* The Kankakee Daily Journal’s managing editor was upset with yesterday’s piece slamming the paper’s coverage of how a prominent local businessman was indicted on five counts by a federal grand jury.
You’ll recall that Michael J. Pinski, a bigtime Kankakee developer and owner of a major title company, was indicted for his alleged direction of a scheme to strip one of his buildings of asbestos and then dump it in an open field in Hopkins Park, a nearly all-black, totally poor town in Kankakee County.
One of the things I chided the paper for was publishing just four paragraphs on the story. They actually published a few more than that in theIR dead tree edition, but in none of those grafs is it made clear that Pinski is a major K3 wheel. The paper also provided no context at all about the dumping site’s long, sad history. The additional paragraphs are, in reality, just background material and filler. Here’s the rest of the article…
Pinski hired O’Malley in August 2009 to remove the building’s pipe insulation, which contains asbestos.
For years, asbestos was used in insulation and in fire-retardant products. However, it was discovered that inhaling the fibers is not only dangerous but can be fatal –resulting in lung cancer, mesothelioma and asbestosis.
But O’Malley wasn’t trained in asbestos removal, according to their indictments. O’Malley then hired Mikrut to recruit and oversee the five workers who removed the asbestos between Aug. 15 and Aug. 20, according to their indictment.
Mikrut and another person, who is not named in the indictment, drove a dump truck Aug. 23 to a field in Hopkins Park and dumped about 127 large garbage bags of the asbestos insulation into a field, according to the indictment. Soil in that field became contaminated with asbestos, prosecutors contend. Mikrut and Pinski also are accused of telling a state EPA inspector in September 2009 that they didn’t know anything about the removal.
Pinski and Mikrut will be arraigned July 15. O’Malley pleaded not guilty June 11 after he was arrested, according to court records. His next hearing is July 29 in Urbana, with a trial set for Aug. 16.
Each of the seven charges is punishable by up to five years in prison and fines totaling up to $250,000.
The U.S. Attorney’s Office did not disclose the indictments until Monday, although U.S. Magistrate Judge David G. Bernthal on June 11 ordered the indictments unsealed, court records show.
Like I said, not much there. No context about Pinski or Hopkins Park. Not even a sidebar. And, since Wednesday, no follow up story, either.
I’ll be in Hopkins Park this weekend to check things out for myself. In the meantime, this one is for the K3 Daily Journal folks and all their fine, upstanding townie friends…
And it’s up against the wall, redneck mother
Too much? OK, maybe, but whatever. They are what they are.
* According to Jim DeRogatis, the Illinois attorney general is issuing subpoenas and investigating the festival’s sponsors to see if they are violating anti-trust laws. The probe stems from Lolla’s “radius clauses” in musicians’ contracts. Some of those clauses prohibit the acts from playing within a 300-mile radius of Chicago for six months before and after their Lollapalooza shows…
Many local Chicago club owners and independent concert promoters have said that these radius clauses are decimating the local music community and significantly hurting their business for much of the year, and that they constitute unfair, anti-competitive practices. Lollapalooza promoters respond that the clauses are standard practice in the concert industry, and that they waive them for any artist who asks to be excused from their requirements. […]
The difference with Lollapalooza’s radius clauses is that they are some of the longest and most extensive in the business, and they affect a huge number of acts, since there are more than 120 bands performing at the mega-concert. And, unlike a concert with two or three bands on the bill, Lollapalooza does not rely on any one headliner to sell tickets. In fact, promoters consistently trumpet the sheer volume of acts and wealth of different experiences offered in Grant Park as the main draw.
That means if you love a little band like The Dodos and want to see them in Chicago, you can’t pay $20 for a night at the Double Door — you have to buy a $90 one-day pass to Lollapalooza. […]
“During the summers now, you’re lucky if you have a couple of shows, and you’re just picking up the leftovers that couldn’t get into any of the festivals,” one club booker told DeRogatis.
With a handful of notable exceptions, such as a performance by Radiohead in Grant Park’s Hutchinson Field promoted by Chicago-based Jam Productions in 2001, city officials were reluctant to allow for-profit rock concerts in the lakefront park. The Park District notoriously blocked performances by the Smashing Pumpkins, the survivors of the Grateful Dead, and other bands throughout the ’90s.
The Park District’s attitude changed in 2005 when it was presented with a proposal by C3 to reinvent Lollapalooza as a Chicago-based “destination festival” generating more than $1 million a year for parks improvements. All licenses and permits for Lollapalooza are taken out not in the name of C3, but by the non-profit Parkways Foundation, an organization headquartered inside the Park District’s offices.
In 2006, Lollapalooza signed a contract with the city to continue bringing Lollapalooza to Grant Park for five years. For that deal, C3 was represented by attorney Mark Vanecko, a nephew of Mayor Richard Daley.
With just a week before the new budget year begins, Illinois Governor Pat Quinn is calling on the state Senate to “complete their work.”
Senators left Springfield almost a month ago without making a decision about to how cover a $4 billion payment to the state pension fund. […]
Quinn is already faced with having to cut billions of dollars from the budget.
“I think [senators] have a responsibility to return to Springfield and get the job done. If they don’t, I think they’re hurting education, they’re hurting public safety, they’re hurting health care and I don’t think that’s right,” Quinn said.
* The Question: The pension borrowing bill is currently short of passage by anywhere between one to three votes. Should Gov. Quinn call a special session to try and force the Senate to pass the pension borrowing legislation? Explain.
* Bill Brady stood with his former primary opponent yesterday to demand an investigation into why the Dept. of Corrections has lost track of some parolees who were part of the secret, botched MGT Push release program…
A group of Illinois legislators that includes Gov. Pat Quinn’s Republican opponent want a joint committee of the Illinois House and Senate to investigate parolees who disappeared after being released early from prison.
Senators Bill Brady and Kirk Dillard and Rep. Dennis Reboletti said Thursday that they’ll seek information from Quinn’s office. Brady is running against Quinn for governor.
The legislators’ move comes after The Associated Press reported that dozens of parolees disappeared after being set free as part of a secret early release program.
This issue won’t ever go away. But Gov. Quinn tried to blame the General Assembly and, by extension, Brady for the problem.
Gov. Pat Quinn blamed an outdated computer system Thursday for his Corrections Department’s failure to keep track of all the prison inmates who were granted parole under a secret early release program.
The outdated technology makes it harder to keep track of the thousands of inmates in Illinois prisons, he said, a day after The Associated Press reported that officials don’t know the location of dozens of inmates who were released early.
The Democratic governor did not provide details of how the computer system supposedly hampers tracking parolees. The Corrections Department has not mentioned computer problems in explaining the missing parolees or what’s being done to track them.
Quinn said he asked for money to update the computer system earlier this year but legislators said no.
“I inherited this. I didn’t create it,” he said during a news conference. “I’m trying to solve a problem.”
*** UPDATE *** Brady responds to Quinn’s response…
Republican candidate for governor Bill Brady says Gov. Pat Quinn should have fixed Illinois’ prison computer system before releasing criminals early.
Brady on Friday said Quinn should have used $3 billion in discretionary money last year to upgrade the Corrections Department computer system. He says then maybe dozens of parolees let out of prison early wouldn’t be missing.
[ *** End of Update *** ]
* Meanwhile, this is highly unusual, to say the least…
Gov. Pat Quinn’s new chief spokesman is taking an indefinite leave of absence to pursue a spot in the General Assembly, according to an administration source familiar with the decision.
Bill Cunningham, who joined the governor’s office earlier this month, is seeking to be named the replacement on the November ballot for the Southwest Side House seat that opened up when Democratic Rep. Kevin Joyce announced he will not seek re-election.
Cunningham went on unpaid leave [yesterday] in order to avoid any conflicts of interest as he tries to get the House seat, the source said.
Joyce’s announcement has spawned intrigue about a few possible contenders: Maureen Kelly, who ran for the Metropolitan Water Reclamation District Board; Fran Hurley, a trusted Rugai aide; Bill Cunningham, who worked for Sheriffs Michael Sheahan and Tom Dart and recently accepted a post with Gov. Pat Quinn; Frank Bilecki, local government liaison for Comptroller Dan Hynes; Mike Cullen, legislative liaison for the Illinois Commerce Commission; and John O’Sullivan, Worth Township Democratic committeeman.
The front-runner? Cunningham, although the timing is miserable. He accepted a job as Quinn’s chief spokesman days before Joyce announced his decision to withdraw. […]
Cunningham would be Joyce’s top recommendation, and O’Shea likes him, too. He is campaign-ready, having worked for years within the sphere of government, politics and media.
O’Shea said he will wait until June 28, the last day to apply online for the 35th District seat, before interviewing candidates. The decision will be wrenching. He carries the heaviest weighted vote based on the makeup of the district, followed by O’Sullivan and Palos Township Democratic Committeeman Sam Simone. Orland and Lyons township Committeemen Dan McLaughlin and Steve Landek represent a small piece of the district as well.
Illinois gubernatorial candidate Scott Lee Cohen was among the masses waiting in line at Northbrook Court.
“There’s no special treatment here,” said Cohen grabbing some fresh air while his two sons held their place in line. “I’m waiting my turn just like everybody else.”
The Cohens, still hours away from iPhone pay dirt, had already waited for three hours.
“I’m very fortunate to have great kids and they wanted the new phone,” said Cohen while campaigning over his old iPhone.
“The iPhone allows me to be in constant contact with my staff, with my calendar and it makes me more accessible to the people of the state.”
There’s your quote of the day.
* Related…
* Panel interviewing candidates for 60th state House seat: Link would confirm the identity of only one of the applicants: Angelo Kyle, a Lake County Board member from Waukegan who had twice unsuccessfully challenged Washington for the seat in Democratic primaries, most recently this past February.
* Questions Linger About Planned Southern Illinois Development: Leaders in Southern Illinois say a new destination development is the key to thousands of new jobs and hundreds of millions of dollars in new investment. But one leader from Metro East isn’t so sure.
* Cavaletto Reacts to Signing of “Star Bonds” Legislation: Critics say it’s nothing more than corporate welfare - using taxpayer dollars to support a private developer. State Representative John Cavaletto in Salem says while Star Bonds will benefit southern Illinois - his district has their own priorities which could have benefitted from the legislation. “We’re going to keep working for our district and the 600 acres in Mt. Vernon just sitting there,” he says. “We want to promote that area and bring jobs and businesses to our area, so we’re going to be working on that in the next legislative session.”
* Quinn Signs STAR Bonds Bill in Marion: The bill may be signed, but there’s no official list of businesses that plan to build. Holland said prospective users for the site include Great Wolf Lodge, a hotel and water park, and outdoor retailers like Cabela’s or Bass Pro. He expects to break ground in about a year.
* Quinn inks STAR bond legislation: “We have a long way to go,” Quinn said. “We were dealt a blow with the Great Recession. A lot of wheelers and dealers on Wall Street … will never put us down. We’ll never give up.”
* Jobs to ‘last a lifetime”: A jubilant crowd gathered in Marion to watch as the governor signed the bill sponsored by state Rep. John Bradley and state Sen. Gary Forby into law, the first of its kind in the state.
* Sherman pops up at STAR bond signing: Self-described atheist Rob Sherman surprised the Benton Democrat by showing up at the gathering and asking Forby about the $20,000 grant he helped secure for Friends of the Cross, the group raising funds for the restoration of Bald Knob Cross of Peace. “Sen. Forby had declined to respond to my numerous requests to speak to him about the $20,000 grant,” Sherman said.
* Press Release: Economic Recovery Commission Presents Final Report to Governor Quinn: The Economic Recovery Commission today presented its final report to Governor Pat Quinn detailing recommendations to improve upon Illinois’ 21st-century business model and help rebuild the state’s position as a strong, expanding economic power. “I appreciate the hard work of the Economic Recovery Commission,” said Governor Quinn. “Its insights will help us work together to build on our existing assets and position our state for strong, lasting recovery as we move out of this historic recession.”
* The Chicago Politician, the Discredited Non-Profit and a Mystery Earmark
If you’ve been keeping up with the Rod Blagojevich trial and skimmed through the transcripts of the federal surveillance recordings released so far, it’s pretty obvious that the defendant is a crook.
But it’s also clear that the guy isn’t very bright. Incredibly persistent, but not bright.
Many of us who have followed him closely already knew that, of course. The same couldn’t be said for those who jumped into the game late, particularly those silly cable news talking heads and some unmentionable talk radio morons. They were agog at his ability to recite poetry from memory, duly impressed when he dinged the establishment by appointing Roland Burris to the Senate, and delighted at how he held his own while they tossed the same, empty softball questions at him time and time again.
Typical cable TV doofus: “Why do you want all the tapes released?”
Blagojevich: “Because I absolutely, positively believe they’ll prove my innocence.”
Doofus reporter: “Fantastic! OK, now, please tell us how difficult this terrible ordeal has been on your family.”
It was like watching a hurricane victim endlessly describe how his house was destroyed and how he was forced to endure the additional indignity of fighting with the big, bad insurance company. Ridiculous.
Put him up against a real adversary, and Blagojevich was exposed for what he was.
For years, Gov. Blagojevich tried to outwit House Speaker Michael Madigan. Blagojevich came into office believing that Madigan was the root of all evil, so he was bound and determined to destroy the man.
But the competition was way too much for the governor. Time and time again, Blagojevich played checkers while Madigan played chess. He’d occasionally win a short-term victory, but he was always undone in the end.
Listen to the surveillance tapes and you’ll hear a frantic Blagojevich finally admitting that he’d painted himself into a hopeless corner. He was desperate to use the vacant U.S. Senate seat created when Barack Obama won the president’s race to extricate himself from the mess that he had made for himself with his unwinnable war against Madigan.
“I’d like to get the f— out of here,” a clearly defeated Blagojevich says at one point.
He was so frantic at times that he sounded like an about-to-be overthrown Third World dictator. And he proceeded accordingly.
The true high comedy on the tapes comes during the long, involved “strategy sessions” featuring Blagojevich and his top staff. Blagojevich tried to “war game” ways he could maneuver Barack Obama into providing him with a golden parachute.
Blagojevich exhaustively debated which specific words to say at various meetings, what concepts to bring up, whom they could trust and when he could spring this or that idea about what he wanted in exchange for filling that vacant seat.
But he was outwitted at every turn. Blagojevich initially wanted to use the president’s apparent desire that Valerie Jarrett get the Senate seat to his own advantage. But his long days of scheming were for naught. The president-elect’s people quickly figured out what he was up to and announced that Jarrett would be joining the administration. So much for that plan.
On and on it goes. Every scheme fails. Every idea crumbles. But he always forges ahead, never realizing he just wasn’t up to the task, or that the idea itself was morally wrong and even illegal.
He has been exposed as a willing, corrupt, inept Sisyphus. But the next time he is hurtled back down the mountain, it’ll be to a federal prison cell.
The latest example of Daley’s privatization frenzy will start with a request-for-proposals from firms interested in recruiting and hiring tradespeople in five city departments: Streets and Sanitation, Transportation, Water Management, Aviation and General Services.
If it works to have an outside personnel firm recruit and hire carpenters, electricians, laborers and plumbers, City Hall will move to outsource all other hiring, the mayor said.
After years of trying and failing to rid his administration of patronage scandals, Mayor Richard Daley floated another plan Thursday: bringing in an outside firm to hire many city workers.
The latest idea comes as one of Daley’s top former operatives faces criminal retrial for allegedly rigging city hiring to strengthen the mayor’s onetime political army and as Daley struggles to end federal court oversight of personnel decisions.
For his new test program, Daley singled out five major city departments, at least three of which have been repeatedly accused of considering politics when hiring, promoting and firing — practices banned by the courts in most cases.
The former chairman of the Chicago City Council’s police and fire committee has been sentenced to 28 months in federal prison for taking $40,000 worth of home improvements in exchange for a zoning change. Before sentencing, Isaac Carothers told U.S. District Judge Robert Dow he understood “the terrible damage” he inflicted on his family and the city for his illegal conduct.
Some of the most compelling evidence against Burge are pictures of an injured Andrew Wilson after he confessed to murdering two Chicago Police officers in 1982. Burge’s defense attorney Richard Beuke started his closing arguments saying the now deceased Wilson was in the darkest dingiest corner of hell laughing about this case.
* Accusations of lying swapped as Burge trial comes to close
The audit noted in 2008 Pagano received $111,000 for unused vacation time that year and for 2009, against Metra policy. It also found Pagano approved agreements giving former Deputy Executive Director Rick Tidwell and former labor relations chief Mike Nielsen $89,000 and $42,000 respectively - comprised of unused vacation and sick days payouts - for staying past their retirement dates.
Only a few hours remain for residents living in an unincorporated area of the county near Lombard to object to a plan to bring them Lake Michigan water. The objection period ends Saturday.
* Sun-TImes: Carp crisis requires thoughtful, fast action
* Gov. Quinn assured many that he could hold education harmless this coming fiscal year by using his powers to move money around. But here come the cuts…
The Illinois State Board of Education agreed to ax nearly $300 million from its budget on Wednesday, canceling financial support for everything from agricultural education to arts education to alternative schools that get high school dropouts back in class.
State Superintendent Christopher Koch called the reductions “an unraveling of the infrastructure for state education.” […]
The board initially faced $480 million in cuts to targeted programs based on the budget proposal passed by state lawmakers. But Gov. Pat Quinn averted deep reductions in early childhood and bilingual education by providing another $194 million, state education officials said.
Board members grappled Wednesday with where to squeeze $282 million from the spending plan for next year. They targeted after-school programs, school breakfast reimbursements as well as principal and teacher mentoring.
The advantage of being in the minority party (or the Tribune editorial board) in a situation like this is you can demand cuts and then attack the majority for the cuts they do make. Expect just such a react soon.
You can listen to today’s meeting of the state board live by clicking here (Real Media) or here (Windows Media).
* Related and a roundup…
* State’s outstanding bills dog DuPage county budget: In all, the state is behind $7.8 million in its payments to the county. Sales tax receipts also are lagging about 7.7 percent below the projected half-year figure of $39.3 million.
* Legislators Flider, McCarter forego mailings: In order to save the state money, Rep. Bob Flider, D-Mount Zion, and Sen. Kyle McCarter, R-Lebanon, are foregoing the brochures that commonly explain what they accomplished during the spring legislative session in Springfield.
Illinois state Treasurer and Democratic Senate nominee Alexi Giannoulias’ name came up Wednesday at the trial of former Illinois Gov. Rod Blagojevich (D).
There’s was no smoking gun — or anything close to it — but with Rep. Mark Kirk (R-Ill.) struggling mightily beneath his misrepresentations of his military record, Republicans’ hopes of tying Giannoulias to the trial and changing the subject could be buoyed.
That WaPo mention was prompted by this Sun-Times passage about Treasurer Alexi Giannoulias calling on behalf of Valerie Jarrett’s appointment to the US Senate after Barack Obama’s election win…
In the same call, [chief of staff John Harris] is overheard talking about getting a message from Illinois state Treasurer Alexi Giannoulias.
“So Alexi called me. He wanted to have a discussion about the Senate seat,” John Harris is heard telling Blagojevich. “I imagine he’ll tell me … Barack wants Valerie.”
Blagojevich: “Listen to me, don’t see him today. Just … let’s run the clock now.”
The recording, which is from a phone call about a month before Blagojevich and Harris were arrested, suggests Giannoulias is serving as some kind of intermediary for Obama.
Not true, said Giannoulias spokeswoman Kathleen Strand. “Alexi did not call Harris at the behest of President Obama,” she said. “Alexi thinks very highly of Valerie Jarrett, and it was well known that he thought she would make a terrific senator. So naturally, he was an advocate for her appointment.”
For Republicans, the back and forth between Harris and Blagojevich gives them something with which to tie Giannoulias to the trial and the deeply unpopular former governor. But nothing in the brief tape suggests any wrongdoing on GIannoulias’ part.
HARRIS Right. The question is if Alexi is coming in on her behalf, do we use Alexi to get the word back to her?
BLAGOJEVICH No, I don’t trust Alexi, I, no, under no circumstances.
HARRIS Mm-hmm.
BLAGOJEVICH No, no. Absolutely, not.
Seems like almost a vindication to me.
*** UPDATE *** From the IL GOP…
For more than a year and a half, Alexi Giannoulias failed to disclose this phone call. If Alexi tried to hide this phone call, what else might he be hiding about this case?
Key Questions for Alexi Giannoulias:
1) Why did you call Blagojevich Chief of Staff John Harris regarding Illinois’ U.S. Senate seat?
2) Did you make any other phone calls to John Harris, Rod Blagojevich or any other Blagojevich associate?
3) Did you, your staff or your family at anytime speak with John Harris, Rod Blagojevich or any other Blagojevich associates regarding Illinois’ U.S. Senate seat? If so, what was discussed each time?
4) Do you believe you are recorded on any federal wiretaps of John Harris, Rod Blagojevich or other individuals in connection with this criminal trial?
[ *** End of Update *** ]
* In other Senate campaign news, the AP has published a national story about the race. The lede pretty much says it all…
Republican Mark Kirk has stepped on a political landmine of his own creation, leaving him as damaged as his Democratic opponent in the race for an Illinois Senate seat once held by President Barack Obama.
* Pat Gauen of the St. Louis Post-Dispatch looks at what he believes is political strategy…
[Treasurer Giannoulias] announced June 13 that he will begin granting family medical leave to employees of his office who are in committed homosexual relationships, just as though they were married. It’s novel in Illinois state government and obviously timed for the election year. (He has had 3½ years in office to do it. And if it isn’t about politics, why not announce the same terms for committed but unmarried straight people?)
OK, a Democrat courting votes from gays and lesbians isn’t very deep strategy. But gently laying the subject on the voters’ table in this instance is subtle, potentially venomous, gamesmanship. […]
Giannoulias, you will remember, is running for Obama’s old Senate seat in what early polls say is a dead heat with an upstate Republican congressman named Mark Kirk. Here, too, Giannoulias is quietly using a homosexual-themed buzz to electoral advantage.
It serves as a small reminder that Kirk’s generally good marks from the gay-lesbian community have not endeared him to the political right and its hefty block of votes. Moreover, floating the subject reminds true homophobes that enemies in Kirk’s own party have garnered even mainstream news media attention by floating persistent rumors that he is gay. Kirk, who is divorced, denies it.
* Carl Officer says he kept Senate campaign secret because of St. Clair County Dems: Asked what he thought the county Democrats might have done to hurt his campaign, Officer responded, “I am not going to speculate.”
* Illinois conservative independent doesn’t file to run in U.S. Senate race: llinois State University political scientist Robert Bradley said it’s questionable how many votes Niecestro would have drawn from Kirk’s total in November. “I have a sense that the tea party is not as organized (in Illinois) as it is in other places,” Bradley said.
* I’m not totally sure yet how this impacts the Rod Blagojevich case or the George Ryan conviction, but the US Supreme Court just handed down its ruling in the Skilling case. AP…
The Supreme Court has sided with former Enron CEO Jeffrey Skilling in limiting the use of a federal fraud law that has been a favorite of white-collar crime prosecutors.
The court said Thursday that the “honest services” law could not be used in convicting Skilling for his role in the collapse of Enron. But Justice Ruth Bader Ginsburg said in her majority opinion that the ruling does not necessarily require Skilling’s conviction to be overturned.
In an opinion written by Ruth Bader Ginsburg with varying support from other justices the court finds the honest services law only covers bribery and kickback schemes, and Skilling was not accused of either.
This means some of his charges could be retried or dismissed and his 24-year sentence could be further reduced.
At issue is the “honest services” law, a broad anti-fraud law that makes it a crime to “deprive another of the intangible right of honest service.” Skilling and others argued the law was too vague and was misused by prosecutors.
Former Gov. Rod Blagojevich is being tried on multiple charges of corruption, including depriving the public of honest services.
Over the past two decades, the law against “honest services” fraud has been used routinely in cases in which public officials or corporate executives were accused of secretly scheming to benefit themselves at the expense of the public or their stock holders.
The Government charged Skilling with conspiring to defraud Enron’s shareholders by misrepresenting the company’s fiscal health to his own profit, but the Government never alleged that he solicited or accepted side payments from a third party in exchange for making these misrepresentations. Because the indictment alleged three objects of the conspiracy—honest-services wire fraud, money–or-property wire fraud, and securities fraud—Skilling’s conviction is flawed. See Yates v. United States, 354 U.S. 298. This determination, however, does not necessarily require reversal of the conspiracy conviction, for errors of the Yates variety are subject to harmless-error analysis. The Court leaves the parties’ dispute about whether the error here was harmless for resolution on remand, along with the question whether reversal on the conspiracy count would touch any of Skilling’s other convictions. Pp. 49–50.
554 F. 3d 529, affirmed in part, vacated in part, and remanded.
* The Supremes also ruled that Conrad Black’s appeal was improperly denied. From the ruling…
We decided in Skilling that §1346, properly confined, criminalizes only schemes to defraud that involve bribes or kickbacks. That holding renders the honest-services instructions given in this case incorrect, and brings squarely before us the question presented by the Seventh Circuit’s forfeiture ruling: Did Defendants, by failing to acquiesce in the Government’s request for special verdicts, forfeit their objection, timely made at trial, to the honest-services instructions? […]
We hold, in short, that, by properly objecting to the honest-services jury instructions at trial, Defendants secured their right to challenge those instructions on appeal. They did not forfeit that right by declining to acquiesce in the Government-proposed special-verdict forms. Our decision in Skilling makes it plain that the honest-services instructions in this case were indeed incorrect. As in Skilling, ante, at 40–41, we express no opinion on the question whether the error was ultimately harmless, but leave that matter for consideration on remand.
For the reasons stated, we vacate the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion.
Here in Illinois, most will ask how the ruling may affect the case against former Gov. Rod Blagojevich. We note that the indictment against the ex-governor was already revised to minimize its reliance on the Honest Services law. Even if the Honest Services law had been wiped out entirely, most of the charges against the ex-governor would survive.
Testimony in the trial to date certainly makes it appear that Rod Blagojevich saw public office as a tool for forcing payments to benefit himself. Whether the subject was the issuance of state grants, the signing of legislation, or even the filling of the US Senate seat, Rod Blagojevich approached his public duties with both eyes focused on what he could get for himself — a job, a campaign contribution, a personal benefit.
We hope the trial will continue, and that justice will be done. The people of Illinois have endured an impeachment and removal from office; we have seen our state’s reputation dragged through the mud. Politicians, like everyone else should be held accountable for their criminal actions. The trial must proceed. Justice is served by having the trial continue.
Lawyers for Rod Blagojevich were quick to pounce on the U.S. Supreme Court decision this morning weakening the so-called honest-services law on which some of the charges against the former governor are based.
Aaron Goldstein, one of Blagojevich’s many lawyers, filed a motion to suspend the trial until at least next week so the defense team could digest the high court’s 114-page decision.
It has been known for months that the Supreme Court ruling was coming, and Blagojevich’s lawyers sought to seize on that even before the trial began to get Zagel to postpone the proceedings. He consistently said no dice.
And Zagel did so again this morning, telling Blagojevich’s lawyer that “my preliminary reading (of the Supreme Court ruling) is it may not offer a lot of hope for you.”
*** UPDATE 3 *** I was gonna do a separate Blagojevich trial post, but here’s a roundup instead…
* If this story doesn’t disgust you, nothing will.
A very prominent Kankakee-area businessman was indicted by the US Attorney’s office this week on five felony counts. The businessman, Michael J. Pinski, allegedly hired people to strip asbestos out of one of his buildings. They then dumped the highly toxic material into a field in Hopkins Park.
Hopkins Park, you will remember, is an almost all-black, exceedingly poor town in Kankakee County. The last time we checked in with that community, the county board chairman hadn’t even bothered to ask that the town be declared a disaster area after a big tornado tore through. Gov. Quinn had to step in and unilaterally declare the county a disaster area or they never would’ve gotten any help.
* Pinski is a local real estate developer and owner of Kankakee County Title Co. Both are pretty major K3 concerns. My dad says Pinski’s father was my pediatrician brothers’ dermatologist when I was a child. He comes from a wealthy, successful and quite prominent Kankakee family.
According to the indictment, Pinski allegedly hired Duane O’Malley, who runs a fire protection company, at a price that was “substantially less than a trained asbestos abatement contractor would have charged to remove the asbestos insulation.” And then they allegedly stuffed the asbestos into 127 large plastic garbage bags and dumped them all in that Hopkins Park field.
* Huge news, eh? It’s not often that a bigtime Kankakee businessman is indicted by the feds on five felony charges that each carry 5-year prison terms. Throw in the racial and class angle, and it’s a truly hot item.
Three Kankakee County men are scheduled to appear in an Urbana federal court later this summer, indicted for improperly removing asbestos from a Kankakee building and dumping about 127 bags of the hazardous material in a Hopkins Park field.
Charged with four counts each of illegal asbestos removal and handling were: Michael J. Pinski, 41, of 17 Marquette Lane, Kankakee; Duane L. “Butch” O’Malley, 57, of 5649 N. 5000E Road, Bourbonnais; and James A. Mikrut, 47, of 43 S. Poplar St., Manteno. The charges were in connection with the August 2009 removal of asbestos from 197 S. West Ave., in Kankakee.
The building, which was being renovated, is owned by Pinski’s company, Dearborn Management Inc., according to the U.S. Attorney’s Office for the Central District of Illinois.
O’Malley, owner of Origin Fire Protection, and Mikrut also were indicted on one count each of illegal asbestos disposal, and Mikrut and Pinski also were indicted on one count each of making a false statement to an Illinois Environmental Protection Agency inspector, according to a copy of their indictments, obtained Monday by The Daily Journal.
A check of past issues shows the Daily Journal has interviewed Pinski several times. They talked to him about the Kankakee mayor’s race and how he’s surviving the economic downturn. They did a big puff piece on Pinski a few years back while he was developing the Dearborn Business Center downtown. But now that he’s under indictment? A little more than passing mention.
Pinksi and his cohorts allegedly endangered the health of who knows how many people by disgustingly dumping asbestos - of all things - in an open field, and it gets four grafs in the only paper in town.
Maybe now you’re getting a better idea of why Hopkins Park has always been on the short end of the stick. It’s a dumping ground for the area’s prejudices and, apparently, its dangerous pollutants. And nobody, including the newspaper, appears to care.
Frankly, I hope the feds throw the book at those clowns. And I hope that someday, somehow, the people who run the Kankakee Daily Journal will finally take just a wee bit of notice at what’s really going on around them. Shame on them. And shame on this entire state for letting it get this far.
Cowlishaw grew up in Rockford, where she was valedictorian of her graduating class at West Rockford High School. She majored in journalism at the University of Illinois and did post-graduate work at Northwestern University. She also received several honorary degrees.
She came to Naperville in 1958. For more than five years she worked as a feature writer for the Naperville Sun, winning a first-place award from the Illinois Press Association for investigative reporting for a series about substandard conditions at a local nursing home.
Naperville Sun viewpoint editor Tim West said Cowlishaw was a valued employee and public servant.
“During the years Mary Lou worked with us, she was always hardworking and industrious, but approached her stories with a lot of good humor,” he said. “During her public career she was a very important person in town and she will be missed.”
Mrs. Cowlishaw was described as generous, perceptive and purposeful by District 203 Board member Suzyn Price, who knew her for more than 10 years.
“She was a distinguished woman of enormous gravitas,” Price said. “Besides being a wonderful human being — a warm and committed and compassionate human being — we lose a powerful voice for community and education.”
She said Mrs. Cowlishaw’s work in male-dominated fields — first as a reporter, then school board member and a state representative — was an inspiration to women in leadership and politics.
As she neared retirement as a legislator, a 2001 story in the Tribune noted that her most visible achievements in Springfield were her roles in Chicago public school reform and in legislation that ensured education for homeless children.
An elementary school in Naperville is named after her.
Combined results in reading, math and science showed 69.5 percent of Chicago third- through eighth-graders passed Illinois Standards Achievement Tests taken in April, up 2 percentage points from 2009, according to preliminary results released by the district.
Science scores rose the most sharply year over year with a 3.6-point increase, district officials said. Reading showed the smallest increase, lifting half a percentage point from 2009 levels.
* Union blasts Chicago Public Schools’ tenure attack
Experts called the system’s new layoff rules unusual but part of a “growing drumbeat'’ to allow districts to use something other than seniority and tenure in determining who should be laid off, especially in tough economic times.
While former Regional Supt. Charles Flowers is awaiting trial on felony charges of theft and official misconduct, his office in Broadview is housing a backlog of 2,500 teacher certifications that are supposed to be completed by July 1.
A commercial fisherman patrolling the calm waters of Lake Calumet netted a 19-pound Asian carp Tuesday, the first physical discovery of the feared invasive species in the Chicago waterway system north of the electric barriers.
Within minutes of the official announcement on Wednesday, lawmakers from Michigan and environmental advocacy groups were once more chastising Illinois’ response to the Asian carp crisis and threatening a new round of legal action aimed at permanently closing Chicago-area shipping locks.
