Cellini attorney says he’ll file mistrial motion

A lawyer for a clout-heavy Illinois businessman recently convicted of conspiring to shake down a Hollywood producer said Friday he will ask a judge to overturn the verdicts on the grounds that one juror failed to disclose her felony criminal record — though legal experts say the bid for a reversal is still a long shot.

William Cellini’s lead attorney told The Associated Press that the former Illinois power broker’s legal team will request that U.S. District Judge James Zagel on Monday throw out the 77-year-old’s two convictions and hold a second trial because the juror wasn’t forthcoming during jury selection.

“This is critical information that has been called to our attention,” said defense attorney Dan Webb. The former U.S. attorney added that individuals with felony convictions aren’t permitted to serve on federal juries, saying, “It’s not even a judgment call.”

Citing court records, the Chicago Tribune reported Friday that a woman with the same name, age and address as the juror pleaded guilty to crack-cocaine possession in 2000 and aggravated driving under the influence without a license in 2008.

Cellini’s monthlong trial was the last scheduled trial stemming from a decade-long investigation of ousted Gov. Rod Blagojevich. Jurors convicted the Springfield Republican on Nov. 1 of conspiring to extort the Oscar-winning producer of “Million Dollar Baby” for a $1.5 million donation to the Democrat governor’s campaign fund.

There appears to be some disagreement about whether a felon can sit on a jury or under what circumstances.

The U.S. attorney’s office issued a brief statement Friday to say that convictions are not an automatic disqualification for jurors, noting Illinois law restores the civil rights of convicted felons after they complete their prison sentences or other punishment.

“Thus, a person who has completed his or her sentence on a felony conviction is not disqualified from serving on a federal jury,” the statement from prosecutors’ spokesman Randall Samborn said. He went on to say that jury verdicts are held in the highest regard under the law and “should not be lightly disturbed.”

Court officials acknowledged to the Tribune that the female juror in question didn’t disclose her convictions in her juror questionnaire. She had indicated a relative was convicted, but in questioning by the judge she didn’t seem to indicate the person was her, the newspaper reported.

Legal experts say the hurdle defense attorneys must clear to convince a judge to throw out a verdict, no matter how imperfect the jury, is extremely high.

“It’s virtually impossible for jury misconduct or anything else to overturn a verdict, especially in federal court,” said former federal prosecutor Phil Turner. “If the defendant overall received a fair trial and the evidence was overwhelming, judges will say one juror lying doesn’t matter.”

Cellini, once known in political circles as the King of Clout because of top-tier contacts, was convicted of conspiracy to commit extortion and aiding and abetting the solicitation of a bribe, which carry a combined maximum penalty of 30 years in prison.

If the judge grants a retrial, Webb explained, Cellini would face only the two counts jurors convicted him on and not the two counts jurors acquitted Cellini of — attempted extortion and conspiracy to commit fraud.

The revelation about the Cellini juror echoes another high-profile corruption trial in Illinois.

During deliberations at the 2006 trial of former Gov. George Ryan, reports revealed that two jurors had not disclosed their arrest records. Both were taken off the jury and replaced by alternates. The refashioned jury later convicted Ryan, a Republican.

Even if the Cellini juror lied about her criminal past, she is unlikely to face contempt of court or perjury charges, explained Thaddeus Hoffmeister, who teaches law at the University of Dayton in Ohio.

“As a rule, these people never get prosecuted,” he said. “Courts badly need people to serve on juries. And if people see that some jurors are being sent to jail — for lying or maybe just forgetting something — it could have a chilling effect on others called to jury duty.”