Despite the fact that the only new testimony was shaky at best, the jury took less than four hours to decide their guilt and six hours to decide the penalty. Half the jurors wanted to impose the death penalty and half wanted life in prison. Ultimately Roger was sentenced to ninety-nine years in Joliet State Prison.
When the verdict was read, Roger gagged, coughed violently, vomited, and had to be carried out by deputies while the courtroom exploded in cheers.
In a separate trial, Isaac Costner and Basil Banghart were also found guilty for their role in the Factor kidnapping and given ninety-nine years each. Costner screamed double-cross and said that the federal government promised to let him off with five years if he testified against the Touhys in the Factor case. The government denied any such promise, saying that they had no interest in making deals for the Cook County States Attorney's Office. The day Roger Touhy went to prison, the syndicate, led by Rocco DeGrazio, moved into his section of Cook County and never moved out again.
Now that Roger and the others were convicted, John Factor had a problem; he was going to be extradited, or so he thought.
But the U.S. Department of State made no moves to extradite him and Factor was free. He had beaten deportation. However, the conviction against him by the English courts was ordered to remain in effect until he was tried before a Royal Bench in England and that day would come sooner than he or anyone else realized.