Capitol Fax.com - Your Illinois News Radar » Rep. Smith’s lawyer tries to cast doubt on federal case
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.


* Reader comments closed for the weekend
* Brady makes some unusual appointments to discrimination and harassment task force
* Pritzker sues endorser, deletes ad she appeared in
* SUBSCRIBERS ONLY - Candidate announcement
* Best tweet of the day
* Question of the day
* Roskam race moved to "Toss Up" by Cook Political Report
* Kennedy lashes out at Emanuel, while Pritzker takes a softer approach
* Rauner refuses to weigh in on federal tax legislation
* Reports: Former Munger firm gets $12.5 million no-bid contract after a $12 million payment was frozen by Mendoza
* "Every time I see a little kid waving I always try to wave back"
* Londrigan, EMILY's List stand by their false statements
* In praise of Mary Ann Ahern
* George Will: Illinois "approaching a death spiral"
* Rauner urged to sign education funding "cleanup" bill
* Republican Party wants Durbin, Duckworth to give away Franken's cash
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Open thread
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

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

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

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


Loading


* In Illinois, a looming battle over the bankrupt.....
* In Illinois, a looming battle over the bankrupt.....
* WILL: All eyes turn to Illinois for an importan.....
* Illinois stares down a 'death spiral' - Charles.....
* George Will: In Illinois, a looming battle over.....


* Police dog to regularly search public schools in Springfield
* U of I student has been named a Rhodes Scholar
* Backers hope Route 66 historic designation can drive tourism
* Lurie recognized for approach to managing pain in children
* Decatur Police investigate shooting death
* Illinois man's memory to live on with Rose Parade float
* Father, son travel around the US repairing handbells
* 80 percent of debris dump sites high in toxins
* AP Exclusive: 4 in 5 Illinois debris sites high in toxins
* AP Exclusive: 4 in 5 Illinois debris sites high in toxins

* House task force to review sexual harassment
* Electric cars, better fuel efficiency spell doom for Illinois gas tax
* Springfield wants out of legislation limiting payments for 5G antennas
* Fact check: Are Gov. Rauner's grandparents immigrants?
* Londrigan accused of attacking Davis for 'opposite' of remarks
* Gov. Rauner signs sex harassment legislation
* Under the Dome Podcast: Governor's race, sexual harassment, Rodney Davis
* Macoupin Co. highway renamed in honor of soldier who died in Vietnam
* Macoupin Co. highway renamed in honor of solder who died in Vietnam
* Schoenburg: Rep. Davis leads new caucus, pleased with White House access

* Like our roundup? Share it around.
* Here's how Baker McKenzie profits from offshore tax system
* Cards Against Humanity works to maintain its naughtiness
* The either/or world of Cards Against Humanity: Funny or Die
* Why do people give? Not for the tax break.


* The exciting Land of the Dead is where ‘Coco’ really comes to life
* Person injured in ‘cooking accident’ at Crystal Lake South High School
* Halsey connects with fans in sold-out Allstate Arena concert
* Charles Manson, whose cult slayings horrified the world, has died
* Dear Abby: Boyfriend in his 20s lacks driver’s license
* Georgia Nicols horoscopes for Nov. 20, 2017
* Perfect night for the Bulls as far as the business of tanking
* Ask the Doctors: Death from Guillan-Barre Syndrome raises questions
* 10-year-old boy and girl, 13, missing from same block in Lake View
* Body of canoeist recovered from Indiana lake 3 weeks after capsizing


* Negan's back, and he's not so bad! 'The Walking Dead' season 8 episode 5 recap
* Charles Manson, mastermind of 1969 murders, dies at 83
* Police: Boy and girl, 10 and 13, found after being reported missing from Lakeview
* Musicians unite at AMAs in wake of tumultuous year
* Lauri Markkanen shines, but Bulls falter against Suns in 113-105 loss
* Kicked when they’re down, Bears long on excuses, short on progress
* Bills benching Tyrod Taylor for rookie Nathan Peterman was a bad idea from the start
* After latest loss, it's OK to be as tough on Mitch Trubisky as he is on himself
* Rape in the storage room. Groping at the bar. Why is the restaurant industry so terrible for women?
* No. 20 Northwestern gets thumped by Texas Tech 85-49


» State Week: Are Voters Thinking About 2018?
» Legislative Checklist: Veto Session
» How 3 Women Want To Make Illinois’ Political Future Female
» Illinois Supreme Court Weighing Seizure Of Woman’s Harley
» Illinois Supreme Court Weighing Seizure Of Woman's Harley
» Statehouse Ethical Issues Might Need Outside Oversight, Legislators Say
» Prosecutor: No More Indictments In Laquan McDonald Shooting
» Metra Board OKs Budget With Service Cuts, Fare Hikes In 2018
» For Illinois Sex Offenders, Six Years Can Turn Into Life In Prison
» State Week: Harassment Training, Veto Wins And Losses, Late Payments


* House task force to review sexual harassment
* Rex Huppke: Moment of reckoning for swinish behavior is here
* George Will: In Illinois, a looming battle over the bankrupting 'blue model'
* Bernard Schoenburg: Ives says Rauner joined 'ruling class' he was to fight
* Statehouse Insider: Republican primary for governor underway
* Doubek: For harassment and beyond, Springfield needs stronger accountability
* Jim Dixon: It is time for a fair tax for Illinois
* Our View: It’s time for decision on YWCA block
* Electric cars, better fuel efficiency spell doom for Illinois gas tax
* Ed Rogers: A Clinton special counsel won't help Republicans in 2018


* Quarters One welcomes public to Christmas teas, tours
* RDA awards more than $1 million to Quad-City organizations
* THANKSGIVING EVENTS
* The Salvation Army seeks Angel Tree donations
* Construction begins on $2.9 million Mount Zion water tower; fall 2018 finish date
* Underwood: 'Excited for our growth today'
* Nichols: 'Got to play 40 minutes of basketball'
* UI Men's Basketball vs Marshall
* Alive and helping to brighten Thanksgiving for others
* LIVE! Marshall


* Charles Manson, whose cult slayings horrified world, dies
* Lonzo Ball's triple-double sends Lakers past Denver, 127-109
* Gibson stops 50 shots in Ducks' 3-2 win over Panthers
* Wentz, Eagles roll over Cowboys 37-9 after losing kicker
* EU diplomat encourages stabilizing troubled Myanmar state

* Hultgren whishes McHenry County College a ...
* Hultgren and Ruppersberger: Protect infras...
* US lawmakers urge Trump to prod Rody on dr...
* Rep. Randy Hultgren congratulates McHenry ...
* 3 suburban GOP reps provide crucial votes ...
* Panel encourages women to consider careers...
* Geneva Chamber honors Gaines for 40 years ...
* DOJ to ban US lawmakers should Duterte ord...
* US lawmakers to Duterte: 'Sovereignty does...
* Local Congressmen React to the Passage of ...

* This RSS feed URL is deprecated...
* Daniels addresses senator's claims about K......

* This RSS feed URL is deprecated...

* What should we think of homicide tally – on the rise, decline or nonsense?
* GWNA To Hold Block Club Meeting On December 2nd
* Man Missing From Uptown, Age 39
* I’m voting against Joe Berrios, but I don’t know why I should have to.
* Show some gratitude, people.
* Youth Open Mic Night on Friday, December 1st
* Chicago high school students salute Harold Washington as his hearse passes. December, 1987.
* Sunday week in review.
* Dollar Tree Coming To Former Unique Thrift Store Location?
* All Aboard! Open House Sunday Afternoon At Uptown's Model Railroad Club


* 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

  
* Razer Phone sold out at Microsoft Store, may hit Asia-Pacific soon
* Nintendo Sets 'Animal Crossing: Pocket Camp' Release Date for November 22
* Qualcomm takeover of NXP to be approved by Japan, EU
* Best Buy takes 75 percent off LG G6 on Sprint
* Android Oreo and OxygenOS 5.0 finally pushed to OnePlus 3, 3T
* Amazon takes $100 off Moto X4 Prime Exclusive edition
* Sprint Black Friday deals now include Essential Phone for $145

* White Sox Arizona Fall League recap
* Sporcle Saturday: Top player performances
* LIVE: MLB Awards unveiled on Network
* White Sox face roster call on Clarkin, 6 more
* Thyago Vieira brings missing heat to White Sox bullpen battle
* MLB Awards grand finale (7 CT, MLB Network)
* White Sox trade for hard-throwing Vieira


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

Archives
November 2017
October 2017
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