Prosecution rests; Rezko to present no defense witnesses

Antoin "Tony" Rezko's defense attorneys staked their case Monday on the prospect that jurors have found more credibility problems than compelling evidence during weeks of testimony from prosecution witnesses.

That's the most plausible conclusion to be drawn from lead defense attorney Joseph Duffy's surprise announcement Monday that he will neither call defense witnesses nor put his client on the stand. No defense presentation is needed, he told reporters outside the courtroom, because the government has failed to make its case against Rezko, a longtime associate of and top fundraiser for Gov. Rod Blagojevich.

After federal prosecutors rested their corruption case Monday, Duffy said, "We do not think that the government has met their burden in proving the charges against Mr. Rezko, plain and simple."

Duffy made his remarks outside of jurors' presence, and Judge Amy St. Eve has instructed jurors to scrupulously avoid all news coverage. She also told jurors not to read anything into the defense team's decision not to call witnesses. Still, Rezko's attorneys may hope that jurors will nonetheless interpret their decision to skip any defense presentation as a signal that they believe the government has fallen short.

In that vein, Duffy tried Monday to portray prosecution witness Ali Ata, cooperating with prosecutors as part of a plea deal on charges of tax fraud and lying to federal agents, as a businessman who knowingly played fast and loose with tax law in contexts having no relationship to Rezko.

Duffy also challenged Ata to document any of his contributions to Rezko.

"We have no records to corroborate the cash you say you gave to Mr. Rezko, is that correct?" Duffy asked.

"That's correct."

"We have no records to corroborate meetings you say you had with Mr. Rezko weekly or biweekly?"

"No, not from me."

"What we have, where we have no records," Duffy said, "is your word, correct?"

"My deal was to tell the truth…"

"What we have in this is your word, isn't that right?"

"As far as I know."

"Sir, you are a convicted liar, are you not?"

"Yes," Ata said quietly.

Ata told jurors last week that he gave Rezko a total of $125,000. At least $50,000, Ata testified, was made in the form of campaign contributions to Blagojevich.

In blatant exchange, Ata testified, Blagojevich and Rezko gave him a job as executive director of the Illinois Finance Authority, a post he held for two years. Ata testified that Rezko told him some of the cash was needed to pay contractors owed money for renovation work on Blagojevich's Chicago home.

Rezko, 52, of Wilmette, faces a series of federal corruption charges. The essence of the government's case is that Rezko, exploiting Levine's position on two state boards, schemed with Levine to extort roughly $8 million in kickbacks and campaign contributions from those seeking to do business with the state.

In scheduling continuation of the trial for next week, St. Eve emphasized that attorneys for both sides will have as much time as they need for closing arguments. But she sketched out the possibility that jurors could receive the case by Thursday.