Chicago Tribune : Ex-Gov. Ryan to seek 2nd appeal

Ex-Gov. Ryan to seek 2nd appeal

By Mike Higgins | Tribune staff reporter | August 21, 2007

The legal team for former Gov. George Ryan pledged this afternoon to seek another appeal after a federal appellate court this morning affirmed his sweeping fraud and corruption convictions.

In a crushing legal blow to the former governor, a three-judge panel from the 7th U.S. Circuit Court of Appeals in Chicago ruled 2-1 today that Ryan received a fair trial last year despite a series of juror controversies.

In earlier allowing the former governor to remain free pending the appeal, the court had warned that Ryan and co-defendant Lawrence Warner would have to report to prison within 72 hours if—as happened today—they lost their appeal. Ryan faces a 6.5-year sentence in prison.

But former Gov. James Thompson, a Ryan attorney, said at a news conference this afternoon that Ryan will appeal the decision to the full court and will ask to remain free during the appeals process. "We believe they reached the wrong result," Thompson said of the three-judge panel.

He noted that Judge Michael Kanne issued "a powerful dissent" in which he concluded that the convictions should be overturned and a new trial held.

"No court anywhere has ever deprived a defendant of his life and liberty under these circumstances," Thompson said, alleging that the verdict was unfair because two jurors were replaced during deliberations.

In its 2-1 decision this morning, the three-judge panel found that U.S. District Judge Rebecca Pallmeyer acted within her authority when she replaced the jurors after the Tribune revealed they had failed to disclose information about their criminal backgrounds.

"We conclude that the district court handled most problems that arose in an acceptable manner, and that whatever error remained was harmless," Judge Diane Wood wrote for the panel. "We therefore affirm the convictions."

Thompson said Ryan will now ask the full 7th Circuit—a group of 11 judges—to review the three-judge panel's decision. He said Ryan would also appeal to the U.S. Supreme Court if necessary.

Ryan was convicted in April 2006 on charges that as secretary of state and governor, he doled out sweetheart deals to co-defendant Warner and other friends and used state resources and employees for political gain.

Warner's conviction also was affirmed today.

Warner, who was sentenced to almost 3.5 years in prison, had also been allowed to remain free while the appeal was pending.

Thompson said Ryan was disappointed by the decision but said he is a "strong guy."

"He's been through a lot," Thompson said. "I worry about him and Mrs. Ryan. But he has faith in the judicial system. He's always had that. He has a very supportive family. ... He'll take it as it comes day by day."

At the Kankakee home of Ryan and his wife, Lura Lynn, their son Homer Ryan answered the door only to say that the family would not discuss the day's events.

Marie Spalding, 69, who has lived kitty-corner from Ryan for 37 years, said the former governor has "always been there for anybody who ever needed help."

"It's the saddest thing that ever could have happened," she said of the appellate court's decision. "He's a wonderful, wonderful man. He's helped out people in this whole neighborhood."

Tribune staff reporter Jo Napolitano contributed to this report.

mjhiggins@tribune.com

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