From the Daily Herald:
Former top aide key in Ryan trial
By Eric Krol
Daily Herald Political Writer
Posted Tuesday, September 20, 2005
In a corruption trial expected to be filled with dramatic scenes, few will pack
more emotional wallop than when former Gov. George Ryan watches former top aide
Scott Fawell testify against him.
There also may be few more important witnesses for U.S. Attorney Patrick Fitzgerald
in his case against Ryan, who sat in court Monday as attorneys began the lengthy
process of picking a jury to hear evidence in the 22-count indictment against
Ryan and co-defendant Lawrence E. Warner.
The perhaps weeks-long testimony of Fawell, once as close as a son to Ryan politically,
is pivotal because he can say what Ryan knew and when he knew it — the precise
part of the mystery federal prosecutors have been trying to unravel for seven
years of their Operation Safe Road probe.
“It is hard to underestimate the benefit to the government … of how
Mr. Fawell’s truthful information will help complete the picture of this
very important investigation,” Assistant U.S. Attorney Patrick Collins,
who will prosecute the case, said in court nearly a year ago.
Whether the jury believes Fawell, given his previous vow never to testify against
Ryan and subsequent flip-flop when prosecutors put heat on his fiancee, is important
for Ryan’s defense.
Associated Press
Former Gov. George Ryan leaves the Dirksen Federal Building Monday after
the first day of jury selection began in his racketeering trial.
“I’m still not overly comfortable with participating,” Fawell
told a federal judge last Oct. 28 during a teary testimonial to try to keep his
mistress-turned-fiancee, Andrea Coutretsis, out of prison. “I don’t
relish testifying against George Ryan.”
Fawell, 48, was once the heir to DuPage County political royalty. His mother is
Beverly Fawell, a former state legislator. His father is Bruce Fawell, a former
chief judge in the county. And his uncle, Harris Fawell, was a respected congressman
from Naperville.
Scott Fawell rose through the GOP political ranks rapidly, serving as a driver
for then-U.S. Sen. Charles Percy, lobbyist for the tollway authority and campaign
operative for then-Gov. Jim Thompson. He ended up working for then-Lt. Gov. Ryan,
and helped Ryan win a close race in 1990 for secretary of state.
Ryan rewarded him with the chief of staff job and then the nearly $200,000-a-year
plum of running the agency that oversees McCormick Place and Navy Pier.
So if Ryan indeed has figurative bodies buried somewhere, as prosecutors allege,
Fawell is in position to know the location. He gave prosecutors a 45-page sworn
statement.
Fawell talked about special secretary of state office leases prosecutors say Ryan
illegally steered to co-defendant Warner. He also took yearly vacations to Jamaica
with Ryan, trips a businessman who got an office lease would reimburse the duo
for, according to prosecutors.
Among other things, Fawell also supposedly knows about alleged selling of low-digit
license plates for campaign contributions. He helped set up a scheme in which
secretary of state workers would do campaign work on state time, prosecutors say.
And when it came time to cover up the illegal political activity, prosecutors
likely will try to prove Fawell told Ryan about massive document-shredding that
was going on.
A jury found Fawell guilty for his part in the corruption scandal. He’s
serving a 6¨-year sentence at a federal work camp in Yankton, S.D.
Fawell, however, gave his testimony to prosecutors reluctantly, a fact that Ryan’s
defense team undoubtedly will bring to jurors’ attention.
“I’m not going to sell myself out just to save myself,” Fawell
said after his sentencing in late June 2003. “I’m not sitting on any
bomb of George Ryan’s. I’m not going to go in there and make up stories
about him just to save myself, which unfortunately that’s the game (prosecutors)
like you to play.”
That, however, was before Fitzgerald’s office charged Coutretsis, formerly
of Long Grove. Coutretsis, a mother of two and Fawell’s one-time assistant
at McPier, faced a prison sentence for perjury before persuading Fawell to turn
on Ryan. In return, she could get six months or probation. Fawell could get six
months shaved off his sentence.
Given that change of heart, one former federal prosecutor said it’s important
for prosecutors not to rely too heavily on Fawell as a witness, or to be able
to corroborate his testimony.
“A lot of what Fawell will testify to is stuff that wasn’t written
down or involves a he-said, she-said scenario,” said Ricardo Meza, a former
assistant U.S. attorney from Arlington Heights now in private practice at Utreras
Law Offices in Chicago.
Beyond his incentive to cooperate, Ryan’s attorneys also likely will try
to paint Fawell as the person truly responsible for the corruption, a renegade
lawbreaker who really ran the show without Ryan’s knowledge. Fawell, after
all, kept an infamously detailed “favors list” with the names of movers
and shakers who asked the secretary of state’s office for help.
Fawell’s demeanor on the stand could go a long way toward how jurors view
him — at times during his trial, he had a hard time suppressing what some
pundits have called a “bad-boy smile.” During others, such as the
time he agreed to cooperate to save Coutretsis, Fawell broke down in tears.
“If his smugness comes off after the first couple of questions on direct
exam, prosecutors will have a tougher time,” Meza said. “The question
is whether Fawell will try out the tears against the governor or not.”
Fawell, who is in prison, could not be reached for comment. His attorney declined
to comment.