A ruling that former Gov. George Ryan can remain free on bail during the appeal of his corruption conviction gives him a measure of hope that he ultimately may be vindicated.
The decision made public Wednesday by a three-judge panel of the 7th Circuit U.S. Court of Appeals spares Ryan from having to surrender to prison early next year as scheduled.
“It’s a Christmas blessing,” former First Lady Lura Lynn Ryan said from the doorway of the family’s Kankakee home.
But several jurors who convicted Ryan in April considered the news a slap in the face.
“If you wanted me to speak of my emotions, you couldn’t print it,” said James Cwick, 23, of Glen Ellyn. “The proof of his guilt is there. He should be going to jail on Jan. 4.”
The news wasn’t all good for Ryan Wednesday. In Springfield, the seven-member General Assembly Retirement System voted unanimously to permanently cancel Ryan’s $197,000-a-year pension because of his conviction.
The appellate court panel’s ruling was short–a few legalistic sentences–and offered no explanation of the reasoning behind the decision. It overturned a ruling by U.S. District Judge Rebecca Pallmeyer denying Ryan freedom on appeal. But Ryan’s lawyers had argued tumultuous jury deliberations raised significant legal questions that could result in a reversal of his conviction and a new trial.
The ruling gives Ryan reason to take heart, according to veteran criminal-defense lawyers who have regularly argued before the 7th Circuit.
The panel “decided that there’s a realistic possibility or probability of appellate vindication,” said attorney Allan Ackerman.
But Ryan has a long way to go to see the verdict against him overturned, the attorneys said.
The panel that granted Ryan a bond pending his appeal likely will not be the same group of judges that ultimately hears his appeal.
That panel will consider more thorough written arguments from prosecutors and Ryan’s attorneys and likely will hear oral arguments as well. The appeals process typically takes months, if not longer.
`Completely new look’
“The judges who will hear his appeal ultimately will take a completely new look at it,” said Joel Bertocchi, an attorney who specializes in appellate law.
And if Ryan’s conviction is ultimately upheld, his bond will immediately be revoked, the appellate court ruled.
The ruling was the latest twist in a trial marked by extraordinary events.
Ryan was convicted in April on sweeping corruption charges that, as secretary of state and governor, he doled out sweetheart deals to friends and used state resources and employees for political gain. He was to begin serving a 6 1/2 year sentence on Jan. 4.
While the jury was deliberating, the Tribune reported that two jurors, Evelyn Ezell and Robert Pavlick, had concealed a history of run-ins with the law–information they should have revealed to the court months earlier, during jury selection.
After conducting her own investigation, Pallmeyer removed the jurors and replaced them, starting deliberations anew.
Before she was removed, Ezell was holding out against convicting Ryan.
After Ryan was convicted, his lawyers argued that he should remain free because of Pallmeyer’s decision to replace the jurors.
They also argued that juror Denise Peterson did independent legal research.
In October, Pallmeyer denied appeal bonds for Ryan and his co-defendant, Lawrence Warner. She ruled that her decision to replace two jurors during deliberations likely would hold up on appeal.
The appellate court overruled Pallmeyer on Ryan’s bond but did not consider bond for Warner because he has not requested it.
Warner, who was sentenced to 3 1/2 years, said Wednesday that he didn’t ask for the bond because, unlike Ryan, he felt defeated.
Ryan “always thought it would come through, but he was the only one,” Warner said.
Several jurors who convicted Ryan are eager to see the appeals court uphold their verdict–in part because turmoil in the jury room led to Ryan’s receiving the appeal bond.
Peterson was incensed that Ryan received bond based in part on arguments that she acted improperly.
“I don’t know how he can sleep at night,” Peterson said of Ryan. “His guilt is absolutely clear cut. It’s ridiculous that this man is being allowed to stay free.”
Ezell thrilled by ruling
Ezell said she was thrilled by the ruling.
“I think that’s great news,” she said. “I am so happy for him. The verdict was a miscarriage of justice.”
At Ryan’s Kankakee home, meanwhile, there was jubilation.
“We’re very, very happy,” Lura Lynn Ryan said, declaring her husband’s innocence. Ryan, who was in the house, did not speak to reporters.
Later, as the sun set, she came outside to turn on the family’s Christmas lights, illuminating a manger set up in the front yard.
Her comments came less than hour before the General Assembly Pension System board decided to revoke Ryan’s pension.
Former Gov. James Thompson argued unsuccessfully before the board two weeks ago that Ryan should be allowed to keep the portion of his pension he earned before he became secretary of state in 1995.
Since leaving the governor’s office in 2003, Ryan has collected $630,000 from the state pension fund, said Timothy Blair, acting executive director of the pension system.
Ryan will not be required to return that money and “is eligible to be refunded the $235,508 he paid into the system.”
After the meeting, Rep. Kurt Granberg (D-Carlyle), the board’s chairman, said voting to deny Ryan’s benefits was the “only legal recourse” the board had, saying members had the responsibility to take action.
“The whole policy was to serve as a deterrent” to other public officials from breaking the law, Granberg said.
Rep. Lee Daniels (R-Elmhurst), another board member, said the board “followed the law.” But he added he had “tremendous” feelings for Ryan.
“This is a very good friend of mine,” Daniels said. “It’s a difficult time right now. I send my feelings and compassion to the governor and his family. It’s a very sad time.”
Lobbyist Tony Leone, a longtime friend of Ryan’s who served as his clerk of the House, monitored the hearing for Ryan and said the former governor expected the decision.
`Only source of income’
“It’s devastating because that’s his only source of income other than Social Security,” Leone said.
Though Ryan lost his pension, his legal representation won’t suffer as he continues to receive the free services of star defense lawyer Dan Webb and a team of attorneys at Winston and Strawn.
Warner, his longtime friend who was convicted alongside him, said Wednesday that heavy legal bills were among the reasons he decided not to seek an appeal bond.
He added that he now might seek an appeal bond for himself.
“I’m starting to get encouraged about the appeal,” Warner said. “I was so beaten after the sentencing I would have walked right into jail to get it over with.”
Bertocchi cautioned that Ryan’s victory doesn’t mean the appeal will succeed.
“It is certainly good news for Ryan, but he is not out of the woods,” he said.
The 7th Circuit reverses only a small percentage of the cases it hears, veteran defense attorneys said.
How long Ryan will have to wait before he learns his ultimate fate is unclear.
The appeals court appeared to send a strong message that it won’t let Ryan’s appeal drag on inordinately despite the marathon, six-month trial and its potential issues.
No additional time
In its order, the court noted that Ryan’s lawyers wouldn’t be able to seek delays by asking for additional time to file their legal brief.
As part of the schedule set weeks ago, the defense must file its papers by Dec. 14, little more than two weeks away.
Briefing would be completed by the end of January. That could open the way for the court to hold oral arguments on the appeal by as early as mid-March.
But other recent high-profile criminal cases have taken two years or more to be decided on appeal.
The 7th Circuit upheld former Cicero Town President Betty Loren-Maltese’s fraud conviction in September 2005, more than two years after she filed her appeal in January 2003.
The court took 22 months to decide the appeal of former Chicago police Deputy Supt. William Hanhardt, convicted of heading a jewelry-theft ring.
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