SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
Should Ryan get a new trial? - UPDATED

Friday, Apr 28, 2006

The Sun-Times has been all over this.

Just two days after a judge shot down their last attempt, former Gov. George Ryan’s lawyers will appear in court again this morning with what they say is new evidence of improper “outside influence” on the jury that convicted him of corruption.

Ousted juror Evelyn Ezell claims another juror, during deliberations, read aloud from research the juror had conducted on case law.

Some appellate courts have ruled that jurors’ independent research constitutes the kind of “outside influence” that requires courts to throw out convictions and grant defendants new trials. […]

Ezell said another juror brought in a couple of sheets of paper she surmised were reprints of information from the Internet. Reading aloud, the juror said, “A juror can be dismissed for not deliberating in good faith,” Ezell recalled. Then the juror read the section number and other citations for the law or case she was quoting from, Ezell told the Chicago Sun-Times on Thursday.

There is a recent case that seems to come close to this problem. Ed Rosenthal, the self-proclaimed “Guru of Ganja,” just got a new trial.

A three-judge panel of the San Francisco-based appeals court, in overturning the verdict, said a juror had had inappropriate communication with an attorney.

“Juror A” had asked the attorney during trial whether she had to follow the law or could vote her conscience because she suspected Rosenthal was growing marijuana for medicinal uses. The attorney told her she must follow the judge’s instructions to follow federal law or she would get in “trouble.”

“We hold that here the communication was an improper influence upon Juror A’s decision to acquit or convict,” the appeals court wrote.

[Hat tip: RandomActOfKindness]

UPDATE: From a reporter friend:

Judge Pallmeyer got angry today…by her standards, anyway. For me, it’d be called even-keel. She ripped Webb and Co. for continuing to imply there was an anti-George conspiracy on the jury or in her courtroom.

Basically, she gave the feds until Wednesday to respond to Webb’s assertion that Ezell should be brought in and questioned. Ruling to come Thursday.

UPDATE 2: AP:

Former Gov. George Ryan’s trial judge said Friday that she takes seriously a defense claim that legal documents might have been imported into the jury room, bringing improper outside influence on the jurors, and she added that she might order an investigation.

“I do take it as a very serious allegation,” U.S. District Judge Rebecca R. Pallmeyer told both sides after Ryan’s defense attorneys asked her for permission to interview former juror Evelyn Ezell about her claim that outside legal documents were read to her by another juror.

Ezell has said in numerous media interviews including one with The Associated Press over the past two days that during deliberations a juror brought papers into the jury room.

She said the papers involved the law on when a juror could be dismissed for failing to deliberate in good faith — something she was being accused of by fellow jurors.

- Posted by Rich Miller        


7 Comments
  1. - yougotta be kidding me - Friday, Apr 28, 06 @ 7:00 am:

    NO NEW TRIAL - throw the crook in jail and let’s get on to fixing this State. Another trial will do nothing more than give this State a black-eye and solidify the political mess that both sides of the aisle have created and have to deal with. Even OJ thinks the verdict was right!


  2. - Anonymous - Friday, Apr 28, 06 @ 7:17 am:

    Two more trials. Another conviction and a failed appeal.

    Should be all wrapped up in time for the 2010 elections.


  3. - Ravenswood Right Winger - Friday, Apr 28, 06 @ 7:51 am:

    didn’t Ryan & Warner’s attorneys ask for separate juries way back in the beginning? This was denied by Judge Pallmeyer. That may be better grounds for the appeal than juror misconduct.


  4. - Pat Hickey - Friday, Apr 28, 06 @ 8:16 am:

    Absolutely, George Ryan should get a fair trial. The recent government/media steamrolling in a courtroom, not unlike the bludgeoning of Mickey Segal - who lost money on that one? - continues to be a disgrace. The Orwellian ‘two minutes hate’ whooped up on Gov. Ryan in media worked its magic on the most vocal Ryan antagonists. Many, like me who never voted for Ryan in the first place, are not convinced that the shower of government charges against him hold water. It seems to me that Peter Fitzgerald’s ruffled feathers over his inability to wedge his way into influence on the Lincoln Museum fanned the flames that burned Ryan at the stake.


  5. - Shelbyville - Friday, Apr 28, 06 @ 8:46 am:

    Yes, seperate trials were requested and denied.
    Yes, there should be 2 new trials.

    What I find amazing is that, the fed. court is still refusing to do criminal background checks on jurors. Once the backgrounds of some have been exposed, the Tribune will continue to investigate and report. Why would the federal govt. refuse to do a simple background check? Because, everyone that has been convicted will now do background checks on their jurors?

    Jurors are no longer everyone peers. Many are unemployed and underemployed and they lie to be able to sit on an important case and collect the meals, salary, and sometimes housing. Anyone that has to be at work and wants to be at work, weasles their way out of jury duty.

    I bet the Fawell attorneys are investigating the jurors that sat on his trial. I know that I would be.


  6. - Navin Johnson - Friday, Apr 28, 06 @ 10:42 am:

    No, Ryan should not get a new trial.

    However, Ryan has a right to appeal. Unlike most of the low level employees that Ryan and his minions intimidated and coerced throughout his political career, George, courtesy of Winston & Strawn, has the resources to put up a fight when threatened and will get an appellate court decision about whether he gets a new trial or not.

    Generally, the 7th Circuit is not friendly to felons. However, Ryan might be able to pull it off. If so, it goes back to a trial. I am confident the result would be the same, George facing serious jail time for his crimes.

    Warner was originally indicted on May 21, 2003. Subsequently, Warner’s trial was repeatedly delayed at the request of Warner. 19 months after his original indictment, Warner was hit with a superceding indictment that included Ryan on December 17, 2004. If he had gone forward with a trial in the 19 months before Ryan was jointly indicted he wouldn’t had to to risk a joint trial. Warner demanded a speedy trial only after the joint indictment. Warner took a risk by delaying and paid the price.


  7. - THE HANKSTER - Friday, Apr 28, 06 @ 11:02 am:

    Yes, everyone deserves a fair trial, even people you may not like. This trial was clearly filled with too many questions and possible violations to be fair. He probably would be convicted in a new trial also but he, like everyother American, deserves a fair trial.


Sorry, comments for this post are now closed.


* AFSCME to announce strike authorization vote results tomorrow morning
* HGOPs fight back against Dem messaging on Rauner budget
* The appearance of access
* Today's number: $12,401,195,168.60
* It's just a bill
* Question of the day
* STI death rates on the rise here, but we're way down the list
* Local reaction to new immigration order
* *** LIVE *** House session coverage
* Is a sales tax on food really regressive?
* *** UPDATED x1 *** 14 of 16 CPS Latino Advisory Committee members resign in protest
* Not surprisingly, local governments hate permanent property tax freeze idea
* *** UPDATED x1 *** SIU's Dunn: "We need to acknowledge that FY16 is now lost"
* Mystery solved on Rauner's whereabouts
* Would term limits make much of a difference?
* Study looks at how race of prez delegates may influence GOP primary voters here
* Kennedy fundraises off of proposed budget cuts
* SUBSCRIBERS ONLY - Supplement to today’s edition
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

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

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

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

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

...............
<


Loading


* How CPS' Lawsuit Against Rauner Could Play Out .....
* Illinois Tax Heist - Wall Street Journal (subsc.....
* Rauner Pushes For More Rigorous School Standard.....
* Senate urged to leave state’s PE requirements a.....
* Lake Ellyn improvements moving ahead thanks to .....
* Rauner pledges to stay course during Normal tri.....


* Hastert victim again argues for remainder of hush money
* Immigrants fearing deportation under Trump change routines
* Republicans who won after rowdy town halls now avoiding them
* Not-for-profit owner pleads guilty to bankruptcy fraud
* Experts: Science behind 'abortion reversal' is flawed
* Immigrants change up their routines, brace for arrest
* Illinois education board vote settles 2008 funding lawsuit
* Hoopeston dealer gets life for cocaine and meth distribution
* Central Illinois woman gets 3-year term for baby's death
* Principals to bar immigration agents from Chicago schools

* Hastert victim again argues for remainder of hush money
* Senate urged to leave state's PE requirements alone
* AFSCME will announce results of strike-authorization vote Thursday
* Luciano: State lawmakers fiddling while Illinois burns
* Illinois education board vote settles 2008 funding lawsuit
* Municipal League opposed to permanent property tax freeze
* Illinois State University seeks public input on its future
* AFSCME strike authorization vote outcome to be revealed this week
* Cheri Bustos won't run for Illinois governor
* Illinois bill would rein in pro athletes' worker comp claims

* Many Fed officials see rate hike 'fairly soon'
* Is Warren Buffett going to buy an airline? ​
* Is Warren Buffett going to buy an airline? ​


* Sneed: Gov and family spend his birthday skiing in Utah
* Trade talk gets louder for Bulls, just not for Jimmy Butler
* How will new transgender guidelines affect suburban schools?
* Immigration lawyers echo CPS advice, critics question motives
* Man, 29, shot on Southwest Side
* ASPIRA charter network teachers overwhelmingly vote to strike
* 1 in custody after fatal stabbing in northwest Indiana
* Cops renew call for help finding St. Charles man missing 10 years
* Brown: ‘Small’ Parkway Gardens kids program must get a bit bigger
* ‘Uncle Vanya’ speaks to the anguished nature of living


* Black aldermen call for contract changes to cull 'racism and violence' from CPD
* DNC race remains tight as Democrats seek to turn protests against Trump into wins
* Emanuel administration clears bribe-paying red light camera vendor to bid on contracts
* Wizards acquire Bojan Bogdanovic in trade with Nets: report
* Trump administration lifts federal transgender bathroom guidelines
* Many Dakota pipeline protesters leave as remnants of camp go up in flames
* One simple fix to speed up baseball: call more strikes
* The spirited debate at New Trier: Civil rights awareness or 'indoctrination day'?
* Death at Sylvan Lake ruled a suicide
* CPS Latino advisory committee members quit over budget cuts


» 16 Latino Leaders Resign From Chicago Public Schools Advisory Panel
» Teachers At Chicago Charter School Vote To Authorize A Strike
» City Council Delays Vote On Street Performing Ordinance
» Retired Generals Oppose Grand Bargain's Lower Phys Ed Standards
» Emanuel Reworks Plan For $15M Tax Rebate Money
» Immigrants Change Up Their Routines, Brace For Arrest
» Illinois Budget Impasse Jeopardizes Hundreds Of Student Jobs At Northeastern Illinois University
» State Board Of Education To Adjust How It Distributes Money
» New Immigration Enforcement Policies Worry Some Chicago Attorneys
» Top Cop Defends His Promotion Of Commander With 90 Complaints


* Bernard Schoenburg: Duckworth in weekly address: Trump record 'abysmal'
* Our View: TIFs can't become the go-to bailout fund
* Hastert victim again argues for remainder of hush money
* Senate urged to leave state's PE requirements alone
* AFSCME will announce results of strike-authorization vote Thursday
* Luciano: State lawmakers fiddling while Illinois burns
* Illinois education board vote settles 2008 funding lawsuit
* Municipal League opposed to permanent property tax freeze
* E.J. Dionne: The death of a hero
* Michael Gerson: America’s sacred fire must not be doused


* Sen. Dick Durbin releases statement on new policy for transgendered people
* Next year, you’ll be able to take one small step to see history
* Area boys' basketball stats (through Feb. 22)
* Area college update (Feb. 23): Meacham sets record
* Chicago legislator wants to name Interstate 55 after President Obama
* Seeding is believing (Week of Feb. 23)
* Trump administration lifts transgender bathroom guidance
* Two vie to represent Eighth Ward on Rockford City Council
* Cahokia alliance hosts ‘Coffee with a Cop’
* PODCAST: Sports Talk 2-22-17


* Amber Alert issued for man last seen in Glendale Heights
* Rules confusion reigns, only hurting well-intentioned anglers
* Local sheriffs air concerns on deportations
* Cubs make time to make sick kids' day
* Cubs' Maddon, Bryant weigh in on proposed changes to speed up game

* US Representative Randy Hultgren visits ne...
* Hultgren to participate in veterans forum ...
* Hultgren criticizes immigration ban, Roska...
* Hultgren will be at veterans' forum March ...
* Rep. Hultgren visits Aurora Textiles plant...
* Hultgren guides STEM scholars through pres...
* US Congressman tours new Aurora Specialty ...
* Letter: Same insurance as Congress? - Kend...
* Group upset with Trump wants Town Hall mee...
* GOP congressman appears to distance himsel...

* Two US Lawmakers Back Lethal Weapons For U......

* Bernard Schoenburg: Duckworth in weekly ad......
* Senator Duckworth tours the Stateline - WIFR...
* Illinois Senators vocally oppose Trump on ......

* ThemPeople draw from Chicago’s close-knit hip-hop scene for two new tracks inspired by TV
* Nintendo’s new console Switch works best when it takes the video out of video games
* Federal investigation shows Pakistani bros secretly took $100k from Iraqi source
* Hinz: Chicago's leaders are to blame for Seaway Bank's failure
* Forty-fives go mobile on the gig poster of the week
* The OnEdge experimental performance series questions traditional theatrical norms
* Retired military leaders express concern over effort to lower Illinois PE requirements
* Basketball Thursday Night - Cops And Community
* New Trier race seminar to continue as planned, school board prez says
* Basketball Wednesday Night - Cops And Community


* Governor Addresses State Board of Education to Emphasize Importance of Strong Accountability Standards
* Stars and Legends to Perform at 2017 Illinois State Fair - First Round of Grandstand Headliners Announced for Springfield Fair
* Earthquake Education Kiosk Unveiled at University Mall in Carbondale - IEMA, Central U.S. Earthquake Consortium project will help southern Illinois residents reduce damage, injuries from earthquakes
* Governor Takes Bill Action
* 2017 Budget Address

  
* LTE-U to launch this spring on the T-Mobile network
* Leaked materials show Samsung Galaxy S8+ specs
* [Deal] T-Mobile is running an unbelievable sale on the Samsung Galaxy S7 and S7 Edge, LG V20
* Evan Blass shows Verizon’s Moto G5 Plus launching soon
* Packing photos and videos into one Instagram post is now possible
* Apple SIM Partner AlwaysOnline Wireless Drops Data Prices for UK Users
* This is the best look yet at the LG G6 from all angles

* Holland brings loose, fun personality to White Sox clubhouse
* Frazier to miss several days of camp with sore side
* Geo Soto, Gio Soto share bond beyond name
* Giolito feels work from offseason paying off early in camp
* White Sox earn praise for reshaping club
* Giolito feels work from offseason paying off early in camp
* White Sox content with group of catchers entering 2017


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

Archives
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
WordPress




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