From the Tribune:
U.S. pushes to bring up deadly '94 crash
Defense didn't want kids' deaths in trial
By Matt O'Connor and Rudolph Bush
Tribune staff reporters
Published October 19, 2005
In a bombshell announcement as the trial of former Gov. George Ryan's recessed
on Tuesday, prosecutors said they would seek to bring out evidence about the fatal
crash of six children, an inflammatory issue the defense has vehemently opposed.
Outside the jury's presence, Assistant U.S. Atty. Patrick Collins argued
that the defense's lengthy cross-examination of Scott Fawell, Ryan's former chief
of staff, swung the door "wide open" for prosecutors to get into the
hot-button issue.
But the defense quickly objected, and the judge deferred ruling on the dispute
until both sides submit written arguments.
In defending Ryan's 1995 decision to reorganize the secretary of state's
internal investigative arm, Fawell on Tuesday criticized one investigator for
concluding that fundraising by the Ryan campaign had to be the motive for a theft
at a licensing facility.
"It's ridiculous," responded Dan Webb, Ryan's lead lawyer, in
apparent agreement with Fawell.
Collins cited that exchange in arguing that prosecutors should be allowed
to show that the same investigator, Russell Sonneveld, tried to open an investigation
into the 1994 crash that killed six children of Rev. Duane and Janet Willis.
Ryan's handpicked inspector general blocked the investigation, prosecutors
said.
"We believe that is absolutely critical for the jury to hear,"
Collins told U.S. District Judge Rebecca Pallmeyer, who is presiding over the
trial.
The Willises' van erupted in flames when a large part fell off a truck driven
by Ricardo Guzman, who was later convicted in the Operation Safe Road probe of
paying a bribe to obtain his license.
The crash sparked the criminal probe that exposed thousands of hazardous
drivers who bought licenses with bribes and ultimately led to the indictment of
Ryan and his inner circle.
Webb said he was a bit stunned by the prosecutors' request, saying he made
"a conscious choice" to cover only topics that the government had gone
into in its direct examination of Fawell.
Attorney Edward Genson, who is representing co-defendant Lawrence Warner,
also voiced concerns that any testimony about the crash would taint the trial
and prompt him to seek a mistrial.
Days before Ryan's trial started last month, his lawyers sought to bar any
reference to the horrific crash, saying in a filing that it would "inflame
the passions of the jury" and "destroy any chance" of Ryan receiving
a fair trial.
Prosecutors ultimately decided against presenting the testimony--until Webb's
cross-examination.
Collins said he would also seek to introduce evidence that Pallmeyer had
previously blocked: Ryan's placing two former state legislators on the state payroll
to allegedly sweeten their pensions and Ryan's plan to set aside $1 million in
campaign funds as "a nest egg" if he had lost the governor's election
in 1998.
Collins appeared agitated at the apparent relish he saw his star witness
take in undermining parts of the case against Ryan. Fawell "happily"
and "eagerly" had answered Webb's questions, Collins said.
Fawell, serving a 6 1/2-year sentence for corruption, hasn't hidden his
disdain for prosecutors, making it clear he reluctantly decided to cooperate in
a bid to save fiance Alexandra "Andrea" Coutretsis, a former aide, from
prison.
Under questioning by Webb, Fawell characterized Ryan's decision to reorganize
the inspector general's office as part of a routine reassessment as Ryan started
his second term as secretary of state. The inspector general was combined into
the office's police department to cut costs and increase accountability, he said.
The indictment accuses Ryan of gutting the corruption-fighting arm to prevent
its investigators from uncovering improper political fundraising and bribery by
employees at licensing facilities.
Fawell said he disliked internal investigators' gung-ho techniques, saying
they liked to charge into licensing facilities waving badges. He has also contended
Sonneveld and other investigators were too quick to blame campaign fundraising
as the motive for any internal wrongdoing.
He said he was unaware of any internal investigation being squelched because
of the reorganization of the inspector general's office.
In his fourth day of cross-examination, Fawell also denied that he or Ryan
demanded campaign contributions from people seeking low-digit license plates.
Fawell said that only about one-fifth of those on a list of applicants from
1996 had ever contributed to Ryan's political fund.
Fawell said he usually approved most of the requests for low-digit plates
before passing the list onto Ryan's secretary for his apparent decision.
Prosecutors contend Ryan used the coveted plates to reward political allies
and campaign contributors.
Fawell also testified that he, not Ryan, made the decision to classify campaign
expenditures to several Ryan relatives as campaign work, even though they hadn't
done such work.
Fawell also described Ryan as generous but said he tipped reasonable amounts
based on the service provided, up to $50 to a waiter.
Prosecutors alleged that Ryan lived large, flashing a wad of cash, but Fawell
said he didn't know how much money Ryan carried.
He also said that gambling trips the two took to riverboats were infrequent
and that Ryan was a modest gambler.
Asked whether he had ever seen Ryan gambling with black chips worth $100
each, Fawell laughed and said he hadn't seen him do that.
Ryan also seemed amused, cracking a smile.