A crucial appeal deadline appears to have passed without any action by convicted former Ald. Edward M. Burke’s attorneys, signaling he won't file a challenge in the criminal case that capped his lengthy political career.
U.S. District Judge Virginia Kendall told Burke at the end of his sentencing hearing last month that he’d have 14 days after she entered her judgment on the court docket to file a notice of appeal. She filed judgment June 26 but then amended it to address a clerical error June 27.
No notice of appeal has been filed in the two weeks that followed.
Burke’s attorneys won’t comment.
Assuming no last-minute notice materializes, it means the prosecution of Chicago’s longest-serving City Council member could finally be at its end. A jury’s verdict last year finding Burke guilty of racketeering, bribery and attempted extortion would stand.
Meanwhile, Burke is due to report to prison to begin serving a two-year sentence on Sept. 23.
Burke, his supporters and attorneys seemed to celebrate that result at the end of his sentencing hearing June 24. Challenging it could be a gamble and perhaps explains why Burke is not quibbling.
Prosecutors wanted Kendall to hammer Burke, 80, with a harsh 10-year prison sentence that they said already took into account his advanced age.
“He abused and exploited his office by pursuing his own personal and financial interests over a course of years,” they argued in a court memo. “Again and again, Burke used his significant political power to solicit and receive bribes from entities with business before the City of Chicago — all so he could obtain legal business for his private law firm.”
Kendall said she was struck by hundreds of letters written to her on Burke’s behalf, praising him for acts of charity, goodwill and altruism. She also said she was “uncomfortable” with the deal struck by prosecutors and former Ald. Danny Solis (25th).
Solis agreed to gather evidence against Burke and other powerful politicians for the FBI after agents confronted him with evidence of his own alleged wrongdoing. His deal means he will likely not even be convicted of a crime, let alone go to prison.
It’s still unclear where Burke could serve his prison sentence. In her written judgment, Kendall formally recommended he be sent to a prison camp in Oxford, Wis.
A jury convicted Burke in December on 13 counts after hearing from 38 witnesses over 16 days of trial testimony. The case against him involved schemes related to the Field Museum, the Old Post Office straddling the Eisenhower Expressway, a Burger King in Burke’s 14th Ward and a Binny’s Beverage Depot on the Northwest Side.
Burke tried to squeeze developers involved with the Burger King, Old Post Office and Binny’s for business for his private tax appeals law firm, Klafter & Burke. He threatened officials at the Field Museum when they failed to respond to his recommendation of the daughter of ex-Ald. Terry Gabinski (32nd) for an internship.
Burke’s lawyers argued for a new trial in the weeks before his sentencing hearing. Kendall denied their request June 21.
His convicted co-defendant, developer Charles Cui, is set to be sentenced Aug. 16.
