Aug 22, 2007 7:20 pm US/Central
Ryan Attorneys Willing To Go To Highest Authority
by Joanie Lum
CHICAGO (CBS) ―
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Attorneys for Former Governor George Ryan said they know the odds are long, but they're willing to play them to try to get their client a new trial.
CBS 2's Joanie Lum reports, Ryan's attorneys went to court Wednesday asking for a re-hearing from the entire panel of appellate court judges, which is rare.
One day earlier, the U.S. 7th Circuit Court of Appeals turned down Ryan's appeal in a 2-1 split decision. But Ryan is asking the entire 11-member court to give him a rehearing and is being allowed to remain free for now.
Former Governor Jim Thompson is acting as Ryan's attorney and says he's prepared to go to the highest authority to fight for Ryan.
"If the governor can't get a fair trial, other Americans can't get a fair trial by jury," Thompson said.
Thompson also said he feels Ryan's chances of getting a new trial are good because his is an extraordinary case.
"There is no other case in America where an appellate court has ever sanctioned replacing jurors eight days into the deliberations under the circumstances on which these jurors where replaced," Thompson said.
Legal experts agree the situation with the jury was unusual. They also say Ryan's high profile made the case extraordinary.
"Because it was the former governor, there was publicity, in the course of the trial, things happened that wouldn't have happened in an ordinary case," said Richard Kling of Chicago Kent College of Law.
Ryan has been free on bond since his conviction 16 months ago on racketeering and fraud charges. He's been with family at his Kankakee home all summer.
"Most defendants sit in jail pending appeals. He's out and that's the most unusual thing in this case," CBS 2 Legal Analyst Irv Miller said.
If the appeal is rejected, Ryan will have four business days to report to the federal prison.
"Nobody's talking about the fact, he is obviously guilty of the acts he committed," Miller added
If Ryan ends up in prison to serve his six-and-a-half year sentence, he's designated to go to an institution in Duluth, Minnesota. He requested a closer facility in Wisconsin, claiming it would be less of a hardship for his elderly wife.
Legal experts say it could take 4 to six weeks or more, to hear from the appellate court.
(© MMVII, CBS Broadcasting Inc. All Rights Reserved.)
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