Tony Rezko's lawyer Joseph Duffy asked a simple question.
Was Stuart Levine a felon? Levine hesitated for just a second in his answer -- Duffy, who is picking at Levine's memory problems -- picked up on it and pounced.
"You seem as if you don't recall telling the jury if you are a felon," Duffy asked.
"No, I recall that information was given to the jury that I was a felon," Levine insisted.
Levine fell into the trap.
How did that information get to the jury since Levine took the stand? Duffy asked.
"I don’t recall exactly it came to the jury, whether it was reading a plea agreement or (my testimony).
"Do you remember looking at your plea agreement?" Duffy asked with an innocent lilt in his voice.
" Yes."
"Do you recall looking at it?"
"Yes." but he couldn't remember what day he looked at it.
Levine said it was entered into evidence as a government exhibit.
Duffy turned to the prosecution table, looking confident.
"We’ll ask the government to retrieve that exhibit," Duffy said calmly, his hands folded before him.
Prosecutor Chris Niewoehner stood up: "We’ll stipulate that there is no such exhibit."
"Did you hear that Mr. Levine?" Duffy said, lowering his voice. "There is no such exhibit."
"Didn’t you say you read the plea agreement?"
“I’m not sure, sir.” Levine said.
"Do you want to change that testimony?"
"Yes sir," Levine.
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