Oct 26, 2007 11:47 am US/Central
Ryan's Lawyers Make Last Attempt To Keep Him Free
If They Fail, Ryan Must Report To Prison By Nov. 7
CBS 2's Rafael Romo, Mike Parker, and the Associated Press contributed to this report.
CHICAGO (CBS) ―
Attorneys for Gov. George Ryan on Friday plan to file a motion to keep him out of prison while they try to take his case to the U.S. Supreme Court.
Ryan's attorneys and prosecutors appeared Friday morning before U.S. District Judge Rebecca Pallmeyer, and agreed to a preexisting order that requires him to surrender to prison no later than Nov. 7.
On Thursday, the 7th U.S. Circuit Court of Appeals denied Ryan's request bid for a fresh appeal of his racketeering and fraud conviction in a 6-3 decision.
"We agree that the evidence of the defendant's guilt was overwhelming" at the trial that ended in April 2006, the court of appeals said in its 15-page opinion.
The former governor and his wife, Lura Lynn, waved off reporters as they left their house in Kankakee on Thursday and declined to comment.
Ryan has already been assigned a number in the federal prison system, and may be enjoying his last day of freedom.
But his attorneys are filing a motion with the 7th Court of Appeals Friday afternoon, asking for a bail extension so Ryan can remain free while they take the case all the way up to the U.S. Supreme Court.
CBS 2's legal analyst, Irv Miller, says that's as it should be.
"The problems with the jury procedures are unique to the system," Miller said. "And because it's unique to the system, it's fair that he get a full hearing."
U.S. Attorney Patrick Fitzgerald, who led the prosecution against Ryan, said the corruption case remains very solid.
"The judges who've all reviewed the case can agree that the evidence against Mr. Ryan was overwhelming," Fitzgerald said.
Out on the streets, some people agree and are getting impatient with the process.
"It's ridiculous," said Tim Lindquist. "He keeps going on and on, he gets special privileges for being a politician in Chicago."
"I think it's time for him to bit the bullet, go to prison and get it over with," said Sean Baker. "He did the crime, he's got to do the time."
"I'm kinda torn on this one," said Pat Fitzmaurice. "Not sure I want to seen an old man spend the rest of his life in jail, but he does probably deserve to be there."
"The only person this is not fair to is your everyday defendant who has to serve his sentence while his appeals are pending," Miller said. "That's the guy I feel sorry for."
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.
On Thursday, Gov. Rod Blagojevich reacted to the ruling against Ryan. "The system is working, and as sad as it is from a personal standpoint, that's what we have a criminal justice system for," Blagojevich said.
Ryan is due to serve his sentence in a prison in Duluth, Minn., but his attorneys want him instead to serve his term in Oxford, Wis.
Former Illinois Gov. Dan Walker spent 18 months at the federal prison in Duluth, and he said his stay was brutal.
"Perhaps the worst was what I saw watching a cellmate in the middle of the night get sodomized by a couple of inmates while the guard looked on and smiled at what was happening," Walker said.
If the appeals fail, Ryan and co-defendant Larry Warner would have to surrender by the Nov. 7 date.
Even if the U.S. Supreme Court refuses to hear the case, Ryan may not be done with his appeals and may be able to stay out of prison even longer. Miller says his lawyers could file another series of appeals – not on legal grounds, but on constitutional grounds. This may not be over anytime soon.
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