Cook County Circuit Judge Richard F. LeFevour`s trial on corruption charges began Monday with a confrontation involving the defendant and U.S. District Judge Charles R. Norgle over a ruling barring 50 defense witnesses from testifying that LeFevour regularly dismissed traffic tickets without demanding bribes.
LeFevour, the former supervising judge of Traffic Court, is charged with racketeering, mail fraud and income tax violations. He was indicted as part of the federal Operation Greylord investigation of court corruption.
He is accused of fixing drunken driving cases and parking tickets in return for a total of $25,000 in bribes and free use of automobiles.
Norgle`s ruling drew an immediate reaction from LeFevour, who approached the bench and testily challenged Norgle, contending, ”I can`t defend myself.”
LeFevour, presiding judge of the 1st Municipal Division until he took a paid leave of absence last June, told Norgle, ”I`m a lawyer . . . and you are telling me I can`t tell this jury what my daily activities were at Traffic Court . . . to let them know the volume, the structure of the court and the work of the court as the chief administrative judge here?”
Norgle sat stone-faced as LeFevour talked. ”I can`t defend myself by telling this jury what occurred on a day-to-day basis?” he asked.
”Is that right? I would like to make a record,” LeFevour declared. ”I would like to know is that what you`re telling me? I`m limited to what occurred maybe two minutes as opposed to an eight-hour day?”
Norgle did not look at LeFevour or acknowledge his questions. Instead, he gazed at Patrick A. Tuite, one of LeFevour`s lawyers, and said: ”Mr. Tuite, I have issued you a nine-page opinion. It speaks for itself. I suggest you confer with your client.”
The outburst occurred as prosecutors and defense lawyers began questioning 69 prospective jurors.
Seven women and five men were selected to hear the trial of the 72-count indictment against LeFevour. Included on the panel are an auto mechanic, a Defense Department employee, a medical secretary, a stationary engineer, a manufacturing plant superintendent and two retirees. Selection of four alternate jurors was scheduled for Tuesday morning. The case is expected to last about six weeks.
In ruling that the defense cannot present the testimony of witnesses whose cases were tossed out, Norgle`s opinion said that there were no local court rules, Supreme Court rules or any previous court decisions authorizing a judge to dismiss a case in his chambers ”in a relatively cursory fashion with little examination or scrutiny of underlying facts.”
LeFevour`s lawyers had hoped to show through the testimony that the defendant had ”complete authority and discretion” to ”nonsuit,” or dismiss, traffic tickets. The evidence, the defense believes, would show that the dismissals, without a fee, were part of ”an overall philosophy regarding the operation of Traffic Court.”
Norgle`s opinion stated that the evidence may ”confuse and mislead the jury” and that any value it would have would be outweighed by ”undue delay, waste of time and the needless presentation of cumulative evidence.”
LeFevour, 53, is the highest-ranking judge to be indicted in the nearly four-year Greylord investigation.
The case pits crack lawyers on both sides in a battle that one knowledgeable source predicts will be ”down and dirty.”
Twenty-seven people, including five judges, have been charged as a result of the investigation. Seventeen of them, including two judges, have been convicted. A third judge was acquitted, and the rest are awaiting trial.
In addition to alleging that LeFevour took cash bribes and other favors in return for fixing drunken driving cases and other traffic cases, the indictment accuses him of organizing a ”hustlers bribery club,” which funneled $2,000 a month in payoffs to him in return for allowing a small band of lawyers to seek clients in certain courtrooms.
The cast of characters and their backgrounds:
The defendant. Before coming under the storm clouds of Greylord, LeFevour was considered one of the most respected judges in Cook County. As supervisor of Traffic Court, the largest such court in the nation, LeFevour was known as an innovator who instituted the system of allowing a defendant to view a traffic safety film in return for being discharged. He is the son of a Chicago police captain and is a graduate of Loyola University Law School. A former resident of Oak Park, LeFevour now lives in Chicago. He was appointed presiding judge of the 1st Municipal Division in 1981.
The judge. This will be the first high-profile case for Norgle, who has been on the federal bench only since last fall. Norgle, 48, has developed a reputation as a no-nonsense jurist who runs a tight courtroom. Earlier in the LeFevour case, he reprimanded defense lawyer Tuite for referring to government witnesses as ”stool pigeons.” Norgle was a Circuit Court judge in Du Page County before being appointed to the federal bench.
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The witnesses. Though there are expected to be more than 100 witnesses, the key ones for the government number fewer than 10. The most prominent will be James R. LeFevour, 57, cousin of the judge and a former Chicago police officer. He has pleaded guilty to income tax charges, and he will be sentenced after he testifies in this trial. He testified in the trial of Associate Cook County Circuit Judge John M. Murphy that he was the ”eyes and ears” of his cousin. Murphy was convicted last June on charges of extortion, mail fraud and racketeering and was sentenced to 10 years in prison. In that trial, James LeFevour said that Judge LeFevour had fixed dozens of drunken driving cases for $100 each. He also testified in the Greylord trial of Circuit Judge John Laurie, who was acquitted last August on charges of extortion, mail fraud and racketeering.
Other witnesses for the government will include two other police officers, Arthur McCauslin and Lawrence McClain, both of whom have pleaded guilty to income tax violations and are expected to say that they delivered bribes to Judge LeFevour. Harry Kudesh, a lawyer, is listed as a government witness and is expected to say that he delivered money to the judge.
The jury. A special panel of 69 individuals was assembled in the Dirksen Federal Building for jury selection, which began Monday. At the request of the prosecutors and defense lawyers, Norgle ordered the special group assembled because of the length of the trial.
The prosecution. The three-member government prosecution team is led by former U.S. Atty. Dan Webb, considered by many peers and judges to be one of the top trial lawyers in Chicago. Under a special agreement with the Justice Department, Webb is returning from private practice to try the case. His top successes while U.S. attorney came in the convictions of Murphy and of the Marquette 10 police officers who were found guilty of accepting bribes to overlook the sale of narcotics. Joining Webb are Daniel Reidy and Candace Fabri, both veteran assistant U.S. attorneys who have worked on the Greylord investigation since its inception. Reidy is considered one of the chief architects of the Greylord project.
The defense. Tuite spearheads the defense and is considered one of the top defense lawyers in Chicago. His most celebrated acquittal was that of Laurie. Joining Tuite are Cynthia Giacchetti and David Mejia. Giacchetti is a former federal prosecutor who has tried cases with Webb. Mejia codefended Laurie with Tuite.