From the Sun-Times:
Both sides grill jury pool in Ryan trial
September 20, 2005
BY NATASHA KORECKI Federal Courts Reporter
To one potential juror, former Gov. George Ryan was "no good,"
"forgetful" and "unprepared" as a public official.
He wasn't talking about Ryan's historic decision to clear Death Row, or
unqualified truckers getting licenses for bribes, or the 73 people convicted in
the Operation Safe Road investigation.
What was the juror referring to? Ryan once mixing up the names of legendary Bears
linebacker Dick Butkus and former Bears coach Mike Ditka.
Ryan, for the first time sitting in a federal courtroom as a criminal defendant,
lowered his head and smiled at the observation. He had made the gaffe in 2000
by introducing Ditka as Butkus.
In the first day of jury selection in Ryan's public corruption trial Monday,
lawyers on both sides struggled through the public's wide-ranging opinions or
preconceptions that come with a defendant as prominent as Ryan.
"Because he was governor this is a highly unusual case," Ryan's powerhouse
attorney Dan Webb said.
"We are exploring the attitudes people have against George Ryan because
we should have a jury without bias."
Ryan, 71, is on trial with his lobbyist friend Lawrence Warner on charges
he steered state contracts and leases to his friends and took gifts, vacations
and cash for himself and family.
He's also charged with lying to the feds.
Warner is accused of shaking down state vendors for lobbying business while
giving Ryan and his family cash and loans.
Ryan calmly walked past a flurry of cameras Monday morning. His first question
upon exiting the elevator to his floor: "Where's the men's restroom?"
He later cracked a joke about the early morning as he entered the courtroom
for the first time. His wife, Lura Lynn, sat behind him in the courtroom, as did
members of Warner's family.
Jury selection, often seen as the most important part of a trial, started slowly
Monday with just eight potential jurors set aside after 14 were questioned.
Ultimately, 18 will sit on the panel for the four-month trial. U.S. District
Judge Rebecca Pallmeyer said jury selection could continue through Wednesday.
It could be longer.
From a pool of 300, at least 46 are needed -- possibly up to 60 -- who are
deemed impartial by the judge. Then, both sides can strike: The defense has 18
peremptory challenges, the prosecution has 10.
Strategies came to light in the questioning of the first batch. Ryan's defense
team asked each person if he or she could keep an open mind. Did they understand
Ryan was presumed innocent until proven guilty? Could they look at prosecutors
at the end of a four-month trial and vote not guilty -- even if they thought Ryan
was guilty but believed the government hadn't met its burden?
Nearly all said yes.
If they went back to the jury room convinced of Ryan's innocence could they
be swayed to change their minds?
"I would definitely stick to my guns," said one. Another said
he wouldn't change his mind, "Because that's who I am."
Webb also asked numerous people how they felt about vanity license plates.
'A cat-and-mouse game'
A jury selection strategist said the defense is already trying to condition
potential jurors.
"He is starting to try his case and start creating the idea there is doubt,"
said Beth Foley, vice president and senior litigation consultant with Zagnoli
McEvoy Foley, LLC.
Foley said the defense wants to see how influential a person might be over other
jurors, while the feds are looking for those who distrust the government or strongly
favor Ryan or his policies.
"There is a cat-and-mouse game being played," she said. "George
Ryan wants to identify people who love him, [but] he does not want them to step
forward because the government will strike them. George Ryan only needs one fan
to hang the jury, so he hopes that fan can slip by undetected."
Not as seen on TV
Prosecutors, too, were heading off their own issues. Assistant U.S. Attorney
Patrick Collins explained to one juror who liked "CSI" that unlike the
television show, the case would take months, and asked if she expected anyone
to "pull a rabbit out of a hat."
Among the dozen jurors dismissed Monday was one who said he had an issue
sending older people to prison. Prosecutors had moved to toss that juror, who
earlier expressed admiration for some of Ryan's policy decisions while he was
office.
Another said he couldn't be fair to Ryan.
Highlights
Jury: Selection starts slowly with just 8 of 14 potential jurors surviving the
first round. Jurors were questioned one at a time. Up to 60 will be set aside
before both sides whittle down panel to 18.
Defense: Asks each juror to commit from the outset that he or she will make prosecution
prove its case beyond a reasonable doubt. Samples jurors by asking their opinion
on politicians getting friends low-digit license plates.
Prosecution: Wants to speed up jury selection and possibly place time limits on
questioning. Fights references to low-digit plates as misstating and oversimplifying
the case.
THE CHARGES AGAINST GEORGE RYAN
Two-term secretary of state and one-term Gov. George Ryan and lobbyist friend
Lawrence Warner are on trial for a 22-count indictment.
Allegations against Ryan include:
Racketeering: He's accused of steering lucrative contracts to friends -- while
in office -- and giving them insider information from which they could profit,
while he took cash, gifts and vacations for himself and family. He also allegedly
used state money for political reasons.
False statements: Three counts alleging he lied to the FBI.
Income tax fraud: He allegedly kept information from the IRS.
Mail fraud: Nine counts alleging he wrongly received financial benefits from those
getting state business, including loans for himself and family.
False tax returns: Allegations of filing false federal tax returns for 1995-1998.