Capitol Fax.com - Your Illinois News Radar

This just in… Latest George Ryan appeal denied

Posted in:

Illinois

* 1:11 pm - From the AP…

A federal appeals court has upheld former Illinois Gov. George Ryan’s corruption convictions.

The 7th U.S. Circuit Court of Appeals on Wednesday rejected arguments from Ryan’s attorneys that the charges should be overturned because prosecutors never proved he took a bribe.

It was the latest attempt by Ryan to get out of prison based on a U.S. Supreme Court ruling curtailing “honest services” laws.

The appellate court accepted government arguments that Ryan’s case clearly involved bribery and kickbacks, so the high court ruling didn’t apply.

* From the opinion’s conclusion…

Ryan observes that the jury was not required to determine whether Warner’s payments were bribes or kickbacks. True enough; the question under the instructions, based as they were on Bloom, was whether Ryan had received a secret financial benefit.. But there is no doubt that a properly instructed jury could have deemed the payments bribes or kickbacks; the inference that they were verges on the inescapable.

* And this is from the initial appellate opinion, which the court says “summed up the core of the charges”…

The story behind this case began in November 1990 when Ryan, then the Lieutenant Governor of Illinois, won election as Illinois’s Secretary of State. He was re-elected to that post in 1994. Throughout Ryan’s two terms in that office, [Lawrence E.] Warner [Ryan’s co-defendant] was one of Ryan’s closest unpaid advisors. One of Ryan’s duties as Secretary of State was to award leases and contracts for the office, using a process of competitive bidding for major contracts and selecting leases based on the staff’s assessments of multiple options.

Improprieties in awarding four leases and three contracts form the basis of the majority of the RICO and mail fraud counts against Warner and Ryan, as these leases and contracts were steered improperly to Warner-controlled entities. The result was hundreds of thousands of dollars in benefits for Warner and Ryan. These benefits included financial support for Ryan’s successful 1998 campaign for Governor of Illinois.

Thoughts?

posted by Rich Miller
Wednesday, Jul 6, 11 @ 1:11 pm

Comments

We have to start getting smart about the proper role of prison in this country.

What’s the point of paying to lock up in a federal prison a 77-year-old non-violent felon who poses no risk to the community? Rehabilitation? Vengeance? Those dogs don’t hunt.

The guy’s lost everything. He’s done time. Slap an ankle bracelet on him, let him serve the rest of his sentence at home and justice will have been served.

Comment by wordslinger Wednesday, Jul 6, 11 @ 1:44 pm
I disagree with Wordslinger, “you do the crime you do the time.” It is a deterance to other criminals.

That said, I did think Ryan had a point here that since honest services was thrown out parts of his conviction should be thrown out too, but I admit I’m not a lawyer and all I know about his appeal is what I’ve read in the first few paragraphs of the newspaper stories.

Comment by Not a Newcomer Wednesday, Jul 6, 11 @ 2:00 pm
=What’s the point of paying to lock up in a federal prison a 77-year-old non-violent felon who poses no risk to the community? Rehabilitation? Vengeance? Those dogs don’t hunt=

Word, so only young governors who accept bribes and kickbacks should go to prison?

I wish you and other Ryan apologists would stop mixing issues. Has George been punished enough? Maybe. However, the appeal was not about any injustice in the sentence George received but rather was the conviction proper. Did he deny the citizens of Illinois his “honest services” by accepting bribes and/or kickbacks?

The trial court said yes. The appellate court has said yes - twice.

Comment by Leave a light on George Wednesday, Jul 6, 11 @ 2:02 pm
–Word, so only young governors who accept bribes and kickbacks should go to prison?–

I’m not a Ryan apologist by any means. But these prisons aren’t cheap, and paying for older prisoners is even more expensive. I’m advocating house arrest for the remainder of his sentence after he’s already served some time.

Comment by wordslinger Wednesday, Jul 6, 11 @ 2:05 pm
I think older offenders should serve more time, not less, than younger offenders because they know better and do it anyway.

Comment by Anonymous Wednesday, Jul 6, 11 @ 2:11 pm
The Wikipedia article on George Ryan has been updated to indicate that he “is the first of two consecutive Illinois governors to be convicted on federal corruption charges.” The same article states he is due for release on July 4, 2013 (giving Independence Day a novel meaning for him). I hope he remains in jail and Rob Blagojevitch starts serving his term (assuming an appeal is unsuccessful) prior to Ryan’s release. I think having two consecutive governors from Illinois locked up for corruption will provide a stunning reminder that Illinois is a failed state.

Comment by Cook County Commoner Wednesday, Jul 6, 11 @ 2:28 pm
wordslinger should be smarter than to make an argument about prison and money, otherwise we could go back down the road of how much it costs to keep the clearly guilty imprisoned. you know, like the many clearly guilty people Ryan took off death row who will stay in prison forever.

Comment by amalia Wednesday, Jul 6, 11 @ 2:34 pm
C’mon Amalia, don’t twist what Wordslinger said into some sort of support for your death penalty crusade. That’s quite a stretch.

Comment by 47th Ward Wednesday, Jul 6, 11 @ 2:44 pm
I agree with Word. What purpose is being served by keeping him in jail? House arrest would serve the purpose.

Comment by Because I say so Wednesday, Jul 6, 11 @ 2:56 pm
“The Wikipedia article on George Ryan has been updated to indicate that he “is the first of two consecutive Illinois governors to be convicted on federal corruption charges.”

Should have a byline with it “Illinois - where governors serve twice. First for the government. Second in prison”!

Comment by Nuance Wednesday, Jul 6, 11 @ 3:05 pm
All things considered, I think the Clerk of the Appeals Court could have held the opinion for a week or so. Ryan has had enough bad news lately.

Comment by Anon III Wednesday, Jul 6, 11 @ 3:10 pm
A proper role of prison is to publically state that a specific action is criminal. Ryan agrees with that, or did.

His lawyers are fishing for a way Ryan can avoid full justice.

Comment by VanillaMan Wednesday, Jul 6, 11 @ 3:33 pm
Ryan should stay in prison until July ‘13 or until Rod shares his cell for 6 months, whichever comes first. More that 6 months locked in a closet with Rod would be cruel and unusual punishment.

Comment by Joe from Joliet Wednesday, Jul 6, 11 @ 3:44 pm
Taxpayers pay billions to lock up non-violent offenders. We can’t afford it and it doesn’t deter crime. Ryan has more than paid for his crime. Enough already.

Comment by Louis Howe Wednesday, Jul 6, 11 @ 4:16 pm
Wordslinger…. Should well let all non violent geriatric felons out of prison for a house arrest our just the friendly corrupt white haired white collar criminals like Ryan?
How about Bernie Madoff??? Would you feel the same if Blago had white hair??

Comment by one day at a time Wednesday, Jul 6, 11 @ 4:25 pm
If we are to have discussion about which offences
merit prison time, then let’s have one.
To release Mr Ryan because he is old and non-violent alone would make a further mockery of this broken state. How many other old and non-violent prisoners are there who should be released? If we change the standard then they all should be released. Not just a politician with a silk stocking law firm on speeddial.

Comment by Plutocrat03 Wednesday, Jul 6, 11 @ 4:31 pm
When certain individuals perform criminal acts that adversely affect millions, should we pardon them early merely because their crimes were not violent, because they’re older? If so, why waste money taking them to court in the first place? I consider the crimes both governors were convicted of to be as egregious as any single violent crime committed by an assailant. No, let Ryan finish out the punishment he earned related to his criminal acts.

Comment by Wensicia Wednesday, Jul 6, 11 @ 5:06 pm
–To release Mr Ryan because he is old and non-violent alone would make a further mockery of this broken state.–

It was a federal crime, so it’s really not a state issue at all. And releasing prisoners to because they are old, non-violent and pose no threat to society is not an original idea of mine.

And for someone who who I think doesn’t like to spend a lot of money on government, you should be open to home confinement or halfway house service for elderly non-violent offenders. It’s an increasingly large expense (three strikes laws) that serve no public safety purpose.

Finally, if Illinois is a “mockery” of a state, could you give me your list of “least mockable” to “most mockable” among the 50?

I’d be curious. Somehow I make it through the day and plan on staying.

Comment by wordslinger Wednesday, Jul 6, 11 @ 5:06 pm
Ryan has yet to admit any wrongdoing. I guess he has failed to be penitent in the penitentiary. I say let him stay until the last minute of the last day.

There’s no additional cost to run the prison he’s in. It’s fully funded whether he is there or not.

Comment by DuPage Dave Wednesday, Jul 6, 11 @ 6:31 pm
I am not opposed to a release, per se but not of jus the former governor.

Have a discussion about who deserves incarceration and release all who meet the lower standard.

Comment by Plutocrat03 Wednesday, Jul 6, 11 @ 9:08 pm