From the SJ-R:
Fawell describes transfer ordeal
Says prison journey made him 'suspicious' of feds
By MIKE RAMSEY
COPLEY NEWS SERVICE
Published Thursday, October 13, 2005
CHICAGO - Scott Fawell spent 12 weeks being shuffled among federal prisons
last year on his way to a brief court hearing in Chicago.
The convicted racketeer said Wednesday the experience made him "suspicious"
that government authorities were nudging him to turn against his old boss, former
Gov. George Ryan.
Fawell's three-month odyssey came out in detail as the former Ryan aide
- now a key witness for prosecutors in Ryan's corruption trial - was cross-examined
for a second day. Ryan's defense team contends Fawell felt great pressure to cooperate
in hopes of getting leniency for himself and his indicted fiancee in an unrelated
case.
"I'm believing at that time ... it's part of the game. I'm getting
heat, pressure, foot on the throat," Fawell said of his mindset during the
trip. "I can't believe this is normal procedure for moving somebody. So,
yeah, I'm suspicious."
Fawell said he was moved in March 2004 from the Yankton, S.D., work camp
where he's serving a 61/2-year sentence in a dormitory setting so that he could
attend a Chicago arraignment on new federal charges against him.
But he said he remained for two weeks, without explanation, in a cell at
a prisoner travel hub in Oklahoma City, then was sent to a federal jail in the
Loop for the next six weeks. Fawell said he eventually appeared in court for "10
(or) 15 minutes - maybe a half-hour, tops," before he was transported to
a prison in Terre Haute, Ind.
"That was a maximum-security prison that houses some of the most dangerous
criminals in America, is that correct?" Ryan's lead defense attorney, Dan
Webb, asked Fawell. He agreed.
Fawell said he spent a week in solitary confinement in Terre Haute, which
he thought was unusual because of his minimum-security classification as a prisoner.
From a small cell window, he said he could see the chamber where condemned prisoners
are given lethal injections. Another stop at the Oklahoma City lockup rounded
out his journey back to Yankton, he said.
The once-defiant Fawell said he made a statement to prosecutors in June
2004 as part of a deal to participate in their case against Ryan. Fawell was chief
of staff and campaign adviser to Ryan when the Kankakee Republican was secretary
of state in the 1990s.
On his more recent trips to Chicago, Fawell said he has not - in Webb's
words - endured another "12-week merry-go-round."
Away from jurors, Assistant U.S. Attorney Zachary Fardon slammed Webb for
suggesting that Fawell was mistreated in a way that evoked the Abu Ghraib prison
scandal in Iraq. Another prosecutor, Joel Levin, complained that the reference
to the Terre Haute death chamber was inappropriate in a white-collar corruption
case such as the Ryan trial.
U.S. District Judge Rebecca Pallmeyer stressed to jurors that Fawell's travel
in the problematic journey was handled by U.S. marshals, not prosecutors. She
said Fawell's testimony shows his "state of mind" at the time.
Ryan, 71, is accused of allowing a small circle of friends, including lobbyist
Larry Warner of Chicago, to reap lucrative contracts and leases in the secretary
of state's office in exchange for gifts, cash and vacations. Some charges also
stem from Ryan's 1999-2003 term as governor.
Warner, 67, is a co-defendant in the 22-count racketeering case.
Fawell was convicted in March 2003 of diverting Ryan's public employees
for political campaign purposes and vowed at the time he would not turn on his
former mentor. But Fawell said he reconsidered after his subsequent indictment
in a separate bid-rigging case that also snared his fiancee and former assistant,
Andrea Coutretsis.
Fawell and Coutretsis have pleaded guilty in connection with a 2001 scheme
to steer a construction-management contract at Chicago's McCormick Place when
the couple ran operations there. Coutretsis also pleaded guilty to perjury in
another case.
For the second day in a row, Fawell was overcome with emotion and broke
down on the stand as he talked about his fiancee, the divorced mother of two small
children, whom he hopes to keep out of jail. Pallmeyer called a brief recess so
that the 48-year-old witness could compose himself.
Fawell appeared cocky on his first day of testimony Sept. 29, but said he
toned down his manner after realizing he could harm Coutretsis' chances for leniency.
"I don't want to give anyone an excuse to double-cross me," said
Fawell, who also hopes to avoid any new prison time for himself.
Also Wednesday, Fawell said he managed day-to-day operations in the secretary
of state's office while Ryan focused on broader policy issues. He said Ryan helped
his political supporters, but he was not aware of his boss ever taking a bribe
from Warner.
"Did Larry Warner ever tell you he was giving money to George Ryan
for anything?" Webb asked.
"No," Fawell responded.
The prosecution has told jurors that the "flow" of benefits among
Ryan and Warner and others was not blatant or obvious.
Wednesday was Fawell's fifth day on the witness stand, but he spent only
about three hours testifying, in part because defense attorneys and prosecutors
argued about Webb's cross-examination tactics. During a morning debate out of
jurors' earshot, prosecutors complained that Webb appeared to agree with Fawell
on Tuesday as Fawell said witnesses in his own trial committed perjury. Pallmeyer
instructed jurors that Fawell was expressing his opinion.
Court broke up early Wednesday for the Yom Kippur holiday. The Ryan trial,
which began two weeks ago, resumes Monday at U.S. District Court in Chicago. It
is expected to last about four months.