Rudd clemency petition moves to deliberations, then governor

By Gregory Harutunian For Chronicle Media

Dr. Thomas Rudd and state Rep. Rita Mayfield (D-60th), who spoke as a character witness at the executive clemency petition hearing.

A petition for executive clemency filed in January on behalf of former Lake County Coroner Dr. Thomas Rudd was heard by the Illinois Prisoner Review Board, and their recommendation will then move to Gov. J.B. Pritzker for a determination.

The July 11 session at the James R. Thompson Center in Chicago allowed the four-person board to hear the merits of a pardon for Rudd, as well as opposition from the two prosecution attorneys involved with his original indictment, and subsequent misdemeanor plea deal.

Rudd was indicted on five felony counts in February 2017, stemming from his signature as the circulator on five nominating petitions on erroneous direction from the first vice-chair of the county’s Democratic Party, and after withdrawing his candidacy. He accepted a plea agreement in March 2018, tendered by the State’s Attorney’s Special Prosecutor’s Office, for one misdemeanor charge, a monetary donation, a two-year supervision term, and an inability to run for, or be employed, by state, county, or municipal offices for five years beyond the sentence.

At issue is Rudd’s ability to work in a public capacity, effectively for seven years, and an alleged abuse of power which, generated the charges and prosecution for essentially a clerical error.

“This is extraordinary … the person is told his nominating petitions are in error, he withdraws, and he is still prosecuted,” said Jed Stone, Rudd’s defense attorney. “I will not sit silent when law enforcement severs science, medicine, and the truth. His is one of the voices of truth … in the case of Lt. Charles Gliniewicz, law enforcement kept saying it was murder, he told the truth. In the case of Melissa Calusinski, evidence showed she could not have possibly committed murder. He told the truth. This is what makes this case extraordinary.”

State Rep. Rita Mayfield (D-60th) appeared as a character witness for Rudd, and confirmed the questioned nominating petitions were signed at the consent, and in the presence of the county party’s first vice-chair. “I worked with Dr. Rudd on several high-profile cases, and with the families of the victims. He was always accessible, have facts straight, and compassionate.

“He was working with the first vice-chair, who said he could sign (as circulator), and nobody forced him to step down, but he did this for the integrity of the office.” After the hearing, Mayfield, noted, “I came today because he is man of honesty and character. He got a bum deal for trying to correct a mistake, and make it OK.”

Special prosecutors, Bernard Murray and Brian Towne, forwarded the state’s opinion against clemency and the petition.

Dr. Thomas Rudd speaks with supporters before the July 11 executive clemency petition hearing.

“It is important to uphold the integrity of the election process, and it was not even 10 months after the plea agreement that he saw a way to circumvent the justice afforded to him in a court of law,” said Murray.

Late in 2016, Rudd mounted an Independent campaign, which garnered more than 14,000 signatures on nominating petitions that were eventually challenged. Objectors stated he withdrew his candidacy, but not affiliation with Democratic Party. The objectors were represented by election law attorney Burt Odelson throughout hearings with the county’s Electoral Board of Review, circuit and appellate litigation levels in keeping Rudd off the ballot. He still received more than 8,600 write-in votes in the November general election.

When Towne presented evidence to the Lake County Grand Jury, and charges filed, Odelson stated the effort was “overkill.” He joined the defense team, but was barred from appearing in court, by prosecutors. In a letter to the prisoner review board, he listed that it was a case of election law, not criminal law. “He lost his work … it should have ended there,” Odelson said. He also noted the prosecution set a negative precedent for intimidating candidates on clerical errors, and could deter filings, while harming the electoral process.

Prosecutors also had filed a reply to the board, without notification to the defense, alleging a former coroner’s office employee, Jason Patt, said Rudd engaged in fraud with other petitions. Murray further stated there were 125 additional petitions signed by Rudd as circulator. “It’s wrong and totally ignores protocol, no notice was given, and it amounts to ambush,” said Stone. “No witnesses ever claimed that (about petitions) in court, Patt was never subjected (to cross-examination).”

Stone said later, “There are rules … you file a paper, you give notice either by phone or electronically and today, we went to work and there is a response … no notice, no service. It speaks volumes about them and what they’re doing. I would say, just because you get ambushed, doesn’t mean you get shot.”

Board Chairperson Craig Findley noted more than 35 people in attendance wearing “Pardon Dr. Rudd” T-shirts, by asking supporters to stand up. They included Paul Calusinski, Melissa’s father. Findley later said Rudd had exhibited “70 years of good citizenship,” and the infraction was “more of an aberration” than a pattern.

The board will now have up to 60 days to deliberate and forward their recommendation to Pritzker.

After the hearing, Rudd said, “I am hopeful.”