Ryan dodges jail -- for now

Development raises his hopes for reversal

After a year filled with defeats, George Ryan has won a round.

An unusual 7th Circuit Court of Appeals ruling that lets Ryan stay free on bond during the appeals process signals the court has serious questions with the former governor's conviction, experts say.

But they also cautioned Ryan's victory could be short-lived because overturning the conviction is a different matter.

A three-judge appellate panel reversed U.S. District Judge Rebecca Pallmeyer on the bond issue only. But to do that, the panel had to ask whether there were substantial questions with Ryan's conviction that are likely to result in reversal, a new trial or no prison, defense lawyer and former prosecutor Michael Monico said.

"I think that you can read into it that there are many issues of significance that the 7th Circuit will consider and may decide in favor of the governor," Monico said.

Those questions likely have to do with juror issues that Ryan's lawyers argue are so serious, his conviction should be overturned.

Ryan's lawyer Dan Webb said Wednesday that Ryan, 72, was "grateful" for the bond ruling.

But Northwestern Law Professor Ronald Allen cautioned not to view the ruling as a prediction of the appeal's success.

"I don't think you can draw any inferences from this," Allen said. "The [appeals court] doesn't have any information. They don't even have the first set of briefs."

Ryan was sentenced to 6½ years in prison after a jury in April convicted him and his co-defendant, Lawrence Warner, in a scheme to steer contracts and leases to pals such as Warner.

The appellate court put the appeal on a fast track, with all briefs due by the end of January. Typically, it could take up to a year just to brief a complex case such as Ryan's six-month trial, observers say. Ryan's entire appeal, filed Sept. 20, could be resolved within months of his original Jan. 4 reporting date. If the conviction is upheld, Ryan will have to report to prison right away.

Pallmeyer denied Ryan's request to be free pending appeal after saying the defense "overstated" juror misconduct.

"It's extremely rare for the court to grant bond pending appeal," DePaul Law Professor Bruce Ottley said. "The fact that they did it in this case I think telegraphs that he may have a good case on appeal."

It doesn't necessarily point to a reversal, though, former prosecutor and defense lawyer Dean Polales said.

"It shows the 7th Circuit is taking it seriously," Polales said. However: "It is my experience that more often than not, there is not a reversal."

Ryan's case is unusual because of the juror conduct questions. After deliberations started, two jurors were kicked off for failing to disclose criminal backgrounds on their questionnaires. Two new jurors were put in and deliberations started over. Before that, the backgrounds and conduct of remaining jurors came into question. Pallmeyer made judgment calls after holding hearings to see if inaccuracies on questionnaires were accidental.

"The appeals court can review questions of law from scratch," Polales said. But as for jurors: "They cannot second-guess [Pallmeyer's] credibility determinations."

The order allowing Ryan free on bond pending appeal was issued by Chief Judge Frank H. Easterbrook and Judge Terence Evans and Diane Sykes. A different panel could hear the appeals case.

The U.S. attorney's office did not comment, but prosecutors have said they're confident the convictions will stand.

nkorecki@suntimes.com