Tag: Rod Blagojevich (page 4)

The Judge in the trial of former Illinois Governor Rod Blagojevich and his brother Robert asked the jury this morning for clarification of their note yesterday. Their answer: They are unanimous on two counts, divided on the remainder, and haven't yet reached the wire fraud counts. Via the Chicago Sun Times:

"Your Honor," their note reads. "In response to your communication of 11 August, 2010, 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."

The Judge wants to respond: [More...]

While no one other than the participants and judge has seen the entire note the jury sent out in the trial of former Illinois Governor Rod Blagojevich Wednesday, from the media description, I don't see what's so mysterious about it. The money quotes, first from the Chicago Tribune:

U.S. District Judge James Zagel, reading from a note from jurors, said they had made “a reasonable attempt” after deliberating 11 days and had done so “without rancor.”

The jury indicated it wanted to know what happens if it cannot agree on a unanimous decision on every count. The panel had matched up specific acts in the case to individual counts and was unclear on what to do next, the note said. “What is the next logical step?” the jury asked in its note. [my emphasis]

Separately, one defense lawyer said that jurors also indicated they couldn't reach a conclusion on counts involving a "specific act."

My take: The jury matched up some, but not all acts with counts. It sounds to me like the jury is unable to resolve the two RICO (racketeering)counts (one charging substantive RICO and the other charging conspiracy to commit RICO.) The RICO counts require the jury to find Rod Blagojevich committed (or for conspiracy, agreed that some member of the conspiracy would commit)at least two acts of racketeering, and they have to be unanimous on at least two acts. [More..]

On their 11th day of deliberations, the jurors in the trial of former Illinois Governor Rod Blagojevich and his brother Robert have a question. The judge will hear it at 2:30 pm CT.

This is the first peep from the jurors since their first days of deliberations when they requested a transcript of the Government's closing argument and of witness testimony. Both requests were denied, although the judge said they could ask for witness transcripts by individual name.

Sam Adam, Jr., attorney for Rod Blagojevich, is a bundle of nerves. He's not eating or sleeping, waiting on the 12 people who will decide his client's fate.

"It's not easy," he says. "You hope and you believe there are people in that jury room fighting for your side, but the truth is that you really don't know. And that's what makes it so hard."

Jury deliberations resume today.

I'm hearing that the jury foreman in the trial of Rod Blagojevich and his brother Robert Blagojevich is #135, described by Time Magazine (which doesn't state he's the foreman) as:

Juror 135: Japanese-American male, senior citizen. He was born in California's Manzanar internment camp in 1944, where many Japanese Americans were imprisoned during WW II. The retired former videotape librarian served as a Marine in Okinawa and is a Vietnam veteran. His wife was a Chicago public-school teacher. He once served on a jury that reached a verdict. He said that he considers all that he's heard before the trial on the Blagojevich case — on both sides — to be hearsay.

Robert Blagojevich has a distinguished military background. Maybe, if the foreman doesn't like hearsay (and remember, the government didn't call Tony Rezko, Stuart Levine, Jesse Jackson, Jr. or Rahm Emanuel) he won't credit what others said about them. Robert did testify, and by the accounts I've read, was very credible.

One thing I haven't seen much reporting on is how the individual jurors reacted to the testimony and closing arguments. That may be because so few reporters were in the actual courtroom, as opposed to the media overflow room, which just had audio. So it's too soon to say whether Juror #135 as foreman gives either brother a boost, but it could be a good sign, particularly for Robert.

The jury now wants transcripts of the entire trial, and the judge has agreed, although they will have to ask for them by witness name.

Rod Blagojevich objected, Robert Blagojevich and the Government did not.

The Judge has also denied Rod Blagojevich's last motion for mistrial based on closing arguments. [More...]

10:37 am MT: The jury in the trial of former Illinois Governor Rod Blagojevich and his brother Robert had a question for the judge this morning. They asked for a transcript of closing arguments. The judge told them closing arguments were not evidence and refused.

Rod Blagojevich tweeted an hour ago:

Thanks so much for the messages. I'm reading them and they are very much appreciated. Thanks for your belief in me.

While their names won't be released until after a verdict, the media is turning its attention to the jurors about to decide the case of former Illinois Gov. Rod Blagojevich and his brother Robert.

There are six men, six women. They include:

....a legal assistant, a public school math teacher, an avid marathon runner, two college students, a retired letter carrier and a man who was born in a California detention camp for Japanese-Americans during World War II.

17 jurors heard the case, but 5 will become alternates. The 12 with the lowest juror numbers will be the deciding jurors. More description below: [More...]

Team Blago today filed another motion for a mistrial (there have been several throughout the trial, all denied.) This one (available on PACER) is based on the limits placed on Sam Adam Jr.'s closing arguments:

Determinations of credibility and findings of fact are the province of the jury. Throughout the closing argument of Attorney Sam Adam, Jr., the government objected approximately three dozen times, with improper objections.

The court, in an apparent endorsement of the government in front of the jury, erroneously ruled on the government‟s improper objections, making findings of credibility and fact. This violated Rod Blagojevich rights to due process, a fair trial, effective assistance of counsel and the right to present a defense case, in contravention of the United States Constitution, Amendments 5 and 6.

[More...]

Bump and Update: Closing arguments are over. The jury will be instructed and begin deliberating tomorrow. After court was over, Patti Blagojevich burst into tears and Rod told reporters as he was leaving, ""I hope you have a prayer left for us."

Another line from Sam Adam, Jr. in closing: "“As much as I like him, and as much as he’s loved around the world, this is a man who considered appointing Oprah Winfrey (to the U.S. Senate),” Adam said. “No one’s going to say he’s the sharpest knife in the drawer, but he’s not corrupt.” [More...]

Here's former Governor Rod Blagojevich, his wife Patti and daughter Amy arriving at court today. Rod seems composed and is still signing autographs. There were people in line to get in at 3:45 a.m. Here's a picture of the line from the local NBC affiliate. Everyone wants their seat in the front row of history.

Court's back in session in Chicago. Sam Adam, Jr. is there. The judge told Sam Adam he can't argue missing witnesses, but gave him a hint how to get around his ruling: Do it in the final minutes of his closing, so when the Judge makes him sit down, he'll have gotten everything else in.

Zagel tells Adam that if he steps over the line in his closing argument, the judge will sit him down in the middle of his remarks. So, Zagel suggests, if Adam wants to step over this line, he should reorganize his argument and put that part at the end -- so the judge can sit him down when it's about to be over.

At that, Sam Adam Jr. stops and looks around the courtroom, slowly scanning as if in amazement. The judge calls a 10-minute recess to give Adam time to rework his argument.

The Judge also told Adam he wasn't going to get thrown in jail for contempt: [More...]