Without save, ex-Gov. Ryan to prison Nov. 7
The federal appellate court closed its doors at 5 p.m. Friday with no decision rendered on whether Gov. George Ryan gets to stay out of prison while appealing his conviction to the U.S. Supreme Court.
Unless the judges issue a rare weekend opinion, that means Ryan will have to wait until next week to find out if his luck holds up for a third deferment of his report-to-prison date since his conviction on corruption charges a year and a half ago.
(Sun-Times file)
Ryan faces 6½ years in prison on charges he used his office to enrich his friends and family with state contracts and other perks.
Earlier Friday, one of Ryan's lawyers, Timothy Rooney, prosecutor Joel Levin and Ed Genson, attorney for Ryan co-defendant Larry Warner, appeared in court to agree on a date for Ryan and Warner to surrender themselves if their bail finally runs out.
On Wednesday, Nov. 7, Warner will have to present himself to the federal prison in Littleton, Colo., and Ryan will have to drive himself to the federal prison in Duluth, Minn., or Oxford Wis., wherever the Bureau of Prisons ultimately decides he must go -- unless the appellate court grants their motion to extend bail.
U.S. District Judge Rebecca Pallmeyer approved the date in a very brief hearing.
Ryan and Warner have defied the odds so far. It's rare the appellate court grants bail to defendants during an appeal and rarer still to extend that bail when the defendants seek a rehearing before its full court. Ryan's lawyers persuaded the judges both times and are hoping to pull off a third against-the-odds win, based on their arguments that these are serious constitutional issues that will interest the Supreme Court.
Last time, the court decided the same day to extend Ryan's bail, but this time Ryan's lawyers filed their paperwork just two hours before closing time.
Six judges ruled Thursday not to grant Ryan a re-hearing of his case. Three judges led by well-known appellate justice Richard A. Posner dissented, saying they thought there were enough problems with jury deliberations and with the length of the trial -- an issue not raised by Ryan's lawyers -- to justify a new trial.