Blagojevich Verdict Imminent?

By Jeralyn, Section Corruption Cases
Posted on Tue Aug 17, 2010 at 01:04:01 PM EST
Tags: Rod Blagojevich (all tags)

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The jury in the trial of former Governor Rod Blagojevich and his brother Robert asked for the verdict form today. The judge told them not to indicate how they were split on counts they cannot reach a decision on. They also asked for the juror oath -- is this a last ditch effort to convince a holdout?

It seems a verdict is imminent. From their second note this morning:[More...]

The second question was more telling; jurors wanted to know how they should fill out the verdict form. The note said "If we do not reach a consensus when we complete the verdict form should we leave it blank or report a vote split?" The judge responded by telling them, in summary, that if that can't reach a unanimous agreement on counts, there should be a note written to that extent, but in no way should there be a number listing how many agreed and how many disagreed to each count.

The defendants have been told to stay within 30 minutes of the courthouse. The judge did not give them an "Allen" charge this morning telling them to continue to try and reach a consensus.

Update: Here's the juror oath: "Do each of you solemnly swear that you will well and truly try, and a true deliverance make, in the case now on trial and render a true verdict according to the law and the evidence, so help you God?"

Robert's attorney, Mike Ettinger:

"Someone is going to be read that card and accused of not following their oath," Michael Ettinger, attorney for Robert Blagojevich, told reporters after the hearing. "Why else would they ask for that card?" He added that he believes jurors have "gone as far as they can go."

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Blagojevich Verdict Imminent? | 6 comments (6 topical)

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Allen charge? (none / 0) (#1)
by Saul on Tue Aug 17, 2010 at 01:12:40 PM EST

According to this article an Allen charge can only be issued once.

The Allen charge dates back to the case of Allen Vs. United States in 1896. The courts ruled that a judge did have the right to strongly encourage deadlocked jurors to continue deliberations until a verdict is reached. Today, there are a number of variations on the original Allen charge text approved in 1896. Some of these modifications have been declared unconstitutional or prejudicial by appellate courts, so individual judges tend to use their own approved Allen charge. A judge cannot force or coerce a jury into reaching a verdict by mentioning the expenses of the trial, for example.

Because of its strong wording, courts have held that an Allen charge can only be delivered once during the deliberation phase. The judge can use a less stringent form of Allen charge during his first instructions to the jury, however. Essentially, an Allen charge acknowledges that the jury has become deadlocked or otherwise unable to reach a unanimous decision. The judge reminds the jury of the importance of the trial and how much time and effort has already been expended. Neither the prosecution or defense would want another trial, since the new jury would still hear the same evidence.

The trial judge has shown no inclination (none / 0) (#5)
by Peter G on Tue Aug 17, 2010 at 02:08:32 PM EST

to push the jury toward agreement. An "Allen charge" (sometimes pejoratively called a "dynamite charge") is a tool the judge can use to encourage unanimity, but how the judge supervises the jury's deliberations is very much a matter of discretion. Seems like this judge has decided to let things take their own course.


: Then good for (none / 0) (#6)
by Zorba on Tue Aug 17, 2010 at 02:13:20 PM EST

the judge.

hmm (none / 0) (#2)
by Capt Howdy on Tue Aug 17, 2010 at 01:15:20 PM EST

sounds like it may be a good day for Rod, no?

Guiltty on some but not all (none / 0) (#3)
by MKS on Tue Aug 17, 2010 at 01:23:27 PM EST

charges?


: I have not been (none / 0) (#4)
by Capt Howdy on Tue Aug 17, 2010 at 01:35:33 PM EST

paying that much attention but they sort of sound hung dont they?