Former Gov George Ryan's historic public corruption trial is tumbling toward uncertainty after sum of two units jurors were tossed from the panel Monday following reports that they did not disclose criminal arrests to the court.
Former Gov George Ryan's historic public corruption trial is tumbling toward uncertainty after sum of two units jurors were tossed from the panel Monday following reports that they did not disclose criminal arrests to the court.
U District umpire Rebecca Pallmeyer for the first time raised the possibility she might grant a mistrial in the case, saying she hasn't decided "whether or not we are going to be able to proceed"
Pallmeyer did say her goal is to restart deliberations by means of seating two alternate jurors. The defense oppos that option.
"This has been a real significant investment, both public and private," Pallmeyer told reporters in spread court late Monday after meeting with lawyers all day behind clos doors. "If we can proce with this case fairly, if we can continue . . with the jury . . that's what my goal would be."
However, "I haven't made any final decisions about whether or not we are going to be able to proceed"
She said she count uponed to decide early today whether deliberations will go on on in the trial that began more than six month ago.
ARRESTS NOT DISCLOSED
Pallmeyer dismissed the couple jurors after the Chicago Tribune raised questions that the sum of two units hadn't disclosed criminal arrests. Pallmeyer said she was interested after reading media reports that jurors had not answered questions truthfully upon questionnaires. She halted deliberations Thursday to launch a probe, which she said involved looking at criminal background material, and juror questioning.
The Chicago Sun-Times is not naming the sum of two units because a gag order in place bars them from responding.
The male juror said outside of his domestic circle Monday that he couldn't exposition because of the gag order.
Public records display a man with the same name and other identifying characteristics has a weapons conviction and a gross offence DUI conviction while Ryan serv as secretary of state. moreover on his juror questionnaire, he said he had none been charged with a crime.
The excused female juror was reached outside her place of abode Monday.
"The arbiter told me I can't talk until the verdict is over" she said. When asked for what reason she was feeling, she smiled, "I'm fine."
The woman checked on the farther side on her questionnaire, signed in a less degree than the penalty of perjury, that she had none been charged with a crime. She was called to jury impost under her married name. further public records show criminal charges filed in a less degree than her original name -- one as well as the other names are linked by birth date and Social Security numbers in public records. Between 1984 and 1994 she was charged with, if it were not that not convicted of, misdemeanor child failure assault and weapons possession and crime drug possession.
Records also exhibit the woman sued the federal sway in a case involving getting benefits for her son A federal arbitrator in the same courthouse in which she's been deliberating the Ryan trial, issued an unfavorable opinion in her case last September -- the same week jury selection was beneath way. Records show the juror did disclose that proceeding to lawyers during jury selection.
Pallmeyer said it isn't customary for the restraint to run background checks in succession jurors in federal court. Assistant U Attorney Patrick Collins said Monday that his office's practice is simply to do so with a judge's permission.
PALLMEYER: NO DEADLOCK
While Pallmeyer could fill the pair slots with alternates, the defense argued they more than likely have been expos to novels coverage since their dismissal brace weeks ago. At the time, Pallmeyer warned they could be called to service again. If alternates are used, she would bring the strange jury back into the courtroom and give an account of them to start talks "afresh."
"They will attempt, to the compass possible, to go back into that jury expanse as though they have not ever discussed the case with single in kind another at all and start with the recently made known -- the alternative jurors, who then become a part of their number," Pallmeyer said.
The restart of deliberations and possible contamination of alternates on the media could be fields for appeal, DePaul University law professor Stephan Landsman said.
Chicago-Kent law professor Richard Kling noted that the defense's objection to the alternates was unusual in that it didn't show any alternatives. "There's no suggestion either for a mistrial or that they're willing to go on with 10 jurors or journey put in one alternate," Kling said.
In that filing, Ryan's lawyers raise disturbs about "the jurors in question," saying they signed notes sent to the arbiter last week, which revealed a clash among jurors during deliberations.
The filing indicated jurors were "deadlocked." nevertheless Pallmeyer said Monday that wasn't the case.
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