From the Sun-Times:
Prosecutors want jury to hear of Willis crash
October 19, 2005
BY NATASHA KORECKI Federal Courts Reporter
Jurors in former Gov. George Ryan's corruption trial should hear about a
probe into a nightmarish truck crash that killed six children, federal prosecutors
argued Tuesday, saying defense attorneys' questioning of a witness blew open the
door to that and other areas.
One defense attorney promised he'd ask for a mistrial if testimony about
the crash were let in.
Assistant U.S. Attorney Patrick Collins argued to U.S. District Judge Rebecca
Pallmeyer that defense attorney Dan Webb's questioning of Scott Fawell, which
entered its fourth day Tuesday, stepped into areas that should give the government
broader scope on redirect.
"We believe now the door has been swung wide open," Collins said.
Collins said he will file a formal motion today asking to bring up issues
Pallmeyer said should stay out: the licenses-for-bribes probe, allegations Ryan
gave lawmakers jobs to boost their pensions and that Ryan tried carving out a
nest egg from his campaign fund.
'Absolutely critical evidence'
Most controversial was Collins' contention the jury should hear that an
investigator was told to drop a probe into the Willis family crash, a tragic highway
accident in 1994 in which a piece of a semitrailer fell off a truck, struck the
Willis family's minivan and killed all six children. The parents, the Rev. Scott
and Janet Willis, survived. It was later discovered that the semitrailer driver,
Ricardo Guzman, got his commercial license illegally. The crash has dogged Ryan
ever since.
Collins said jurors should hear that Ryan's Inspector General Dean Bauer
allegedly told Secretary of State Inspector Russell Sonneveld to stop the Guzman
investigation.
"It will be Mr. Sonneveld's testimony . . . that he was shut down from
doing any further work by Mr. Bauer with respect to the Guzman incident,"
Collins said. "We believe that's absolutely critical evidence for this jury
to hear given the way that Mr. Fawell and Mr. Webb portrayed Mr. Sonneveld's conduct."
'If they do it, I want a mistrial"
Defense teams for Ryan and his co-defendant, Lawrence Warner, vehemently
oppose any reference to the Willis family crash at trial, saying it would be hugely
prejudicial and had nothing to do with the racketeering case. Webb filed a motion
before the trial to block mention of the crash. Pallmeyer has not yet ruled on
the matter.
Assistant U.S. Attorney Zach Fardon said prosecutors would quickly counter
some of Webb's examination. Defense attorney Ed Genson, who is representing Warner,
interrupted: "Two minutes of testimony with respect to Guzman is prejudicial
enough!" Genson screamed from across the courtroom. "They can do whatever
they want . . . but if they do it, I want a mistrial."
At one point, Webb asked Fawell about Sonneveld's theft probe at a Naperville
facility. Webb, going into government evidence, showed a memo Sonneveld wrote
saying there was no other reason for the theft than pressure to buy Ryan political
fund-raising tickets. Fawell called this conclusion "out of line;" Webb
echoed Fawell, calling it "ridiculous."
Collins pointed to that exchange when he argued jurors needed to hear the
rest of the story. Collins later slightly chided Fawell's testimony, saying he
often volunteered information to the defense and gave it "eagerly."
Fawell is a government witness cooperating in a plea deal.
Webb said he was "stunned" the government is challenging him on
issues it raised. Pallmeyer will rule on what testimony to allow after all sides
file motions on the matter.
HIGHLIGHTS
Prosecution: Says defense cross-examination was so broad, prosecutors now are
free to introduce details about a tragic truck crash caused by a man who obtained
his license illegally from the Illinois secretary of state's office.
Defense: Gets chief witness Scott Fawell to shift many decisions made in office
from George Ryan, the former secretary of state and governor, to himself. Will
fight to keep out references to truck crash.
Today: Defense continues Fawell cross examination.