Citing a swirl of publicity around allegations that prostitutes were provided to his client in return for influencing state contracts, the attorney for a former top aide to Gov. George Ryan said Wednesday he is likely to seek a change of venue for Scott Fawell’s corruption trial.
Fawell, who served as chief of staff when Ryan was secretary of state, cannot receive a fair trial in Chicago “given the five years the Ryan administration has been attacked by both papers and five television stations,” attorney Edward Genson said in federal court.
Most damaging to his client is the “tabloid journalism” produced after prosecutors accused Fawell of accepting the services of prostitutes on fishing trips to Costa Rica during the late 1990s, Genson said.
Prosecutors charge that the prostitutes were among several benefits Fawell received for helping steer state contracts to the direct-mail companies of former state Rep. Roger Stanley.
Genson suggested that he would request Fawell be tried in Milwaukee.
“I’m not sure there are two people in [Illinois] who haven’t read [recent coverage],” Genson said.
Both prosecutors and U.S District Judge Rebecca Pallmeyer seemed taken aback at the idea.
“Are you suggesting we all pack up and go to Milwaukee, including me? Just say clear a courtroom, we’re coming?” Pallmeyer asked Genson.
Assistant U.S. Atty. Patrick Collins requested that “if this is a serious motion, it…be filed as soon as possible.”
Genson said that if he decided to request a change of venue, he would do so within a week.
During Wednesday’s hearing, Genson also sought to have the prostitution allegations stricken from the trial, calling them unduly prejudicial and irrelevant to the larger charges of corruption.
“This aspect of the case is nothing more than an addendum to an addendum and now it’s taking on a life of its own,” Genson said. “Given the total picture, it helps nothing.”
But prosecutors argued jurors should hear evidence regarding prostitutes because it shows the close nature of Fawell and Stanley’s relationship.
“This is the bread and butter of what’s in the indictment,” Assistant U.S Atty. Zachary Fardon argued. “Part of the scheme is to provide Mr. Stanley [contracts] in exchange for, in connection with, in reward for, certain campaign and personal benefits.”
Pallmeyer said that while she recognizes prostitution is legal in Costa Rica, she was inclined to agree with prosecutors and allow them to present evidence at trial that Fawell used prostitutes Stanley provided.
“If Mr. Stanley was providing things like tee times at the golf course or boats to go fishing …that would be evidence,” she said. “I don’t want to suggest that prostitution is equivalent… [but] information like this suggests it was not an arm’s length transaction.”
Pallmeyer said she will rule later on whether to allow the prostitution allegations at trial.
She asked to review transcripts of prosecutors’ conversations with Stanley, who also faces charges in the scandal and recently decided to cooperate in the investigation.
Pallmeyer also rejected Genson’s request to extend the Jan. 8 trial date, citing the burden on prosecutors’ schedules.
