SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
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        

  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:


    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:


    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. ===


    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:


    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.

  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.

* Kirk's debate comment called "racist" and "despicable"
* Aldermen behaving badly
* Exelon Caught In $1.4 Billion Tax Dodge - While Making $841 Million In Quarterly Profits
* Illinois Policy Institute claims AFSCME rejecting offers that would benefit state workers
* *** UPDATED x1 *** Durbin "has the support" to stay in Senate leadership slot
* Question of the day
* I don't think this is gonna work as planned
* More like this, please
* Rauner doesn't escape this time
* One of the best ads of 2016
* Asbestos lawyers launch high-dollar ad campaign in appellate race
* Back to the drawing board
* Proft on GOP, Trump and Madigan
* As usual, the blowhard walks it back
* *** UPDATED x1 - LIVE VIDEO *** Kirk taking page from Trump debate playbook
* SUBSCRIBERS ONLY - Supplement to today’s edition
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Yesterday's blog posts

Visit our advertisers...






Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

* Nintendo Switch reportedly sports 6.2-inch touchscreen, more official details coming January 12
* Google Pixel root achieved, Bluetooth pairing issues widely reported
* Pushbullet supports Allo messaging from PC
* Lenovo Phab 2 available today at $200, Tango-enabled Phab 2 Pro on November 1
* LG G6 to get MST capability
* Google Photos to take on Facebook’s Prisma?
* Twitter is retiring Vine

* Unlike some, White Sox still remember 2005
* Eaton named Gold Glove Award finalist
* One possible White Sox future playing out in Toronto
* pnoles' offseason plan
* Three times the 2005 White Sox never happened on Monday
* White Sox developing promising OF prospects
* Josh Nelson's Offseason Plan


Main Menu
Pundit rankings
Subscriber Content
Blagojevich Trial
Updated Posts

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


RSS Feed 2.0
Comments RSS 2.0


* The Wemstroms: Illinois needs solutions that he.....
* State economic development leader pays visit - .....

* Police evict oil pipeline protesters from private land
* AP News Guide: Pipeline activists swept off private property
* Latest: More than 100 arrests as pipeline protesters moved
* Researchers see bat populations decline in Illinois
* Police evict oil pipeline protesters from private land
* Man cleared in 6-year-old's death gets innocence certificate
* Chicago aldermen blast ethics ban on face-value Cubs tickets
* Man freed from prison after 12 years when case is dismissed

* Bobcat hunting opponents seek permits, won't use them
* Opponents emerge against Illinois road fund ballot question
* Feds end lease with Illinois for state park, citing neglect
* Statehouse Insider: Tomorrow's a new day; in Illinois, that may not be good
* Cook County lawyer who posed as judge criminally charged
* 1,100 non-union state workers getting $3,016 bonuses
* Springfield veteran honored for volunteer work
* Central Illinois soldier killed in Afghanistan
* Rauner administration awarding more than $3 million in bonuses to non-union workers
* SIU injury-prevention program reinstated through stopgap budget

* George Lucas unveils designs for L.A.-based Museum of Narrative Art
* Kirk, Duckworth spar in first televised Senate debate
* Feds probing Express Scripts' relationships with drugmakers, specialty pharmacies
* Obama says health consumers need to shop around
* In Washington’s drug price fight, plenty of blame to go around

* Madigan addresses voters confused by mail-in ballots
* 2 killed, 9 wounded in Thursday shootings across Chicago
* 3 shot in Logan Square drive-by
* Dear Abby: Daughter, 5 kids abruptly move in
* Georgia Nicols horoscopes for Oct. 28, 2016
* Metra schedules to be impacted by work on UP lines
* Electrical fire suspected as cause of Evanston blaze
* Bulls display an edge in the season-opening win over the Celtics
* Jennifer Lopez to star in NBC’s live musical ‘Bye Bye Birdie’
* Cubs are too talented not to win World Series

* 1 dead, 8 wounded in city shootings
* More aggressive Kirk goes after Duckworth in second debate, questions her family's heritage
* Jimmy Butler scores 24 as Bulls top Celtics 105-99 in season opener
* Putin's chaos strategy is coming back to bite him
* Bulls' Dwyane Wade comes home, opens season with great fanfare
* Parole denied for convicted Manson follower Charles 'Tex' Watson
* Nights to remember on deck for Cubs fans this weekend at Wrigley Field
* Jury acquits Ammon and Ryan Bundy, five others, in Oregon standoff
* Plane carrying Mike Pence slides off LaGuardia runway in NYC; no one injured
* Police fire pepper spray, bean bags as they oust oil pipeline protesters in North Dakota

The widget AQL4JYGHIY powered by Feed Informer does not exist.

* Our View: U.S. Rep. Rodney Davis deserves third term
* John Bouman: We all suffer from Illinois' budget crisis
* Eugene Robinson: Hillary Clinton is blazing a momentous trail
* George Will: Republican Party needs to revert to nominating Republicans
* Bernard Schoenburg: 9 on Sangamon County Board opt out of pension system
* Bobcat hunting opponents seek permits, won't use them
* Opponents emerge against Illinois road fund ballot question
* Our Opinion: LaHood endorsed in 18th Congressional District
* Leroy Jordan: Race Riot site must be preserved, taught to students
* E.J. Dionne: Trump is not a GOP aberration

* Church breaks ground on regional Catholic school
* Herrin Hospital is adding a new surgical suite
* Rev. Dorothy Cook
* Earl 'Bud' James
* Betty Broadway
* Cleveland Kimbrough
* Rebel Pinkston
* Arthur Dryer
* Herrin City Library history room houses collection of information and artifacts
* Fundraising for canine officer is a community effort

* Memo describes Bill Clinton's business ventures, fundraising
* New rules on warrants for online devices divide officials
* Trump U staff included drug trafficker, child molester
* Deep South drought kills crops, threatens herds, dries lakes
* Clinton runs up campaign cash advantage over Trump

* 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 visits 'extraordinary' Lake County ......

* Sen. Mark Kirk questions opponent's Americ......
* Sen. Mark Kirk questions opponent's Americ......
* Sen. Mark Kirk questions opponent's Americ......
* Sen. Mark Kirk questions opponent's Americ......

* “The Driver’s Side” – News From The Motorist’s Perspective
* Chicago Groups Skeptical Of CPS Borrowing Plan For School Construction
* Certain Cook County Suburbs Want To Opt Out Of $13 Minimum Wage
* Matter of ethics? Or ugly aldermen taking space from Hollywood glitter
* Ex-Illinois Congressman Says He Will Grab His Musket If Trump Loses
* Chicago Protesters Press Walmart To Stop Selling Trump Merchandise
* Really Kirk....
* Gooseberry Playlot Nears Completion On Malden
* Riviera Lofts Ready To Lease At Lawrence & Broadway
* Thorner: Mark Levin's case for an Article V Convention challenged

* Don’t be a Ghoul, Don’t Drink and Drive - Police throughout Illinois step up patrols for Halloween weekend
* Honoring Illinois' Fallen - United States and State flags at half-staff from Sunrise, Saturday, October 29, 2016 until Sunset, Monday, October 31, 2016.
* 25th Annual HIV/STD Conference - Celebrating Success, Shaping the Future - Sexually Transmitted Diseases increase while HIV decreases
* Workers’ Comp Commission Updates Technology at No Cost to Taxpayer - Another step in Rauner Administration’s modernization of state government
* Governor’s Children’s Cabinet Makes Lead Poisoning Prevention A Priority - October 23-30, 2016 - National Lead Poisoning Prevention Week

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