From the Tribune:
Ryan's lawyers took aim at jurors
Unsealed filings show bid to dump 4 others
By Matt O'Connor and Rudolph Bush
Tribune staff reporters
Published April 19, 2006, 11:21 PM CDT
Newly unsealed court filings reveal a flurry of behind-the-scenes activity
by lawyers for former Gov. George Ryan in recent weeks as part of a concerted
bid to persuade a federal judge to declare a mistrial over allegations of juror
misconduct.
After two jurors had been dismissed during deliberations for concealing
arrest records, Ryan's lawyers sought to have four additional jurors thrown off
as well, saying they lied on juror questionnaires as well.
Four of the jurors had failed to reveal arrests from more than 20 years
before—one for allegedly striking his pregnant, teenage sister, a second
for buying a stolen bicycle and a third juror for allegedly hiding arrests from
the 1960s, the filings revealed. The fourth was the jury forewoman, who defense
lawyers said did not reveal that she had been involved in civil court cases.
Attorneys for co-defendant Lawrence Warner sought to disqualify yet another
juror for discussing the case with a relative, friends and co-workers while she
was an alternate and not part of the first round of deliberations.
The all-out efforts by the defense to bring the trial to a halt before a
verdict failed to win the support of U.S. District Judge Rebecca Pallmeyer but
will clearly form the basis for an appeal.
The jury convicted former governor and Warner, a close friend and lobbyist,
on Monday on all counts of wide-ranging corruption charges in the marathon trial.
The defense has vowed an appeal revolving around a series of juror controversies
since deliberations began last month.
Just minutes before the verdict was announced, the defense sought to remove
the jury forewoman for not revealing a divorce and court orders of protection
during jury selection in September.
Pallmeyer ordered Wednesday that the filings relating to the jurors be unsealed.
The judge could order the release as soon as Thursday of transcripts of a number
of closed-door hearings among lawyers and the judge on the juror issues.
Pallmeyer had ordered the proceedings kept secret to protect the privacy
of the jurors and the integrity of the process, she said.
In a statement after the release of the documents Wednesday, U.S. Atty.
Patrick Fitzgerald defended the fairness of the trial, the jury and Pallmeyer's
efforts.
"The jurors served at considerable personal sacrifice, and now that
their service is complete, they are entitled to a measure of the same fairness
with which they went about their duties," Fitzgerald said. "The judge
took steps above and beyond what the law required by making findings after conducting
hearings and resolving the issues with great care."
The deliberations played out over more than a month amid controversy. After
the Tribune discovered last month that jurors Robert Pavlick and Evelyn Ezell
had concealed their arrest records during jury selection, Pallmeyer excused them,
added alternates in their place and ordered deliberations to start over again.
By then the original jury had deliberated eight days.
The forewoman, Sonja Chambers, was also at the center of another recent
dispute after a caller to a radio talk show—a small-business owner named
"Dennis"—claimed she had improperly discussed the case with him
last month.
The judge sided with Chambers, who denied the allegation.
The unsealed filings open a window on the previously secret proceedings,
including an unsuccesful bid by the defense earlier in the trial to dismiss Pavlick
for allegedly discussing the case with other jurors, and provide a glimpse at
the acrimony among some jurors.
One juror, Cynthia McFadden, was ousted in the final days of the trial after
complaints by five other jurors that she was sleeping during testimony.
Ryan's legal team—led by Dan Webb—objected to McFadden's dismissal
and alleged that "a faction of jurors is instigating" her removal.
"To permit a group of jurors to oust a juror they deem 'disruptive'
or otherwise unworthy of participating in deliberations will have a chilling effect
on deliberations," the defense said in the Feb. 13 filing.
The defense took the judge to task for dismissing Pavlick and Ezell for
not revealing past arrests on the juror questionnaire but failing to bounce three
other jurors for the same conduct.
According to the unsealed filings, juror Kevin Rein concealed a 1980 arrest
in DuPage County for allegedly hitting his pregnant 17-year-old sister in a quarrel
over cats. But the charges were dropped when the sister declined to prosecute
Rein, the defense said.
Another juror, Charles Svymbersky, failed to mention on the questionnaire
that he was arrested in 1983 in Peoria for buying a stolen bicycle, according
to records obtained by the defense.
Defense attorneys also produced arrest records from the 1960s that they
say were for Raul Casino.
Another juror, Jill DiMartino, admitted that her daughter, friends and co-workers
questioned her about the case during the original deliberations while she was
an alternate, Warner's lawyers contended in unsuccessfully seeking to block her
from rejoining the jury after the dismissal of Pavlick and Ezell.
None of the jurors could be reached for comment Wednesday on the allegations
in the filings except for Ezell and DiMartino, who vehemently denied she discussed
the case with anyone.
"I came home from work today, and my husband said my picture was on
the TV, saying that they checked into more jurors and some of them lied on their
questionnaires," she said. "I was livid. I really didn't discuss the
case with anyone. It's the defense throwing little things out to stir up a commotion."
"I know in my mind and my heart that I went in there with an open mind,"
she said.
Ryan's lawyers contended that following the Tribune's disclosures about
Pavlick and Ezell, jurors learned from other jurors, media accounts or friends
that an investigation was under way into their criminal backgrounds. It was also
widely reported that Pavlick and Ezell could face prosecution for perjury for
lying on the questionnaires, the defense noted.
"The effect of the outside influence in this regard cannot be overstated:
a jury that perceives itself as under investigation undoubtedly has the desire
to please prosecutorial authorities ... and vote for a conviction—regardless
of the evidence," the April 4 defense filing said.
"This jury now has every incentive to vote in favor of conviction and
none to vote for an acquittal."
Tribune reporters Ray Gibson and Gerry Doyle contributed to this report