Feb 19, 2007 10:49 pm US/Central
Ryan Fights For New Trial
Convicted Former Governor And Co-Defendent Hope For A New Trial
by Jay Levine
CHICAGO (CBS) ―
-
-
Former Gov. George Ryan (File)
CBS
Attorneys for convicted governor George Ryan, and his co-defendant Larry Warner, are going back to court Tuesday.
As CBS 2 Chief Correspondent Jay Levine reports, their lawyer is fighting for a new trial.
George Ryan's attorneys will argue the point first raised by Dan Webb last fall.
"The excusal of jurors after the jury deliberations are into their eighth day is something that's never happened anywhere in the country," Webb said on Sept. 6, 2006.
Warner's lawyer will agree but also maintain Warner should have been tried separately.
Their fate is now in the hands of three still unnamed appeals court judges. But the odds may be in their favor.
"The standard they had to use in granting the appeal bond is to say to him we think there's a reasonable probability you're going to win this appeal," said CBS 2's legal analyst, Irv Miller.
Ryan has spent the past five months in his Kankakee home, with rare public appearances including one at DePaul, and as a guest on Cliff Kelley's radio program.
He's talked about the death penalty, but not his conviction.
For everyone, the talking is almost finished. Attorneys have an hour to make their cases and answer the judges' questions.
And then, many believe, a relatively quick decision will be handed down.
"This is a on fast track. And I suspect their opinion will be on a fast track also," Miller said. "This will not go past Memorial Day."
"The issue is, does he have to report to a penitentiary?" Miller added. "And they're not going to let this languish and let him just stay out on bond, if, in fact, this decision's going to be affirmed. If it's going to be reversed, he gets a new trial, he doesn't have to worry about reporting to the penitentiary. But if it's affirmed, he's got to bring his toothbrush with him."
Neither defendant's superstar lawyers, Dan Webb or Eddie Genson, will be in court Tuesday.
There will be no jury, just the judges, who have resisted all attempts at delay.
If the appeal is denied, Ryan could demand a hearing before all seven appellate court justices, but even so it appears within weeks Ryan and Warner will either be preparing for new trials or on their way to prison.
(© MMVII, CBS Broadcasting Inc. All Rights Reserved.)
Get breaking news alerts
Click to enlarge
Click to enlarge
Stumble It!
