Dec. 03--A federal judge on Wednesday refrained from designating President Barack Obama's close friend Eric Whitaker a hostile witness in the grant scam trial of a Chicago couple.
U.S. District Judge Richard Mills wrote that he would "observe" Whitaker outside the presence of the jury and see what develops before deciding whether to take the rare step of declaring him a hostile witness.
The move comes as federal prosecutors still are trying to decide whether to call Whitaker, a former state public health agency chief, to testify. Prosecutors had sought to have the "hostile witness" designation placed on Whitaker, saying he had not been fully cooperative.
The U.S. attorney's office in Springfield maintained Whitaker agreed in December 2012 to cooperate with its investigation but has declined to meet with prosecutors since at least last spring. Prosecutors also said Whitaker has refused to answer questions "concerning his personal relationship" with a former chief of staff who oversaw grants at the center of the trial.
Whitaker is not charged with a crime. On trial are Leon and Karin Dingle, who are charged with money laundering, mail fraud and conspiracy to defraud the state's faith-based initiatives pushed under now-imprisoned Democratic Gov. Rod Blagojevich.
The government has alleged as much as $3.7 million of the grant money designated to fight cancer and AIDS instead helped the Dingles pay for luxury cars, yacht club expenses and vacation getaway spots in Savannah, Ga., and Hilton Head, S.C. Both Dingles have pleaded not guilty and have been on trial for weeks.
The state grant investigation already has snared Quinshaunta Golden, who was Whitaker's chief of staff. Golden, who oversaw the public health grants, pleaded guilty in April to bribery, theft and obstruction of justice.
Prosecutors maintained they pressed Whitaker now because he "has direct knowledge and potentially exclusive knowledge concerning Dingle and Golden."
In his ruling Wednesday, Mills said prosecutors had "presented significant evidence" that Whitaker and Leon Dingle "had a relationship at the time relevant to matters at issue in this trial. Given that, and Dr. Whitaker's refusal to comply with the cooperation agreement, it appears there is a basis to finding that he is a witness identified with (Leon) Dingle and a witness hostile to the government.
"However," Mills continued, Dingle's attorneys have a "strong argument" that Whitaker should not be a hostile witness. Prosecutors would have more leeway in their questioning of Whitaker if he were declared a hostile witness.
In their motion, prosecutors also alleged that Whitaker was given an award by a medical association that benefited from $50,000 siphoned from state grants. They contend Whitaker himself had solicited a $25,000 contribution for the group from an unnamed person to be a co-chair of the event where Whitaker would be honored.
Whitaker's spokeswoman has said he has cooperated and would answer questions truthfully if he is called as a witness.
rlong@tribpub.com
