Illinois Public Media News
The Champaign County State's Attorney's Office has filed an Indirect Criminal Contempt petition against the landlords of the Cherry Orchard Village apartments.
During a bench trial earlier this month, Bernard and Eduardo Ramos were convicted of violating a local health ordinance by failing to legally connect the property's sewer and septic systems. They must pay more than $54,000 in fines, and are barred from housing tenants until the property is brought up to code.
But Champaign County State's Attorney Julia Rietz said Champaign County Sheriffs Deputies and Public Health District officials have confirmed people are still living there.
"The petition alleges that despite the judge's order Champaign County Sheriffs Deputies and Public Health District officials have confirmed that people are still residing in the complex," Rietz said in a statement.
The Ramoses must appear in court on Thursday, May 5, 2011 at 2:30 to answer the petition.
Cherry Orchard is located right outside of Rantoul, and has traditionally housed migrant workers.
The lead attorney at Rod Blagojevich's first trial walked into the courtroom where the ex-governor's retrial is under way to wish his former client luck.
Sam Adam Jr. showed up just before proceedings began Wednesday. He shook hands with Blagojevich and gave one of the ousted governor's new attorneys a hug.
During the first trial, Adam's courtroom style led to clashes with Judge James Zagel and raised the ire of prosecutors.
Current defense attorney Sheldon Sorosky turned to prosecutors sitting nearby on Wednesday and joked that Adam would be giving the opening statement for the defense.
Jury selection hasn't finished, and Zagel has said openings could take place Monday.
The judge and attorneys in Rod Blagojevich's corruption retrial on Monday were set to resume the daunting task of selecting jurors who can put aside what they've heard about the high-profile case and give the former Illinois governor a fair trial.
Judge James Zagel was expected to individually question up to 40 more people out of a pool of more than 100 potential jurors to assess their suitability. Each filled out a 38-page jury questionnaire as the retrial started last week.
The impeached governor's first trial ended last year with jurors deadlocked on all but one count of lying to the FBI. At the retrial, the 54-year-old still faces 20 charges, including accusations he sought to sell or trade an appointment to President Barack Obama's old U.S. Senate seat for campaign cash or a top job.
The first day of individual questioning of would-be jurors on Thursday revealed most either held unfavorable views of politicians in general or of Blagojevich in particular. All had heard at least something about last year's trial.
Zagel spoke to 22 potential jurors Thursday and, by day's end, dismissed 11 on various grounds, including that weeks of jury duty would hit their families hard financially.
But he refused defense requests to send home several people who seemed biased against Blagojevich, including a retired auto shop owner who wrote that, "Based on news accounts, my personal bias is - he is guilty." Zagel said he accepted the man's assurances in court that he could set aside his preconceptions and focus solely on the evidence.
Those kept in the jury pool won't necessarily end up in the jury box because both sides retain the right to dismiss some jurors without providing the judge a reason. The defense can do so 13 times while the prosecution has nine peremptory challenges.
Jury selection is an inexact science. Blagojevich lawyers may in some cases prefer jurors with a dim view of politicians if it means they're more likely to accept a long-held defense argument: that the twice-elected governor was merely engaged in wheeling and dealing that - while sometimes unseemly - is legal and par for the course in politics.
Blagojevich himself has seemed closely involved scrutinizing potential panelists, scribbling notes on a yellow pad as would-be jurors answered questions. His wife, Patti, also has taken detailed notes sitting on a nearby spectators' bench.
Those still in the jury pool include a former state prosecutor, a substitute teacher who said she didn't like her job and a recently retired maintenance man who told the court how he once saved up $1,500 to pay to drive a Formula One racecar 177 mph.
Another person Zagel refused to dismiss was a man convicted of assault and battery who had to attend an anger-management course as part of his sentence. The man, holding a microphone as he answered the judge's questions, hesitated when Zagel asked if those courses had helped.
"You didn't stand up and throw the mic at me, so it helped a little," Zagel said, smiling.
Zagel has said he wants to have 12 jurors and several alternates impaneled by Wednesday, meaning opening arguments could start that day or Thursday. The retrial is not expected to last as long as the first 2 1/2-month trial, in part because prosecutors have streamlined their case by dropping complex racketeering charges.
(Photo by Robert Wildeboer/IPR)
Synthetic marijuana known as spice or K2 would be banned under a bill that is close to gaining approval in the Indiana Legislature.
The state Senate is scheduled on Monday to consider final passage of the bill, which would treat possessing or dealing synthetic marijuana the same as the real drug. The House earlier unanimously approved the bill that lists 25 chemical compounds used to make the substance often sold as incense.
Several Indiana counties have local ordinances banning the substance from stores, but supporters say a state law criminalizing it is needed. Health officials and police have urged lawmakers to ban it because of adverse reactions such as increased heart rate and hallucinations.
If the Senate approves the bill, it would go to the governor for consideration.
Illinois Gov. Pat Quinn granted 85 clemency petitions and denied 189 others in the latest round of action to clear a backlog of cases left by his predecessor, ousted former Gov. Rod Blagojevich.
Quinn granted pardons and expunged convictions in most of the cases Friday that included offenses from burglary and drug charges to armed robbery and reckless discharge of a firearm.
This latest action brings the number of clemency petitions Quinn has granted to 467. He has denied 728 other petitions.
Blagojevich left a backlog of 2,500 cases when he was impeached and removed from office in January 2009 after his arrest on federal corruption charges. Blagojevich is currently on trial in Chicago for a second time.
Despite a court order barring Bernard and Eduardo Ramos from accepting tenants at the Cherry Orchard Village apartments, they continue to do so, according to the Champaign-Urbana Public Health District.
The Ramoses were found guilty Monday in Champaign County court of failing to legally connect the property's sewer and septic systems. They must pay more than $54,000 in fines ($100 per day for 379 days for the unlawful discharge of sewage, $100 per day for 160 days for renting out the property during the health code violation; and $200 for not having a proper construction permit and license when they tried to repair the sewage and septic systems).
The judge in the case, John Kennedy, also issued an injunction, preventing the Ramoses from housing tenants until Cherry Orchard is brought up to code.
The Ramoses submitted a notice of appeal following the ruling.
Public Health administrator Julie Pryde said her department sent a health inspector to Cherry Orchard twice after the verdict. About 20 vehicles were discovered on the property. The health inspector spoke to a tenant who said she confronted Bernard Ramos about media coverage surrounding the trial. Pryde said the tenant was told by Ramos that he is appealing the court ruling, and that there's "no reason to move."
"It's clear that he has been moving people in almost continuously since we told him to stop," Pryde said. "He's actually gone out of his way to tell people that it's ok that they continue to live there."
Pryde said her department is working with different state agencies to help find remaining Cherry Orchard tenants permanent homes.
"I can't even begin to imagine how much time has been spent on this Cherry Orchard situation, and you know none of that money comes back to these agencies," she said.
This is not the first time efforts have been made to find emergency homes for Cherry Orchard tenants. Back in January, Pryde organized a meeting with groups including the Salvation Army, the United Way, and the Illinois Department of Children and Family Services to help get tenants into safe, permanent housing.
Pryde said she would like to see increased enforcement to ensure that the court order is followed. A request for comment from the Champaign County State's Attorney was not immediately returned.
Bernard Ramos and his family have owned more than 30 properties in Champaign County; however, several are now or have been under foreclosure during the past few years - with at least seven sold in sheriff's auctions since 2008, according to an analysis of Champaign County Recorder's Office documents.
Cherry Orchard is located right outside of Rantoul, and has traditionally housed migrant workers.
Embattled Indiana Secretary of State Charlie White is appealing a judge's ruling sending a dispute over his November election back to the state recount commission.
Marion Circuit Court officials say the notice of appeal was filed today.
White lawyer Jim Bopp says the judge's ruling improperly asks the commission to decide an issue that's already being decided in a separate criminal case - whether White committed voter fraud.
Democrats are seeking to have White's candidacy disqualified and their candidate named winner in his place. Judge Louis Rosenberg ruled April 7 that the recount panel should reconsider Democrats' claims that White committed voter fraud by lying about his address on a registration form.
Bopp says such a decision is beyond the scope of the commission's powers.
The retrial of former Illinois Governor Rod Blagojevich begins Wednesday, April 20 with jury selection. It's been two and a half years since the governor was arrested, then impeached, then tried. Illinois Public Radio's Robert Wildeboer has this audio postcard of highlights from this legal saga that's been marked by political theater.
(AP Photo/Verna Sadock)
The landlords who operate the Cherry Orchard Village apartments have been found guilty of failing to legally connect sewer and septic systems for six out of their eight apartment buildings.
Champaign County Presiding Judge John Kennedy fined Bernard and Eduardo Ramos more than $54,000. They must pay $100 per day for 379 days for the unlawful discharge of sewage, $100 per day for 160 days for renting out the property during the health code violation; and $200 for not having a proper construction permit and license when they tried to repair the sewage and septic systems.
The Ramoses have 180 days to pay the fines. They are also barred from accepting tenants until the sewage problems are addressed.
Cherry Orchard has traditionally been a destination for migrant workers who come to the area during warmer months. Julie Pryde, the administrator with the Champaign Urbana Public Health District, said the ruling couldn't have come at a better time.
"I was just getting extremely nervous that this was taking so long because summer was getting closer and closer," Pryde said. "We know from history that the place would be completely filled up by then."
The Ramoses have owned more than 30 properties in Champaign County and have faced hundreds of code violations.
Last year, the County amended its nuisance ordinance because of the severity of conditions at Cherry Orchard. The modified ordinance includes a dozen criteria that a building must follow to be considered safe, including access to clean drinking water, plumbing that meets state health codes, and not using extension cords to provide power to a dwelling unit.
Planning and Zoning Director John Hall said many of the conditions outlined in the amended ordinance exist at Cherry Orchard. Hall said his department submitted a complaint with the Champaign County State's Attorney's office under the amended nuisance ordinance to take aim at structural problems that he says exist at Cherry Orchard.
"Well, if there aren't any people living there now, there will someday," Hall said. "And at that point, I would imagine the situation would be even worse by then. If no one lives in a building, it only continues to deteriorate more. It doesn't stop deteriorating just because no one lives there.
Champaign County Assistant State's Attorney Christina Papavasiliou said her office would only move forward with the nuisance complaint if the buildings on the Cherry Orchard property aren't repaired and tenants continue living there.
"If people do occupy the premises again, we have another complaint to file," Papavasiliou said.
The Ramoses immediately filed an appeal following Monday's court ruling.
(Photo courtesy of Julie Pryde)
Federal prosecutors Monday ripped into public comments made by Rod Blagojevich. That comes two days before the former Illinois governor's corruption re-trial begins.
Blagojevich's comments to the media have centered around him saying, "Play all the tapes. Play all the tapes."
The former governor has said that playing all the secret phone conversations recorded by the FBI would show he's innocent and the fact that they aren't all played for jurors is a conspiracy by the prosecutors.
Prosecutors have mostly stuck to the legal issues in court, but U.S. Attorney Reid Schar let loose Monday, telling the judge that Blagojevich's talking points are lies. It's the judge who decides which tapes to play, not the government.
Judge James Zagel, for his part, told the court it would be wise for Blagojevich to restrain himself, saying he could overstep the line if he hasn't done so already. The judge said his comments should be considered a "red flag" for the defense to get their client in line.
Blagojevich's defense attorneys left court without talking to reporters; a rarity for them.
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