Ruling mostly in favor of the government’s positions, a federal judge on Wednesday declined to throw out racketeering and fraud charges against former Gov. George Ryan and a co-defendant or to order separate trials for the two.
In a 55-page opinion, U.S. District Judge Rebecca Pallmeyer also declined to throw out the charges against co-defendant Lawrence Warner. She disagreed that his right to a speedy trial has been violated because almost three years would pass between indictment and trial.
Pallmeyer said she remains willing to try the case as soon as next month, but the trial is currently scheduled to begin in March because of the scheduling conflicts of Ryan’s lawyer, Dan K. Webb.
The indictment charges Ryan with taking cash, gifts and vacations for himself and relatives in return for steering state contracts and leases to friends. Warner is accused of pocketing about $3 million from the deals. Both have pleaded not guilty to the charges, which include alleged violations of the Racketeer Influenced and Corrupt Organizations Act.
In her ruling, Pallmeyer found for the first time that a state can be a RICO enterprise, the State of Illinois in this case.
Noting that courts have ruled that cities and towns can constitute RICO enterprises, Pallmeyer wrote, “The court is unable to identify a principled distinction between states and other public bodies in this context.”
While Pallmeyer declined to hold separate trials, she said she would consider first trying Ryan and Warner on the related charges and letting the jury reach a verdict on those counts. Then evidence on seven counts of false statements and tax violations against Ryan alone could be tried before the same jury, she suggested.
Lawyers for Warner had sought a separate trial, arguing in court papers that Ryan’s unpopularity could prevent a fair trial for their client.
