Cook County Commissioner William Beavers is alleging that a letter sent to his attorneys from federal prosecutors corroborates what he has said from the day he was charged – that the government wanted him to cooperate against other high-ranking elected officials and then indicted him when he refused .
Beavers, who faces trial Monday on income tax charges, accused the U.S. Attorney’s office of a “vindictive prosecution” for filing the tax charges after his refusal to cooperate, according to a filing late Wednesday by Beavers’ legal team.
A hearing on several issues in the case is scheduled before U.S. District Judge James Zagel for this afternoon.
Federal prosecutors responded to Beavers’ allegations later in the day, calling the vindictive prosecution claim “wholly unsupported and without merit.”
“In fact, the government sought an indictment against defendant for no reason other than reasonable cause to believe defendant had violated that law,” prosecutors said in the court filing.
At a hearing this afternoon, U.S. District Judge James Zagel barred Beavers’ lawyers in opening statements to the jury from raising the issue of whether federal agents sought Beavers’ cooperation.
“It’s simply not relevant,” Zagel said. “That the government would ask for someone to cooperate is pretty commonplace.”
According to the defense filing, federal agents told Beavers about their criminal probe of him on April 21, 2009, and sought his cooperation. The filing suggested that the names of then-County Board President Todd Stroger and Commissioner John Daley were mentioned during the interview.
“I am not a stool pigeon,” one agent recalled Beavers declaring during the meeting.
Beavers’ attorneys also criticized the government for not revealing the contents of the interview until the eve of trial and accused them of withholding the information.
“Government agents approached him and asked him to cooperate against other public officials,” the filing reads. “When Beavers refused, in retribution, the government empanelled a grand jury and indicted him. The message from the government is clear: had Beavers cooperated, the charges would not have been brought. … The impropriety of the government is exacerbated by the late disclosure of the cooperation request via letter to the defense four days prior to trial.”
Following his arrest, Beavers told the news media that the FBI asked him to wear a wire John Daley but that he refused. Daley denied any knowledge of an investigation and accused Beavers of trying to shift the focus from himself.
