Rezko defense tries to plant seeds of doubt

Antoin "Tony" Rezko's attorney used Monday's cross-examination of prosecution witness Stuart Levine to highlight inconsistencies in Levine's testimony and cast doubt on his claims Rezko directed schemes to extract bribes and campaign contributions from those seeking to do business with the state.

Rezko's attorney, Joseph Duffy, also attacked Levine's testimony that Rezko could steer state contracts in any direction he chose and that he helped draw up plans that would give himself $3.9 million of the $7.8 million that Levine says the pair tried to extort.

Rezko, a businessman and key fundraiser for Gov. Rod Blagojevich, is on trial in Chicago on federal corruption charges. Levine is cooperating with prosecutors in return for a recommended sentence of 5½ years.

On Monday afternoon, Duffy pressed Levine on a taped 2004 conversation between Levine and Robert Weinstein, a doctor with ties to Levine.

Transcripts have Weinstein and Levine referring to plans for Weinstein to receive $3.9 million worth of kickbacks totaling $7.8 million. Testifying earlier in the trial, Levine indicated some money was to be funneled through Weinstein en route to Rezko. Levine had testified Rezko and he drew up a plan in which Rezko would receive $3.9 million, while he and Weinstein would split $3.9 million.

Duffy said the transcript fails to support that assertion.

"You don't say to Dr. Weinstein, 'Our end is $3.9 million,' " Duffy said. "You say '$3.9 million is your end.' "

Duffy also pointed to Rezko's failure to save a contract valuable to Levine as evidence his client did not enjoy the clout Levine has attributed to him.

Early in 2004, Duffy said, state officials terminated early a dental services contract with CompDent, which at the time was paying Levine $25,000 a month in consulting fees through the life of the contract.

"Do you recall asking Mr. Rezko to help you get the contract reinstated?" Duffy asked Levine.

"Yes, sir."

"He refused to help you, didn't he?"

"Yes, sir."

"And you've told the jury over and over how powerful Mr. Rezko was, told them that he was so powerful that any contract anybody wanted, he could get it. Didn't you say that in your direct testimony?"

"Yes, sir."

By raising the point, Duffy was asking jurors how it could be that Rezko would decline to use his clout to restore up to $2.2 million in consulting fees for a man alleged by prosecutors to be his partner in corruption.

Duffy also suggested Levine's purpose in calling an April 14, 2004, meeting with Rezko at the Standard Club was not, as Levine has testified, to detail how they would divide kickback money. Levine's main interest, Duffy tried to show, was seeking Rezko's help in salvaging the CompDent contract and, by extension, his $25,000-per-month consulting income.

Duffy said Monday Levine didn't even mention that Standard Club meeting, central to the prosecution's case, until his 10th meeting with federal prosecutors after he agreed to cooperate with them.

Earlier Monday, Duffy tried to cast doubt on Levine's account of a key early meeting between Rezko and Levine. Duffy walked Levine through portions of Levine's 2006 grand jury testimony leading up to the indictment of Rezko on corruption charges. In the process, Duffy induced Levine to acknowledge his grand jury testimony made no mention of a July 23, 2003, meeting with Rezko that Levine described to jurors earlier in Rezko's trial.

Prosecutors have accused Rezko of joining Levine to shake down people wanting to win a share of investment business from the state's Teachers Retirement System pension funds. Levine was a member of the system's board before Rod Blagojevich's election as governor in 2002. After Blagojevich took office, Levine has testified, he ingratiated himself with Rezko -- a key Blagojevich fundraiser -- and struck a deal with him to demand campaign contributions for the governor in exchange for state business.

For the past week, Duffy has hammered at Levine, trying to plant doubts among jurors about Levine's memory and credibility. Duffy has pursued lines of questioning aimed at suggesting Levine's acknowledged heavy drug use has damaged his ability to recall events accurately.

Monday marked Levine's 14th day of testimony, his seventh day under cross-examination.

Obama's name comes up

Democratic presidential candidate Barack Obama's name surfaced Monday in the Antoin "Tony" Rezko corruption trial.

Rezko attorney Joseph Duffy was questioning prosecution witness Stuart Levine about an April 3, 2004, party Rezko hosted in honor of Nadhmi Auchi, a wealthy Iraqi-born businessman. At the time, according to testimony, Rezko was trying to interest Auchi in investing in a Chicago real estate deal. Levine attended the party and, when asked, said Obama and his wife also were there.