 In its first communication to the outside world since July 30,
jurors on Wednesday asked the judge what can be done to avoid a hung
jury."We have been unable to agree on (some counts)," Zagel read
from the note. "What should the next logical step be (if we can't
reach a unanimous verdict)?"
The note did not go into what specific charges are causing
trouble, and Zagel will ask for clarification on Thursday morning.
The judge was not the only one puzzled by the vague nature of the
note. Mike Ettinger, lead defense attorney for Blagojevich brother
and co-defendant Robert, said he was baffled by the jury's message.
"We don't know what it means," Ettinger said. "(My guess is)
they're hung."
The ex-governor's attorneys would not comment on the matter.
Zagel also intends to inform jurors of what is known as a partial
verdict.
"It is usually best to reach a unanimous verdict ... but (you
can) return a decision in respect to some counts," Zagel read from
his reply.
Zagel's instructions would allow the jury to return a unanimous
verdict of guilty or not guilty on some of the 24 corruption
charges, while maintaining a hung jury for other counts. A jury must
be "hopelessly" deadlocked in order to be declared hung. The judge
will continue to work with jurors to avoid this situation.
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The note also drew the appearance of a frazzled Blagojevich, who
came to court with his wife, Patti -- also appearing uneasy. Somber
prose took the place of the former governor's usual glad-handing as
he walked into the courtroom.
"I missed you guys," he said to spectators as he pursed his lips.
The Blagojevich brothers waived their right to appear in court
until a verdict is reached. The judge's request seemed to catch the
brothers off guard, although Robert was all smiles in the courthouse
lobby. Both defendants will return to the waiting game on Thursday
morning, as the jury begins its 12th day of deliberations.
[Illinois
Statehouse News; By BILL McMORRIS]
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