Capitol Fax.com - Your Illinois News Radar

Ryan files appeal * Updated x1 *

Posted in:

Illinois

I’ll see if I can locate a copy of the filing today and post it here as an update.

George Ryan’s lawyers asked an appeals court Thursday to throw out the former governor’s racketeering and fraud conviction, claiming it was the result of “an avalanche of errors” by the trial judge.

Attorneys for Ryan and co-defendant Larry Warner said the jury that found them guilty following a six-month trial last April was prejudiced by serious mistakes on the part of U.S. District Judge Rebecca R. Pallmeyer.

“The District Court’s singular desire to bring this case to a verdict led it to commit an avalanche of errors that deprived Warner and Ryan of a fair trial before an impartial jury,” they said in a 90-page brief.

“These errors undermined the legitimacy of the verdicts, which were contaminated by outside influence and divorced from meaningful deliberation,” they said in urging a new trial for Ryan and Warner.

The Tribune has more:

When it was discovered that some additional jurors had been in scrapes with the police but failed to mention them on their questionnaires, Pallmeyer declined to replace them as she had the other two, they said.

“And because of the District Court’s unprecedented decisions, the jury that ultimately found Warner and Ryan guilty was very different from the one charged with determining their fate at submission,” the appeal said.

“Significantly the reconstituted jury did not include a known defense holdout juror removed under an arbitrary standard,” it said. “The District Court itself recognized that ‘it might very well be’ that its unprecedented decisions related to this jury would warrant reversal.”

Pallmeyer refused to grant Ryan a new trial, saying she did not see “any great harm.” The appeal recalled a remark by the judge that “if I am wrong, it will not be the first time I was reversed, and I am not afraid to be reversed.”

The appeal brief said: “Indeed these convictions must be reversed.”

Do you think Ryan should get a new trial?

*** UPDATE *** Here’s the brief. [pdf file]

posted by Rich Miller
Friday, Dec 15, 06 @ 9:14 am

Comments

Should? Or will? I think he should be hung out to dry. I think he will get a new trial. I don’t think the appellate court is going to let stand a situation where the judge started kicking off jurors and then quit kicking them off when she ran out of spares. There does seem to be something arbitrary about it, and I think Ryan’s lawyers have a good argument. I was surprised there was not a mistrial.

Comment by HoosierDaddy Friday, Dec 15, 06 @ 9:20 am
Judge Pallmeyer was painted into a corner by the Feds and the Chicago Media - I think that the case will be tossed and Ryan will get a new trial with far less huffing and puffing from both quarters.

Comment by Pat Hickey Friday, Dec 15, 06 @ 9:26 am
One thing is for sure–Ryan is better off with the high-priced lawyers he can afford than Joe Schmoe who gets the public defender.

Comment by Squideshi Friday, Dec 15, 06 @ 9:50 am
Yes, Judge Pallmeyer screwed up. Not surprising to me. Frankly, I’m hoping she ends up with egg on her face.

Comment by Ravenswood Right Winger Friday, Dec 15, 06 @ 10:06 am
Ryan WILL get a new trial and I doubt he will ever see the inside of a prison cell. I believe he will be found guilty but I just don’t think he will ever do time.

Comment by Rod Blagojevich Friday, Dec 15, 06 @ 10:56 am
Well there is only one thing that I know, a new trial would be the biggest pain in the butt. We would get to relive the Phil Gramm prostitute remark and maybe have some more jury tampering by the judge… I am sick of it. I don’t want to go through it all over again!!!

Comment by Lovie's Leather Friday, Dec 15, 06 @ 11:10 am
How much did the last trial cost everyone, by the way? And this guy will probably never see the inside of a prison after filing appeals, right?

See? Even when the crooks get busted, they still manage to waste everyone’s time and money.

Comment by Angie Friday, Dec 15, 06 @ 11:12 am
He’ll get a new trial, but it’ll never take place. He’ll die before the appeal process ends and the feds have to gear up for yet another half-year trial (assuming they will even wish to take that enormous burden on themselves again). Ryan basically walks.

Comment by Snidely Whiplash Friday, Dec 15, 06 @ 11:15 am
Absolutely! The US Attorney has the Governor on trial and the FBI to help investigate the backgrounds of these jurors. They had this information available when they picked the jurors and chose to use it when they realized they made some mistakes in selection. It should not work that way.

Comment by blogman Friday, Dec 15, 06 @ 11:33 am
I think he is guilty but the trial seemed to be a joke or else I’ve been watching too many trials on tv.

Comment by Joannie Friday, Dec 15, 06 @ 1:05 pm
Yes, he should get a new trial. Not that I’m fond of Ryan or anything, but it does seem that it was arbitrary which jurors were kicked off and which weren’t.

Comment by cermak_rd Friday, Dec 15, 06 @ 3:58 pm
Yes and hopefully without all of the hearsay that was allowed in the last trial.

Comment by Shelbyville Friday, Dec 15, 06 @ 11:48 pm
Seems to me that a hundred trials will parade the same sorry excuses for the self serving behavior the former Governor was convicted of.
A new trial is simply the roll of the dice to wait for a juror who believes that business as usual is fine. Perhaps a City of Chicago patronage employee who thinks that contributing cash gifts to your boss is normal.

Comment by Plutocrat03 Sunday, Dec 17, 06 @ 7:13 pm