Boender Appeal Denied

Lawyers cite attorney -client privelige

By Phil Rogers
|  Monday, Mar 8, 2010  |  Updated 1:30 PM CDT
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Courtesy: Chicago Sun-Times

Alderman Ike Carothers and developer Calvin Boender were indicted on bribery and fraud charges.

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Developer Calvin Boender's attempt to delay his trial has been shot down by an appeals court.

Lawyers for the Chicago developer who is accused of providing more than $40,000 in home improvements to ousted and convicted alderman Isaac Carothers in exchange for support on zoning changes tried to delay the trial by filing a last minute motion to keep one of Boender’s former lawyers – Dan Reidy -- from testifying.

Defense attorneys contend Reidy's testimony violates attorney-client privelige.

Prosecutors want Reidy to testify about a phony invoice that Boender allegedly prepared and backdated to make it appear he had billed Carothers for the work on his home. 

Judge Robert Dow has ruled the testimony and the introduction of the document would not violate privilege but Boender's lawyers appealed to the 7th district circuit court.

But that court didn't agree with their motion. Jury selection, which was scheduled for this morning, could start as early as tomorrow.

Carothers is slated to testify against Boender and 10 other aldermen, as well as Mayor Daley, are among the potential witnesses.

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