Even the federales only want things that might not pollute their waters (don’t go after who recommended them, etc.). We were lucky with Patrick Fitzgerald.


  27. - x ace - Saturday, May 31, 14 @ 12:18 am:

    Wow - Thanks PC for the Twitter link - Sun Times says:
    Informant paid $25,000 to set up Smith with $ 7,000 bribe that was the paid Convicted Felon Informant’s idea and Cops get Wire Tap Order without disclosing the Informants lengthy Criminal History.
    Sounds like a great start for the defense. (Appears they are going to trial with some ammo)


Sorry, comments for this post are now closed.


* Good morning!
* Oberweis now for gay marriage
* The patented Pat Quinn close has begun
* 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

          
        * Nova Launcher adapts Lollipop design in latest update
        * Bluetooth speaker from Bowers & Wilkins: style & credibility
        * Cashiers don't understand Apple Pay and it's totally adorable
        * Review: Belkin WeMo LED Lighting plays nice with the WeMo system
        * Microsoft opens up the Garage, employees working to improve on Android apps
        * The Week in Mac Apps: All aboard the midnight train to Yosemite
        * Digitizing classrooms with OneNote Class Notebooks

        * What's The Worst Airline?
        * Plan Your Meal Before Reaching the Restaurant to Have a Better Time
        * Controllino Arduino Open Source CE And UL Certified IOT Controller (video)
        * Bang & Olufsen BeoPlay A2 Bluetooth Speakers Unveiled
        * Hungarian Government Plans On Taxing Internet Data Transfers
        * Yahoo Mail App Updated With Flight And Event Notifications
        * German publishers give in to Google’s news snippets “blackmail” for now

        * Nori Aoki: The White Sox Killer of 2014
        * World Series Game 2: Notes and discussion
        * 23 potential MLB free agents as SkyMall items
        * World Series Game 1: Notes and discussion
        * The e-gus off-season plan
        * Reading Room: A wild card of a World Series
        * Following same path as '59 White Sox, KC eyes title


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

        Archives
        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


        * Zells donate $10 million to Ounce of Prevention..
        * Reporter quits Chicago newspaper, says governor.....
        * Court-appointed monitor ordered for IDOT hiring..
        * Bruce Rauner encourages women to get out the vo.....


        * Chicago jail escapee sentenced to 36 years
        * Durbin, Oberweis face off in 1st US Senate debate
        * Biden in Illinois: Each vote for Democrats crucial
        * Indiana killings case prompts Illinois searches
        * Reporter resigns following Rauner complaint
        * Illinois adding press-box medical staffer
        * VP says Democrats working to protect middle class
        * Former Illini coaches speak at McClain's funeral
        * Editor defends Sun-Times after reporter quits
        * Court-appointed monitor ordered for IDOT hiring

        * Minimum wage increase supporters urge early voting
        * Sun-Times political reporter resigns following Rauner complaint
        * Minimum wage hike supporters urge early voting
        * Federal judge orders court-appointed monitor for IDOT hiring
        * Rep. Raymond Poe to undergo stem cell transplant
        * Bill Clinton campaigns for Quinn, Durbin
        * Quinn, Rauner spar over jobs, taxes
        * Election 2014: Learn about all the candidates
        * What to watch for in third governor debate tonight
        * U of I sees turning point as election nears

        * Major convention bolting Chicago in hotel room rate dispute
        * The cool chemistry of flame-resistant clothing
        * 10 Things to Do
        * Ken Griffin says wife's claims are 'devoid' of merit
        * What's next as Sun-Times/Rauner story explodes?


        * Father Bob Botthof, teacher who became priest after losing wife, dies at 85
        * Scandal or not, Bring on that  federal monitor
        * ‘Narcissistic’ bank robber and jail breaker sentenced to 36 years
        * New archbishop chooses modest rectory over traditional mansion
        * Federal monitor will oversee hiring at Illinois Department of Transportation
        * Critics on Emanuel’s choice for city treasurer: Good person, flawed process
        * CPS wants to delay new standardized test, even though state says 'no'
        * Father Bob Botthof, teacher who became priest after losing wife, dies at 85


        * Jefferson Park woman reported missing
        * Woman, 33, shot in East Garfield Park
        * Durbin, Oberweis clash on immigration, health care in debate
        * 1 dead, 1 wounded in Richton Park shooting
        * Aldermen question speed cameras
        * Man charged with arson in Logan Square fire
        * 17-year-old charged in West Side man's slaying
        * Sun-Times reporter Dave McKinney resigns, calls time off 'house arrest'
        * Suspect in serial killings charged in 2nd death
        * CPS sells first shut-down school


        * Real estate and religion: The tale of Seventeenth Church of Christ, Scientist
        * Suspicion lingers over Ebola treatment
        * Judge Orders Court Appointed Monitor For IDOT Hiring
        * 13th Dist. Candidates Talk NAFTA, Ebola During Springfield Debate
        * Attorneys Due In Court For Quinn Hiring Lawsuit
        * Small Campaign Contributions Amount To Chump Change
        * Civic Fed: Lawmakers Once Again Taking Illinois Down Bad Budget Path
        * Cheddar's Leaves Springfield WUIS-SJR Business Report
        * Area Cub Scouts Burned In Explosion
        * Notes On The Final Governor Debate


        * Our Opinion: Frerichs has the expertise to be Illinois treasurer
        * Robert Kaestner: Good education policy is good health policy
        * Eugene Robinson: Warren makes the case for a presidential run
        * Bernard Schoenburg: Local Rauner ad leaves out ‘everything Springfield isn’t’ line
        * Minimum wage increase supporters urge early voting
        * George Will: In Kentucky, a constitutional moment
        * Sun-Times political reporter resigns following Rauner complaint
        * Federal judge orders court-appointed monitor for IDOT hiring
        * Our Opinion: Choice for Illinois comptroller comes down to experience
        * Rep. Raymond Poe to undergo stem cell transplant


        * Police reports
        * Area Calendar 10/23/14
        * State’s Attorney cracking down on bad checks for the holidays
        * Race preview: Champaign County Clerk
        * Top of the Morning, Oct. 23, 2014
        * Candidate interview: Gordy Hulten
        * Candidate interview: Scott Hays
        * Deputy injured in accidental shooting
        * Red Kettle website opens
        * Upcoming Services (Oct. 23, 2014)


        * Ted Melfi takes questions about 'St. Vincent'
        * Dawn Patrol: Joe Biden in Vernon Hills; Batavia police seek cop attacker
        * Kane sheriff hopefuls explain why each deserves your vote
        * Schaumburg convention center to start $11.6 million renovation
        * Sun-Times reporter quits over paper's handling of story

        * Patrick Cannon defense strategy rare but n...
        * Feds fine Jesse Jackson Jr.'s campaign com...
        * Ex-Congressman Jesse Jackson Jr. faces sen...
        * Representative Jan Schakowsky Sends Letter...
        * Rep. candidate pushes to uphold marriage b...
        * Reps. Schakowsky and Waxman Introduce Bill...
        * Statement by Representative Jan Schakowsky...
        * U.S. House Passes Resolution Condemning An...
        * FAA Rejects Call For New O'Hare Noise Stud...
        * Representatives Quigley, Duckworth, Schako...

        * Ad nauseam...
        * Ad nauseam...
        * Ad nauseam...
        * Ad nauseam...
        * Ad nauseam...

        * Officials continue push for funds to clean......

        * Guidelines And Tricks To Get You By way of Higher education
        * Mayor Looks To Squeeze Motorists More In 2015 Budget
        * City Clerk Announces New Push To Nab City Sticker Scofflaws
        * Poll: Illinois Governor's Race A 'Statistical Tie'
        * Report Examines Big-Money Influence In IL Guv's Race, Congressional Primaries
        * Dozen more days of anti-Quinn rhetoric
        * The True North Strong and Free...
        * The College Football Report: Jameis State
        * Chicagoetry: Sixteen Movies Ago
        * More Details About Decatur Classical School's Possible Move To Uptown


        * TV Breaking News: Ethics blow for Pat Quinn
        * Federal judge deals Quinn ethics blow on IDOT patronage hiring
        * Rauner Statement on Federal Hiring Monitor at IDOT
        * Governor Quinn Announces Ebola Task Force - Group of Healthcare Experts to Advise State on Ebola Response Efforts
        * New TV Ad: Endorsed




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