April 13--Lawyers for Dennis Hastert said in a court filing unsealed Wednesday that the former U.S. House speaker had no recollection of alleged sexual abuse decades ago of a former Yorkville High School wrestler who is scheduled to testify about the incident at Hastert's upcoming sentencing.
The filing also said Hastert "deeply regrets" another alleged incident with a different wrestler -- identified only as Individual A -- during a massage in a motel room but questioned whether it rose to the level of sexual abuse.
"While undoubtedly many would consider this episode as described by Individual A, consisting as a groin rub for a groin pull and a massage, to be misconduct, we are not so certain that the incident qualifies as sexual misconduct, especially for a coach and trainer 43 years ago," his lawyers wrote.
The comments were made in a 14-page filing objecting to a recommendation from probation officials that Hastert receive prison time when he is sentenced later this month. The filing also objects to recommendations that Hastert undergo a "sex offender assessment" and submit to a lie-detector test to "reveal any recent misconduct."
Hastert's lawyers initially filed the document under seal, arguing that it contained references to the probation department official's six-page recommendation that is typically not part of the public record. But U.S. District Judge Thomas M. Durkin ordered the document unsealed Wednesday during a court hearing.
In a court filing Friday, prosecutors said Individual A alleged that Hastert had him stay in a motel room overnight with him while returning from a wrestling camp. Individual A had complained about a groin pull, so Hastert said he wanted to check it out and began massaging his groin area after telling him to remove his underwear, prosecutors said.
When it became clear that Hastert was touching him in an inappropriate way, Individual A jumped off the bed, but he said he was confused and embarrassed and apologized to Hastert. He told authorities Hastert massaged his back and the two slept on the same bed.
In the document unsealed Wednesday by the judge, Hastert's lawyers revealed that a lawyer for Individual A threatened to sue Hastert if he doesn't cough up the remaining $1.8 million he owed in hush money, plus interest. The threat was made in a letter sent by the lawyer in January, the filing said.
Attorney Kristi Browne confirmed to the Tribune she represents Individual A, a former standout wrestler from the 1970s who Hastert paid $1.7 million in hush money, but she declined further comment.
It was also revealed that FBI agents wore hidden recorders and secretly recorded Hastert when he was first questioned in December 2014 about hundreds of thousands of dollars in unusual bank withdrawals he'd recently made.
According to the filing, Hastert told agents he "didn't know" that bank rules required him to report any withdrawals over $10,000 to regulators.
"I exposed myself to a crime that I didn't know I was involved in," Hastert was quoted in the filing as saying. He also told agents he was keeping the cash in a "safe place," the filing said.
Meanwhile, in court Wednesday, Durkin signaled he will consider at Hastert's upcoming sentencing that the former U.S. House speaker lied to federal authorities about being extorted over false claims of sexual abuse decades ago.
"That's not conduct that's 40 years old. That's conduct that's a year old," Durkin said at a hearing Wednesday. "Among the aggravating factors in this case, that's a big one."
At issue is whether Hastert, 74 and said to be in ill health, will be sentenced to prison or placed on probation.
In their filing last week asking for up to six months in prison for Hastert, prosecutors said he lied in a February 2015 proffer session that Individual A was extorting him for $3.5 million over false claims of sexual abuse when Hastert was the coach of the school's wrestling team.
Prosecutors said they did not intend to seek a boost in Hastert's sentence based on the misrepresentations. But the judge made it clear he was going to consider it when he imposes sentence -- a clear setback for Hastert's attorneys who have asked for probation.
Also Wednesday, prosecutors said they believe another former wrestler of Hastert's -- identified only as Individual D -- will testify under oath at the sentencing. Individual D told authorities that Hastert performed a sexual act on him in the school locker room when he was 17.
Jolene Burdge, the sister of a third alleged victim, is also expected to tell the court how her now-deceased brother had told her Hastert had sexually abused him throughout high school, prosecutors said. He was equipment manager for the wrestling team.
Hastert faces anywhere from probation up to five years in prison when he is sentenced April 27. He pleaded guilty to one count of illegally structuring bank withdrawals to avoid reporting requirements, admitting in a plea agreement that he'd paid $1.7 million in cash to Individual A to cover up the sexual abuse.
In a 26-page filing last week, prosecutors alleged Hastert sexually abused five students when he was a high school teacher and wrestling coach in Yorkville. The abuse allegedly occurred in hotel rooms during team trips and in empty locker rooms, often after Hastert coaxed the teens into a compromising position by offering to massage them.
Prosecutors alleged that Hastert performed a sex act on two wrestlers at separate times and inappropriately touched two other wrestlers once each while giving them massages. The filing also alleged that Hastert set up a La-Z-Boy-type of chair outside the locker room's showers in order to sit and watch the boys.
Shortly after Hastert was approached by the FBI in December 2014 about numerous high-dollar bank cash withdrawals, he told authorities he was being extorted by a former student who had made false claims of sexual abuse against him, prosecutors said. In March, Hastert recorded calls with Individual A, but investigators noted that Individual A's tone and comments did not sound like someone committing extortion. Hastert's lies soon unraveled.
In a footnote in their sentencing filing, prosecutors said that "despite the fact that the government has determined that (Hastert) was not truthful" in his statements to investigators, they did not intend to use his lies as aggravation at Hastert's sentencing.
But in court Wednesday, Durkin signaled Hastert's false statements could become a focal point.
"He basically said Individual A was holding him up, was extorting him," Durkin said.
In asking for probation, Hastert's attorneys have said the former speaker was "profoundly sorry" for harming others and that he had chosen a career path designed to make a difference in the lives of youths. They said his accomplishments and lack of a previous criminal history should rule the day when it comes to deciding how he should be punished. Numerous letters of support have been submitted to the judge but not made public.
They've also cited his recent health issues -- including a near-fatal blood infection and minor stroke that left him hospitalized for weeks -- in seeking to keep Hastert out of prison.
John Gallo, Hastert's Chicago-based attorney, said in court Wednesday the defense did not intend to call any witnesses at sentencing.
Chicago Tribune's Christy Gutowski contributed.
jmeisner@tribpub.com
