A wave of yellow is poised to wash over the Capitol this afternoon during the Illinois Gun Owner Lobby Day.
“It’s a gathering of gun owners in the state of Illinois to speak to their legislators one on one about the Second Amendment rights,” Illinois State Rifle Association president Donald Moran said.
“We’ll flood the Capitol, and everyone will be wearing yellow shirts and yellow caps, so they’ll know who we are.”
Between 8,000 and 10,000 gun owners from across the state were expected to show up at the Prairie Capital Convention Center to march on the Statehouse, Moran said.
*** UPDATE *** Amazon has already sent out termination notices…
Hello,
For well over a decade, the Amazon Associates Program has worked with thousands of Illinois residents. Unfortunately, a new state tax law signed by Governor Quinn compels us to terminate this program for Illinois-based participants. It specifically imposes the collection of taxes from consumers on sales by online retailers - including but not limited to those referred by Illinois-based affiliates like you - even if those retailers have no physical presence in the state.
We had opposed this new tax law because it is unconstitutional and counterproductive. It was supported by national retailing chains, most of which are based outside Illinois, that seek to harm the affiliate advertising programs of their competitors. Similar legislation in other states has led to job and income losses, and little, if any, new tax revenue. We deeply regret that its enactment forces this action.
As a result of the new law, contracts with all Illinois affiliates of the Amazon Associates Program will be terminated and those Illinois residents will no longer receive advertising fees for sales referred to Amazon.com, Endless.com, or SmallParts.com. Please be assured that all qualifying advertising fees earned prior to April 15, 2011 will be processed and paid in full in accordance with the regular payment schedule. Based on your account closure date of April 15, 2011, any final payments will be paid by July 1, 2011.
You are receiving this email because our records indicate that you are a resident of Illinois. If you are not currently a permanent resident of Illinois, or if you are relocating to another state in the near future, you can manage the details of your Associates account here. And if you relocate to another state after April 15, please contact us for reinstatement into the Amazon Associates Program.
To be clear, this development will only impact our ability to continue the Associates Program in Illinois, and will not affect the ability of Illinois residents to purchase online at www.amazon.com from Amazon’s retail business.
We have enjoyed working with you and other Illinois-based participants in the Amazon Associates Program and, if this situation is rectified, would very much welcome the opportunity to re-open our Associates Program to Illinois residents.
Regards,
The Amazon Associates Team
[ *** End Of Update *** ]
* Despite opponents claims that they’d move their companies (and their jobs) out of state if the bill was signed, Gov. Pat Quinn put his signature on what he calls the “Mainstreet Fairness Bill” today. From a press release…
Governor Pat Quinn today signed legislation to require all companies doing business in Illinois to collect and remit the legally required sales taxes. House Bill 3659 – the Mainstreet Fairness Bill – was a bipartisan initiative that passed both houses of the General Assembly with overwhelming support.
“Illinois’ main street businesses are critical to ensuring our long-term economic stability, which is why they must be able to compete with every company doing business online in Illinois,” said Governor Quinn. “This law will put Illinois-based businesses on a level playing field, protect and create jobs and help us continue to grow in the global marketplace.”
* The Illinois Retail Merchants Association explains its position in favor of the bill…
Under current state law, consumers are faced with paying back taxes and fines because these out-of-state companies did not collect the sales tax which is due and owing on every purchase. Also, Illinois business - particularly brick-and-mortar retailers - are at an extreme disadvantage because these out-of-state companies are using tax avoidance as a competitive advantage. With razor-thin margins already, that unethical advantage is lethal to Illinois retailers and has cost our state many key jobs when the economy is struggling.
* Amazon and others have said they will fire their Illinois affiliates if the bill becomes law. Some of those affiliates make big bucks. The American Booksellers Association has some harsh words for them…
“Those companies that would fire their affiliates simply to maintain an inequitable competitive advantage over retailers that obey the law clearly show their true colors. A belief that laws apply only to those who are smaller or who are unwilling to resort to threats or loopholes is characteristic of the worst sort of corporate citizen. We certainly hope companies like Amazon.com rethink their decision to fire affiliates, and we remain grateful that the governor took the tough, principled stand on behalf of in-state retailers. We hope other states follow his lead.”
* But Scott Kluth, Founder and CEO of CouponCabin.com, says his company is “actively exploring moving to Indiana.” From a press release…
“The Governor’s approval of HB 3659 is deeply disappointing. As a result, Illinois will lose jobs, many thriving businesses like CouponCabin and other affiliate marketing firms will be forced to move to other states, and most important, this law will not generate the tax revenue Illinois thinks it will collect.
“Those of us who opposed HB 3659 made every effort to persuade the Governor that it is a misguided attempt to bring ‘fairness’ and new revenue to Illinois by requiring out-of-state merchants who advertise on websites operated in Illinois to collect sales taxes from Illinois customers.”
* The Senate Republicans held a press conference today to say they’ve studied the budget and that cuts must be made, but they adamantly refused to say where those cuts should be made. From a press release…
Radogno said a Senate Republican review of spending and revenue trends makes it apparent that it will take between $4 to $6 billion in additional spending reductions to the Governor’s proposed budget in order to put the state back on track.
Radogno and state senators Matt Murphy (R-Palatine) and Pamela Althoff (R-McHenry), the Senate Republicans’ top two budget experts, said a careful analysis of state spending and revenues shows that massive deficits will occur if lawmakers adopt the Governor’s proposed budget and adhere to “spending caps” that are in fact, far too generous and optimistic than the state’s revenues can sustain.
GOP Senators are working to identify realistic reductions, but before a discussion of cuts can occur, there needs to be a “reality check” so that the public understands how serious the situation is.
“Before you can move on to a solution, you need to define the problem. Unfortunately, too few people in the Statehouse are willing to face up to the problem,” Althoff said. “The spending plan that the Governor put before us would create a deficit every single year for the next five years – and that’s with the 67% tax increase.”
They’ve been saying for weeks that they’d come up with their own cuts, and all they really did today was punt. It’s also quite interesting that they didn’t use any of the highly specific Illinois Policy Institute’s budget cutting proposals.
* To be fair, Leader Radogno stressed today that they didn’t want to offer up their cuts because that would dominate the coverage. They wanted to get the deficit numbers out there instead.
We’ll just have to see whether the strategy worked and the stories generated by this presser will focus on their deficit projections or their refusal to identify any actual spending reductions. Here’s Radogno…
Senate Republicans are the ones that need a “reality check”. The time for Senate Republicans to begin looking for cuts has long since passed.
Governor Quinn has been asking Republicans for input and specific suggestions on ways we can reduce government spending for more than two years. And when cuts have been made in Republican districts, we have heard loud complaints about even the most commonsense cutbacks.
The Governor was the first one to say our fiscal house was on fire, and he has taken strong steps to start putting that fire out and move our state forward.
While Senate Republicans spend their time creating graphics for bombastic press releases, the Governor is continuing to work on a comprehensive strategy to fix our budget. An essential part of that plan is spending reductions, and Governor Quinn has been working with agencies - using budgeting for results measures - to identify areas of state government that can be reduced or eliminated.
As always, the Governor is open to specific, realistic, good-faith suggestions from Senate Republicans. And we look forward to hearing from them.
There has been no shortage of public opinion when it comes to the question of capital punishment, but those opinions have not been expressed at the ballot box to this point.
Kankakee County State’s Attorney Jamie Boyd believes this should change.
Boyd, speaking about Gov. Pat Quinn’s decision to abolish the death penalty Wednesday, reiterated his stance that Illinois voters should determine if capital punishment should be allowed.
The same battle cry was heard after the civil unions bill passed. I know we’ve done this before, but now we have yet another call for statewide referenda, so…
* The Question: Should Illinois have binding voter referenda on policy issues? Vote in the poll and then make sure to explain your answer in comments. Thanks…
Thursday, Mar 10, 2011 - Posted by Advertising Department
[The following is a paid advertisement.]
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Or we can leave things the way they are.
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We can make Illinois the epicenter of the Smart Grid revolution. We can build a system that attracts and retains businesses and power-intensive industries.
Or let surrounding states transform while we remain stuck in the past.
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On Thursday April 7, 2011, friends of Carlos Hernandez Gomez will pay tribute to him with the 2nd Annual Concert For Carlos at FitzGerald’s Nightclub in Berwyn, IL. Doors open at 7:00 pm. Admission to the concert is $20 in advance/$25 at the door.
When CLTV Political Reporter Carlos Hernandez Gomez passed away on January 17, 2010, after a yearlong battle with cancer, the loss was felt throughout the city and state. His friends and colleagues continue to celebrate his memory with the 2nd Annual Concert For Carlos. The event will feature a silent auction and an evening of power pop music, performed by local and national artists. Proceeds will benefit The Carlos Hernandez Award in Journalism at DePaul University.
Confirmed artists for this scholarship fundraising concert include local power pop acts The Phil Angotti Band, Eric Howell’s Greatest Hitch, and The New Fiction (featuring members of Carlos’s band The Gear). Plus special guests Ted Ansani and Mike Zelenko, performing songs of their former band, Material Issue (“Valerie Loves Me”, “Kim the Waitress”). Miles Zuniga of the platinum-selling band Fastball (“Fire Escape”, “The Way”) will headline.
Along with the concert, the night will also feature a silent auction at FitzGerald’s including items donated by an array of Rock and Roll Hall of Fame inductees and Grammy Award winning artists. Andy Shaw, former political reporter and current President & CEO of the Better Government Association, will serve as Master of Ceremonies for the evening.
The Carlos Hernandez Award in Journalism at DePaul University will provide recognition and financial assistance to talented undergraduate students who might otherwise be unable to accept unpaid internships in journalism. “Carlos loved the city and its rich political history”, said Shaw, who is also Honorary Chair of the scholarship. “He epitomized the best of Chicago journalism–brains, curiosity, moxie and enough courage to speak truth to power. The recipients of the scholarship we’re raising money for would do well to make his story part of their studies.”
The 2nd Annual Concert for Carlos is sponsored by Yolanda Productions, Lawrence, Kamin, Saunders & Uhlenhop, LLC, Tzibur Celiac: The Jewish Celiac Association, Palmer House Hilton, Fogarty & Fugate, Attorneys At Law, Grant Importing and Distribution, Avenue N Guitars, Eric Howell, Barry LaPorte, and Russell Mallen.
FitzGerald’s Nightclub is located at 6615 Roosevelt Road, Berwyn, IL.
For information on, or to make a donation to, the Carlos Hernandez Award in Journalism, please contact Wendy Irvine, Director of Development for DePaul University’s College of Communication, at wirvine@depaul.edu or (312) 362-7135.
For information regarding The 2nd Annual Concert for Carlos or silent auction, please contact Joe Farina at joefaractor12@gmail.com.
If there was one moment when Illinois’ death penalty began to die, it was on Feb. 5, 1999, when a man named Anthony Porter walked out of jail a free man.
Sitting in the governor’s mansion, George Ryan watched Porter’s release on television and wondered how a man could come within 50 hours of being executed, only to be set free by the efforts of a journalism professor, his students and a private investigator.
“And so I turned to my wife, and I said, how the hell does that happen? How does an innocent man sit on death row for 15 years and gets no relief,” Ryan recalled last year. “And that piqued my interest, Anthony Porter.”
To be sure, by the time Porter was set free, the foundation of Illinois’ death penalty system already had begun to erode by the steady stream of inmates who had death sentences or murder convictions vacated: Rolando Cruz and Alejandro Hernandez in the Jeanine Nicarico case, the men known as the Ford Heights Four, Gary Gauger.
Ryan placed a moratorium on executions not long afterward. Prosecutors have had 12 years since Porter was released to find a real and lasting solution to the problem of wrongful convictions. They’ve mostly had to be dragged kicking and screaming the whole way. What we saw time and again was turf protection and denial, even though dozens of people condemned to die have been found to be innocent.
There’s a prevalent notion in our society that being “soft on crime” is a bad thing. Yet, to me, stopping the government from killing innocent people isn’t about “softness,” it’s about setting limits on authority. The government abused its authority (accidentally, in many cases) for far too many years. Prosecutors and death penalty proponents probably figured - as I did - that there was almost no way the General Assembly would ever enact a repeal, so they didn’t have to worry too much about real reform. And now that the repeal has been signed into law, reform or limitation proposals have cropped up which would have been immediately dismissed out of hand as wimpy liberal claptrap just a few months ago. Too late.
I’ve been fortunate enough never to have a friend or relative murdered. One of my cousins was busted for a double-murder several years back, but, frankly, I don’t care what happens to him. I hadn’t seen him in years, don’t know where he is now and his fate just doesn’t concern me. If the abolition bill had failed and he was eventually executed, I wouldn’t have shed a tear. I figure he’s guilty and he’ll get whatever’s coming to him.
The point is, I have no sympathy at all for murderers. Nobody does. But the system obviously broke down and reform was resisted at almost every, single turn.
Jim Thompson reinstituted the death penalty back in 1977. Fourteen years later, Thompson left office without a single having dealt with just a single death penalty case arriving on his desk (and only then because the convict didn’t want to stop his own execution and rejected offers of help). The system is exceedingly slow, cumbersome, horribly expensive and fatally flawed. From the Tribune’s editorial…
Quinn’s critics will point to the 15 murderers he has let off death row.
One of those inmates is Brian Dugan, who confessed to killing 10-year-old Jeanine Nicarico of Naperville in 1983. We’ve talked to more than one person who said they supported banning the death penalty but wouldn’t mind if Dugan was executed first. That sums up the mixed feelings many people shared as Quinn mulled his decision.
This would be a good time to remind ourselves that two innocent men — Rolando Cruz and Alejandro Hernandez — spent years on death row after being wrongly convicted of Nicarico’s murder. That’s a powerful rebuttal to prosecutors’ argument that banning the death penalty robs them of the only appropriate punishment for the worst crimes. Justice isn’t served if the wrong person pays, especially with his or her life.
It’s also a good time to remind ourselves that, through all the twists and turns in that case, Brian Dugan remains alive 28 years after that terrible murder. If Quinn had vetoed this repeal, Dugan would still live many more years before he met the executioner–if he ever did. The death penalty has hardly been swift and sure punishment.
That’s exactly right.
* Roundup…
* Lawmakers proposing legislation to reinstate capital punishment
Wisconsin Senate Democrats who fled to Illinois three weeks ago are coming back.
Sen. Jim Holperin said Thursday that he was on his way home to Conover and other Democrats were either on their way back or would be leaving soon.
He says there was no reason for them to stay away any longer since Senate Republicans passed the bill without them on Wednesday night.
He says he didn’t think any of the other senators would return to the Capitol since the Senate wasn’t scheduled to be in session again until April 5.
[ *** End Of Update *** ]
* The Wisconsin Senate last night stripped the collective bargaining provisions from their budget bill, which allowed them to vote to remove most collective bargaining rights from public employee unions without Democrats being present. Wisconsin law requires a three-fifths quorum for budget and finance bills only. Once those provisions were taken out, the collective bargaining stuff could proceed on their own.
So, now that that’s over, will the Democrats finally leave Illinois and return to their home state? We don’t know yet…
Senate Democratic leader Mark Miller of Monona says Democrats will “join the people of Wisconsin in taking back their government,” but he refused to say when.
Senate Democrats met late Wednesday night to discuss when they might return. They said they would not be back on Thursday, but gave no indication when they might come home.
“We are going to watch and see how the Assembly unfolds,” said Sen. Spencer Coggs. “There will be fireworks. There will be a lot of people at the Capitol and so it will be hard to get in and out of the Capitol.”
Erpenbach says the Dems will meet Thursday to discuss whether they’ll return right away to Wisconsin and fight the unexpected Senate vote. There’s risk in returning, though, Erpenbach said.
“They could do a call of the House, they could lock the doors, and they could make us vote on the entire budget repair bill.”
Erpenbach says the Dems have contacted Walker’s office daily to negotiate and, until Wednesday’s vote, thought they were making progress via private discussions with Walker.
“We were really confused,” he said. “We didn’t know which kind of Scott Walker we were dealing with. Was it the public guy or the private guy?”
* About 6,000 people flooded the Wisconsin capitol building last night as it became clear what the Republicans were doing…
Protesters flooded the Capitol following the Senate’s vote on the amended budget repair, ignoring announcements from police that the building was closed.
The ground floor and first flood appeared nearly as full as they were during the first days of the demonstrations more than three weeks ago, and protesters stayed in the Capitol defiantly chanting “recall” and “Whose house? Our house!”
At one point, police asked protesters to leave the second floor balconies, citing their structural integrity. But protesters ignored the warning.
Those inside allowed more protesters into the building by rushing pass the single officer posted at some ground floor entrances to allow others in. When other officers would arrive, the protesters would move onto the next entrance and do the same thing.
“For me, this was a difficult decision, quite literally the choice between life and death,” [Gov. Pat Quinn] wrote in his signing statement. “This was not a decision to be made lightly, or a decision that I came to without deep personal reflection.”
“Since our experience has shown that there is no way to design a perfect death penalty system, free from the numerous flaws that can lead to wrongful convictions or discriminatory treatment, I have concluded that the proper course of action is to abolish it,” Quinn wrote. “With our broken system, we cannot ensure justice is achieved in every case.”
“For the same reason, I have also decided to commute the sentences of those currently on death row to natural life imprisonment, without the possibility of parole or release,” the governor wrote.
*** UPDATE 1 *** The governor’s press conference was moved back to 12:30. Listen or watch by clicking here. I’ll be live blogging and inserting Twitter posts from others as well…
*** UPDATE 2 *** If you missed the lunchtime event, you can catch up by listening to the audio…
* Emanuel, Daley split on Quinn’s death penalty ban: “It’s the right thing to do. I’m glad he’s made that decision,” Emanuel said. “It’s a different day.” … “As a former prosecutor, I believe DNA testing should be part of the whole criminal justice system here in the state of Illinois,” Daley said. “It prevents any abuse whatsoever if you get DNA testing.”
* Illinois Gov. Quinn signs bill banning death penalty
* Zorn: Passing thought — today truly marks the end of the Nicarico murder case
* Actor, anti-death penalty activist Mike Farrell praises Ill. governor for ending death penalty
Springfield police ticketed an Auburn woman Monday for allegedly standing on the road trying to solicit work.
Laura A. Welch, 43, allegedly had a double-sided sign that read, “Mom of three, out of work” and “Out of work, hungry” on it. Police saw her about 2:10 p.m. at Dirksen Parkway and Stevenson Drive. They said they recognized her because they have talked to her numerous times before and told her not to solicit work in the roadway.
She had no permit, so she was ticketed.
* The Question: Should this be illegal? Explain, please.
John Cullerton, president of the Illinois Senate, committed a dreadful sin Monday. During a speech that could have been titled “State Finance 101,” the Chicago Democrat briefly mentioned that if Illinois taxed retirement income, Springfield would collect some $1.6 billion a year.
Can you believe that? A politician dared to mention taxing a powerful voting bloc! The lecture Cullerton wasn’t delivering Monday, “Politics 101,” dictates that talk of taxing seniors is verboten.
The accompanying photo wasn’t exactly flattering…
Oof. He looks like an unsober fop in that pic. Let’s avoid captions, please. Wouldn’t be fair. And I don’t have time to police them.
* Regardless of that photo, it’s hard to disagree with their conclusion…
Sen. Cullerton, you have a good point. Illinois needs a talk about revising tax policies and rethinking exemptions. Not to grab more from taxpayers, but to broaden the tax base as a matter of fairness. Why should the working family making $50,000 a year pay a tax that the retiree getting $100,000 a year avoids? Credit Cullerton for thinking creatively — and out loud.
I was just on the phone with former Gov. Jim Thompson talking about all the big bills that have been passed during the past few months. Subscribers will see more, but one of the things Thompson emphasized is that we need to broaden the tax base. He was mostly talking about the sales tax. The problem with a narrow, outdated taxing base, he said, is that rates have to be raised on an ever-smaller pot of available money. It makes no sense. Expand the base and then significantly lower overall rates is the better way to go. I’d prefer, however, (and I believe Thompson does as well) that they stick to expanding the base on sales taxes and not mess with the income tax, but it’s the same basic point. Expand the base and lower rates.
The problem with this particular Cullerton idea is that expanding the base will not lower rates if it’s just confined to seniors making over $100K a year. That only brings in $70 million a year. It’s best just to drop it.
But the noise should not drown out an important conversation about tax reform. Illinois desperately needs to update its tax system so it is based on ability to pay and targets taxes where the economy is expanding — among the wealthiest, not the poorest. Illinois’ current tax system, anchored by a flat income tax and a narrow sales tax base, disproportionately hits our poorest residents.
Gov. Quinn wants to create a commission to look at ways to update the tax system. We’re all for it, though several good proposals are already well-known. These include changing the state Constitution to allow for a graduated income tax, expanding the sales tax base to reflect our modern service economy (an idea Chicago Mayor-elect Rahm Emanuel supports) and, potentially, taxing some retirement income.
Quinn should’ve appointed that commission a year ago. He’s a bit late now, after raising income tax rates by two points.
The other thing Thompson and I discussed is my belief that it’ll be at least a generation before the citizenry stops being infuriated at this latest tax hike. He agreed. In my own opinion, it was done the wrong way, in every way. The money is needed, to be sure, but this thing is a political disaster.
Discuss.
…Adding… Related…
* Hines: Cullerton not all wrong in pension tax proposal
* Hawthorne Race Course canceled its race card yesterday. It’s just another in a long string of woes faced by the state’s racing industry. And check this out…
Maywood Park, a harness track in the western suburbs, is threatening to close if a bill doesn’t pass by June. Sportsman’s Park, which stood next to Hawthorne for decades, closed in 2002. Rumor has it that a waste management company covets Hawthorne’s 119 acres for an incinerator and recycling plant, which would join the oil refinery and the sewage treatment plant in fouling the air of the near western suburbs.
* SIU President Glenn Poshard testified in a legislative committee last week about his university’s budget woes…
“Today, SIU’s operational support from the state of Illinois is now what it was at the close of the 20th century,” Poshard said in his testimony.
Yikes.
* The Belleville News-Democrat editorialized today on the state’s pension problems…
If a private business allowed its pension to be underfunded so badly, the responsible parties probably would be in jail.
Yeah. Like those guys ever go to jail. The big financial concerns tanked the world’s economy and nobody’s even been indicted, let alone jailed.
State and local government pensions aren’t the only ones in trouble.
Corporate pensions, too, are woefully underfunded, and the federal agency that insures them against losses is facing a dangerous deficit that taxpayers may end up covering. One government watchdog agency says the federal insurance funds are at “high risk” of failure. Moreover, the Obama administration’s proposal to fix this is meeting stiff resistance from the U.S. Chamber of Commerce and other business interests.
The little-known federal Pension Benefit Guaranty Corp. insures roughly 27,500 corporate defined-benefit pensions, covering 44 million U.S. workers. These plans, popular in the public sector but increasingly rare in the private economy, promise workers fixed monthly retirement income, often equivalent to a final year’s salary or an average salary over the last few years of work.
Maybe the states should just get a change in US law and turn over their pensions to the federal government.
[State Sen. John Sullivan] said about a decade ago river otters were reintroduced in Western Illinois, but now they have migrated to ponds and are eliminating the fish population.
After contacting the Department of Natural resources, Sullivan said they were on board with a bill that would create a trapping season for river otters to help curb the population growth in ponds.
“It’s estimated in Western Illinois the river otter population is over 10,000, and in a few years it will be 30,000. They don’t have any natural predators,” Sullivan said.
* Do people really talk like this in the real world? Weird, man…
Newsradio 620 in Milwaukee has a shocking story about the dirty underground efforts by the Chicago political machine loyal to Rahm Emanuel and President Obama that is apparently applying its dark arts again, this time assisting the leftist, fleebagging Wisconsin State Senators in their efforts to thwart the democratic process in the Badger State.
Aside from the bizarre hyperbole, what’s the big crime? Well, a Wisconsin Republican claims that some folks connected with Obama’s past campaign are now helping with the recall of 8 GOP state Senators. Even if true, what does it prove? Lots of people worked for Obama two years ago, and they need to keep making money. Hacks gotta eat, too.
Federal officials said later Wednesday that the checks are in the mail.
The clerk of the U.S. District Court for the Northern District of Illinois told The Associated Press that vouchers from Blagojevich’s attorneys for their work were submitted in mid-February, and Michael Dobbins said the checks were cut Wednesday and were going out in the mail.
He said payments to federal defenders have been complicated by budget disputes on Capitol Hill.
Rod Blagojevich wants to cancel his upcoming retrial, asking to be sentenced immediately, however, prosecutors and the judge would have to approve of the request.
That’s a tall order, considering 20 counts remain pending against the former governor, including that he tried selling President Obama’s vacant U.S. Senate seat. Blagojevich narrowly missed conviction on those counts, some of the most significant in the case, in the first trial with jurors voting 11-1 on many of the charges.
Blagojevich’s lawyers filed a five-page motion Wednesday morning asking to proceed to sentencing right away and avoid a retrial that’s set to begin April 20.
“A second prosecution of this case is an irresponsible use of taxpayer funds in light of the current economic crisis and Blagojevich’s imminent sentencing on the conviction from the first trial,” lawyers wrote in the motion. […]
“There’s charges pending, the only way they get out of those charges is if the government drops them,” says Michael Ettinger, a federal defense lawyer who represented Blagojevich’s brother, Robert. Charges against Rob Blagojevich were dropped after the last trial. [Emphasis added.]
He’d be looking at a maximum of five years if he was sentenced on that one charge.
At the first trial, defense counsel were funded by the Friends of Blagojevich campaign fund – not by taxpayers. The campaign fund was exhausted toward the end of trial and counsel for Blagojevich received only partial compensation (one-fifth of payment) for the last month of trial, July 2010. […]
To date, defense counsel have been working on the Blagojevich case for almost nine months without pay. This has caused a significant hardship and has deprived Blagojevich of his right to effective assistance of counsel as required by the Sixth Amendment to the Constitution.
The financial hardship this has caused defense counsel has created a vast inequity in this case between the government and the defense. […]
As such, preparation for retrial is not complete and will not be complete by April 20, 2011.
* Several legal analysts were quoted this morning. Let’s start with Fox Chicago…
FOX Chicago News Legal Analyst Larry Yellen said he didn’t expect the judge to grant the motion. Judge James Zagel throughout the case has kept the trial mostly on schedule and has denied previous, similar motions. Yellen said it may be a publicity ploy, or the lawyers could simply be trying to get paid.
Legal analyst Karen Conti also said she didn’t expect the motion to go anywhere, but it did seem to be an appeal to the public.
“This is about money, except the government is supposed to be footing the bill for this trial. There’s a couple possibilities here. It could be a legitimate request. From Blagojevich’s attorneys’ view, ‘we do not look good in a retrial and if you are convicted you face many many years in prison.’” [said WGN-TV political analyst Paul Lisnek.]
Lisnek noted that the government generally wins in the retrial of similar cases and said Blagojevich may fare better facing sentencing on the earlier conviction.
WGN-TV legal analyst Terry Sullivan agreed that Blagojevich’s money problems could be behind the lastest request.
“He hasn’t been able to rent office space, hasn’t been able to hire investigators–all the things that were pretty much stripped from him for the preparation for a second trial because of the fact that he’s now working off public funds,” he said.
* Meanwhile, a guy who cooperated with the feds for years on the Tony Rezko matter just pled guilty to two criminal counts that had expired under the statute of limitations…
A onetime Tony Rezko business partner, who once was a Chicago cop and chief executive of a company that won a $50 million security contract in Iraq, has pleaded guilty to federal charges in Chicago after he cooperated with authorities. […]
[Daniel T. Frawley] admitted to obtaining a fraudulent $4.5 million loan from First Bank in Missouri and making false representations to the bank in 1999 and 2000.
Frawley also admits to structuring a series of withdrawals from another bank, taking out a total of $87,000 at less than $10,000 each time. He said he did it to avoid disclosure requirements, which kick in at $10,000.
The conduct charged is beyond the statute of limitations and his plea deal indicates Frawley agreed to waive the statute as part of a deal. Frawley could have faced more than five years but prosecutors will recommend 18 months, according to his deal. Frawley’s lawyers can ask for less time as part of the agreement.
That’s some pretty serious stuff to waive a statute and agree to plead guilty. But the feds are just relentless, which is why nobody figures they’ll let Blagojevich have his way and be sentenced immediately.
A major contractor for the city of Chicago was spared extra time behind bars Tuesday when he was sentenced to two years of probation for failing to give minority subcontractors their share of business on two projects.
Robert Blum, 58, pleaded guilty to two counts of fraud Tuesday.
In the plea agreement, Cook County Judge Kevin Sheehan ordered Blum to pay a 20,000 fine. Blum’s Castle Construction Corp. also must pay a $20,000 fine.
Blum is scheduled to surrender to federal officials March 23 to begin serving a two-year sentence for his August conviction for filing false income tax returns. Blum was also ordered to pay $2.1 million in restitution after he admitted that he spent $1.3 million in company money on his palatial home in New Lenox, according to the IRS.
Federal records show Blum had sought a break on his tax-evasion sentence by asking U.S. District Judge James Zagel to consider his cooperation with federal authorities investigating Kelly.
But federal prosecutors objected, saying in a filing in December that “the government had concerns regarding (Blum’s) truthfulness and his value as a potential witness” and “had concluded not to call him as a witness in any trial against Mr. Kelly.”
According to state investigators, Castle was awarded a $9.8 million contract in 2006 to build several bus- and train-washing facilities for the Chicago Transit Authority. Blum told the agency he had subcontracted $2.96 million of work to minority-owned Mid-City, but the subcontract with that firm was actually only $550,000.
In 2007, Castle won a $9 million contract with the Chicago Public Building Commission to build a new fire station in the Edgewater neighborhood, investigators said. Blum told the commission that a minority-owned business would perform about one-fourth of the work, but Castle instead hired a non-minority firm.
* Related…
* Blagojevich and the Complexity of Jury Instructions: Jury instructions have clearly become so burdensome and so complex that juries like the Blagojevich jury can hardly be expected to weed through them and appreciate their detail. With lives literally at stake, what options do federal judges have to “dumb down” what in many districts are mandatory jury instructions? And how much can one really do to reduce “legalese” in jury instructions that must be precise and hew to the language of the statute and of previously used instructions if they are to stand up on appeal?
* Burr Ridge Mansion of Former Blago Fundraiser Sold at Foreclosure - The mansion owned by Christopher Kelly went for $1.6 million at foreclosure sale.
* Fired IDOT workers settle lawsuit - Sixteen employees were found to have been let go for political reasons
Gov. Pat Quinn is expected to sign historic legislation abolishing the death penalty in Illinois on Wednesday, according to the House sponsor and sources familiar with the governor’s plans.
The Democratic governor on Tuesday quietly invited death penalty opponents to a private bill-signing ceremony scheduled for late Wednesday morning in his Springfield office. Quinn’s office confirmed that the governor has an event at the Capitol on Wednesday to announce his decision on the death penalty measure.
“They point-blank told me they were signing the bill (Wednesday),” sponsoring Rep. Karen Yarbrough told the Tribune.
Quinn has until March 18 to sign or veto the legislation or it automatically becomes law. He was poised to deal with it late last week but decided to continue listening to both sides of the issue. On Monday, Quinn told reporters he planned to act this week.
Quinn’s office would not divulge the governor’s intentions nor did it release his Wednesday schedule, saying an itinerary for the day’s events likely would be forthcoming early in the day.
“Unfortunately, I can’t confirm anything for tomorrow,” said Quinn spokeswoman Annie Thompson late Tuesday.
* But shortly after 7 o’clock this morning, they sent out this press release…
FOR IMMEDIATE RELEASE: Wednesday, March 9, 2011
CONTACT: Grant Klinzman (o. 312-814-3158; c. 217-299-2448)
Annie Thompson (o. 217-782-7355; c. 217-720-1853)
GOVERNOR’S PUBLIC SCHEDULE **Wednesday, March 9, 2011**
SPRINGFIELD - Governor Pat Quinn will hold a press availability.
WHO: Governor Quinn
WHEN: 12 p.m.
WHERE: Governor’s Office
207 Statehouse
2nd and Monroe
Springfield, 62706
ADDITIONAL: The availability will be streamed live on www.Illinois.gov.
Due to space constraints, press credentials will be required.
They usually don’t stream press avails live on the Interwebtubies, so that’s a pretty darned good indication that this one is important. Watch it here.
Not clear are Quinn’s intentions for those now on death row, a group of 15 men that includes serial killer Brian Dugan, who was convicted in the 1983 murder of 10-year-old Jeanine Nicarico.
The repeal measure Yarbrough and state Sen. Kwame Raoul (D-Chicago) got through the Legislature in January is silent about the fate of those sentenced to death since former Gov. George Ryan’s set aside the death sentences of the 167 inmates on death row in 2003.
“I don’t know if there will be action on the 15,” Raoul said.
Yarbrough also was unclear on that question and said the Quinn aide with whom she spoke Tuesday did not address it.
Among those the governor consulted with were prosecutors, murder victims’ families, death penalty opponents and religious leaders. Quinn even heard from retired Anglican Archbishop Desmond Tutu of South Africa and met with Sister Helen Prejean, the inspiration for the movie “Dead Man Walking.”
Illinois Attorney General Lisa Madigan appealed directly to Quinn to veto the bill, as did several county prosecutors and victims’ families. They said safeguards, including videotaped interrogations and easier access to DNA evidence, were in place to prevent innocent people from being wrongly executed.
But death penalty opponents argued that there was still no guarantee that an innocent person couldn’t be put to death. Even Quinn’s own lieutenant governor, Sheila Simon, a former southern Illinois prosecutor, asked him to abolish capital punishment.
Illinois’ last execution was in 1999, a year before then-Gov. George Ryan imposed a moratorium on capital punishment after the death sentences of 13 men were overturned. Ryan cleared death row before leaving office in 2003 by commuting the death sentences of 167 inmates to life in prison.
