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| NewsWednesday, October 31, 2007 11:47 PM CDT |
Ryan loses bid to stay free, Supreme Court next
CHICAGO — George Ryan went to the nation’s highest court Wednesday with his fast-fading hopes of staying out of a windblown federal prison camp in Duluth, Minn., where inmates mop the floors and clean toilets. The 73-year-old former governor is under orders to report next Wednesday to the camp where former Gov. Dan Walker did time in the 1980s and says he was regularly strip searched by guards even though “it was ... cold.’’ Ryan and co-defendant Larry Warner have been free on bond pending appeal of their April 2006 conviction for millions of dollars in fraud. But the 7th U.S. Circuit Court of Appeals on Wednesday effectively canceled the bonds and said it was time to start serving the sentences. “Although they would undoubtedly like to postpone the day of reckoning as long as they can, they have come to the end of the line as far as this court is concerned,’’ Judge Diane P. Wood said in her five-page opinion. Ryan’s chief defense counsel, former Gov. James R. Thompson, immediately asked Supreme Court Justice John Paul Stevens for a new bond. The petition was addressed to Stevens, a Chicago native, because he is the justice who handles such matters arising in the Chicago appeals court. The petition renewed Ryan’s claims that chaotic jury deliberations made it impossible for either of the two defendants to get a fair trial. “No trial is perfect — to be sure. But perhaps no federal trial has ever been as deeply and fundamentally flawed as this one,’’ they said. Getting a bond from the Supreme Court is a long shot, Thompson admitted. “It hasn’t happened for the last 35 years, I don’t believe, but I’ve never seen a stronger case,’’ Thompson said. He was encouraged by appeals Judge Michael S. Kanne’s dissent, saying that the six-month trial before District Judge Rebecca R. Pallmeyer was “riddled with errors.’’ Even if Stevens refuses to set bond, there is a chance that Ryan will be able to avoid serving time at the federal correctional institution in Duluth, Minn. His attorneys are trying to get him reassigned to Oxford in central Wisconsin where other celebrity defendants from Chicago have served time. Former U.S. Rep. Dan Rostenkowski, D-Ill., who did 17 months there, once joked wryly before a prison reform group about “my Oxford education.’’ But there are tougher places to serve time than Duluth. “He’s not going to be doing hard time,’’ said Lyle Wildes, a convicted drug dealer who spent seven years of a 22-year sentence there. Walker, however, said the 18 months he served for improprieties involving a savings and loan association long after he was governor were a nightmare. “I certainly hope Gov. Ryan doesn’t have the same terrible experiences that I had there,’’ he said in a telephone interview from Baja, Calif., where he retreated after recent wildfires menaced his home. ‘The governor’s stick’ Walker said a kindly warden gave him a job as a clerk in the chapel. But he said the next warden decided to make life tough, forcing him to clean toilets and snare cigarette butts with a nail on the end of a stick. It was known around the prison camp as “the governor’s stick.’’ “He would point to me and tell visitors, ‘That’s how we treat governors,’’’ Walker said. Between the strip searches and other humiliating treatment, Walker said, he thought every day for months of climbing to the top of the camp’s huge water tower “and jumping off into nothingness.’’ Ryan has waited quietly in Kankakee to find out his fate. “We talk two or three times a week’’ by telephone, longtime close friend Arthur “Ron’’ Swanson, a former Republican state senator from Homer Glen, said in a telephone interview. Ryan had a family get-together at his Kankakee home on Sunday and has kept busy with yard work, he said. And Swanson — a one-time paratrooper who jumped into the Philippines with the 11th Airborne Division, the “Airborne Angels,’’ in World War II — said that Ryan is far too tough to break under the pressure he faces. “He’s a bull of a man,’’ said Swanson, who pleaded guilty to lying to a grand jury about lobbying activities in the Ryan era and got probation. The judge cited his advanced age, health and war record as the reasons. Ryan’s critics say his situation is his own fault. They say his decision to declare a moratorium on the death penalty in Illinois and commute the sentences of those on death row was bogus, a stunt to win the hearts of jurors opposed to capital punishment. “He’s going to be remembered as a corrupt old pol,’’ said attorney Joseph A. Power Jr., who represented the Rev. Scott Willis and his wife, Janet. Six of their children burned to death in an expressway disaster involving an unqualified truck driver believed to have bought his license. Prosecutors have traced $170,000 in bribe money paid for licenses when Ryan was secretary of state to the Citizens for Ryan campaign fund. But some of Ryan’s supporters who admire his leadership in the fight against capital punishment say the law has been too tough on him. “You can imagine how excruciating the situation must be for him and his wife but he doesn’t show it,’’ said Rob Warden, director of the Center on Wrongful Convictions at Northwestern University’s law school. He scoffed at the notion that Ryan was insincere in his actions on the death penalty. “He believes it from the bottom of his heart,’’ Warden said. He also said Ryan’s sentence should have been much shorter and that sending a 73-year-old man away for a 6 1/2-year sentence was unfair and cruel. “What is to be gained by this?’’ Warden asked. “I just don’t see the point. It’s tragic.’’ |
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