Jail escapee appears in court, ordered held without bond

Chicago Tribune reporter Jason Meisner on the recent arrest of Kenneth Conley, a convicted bank robber who escaped from federal jail in December. (Posted on: Jan. 4, 2013.)









Escaped bank robber Kenneth Conley is being held in custody without bond after appearing in federal court this morning.


Conley, who was wheeled into court in a wheelchair, waived his right to a bond hearing and was ordered by U.S. District Magistrate Judge Sheila Finnegan to remain in federal custody without bond. A preliminary hearing is scheduled for 1 p.m. Jan. 17 in front of Judge Finnegan.


The maximum penalty for escape is five years in prison and a $250,000 fine, according to federal officials. The maximum penalty for bank robbery is 20 years in prison and a $250,000 fine.








The spectacular jailbreak — the first at the Metropolitan Correctional Center in almost 30 years — embarrassed federal authorities and seemed to be meticulously planned. Conley, 38, and Joseph "Jose" Banks, 37, rappelled to freedom using a rope fashioned from bedsheets. But like Banks, who was arrested two days after the escape in the North Side neighborhood where he was raised, Conley had no apparent plan for life on the run and was found holed up in an area where he had known ties.


Palos Hills police said a maintenance worker at a building in the 10200 block of South 86th Terrace called police about 3:30 p.m. to report the "suspicious person" who might be sleeping at the premises. Officers arrived to find a man walking down the street in an overcoat and pretending to use a cane. He appeared to be trying to look older than his actual age, police said.


"Our officers stopped to talk to him and he said he was just visiting," Deputy Chief James Boie told the Tribune. "He gave them a phony name, and while they're trying to run the information, he got wise that they were going to figure it out, and he pushed one of the officers down and took off running."


Boie said two additional officers responding to the scene caught Conley about a block away as he was trying to force his way into the Scenic Tree apartment complex, which is across the street from the police headquarters. He was wrestled down but did not offer any other resistance. Conley and one officer were taken to Palos Community Hospital for observation, he said.


Police found a BB pistol in Conley's pocket. He had no cash or other weapons, Boie said.


According to court records, Conley once lived in an apartment near the scene of his arrest. Boie said Conley was known to Palos Hills police because he'd had multiple resisting and obstructing arrests in 2004.


Conley, 38, was awaiting sentencing for a single bank holdup when authorities said he and Banks removed a cinder block from their cell wall and scaled down about 15 stories of the sheer wall of the jail, located at 71 W. Van Buren Street, early on Dec. 18.


The cellmates were last accounted for during a routine bed check, authorities said. About 7 a.m. the next day, jail employees arriving for work saw the bedsheets dangling from a hole in the wall down the south side of the facade.


The FBI said a surveillance camera a few blocks from the jail showed the two wearing light-colored clothing hailing a taxi at Congress Parkway and Michigan Avenue about 2:40 a.m. They also appeared to be wearing backpacks, according to the FBI.


A high-ranking employee in the facility told the Tribune last month that video surveillance had captured the men making their descent but that the guard who was supposed to be watching the video monitors for suspicious activity might have been called away on other duties.


In the hours after they were discovered missing, Conley and Banks were traced to the southwest suburbs where Conley's family lives.


A brother of Conley's who asked that his name not be printed told the Tribune last month that a short time after the escape, Conley and Banks arrived at the family home in Tinley Park pounding on the door. Conley came in looking frazzled, claiming he had been freed on bond, the brother said. He said their mother gave him a winter coat and turned him away.


Banks was arrested Dec. 20 after an informant led authorities to the home of a boyhood friend of Banks' in the 2300 block of North Bosworth Avenue, less than five miles from the jail.


Meanwhile, Conley tasted two more weeks of freedom but did not get much farther. His arrest was just over 21 miles from the downtown jail.


According to court records, Conley has a long criminal history. He has been convicted in Cook County of offenses ranging from retail theft to weapons violations and was sentenced to eight years in prison for an armed robbery in 1996. He also was sentenced to six years in prison in San Diego County for petty theft with a prior conviction, according to California records.


Less than a year after his parole in 2010, Conley robbed a bank in suburban Homewood of less than $4,000 cash, the heist that landed him in the federal lockup.


Conley's mother, Sandra, answered the phone at her Tinley Park home Friday and said she had heard of her son's arrest but had no details or comment.


"I'm just glad it's over. That's my only comment," she said.


asweeney@tribune.com


Twitter: @Annie1221





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The Secret iPad List to Bring Down Boehener






When the failed House Republican revolution came, it came by iPad. Now that House Speaker John Boehner has survived the rebellion, all of D.C. now knows which conservative House members were conspiring to mount a challenge, thanks to a list that one of the coup’s leaders brandished on the House floor during the vote.


RELATED: United Nation Fights the ‘Asshole Factor’






A Politico photographer captured Rep. Tim Huelskamp of Kansas (pictured above), who Boehner had removed from a committee for refusing to cooperate, tapping his iPad during the roll call, checking off a list of names of other Congressmen he thought might join him in voting against Boehner. The list was titled, appropriately, “You would be fired if this goes out,” Politico’s Jake Sherman and John Bresnahan report. They hedge, “It’s not clear that any of the Republicans on Huelskamp’s list knew they were on it, or even knew of the list’s existence,” but let’s look at who were at least expected to vote against Boehner:


RELATED: Boehner Puts Down House Republican Coup


  • Steve King of Iowa

  • Cynthia Lummis of Wyoming

  • Paul Gosar of Arizona

  • Scott Garrett of New Jersey

  • Steve Fincher of Tennessee

  • Scott Desjarlais of Tennessee

Earlier this week, outgoing Louisiana Rep. Jeff Landry bragged to Breitbart News that the anti-Boehner ranks were 17 to 20 members strong, though in the end, only nine voted against their speaker, while two didn’t vote, and one voted present. Breitbart’s Matthew Boyle reports on Friday that there were several more names on Huelskamp‘s list:


RELATED: Boehner Was Afraid Issa Would Go Full Pumpkin-Shooter on His Holder Probe


  • Jeff Duncan of South Carolina

  • Mo Brooks of Alabama

  • Sam Graves of Missouri

  • Steve Southerland of Florida

  • Trey Gowdy of South Carolina

  • David Schweikert of Arizona

  • Tom Cotton of Arkansas

  • Brett Guthrie of Kentucky

Perhaps Huelskamp anticipated some would chicken out, since if some poor aide risked being “fired” for the list getting out, surely a House member might fear the wrath of Boehner for actually voting against him.


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Boyz II Men to Vegas for extended gig at the Mirage






(Reuters) – One-time boy band Boyz II Men is Vegas-bound for an extended stay at the Mirage hotel and casino, the group said on Friday.


The Grammy-award winning R&B trio will begin performances on March 1, with 78 shows slated through December 2013.






“We’ve been dreaming of this day since we performed an extended holiday show two years ago in Las Vegas,” said founding member Nathan Morris in a statement, adding “we can’t wait to take the stage in March and be a part of the Las Vegas community.”


Formed in 1990 and known for hits including “I’ll Make Love To You” and “End of the Road,” the group includes tenors Wanya Morris and Shawn Stockman, in addition to baritone Morris.


With more than 60 million albums sold, it is reportedly the best-selling R&B group of all time.


(Reporting by Chris Michaud, editing by Jill Serjeant and Sandra Maler)


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Shares in Jewel parent soar on report of deal









Stock in Jewel-Osco parent Supervalu soared 13.5 percent Friday on speculation that the company is on the brink of a deal with Cerberus Capital Management.

Shares for the Eden Prairie, Minn-based grocery company closed at $2.94.

Supervalu spokesman Mike Siemienas said the company is in talks with several suitors, though a deal is not assured.  A representative for Cerberus Capital Management, a New York-based investment firm, declined to comment for this story.

The Eden Prarie, Minn-based company, which also owns Albertsons, Cub, Acme and Save-A-Lot stores, said it was exploring strategic alternatives, including a sale, in July. Days later, Supervalu dismissed CEO Craig Herkert, and Chairman Wayne Sales stepped in to run the troubled grocer.

Supervalu sales and earnings have lagged those of competitors for years. In 2012, the company's stock price fell 69.6 percent and return on investment declined 68.6 percent, according to Bloomberg. Average stock prices in the broader consumer staples market rose 7.4 percent and returns gained 10.7 percent in the period.

For the fiscal year ended Feb. 25, Supervalu reported a loss of $1.04 billion, which included a $519 million operating loss and $509 million in interest expense. Sales declined 3 percent, to $27.9 billion. The company has carried an onerous debt load since buying Albertsons, which included Chicago's Jewel-Osco chain, in 2006, making Supervalu the subject of bankruptcy  speculation.

Cerberus is rumored to be in the mix to buy parts of the company. The firm has experience in the food retail sector and was an investor in the 2006 Albertsons deal. Cerberus still holds a stake in Albertsons and Strategic Restaurants, a Burger King franchisee with more than 250 restaurants.

eyork@tribune.com | twitter: @emilyyork

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Judge: No felony for dad in Facebook posting




















Andre Curry, 22, talks about his felony conviction for posting a Facebook photo of his daughter bound and gagged with tape being reduced to misdemeanor domestic battery. (Chris Walker, Chicago Tribune)




















































A Cook County judge today reversed himself, reducing the conviction to a misdemeanor for a dad who posted a Facebook photo of his 22-month-old bound and gagged with tape.

Judge Lawrence Flood had convicted Andre Curry in November of aggravated domestic battery and aggravated battery, both felonies, and was scheduled to sentence him today when he did an abrupt about-face.


In reducing Curry’s conviction to misdemeanor domestic battery, the judge said that after reviewing the law, he found no intent to obstruct the child's breathing. He sentenced Curry to 18 months of probation and ordered him to take parenting classes.








Despite his change of heart, Flood said that Curry showed an extreme "lack of judgment."


"In your rush to show everyone how funny you were, you used...a helpless 22-month-old child who was completely dependent on you as a prop," Flood said. “This was not funny, OK? I want you to understand the gravity of your lack of judgment in this case."


Curry thanked the judge in a soft voice and apologized to his family.


"I'm sorry for everybody who’s been on the edge of their seats out there," he said. 


Curry, 22, had been free on bond since his felony conviction but had faced up to 7 years in prison before the judge changed his mind.


At trial, Flood had acquitted Curry of unlawful restraint but found him guilty of the two battery counts, saying in a brief ruling that by placing tape over the girl's mouth, he had obstructed her breathing for his own enjoyment.


"To use a child...as a toy or a prop in an odd attempt at humor is conduct of an insulting or provoking nature," Flood said at the time.


Curry told police he was playing with his daughter one night at their South Side home and used blue painter’s tape to bind her ankles and wrists and cover her mouth. He then snapped a photo and uploaded it on his Facebook page.


Across the top of the photo were the words: "This is wut happens wen my baby hits me back," according to prosecutors and police reports. The message was followed with a winking emoticon.


Family members have said that Curry is playful and the photograph was meant to be a joke.


But the image went viral on the Internet, prompting a flood of calls to police and state child-welfare authorities from Curry’s friends on Facebook and others who had seen it.


jmeisner@tribune.com






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Actor Dempsey: Coffee chain bid appears successful






SEATTLE (AP) — Actor Patrick Dempsey said it appears his bid to buy a small coffee chain has prevailed in a bankruptcy auction that included Starbucks Corp.


Late Thursday night, Dempsey announced that his company, Global Baristas LLC, made the winning bid for Tully’s Coffee. He noted in a KOMO-TV interview that a bankruptcy judge will have the final say on Jan. 11. Still, Dempsey tweeted “We got it! Thank you Seattle!”






Dempsey’s company will pay $ 9,150,000 for Tully’s and complete the purchase later this month after the court hearing, he said in a statement.


“I’m thrilled that we won and I’m even more excited about saving Tully’s Coffee and its hundreds of jobs,” he said. “Tully’s is a great company with committed employees, and with its base in Seattle, one of the world’s greatest cities, I’m confident we will be able to successfully build the brand and help grow the economy. “


Tully’s Coffee has 47 company-owned locations in Washington and California. The company, with more than 500 employees, filed for Chapter 11 bankruptcy protection in October.


Dempsey, who gained the nickname “McDreamy” on the TV show “Grey’s Anatomy” set in a fictional Seattle hospital, has said he wants to rescue the chain.


Seattle has been very good to me over my career, and I am honored to have the privilege to own Tully’s and work closely with the company’s employees,” he said in his statement.


After Thursday’s auction, Starbucks spokesman Zack Hutson confirmed his company participated and “is currently in a back-up position” for some of Tully’s assets. The final certification of the winning bid won’t occur until the Jan. 11 bankruptcy court hearing, Hutson said.


“We have to wait until next week to make sure everything — I believe the 11th — to make sure it’s all finalized,” Dempsey told KOMO-TV.


The Starbucks spokesman said his company made an offer for 13 of Tully’s company-owned stores in the Puget Sound region plus 12 outlets at Boeing Co. sites. Hutson said another bidder made an offer for all other assets — and is in a back-up position for those.


Also in the running was Baristas Coffee, which operates a chain of drive-thru espresso stands featuring female employees in skimpy outfits.


Both Starbucks and Tully’s are based in Seattle.


The auction process was not public.


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U.S. unemployment holds at 7.8%

CBS News business and economics correspondent Rebecca Jarvis talks to Norah O'Donnell and Anthony Mason about the final jobs report of 2012 to be released later today.









The pace of hiring by U.S. employers eased slightly in December, pointing to a lackluster pace of economic growth that was unable to make further inroads in the country's still high unemployment rate.

Payrolls outside the farming sector grew 155,000 last month, the Labor Department said on Friday. That was in line with analysts' expectations and slightly below the level for November.






Gains in employment were distributed broadly throughout the economy, from manufacturing and construction to health care.

That should reinforce expectations that the economy will grow about 2 percent this year, unlikely to quickly bring down the unemployment rate or make the U.S. Federal Reserve rethink its easy-money policies, which have been propping up the recovery.

"It's not a booming economy, but it is growing," Jim O'Sullivan, an economist at High Frequency Economics in Valhalla, New York, said before the data was released.

The jobless rate held steady at 7.8 percent in December, down nearly a percentage point from a year earlier but still well above the average rate over the last 60 years of about 6 percent.

The Labor Department raised its estimate for the unemployment rate in November by a tenth of a point to 7.8 percent, citing a slight change in the labor market's seasonal swings.

Most economists expect the U.S. economy will be held back by tax hikes this year as well as by weak spending by households and businesses, which are still trying to reduce their debt burdens.

Friday's data nonetheless gave signals of growing momentum in the labor market's recovery from the 2007-09 recession. Many economists had expected December's payroll gains to be padded by one-time factors like the recovery from a mammoth storm that hit the East Coast in late October.

The government had said last month the storm had no substantial impact on the November data, and many economists expected the government to recant by revising downward in Friday's report its estimate for payroll gains in November. Instead, the government revised its estimate for November payrolls upward by 15,000.

"There is some evidence that underlying jobs growth has improved," Paul Dales, an economist at Capital Economics in London, said before the report was released.

AUSTERITY'S BITE

Despite the signs of some momentum in hiring, a wave of government spending cuts due to begin around March loom over the economy.

Many economic forecasts assume the cuts - which would hit the military, education and other areas - will ultimately be pushed into next year as part of a deal sought by lawmakers to reduce gradually the government's debt burden.

Initially, the cuts were planned to have begun this month as part of a $600 billion austerity package that also included tax hikes. Hiring in December may have been slowed by uncertainty over the timing of the austerity, economists say.

Congress this week passed legislation to avoid most of the tax hikes and postpone the spending cuts.

Even with the last-minute deal to avoid much of the "fiscal cliff," most workers will see their take-home pay reduced this month as a two-year cut in payroll taxes expires.

That leaves the Fed's efforts to lower borrowing costs as the main program for stimulating the economy.

The Fed has kept interest rates near zero since 2008, and in September promised open-ended bond purchases to support lending further. On Thursday, however, minutes from the Fed's December policy review pointed to rising concerns over how the asset purchases will affect financial markets.

Analysts ahead of the report expected some of the strength in job creation in December would be due to the Fed's policies.

"Despite the end-of-year angst over the ‘fiscal cliff,' financial conditions remained supportive of job growth in December," economists at Nomura said in a note to clients earlier in the week.
 

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Feds drop escape charge in downtown prison break









In a surprise move, federal prosecutors today dropped an escape charge against Joseph Jose Banks, a convicted bank robber who made a daring escape from a high-rise South Loop jail by rappelling down some 15 stories with a rope fashioned from bed sheets only to be captured three days later on the North Side.

When he made the bold break for freedom from the Metropolitan Correctional Center, Banks, 37, already faced up to 80 years in prison for his conviction the previous week for holding up two banks and trying to rob two others.

To try to obtain the stiffest sentence possible for Banks, prosecutors can use the escape as aggravation at his sentencing for the bank holdups.

The escape charge, by comparison, carried only a maximum of five additional years in prison on conviction.

By dropping the escape charge, prosecutors also avoid another trial for Banks.

After his indictment for the bank robberies, Banks changed his attorneys multiple times and flooded the court with motions, all serving to stall the start of the trial for nearly five years after his 2008 arrest.

Then at trial Banks represented himself and caused repeated interruptions by refusing to recognize the rules of the court and defying orders from the judge.

At one point, he was briefly restrained in a chair.

Banks’ cellmate, Kenneth Conley, also took part in the escape on Dec. 18 and remains at large.

asweeney@tribune.com



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More leaked BlackBerry Z10 pictures emerge along with new details









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Putin gives tax exile Depardieu Russian citizenship






MOSCOW (Reuters) – Russian President Vladimir Putin has granted citizenship to Gerard Depardieu, the French movie star who is quitting his homeland to avoid a tax hike on the rich, the Kremlin said on Thursday.


The “Cyrano de Bergerac” actor bought a house across the border in Belgium last year to avoid a new tax rate for millionaires in France planned by Socialist President Francois Hollande but said he could also seek tax exile elsewhere.






Kremlin spokesman Dmitry Peskov said Depardieu had applied for citizenship after Putin told reporters last month the actor would be welcome in Russia. “The citizenship could not have been granted to him without (such an) appeal,” Peskov added.


Russia has a flat income tax rate of 13 percent, compared to the 75 percent on income over 1 million euros ($ 1.32 million) that Hollande wants to impose in France.


Asked, whether Depardieu had plans to move to Russia, Peskov said it was up to him and was “absolutely not mandatory”. Putin did not speak to Depardieu before taking the decision, he added.


Depardieu’s publicist Francois Hassan Guerrar told Reuters he did not want to comment on the Russian announcement.


Depardieu, 63, had told friends he was considering three options to escape France’s new tax regime: settling in Belgium, relocating to Montenegro, where he has a business, or moving to Russia, French daily Le Monde reported in December.


Depardieu has also said he plans to hand in his French passport and social security card.


“Putin has already sent me a passport,” Le Monde quoted the actor as jokingly saying in December.


WELCOME IN RUSSIA


Depardieu is well-known in Russia where he has appeared in many advertising campaigns. He worked in the country in 2011 on a film about the eccentric Russian monk Grigory Rasputin.


In 2012 he was one of several Western celebrities invited to celebrate the birthday of Ramzan Kadyrov, Chechnya’s Kremlin-backed leader.


Muscovites said they would welcome Depardieu. “He is a normal guy, he is fond of drinking too, I suppose, the Russian way, so let him come here,” said resident Lev Nikolaevich.


Putin has in the past touted good relations with France, which he visited in the summer, but the two nations have disagreed sharply on Syria and Putin is a frequent critic of the West. He had a tense summit with the EU last month and wants the bloc to move faster toward visa-free travel.


Russia does not require people to hand in their foreign passports once they acquire a Russian one. Many Russians have citizenship of other countries and travel without problems.


Depardieu could also request Belgian nationality but has not yet made such a request, said Georges Dallemagne, head of Belgium’s parliamentary committee that oversees naturalizations.


“As a Russian he could certainly remain in Belgium, he would possibly need the necessary visas but for a short period he could stay here,” said Dallemagne.


“He would need to request a residency permit for longer stays but as a Russian he should be able to get that. It depends on certain factors,” Dallemagne added.


France’s Constitutional Council last month blocked the planned 75 percent tax rate due to the way it would be applied – but Hollande plans to propose redrafted legislation which will “still ask more of those who have the most”.


(Writing by Megan Davies; Additional reporting by Steve Gutterman, Nikolai Isayev and Alexander Fedorov in Moscow, Catherine Bremer in Paris and Robert-Jan Bartunek in Belgium; Editing by Andrew Heavens)


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