Blagojevich retrial, Rezko and Levine must be witnesses, Leonard Cavise, DePaul University law professor, Evidentiary Proffer
It was clear to experts and novices alike that Tony Rezko and/or Stuart Levine had to be called as witnesses in the Rod Blagojevich trial. Tony Rezko’s name was mentioned approx. 288 times in the Evidentiary Proffer. When Judge James Zagel stated that Rezko was a bad witness, our collective jaws dropped. Stuart Levine, the key witness in the Rezko trial was not only enmeshed in corruption, he was a long time drug user.
From Citizen Wells July 29, 2010
“If I were a Blago juror …”
“If I were a juror, I’d wonder why we never heard from so many of the allegedly bad guys — Tony Rezko, Stuart Levine — mentioned by the prosecution.”
“As noted in part 5 of this series, Tony Rezko’s name was mentioned approximately 288 times in the Evidentiary Proffer. The above numbers reveal that of the evidence presented in the Proffer, 38 pages are loaded with names and corruption activities tied to Blagojevich from 2002 to mid 2008. And yet neither Tony Rezko or Stuart Levine were called as witnesses. And just as predicted and warned about here, the focus of the trial was the selling of Obama’s senate seat.”
An expert on law has commented on Rezko and Levine being called as witnesses. Leonard Cavise is a DePaul University law professor. From the DePaul website.
“Biography
Professor Cavise has a long background in litigation , both criminal and civil, including substantial pro bono litigation. In addition, he has worked in international human rights for many years, including lectures and training sessions in El Salvador, Guatemala, Mexico, Venzuela, Italy, France and other locations throughout the world. Several projects were designed to train Latin American human rights lawyers in the art of trial advocacy. In 1999, he founded the Chiapas Human Rights Practicum and has taken law students to work in human rights offices in Chiapas every year since then. He was the Director of DePaul’s Lawyering Skills Program from 1983 until 1990.”
http://www.law.depaul.edu/faculty_staff/faculty_information.asp?id=10
From the Chicago tribune, Cavise’s comments.
“A day later, all that was clear was that Blagojevich would have another day in court. What was less certain was what changes could be made to the prosecution case next time around, who would represent the governor at his retrial and how that defense would be paid for.
Experts differed on what the government might do as it makes another attempt at proving Blagojevich tried to leverage the powers of his office — including the appointment of a U.S. senator to fill the seat once held by President Barack Obama — to enrich himself and his campaign fund.
Some predicted that prosecutors would just slightly adjust their case or possibly leave it the same, while others suggested the next go-round could be much more drawn out.
Former federal prosecutor Dean Polales said he thinks the pr
osecution’s case will only be tweaked, especially since jurors reported an 11-1 split in favor of conviction on many of the major counts in the indictment.
“You’ve got an outlier juror,” Polales said. “That’s hard (for the defense) to duplicate in a future trial.”
But Leonard Cavise, a DePaul University professor, suggested the government will need to do more at the retrial, possibly leading to a longer presentation of evidence. He said he believes the government may try to avoid another deadlocked jury by using fundraiser Antoin “Tony” Rezko and political fixer Stuart Levine as witnesses.
Both men have agreed to cooperate, but prosecutors chose not to call them this summer in part because of the baggage both bring.
“If the prosecution insists on going forward, I have two words for them: Rezko and Levine,” Cavise said. “They know where all the bodies are buried.””
Read more:
Citizen WElls 
LTC Terry Lakin, CNN retraction of defamatory comments, Citizen Wells open thread, August 16, 2010
LTC Terry Lakin, CNN retraction of defamatory comments
From American Patriot Foundation a few minutes ago.
“PRESS RELEASE
ARMY DOCTOR LTC TERRY LAKIN SUCCESSFUL IN DEMAND FOR CNN TO RETRACT DEFAMATORY STATEMENTS
JEFFREY TOOBIN WITHDRAWS VICIOUS STATEMENT HE MADE ABOUT LAKIN SAYS HE NEVER INTENDED THEM TO APPLY TO DECORATED ARMY DOCTOR
Washington, D.C., August 16, 2010. The Army doctor who is being court martialled for refusing to obey orders has demanded – and received – a retraction from CNN of defamatory comments made by Jeffrey Toobin about Lakin.
Lakin appeared on the “Anderson Cooper 360” program with his lead counsel, Paul Rolf Jensen on May 7, 2010. A few days later, CNN aired on the same program a panel discussion with three lawyers, the purpose of which was to discuss LTC Lakin and his case. During that program, the following colloquy took place between Messrs. Cooper and Toobin, and a photo of LTC Lakin was displayed during Mr. Toobin’s remarks:
COOPER: It is sad, this guy has given 18 years of service, apparently served honorably, was a doctor, and then seems to be tossing out his career for this. I mean there are principled stands you can take…
TOOBIN: In your interview you kept saying what an honorable man he is. You know, as they say at the Supreme Court, I think I dissent. You know, these people are bigots, they’re racists, they’re freaks, they’re lunatics, these are not rational players in American politics…
On June 8, 2010, Jensen wrote CNN President Jonathan Klein as well as Mr. Toobin. In that letter, Jensen wrote: “Mr. Toobin’s statement is patently false. LTC Lakin is neither irrational, a racist, a bigot, a freak, or a lunatic. Nor is there any rational basis to conclude he is any of these things, which of course was Mr. Cooper’s point. Mr. Toobin, unlike Mr. Cooper, made this statement without ever speaking with LTC Lakin (or likely anyone that knows him.) Mr. Toobin’s statement was understood to pertain to LTC Lakin and appears to have been made with actual malice, and particularly in the context given, which is Mr. Toobin contradicting Mr. Cooper saying LTC Lakin’s professional service was honorable, attacks my client’s professional character and standing.
For these reasons, Mr. Toobin’s statement constitutes per se defamation, and is unconscionable, and LTC Lakin demands it be immediately retracted, on air during the “Anderson Cooper 360″ program. Your failure to make such a retraction will leave us no choice but to sue for defamation without further notice or demand.”
Immediately upon receipt of Jensen’s letter, CNN’s Vice President and General Counsel David Vigilante contacted Jensen, and although he denied the statement was defamatory, he agreed that CNN would require Toobin to retract the statement, and true to his word, last month this is exactly what aired:
TOOBIN: Anderson, can I just add one point on an unrelated matter?
COOPER: Sure. Yes.
TOOBIN: A couple of weeks ago, we did a story about Lieutenant Colonel Terrence Lakin. He is the officer who has tried to get out of military service because he believes that President Obama was not born in the United States. He’s one of the so-called birthers. In the course of that report, I made the statement that a lot of the birthers are bigots and racists and there was a picture of Lakin behind me.
I didn’t mean to suggest that he was a bigot and a racist. I was just talking more generally. And I also should correct myself. He wasn’t trying to get out of military service. He is the subject of a court Martial, that’s why we were doing the story. But I didn’t mean to imply that about him.
COOPER: OK, Jeff, thanks.
The videos can be viewed on the website of the American Patriot Foundation, www.safeguardourconstitution.com.
LTC Lakin accepts this second statement as a complete retraction of the first. Although it is regrettable that it took Jensen’s threat of litigation to compel Toobin to take back his vile words, the fact remains that CNN did the right thing in airing this retraction. “The matter is now closed,” Lakin stated today. “CNN and Toobin did the right thing to clear my name, and while I was ready to file suit if necessary to protect my reputation, I am glad my attorney was successful without having to do so.”
Lakin is a Lt. Colonel with almost 18 years of unblemished service to the Army, with six tours of duty abroad, including tours in Bosnia and Afghanistan. He is a physician and has been awarded the Bronze Star for his service. He believes that his oath to support and defend the United States Constitution has compelled him to act as he has, because President Obama’s eligibility under the Constitution to hold office has been seriously questioned, and the President has refused all requests to release documents claimed to exist which could determine his eligibility.
Immediately prior to Lakin’s refusal to deploy, his commander, COL Dale Block wrote of Lakin, “Dr. Lakin is an extremely talented, highly knowledgeable senior Army clinician…he can always be counted on to provide me with expert advice…LTC Lakin is clearly one of the top clinicians in the Northern Regional Medical Command. He has superb clinical skills, rapport with patients and staff…Terry is the best choice for tough assignments…Already on the promotion list to Colonel, he should be groomed for positions of greater responsibility.” COL Block concluded by describing LTC Lakin as “best qualified” and recommended that LTC Lakin be selected for duty as a Clinic Commander (in other words, Block’s own position).
The American Patriot Foundation, a non-profit group incorporated in 2003 to foster appreciation and respect for the U.S. Constitution, which has established a fund for Lakin’s legal defense to LTC Lakin. Further details are available on the Foundation’s website, www.safeguardourconstitution.com.
—-end—-
For further information, contact: Margaret Hemenway at (202) 725-7659
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Tagged 2010, August 16, Citizen Wells open thread, CNN retraction of defamatory comments, LTC Terry Lakin