• Archive for January, 2009

    2006 bank robbery case closed

    Monday, January 26th, 2009

    GALESBURG — A man shot and killed by Bloomington police earlier this month is the man believed to have robbed a Galesburg bank in 2006.

    Robert Sylvester

    Robert Sylvester

    Robert E. Sylvester, 57, of Bloomington died of multiple gunshot wounds to the head and lower extremities Jan. 5 at BroMenn Regional Medical Center in Normal. He was shot by Bloomington police on Interstate 55 after leading a chase.

    Sylvester was suspected in the robbery of a Check ’n Go in Bloomington, along with five other robberies in December.

    Around 3 p.m. Oct. 4, 2006, Galesburg police say a white male entered the front doors of First Financial Plaza at 1865 N. Henderson St., then entered the Associated Bank and handed a teller a note demanding money. They said he did not display a weapon and did not imply he had one.

    After receiving an estimated $5,000, the suspect exited the bank and left the plaza via the east-facing rear doors. He left in a white SUV, according to reports.

    Bank surveillance photos were circulated to the media at the time of the robbery.

    Following the incident, police received several leads, but no suspect was ever caught.

    Not until, that is, Sylvester’s photograph surfaced in local newspapers following his death.
    According to a police report, people recognized Sylvester as possibly the Associated Bank robber in photos of him exiting a dark-colored SUV taken by a photographer from The Pantagraph.

    “We looked at photos after the Bloomington shooting (and) did some work with them on the computer,” said Lt. Rodney Riggs of the Galesburg Police Department. “We consider him the suspect that did the bank robbery at that time.”

    The Galesburg Police Department contacted Bloomington police, who provided them with an old booking photo of Sylvester. Transparency overlays using the old booking photos, along with still shots from the 2006 Galesburg robbery, showed a match.

    Sylvester had been an ironworker with Iron Workers International Local 112, based in East Peoria, since 2003 and was a member with a different chapter in Chicago since 2000.

    Sylvester’s criminal history stretches back to 1996 in McLean County. He was arrested for a DUI that year and faced several separate traffic charges in the dozen years since then.

    He also was convicted of misdemeanor and felony domestic battery and was still on probation the day he died for a 2007 felony case that included charges of unlawful use of a weapon by a felon and aggravated battery.

    In April 2008, he was sentenced as part of a plea deal in that case to 39 days of periodic imprisonment, 12 months of intensive probation, 18 months of probation, 130 hours of public service and 150 days in jail, which was stayed pending his compliance with probation.

    “Sometimes, you have a picture, but it’s not easy to match that picture to a person,” Riggs said, as was the case with the original surveillance photos. “Sometimes, those things shake loose.
    Myself, looking at it and what they did with it (the photo), I would say it was him. It’s a pretty good match.”

    Galesburg police now consider the Associated Bank case closed.

    Enron’s Skilling to be resentenced

    Monday, January 26th, 2009

    Enron’s Skilling to be resentenced

    Shorter sentence possible for jailed Enron CEO, as U.S. court says lower court made error in applying sentencing guidelines.

    HOUSTON (Reuters) — A U.S. court upheld Tuesday the convictions of former Enron Corp President and Chief Executive Jeffrey Skilling related to his role in the collapse of the energy trading company, but said he must be resentenced.

    The ruling, handed down by the U.S. Court of Appeals for the Fifth Circuit in New Orleans, said the lower court erred when applying federal sentencing guidelines, so the executive could now receive a shorter sentence.

    Skilling who was convicted along with former Chairman Kenneth Lay in May 2006 on conspiracy and fraud changes, is serving a 24-year term at a minimum security prison in Colorado. His lawyers could not immediately be reached for comment.

    Lawyers for Skilling had argued in lengthy appeals that all 19 of the counts against the executive should have been tossed out because government prosecutors had used a flawed legal theory to win the case.

    But the panel of judges wrote that Skilling’s appeal “failed to demonstrate the government’s case rested on an incorrect theory of law or that any reversible errors infected his trial.”

    Prior to filing bankruptcy in December 2001, Enron rose to become the seventh-largest U.S. corporation.

    But the Houston energy trading company’s fortunes unraveled after it was revealed that Enron had used off-the-books deals to hide billions of dollars in debts.

    Lay died of a heart attack in July 2006. His convictions were thrown out because he died before his appeals were exhausted. To top of page

    Girlfriend of Bayou Fugitive Samuel Israel Is Arrested

    Monday, January 26th, 2009

    Girlfriend of Bayou Fugitive Samuel Israel Is Arrested

    By CHAD BRAY

    The girlfriend of fugitive former hedge-fund executive Samuel Israel III was arrested late Thursday and charged with helping him flee authorities shortly before he was to begin serving a 20-year prison term.

    Authorities claim Debra Ryan, Mr. Israel’s longtime live-in girlfriend, helped him when he packed up and parked a recreational vehicle at a highway rest area for use later in his flight from authorities last week.

    She has been charged with a single count of aiding and abetting Mr. Israel, the former chief executive of Bayou Management LLC. She was released on a $75,000 bond late Thursday after a hearing before a U.S. magistrate judge in White Plains, N.Y. She faces a maximum of 10 years on the charges.

    On June 9, Mr. Israel’s sport-utility vehicle was found abandoned on a bridge in Westchester County with the words “suicide is painless” scrawled in the dust on the hood — about 90 minutes before he was to report to prison in Massachusetts.

    According to court documents, Ms. Ryan admitted to the U.S. Marshals Service that she helped Mr. Israel, of Armonk, N.Y., load his belongings into a recreational vehicle and attach a motor scooter to it in the days before he was to report to prison.

    Ms. Ryan also admitted that Mr. Israel, 48 years old, woke her up early on the morning of June 9 and asked her to follow him in her own car to drop off the RV at a rest area off Interstate 684 near the intersection of Interstate 84 in New York State, according to court documents. Ms. Ryan said she drove Mr. Israel back to their home afterward. He then left alone in his SUV later in the day and disappeared, according to court filings. Authorities believe Mr. Israel may be staying at RV parks, campgrounds or highway rest stops.

    Write to Chad Bray at chad.bray@dowjones.com

    Review of LAPD fingerprint unit sought

    Monday, January 26th, 2009

    Review of LAPD fingerprint unit sought

    Officials say errors led to false arrests; 1 fired, 3 suspended

    LOS ANGELES - The head of the Los Angeles Police Commission said he asked for a review of policies and procedures at the city Police Department’s fingerprint analysis unit after it was revealed that workers there had made erroneous identifications.

    Commission President Anthony Pacheco said Friday that he was highly concerned after learning police have arrested at least two innocent people because of faulty fingerprint analysis.

    A confidential police report detailed two cases in which charges were dropped after problems with the fingerprint analysis were discovered, the Los Angeles Times reported late Thursday. Police blame shoddy work and poor oversight for the mistakes.

    “This is very, very serious,” said Rhonda Sims-Lewis, chief of the Police Department’s administrative and technical bureau. “We feel very compelled to take quick action when something like this arises. Guilty people can be set free and innocent people can be jailed.”

    One fingerprint analyst, who was involved in both the mishandled cases, was fired and three others were suspended last year after internal investigations, Sims-Lewis said. Two supervisors in the department’s latent print unit were replaced.

    “This is something of extraordinary concern,” said Michael Judge, public defender for Los Angeles County. “Juries tend to afford the highest level of confidence to fingerprint evidence. This is the type of thing that easily could lead to innocent people being convicted.”

    The report details the case of a pregnant hospital technician who was charged with breaking into a store in February 2006 because of an erroneous fingerprint identification. The department said prints in that case were lost and could not be re-examined. The charge was dropped.

    In another case, a man was extradited from Alabama to face burglary charges after an analyst matched his prints to those found at the scene. Two reviewers missed the mistake before a third caught it while preparing to testify at the trial.

    The department has 78 forensic print specialists who run prints from a crime scene through automated databases to analyze possible matches. Two other analysts check each match for accuracy.

    ‘Rubber stamping’
    Department officials described a poorly run operation in which records and evidence were lost or misplaced.

    “People were reviewing the work of friends and just rubber stamping it without really reviewing it,” said Yvette Sanchez-Owens, commanding officer of the department’s scientific investigation division.

    Critics said the internal report challenges a belief that forensic matches are reliable.

    Jack Weiss, chairman of the City Council’s public safety committee, said there was “nothing more basic and more bread and butter than fingerprints. You have to be able to take each one of them to the bank.” He said he will hold hearings on the issue and call fingerprint lab employees to testify.

    “We want to know the extent of it and whether it affects any other cases. We want to know how far back it goes,” he said.

    Police officials had initially planned to hire an outside expert last year to review the fingerprints unit but could not get the $325,000 to $450,000 to fund the effort.

    Sim-Lewis said she believes no innocent people have been convicted of crimes due to fingerprint mistakes by her department, but she acknowledged there was no way to be sure without a full review.

    “We still want outside eyes to come in and make sure we’re doing things right,” she said.

    Sandi Gibbons, a spokeswoman for district attorney’s office, said her office was investigating how prosecutors could better guard against faulty evidence.

    Time Off For Bad Behavior

    Monday, January 26th, 2009

    Time Off For Bad Behavior

    Kai Falkenberg, 12.25.08, 05:00 PM EST
    Forbes Magazine dated January 12, 2009

    White-collar crooks in the U.S. use rehab to shorten their jail time.

    Sam Waksal

    Sam Waksal


    Ex-ImClone boss Sam Waksal found the key to getting into a prison rehab program.

    Feb. 9 will be a big day for Samuel Waksal, the former chief executive officer of biotech firm ImClone (nasdaq: IMCL - news - people ). That day he’ll be released from federal custody after serving five years, six months, two weeks for insider trading. This is nine months less than his original sentence. Why the shorter time? He was rewarded for participating in a prison rehab program for substance abusers.

    Except he’s not a substance abuser–or at least he wasn’t until a few months before his sentencing. Waksal told a probation officer during his presentence interview that he was just a “social drinker” and drank “about five glasses of wine per week.” At his plea hearing Waksal advised the judge under oath that he’d never been treated for drug or alcohol addiction. But a month later Waksal’s lawyers told the feds he had recently developed a “dependence on alcohol” and would benefit from treatment for his newly acquired addiction. How convenient, given that the rehab program is the main way white-collar offenders get time off their sentences. Waksal declined comment on grounds it was a private matter.
    Waksal is one of many white-collar inmates who have discovered the great joys of the U.S. Bureau of Prisons’ Residential Drug Abuse Program. Treatment for federal inmates who abuse drugs (that word defined to include ethyl alcohol) has been around since 1919. But inmates weren’t clamoring for rehab programs until Congress passed a law in 1994 offering up to 12 months off a sentence for nonviolent offenders who complete a counseling program. That year only 3,755 inmates were in the rehab program. In 2008 there were 18,000 prisoners in it, with a wait list topping 7,000.

    For offenders with lengthy sentences, 12 months may not matter greatly. But for white-collar criminals like class action lawyer William Lerach, serving time in a kickback scheme, it can halve a sentence. Unfortunately for Lerach, in June a judge denied his request for the program, ruling that he didn’t appear to have an alcohol problem requiring intensive treatment.

    The drug abuse program is so attractive it has cultivated a cottage industry of consultants who advise convicts and their lawyers on how to get in. Among them is Larry J. Levine, who started American Prison Consultants after serving nine years for drug-related charges. Levine’s Web site boasts that by taking advantage of “obscure” prison policies he can help prospective prisoners “receive extra time off their sentence even with no evidence of drug or alcohol abuse in their [presentence] report.” For a fee of up to $5,000 Levine advises clients how to get into the program and how to maximize the resulting sentence reduction. For example, he suggests that clients show up drunk on the day they surrender so that they get interviewed about their substance abuse problem right away. “BOP is looking for reasons to put people into the program,” he says.

    Alan Ellis, a San Francisco attorney who specializes in postconviction issues, says at most half of those seeking advice on how to get into the nifty sentence-cutting program have genuine substance abuse problems. Another consultant, Gareth Lasky, who used to be coordinator of the treatment program for the federal prison in Sheridan, Oregon, says he once had to talk an offender out of having his mother, who worked in a doctor’s office, swipe letterhead for phony treatment notes. Ellis and Lasky say they don’t help candidates game the system.

    Former Atlanta mayor Bill C. Campbell was convicted of tax evasion in March 2006 and received a 30-month sentence. He told a probation officer he doesn’t like the taste of alcohol and drinks only when giving a toast. Campbell’s lawyer even argued to the judge at sentencing that imprisonment wasn’t necessary because Campbell had “no health or substance abuse problems” and thus was “not in need of the already thinly spread services offered by the correctional system.”
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    Nonetheless, Campbell applied to the program, claiming to be a longtime alcoholic. He got notes from two doctors who purportedly treated him for alcohol abuse. Curiously, one was a cardiologist and the other an anesthesiologist. The anesthesiologist, a college classmate of Campbell’s, submitted a handwritten note saying that he had observed the mayor drinking at a dinner hosted at the doctor’s home. The regional coordinator found the letter “disturbing” and deemed Campbell ineligible for the program. He was overruled by national program coordinator Beth A. Weinman, who said that Campbell met the criteria for admission.

    Campbell was already in a halfway house on his way to being released four months early when the feds discovered his lie and had him sent back to prison.

    To be eligible for the treatment program an inmate must have a documented drug abuse problem. The Bureau of Prisons says it has rigid eligibility criteria designed to keep out fakers. But many criminal defense lawyers, like Gerald Lefcourt, complain that the bureau’s wide discretion on what constitutes substance abuse leads to arbitrary decisions.

    During the trial of Enron’s Jeffrey Skilling, former Enron treasurer Ben F. Glisan Jr. joked from the witness stand about getting early release for a rehab stint despite being only a “social drinker.” Mocking Glisan’s two-drink-a-night dependency, Skilling’s attorney snickered, “If you got a drinking problem, then I’m in serious trouble.” To which Glisan rejoined, “Well, you’ll get a year off.” In his 2007 memoir, Cooked, drug-dealer-turned-celebrity-chef Jeff Henderson admits to scheming his way into the program. Henderson writes that he got admitted to the program in Sheridan even though he “never used drugs and hadn’t even been around any since [he] stopped selling them.”

    Some judges may tolerate overstretched abuse claims as a means to lessen unduly harsh sentences required under sentencing guidelines. Says former New York federal district judge John Martin: “A lot of judges feel, if a person is sentenced too long anyway, why not help him get any relief possible to get out earlier.”

    There is some good that comes of the treatment program. It’s no joke. It’s an intense 500 hours of cognitive behavioral treatment over a nine-month period, during which participants are housed in a dormlike unit set apart from the general population. The Bureau of Prisons cites a 2000 study finding that male inmates who participate are 16% less likely to commit another crime and 15% less likely to relapse to drug use. The 2009 Criminal Justice Transition Coalition, a group of organizations advocating criminal justice reform, is asking President-elect Barack Obama to expand the program to yet more inmates. Even Sam Waksal might drink to that.

    Court Poses Test for U.S. on Arrests of Foreigners

    Monday, January 26th, 2009

    Court Poses Test for U.S. on Arrests of Foreigners

    By JESS BRAVIN

    A United Nations court handed the incoming Obama administration a diplomatic challenge when it reiterated its 2004 ruling that the U.S. must provide new hearings for nearly 50 Mexicans sent to American death rows without receiving consular access.

    The International Court of Justice Monday unanimously found that the U.S. had violated the Hague tribunal’s July order to stay the execution of José Medellín, a Mexican convicted in Texas of murder. The court had called for additional judicial hearings to be held to weigh whether he was entitled to a new trial or other relief because local police failed to provide him consular access after arrest, as required by a 1963 treaty.

    Texas authorities, asserting they weren’t bound by the world-court opinion, executed Mr. Medellín in August.

    The ruling highlights a perennial irritant between Washington and foreign governments that President-elect Barack Obama will have to address after taking office Tuesday: the spotty compliance by U.S. state and local authorities with the Vienna Convention on Consular Relations, which provides that arrested aliens have access to diplomats from their home country and which the U.S. ratified in 1969.

    The U.S. insists that foreign countries afford Vienna Convention privileges to Americans in trouble overseas. But both the Clinton and Bush administrations had argued that they were powerless to force states to comply with the treaty, when it came to the latter’s handling of foreign nationals. Under an annex to the treaty, the U.S. agreed to let the world court resolve disputes over the interpretation of the Vienna Convention.

    The International Court of Justice, the U.N.’s principal judicial body, hears disputes between governments. Its decisions can be enforced only by a vote of the Security Council, however, where the U.S. holds a veto.

    The controversy “makes the U.S. look like it’s putting itself above the law,” said Diana Shelton, an international law professor at George Washington University. “And it’s also putting U.S. nationals at risk” when they travel abroad, she said, because foreign governments can cite U.S. noncompliance should they deny consular access to Americans.

    Spokesmen for Mr. Obama couldn’t be reached for comment.

    Frustrated by their nationals being jailed without consular access, foreign governments have increasingly turned to The Hague to pressure Washington to comply. After Paraguay and Germany won world-court cases against the U.S., Mexico in 2003 asked the Hague tribunal to find the U.S. in breach and vacate the death sentences of dozens of Mexican nationals in several states.

    In a 2004 opinion, the court stopped short of Mexico’s request but directed the U.S. to conduct additional judicial hearings to see whether the inmates were entitled to new trials or other relief.

    The decision sparked a battle early in President George W. Bush’s second term between hard-liners who considered international law largely irrelevant and moderates concerned that perceptions that the Bush administration was ignoring Washington’s international obligations would undercut U.S. diplomacy.

    Mr. Bush accepted Secretary of State Condoleezza Rice’s advice to direct states to comply with the world-court opinion. But at then-Attorney General Alberto Gonzales’s urging, Mr. Bush overruled State Department officials and withdrew from the treaty annex giving the world court jurisdiction over Vienna Convention disputes, a person familiar with the discussions said. That prevented future cases from reaching The Hague.

    Oklahoma’s governor, noting the diplomatic implications, in 2004 complied with the world-court ruling by commuting an affected inmate’s death sentence to life without parole. But Texas argued that neither the world court nor the president could override the decisions of its state courts. Mr. Bush, on the advice of Ms. Rice, attempted to comply with the world court’s decision by seeking to spare Mr. Medellín from his home state’s death chamber.

    In March, the U.S. Supreme Court ruled that Mr. Bush lacked authority to intervene in state criminal proceedings. The 6-3 decision acknowledged Washington’s Vienna Convention obligations, but said the convention, like certain other treaties, isn’t enforceable in American courts without additional legislation by Congress. The justices rejected the Bush administration’s argument that the president, as part of his foreign-policy responsibilities, could force states to set aside rulings of their state courts. In an election year, lawmakers showed little enthusiasm for legislation that at the behest of a U.N. court would spare the lives of aliens convicted of murder.

    In its Monday ruling, the world court noted that the Bush administration had taken efforts to comply with the ruling, albeit unsuccessfully. John Bellinger, the departing administration’s chief State Department lawyer, attended the Monday session at the world court.

    “It’s underappreciated in the international community and among those who believe this [Bush] administration is not committed to international law, just how hard we worked to comply with the ICJ’s ruling,” Mr. Bellinger said. With the issue unresolved, “it will be an early international law challenge for the new administration to comply with our obligation.”

    Donald Donovan, a New York attorney who represents Mexico in the case, said, “We are confident that President-elect Obama’s administration and the new Congress will act together to reassure the world of our nation’s commitment to the rule of law. We now have a tremendous opportunity to demonstrate to the international community that the United States keeps its word.”

    Write to Jess Bravin at jess.bravin@wsj.com

    Bush commutes US border guards’ sentences

    Monday, January 26th, 2009

    Bush commutes US border guards’ sentences

    WASHINGTON (AFP) — Hours before his term ends, US President George W. Bush on Monday commuted the sentences of two former US border guards facing more than 10 years in prison for shooting a Mexican drug smuggler.

    The incident and the subsequent trial of the agents, Jose Alonso Compean and Ignacio Ramos, had sparked a fierce debate about undocumented immigration, with many of Bush’s fellow conservatives up in arms at their conviction.

    The commutations for the two agents from Bush’s home state of Texas is expected to be the final act of clemency Bush performs, leaving high-profile convicts such as Israeli spy Jonathan Pollard in jail.

    “No further announcements are expected,” said a White House official who asked not to be named.

    The two agents were convicted of assault and violating the civil rights of Osvaldo Aldrete Davila, who pressed charges against them after he was shot while attempting to smuggle a van filled with about 700 pounds (300 kilograms) of marijuana into Texas near El Paso.

    Davila, who said he was unarmed, was shot in the buttocks after he abandoned the truck and fled back across the border to Mexico.

    The two agents did not report the shooting to their superiors and picked up their shell casings to cover up the incident.

    Prosecutors said the agents “crossed the line” and broke the law by firing on an unarmed and fleeing suspect.

    Bush believes “these two men received a fair trial and it was a just verdict,” the White House official said.

    However, the president and “many others who looked at this case” were concerned with the length of the sentence and the fact that the men must remain in isolation for all but 30 minutes a day for their own protection, the official said.

    The official noted a broad degree of support for clemency among both Republicans and Democrats, including incoming White House chief of staff Rahm Emanel.

    The actions mean Compean, who faced 12 years in prison, and Ramos, who faced 11 years in prison, will see their sentences in the February 17, 2005 incident expire March 20, 2009.

    Both men will still face three years of supervised release and a 2,000-dollar fine.

    Bush issued 171 pardons and commuted nine sentences in his eight years in office.

    Former president Bill Clinton issued 396 pardons and commuted 51 sentences in his two terms in office.

    Bush’s father, George H. W. Bush, issued 74 pardons and commuted three sentences in his four years in office.

    Idaho Falls Man Accused of Ponzi Scheme

    Monday, January 26th, 2009

    Idaho Falls Man Accused of Ponzi Scheme

    IDAHO FALLS - An article released Saturday by the Wall Street Journal stated investigators have begun looking into a Ponzi scheme discovered in Idaho Falls. A Ponzi scheme is where money is raised from new investors to pay off earlier investors. The article said its costing investors as much as $100,000,000 dollars.

    According to the article, Daren Palmer, an Idaho Falls business man, is being investigated after the Idaho Department of Finance met with around 30 investors in the area who say he’s taken their money.

    Palmer has a home which is still being built in the Canterbury Park neighborhood in Idaho Falls. Builders have stopped building the home until they receive payment.

    Investors with Palmer and the company Trigon Group, Inc., have filed a $500,000 lawsuit over a disputed real estate deal.

    There are a lot of people who have been affected by this scheme and we’re sure a lot more will begin to unravel in the coming days.

    Impeachment trial to proceed without Ill. governor

    Monday, January 26th, 2009

    Impeachment trial to proceed without Ill. governor

    By CHRISTOPHER WILLS

    SPRINGFIELD, Ill. (AP) — If there’s such a thing as a “normal” impeachment trial, the one that starts Monday in Illinois doesn’t qualify.

    The defendant, Gov. Rod Blagojevich, won’t participate. He’ll be talking to Whoopi Goldberg and Larry King instead of facing the state Senate. And while the Democrat acknowledges his conviction is certain, he refuses to resign.

    Blagojevich (pronounced blah-GOY’-uh-vich) complains that the trial rules are unfair, but he and his lawyers didn’t try to influence the rules as they were written or afterward.

    After weeks of near-silence, Blagojevich has begun an energetic public relations campaign, comparing himself to the hero of a Frank Capra movie and a cowboy being lynched for a crime he didn’t commit.

    He told NBC’s “Today” that when he was arrested on federal corruption charges, he took solace from thinking of other jailed leaders — Nelson Mandela, Martin Luther King and Mahatma Gandhi.

    He also said his 5-year-old daughter, Annie, has asked whether he’ll still be governor on her birthday in April.

    “If I were a betting man, I’d say I probably won’t be,” Blagojevich said, according to a transcript released Sunday. “I think the fix is in and … they’ve decided essentially to do a hanging without even a fair trial.”

    The full “Today” interview will air Monday, the same day the impeachment trial starts and Blagojevich is scheduled to appear on “Good Morning, America,” “The View” and “Larry King Live.”

    Sen. Dick Durbin, D-Ill., said Sunday that Blagojevich should be defending himself at the trial because the extra media attention won’t impress the state senators who will be judging him.

    “Barbara Walters is not on his jury,” Durbin said, referring to “View” co-host.

    Legal experts see little benefit to Blagojevich from boycotting the trial while refusing to resign. The decision means he’ll still be leaving office soon, but only after proceedings guaranteed to put him in a bad light.

    Senators, and thus the public, will hear details of the criminal charges against Blagojevich. They’re likely to hear recordings that allegedly reveal the governor talking about signing legislation in exchange for campaign contributions. And in addition to simply removing Blagojevich, the Senate could vote to bar him from ever again holding public office in Illinois.

    “This man mystifies me,” said Ann Lousin, a professor at Chicago’s John Marshall Law School.

    The governor’s decision to cling to office also surprises Dean Pagani, former chief of staff to Connecticut Gov. John Rowland, who resigned in 2004 rather than be impeached.

    The stain of being convicted and removed from office would be far greater for Blagojevich than the stain of resigning, Pagani said. A resignation would allow Blagojevich to claim he stepped aside for the good of the state, not because he was judged unfit to hold office.

    “It’s unfortunate for the state,” Pagani said. “Whether you like it or not, when a governor is in this kind of situation, everything grinds to a halt. There’s only one issue the capitol building can deal with, and that’s impeachment.”

    Resignation might even help Blagojevich with jurors in any future criminal trial, said one expert.

    “If I were his lawyer, I would say, ‘Why don’t you make yourself a little less offensive to people? Why not make yourself a little more sympathetic?’” said Leonard Cavise, a law professor at DePaul University.

    Yet Blagojevich says that’s not an option.

    “I’m not going to resign, of course not,” he told The Associated Press. “I’ve done absolutely nothing wrong.”

    Whatever the Senate decides, the criminal case against Blagojevich, 52, won’t be affected.

    With Blagojevich refusing to mount a defense, the impeachment trial could wrap up within days, ending a bizarre political and legal spectacle that began Dec. 9 with Blagojevich’s arrest by FBI agents.

    He was accused of scheming to benefit from his power to name President Barack Obama’s replacement in the U.S. Senate. Federal prosecutors also said their wiretaps caught Blagojevich threatening to withhold money for children’s health care unless he got campaign donations from a hospital executive and offering to trade state aid to the Tribune Co. in exchange for the Chicago Tribune firing unfriendly editorial writers.

    His arrest was the final straw for lawmakers, who had spent six years butting heads with Blagojevich. The House quickly voted 114-1 for impeaching the governor. That sent the case to the Senate, where it would take a two-thirds majority to convict Blagojevich and throw him out of office.

    Lt. Gov. Patrick Quinn would replace him, becoming Illinois’ 41st governor.

    Former State Senate Leader Indicted

    Monday, January 26th, 2009

    Former State Senate Leader Indicted

    WTVH-TV
    updated 8:52 p.m. ET, Sat., Jan. 24, 2009

    He was once one of the most powerful men in New York state politics. Now he’s facing a federal indictment on public corruption charges.

    ALBANY, N.Y. (AP) - He was once one of the most powerful men in New York state politics. Now he’s facing a federal indictment on public corruption charges.

    An eight-count indictment by the U.S. Attorney’s Office says Joseph Bruno used his position as state Senate majority leader to defraud the people of New York from 1993 through at least 2006.

    A spokesman for the 79-year-old Republican from Rensselaer County says Bruno will comment after court proceedings taking place this afternoon in Albany.

    Bruno retired from the Legislature in July after more than 30 years of serving his Albany-area district. He stepped aside amid a three-year federal investigation into his business dealings while insisting he did nothing wrong.

    While Senate majority leader, Bruno was one of the three most powerful politicians in Albany, along with Assembly speaker and the governor. Together, they hashed out state budgets and determined where the money — and jobs — would go in New York.