Blagojevich Case Goes to Family Secrets Mob Trial Judge

Fresh off handling one of Chicago's biggest mob cases in decades, U.S. District Judge James Zagel will preside over the corruption case against former Gov. Rod Blagojevich. And it's no accident.

Normally, prosecutors would have issued a new indictment against Blagojevich and a circle of aides, prompting the case to be randomly assigned to a judge. But instead prosecutors on Thursday added the former governor and four top associates to an existing indictment against Springfield power broker William Cellini. That ensured that Blagojevich would be tried before Zagel, who was randomly assigned the Cellini case when it was filed last fall.

Although there's at least a hint of judge-shopping in the move, Chicago lawyers said the decision by prosecutors was permissible and a clever way to keep the Blagojevich case before a judge with whom they are comfortable.

The move had another immediate impact: Terence Gillespie dropped out Friday as Blagojevich's lead attorney because he once helped represent Cellini.

Prosecutors have made no comment on the move, but it can't be argued that the charges against Cellini are unrelated to the schemes detailed in the former governor's sweeping indictment.

Zagel, a Reagan appointee who has served almost 22 years on the federal bench, is widely respected but is seen by many attorneys as generally pro-government.

Some attorneys—none of whom wanted to be quoted by name because they likely will have cases before him again—noting his background as a former director of the Illinois State Police in the 1980s, said he would be more law-enforcement-minded.

Allowing the Blagojevich case to go to a randomly selected judge, although certainly the usual procedure, would have carried some inherent risk for prosecutors. Some judges can be more independent than others, and some are just unpredictable.

The U.S. attorney's office recently was stung when U.S. District Judge Milton Shadur sentenced convicted former Chicago Ald. Edward Vrdolyak to probation and not prison. And the trial of former Gov. George Ryan before U.S. District Judge Rebecca Pallmeyer was seen by some critics, including one appeals judge, as an out-of-control spectacle with a jury that did as it pleased.

Zagel presided over the landmark Family Secrets trial of top Chicago Outfit bosses in summer 2007, winning praise from lawyers on both sides.

He recently wrapped up the case by sentencing several defendants to life in prison. It was a proceeding that needed careful management with some of Chicago's craftiest defense attorneys and a cast of mob characters including Joey "the Clown" Lombardo and Frank Calabrese Sr.

Thanks to Jeff Coen

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Mafia Leader Arrested in Salem

The self-proclaimed leader of the Midtown Mafia street gang operating in the city was arrested during a raid here this week, police announced on Thursday.

Jaquan Nichols, 21, was taken into custody at his residence on Griffith Street Wednesday afternoon, police said, still in his long underwear and screaming "you'll never take me alive!"

Police said quantities of cocaine, marijuana, drug distribution paraphernalia, $3,416 cash and a loaded assault weapon were seized in the bust.

Detectives searched a second location attributed to Nichols and recovered an additional $7,405 in cash on Thursday, authorities noted.

Nichols is an alleged member of one of the city's identified gangs, mostly comprised of young men and teenagers, that is apparently affiliated to the larger Bloods organization.

"The arrest of Nichols will have a significant impact in the reduction of violent crime and drug distribution in the City of Salem," said county Chief of Detectives Ralph Padilla.

Nichols faces 13 drug and weapons-related offenses, including possession of an assault firearm and high capacity magazine as well as possession of cocaine with the intent to distribute within 500 feet of a publicly-owned building.

He was also charged under a new criminal statute made effective in 2008 called gang criminality, which relates to an individual involved in a criminal street gang committing a firearms crime. It is a first-degree offense, according to Padilla.

Nichols is the first person to ever be charged with this offense in Salem County, police said.

Thanks to Randall Clark

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FBI Raids May be Linked to Organized Crime

FBI agents raided property on Tuesday that may be linked to organized crime, KMBC reported.

Early Tuesday morning, the FBI served federal search warrants at several metro-area homes. The series of raids were planned to strike at multiple locations in the Northland at the same time.

KMBC's Micheal Mahoney reported that the raids were conducted at homes owned by people named Civella, Cammisano and Moretina -- names that are familiar to law enforcement agents who have investigated organized crime in Kansas City in past decades.

"There have been charges and search warrants and investigations into organized crime. And a lot of the names you're mentioning have been investigated in connection with those activities," former FBI Agent Jeff Lanza said.

The FBI wouldn't say what prompted the raids, but some sources speculate it may be in connection with a federal gambling investigation.

"When you serve a search warrant, you're usually pretty far down the line. And you've reach a conclusion that a crime has been committed or may be committed at the place that you're searching," Lanza said.

The FBI didn't say whether any arrests were made.

In the 1970s, FBI agents thought Nicholas Civella was an influential member of organized crime. Severe people from Kansas City were convicted in plots to skim hundreds of thousands of dollars from Las Vegas. One of the schemes was included in the movie, "Casino."

Thanks to KMBC

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The State and the Law A Discussion on the Prosecution of Crime With Richard Devine, Locke Bowman and Dean David Yellen

The State and the Law
A Discussion on the Prosecution of Crime With Richard Devine, Locke
Bowman and Dean David Yellen

Where:
Ceremonial Courtroom – 10th Floor
25 E. Pearson. Chicago, IL 60611
Loyola University Chicago School of Law

When:
4 - 6 pm - Monday, April 13th

What causes wrongful convictions? How widespread is the problem? Are prosecutors too close to the police? What is the role of scientific evidence? Please join the Loyola National Lawyers Guild for a candid discussion on criminal prosecution with Richard A. Devine, Locke Bowman and Loyola's own Dean David Yellen. This discussion will be informative and wide-ranging, addressing some of the most important questions involving the state’s decision to take away a person’s freedom.

This event is free and open to the public!

For more information, contact NationalLawyersGuild@luc.edu
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Richard A. Devine, a visiting faculty member at Loyola University Chicago School of Law, was State’s Attorney of Cook County, Illinois from 1996-2008. As Cook County State’s Attorney, Richard Devine led the nation’s second largest prosecutor’s office, supervising a staff of more than 2,000, including more than 900 attorneys and a $106 million annual budget. A lawyer for over 35 years, he has argued before the Illinois Appellate Court, the Illinois Supreme Court, the 7th Circuit United States Court of Appeals and the United States Supreme Court.

Locke E. Bowman is a Clinical Associate Professor of Law at Northwestern University Law School and the Director of the Roderick MacArthur Justice Center. His work focuses on cases involving police misconduct, compensation of the wrongfully convicted, the rights of the media in the criminal justice system, and firearms control. Based on votes from fellow attorneys, Chicago Magazine named Bowman an Illinois “Super Lawyer” in 2005 and 2006 for his work in constitutional law and civil rights.

David N. Yellen has been Dean and Professor of Law at Loyola University Chicago School of Law since July 2005. Dean Yellen's major area of academic expertise is criminal law, particularly sentencing and juvenile justice. He has written widely about the federal sentencing guidelines, testified before the United States Sentencing Commission, advised President Clinton's transition team and argued before the United States Supreme Court. He has served as professor and Dean at Hofstra Law School, and has taught at other distinguished law schools around the country.

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Video Report on the Finding of Al Capone's Secret Bar

The thud and thump of a wall getting ripped apart was the prelude to a prize -- an old, ornate bar were Al Capone sipped suds and hung with his gangster buds. The revelation happened late Saturday in Fox Lake and made the man who owns it, feel as if he were a kid in a candy shop. Byron Harlan has the story.

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