After All That, It's Up to the Jury

The trial of U.S. Rep. Mel Reynolds, with its900-sex-number-style testimony, flip-flopping witnesses and shades ofcamp, goes to the jury Monday.

And after 21 days, the case's rough spots stand out.

For instance, no state witness testified to seeing Reynoldshaving sex with accuser Beverly Heard when she was a minor. Heard, aformer campaign volunteer, told the jury it was true, but she said itonly after being jailed for previously refusing to testify.

The defense has its problems, too.

Reynolds testified that Heard made the charges against him afterhe turned down her request for $15,000, which he suggested wasextortion. But only days later, he called police and federalofficials to ask if he was under investigation and to complain aboutHeard, but he never mentioned the $15,000, the officials testified.

A jury of seven men and five women armed with evidence,testimony and the law of the state of Illinois will have the finalruling on Reynolds' fate and the debate that has captivated all: Hasthe state proven its case?

The state contends that Reynolds had sex with Heard while shewas underage and used his role as her mentor to continue to have sexwith her.

Prosecutors argued he pressured Heard to continue therelationship when she returned from a hitch in the Air Force lastyear. But Heard wasn't interested and went to police about theiralleged affair. They say the congressman then persuaded Heard'smother to move her daughter to Tennessee to block the investigation.Heard also signed affidavits saying her allegations were false.

Defense attorneys have their own spin, saying the two never hadsex and that Heard made up the charges when Reynolds turned down herrequest for $15,000. They said Reynolds helped put together theaffidavits Heard signed, not to obstruct justice but to create awritten record of the truth.

Heard helped the prosecution by telling jurors Reynolds had sexwith her when she was underage. She described how he allegedlymasturbated on their first date and later asked her to do an R-ratedstrip tease for one of his friends at his West Pullman congressional office.

But according to veteran defense attorney George Howard, Heardmay have cost prosecutors as much as she gained them. Heard admittedon the stand to signing sworn affidavits recanting her claims againstReynolds and said she didn't want him to go to jail. Ironically,Heard was jailed for refusing to testify in the case.

"That kind of witness is a defense attorney's dream," Howardsaid. "She goes to jail to keep from testifying; I don't know how (ajury) could put much credibility in a witness like that."

She also was unable to provide much information for the state'sobstruction of justice charges against Reynolds.

Heard testified she left Chicago for Tennessee during the earlydays of the investigation because she feared the stress of the probewould affect her sickly mother - not because Reynolds directed her.Heard also testified she believed the recant affidavits she signedwhile in Tennessee were provided by her lawyer Dan Wolff, notReynolds.

Reynolds' co-defendant, Eddie McIntyre, also was charged withobstruction of justice for helping move Heard to Tennessee, but hewas dismissed last week after Judge Fred G. Suria ruled the state hadlittle evidence to try him.

DePaul University law Professor Leonard L. Cavise saidMcIntyre's disappearance from the witness table could have an illeffect on the state's obstruction of justice case against Reynolds.

"They have to have less respect now for the obstruction charge,"Cavise said of the jury. "They're thinking, `The prosecution doesnot have the nice neat package they told us they had. This wholething smells a bit.' "

The graphic telephone conversations police taped between Heardand Reynolds were crucial to the state's case. Prosecutors used thetapes in an attempt to show the jury that Reynolds made references tothe alleged illegal relationship he once had with Heard.

Jurors heard Reynolds use blue language to express his sexualdesire for Heard. He also asked Heard to take pictures of thebreasts and other private parts of a 15-year-old Catholic school girlinvented by Heard. This request got him indicted on solicitation ofchild pornography charges.

Reynolds testified that the calls were nothing more than sexualfantasy talk, more akin to the $2.99-a-minute discussions people haveon sex hotlines than a reminiscence on old times. He said they hadsimilar phone conversations in the past.

"That certainly strengthened the state's case," Howard said."That was the only thing that there's no denying. That there werephone conversations between them and there were close ties, by thesounds of the voices there."

The cornerstone of the defense case was provided by Reynoldshimself. He spent three days on the witness stand denying he had sexwith Heard. He used his rags-to-riches story in an attempt to winjuror sympathy.

"I thought he looked like a lousy witness," Cavise said. "Itlooks like he got on the stand and said, `I'm an impressive person.Why should I go to jail?' "

But he also lost his composure under cross-examination, talkingconspiracy and "Gestapo tactics."

It remains to be seen what the jury thought of his temper.