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May 5, 2008 6:44 pm US/Central
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Both Sides Rest At Rezko Trial
CHICAGO (CBS) ―
The trial of political fundraiser Tony Rezko goes to the jury next. Acting quickly, the defense rested Monday without calling a single witness. CBS 2's Mike Parker is covering it gavel-to-gavel.
The government rested its case against fundraiser and accused shakedown artist Toney Rezko late Monday morning, bringing nine weeks of testimony to an end.
Then judge Amy St. Eve questioned Rezko. She asked if he understands that he can remain silent, or that he can, if he chooses, take the stand and testify.
Two words came from Rezko: "Remain silent."
Within minutes, defense attorney Joe Duffy told the judge there would be no formal defense case. No witnesses would be called. Outside court, Duffy explained his reason.
"We don't believe the government has met their burden of proving the charges against Mr. Rezko," he said.
Earlier Duffy has mounted an aggressive cross examination of the government's final witness, longtime Rezko business associate Ali Ata -- who had made a plea deal with prosecutors.
Ata admitted under questioning that he made false statements to the state and federal tax authorities about his income and business affairs.
"Sir," Duffy asked. "You are a convicted liar, are you not?"
Ata answered with a yes.
"Nothing further," Duffy said.
It is not unusual for the defense portion of a major criminal trial to be fairly short, though attorneys often call at least a few witnesses.
The no-witness defense case was a surprise. Earlier, defense attorneys had suggested they were prepared to call an accountant to cast doubt on Ata's testimony. And there was talk of a drug expert who would testify about star witness Stuart Levine's drug abuse history and its effect on his memory. None of that will happen.
Attorneys plan to spend the rest of this week fashioning verdict forms and the instructions that U.S. District Judge Amy J. St. Eve will give to the jury.
Closing arguments are set for 9 a.m. May 12.
Rezko RecapThe trial, which got under way March 3, has been closely watched because Rezko, a Chicago real estate developer and fast-food entrepreneur, has been a fundraiser for Democratic presidential hopeful Barack Obama.
But the Illinois senator was rarely mentioned in testimony and no one has said the evidence suggested even the slightest wrongdoing on Obama's part.
Rezko, 52, is charged with scheming with attorney Stuart P. Levine to split a $1.5 million bribe from a contractor who wanted to build a hospital in the McHenry County suburb of Crystal Lake.
Rezko also is charged with scheming with Levine to pressure kickbacks out of money management firms seeking to invest assets of the $40 billion fund that pays the pensions of retired downstate and suburban teachers.
Prosecutors say it was Rezko's prolific fundraising for Gov. Rod Blagojevich that gave him sufficient clout to manipulate such decisions on state boards from behind the scenes. Rezko denies he took part in such a scheme.
Blagojevich has not been charged with wrongdoing, but the trial has badly smudged his political image.
Before prosecutors rested Monday morning, a key witness, Ali Ata, wrapped up his stint on the stand by saying someone had threatened him.
Ata is the former executive director of the Illinois Finance Authority, an agency that guarantees business loans. He has been charged with various crimes in conjunction with Rezko.
Ata pleaded guilty in April to tax fraud and lying to an FBI agent when he denied getting his finance authority job through Rezko.
As soon as he pleaded guilty, Ata agreed to help the government in hopes of getting a lenient sentence and prosecutors rushed him to the stand at Rezko's trial.
Assistant U.S. Attorney Carrie E. Hamilton asked Ata on Monday whether he had ever "worn a wire" and made a secret recording at the request of the government. He said he had.
"For one person who delivered a threat to me," Ata said.
Duffy immediately objected and said loudly that Rezko didn't deliver the threat. After conferring with attorneys, St. Eve instructed the jury to forget they had heard about a threat.
Ata never was asked who threatened him or under what circumstances or whether he had succeeded in making a recording that might make its appearance in some future trial.
In limiting the defense portion of most criminal trials, attorneys often note that the law doesn't require defendants to prove they are innocent -- it's up to prosecutors to prove them guilty -- and that the heart and soul of defense is in cross-examining prosecution witnesses.
The Associated Press contributed to this report.
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