CHICAGO (FOX 32 News) -
An Illinois House committee recommended Thursday that indicted state Rep. Derrick Smith be expelled from the state Legislature over federal bribery allegations.
The Select Committee on Discipline voted unanimously to find the Chicago Democrat at fault and 11-1 in favor of expulsion after hearing evidence against Smith and deliberating behind closed doors for nearly three hours. The recommendation still requires a vote from the full Illinois House.
"It is a sad day for us and a very sad day for the Illinois House of Representatives," said state Rep. Barbara Flynn Currie, a Democrat who heads the committee. "Not one of us takes any joy in sitting in judgment of our colleague."
Smith, who did not attend Thursday's public hearing, was arrested days before the March primary in an FBI sting. He was accused of accepting a $7,000 bribe in exchange for helping what he thought was a daycare center obtain a state grant. He pleaded not guilty.
Despite his arrest, Smith easily won his primary contest and remains on the November ballot. Top Illinois Democrats have called on him to step down, but he has refused. Smith was first appointed to the House last year to fill a vacancy.
On Thursday, Smith's Lawyer, Victor Henderson, said Smith was the real victim in this case, set up by a career criminal who was paid at least $5,200 by the FBI. Court records also reveal that the person the FBI calls Confidential Source 1 was relocated at taxpayer expense, after working with the agency for about four years.
Whatever the back story, though, 11 members of a 12-member Special House Investigating Committee, found the transcripts of secret FBI recordings far more compelling. They show Rep. Smith eager to accept a $7,000 bribe in exchange for help securing a $50,000 state grant.
"Nobody has a right to a job in the Illinois House of Representatives. Anybody who serves in that chamber has to be a person of high, moral ethical standing. It's important for the people of the state to know that we have taken appropriate action," Currie said.
One member of the special committee voted against the recommendation to expel Smith, arguing instead for a harsh reprimand that could be considered by Smith's West Side constituents this November.
"I felt that, especially with an election coming up that the people of the district would be better served to make a determination whether or not Derrick Smith is the person who should represent them in Springfield," Rep. Al Riley, D-Hazel Crest, said.
There is no timeline for how the Illinois House will proceed. A vote to expel Smith would require a two-thirds vote in the House. However, even if he is expelled, he can still run for office in November.
Hernderson said he would examine any potential ways to fight the committee's decision. He alleged an unfair and politicized process on behalf of lawmakers and believed that Smith would be exonerated.
"The representative is standing strong and tall," Henderson told reporters after the vote. "There's a whole lot more beneath the surface. I guarantee you that when people find out all the facts about this case, they're going to have a completely different reaction to it."
The lone vote against expelling Smith was Rep. Al Riley, an Olympia Fields Democrat. He told reporters he believed that Smith deserved a lesser punishment, but did not discuss specifics. He said Smith's future should be up to voters in his district.
The House hearings on his political future are separate from the federal case. No trial date has been set.
The evidence introduced to lawmakers was primarily the federal indictment and Smith's attendance record. Federal prosecutors declined to release more information, such as tape recordings and testimony.
Democratic state Rep. Lou Lang and Republican Rep. Jim Durkin, who presented the case against Smith, said Smith refused opportunities to defend himself and that his absence from the hearing would hurt him. Both recommended expulsion to the committee before Thursday's vote.
"There has been no defense of any kind. ... His silence works against him," Lang said. "This matter goes to the very heart of the integrity of the Illinois House of Representatives."
Henderson said his client would not testify at the committee hearing if the confidential informant used in the federal investigation would not testify. He also said all that lawmakers had before them was an indictment full of allegations, and tried to poke holes in the government's case by calling into question the witness' reputation. The witness has not been identified publicly.
Smith, who has rarely spoken publicly in the case, has vowed to clear his name.
Meanwhile, top Democratic leaders have formed a third party in Smith's district to put up a Democratic candidate against him in November. Those working against Smith include his former mentor, Illinois Secretary of State Jesse White.
(The Associated Press contributed to this report.)
