1 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION 2 3 UNITED STATES OF AMERICA, 4 Plaintiff, 5 6 v. JOHN DENNIS HASTERT, 7 8 9 10 11 12 Defendant. For the Government: HONORABLE ZACHARY T. FARDON United States Attorney by MR. STEVEN A. BLOCK MS. DIANE MacARTHUR Assistant United States Attorneys 219 S. Dearborn Street, 5th Floor Chicago, IL 60604 For the Defendant: SIDLEY AUSTIN LLP by MR. THOMAS C. GREEN 1501 K Street NW, Suite 600 Washington, D.C. 20005 17 SIDLEY AUSTIN LLP by MR. JOHN N. GALLO MS. GEETANJLI MALHOTRA One S. Dearborn Street Chicago, IL 60603 18 19 20 21 22 23 24 25 Chicago, Illinois April 27, 2016 10:09 a.m. APPEARANCES: 14 16 Docket No. 15 CR 315 EXCERPT TRANSCRIPT OF PROCEEDINGS - Sentencing STATEMENTS OF WITNESSES AND DEFENDANT BEFORE THE HONORABLE THOMAS M. DURKIN 13 15 ) ) ) ) ) ) ) ) ) Also Present: MS. SARAH KIECKHAFER, U.S. Probation Court Reporter: LAURA R. RENKE, CSR, RDR, CRR Official Court Reporter 219 S. Dearborn Street, Room 1432 Chicago, IL 60604 312.435.6053 laura_renke@ilnd.uscourts.gov 2 1 (Proceedings had not herein transcribed.) 2 (In open court; defendant present.) 3 THE COURT: Please call your first witness. 4 MR. BLOCK: Thank you, your Honor. 5 And we would -- the witnesses will be reading 6 statements, not providing testimony through the form of 7 questions, so I'd ask they be able to address the Court from 8 the podium. THE COURT: They may, but they're going to be sworn 11 MR. BLOCK: Yes, your Honor. 12 THE COURT: All right. 14 MR. BLOCK: Jolene Burdge, please step up. 15 THE COURT: And if the defense decides they want to 9 10 13 in. Please call your first witness. 16 ask questions of any of these witnesses, you're free to do so, 17 but the witness will take the stand rather than you asking 18 questions next to them. 19 MR. GREEN: Understand, your Honor. 20 THE COURT: All right. 21 THE CLERK: Raise your right hand, please. 22 (Witness duly sworn.) 23 MS. BURDGE: 24 THE COURT: 25 MS. BURDGE: I do. You may proceed. My name is Jolene Burdge, and I am the 3 1 sister of Stephen Reinboldt. 2 "Dear Mom: It rained this morning, but now the sun is 3 out and the air is crisp and clean. I've been on a shopping 4 spree these past couple of days, so now I have to kick back to 5 the first of the month. "I got a new pair of sneakers and replaced my lawn 6 7 chair rocker, both on sale, and got the new Bruce Springsteen 8 and Annie Lennox albums, so I'm happy but broke. "Usually I'm in the backyard trying to get some sun, 9 10 rocking in the rocking chair. On Friday I go to the oncology 11 department so they can check out my KS sores, but I don't think 12 there is a lot they can do for me. "The taxi comes to pick me up and takes me back home, 13 14 so I don't have to worry about driving. 15 steady as she goes." Other than that, it's Steve died five months after writing this letter. 16 He 17 was 42 years old. 18 one-room apartment, barely able to support himself, waiting to 19 die. 20 His last years were spent alone in a The sight in his right eye was gone. Neuropathy made 21 it hard to walk, and the people shunned him when they saw his 22 KS lesions. 23 solace in his music and movies. 24 25 He had long given up trusting people and found He spent most of his life jumping from job to job or having no job at all. 4 His letters were full of false hope that next week or 1 2 next month or next year would be better. If Mom could just 3 send him a little money to get him through the month, he knew 4 his break was coming. 5 He used to send me VHS tapes full of his favorite 6 movies, along with commentary notes explaining the special 7 effects, history of the director, new techniques in lighting 8 and sound, letters full of passion for the arts and film he 9 dearly loved, dreams and goals he would never fulfill. I held Steve's hand the night he died. 10 Fear of the 11 AIDS epidemic was at its height in 1995 Los Angeles. There was 12 only one funeral home that would pick up his body from the 13 hospice, and it was in the cover of night. After six years of helping him bear yet another 14 15 secret, his burdens were finally lifted. Mine got heavier, and 16 that's when it all changed: 17 shame for the choices we had to make in order to survive. No more secrets. No more guilt or If ever given the chance, I would confront you face to 18 19 face and make you accountable for sexually molesting my 20 brother. 21 annoyance, but I knew your secret and you couldn't bribe or 22 intimidate your way out. Now I stand here 20 years later with the truth on my 23 24 25 20 years ago you treated me like an insignificant side. I hope I have been your worst nightmare. Like many, Steve thought you were a wonderful teacher, 5 1 committed to upholding the educators' code of ethics to help 2 each student realize his or her potential as a worthy and 3 effective member of society, to protect the students from 4 conditions harmful to learning or to their health and safety, a 5 generous man who wanted to be a friend and mentor, helping kids 6 get through their teenage years. And our family had very tough years. 7 Emotional and 8 physical abuse, neglect, alcoholism, and mental illness leave a 9 kid looking for refuge. That's exactly what you gave him. You 10 showed interest in his life and encouraged him to participate 11 in activities; someone really cared. 12 actions were soon used as weapons to get what you wanted all 13 along. 14 But your words and You took Steve's right to discover and develop his 15 sexual identity in a normal, healthy way. 16 self-worth left him vulnerable to your ongoing manipulation. 17 His social worker once commented that you made it impossible 18 for Steve to see the situation clearly. 19 His diminishing Telling Steve's story without the sexual abuse is like 20 telling the story of the Titanic without the ship. 21 you can deny your abuse of Steve because he can no longer speak 22 for himself. 23 You think That's why I'm here. You claim to be deeply sorry and remorseful for what 24 you did years ago. You claim to understand the gravity of your 25 misconduct and are prepared to accept responsibility for your 6 1 actions. How can that be when you refuse to acknowledge the 2 3 true reason behind the money structuring and lying to the FBI? 4 Don't be a coward, Mr. Hastert. 5 wasn't misconduct; it was sexual abuse of a minor. 6 what it is. 7 you and all your supporters claim you live by. What you did Call it Show us that honesty, integrity, and decency that I don't remember the last Christmas or birthday I 8 9 Tell the truth. spent with Steve. While you were enjoying holidays and time 10 with your family, we were wondering where Steve was or if he 11 was even alive. If he had died, how would we ever find him? I miss him so much. 12 No one ever made me brag louder 13 or laugh harder no matter how awful things were at home. 14 he died, it was hard to breathe. After 15 Your family members have expressed concern about how 16 much time they might have left with you based on your current 17 health conditions. From Steve's high school graduation in 1971 until his 18 19 death 24 years later in 1995, I estimate I had one year with 20 Steve. 21 and turmoil of lifelong trauma and the knowledge that no one 22 would believe you were his abuser. 23 and embarrassed. 24 25 The rest of those years he spent running from the pain He felt betrayed, ashamed, When a man is sexually assaulted, it means they weren't strong enough to fight back: It must have been his 7 1 fault. He wasn't strong enough. 2 safe, not violate him. 3 judgment of a person's character. You were supposed to keep him Obviously, he couldn't trust his own You are pleading for people to remember all the 4 5 wonderful things you have done for individuals and the 6 Yorkville community. 7 father and friend. 8 slight flaw of being a child molester. Family and supporters praise you as a One even suggests we should minimize your That is impossible and morally wrong, just as it was 9 10 impossible for Steve to minimize the extent of your mental and 11 emotional abuse. 12 he died of AIDS, but because you took his innocence and turned 13 it against him. 14 that. 15 which ultimately cost him his life. 16 You took his life, Mr. Hastert, not because He was too young and vulnerable to understand It led him down a path of high-risk, reckless behavior, I'm fairly certain your supporters would feel 17 differently if this had been their brother, sister, son, or 18 daughter. 19 20 21 I will always wonder if you are truly sorry for what you did or just sorry you got caught. "Dear Mrs. Reinboldt: I don't think I have ever met 22 you, but I did have the pleasure of knowing Steve. I worked 23 with Steve one summer at the Yorkville Tastee-Freez. 24 parents thought it would be great for me to work there and stay 25 with my grandma who lived close by. My It wasn't so easy for me, 8 1 though, because I was a nobody from another town, not popular 2 or a cheerleader like most of the other girls. "Steve's friendliness, kindness, and sense of humor 3 4 kept me coming back to work each day and enjoying it. 5 very special. 6 to me. 8 He probably has no idea what his kindness meant I am truly sorry for your loss." This was Steve's character. 7 He was His care and love for people was real and unsolicited. Today is a tribute to Steve for all he endured and all 9 10 he held inside his entire life. I know he stands here with me 11 today, free and at peace. 12 decision this Court makes today. 13 this man is finally being brought to justice and will live in 14 his own prison for the rest of his life. I will accept and respect whatever Our victory is knowing that 15 Thank you. 16 THE COURT: 17 Government may call its next witness. 18 MR. BLOCK: Thank you, your Honor. 19 THE COURT: Mr. Green, did you have questions, by the 20 way, of Ms. Burdge? 21 MR. GREEN: No, sir. 22 THE COURT: All right. 23 THE CLERK: If you could raise your right hand, 24 25 Thank you, Ms. Burdge. please. (Witness duly sworn.) Thank you. 9 1 MR. CROSS: I do. 2 Good morning. Thank you very much, Judge Durkin, for 3 this opportunity to speak to you today and to discuss how 4 Mr. Hastert has affected my life. 5 My name is Scott Cross. I'm 53 years old. I live in 6 the Chicago area with my wife and my two children. 7 in the financial services community for over 30 years, since 8 graduating from college in 1984. 9 I've worked In 1972, when I was ten years old, my family moved 10 from the south side of Chicago to Yorkville, Illinois. 11 father was a Methodist minister, and we moved often. 12 spent the next nine years in Yorkville, and I consider 13 Yorkville to be my childhood home. 14 My But we A few years after we moved to Yorkville, when I was 15 about 13 years old, Coach Hastert's high school wrestling team 16 won the Illinois State championship. 17 Yorkville, this was a very significant event. 18 was revered in Yorkville, and after the state championship, 19 there was even a parade throughout the town, celebrating him 20 and the team. 21 For a small town like Coach Hastert As a young boy, I wanted to be part of what Coach 22 Hastert had created. I was a small guy with a lot of ambition, 23 and wrestling seemed to be the perfect sport for me. 24 in with both feet, and wrestling became very important to me. 25 My perception of myself as a wrestler dominated my high school I jumped 10 1 experience. I was selected by Coach Hastert to join him at 2 3 wrestling camps in Virginia and Colorado, including wrestling 4 camps that were held even before I entered high school. 5 freshman, I was chosen to wrestle at the varsity level in one 6 match. As a This was one of my proudest moments in high school. As a senior, I was named captain of the wrestling 7 8 team. I was good enough and lucky enough to wrestle in high 9 school state championship tournaments as a junior and a senior. As a high school wrestler, I looked up to Coach 10 11 Hastert. He was a key figure in my life as a coach and a 12 teacher. In a small town where the high school and high school 13 athletics were extremely important, I respected and trusted 14 Coach Hastert. 15 Forgive me. 16 THE COURT: Take your time. 17 MR. CROSS: Coach Hastert sexually abused me my senior 18 19 year of high school. In fall 1979, my senior year, I stayed late after 20 practice. 21 a separate locker room for wrestlers. 22 Hastert in that locker room. 23 weight for a match scheduled to occur the following day. 24 25 Our school had built a separate wrestling room with I was alone with Coach I was concerned about making Coach Hastert told me he could help me lose weight by giving me a massage. Because I trusted him, I believed what he 11 1 was saying and took him at his word. 2 the training table in the wrestlers' locker room and lay 3 facedown with my shirt off. 4 He told me to get down on He began giving me a massage. After a few minutes, Coach Hastert told me to roll 5 over onto my back. 6 and began to rub me. 7 jumped up, pulled up my shorts, and ran out of the locker room. 8 9 He pulled down my shorts, grasped my penis, I was stunned by what he was doing. I did not say anything to anyone. I did not talk about it, what Coach Hastert had done to me, with my parents, 10 my brothers, other coaches, or school officials. 11 and I never spoke of it. Coach Hastert 12 As a 17-year-old boy, I was devastated. 13 figure out why Coach Hastert had singled me out. 14 alone and tremendously embarrassed. 15 shame, and guilt. 16 bring this on, but at age 17, I could not understand what 17 happened or why. 18 I I tried to I felt very I felt intense pain, Today I understand that I did nothing to As I reflected on this after leaving high school, I 19 realized there was other troubling behavior from Coach Hastert 20 that I did not appreciate at the time. 21 recliner positioned in the wrestlers' locker room where he 22 would sit and watch the wrestlers in the shower. 23 accepted this because I trusted him, and my teammates appeared 24 to as well. 25 Coach Hastert kept a I had I've always felt that what Coach Hastert had done to 12 1 me was my darkest secret, particularly as Coach Hastert became 2 more famous as a politician and Illinois state legislator and 3 then in Congress and finally as Speaker of the House. 4 After this prosecution became public, I told my older 5 brother and my wife for the first time what had happened. 6 shared this with my parents for the first time last year when I 7 realized that I needed their support as this prosecution 8 proceeded in the public spotlight. 9 I I sought professional help to get me through the pain 10 and the trauma that has suffered -- surfaced since the 11 prosecution began. 12 This entire experience has been enormously painful for me and 13 my family. 14 I've had trouble sleeping and working. Given these challenges, you might be asking me why I 15 came forward today. 16 very public setting has been a huge personal struggle. 17 fact, until I actually got up to this podium, I was not even 18 sure I would be able to bring myself to speak to you in this 19 courtroom. 20 This decision to appear before you in this In I'm only able to do this now because I wanted you to 21 know and understand how Mr. Hastert violated the trust I placed 22 in him as a high school student. 23 know the pain and suffering he caused me then and still causes 24 me today. 25 Judge Durkin, I wanted you to As importantly, I want my children and anyone else who 13 1 was ever treated the way I was to know that there's an 2 alternative to staying silent. 3 been to discuss this with my family and with you, staying 4 silent for years was worse. 5 finally about what this -- what happened to me. 6 longer remain silent. As deeply painful as it has It is important to tell the truth 7 Thank you for listening to me. 8 THE COURT: 9 Are there any questions, Mr. Green? Thank you, Mr. Cross. 10 MR. GREEN: No, sir. 11 THE COURT: All right. 12 MR. CROSS: Thank you. 13 14 I could no Thank you, sir. (Proceedings had not herein transcribed.) THE COURT: Mr. Hastert, you have an opportunity to 15 make a statement to the Court if you wish. 16 to do so, I won't hold it against you, but this is your 17 opportunity to talk to me if you wish to. 18 If you choose not If you want to do it from your chair, you're free to 19 do so as long as the microphone is in front of you. If you 20 want to get up, you can come up here and do it at the podium. 21 But I'm fine either way. 22 THE DEFENDANT: 23 I would ask your leave that I -- I've written down a 24 25 Thank you, your Honor. statement, and I would like to read it. THE COURT: Of course. 14 1 THE DEFENDANT: 2 THE COURT: 3 THE DEFENDANT: 4 THE COURT: 5 THE DEFENDANT: And I don't -- You may. -- want to miss anything. So ... Please do. I'm deeply ashamed to be standing here 6 before you today. I am the one solely responsible for being 7 here. 8 athletes that I coached and because I structured withdrawals 9 from the bank in the hope of keeping mistreatment hidden, and 10 also I misled the FBI in 2015 about what happened in the past. I know I am here because I mistreated some of my For 11 months, I have been struggling to come to terms 11 12 with events that occurred almost four decades ago. 13 work to do in that regard. 14 and doing it with the help of professionals. 15 to regain my health back. I have more But I also committed to doing it I am now working The thing I want to do today is say I'm sorry to those 16 17 I have hurt and misled. First I wanted to apologize for the 18 boys I mistreated when I was their coach. 19 wrong, and I regret it. 20 advantage of them. 21 Mr. Cross have said, and I apologize to them and to their 22 families. What I did was They looked to me, and I took Today I accept what Ms. Burdge and I also want to apologize to the government for 23 24 misleading them in my interviews in December 2014 and February 25 of 2015. Federal agencies I deeply respect were misled by me. 15 1 2 This alone is a source of great shame for me. I apologize to my constituents and my supporters, who 3 I tried to serve honorably for so many years, and also my 4 colleagues who I served with. 5 I apologize to my family and friends for my being here 6 and for subjecting them to everything that has happened in the 7 past 11 months. 8 lost positive association with the family name. They lost their privacy, and my family members 9 I'm so very thankful for everything that my wife Jean 10 and my sons Ethan and Josh have done to support me and to take 11 care of me during this illness. 12 I apologize to the Court and to the people of the 13 United States and stand here ready to accept the sentence that 14 you are about to impose on me. 15 16 17 18 Thank you, Judge Durkin, for listening to these statements. THE COURT: Mr. Green, your client doesn't have to answer the question, but I have a question -- 19 MR. GREEN: Yes, sir. 20 THE COURT: -- of Mr. Hastert. 21 22 23 And he's free to answer it, but he can talk to you first. You said you mistreated athletes. Did you sexually abuse Mr. Cross? 24 THE DEFENDANT: 25 I accept the statement. I -- I don't remember doing that, but 16 1 THE COURT: Did you sexually abuse Victim B? 2 THE DEFENDANT: 3 THE COURT: All right. 4 All right. And how about Mr. Reinboldt? 5 sexually abuse him? 6 THE DEFENDANT: 7 THE COURT: 8 9 10 11 Yes. Did you It was a different situation, sir. If you want to elaborate, this is the time to do it. (Counsel and defendant conferring.) THE DEFENDANT: I -- I would accept Ms. Burdge's statement. 12 THE COURT: 13 THE DEFENDANT: 14 THE COURT: 15 You can have a seat, unless there's anything else you 16 17 So you did sexually abuse him. Yes. All right. Okay. want to add. MR. GREEN: No, sir. 18 (Excerpt concluded at 11:00 a.m.) 19 (Proceedings had not herein transcribed.) 20 21 22 C E R T I F I C A T E I certify that the foregoing is a correct transcript of the excerpt of proceedings in the above-entitled matter. 23 24 25 /s/ LAURA R. RENKE___________________ LAURA R. RENKE, CSR, RDR, CRR Official Court Reporter April 27, 2016