Judge admonishes government witness in Rezko corruption trial

Defense attorney Joseph Duffy isn't the only one getting annoyed by Stuart Levine.

On Thursday, the judge in the corruption trial of Antoin "Tony" Rezko admonished Levine, the government's star witness, to basically drop the editorials and answer the questions posed by Duffy, Rezko's attorney.

"Please listen to the question … and answer the question," U.S. District Judge Amy St. Eve told Levine while the jury was out of the room on a break. "You are not here to engage in a conversation. … You are in your third week of testimony. At the rate we're going you're still going to be on the stand in May."

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St. Eve was referring to Levine's propensity to refuse giving a simple "yes" or "no" to Duffy's questions.

A typical exchange came before the admonishment, as Duffy tried to pin Levine down on when he had a conversation with Thomas Beck, chairman of the Illinois Health Facilities Planning Board in 2004. During the talk, Beck told Levine that Rezko had instructed Beck to move forward with a vote on April 21, 2004.

"If I would be allowed to review the conversations between Mr. Beck and myself #8230; I will be very happy to point out to you where it is obvious that a change had taken place in Mr. Beck's attitude and whether Mr. #8230;" began Levine before Duffy stopped him.

St. Eve then ordered Levine's response stricken.

Levine is the key witness in the government's case against 52-year-old Rezko, of Wilmette, who was a top fund-raiser to Democratic Gov. Rod Blagojevich. Rezko faces extortion and mail fraud charges for allegedly conspiring with Levine to shake down businesses for political donations in exchange for contracts.

Levine tends to get wordy when presented with questions that do not mesh with his previous answers or do not fit into the government's theory of events.

Before the response above, for example, Levine had testified Wednesday there was a recorded phone call in which Beck tells Levine he talked with Rezko and Rezko specifically instructed him that a vote on approving a Mercy Hospital location in Crystal Lake had to take place on April 21, 2004.

While there is a call where Beck tells Levine that Rezko wanted to pass the Mercy project, there is no recording in evidence of any conversation in which Beck mentions Rezko specified a time frame -- even though Levine claimed he had read a transcript of such a call.

Despite St. Eve's admonishment, Levine continued afterward to give lengthy answers and spar with Duffy.

Referring to the April 21, 2004, public meeting, Duffy recalled testimony that on that day, Levine got up from his seat, conferred with two other board members in hushed tones, and then those two members voted for the Mercy project.

"You knew by the audible gasp that the audience was shocked by what had just occurred?" asked Duffy.

"What do you mean 'just occurred?' " asked Levine.

Disregarding St. Eve's admonishment is not without risk for Levine.

St. Eve is the judge who is set to sentence Levine after he is done testifying for the government. Although prosecutors have agreed to seek no more than 5#189; years in prison for Levine, St. Eve is not bound by any such agreement and can sentence Levine to far more if she so chooses.