Rezko defense again trips up star witness's memory

The star witness in the trial of Antoin "Tony" Rezko again on Tuesday fell into the exact same trap defense attorney Joseph Duffy first successfully laid out for him last week.

Duffy, Rezko's attorney, first asked Levine on Thursday in what time frame prosecutors had made secret tape recordings of his phone calls. On that day of testimony, Levine at first cited a two-year span, but then corrected his statements to months, citing the months of March 2004 through May 2004.

But Duffy then showed Levine transcripts of his calls and got him to admit he was wrong, that the recordings hadn't started until April 2004.

Tuesday, after badgering Levine for hours about his drug use and his multiple cash withdrawals each month, Duffy again returned to the time frame of those tape-recorded calls, asking Levine when they were made.

Late 2003 to early 2004, Levine replied. Again, Duffy pounced, and Levine remembered, albeit too late.

"You (just) said late 2003 or early 2004, didn't you?" asked Duffy. "And you're now telling us there are no recordings in November 2003?"

"Would you like to change that answer?" Duffy asked

"Uh, yes sir," said Levine.

"Even today sir, you don't know when those tape recordings were made, do you," pressed Duffy.

"Yes sir, I do know when they were made," said Levine. "Early 2004 through May 2004."

"And how early in 2004?" taunted Duffy, prompting Assistant U.S. Attorney Chris Niewoehner to object.

But U.S. District Judge Amy St. Eve overruled him, letting Duffy proceed.

"I'll let this question stand," she said.

"I believe April," answered Levine.

The exchange came during the heart of a discussion with Levine about his memory of conversation at a dinner party in 2002 when he first met Rezko. Although Levine has testified that he cannot even remember the year that he pleaded guilty in the case, he said he remembers that conversation distinctly.

Duffy appears to be trying to show that Levine is either lying or can't possibly remember the events he says he does. Rezko is accused of scheming with Levine to extort bribes and kickbacks from people doing business with state boards or seeking their regulatory approval.

Duffy maintains that Levine, a one-time influential Republican powerbroker, acted on his own and is lying about Rezko's participation to protect himself. Rezko was once one of Gov. Rod Blagojevich's top political fundraisers.

While Duffy has repeatedly attacked Levine's credibility, he has yet to address the substance of telephone wiretaps in which, not knowing they were being recorded, Levine and others talk about Rezko's alleged participation.

Also on Tuesday, Duffy again renewed questioning on Levine's drug use and his spending. Levine said he handed out as much as $50,000 at Christmas to car parkers, waiters, secretaries, doormen and others.

Levine already has testified that he and a circle of friends would meet in hotels once or twice a month to take cocaine, crystal methamphetamine, Ecstasy and other powerful drugs at all-day sessions. He said the male companions were his friends and partners and he was generous with them, showering them with sizable cash gifts totaling about $100,000 a year.

The trial, expected to run into May, lost its second juror Tuesday. The juror telephoned St. Eve and reported that he was severely ill. St. Eve decided to dismiss him.

The trial still has 12 jurors and four alternates.