U.S. Attorney Patrick Fitzgerald's Office Under Investigation by Congressional Committee for Manufacturing Evidence, Forcing Witnesses to Lie to Gain Conviction

Congressional Subcommittee to call witnesses today. Investigation includes the conviction of a former Chicago real estate developer and attorney who submitted evidence to the committee showing he was framed by Fitzgerald's office when he refused to lie for prosecutors in their case against Gov. George Ryan.

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(PR NewsChannel) / December 10, 2009 / Washington, D.C. / In an apparent expansion of a four-year congressional investigation of United States Attorney for the Northern District of Illinois Patrick Fitzgerald's office, a U.S. House Judiciary Subcommittee will call witnesses today to determine if the prosecutor's office manufactured evidence and forced witnesses to lie to obtain a 2003 conviction of a then prominent Chicago real estate developer and attorney.

After his trial and conviction, Peter Palivos, 51, presented the committee with evidence showing that prosecutors forced witnesses to lie against him or face charges themselves.

"They wanted to frame me to get me to become a witness against George Ryan, but I have nothing incriminating to say against the man," Palivos said in Oct. 2005 (http://cbs2chicago.com/topstories/Peter.Palivos.2.321955.html).

After hearing the evidence, which includes sworn affidavits from witnesses who say there were forced to lie about Mr. Palivos, three separate House Judiciary Subcommittees asked the U.S. Justice Department to investigate "possible prosecutorial misconduct" by Fitzgerald's office.

Though the investigation has apparently been ongoing for nearly four years, this is the first time it has become public.

The committee's investigation is seeking to discover the scope of wrongdoing involved after failing to get satisfactory replies from the U.S. Dept. of Justice, which committee members believe should have followed up on its discoveries.

WHO IS U.S. ATTORNEY PATRICK FITZGERALD?

Besides being the current United States Attorney for the Northern District of Illinois, Fitzgerald is also a member of the U.S. Department of Justice Office of Special Counsel.

He was the federal prosecutor in charge of the investigation of the Valerie Plame affair, which led to the prosecution and conviction of Scooter Libby, Vice President Dick Cheney's chief of staff.

He has also been involved in high-profile cases, including former Ill. Gov. George Ryan and several aides to Chicago Mayor Richard Daley. His office is currently investigating an alleged plot to sell Barack Obama's vacated U.S. Senate seat to the highest bidder, which led to the arrest of Ill. Gov. Rod Blagojevich on December 9, 2008--one year ago yesterday--and to his impeachment a few months later.

Gov. Blagojevich has steadfastly proclaimed his innocence.

Antoin "Tony" Rezko, a former campaign contributor to President Obama, convicted in 2008 of fraud and bribery, wrote a letter to his sentencing judge saying Fitzgerald and his prosecutors were pressuring him to lie against then Sen. Barack Obama and Gov. Blagojevich when neither was involved in wrongdoing. (Rezko letter)

Blagojevich's former fundraiser, Chris Kelly, committed suicide after admitting to bribery in an unrelated case to obtain government contracts. Before his death, Kelly suggested he was being squeezed by Fitzgerald's office, suggesting that prosecutors were pressuring him to cooperate with their investigation of Blagojevich, which he refused to do.

SCOPE OF U.S. HOUSE JUDICIARY INVESTIGATION

The U.S. House Judiciary Committee, which has the oversight and authority to investigate the judiciary branch of the U.S. government, began examining the Palivos case nearly four years ago.

Palivos alleges that he was convicted on a concocted obstruction of justice charge after he refused to lie for prosecutors in their investigation of former Ill. Gov. George Ryan, who is serving time in federal prison on corruption charges.

Palivos says he was told by federal agent Thomas Heinzer that he would be 'framed with that crime' unless he cooperated in the office's investigation. When he did not, he was subsequently indicted and convicted.

"For my honesty I earned the wrath of U.S. Attorney Fitzgerald’s office. That office proceeded to create an obstruction of justice crime against me by bullying witnesses and defense attorneys and they even manufactured evidence. These prosecutorial misconduct methods succeeded in wrongfully indicting, convicting and imprisoning me."

Following Palivos' trial, witnesses gave the House Judiciary Committee sworn affidavits “stating that they were forced to lie and the prosecutors on the case engaged in misconduct” in his case, prompting the committee to expand its investigation.

The documents the committee received also contained evidence, which appeared to show federal prosecutors prepared a false affidavit, falsified interview statements, threatened a defense attorney with a trumped-up obstruction of justice charge if he filed a motion, suborned perjury and withheld exculpatory evidence that would have prevented the imprisonment of an innocent man--Mr. Palivos.

On March 30, 2009 the Chairman of the Subcommittee on the Courts and Competition Policy, U.S. Congressman Hank Johnson in a letter regarding Mr. Palivos' case, wrote, "It appears his case is a good example of prosecutorial misconduct." (Misconduct suspected)

On May 7, 2009 the House Judiciary Chairman John Conyers and Subcommittee Chairman Johnson wrote a joint letter to Attorney General Holder requesting a “fresh examination” of Mr. Palivos’ case and for the DOJ to produce six federal prosecutors and agents for interviews: Asst. U.S. Attorney Patrick Collins, Small Business Administration Agent Thomas Heinzer, AUSA William Hogan, AUSA Marsha McClellan, AUSA Pierre Talbert and former AUSA Eric Wilson.

The U.S. House Judiciary Subcommittee On Courts and Competition hearing is scheduled for 1:00 PM in the Rayburn House Office Building, Room 2237 on Thursday, December 10, 2009. 

House Judiciary's web site: http://judiciary.house.gov  Phone: 202-225-3951.

TIMELINE:

October 23, 2007: Peter Palivos case mentioned by HJC Subcommittee as warranting "additional scrutiny and committee action." (Palivos case warrants action)

January 16, 2008: Letter to DOJ written by HJC Chairman John Conyers and Congressman Bobby Scott, Chairman of the Subcommittee on Crime, Terrorism, and Homeland Security. (Conyers to DOJ letter)

February 29, 2008: DOJ responds with letter to Chairman Conyers. (DOJ response)

March 30, 2009: HJC Subcommittee Chairman Hank Johnson concludes misconduct occurred in Palivos case. (Misconduct suspected)

May 7, 2009: HJC Chairmen Conyers and Johnson write letter to Attorney General Holder requesting a “fresh examination” of Mr. Palivos’ case. (Chairmen letter to Holder)

July 10, 2009: Assistant Attorney General Weich writes DOJ response with similar language from previous letters seemingly disregarding a ‘fresh examination’ of the case.  (AAG Weich response)

Dec. 10, 2009: Hearing before the House Judiciary Subcommittee on Courts and Competition.  Chairman Johnson is expected to mention the Palivos case and Mr. Palivos and his wife, Vicky, will sit in the front row for the hearing. However, the hearing today is about judicial recusals, not prosecutorial misconduct or U.S. Attorney Patrick Fitzgerald.

Media Contacts:
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Patrick Flanary
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