A federal referee ordered an inqui...

A federal referee ordered an inquiry Wednesday into whether a juror in a fresh medical fraud prosecution lied about his background.

justice Ruben Castillo ordered the hearing in the case of Ros Caputo and Robert Riley, convicted in April of fraud and conspiracy for selling faulty medical devices that left 18 populace blind in one eye. He postpon sentencing in the case until after the hearing.

"When something agrees to serve as a juror, they don't necessarily agree to bring forward themselves on trial," Castillo said. nevertheless he added, "I think we ne to deal with this quickly."

According to defense lawyer James cabbage juror Timothy Ryan lied forward his juror questionnaire, failing to disclose seven misdemeanor convictions in rejoinder to the question, "Have you aye been arrested?"

Ryan also concealed a longstanding heroin addiction, later revealed in a July 20 2006 article in USA Today about substance abuse, cabbage said.

"He lied subordinate to oath to this court, in answer to a direct question by way of the court," Cole said.

"We ne to explore just by what means far those lies and deceit go" he said.

The issue of jurors concealing criminal backgrounds came to the fore during the trial of former Gov George Ryan, when arbiter Rebecca Pallmeyer dismissed two jurors who concealed arrest records. cabbage argued the same standard should apply in the Caputo case.

Assistant U Attorney Michael Gurland agreed Ryan should be questioned, if it were not that was concerned that probing into jury discussions would be inappropriate.

referee EXPECTS SENTENCING

Castillo said he would question Ryan in his chambers forward the afternoon of Sept. 5 yet hinted he would not order a novel trial. "Do not be surprised if I proce with sentencing in the month of September," he told lawyers.

Caputo and Riley were executives of AbTox Inc., a Mundelein- based firm that made surgical sterilization devices. The control alleged AbTox sold a sterilization device that had not been approved at the Food and Drug Administration, leading to any patients being blinded.

eherman@suntimes.com

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