Capitol Fax.com - Your Illinois News Radar » This just in… Judge denies request to delay Rep. Derrick Smith’s trial
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
* Rauner vetoes DHFS managed care performance audit bill as part of another big Friday dump
* Rauner vetoes Geolocation Privacy Protection Act
* Rauner plans three bond sales
* Caption contest!
* *** UPDATED x1 *** SUBSCRIBERS ONLY - HB40 update
* SUBSCRIBERS ONLY - More candidate announcements
* Logrolling?
* Ricketts' Wrigleyville rooftops benefit from "mom and pop" tax break
* It would've been a very tough campaign for Lisa Madigan
* Question of the day
* Legislative move shines light on antiquated law
* Chicago FOP wants halt to new use of force policy
* GOP turkey shoot event image with Madigan's visage pulled down
* Drury could benefit from contribution cap loophole
* *** UPDATED x1 - ILGOP responds *** Report: Madigan pushing back against pop tax
* Poshard backs Pritzker
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

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

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

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


Loading


* Our View: Thanks, governor, for putting Rockfor.....
* Illinois governor vetoes data privacy measure -.....
* Gov. Bruce Rauner vetoes plan to require teachi.....
* Illinois governor vetoes plan to require teachi.....
* Illinois governor vetoes data privacy measure -.....
* HCC president Widmer retiring, 'gratified' to s.....
* Illinois Governor Bruce Rauner vetoes plan to r.....


* War hero, WIU 'Leathernecks' legend, honored with statue
* Cook County court for unwed parents quietly disappears
* Evidence of invasive grass carp signals threat to Lake Erie
* EXCHANGE: Principal emphasizes communication, community
* EXCHANGE: Mansion on the move in Wheaton
* Illinois selects Camelot Group to manage state lottery
* East St. Louis regains control over housing authority
* Illinois governor vetoes data privacy measure
* Illinois woman creates exhibits honoring Vietnam veterans
* Illinois governor vetoes plan to require teaching cursive

* New Illinois law will let adults earn high school diplomas
* Raoul enters AG race, apologizes for 'Miss America' comment
* AG candidate Raoul apologizes for 'bad characterization' of opponent
* Report: Payments for treatment of addictions, mental illness often denied
* Republican McClure will run against McCann in 50th Senate district
* Republican McClure will run against McCann in the 50th Senate district
* Rep. Drury leaves governor's race to run for attorney general
* Rauner signs revamp of EDGE business tax-credit
* Rauner to lawmakers: Help me balance the budget
* Bernard Schoenburg: Running mates help balance governor tickets

* Illinois needs capital spending—but don't get your hopes up
* Chicago is more popular with tourists than ever
* McCain to oppose Obamacare repeal, possibly dooming GOP effort
* Jewel parent takes cue from Amazon with meal-kit delivery deal
* Allstate expects to lose nearly $600M from Hurricane Harvey


* Shook Twins pack twice the punch with sisterly harmonies
* Trump Twitter Saturday: Takes back White House invite to Golden State
* MAP: Chicago weekend shootings tracker for Sept. 22 – 25
* Police: Man killed, 13 wounded in start to Chicago weekend shootings
* City of Chicago accepting nominations for official 2017 Christmas tree
* 2017 Volvo XC90 setting sights on climbing luxury ladder
* Police find man critically wounded after Englewood shooting
* Man wounded in Little Village drive-by shooting
* Chicago officer shoots, critically wounds person in East Chatham
* 2 men grazed by bullets in Gresham


* Kris Dunn's troubled childhood inspires donation of 400 security cameras to South Side families
* LINDA C. BLACK HOROSCOPES for 9/23/17
* Cubs manager Joe Maddon no fan of early start after night game
* 1 dead, 18 wounded during shootings in city shootings
* Trump says NFL should fire players who kneel during anthem
* Police officer fires shot at armed suspect but does not hit him
* Cubs' Kyle Hendricks, Brewers' Brent Suter meet in Ivy League rematch
* Old Town home with elevator: $3M
* JJ Dutton bolsters Lyons secondary, but QB is his past and future
* Mom wants adult son to step-up at home


» State Week: IL Attorney General Candidates, The Soda Tax, and Courting Amazon
» State Week: IL Attorney General Candidates, The Soda Tax and Courting Amazon
» Governor Running Out Of Time On Location Tracking Regulation
» In Cook County, 3 Prosecutors Are Handling Hundreds Of Wrongful Conviction Claims
» An Accounting For Meteorological Violence Among Insurers
» Illinois Supreme Court Upholds Murder Conviction Of Drew Peterson
» State Sen Raoul To Run For Illinois Attorney General In 2018
» Suit: Pregnant Illinois Officer Forced To Take Unpaid Leave
» Palestinian Activist To Be Deported To Jordan From Chicago
» Looking For Analog: Old Button-Mashing Arcades Come Back For A New Generation


* Guest Column: Let’s help Illinois get back on track with 'College Changes Everything' month
* Guest Column: Let’s help Illinois get Bback on track with 'College Changes Everything' month
* New Illinois law will let adults earn high school diplomas
* Thumbs Up: To improving the health of local residents
* Eugene Robinson: The devolution of repeal-and-replace
* Celebrating Constitution Day with Alexander Hamilton
* Our View: Diverse voices needed as Statehouse makeup poised to change
* Bernard Schoenburg: Democrats highlight Rauner's 'broken record'
* Kathleen Parker: The New Center seeks volunteers
* Raoul enters AG race, apologizes for 'Miss America' comment


* Judge says sheriff can’t release more videos of murder suspect’s jailhouse visits
* Future of farming: Ag careers become high-tech
* Game of the Week: Mahomet-Seymour vs. Mattoon Football
* CoreLife Eatery to bring organic, non-GMO options to Normal
* Second annual electronics collection set in Danville
* Area Calendar 9/23/17
* It's a family affair at Krekel's in Macon
* Nature's steward, dog lover made impact
* Daily Digest: Uptown streets closed for Oktoberfest
* JHS loses to Rochester 47-6


* War hero, WIU 'Leathernecks' legend, honored with statue
* The Latest: New 6.2 quake centered in southern Mexico
* Kings beat Canucks 4-3 after shootout in China
* Trump to NFL owners: Fire players who kneel during anthem
* Lawyer: More than 5 Wheaton College players took part in hazing

* Montgomery mayor hosts health care forum a...
* Hultgren pleads for continued funding of f...
* What suburban members of Congress say abou...
* Naperville's Lauren Underwood to run for R...
* Rep. Randy Hultgren announces 2017 Congres...
* Hultgren Comments on CAT Closure, Hurrican...
* Congressman Randy Hultgren Visits Raue Cen...
* Hultgren pushes for CHIP funding ahead of ...
* Indivisible billboard targets Hultgren, Ro...
* Good government - The Daily Progress

* Letter: We cannot tolerate bias against Ca......
* Are You (Hiss! Boo!) a Catholic? - Patriot......

* Illinois Receives $110-Million in Emergenc......
* Illinois Receives $110M in Emergency Prepa......

* Advocates Society hosts Annual Judges' Night October 26
* Cook County ‘pop tax’ upsets political structure’s sense of who matters
* Thank the British if you live in freedom
* Free Walk-In Flu Shots Are Available Beginning Next Week To Chicago Residents
* “The Driver’s Side” – News From The Motorist’s Perspective
* Rhymefest Leads Obama Library CBA Effort
* The [Friday] Papers
* Susana Mendoza might have just won her next election
* Shen Wei Dance Arts makes an otherworldly Chicago debut
* Sean Spicer at the Emmy Awards.


* Illinois Awarded Funds to Offer Advanced Training on Detecting Impaired Driving
* Illinois EPA Announces Upcoming Household Hazardous Waste Collection Events
* IEMA Highlights Emergency Preparedness for People with Access and Functional Needs in May - Ready Illinois website offers preparedness tips for people, caregivers
* First Lady Launches Illinois Family Connects
* Governor and Lt. Governor Unveil 2016 Journal of Local Government Shared Service Best Practices

  
* Chronicles of a Windows user gone iPhone (part 3)
* Folding Galaxy X (SM-G888) seen at Korean regulator
* Apple iPhone 8 and iPhone 8 Plus have arrived! (Video)
* Qualcomm loses two battles in patent war with Apple
* iPhone 8 Plus rated best camera, HTC U11 Plus rumors & more – Pocketnow Daily
* Apple Watch Series 3 LTE is here!
* Unlocked Essential Phone Now Available at Best Buy

* Sox Century: Sept. 22, 1917
* White Sox 7, Royals 6: A game-ending 9-2-4-6 double play
* Moncada's go-ahead HR sends Sox past KC
* White Sox close out Royals with 9-2-4-6 DP
* Covery looks to impress Sox in clash with KC
* Moncada's go-ahead HR sends Sox past KC
* Moncada's go-ahead HR sends Sox past KC


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

Archives
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
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