From the Daily Herald:

Fawell's lawyer calls case 'smoke and mirrors'
By Eric Krol Daily Herald Political Writer
Posted March 11, 2003

The federal corruption case against Scott Fawell is built on "smoke and mirrors" by prosecutors willing to play "Let's Make a Deal" with witnesses eager to save their own skins, Fawell's attorney told jurors Monday.

The all-out assault came as attorney Edward M. Genson tried to convince the jury not to convict Fawell, George Ryan's former chief of staff and son of a DuPage County political dynasty, of charges that he sold out the secretary of state's office for campaign contributions and personal and political gain during the 1990s.

"There have been too many bargains here and the truth has been sacrificed," Genson said near the end of his four-hour closing argument.

Fawell is accused of defrauding taxpayers by coordinating an effort to garner kickbacks for contracts, have employees campaign on state time and cover up the scheme. Also charged is Citizens for Ryan, the former governor's campaign fund.

Prosecutors made their closing argument last Thursday and today are expected to offer a rebuttal to Genson's assertions before jurors begin determining Fawell's fate.

Genson addressed each of the racketeering, mail fraud, perjury, tax evasion and obstruction of justice charges individually, focusing on two themes throughout: the immunity prosecutors granted many witnesses and the absence of several other key players from the witness stand.

"It's smoke, ladies and gentlemen, and mirrors," he said.

Genson sought to pin responsibility for much of the corruption on Richard Juliano, the prosecution's star witness who served as Fawell's right-hand man. Juliano testified that he was acting on Fawell orders to steal office supplies and delete computer records, but Genson suggested Juliano only said that to get a deal from authorities. Juliano's plea bargain to one count of mail fraud could net him probation instead of prison.

Genson also tried to discredit Larry Hall, a boyhood friend of Fawell's from Wheaton who testified that low-numbered license plates were sold for campaign contributions.

"He'll make up anything to get himself out of trouble," Genson told jurors. "Nobody can base a conviction on what he said."

Hall was sentenced to probation last October for fixing bids on secretary of state office renovations. He wore a wire to tape 20 conversations for investigators, including one with former Republican Senate President James "Pate" Philip of Wood Dale.

Genson pointed out that many of the political players that witnesses referred to never took the stand, calling the absent names "ghosts."

In addition, Genson stressed to jurors to look at the testimony in the case and not hold Fawell responsible for the rampant corruption in Illinois politics.

"The political system is no longer politically correct, so he's the fall guy," Genson said.

Jurors could begin deliberations this afternoon after hearing closing arguments from the attorney for Ryan's campaign fund and the final rebuttal from prosecutors.