Feds ask judge to reject indicted Ald. Carrie Austin's bid to be declared unfit for trial
CHICAGO (CBS) -- Federal prosecutors have asked a judge to reject indicted Ald. Carrie Austin's request to be declared medically unfit to stand trial on bribery charges, arguing the 34th Ward alderwoman hasn't met the "bare minimum" of proof to support her claim that she wouldn't be able to make it through a trial.
Austin and her chief of staff, Chester Wilson Jr., were indicted last year on federal charges accusing them of taking bribes from a construction company seeking Austin's support for a development in her ward. Both have pleaded not guilty.
In a motion filed last month, Austin's attorneys asked to have her case severed from Wilson's, and that she be declared medically unfit to stand trial due to a number of chronic health problems.
Austin's attorneys said she suffers from several ailments that have left her unable to sufficiently help her attorneys prepare for trials – including a history of heart problems and gastrointestinal problems, and a prior bout with breast cancer.
"Ms. Austin is not medically fit to stand trial based on these serious medical conditions. This representation is not made lightly. It is made in good faith and out of an abundance of concern that Ms. Austin simply will not make it through the stress of trial or the difficult pretrial preparation," her attorneys wrote.
On Friday, federal prosecutors asked U.S. District Judge John Kness to deny Austin's request, arguing she had provided insufficient evidence to support her claim that she's not fit to stand trial.
"Not even the bare minimum of a medical expert's report detailing how and why a trial would cause a substantial danger to her life or health accompanied her motion. Nor could she provide the necessary evidence," prosecutors wrote. "This Court should not nullify the indictment against Austin and immunize her from prosecution based simply on say-so."
Federal prosecutors also argued that Austin's claim that she is unfit to stand trial "is contradicted by the evidence of all her recent activities."
While Austin has announced that she will resign from the City Council due to her medical condition, prosecutors noted she does not plan to step down until March, after the upcoming city elections, and since asking to be declared unfit to stand trial, has attended multiple hours-long City Council and committee meetings.
"Even now, she insists that she will continue to work as an alderman for the next three months. Despite her claim about the need to avoid undue stress, this evidence indicates stress will not negatively impact her health to such an extent as to necessitate nullifying the indictment against her," prosecutors wrote. "Austin points to no sudden deterioration in her health—certainly no sudden changes dramatic enough to degrade her functioning from a working alderman to incompetent.
Prosecutors also said that the FBI conducted "limited surveillance" of Austin after she made her request, and saw her twice visit a salon for three hours, and neither time saw her using oxygen. Agents also saw her go to a doctor's office unassisted last month, and only saw her using an oxygen mask when she was leaving.
Prosecutors said granting Austin's request would effectively "nullify the indictment against her," and deny the public's right to have the charges against her resolved in a timely manner. They said, due to Austin's medical issues, a trial date should be set as soon as possible, and if needed, the court can take measures to address her health problems, such as having shorter trial days, taking extra breaks during the trial, monitoring her symptoms in court, or having medical personnel on hand.
"Currently, however, the need is theoretical, because there is no medical evidence that a trial will have an adverse effect on Austin's health," they wrote.
Austin's defense attorney, Tom Durkin, said "we are struck by the cavalier attitude of the government that completely and callously ignores the voluminous medical records we provided."
"We also are bemused that the FBI saw fit to conduct surveillance on Ms. Austin's recent comings and goings. Do they have nothing better to do?" Durkin said.
Austin's attorneys plan to respond in more detail to prosecutors' filing in a brief that is due by Jan. 6, 2023.
No trial date has yet been set.