Apr 18, 2006 6:18 pm US/Central
Questions In Ryan Case Focus On Sentence, Appeals
CBS 2 Political Editor Mike Flannery also contributed to this report.
CHICAGO (CBS) ―
Former Gov. George Ryan has less than four months before he is scheduled to be sentenced on a federal corruption conviction -- and he faces a maximum of 20 years in prison on just one count alone.
When CBS 2 paid a visit to the former governor's home in Kankakee Tuesday, voices were heard but no one came to the door.
While in Kankakee, CBS 2 spoke to a political consultant who's been is close to the Ryans. He said the family and close friends are still stunned by the verdict.
"It's hard to accept from his point of view and from the people around them that they were in office as long as they were and … what they thought were doing business as usual, today's business as usual is a crime," Thom Serafin said. "I think George Ryan has been a survivor no matter where he goes or how he deals with things, and he's going to look at this as part of something he needs to go through in life. Lura Lynn is a wonderful person, and she's in need of friends."
Mrs. Ryan will also need money.
George Ryan stands to lose his state pension when he's sentenced in August. His pension checks are worth $16,419 a month, almost $200,000 a year. His annual pension is higher than Gov. Blagojevich's salary, and it ranks tops among retired Illinois governors.
Ryan says the pension is his only significant asset besides the family home in Kankakee. Otherwise, he says he's broke.
It's currently unclear, but federal prosecutors may seek to seize the home as restitution to taxpayers.
While his defense attorneys have promised an appeal, whether they can keep the 72-year-old Ryan out of prison during the process is one major question. The other is what kind of sentence he actually will receive.
"I think he'll do real time, and I don't think it will be short," Northwestern University law professor Ronald J. Allen said Tuesday.
A federal jury on Monday convicted Ryan of all 18 counts he faced in his racketeering and fraud trial. U.S. District Judge Rebecca Pallmeyer scheduled sentencing for Aug. 4.
Ryan faces a maximum of 20 years in prison plus a $250,000 fine on the racketeering conspiracy count alone, although he most likely will get much less time.
Prosecutors declined to say what sentence they might ask for, saying they needed time to study the federal sentencing guidelines, which the U.S. Supreme Court ruled last year are advisory rather than mandatory.
Assistant U.S. Attorney Patrick M. Collins referred reporters to the 6 1/2 years now being served by Ryan's one-time top aide Scott Fawell as an example of a racketeering sentence in a related political case but stressed that prosecutors do not yet know if something similar would be appropriate for the former governor.
"I would think that (6 1/2 years) would be the lower limit," Allen said. "After all, Ryan is more responsible for this than Fawell is."
Defense attorneys have indicated one focus of their appeal will be the jury. After eight days of deliberations, Pallmeyer dismissed two jurors following news reports they had arrest records they had not disclosed to the court. They were replaced with alternates, and the judge ordered deliberations to start from scratch.
Ron Safer, a former federal prosecutor, predicts defense attorneys will file a "full panoply of post-trial motions." In addition to the jury troubles, they could argue -- for instance -- that the jury should have been told more about Ryan's death penalty work.
Just before he left office in January 2003, Ryan commuted the death sentences of 167 inmates to life in prison and pardoned four others, declaring the state's capital justice system "haunted by the demon of error."
While defense attorneys will ask for a new trial, they are "almost never" granted, Safer said.
As for whether Ryan is allowed to remain free while the appeals process moves forward, several legal experts called it unlikely.
Pallmeyer would have "to conclude that there was an issue of law or fact that likely will lead to reversal or a new trial," Safer said.
Veteran defense attorney Rick Halprin disagrees. He believes Pallmeyer will grant Ryan a so-called appeal bond, although he admits that "they are rarely, rarely granted" in federal court.
"I think there are sufficient issues in this case which are unique," he said, pointing to decisions made regarding the jury.
Several attorneys said the defense is likely to raise Ryan's age and any possible health ailments at sentencing, which could be delayed by post-trial motions and sentencing issues, along with testimonials from community leaders and death penalty activists.
Defense attorney William F. Dow III represented former Connecticut Gov. John G. Rowland, who served 10 months in prison after pleading guilty to a federal corruption charge. Dow believes high-profile defendants often receive tougher sentences.
"Someone like a governor who has inevitably done a number of good things might not have them weigh as heavily in his or her favor because the sentencing judge might not want to look like a pushover," he said.
"Whereas a man on the street who had coached Little League, worked at church suppers, taken care of the elderly ... those things tend to mean a lot more," Dow said.
Still, Dow said if he were representing Ryan, he would emphasize his role as one of the nation's most outspoken critics of the death penalty.
"I'd say, 'Look at the fresh perspective he brought to the death penalty. Look at the healthy debate that all flowed from this man ... Look at the person in front of you,"' Dow said. "'Look at what they claim he did and what else (good) he has done. Weigh that all in the mix for a 72-year-old man."'
Video Library:
Death Penalty Moratorium Or Guilty Verdict Could Be Ryan Legacy From The Youngest To The Oldest, Jurors Share Insights Of Trial Topinka Quickly Distanced Herself From Ryan, Once Her Mentor Lawyers Complain Ryan Trial Judge Too Indecisive Broke? Ryan Says His Only Assets Are His Pension, Kankakee Home Tragic Crash, Whistleblower Set Ryan Investigation In Motion Ryan's Legal Road Is Far From Over After Verdict Dismissed Juror Said Jury Was Not Fair Or Impartial Ryan Trial Jury Has No Regrets About Verdict Suburban Woman Talks About Her Connection To George Ryan Dismissed Juror Says She Could Have Changed Ryan Trial Outcome Ryan, Warner Show Little Emotion During Verdict Ryan Defense Team Promises Appeal After Guilty Verdict Family Of 6 Children Killed In Fiery Crash Emotional About Verdict After Sentencing, What's Next For Former Gov. George Ryan? While Ryan Verdict Shocking To Some, Others Said It Was Expected Glimpse Inside The Minds Of The Jurors Who Decided Ryan's Fate A Sweeping, Surprise Verdict In The George Ryan Corruption Trial U.S. Atty. Fitzgerald And Prosecutor Collins Discuss Verdict Jurors Discuss Reaching The Ryan Verdict About The Ryan Jurors And What They Said Courtroom Sketches Capture Expressions Of Ryan, Jury Comments From The Ryan Trial Foreperson Little Emotion When Ryan Trial Guilty Verdict Announced Former Gov. Ryan Says He Will Appeal Guilty Verdict Ryan Sentencing Date Set For August Former Gov. Ryan Guilty On All Counts Willis Family Watches Closely For Ryan Verdict Waiting For The Ryan Verdict In The Courtroom Jon Duncanson On Gov. Ryan's Remarks About The Trial How Are The Jurors Dressed For The Verdict? Ryan And His Wife Enter Courtroom Ryan Trial Verdict Was A Long Time Coming Former Gov. Ryan Arrives At Courthouse A Look At The Jury Deciding Fate Of Ryan, Warner Recap Of Charges Against Former Gov. George Ryan Mike Flannery On Waiting For The Ryan Verdict Breaking News: Jury Reaches Verdict In Ryan Trial
(© 2006 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
