Judge considers Richard Daley's health before Park Grill testimony

CHICAGO (WLS) -- A Cook County judge will consider whether former Mayor Richard Daley is healthy enough to testify at the trial involving Chicago's Park Grill restaurant.

It's been three years since Mayor Rahm Emanuel filed suit against Millennium Park's Park Grill restaurant. The city is trying to get out a "sweetheart deal" signed back in 2004 that they say cheats taxpayers out of millions of dollars. The city's attorneys say the lease is illegal because it was agreed upon by the park district without council approval. So now, attorneys for the Park Grill have subpoenaed former Mayor Richard Daley.

"Our position in this case is that the city knew about this concession agreement, knew that it had been awarded. Participated in it every step of the way and approved it. The mayor's testimony we believe will support that," said Stephen Novack, Park Grill attorney.

When and if that testimony will come is the question. On Tuesday, a Cook County judge rejected Daley's attorneys' request that he quash the subpoena based on a deposition given last year, which allegedly proves the former mayor doesn't know enough about the deal. The judge stopped short of issuing a ruling, however, because Daley's attorney also said he should be excused from testifying on medical grounds.

"I don't know of any case where a witness has been so seriously ill that you can't make some sort of accommodation. I've had depositions for trials at hospital rooms. Unless you can show that some kind of examination is going to cause him to have a heart attack and collapse, I doubt it's going to be enough to keep him off the stand," said Prof. Richard Kling, Chicago Kent College of Law.

In fact, while Daley did suffer a stroke earlier this year, he's been seen in public several times since then and was in Texas last week for the mayor's conference. His brother, John Daley, was recently quoted as saying the former mayor is in excellent health.

In court Tuesday, Daley's attorney requested that any medical information they provide be kept from the public.

"He is no longer the mayor. He's a private citizen and should be held to the same standard as a private citizen," said Cook County Judge Moshe Jacobius in response to that request, while at the same time granting Daley's attorneys more time to make their case to keep the former mayor off the stand.

Whether or not details of Daley's health are read in open court or not, it could be at least another month until it's decided whether whatever is in them is enough to keep him from testifying. At this point, attorneys we've spoken to say they fully expect that in the end, the judge will compel Daley to take the stand.