More time for indicted lawmaker's attorneys to investigate confidential source

September 26, 2012

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Attorneys for former Illinois Rep. Derrick Smith will now have more time to look over some of the evidence against the allegedly corrupt politician.

A judge ruled Wednesday that prosecutors must turn over so-called 3500 and Giglio materials to Smith’s attorneys 60 days before trial. Those materials include witness statements and any information that could be used to impeach the government’s witnesses, arrest records and professional complaints. In Chicago prosecutors usually turn over those materials 30 days before trial, but Smith attorney Victor Henderson wanted more time.

Henderson is particularly focused on learning more about a confidential source who was working for government investigators and was paid for his efforts.

“Why would a guy be on their payroll for three or four years?  Who else has he been involved with?  How much money did they pay him?  Where have they hidden him?  Those are all good questions and right now we don't know the answer to them but we will find out,” Henderson said in the lobby of the Dirksen Federal Courthouse Wednesday after a hearing.

The confidential source in the case recorded conversations with Smith, including one in which the politician allegedly accepted a $7,000 bribe. Smith was thrown out of the House,  but he’s running in the fall election. According to recent polls, he has a huge lead despite his indictment for taking a bribe.