Prosecutors argue against Cellini retrial
Friday, Nov 18, 2011 - Posted by Rich Miller
* Damage control…
In a filing late Thursday, federal prosecutors argued against a new trial for Springfield power broker William Cellini amid revelations that a juror who helped convict him earlier this month apparently concealed her felony criminal background during jury selection.
In the 25-page filing, the government said Cellini couldn’t prove that the juror’s prior convictions were deliberately concealed or that the court would have excluded her if she provided accurate responses. […]
“Although (name redacted) appears to have two felony convictions, she was sentenced to probation for both, and her probationary sentences terminated over a year before the trial in this case. As such, her civil rights were restored under Illinois law, and (name redacted) was eligible to serve as a juror in this case.”
The prosecutors hope that the judge’s decision will revolve around whether the juror deliberately concealed her convictions or not. If it was an honest mistake, prosecutors say, it’s no big deal. The defense disagrees.
* And it’s been obvious for years that John Kass has had it in for Cellini, but this is a bit much, if you ask me…
But first, let me tell you what my friend Deuce and I did the other day. We went looking for that Cellini juror.
The one who apparently lied about her multiple felony convictions — a DUI and possession of crack cocaine — and by doing so may have screwed up Illinois’ most important political corruption case in years: The successful prosecution of a political untouchable, Illinois Republican boss William Cellini, the multimillionaire who spent decades in the shadows, undetected at the center of the Combine’s web.
Out in that juror’s neighborhood, it was getting dark but still bright enough so the man in her apartment could see us and buzz us in. A little boy stood out on the landing, waiting, and then the older gentleman wearing a Chicago Blackhawks jersey came out.
“She’s not here,” said the man in Hawks colors. His cellphone started to ring, and Deuce asked for his number.
“No,” he said. “I don’t roll like that.”
It was dinnertime. I figured she was behind that door. Just then the boy stepped back out. He said something about the Cellini juror who is believed to have hidden her felony convictions.
“She’s afraid,” he said.
She has nothing to be afraid of, I lied. Don’t worry, I told him. Then we left.
It’s hard to believe an editor signed off on such threatening nonsense. And he had to bring a wingman? I thought Kass was supposed to be a tough guy.
- adolfo - Friday, Nov 18, 11 @ 7:55 am:
Kass is a blowhard toughguy, a journalistic Mike Ditka.
- anon - Friday, Nov 18, 11 @ 8:07 am:
I think this is how some other Trib reporters roll as well.
- siriusly - Friday, Nov 18, 11 @ 8:09 am:
adolfo - that’s an insult to Ditka
Kass is paranoid and cartoonish.
- Springfieldish - Friday, Nov 18, 11 @ 8:16 am:
Deuce, you’re no Slats Grobnik. And Kass, you’re no…. (I can’t even write his name in the same sentence with Kass!)
- wordslinger - Friday, Nov 18, 11 @ 8:43 am:
The defense contention seems to be that a juror lied to in order to get on a jury. That seems a bit counter-intuitive.
Kass has four or five columns — Cellini, Daley runs the country through Obama, Quarters Boyle, Obama/Rezko — that he just recycles over and over, rewriting a couple of paragraphs here or there.
Maybe now that Fast Eddie is out of the can he can get some new material.
- Observing - Friday, Nov 18, 11 @ 8:48 am:
Getting back to the real story…Cellini…people in Springfield have been afraid to cross him and his pals for years.
- Oswego Willy - Friday, Nov 18, 11 @ 9:22 am:
John kassis the Bully in “A Christmas Story”, with his “toad-ie” sidekick … Once Ralphie beat him up, he was never the same. Some day, Kass will go too far, and he and his “toad-ie” Deuce will become even more irrelevent. A columnist needs to take side, I get that, but taking sides doesn’t mean over the top hyberbole.
- MantenoMeatHead - Friday, Nov 18, 11 @ 9:27 am:
Kass is a clown. Always has been. But this is over the top nonsense. And his editor should catch some flak too for greenlighting this piece.
- bdogg - Friday, Nov 18, 11 @ 9:36 am:
Kass has not a single clue.
- Ace Matson - Friday, Nov 18, 11 @ 9:40 am:
Cellini will have to show that the outcome would have been different had it known about the juror’s convictions. Defense would have wanted a juror with a felony; prosecution likely would have bounced her. So there is likely no causation here. Impeaching jury verdicts after-the-fact is a dangerous practice which the law tries to avoid. I predict Cellini conviction will stand.
- Wensicia - Friday, Nov 18, 11 @ 9:49 am:
Kass hasn’t any klass.
- Yellow Dog Democrat - Friday, Nov 18, 11 @ 9:51 am:
Retrials favor the prosecution.
- walkinfool - Friday, Nov 18, 11 @ 10:17 am:
Kass needs a long vacation. Make that very long.
- Oswego Willy - Friday, Nov 18, 11 @ 10:25 am:
===Kass needs a long vacation. Make that very long.===
That reminds me of the joke of the guy taking golf lessons, the golf pro says, “Take two weeks off playing golf … then just quit altogether!”
- Happy Returns - Friday, Nov 18, 11 @ 11:24 am:
Easy reader version: Kass took a deuce in the ‘hood, and noone would talk to him.
- Dirty Red - Friday, Nov 18, 11 @ 11:34 am:
One of my friends from the old school Tribune would talk about how useless Kass was as a reporter on assignments like this. Someone usually went with him just to make sure he came back with info that is actually worth filing.
- Bonsaso - Friday, Nov 18, 11 @ 11:39 am:
I used to work at the infamous hotel back in the early days when Cellinis were visible there, didn’t know Cellini except to say hi. Not once did he not have a genuine smile on his face, no employees ever thought he was a tough or said anything bad about him. I was even at his nephew’s reception, seemed like a nice family.
- L.S. - Friday, Nov 18, 11 @ 11:40 am:
I’d like to find a story that sends Kass and Deuce asking questions in the apartment complex from Training Day.
- Corduroy Bob - Friday, Nov 18, 11 @ 11:47 am:
Kass? As Kevin Durant said last year about Chris Bosh: “Fake tough guy.”
- Zool - Friday, Nov 18, 11 @ 11:54 am:
Logic tells me Ace Matson’s take on it is correct. Generally, defendants don’t mind having a felon on their jury. Rank speculation, but maybe Webb’s people knew about the juror’s problem all along and just kept it in their hip pocket in the event of a conviction. If the juror was not competent to serve, it doesn;t matter whether the juror was likely to be pro-state or pro-defendant.
- just sayin' - Friday, Nov 18, 11 @ 12:18 pm:
I don’t think John Kass “had it in” for Cellini so much as Cellini had it in for the people of Illinois who were victimized by his corruption and greed.
Given all the catterwalling and screeching for years over Blago (a relative small fry), coverage of Cellini, the big player, has been relatively minor.
- TomD - Friday, Nov 18, 11 @ 12:25 pm:
Part of why this gets so much play is that the Trib & Sun-Times reporters don’t like the way the judge treated the media during the trial(s). Thus, they are exaggerating the importance of this issue (and exaggerating their own importance to the process). . . . . . I would love a decision to come out of this that would reinforce the trial judge’s authority on juror privacy and would gut this post-trial-background-check strategy for lawyers who don’t like a jury’s verdict.
- Regnad Kcin - Friday, Nov 18, 11 @ 12:32 pm:
If you went by Kass’ definition, I’m part of the combine - and that is laughable.
- Fed up - Friday, Nov 18, 11 @ 12:48 pm:
While far from perfect at least Kassel would write about the happening in Chicago and Springfield that led the state to be in the position it is in today. Perhaps if more reporters weren’t in awe of the Daleys,madigans,cellinis,burkes jones culler tons and asked a few more questions or wrote an occasional story about the relatives getting rich or insider deals we would be better off as a state. Plus I think Rich is jealous of Kass’ s beer can chicken recipe.
- amalia - Friday, Nov 18, 11 @ 1:18 pm:
I’m not wasting time thinking of the Kass opinion when there are actual facts that really anger me. Zagel and no background check. AUSAs and no background check. and now this revisit. Cellini was the big get, with no room for error. this is an error that is not easy to make. sad.
- IrishPirate - Friday, Nov 18, 11 @ 1:33 pm:
Once in awhile Kass will write a good column. Too often his writing is mostly Damon Runyonesque bull hockey.
As for the juror issue law and procedure are more important than a “win” for the prosecutors. Toss the verdict and redo the trial.
The government needs to start doing basic criminal background checks on jurors. It takes all of about 1 minute to type in a name and birthdate into the box that glows in front of me.