Oct 13, 2006 8:23 pm US/Central
George Ryan Denied Motion To Stay Out Of Prison
Ryan To Being Serving Time On Jan. 4
CHICAGO (AP) ―
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A federal judge dashed
George Ryan's hopes of avoiding prison while his corruption case is on appeal and ordered the former governor Friday to start serving his sentence in January as scheduled.
U.S. District Judge Rebecca R. Pallmeyer rejected Ryan's claim that misconduct by members of the jury at the close of the six-month trial made it likely a higher court would throw out the verdict and therefore the 72-year-old former governor should stay out of prison in the meantime.
"The court now concludes that these issues of juror misconduct do not support defendants' motions for release pending appeal," she said.
The highly detailed 32-page order effectively told Ryan, who was convicted in April along with co-defendant Larry Warner at the close of a six-month trial, to start serving his 6 1/2-year sentence Jan. 4 as scheduled.
Pallmeyer also denied an appeal bond for Warner.
One of Ryan's defense attorneys, Timothy J. Rooney, said the defense team would have no comment on the judge's decision Friday night.
Messages seeking comment were left Friday evening at Ryan's home and cell phone numbers.
It was not known whether Ryan's lawyers would be able to go to the 7th U.S. Circuit Court of Appeals in an effort to get an appeal bond.
Prosecutors had opposed any appeal bond for Ryan. Such bonds are very unusual. Judges are supposed to grant appeal bonds only if there is substantial likelihood that a higher court will throw out the verdict.
"We are pleased with the court's decision," said a spokesman for the U.S. attorney's office, Randall Samborn. He had no further comment.
Ryan was convicted of racketeering conspiracy, fraud, tax offenses and lying to FBI agents. Prosecutors say that as secretary of state he steered millions of dollars in state contracts to Warner and other insiders.
In return, he received rewards ranging from vacations in Jamaica, Mexico and California to a free golf bag, prosecutors argued.
Witnesses testified that state employees and taxpayer dollars were used to run Ryan's campaigns while investigations were killed to cover up the exchange of bribes and campaign donations for truck drivers licenses.
The trial's biggest fireworks came after deliberations began.
Two jurors were dismissed and replaced with alternates after it was discovered that they had not disclosed their police records on pre-trial questionnaires. The decision came eight days into jury deliberations.
But Pallmeyer said it wasn't any guarantee of a reversal on appeal.
"The court's decision to seat alternate jurors was admittedly a challenging one when made, but it does not rise to the level of the kind of 'toss up' or 'close call"' that would warrant appeal bond, she said.
It later was discovered that some of the other jurors had had brushes with the law but they were not dismissed. Pallmeyer concluded their omissions were less serious.
Ryan attorneys are planning to focus the appeal in part on another juror's action in bringing unauthorized legal papers into the jury room.
But Pallmeyer concluded the papers "had no prejudicial effect on the verdict" and therefore "does not present a substantial question warranting release pending appeal." She also brushed aside an alleged conversation about the case that another juror had with an outsider.
Ryan attorney Dan Webb has said earlier that he expects an appeals court to overturn the ex-governor's conviction.
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