From the Chicago Sun Times
Fawell: 'There is politics in every decision'
October 13, 2005
BY ABDON M. PALLASCH Legal Affairs Reporter
The secretary of state's office under George Ryan and Scott Fawell was
no dirtier and no more politicized than any other government office in the country,
Fawell testified Wednesday in Ryan's corruption trial.
Trying to tear down four days of Fawell's detailed testimony about sweetheart
contracts and leases Ryan approved that enriched his pals Harry Klein and co-defendant
Larry Warner, Ryan's attorney Dan Webb asked Fawell if Ryan engaged in politics
any more than President Bush or any elected official in the country.
Fawell agreed it's normal for elected officials to reward supporters.
"I've been involved in politics all my life. It's all politics --
jobs, contracts, it's happening today, it's gonna happen next year," Fawell
testified. "There is politics in every decision in government. Every time
you have an elected official, every decision you have to consider the politics
of everything you do and who's involved and how it's perceived. [Government
and politics are] as mixed as you can get. If you hurt yourself politically,
you won't last long in the business."
'I wanted to keep her out of jail'
For a second day, Webb hammered away at his theme that prosecutors put inordinate
pressure on Fawell to testify against his mentor Ryan. And for a second day,
Fawell choked back tears as he admitted cutting the deal with prosecutors to
testify to keep his fiancee out of jail so she would not be separated from her
children.
"What we were trying to do is put this misery behind us and be together,"
Fawell said. "I wanted to keep her out of jail."
Webb lost a battle to introduce Fawell's quotes from a phone conversation
he had from prison in South Dakota with prosecutor Patrick Collins in which
Fawell said he would "go to his grave knowing" the government put
up witnesses who lied at his trial. Collins and other prosecutors argued Webb
had already gone too far the day before in letting Fawell suggest it was more
than his opinion that witnesses lied at his trial.
Webb argued to U.S. District Judge Rebecca Pallmeyer that the foundation
of his cross-examination was that Fawell believed -- rightly or wrongly -- that
witnesses lied to curry favor with prosecutors at his trial and he had to do
the same at Ryan's. Pallmeyer blocked the "grave" quote.
Webb forged ahead, using maps and charts to question why Fawell was put
on a circuitous route from South Dakota to Oklahoma City to Chicago, and to
Terre Haute, Ind., to Oklahoma City back to South Dakota over 12 weeks before
he agreed to cooperate -- then got direct two-hour flights from South Dakota
to Chicago once he began cooperating.
Prosecutors said they resented the implication they had anything to do
with his travel arrangements, which are handled by the U.S. Marshals Service.
When he got on a bus to head back to South Dakota, he instead found himself
shackled on a bus with "bank robbers and other fine individuals" that
pulled into the maximum-security federal prison at Terre Haute. Just 50 yards
beyond the prison was a minimum-security facility he thought they might bring
him to. Instead, they put him in "The Hole."
"I was sitting in an 8-by-6 cell 24 hours a day," Fawell said.
"I couldn't sleep because everyone was yelling. People were yelling down
to me, wondering what I was doing there."
Out his small window, he could see the "death chamber" that
had held Timothy McVeigh. He figured the trip was designed to "put pressure"
on him to testify against Ryan, he said. He agreed to testify, believing it
will spare Andrea Coutretsis from prison.
Wrote letter to fiancee's judge
"You know that if you did not give information . . . they found helpful
on their case, you knew you weren't going to get a deal from the government,
were you?" Webb asked.
"Yes, that's correct," Fawell said.
"That's certainly one lesson you had learned from your trial that
you told us about yesterday, isn't that correct?" Webb said.
"Yes," Fawell agreed.
"You would do anything you could to help her, is that correct?"
Webb asked.
"Yes," Fawell said.
Asked if he wrote a letter to Coutretsis' judge saying he could not bear
the thought of her being in jail for even one day, Fawell hesitated, his face
turned red, and he croaked a strangled "Yes!"
The judge called a recess as Fawell looked down, removed his glasses and
wiped his face.
Asked if he cut out the wisecracks after his first day on the stand so
prosecutors would not revoke their deal with him, Fawell admitted he did some
"soul-searching."
"I don't want to give anyone in this whole process an excuse to double-cross
me," he said.
Witness' laugh lines cut down, but not gone
Scott Fawell, the government's star witness in the corruption trial of
former Gov. George Ryan, has cut way down on the one-liners he interjected on
his first day of testimony two weeks ago, but he offered a few more Wednesday:
*Referring again to his accommodations at the Metropolitan Correctional
Center, he said, "This is not a lovely place to be."
*He said he took a bus ride to a maximum-security federal prison in Terre
Haute, Ind., with "bank robbers and other fine individuals."
*Asked if his testimony had to be "useful" to the government,
Fawell smiled and said, "Truthful is more the argument I tried to make
for them. They may not like what I'm saying, but...."
*After Fawell's fiancee pleaded guilty to a felony, prison officials would
not let her visit him, saying he was not supposed to have contact with other
felons. He responded, "We're all criminals." He said he never saw
the letter prosecutor Patrick Collins sent the warden asking him to put Andrea
Coutretsis back on the guest list because Fawell was cooperating. "I'm
not usually on their 'CCs,' I don't think," Fawell quipped.
*Asked if he considered himself "politically savvy," Fawell
chuckled and said, "I certainly THOUGHT I was."
*Asked if he toned down his funny-man act from the first day of testimony
to the second day so prosecutors would not revoke the deal to keep his fiancee
out of jail, Fawell said he did some "soul-searching" and decided
to "change his tone." "I certainly saw the beating I took in
the press.... This is all a crap shoot. I hope I get my deal, but I don't know."
HIGHLIGHTS
Prosecutors: Bar quotes from lead witness Scott Fawell saying he "knows"
witnesses lied at his trial.
Defense: Has Fawell tell how prosecutors "pressured" him to testify.
Next up: Fawell's cross-examination continues Monday when the trial resumes.