From the Chicago Tribune:
Ryan's lawyers contest evidence
With trial in 2 weeks, defense team files flurry of motions
By Matt O'Connor
Tribune staff reporter
Published September 8, 2005
With jury selection scheduled to begin in less than two weeks, lawyers for
former Gov. George Ryan filed nearly a dozen motions seeking to block the government
from presenting evidence critical to its case at the trial.
Among the requests made public Wednesday was one seeking to bar prosecutors
from making any reference to the fatal crash of six children that sparked the
criminal investigation that led years later to Ryan's indictment.
The defense is also seeking to block key government witnesses from offering
what it called "speculation and opinion," which if successful could
keep out damaging testimony that Ryan allegedly shared in lucrative kickbacks
from vendors while he was Illinois secretary of state.
Ryan's legal team, led by Dan K. Webb, sought to block testimony about the
awarding of low-digit license plates to Ryan campaign contributors without evidence
that the former governor had made an explicit promise to do so in return for the
contributions.
Webb and co-counsel Bradley Lerman and Timothy Rooney also asked to bar
prosecutors from commenting on the frequency or size of Ryan's cash withdrawals.
Noting that prosecutors have alleged that Ryan sold his office for cash,
the defense said, "The government does not have a single witness who will
testify that George Ryan ever received a corrupt dollar--not one."
Ryan's lawyers even asked that the entire indictment be thrown out on grounds
that the grand jury testimony of the secretary of state's former chief lawyer
violated Ryan's attorney-client privilege.
The testimony of Roger Bickel, the office's former general counsel, "covered
a broad range of topics and went to critical points underpinning the entire indictment,
and as such, this entire prosecution is now tainted," the motion said.
"We're going to respond in court" to the defense motions, said
Assistant U.S. Atty. Patrick Collins, who is heading up the Ryan prosecution.
"We intend to prove up what's in our indictment."
Jury selection is scheduled to begin Sept. 19 as Ryan and Lawrence Warner
go to trial on charges the former governor took cash, gifts and vacations for
himself and relatives in return for steering contracts and leases to Warner and
others.
The trial could last as long as four months.
Ryan's lawyers sought to preclude the government from bringing up at trial
the fatal crash that killed six children of Duane and Janet Willis, saying Ryan
had no connection to the accident.
The Willises' van erupted in flames in 1994 when a large part fell off a
truck driven by a man who was later convicted in the Operation Safe Road federal
probe of paying a bribe to obtain his license.
The indictment briefly refers to the crash in a section charging Ryan with
gutting the corruption-fighting arm of the secretary of state's office to prevent
its investigators from uncovering improper political fundraising activities.
The defense raised concerns that mentioning the horrific crash at trial
would "inflame the passions of the jury" and "destroy any chance"
of Ryan's receiving a fair trial.
By seeking to block what it called speculative testimony, the defense hopes
to keep out a key accusation that Ryan split kickbacks from contractors while
secretary of state as well as other allegations from Scott Fawell, Ryan's former
right-hand man who is expected to be the government's star witness.
Ryan's lawyers termed as "plainly inadmissible" the claim by Donald
Udstuen, another government witness, that Warner told him he would share the kickbacks
with Ryan.
"Udstuen himself never paid Ryan money; Udstuen never saw anyone pay
Ryan; Udstuen never discussed the topic with Ryan, and therefore Udstuen has no
personal knowledge--none--of Ryan ever receiving money," the defense motion
said.
The defense also asked that the jury not be told of the 2003 conviction
of Ryan's campaign committee on similar charges, saying it could result in Ryan's
being found "guilty by association."
On a more personal level, the defense made a plea for Ryan's wife, Lura
Lynn, and his children to be allowed to attend the trial even though they could
be called as witnesses.
"It would be an undue hardship for Ryan to be separated from his wife
of 49 years and from his immediate family day-in and day-out during a trial expected
to last at least four months," the lawyers wrote.