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Former Gov. Ryan A Step Away From Prison

Appeals Court: Evidence Of His Guilt Is 'Overwhelming'

CHICAGO (CBS) ― Former Gov. George Ryan is a step away from going to prison after losing his bid for a fresh appeal of his racketeering and fraud conviction.

"We agree that the evidence of the defendant's guilt was overwhelming" at the trial that ended in April 2006, the 7th U.S. Circuit Court of Appeals said in its 15-page opinion Thursday.

As CBS 2 Political Editor Mike Flannery reports, the ruling means barring some unlikely options, Ryan will soon be required to report to a federal prison and begin serving his sentence.

Ryan had been under orders to report within 72 hours of any failure of his appeal, but the U.S. Department of Justice estimated Ryan would remain free for at least 11 more days. They said the trial Judge Rebecca Pallmeyer is expected to give Ryan four days to report to prison once she is officially notified of Thursday's Court of Appeals ruling. The notification takes seven days.

The man whose office prosecuted Ryan, U.S. Attorney Patrick Fitzgerald, was given an award Thursday night by the Better Government Association, for fighting corruption the very group that way back in 1982 accused then-House Speaker Ryan of abusing his clout to steer business to his family pharmacy.

"The judges who've all reviewed the case can agree that the evidence against Mr. Ryan was overwhelming," Fitzgerald said.

The ruling comes as the tragic final act in a 40-year career in public service for Ryan. He served as governor of Illinois for one term, from 1999 until 2003, and before that, he served terms as Illinois secretary of state. His career began on the Kankakee County Board dating back to the 1960s, and he became a national celebrity for his efforts to reform the death penalty.

But the trial that federal prosecutors conducted for six months showed that he had taken money and had helped steer contracts to friends and associates who were paying him for it. The convictions stemmed primarily from a scandal in which truck drivers' licenses were given out for bribes when Ryan was secretary of state. He was sentenced to 6 1/2 years prison, but was allowed to stay out on bond while an appeal of his conviction was pending.

Ryan's attorneys have since argued said the jury deliberations were severely flawed, and that Ryan should get a new trial.

The 73-year-old former governor was convicted last year of racketeering and fraud, stemming primarily from a scandal in which truck drivers' licenses were given out for bribes when Ryan was secretary of state. He was sentenced to 6 1/2 years prison, but was allowed to stay out on bond while an appeal of his conviction was pending.

Ryan's attorneys have since argued said the jury deliberations were severely flawed, and that Ryan should get a new trial.

Emerging from their home Thursday afternoon, Ryan and his wife declined to discuss the Appeals Court ruling.

Moments before leaving home, Ryan had three quick telephone conversations with Jim Thompson, his friend, lawyer and fellow former governor.

Thompson said, "He's disappointed. At his age, with a wife and a family that depends on him. … He said, 'I have all these reporters on my lawn. I said, "Send you son out. Tell 'em you will have nothing to say.'"

Thompson said Ryan and co-defendant Larry Warner are now scheduled to report to prison by Nov. 7th. But he will ask the Appeals Court to postpone that date, while the U.S. Supreme Court reviews Ryan's request that they reverse his conviction on charges of extortion, racketeering, mail fraud and conspiracy. 

Prosecutors will urge the High Court to reject that appeal and the court hears fewer than two percent of the appeals it receives. Former Asst. U.S. Atty. Patrick Collins, the lead prosecutor in the Ryan case who is now in private practice, said "They had a great defense."

A former fellow federal prosecutor, Zach Fardon, also now in private practice, said they hope the Ryan trial is just the beginning of a campaign against corruption that they believe is deeply rooted in Illinois politics and government.

"It's a symbol of the effort to push back against the corruption that's insidious in state government. ... It never stops. And it's not going to stop," Fardon said.

A six-judge majority on the court agreed that with the statement that there was "overwhelming" evidence of Ryan's guilt.

But three of the nine judges offered a dissenting opinion. They said the proceedings were "broken beyond repair" and the trial should not have gone on for six months. They also said the length of the trial contributed to errors and the failure of Judge Pallmeyer to correct them.

Those judges argued that a mistrial should have been called in Ryan's case, which would have allowed prosecutors to try Ryan again.

Ryan's appeal was largely based on the dismissal and replacement of two jurors during Ryan's trial. Two jurors lied on jury information sheets they filled out before the trial and Pallmeyer, who presided at the trial, dismissed them and replaced them with alternates after the jury had begun deliberations.

Ryan has been with his family at his Kankakee home since the conviction.

The defense and prosecution will appear before Pallmeyer Friday morning.

It's worth recalling how long this whole thing has taken. Ryan was indicted in 2004 ... and as his trial began the Chicago White Sox were preparing for the 2005 World Series.

CBS 2 Political Editor Mike Flannery and Political Producer Ed Marshall, and the Associated Press, contributed to this report. 

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