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Battle lines drawn over Ryan's freedom

September 16, 2006

Former Gov. George Ryan should report to prison in January to start serving his 6½-year sentence and not be allowed to remain free on bond while awaiting the outcome of his appeal, federal prosecutors said Friday.

Letting Ryan out on bond while he awaits the outcome of his appeal strains public trust in the judicial system, prosecutors argued in a court filling.

Granting Ryan bond on appeal brings "dangers that are magnified where the defendant is a prominent and (formerly) influential public figure convicted of serious breaches of the public trust," prosecutors wrote.

Defense lawyers have asked that Ryan delay serving his sentence until the appeal is over because they believe juror issues in Ryan's case are likely to overturn the verdict. Prosecutors disagree.

After eight days of deliberation, two jurors were removed from the panel after U.S. District Judge Rebecca Pallmeyer learned they had criminal records they hadn't disclosed. Pallmeyer replaced the jurors with two alternates. The new jury found Ryan and his codefendant Lawrence Warner guilty on all counts, including racketeering, mail fraud and false statement charges. Pallmeyer subsequently threw out two counts against Ryan and one against Warner.

Ryan was sentenced to 6½ years in prison and is due to begin the sentence Jan. 4 unless Pallmeyer grants him freedom on bond pending appeal.

Meanwhile, defense lawyers argued in a brief motion Friday that comments made by two jurors to media should be further basis to throw out Ryan's verdict and order a new trial.

Citing television reports, lawyers say one juror said he and others determined Ryan's guilt before the trial ended. They also point to comments from another juror, Evelyn Ezell, who spoke out repeatedly in reaction to Ryan's sentencing earlier this month.

Ezell "repeatedly told the media that she did not believe the government had proved Ryan guilty beyond a reasonable doubt," Ryan's lawyers said. Ezell was one of two jurors removed from the panel after deliberations began.

In a written ruling last week, Pallmeyer concluded that the defense greatly overstated juror misconduct in deliberations.

nkorecki@suntimes.com