Appeals Court Denies Ex-Governor Ryan’s Bail Request
A federal appeals court on Monday denied a request by imprisoned former Illinois Gov. George Ryan to free him on bail so he can spend more time with his terminally ill wife, though the ex-governor's attorneys said they would continue working to win his release.
In a one-page ruling, the 7th Circuit Court of Appeals in Chicago rejected an emergency motion filed by Ryan's attorneys last week after Lura Lynn Ryan was taken to intensive care suffering complications from chemotherapy.
Ryan, the ruling said, hasn't met the legal requirements that would allow for his release while the 76-year-old's defense team tries to overturn his 2006 conviction for racketeering, conspiracy, tax fraud and making false statements to the FBI.
The three-judge panel notes that Ryan asked in the emergency motion about the possibility of release from his Indiana prison during daylight hours so he could be at his wife's side. The court said it didn't have the jurisdiction to grant that wish.
"This possibility might be a humane way to address the personal aspect of his motion," it says. But "a request for such an arrangement must be presented by the appellant to the Bureau of Prisons."
Prosecutors made public for the first time Friday the news that prison authorities did, in fact, escort Ryan to see his wife for two hours the same day she was admitted to a Kankakee hospital. They cited that clandestine visit as one reason judges shouldn't grant Ryan's release.
"Obviously, I am disappointed and I know the family is exceedingly disappointed," said Ryan attorney and a long-time family friend, former Gov. James Thompson.
But Thompson also assured the family that attorneys would take several steps in response, including asking Democratic President Barack Obama to grant clemency to the former Republican governor. They will ask Obama to commute Ryan's sentence from 6 1/2 years to his three years already served.
Other steps would include asking the Bureau of Prisons to grant Ryan a long-term furlough, possibly under conditions where he would have to stay at a county jail overnight. Thompson added he would ask prosecutors to support that request.
Last month, U.S. District Judge Rebecca Pallmeyer -- who presided over Ryan's trial -- upheld his conviction and denied his request for bond. She acknowledged his wife's plight, but said Ryan's conduct "exacted a stiff penalty, not only for himself but also for his family."
Ryan's attorneys had argued parts of his conviction should be tossed based on a U.S. Supreme Court decision curtailing anti-fraud laws -- known as "honest services" laws. Pallmeyer said Ryan's circumstances were different enough that his conviction should stand.
Defense attorneys have appealed Pallmeyer's ruling upholding the convictions.