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State Rep. Goes On Trial For Perjury, Forgery

Attorney General Claims Bailey Used False Addresses In Filing For Candidacy

POSTED: 2:00 pm CST November 29, 2005
UPDATED: 2:23 pm CST November 29, 2005

Illinois Rep. Patricia Bailey (D-Chicago) was scheduled to stand trial Tuesday on charges she lied about her home address on several occasions leading up to the 2004 primary election.

Patricia Bailey
Patricia Bailey
Bailey has waived her right to a jury, and was to have Criminal Court Judge Diane Gordon Cannon decide her guilt or innocence on charges of perjury, forgery and mutilation of election materials, according to Melissa Merz, a spokeswoman for the Illinois Attorney General's Office.

Bailey has pleaded not guilty to all charges, and was free on a $10,000 recognizance bond set by Cannon at her arraignment in October 2004.

The trial was scheduled to begin at 10 a.m. Tuesday, Merz said.

Bailey's trial had initially been scheduled for April, and then rescheduled for August, but was delayed after Bailey told the judge she was taking antidepressant medication.

A court-ordered examination determined Bailey is fit to stand trial, according to court records.

Bailey, who was first elected in 2002, won the March 2004 Democratic primary for the 6th District of the Illinois General Assembly, beating out former state Rep. Jerry Washington and onetime death row inmate Aaron Patterson, who was later convicted of federal firearms and drug charges.

After the election, Illinois Attorney General Lisa Madigan launched an investigation into claims that Bailey did not actually live in the South Side district when she filed her statement of candidacy for re-election, according a news release from Madigan's office.

In September 2004, a Cook County grand jury handed down the indictment alleging Bailey listed her home address as 4538 S. Hermitage Ave., No. 1R, but that she did not actually live there, according to the release.

One of the perjury counts accuses Bailey of violating the state election code, while the other alleges a violation of the state criminal code, according to the news release.

Last August, a grand jury handed down a second indictment, alleging Bailey used false addresses when registering to vote in 2002, according to Merz.

Tuesday's trial will be for both indictments, Merz said.

If convicted of any of the felonies, Bailey would be required to forfeit her office.

In opening statements, Assistant Attorney Gen. Steve Nate said when Bailey first ran for the 6th District seat in 2001, she lived with her mother at 4217 W. Wells St. But after a redistricting, that address was moved to the neighboring sixth district, Nate said.

To remain in compliance with residency requirements, Bailey would have needed to move, but instead, she embarked on a "campaign of lies," Nate said.

In October 2002, Bailey twice registered to vote using bogus addresses, Nate said.

Bailey first used the address of 1827 W. 55th St., which does not exist, Nate said. Two days later, Bailey registered to a vacant lot, at 1856 W. Garfield Blvd., Nate said.

Then, on Dec. 6, 2003, Bailey filed her candidacy papers for the 2004 primary, and falsely listed her address as a Roman Catholic Archdiocese-owned building at 4538 S. Hermitage Ave., No. 1R, he added.

Testifying for the state, Oscar Contreras, who had lived in that apartment, said in September or October 2003, Bailey asked him to rent a room in the building. When he told her none was available, Bailey then asked him if she could use it as her mailing address, Contreras said.

The landlord, the Rev. Bruce Wellems, pastor of the Holy Cross Parish, later testified he never rented any unit of the building to Bailey.

When allegations about Bailey's residency hit newspapers, she called him on the telephone and asked if he'd received her rent check, Wellems said. The pastor said he was surprised by the phone call, because no one was paying rent on the apartment.

Bailey's mother's next-door neighbor, Tondra Ingram, testified Bailey lived at the Wells Street address during the entire period of the case.

In her opening statement, defense attorney Rachel Busch-Rubalcana asked the judge to listen for inconsistencies in the prosecution witnesses, and predicted the trial would end in an acquittal on all counts.

"Although the state has numerous witnesses, they won't be able to prove her guilty beyond a reasonable doubt," Busch-Rubalcana said.

City News Service contributed to this story.

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