Blagojevich Jurors Done Till Next Week

By Jeralyn, Section Corruption Cases
Posted on Thu Aug 12, 2010 at 05:10:00 PM EST
Tags: Rod Blagojevich (all tags)

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Bump and Update: The jurors in the Blagojevich trial have gone home. They are taking tomorrow off. Thus, no verdict before next week, at the earliest. From their jury note:

"We've deliberated on all acts and counts with the exception of the wire fraud counts. We have reached unanimous agreement on two counts. We have been unable to agree on any of the remaining counts."

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Earlier I wrote about the unwieldy and confusing jury instructions in the trial of former Illinois Governor Rod Blagojevich and his brother Robert, particularly with respect to the racketeering acts.

Major props to WBEZ political reporter Sam Hudzik, for matching up the alleged acts with the various charges on all the counts and posting a shorthand version, with explanations and the verdict form for each count. [More...]

First, here is the indictment and the jury instructions.

For Sam's shorthand version, go here. Really well done.

More details on the jury instructions and charges, and what must be proven, here.

< Omar Khadr's Lawyer Collapses in Court, Trial Recessed | Blagojevich: Reading the Tea Leaves >

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Blagojevich Jurors Done Till Next Week | 13 comments (13 topical)

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Unanimous on 2 Counts (none / 0) (#1)
by squeaky on Thu Aug 12, 2010 at 04:54:39 PM EST

The jury in Rod Blagojevich's corruption trial told the judge today that they have only come to unanimous agreement on two of the 24 charges.
As for the other 22 charges, the jury said they haven't even begun to discuss the 11 wire fraud charges. They have not been able to come to a decision on the other 11

TPM

Which means that they have either acquitted him of two counts or charged him with two counts, no?

Right now, there are three productive things (5.00 / 2) (#4)
by scribe on Thu Aug 12, 2010 at 05:42:11 PM EST

which can be done with the time while the jurors are out:

Go work on something else.
Take a nap. (My favorite when it's clear the jury should only be out for a short time, but do it in the gallery, not at counsel table. Sleeping at counsel table is a bad habit to get into.)
Put one of these to work while you sit in the courthouse cafeteria, drink beverages, read the papers, kibitz about cases and gossip and solve the problems of the world with the other lawyers there.

All the rest is just speculation.


It could be (none / 0) (#2)
by Jeralyn on Thu Aug 12, 2010 at 05:25:09 PM EST

Rod not guilty of 2 counts (probably the racketeering, counts 1 and 2. They may have decided there was no enterprise, so they didn't have to go further into the racketeering acts.)

Or, they could have found Rod guilty of two counts.

Or, they could have found Robert not guilty of two counts. Or, they could have found Robert guilty on two counts

Or they could have decided one count each for Robert and Rod.


In Any Case (none / 0) (#3)
by squeaky on Thu Aug 12, 2010 at 05:38:00 PM EST

The confusion, uncertainty and delay, all appear to be about reasonable doubt....

According to the CSM, this bodes well for the defense. Particularly if there is a mistrial, the defense gets to use all the transcripts from this case....


Peter G gave an alternative (none / 0) (#6)
by Cream City on Thu Aug 12, 2010 at 06:21:35 PM EST

interpretation in last night's thread on the trial that was cogent and persuasive -- and not good for Blago.


Yes, Saw That (none / 0) (#7)
by squeaky on Thu Aug 12, 2010 at 06:35:38 PM EST

I haven't seen the jury's note quoted in full anywhere, so I am going by the newspaper renditions, which are unclear to me. It may be that the jury is saying it has reached unanimous agreement on some counts, but cannot agree on others. But it also seems possible that the jury is saying it does not have agreement on any count. In that situation.....

Considering that Peter G's theory was based on the later circumstance that there was no agreement on any counts, his argument does not apply, at least according to his post.


Squeaky reads me right. (none / 0) (#11)
by Peter G on Thu Aug 12, 2010 at 08:36:40 PM EST

As long as the jury is committed to the two verdicts it has reached (guilty or not guilty or one of each or whatever), I guess I don't see the pressure to compromise that I was discussing last night coming into play any more. It seem possible to me, by the way, that by "unanimous on two counts" they mean unanimous as to both defendants on two counts. It could be four verdicts.


Got it; thanks (none / 0) (#13)
by Cream City on Thu Aug 12, 2010 at 09:14:08 PM EST

-- although for a jury deliberation about which we really know nothing, it's interesting to see the interpretations change!


: CCity (none / 0) (#14)
by Peter G on Thu Aug 12, 2010 at 09:52:49 PM EST

could you e-mail your address to Jeralyn: talkleft-at-aol.com. I'd like to respond further to you directly, if you agree. TL will forward your address to me.

Those are just to many instructions (none / 0) (#5)
by Saul on Thu Aug 12, 2010 at 06:05:34 PM EST

You need a few days just going over the instructions. I can see how frustrating a juror can be trying to follow all these instructions and also deciding guilty or not guilty on each count.

Frustrating, absolutely. . . (none / 0) (#8)
by Untold Story on Thu Aug 12, 2010 at 06:35:48 PM EST

and well could create enough reasonable doubt that a guilty verdict would never be given.

Most people, I think, feel they would rather find someone not guilty when the charges and instructions are not clearly understood, rather than forcing a defendant (and themselves) to live with the consequences of a wrong verdict.

Two counts have been decided (none / 0) (#10)
by Untold Story on Thu Aug 12, 2010 at 07:03:00 PM EST

So, if next week, the jury is unable to reach an unanimous decision and sent word to the judge, do the defendants have the choice of accepting the two counts as decided by the jury and a mistrial on the other 22 charges? Or, are they forced to accept those two decided?

: The choice is not the defendant's (none / 0) (#12)
by Peter G on Thu Aug 12, 2010 at 08:39:36 PM EST

(or the prosecutor's). How long to keep the jury deliberating, and when (or whether) to accept a partial verdict is up to the judge, based on the jury's expressed suggestions or preferences, and after hearing any comments from the parties (defense and government) that they may offer.