Illinois Public Media News
An Indiana attorney will ask the state's Supreme Court to reconsider a controversial decision that involves police entry into homes.
The original case started with the arrest of Richard Barnes in Evansville, a city in the far southwestern corner of the state.
In late 2007 Evansville police tried to enter Barnes' home after being called to quell a domestic disturbance between Barnes and his wife. According to court records, Barnes told officers that they were not needed. Barnes and his wife tried heading back to their apartment. Police followed and then asked to be allowed inside. Barnes refused and shoved an officer. The officer entered anyway and subdued Barnes. Police eventually charged Barnes and a court convicted him on a misdemeanor count of resisting arrest.
Barnes attorney Erin Berger challenged the conviction on the grounds that police didn't have a warrant. The Indiana Appeals Court agreed. But after a ruling last week, the Indiana Supreme Court says Hoosiers cannot resist police entry into their home, even if that entry is illegal.
In a 3-2 decision, Justice Steven David wrote, "the right to reasonably resist an unlawful police entry into a home is no longer recognized under Indiana law."
David added that a resident's refusal to allow an officer entry could lead to further violence. The court says a resident can challenge the entry in court at a later time. But Justice Richard Rucker, a Gary native, dissented.
"A citizen's right to resist unlawful entry into her home rests on a very different ground, namely, the Fourth Amendment to the United States Constitution," Rucker wrote. "In my view the majority sweeps with far too broad a brush by essentially telling Indiana citizens that government agents may now enter their homes illegally - that is, without the necessity of a warrant, consent, or exigent circumstances."
Berger's taking the usual step in asking the court to reconsider its ruling.
"The breath of the decision would absolutely allow a police officer to enter a home for no reason, whether there's a warrant or not, whether there's extenuating circumstances or not," Berger said Wednesday. "Citizens no longer have the right to even tell the officer 'No,' and close the door against the officer's hand."
Following the ruling, threats have been made against the judges of the Indiana Supreme Court, and protesters have planned a march in Indianapolis for next week.
Indiana lawmakers are also considering amending the law so police within the state follow protections laid out in the U.S. Constitution's Fourth Amendment.
The FBI said it is investigating whether Unabomber Ted Kaczynski was involved in the Chicago-area Tylenol poisonings that killed seven people in 1982.
Kaczynski wrote in papers filed in federal court in California last week that prison officials conveyed a request from the FBI in Chicago for DNA samples.
Chicago FBI spokeswoman Cynthia Yates confirmed Thursday that the agency has asked for Kaczynski's DNA. She said he's refused to voluntarily give a sample but declined to say whether the agency could compel him to provide one.
The Tylenol case involved the use of potassium cyanide and resulted in a mass recall. Kaczynski said he has never possessed potassium cyanide.
Kaczynski is serving a life sentence after pleading guilty in 1998 to setting 16 explosions that killed three people.
(AP Photo/Department of Motor Vehicles, File)
Illinois may be the new host of a maximum security federal prison.
Since late 2009, the state and federal government have been in negotiations and while there has been no official confirmation, legislators have confirmed terms of transferring the Thomson Correctional Center to the feds. President Barack Obama's original plan was to send Guantanamo Bay's terror suspects to Thomson. A backlash killed that plan.
Still the administration insisted it wanted to take the state-of-the-art prison off Illinois' hands, as it has barely been used. State legislators from northwestern Illinois, including Republican Representative Richard Morthland, say they were notified by Governor Pat Quinn of a deal.
Morthland said it was to be kept quiet because there are unfinished details. However, it appears the state will get $165 million for Thomson. That's lower than its $220 million appraised value. But Morthland said it will create needed high-quality jobs.
"They'll need places to live, there're going to need places to shop, and they're going to be providing a lot of services," Morthland said. "The Federal Bureau of Prisons has a preference to working with local producers, so the farmers in the area and other people will be able to do business with the prison. And so it's really going to be a great shot in the arm for northwestern Illinois."
Given crowding in Illinois correctional facilities, the state could surely use it to house its own criminals. But Illinois doesn't have the money to open the prison. Congress would still need to approve the purchase, but no further action is necessary at the state level.
A jury has been seated in the terrorism trial of a Chicago man.
The twelve jurors and 6 alternates chosen will be hearing the case against Tahawwur Rana who's accused of planning the Mumbai terror attack that killed 160 people.
Ten of the jurors are women and eight are African American. Rana's defense attorneys say there were a lot of minorities in the overall pool of jurors, and that's why there are so many on the panel. Charlie Swift says it's a good jury for them.
"The idea here was to get a jury of Mr. Rana's peers and I believe that we got a jury of Mr. Rana's peers. People who can understand Mr. Rana's position as an immigrant. People who can understand Mr. Rana's position as a minority in his community, Mr. Rana's position as a businessman and as a family member," Swift said.
Opening statements in the case are scheduled to begin Monday.
The judge at the corruption retrial of former Illinois Gov. Rod Blagojevich says he expects the prosecution to rest its case on Thursday.
Prosecutors told Judge James Zagel they'll be able to get through their four remaining witnesses within just a few hours on Thursday.
Zagel said Wednesday that defense attorneys would have their chance to start calling witnesses Monday. And he said he thought closing arguments would happen at the very end of May.
Prosecutors have called only a dozen witnesses over 2 1/2 weeks in a drastically streamlined case. Some 30 witnesses testified over six weeks at the first trial.
Blagojevich faces 20 charges including that he tried to sell or trade President Barack Obama's vacated U.S. Senate seat. He denies any wrongdoing.
Defense attorneys for former Illinois Gov. Rod Blagojevich are paying a steep price for the tactics the team employed in the first trial.
They used a number of tricks in the first trial which resulted in a hung jury on most of the counts against Blagojevich. The most notorious trick was probably when they promised the governor would testify, but then they reneged.
Judge James Zagel said he gave them leeway because he thought Blagojevich would testify, but he said he's not going to do that this time. That was evident Monday as defense attorney Sheldon Sorosky tried to cross examine a former Blagojevich aide, John Wyma.
Prosecutors had subpoenaed Wyma in 2008 about some of his work as a lobbyist and he's testifying under a grant of immunity.
Sorosky tried to ask questions about Wyma's cooperation to suggest that Wyma got a free pass on his own legal troubles because he gave up the governor.
Zagel stopped the questioning and told Sorosky that if he has problems with the way the prosecutors handle cooperating witnesses then he can file a complaint, but that's not relevant to this trial.
An old friend from Rod Blagojevich's early political career will be on the stand Monday in the former governor's retrial.
John Wyma was chief of staff when Blagojevich served as a congressman and stayed on as a consultant and fundraiser through Blagojevich's time as governor. He parlayed his relationship with Blagojevich into a very lucrative career as a lobbyist. Clients paid him thousands of dollars a month because he could get meetings with the governor or his staff.
Prosecutors subpoenaed Wyma about some of his business dealings, and in 2008 he provided information that allowed prosecutors to start recording the governor's phone calls. Blagojevich talked about Wyma outside court last Thursday after Wyma started his testimony. Blagojevich seemed unusually thoughtful.
"John Wyma was someone that I thought was a close and good friend and to see him lie like he's lying, understanding that he's doing it because he's being compelled to do it because he may have done some things wrong," he said. "He's afraid that he's going to get prosecuted, doesn't take away the sense of sadness that you feel because this guy was once someone that you thought was a good friend."
Wyma is testifying with a grant of immunity from prosecutors, meaning he can't be prosecuted for any crimes he committed related to this case, provided he tells the truth. He's testifying about conversations he had with Rahm Emanuel about Barack Obama's senate seat just after the 2008 presidential election.
(Photo by Rob Wildeboer/IPR)
A Chicago courtroom could become the unlikely venue for revealing alleged connections between the terrorist group blamed for the 2008 rampage that killed more than 160 people in Mumbai and Pakistan's main intelligence agency, which has come under increased scrutiny following Osama bin Laden's killing.
Jury selection begins Monday in the case against Chicago businessman Tahawwur Rana, who is accused of helping a former boarding school friend serve as a scout for the militant group that carried out the three-day attack in India's largest city. Though the accusations against Rana are fairly straightforward, the implications of the trial could be enormous.
To make their case, federal prosecutors may lay out alleged ties between Lashkar-e-Taiba, the militant group blamed for the attacks, and Pakistan's Inter-Services Intelligence agency, known as the ISI. The trial comes amid growing suspicion that the ISI was complicit in harboring bin Laden, who was killed by Navy SEALs during a May 2 raid, and could lead to further strains in the already frayed relations between Pakistan and the United States.
The key government witness could be David Coleman Headley, a Pakistani-American with a troubled past who pleaded guilty last year to laying the groundwork for the Mumbai attack by Lashkar-e-Taiba. Headley, who is cooperating with U.S. officials, told interrogators that the ISI provided training and funds for the attack against India, Pakistan's long nemesis.
Headley told authorities that Rana provided him with cover for a series of scouting missions he conducted in Mumbai. Headley also told interrogators that he was in contact with another militant, who has ties to al-Qaida, as part of a separate plot to bomb a Danish newspaper that printed cartoons that offended Muslims.
"What you'll have now in Chicago is a trial which will undoubtedly demonstrate links between Pakistan government agencies and one of the most competent terrorist organizations operating in South Asia - Lashkar-e-Taiba," said Seth Jones, a senior political scientist at the RAND Corp. The trial "just adds more fuel to an already tense situation."
Nearly 100 potential jurors are expected at Chicago's federal courthouse Monday. They'll be asked to fill out forms with a range of questions, from personal views on Islam to knowledge of Pakistani militant groups. Jury selection is expected to last several days.
Experts say Lashkar-e-Taiba, which means "Army of the Pure," was created with the ISI's help in the 1980s as a proxy fighting force to battle with India over the disputed territory of Kashmir. Counterterrorism officials say the group has gained strength with the help of the ISI since then, possibly with the help of retired officers. Pakistani officials have denied any ties with the group.
Lashkar-e-Taiba is accused of carrying out the three-day siege in Mumbai in which 10 gunmen attacked two luxury hotels, a Jewish center and a busy train station in India's financial capital, killing 166 people, including six Americans.
Rana, a Canadian national who has lived in Chicago for years, owns a Chicago-based First World Immigration Services, in the city's South Asian enclave. He and Headley met as teenagers at a Pakistani military boarding school outside Islamabad.
Prosecutors say Rana, who was arrested in 2009, provided cover for Headley by letting him open a First World office in Mumbai and travel as a supposed representative for the agency. He also allegedly helped Headley make travel arrangements as part of the plot against the Danish newspaper that in 2005 printed cartoons of the Prophet Muhammad, which angered many Muslims worldwide.
Rana is charged with providing material support for terrorism in India and Denmark. In court documents, Rana's attorneys have said he believed Headley was working for Pakistani intelligence. Headley also told authorities that he told Rana he "had been asked to perform espionage work for the ISI," according to a court filing.
"Part of the defense will be that Headley used his connections with ISI to explain the things he was doing," Rana's attorney Patrick Blegen told reporters last week. Rana "has maintained his innocence since the day he was arrested."
However, U.S. District Court Judge Harry Leinenweber ruled that that proposed defense was "objectively unreasonable."
Prosecutors have declined to comment ahead of the trial. A senior Pakistani intelligence official said he hasn't been following the trial and didn't have comment on it.
Some experts doubt the trial will reveal much, saying federal prosecutors may work hard to keep sensitive information from surfacing in the courtroom, and Headley is not the most credible witness. Headley reached a plea deal with prosecutors in the terrorism case in exchange for avoiding the death penalty and previously had been an informant for the U.S. Drug Enforcement Administration after a drug conviction.
Details of Headley's possible testimony were revealed last year in an Indian government report detailing what he had allegedly told Indian investigators during questioning in Chicago.
In the report, Headley is cited describing how the ISI was deeply involved in planning the Mumbai attacks and how he reported to a man known only as "Major Iqbal," whom he called his Lashkar "handler." But some experts have suggested Iqbal could be a retired ISI officer, or that he may not even exist. In the indictment, his name is listed as unknown, and he's referred to only under the alias "Major Iqbal."
Rana is actually the seventh name on the indictment, and the only defendant in custody. Among the six others charged in absentia are "Major Iqbal" and Sajid Mir, allegedly another Lashkar-e-Taiba supervisor who also "handled" Headley.
Also indicted is Ilyas Kashmiri, the commander of the terror group Harakat-ul Jihad Islami who also is believed by Western intelligence to be al-Qaida's operational chief in Pakistan. During his travels for spying and training, Headley allegedly met with Kashmiri in Pakistan, and Kashmiri gave him instructions on how to carry out the Danish newspaper bombing, which ultimately never occurred.
A pair of Illinois men and a gun rights group have sued the state to try to force it to allow concealed weapons. The lawsuit comes eight days after legislation to allow state residents to carry hidden guns failed.
The lawsuit was filed Thursday in federal court by former corrections officer Michael Moore of Champaign, farmer Charles Hooks of Percy in southeastern Illinois and the Bellevue, Wash.-based Second Amendment Foundation.
They argue Illinois' prohibition against concealed weapons violates the U.S. Constitution's Second Amendment and what they see as Americans' right to carry guns for self-defense.
Attorney General Lisa Madigan's office said she's reviewing the lawsuit.
On May 5 the state House voted down the bill to allow concealed guns. Illinois and Wisconsin are the only states that ban concealed weapons.
Defense attorneys at Rod Blagojevich's corruption retrial tried to chip away at the testimony of a former aide to the ousted governor Thursday, hinting that Blagojevich never intended to personally benefit from his ability to name a replacement for President Barack Obama in the Senate.
Robert Greenlee, who served as deputy governor under Blagojevich, looked flustered at times as defense attorney Aaron Goldstein peppered him with questions including, "Have you ever lied to the governor?"
Blagojevich sat forward on his defense-table chair listening intently, sometimes shaking his head at Greenlee's answers. At least once, he leaned across the table and appeared to suggest a question Goldstein should ask Greenlee.
Judge James Zagel warned the defense lawyer that his inquiry about whether Greenlee had ever lied to Blagojevich was too broad and could cover Greenlee lying to the governor about whether he liked his tie, for example.
Greenlee is a key prosecution witness on several charges, including that Blagojevich tried to sell or trade Obama's old Senate seat and that he squeezed a Children's Memorial Hospital CEO for campaign cash.
The defense pressed Greenlee about his testimony that Blagojevich ordered him - by using the circuitous words, 'Good to know' - to hold up a pediatric care reimbursement until the hospital executive came up with a large campaign donation.
"You understood 'good to know' meant stop the rate increase?" Goldstein asked. "Did you ask for clarification?"
"I didn't believe I needed clarification," Greenlee said.
Mocking Greenlee's claim that he took Blagojevich's words as an order, Goldstein prompted an objection by asking, "Mr. Greenlee, you speak English, is that correct?"
Greenlee testified that Blagojevich discussed appointing Obama's preferred candidate to the Senate seat, Valerie Jarrett, in exchange for a high-paying, high-powered government or private-sector job.
Once Jarrett took a job in the White House instead, Greenlee said Blagojevich and his aides turned to other possible candidates - and considered what they could do for the governor.
The defense repeatedly asked Greenlee about Illinois Attorney General Lisa Madigan, and whether Blagojevich had actually wanted to forge a legal political deal involving her.
But Zagel agreed to prosecutors' objections whenever Goldstein mentioned Madigan, telling Blagojevich's attorney the questions were "out of bounds." He suggested the defense could broach the topic if and when they put on their own case.
The defense has argued that in the weeks before his December 2008 arrest, Blagojevich pursued a legal deal to name Madigan to the seat in exchange for her father, Illinois House Speaker Michael Madigan, agreeing to push a legislative package favored by the then-governor.
Prosecutors say such talk by Blagojevich was merely a red herring and was never seriously considered.
Blagojevich denies any wrongdoing. His first trial ended with jurors deadlocked on all but one charge. He was convicted of lying to the FBI. This time, he faces 20 charges in all.
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