 He faces a prison term of up to five years -- though how and when he
is sentenced depend on a host of factors, including plans by
prosecutors to retry him on 23 deadlocked counts and Blagojevich's
own vow to appeal the conviction.Lying to authorities carries the
least severe penalty of the charges Blagojevich faced in that first
trial, and some legal observers believe that -- based on sentencing
guidelines -- he could get six months to three years on that charge
alone.
If the Democrat is imprisoned, Illinois would achieve the dubious
distinction of having two ex-governors locked up on criminal charges
at once. Blagojevich's Republican predecessor, George Ryan, was
convicted on corruption charges in 2006 and is expected to be in
prison until 2013.
But even without a retrial of Blagojevich, the governor known for
his coifed haircut and expensive suits likely would not be crossing
through a prison gate anytime soon.
It can normally take more than a year to get to sentencing after
a conviction as officials compile sentencing reports and the appeals
process runs its course. And this case is far from straightforward.
There are so many potential complications in sentencing
Blagojevich right away that all sides, including the judge, will
likely agree to wait, said Jeff Cramer, a former federal prosecutor.
"There is no way he's sentenced before a second trial," he said.
"It's not happening."
No one knows yet when a second trial will even get under way. It
could be a few months or more than a year. A hearing set for
Thursday could shed light on that.
Prosecutors have good reason for wanting to hold off, said
Cramer.
If a second trial ends with Blagojevich convicted on other counts
-- nearly all of which carry longer sentences -- prosecutors would
likely be content with a lighter penalty for lying, he said. But if
a second trial ends with Blagojevich acquitted on everything else,
prosecutors are sure to press for the stiffest sentence on the lone
conviction at the first trial.
There's jury psychology to consider, too.
The prosecution may fear that sentencing Blagojevich before a
second trial may inadvertently influence jurors -- making them less
likely to convict him on additional charges.
"Future jurors may end up thinking, ‘He's already going to prison
for six months -- that's enough for me,’" said Michael Helfand, a
Chicago attorney not connected to the case. "Consciously or
subconsciously, jurors might factor that in arriving at verdicts."
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Sentencing before a new trial would also put the defense in a
bind.
U.S. District Judge James Zagel, who would both sentence
Blagojevich and most likely preside over a second trial, can take
expressions of remorse into account in sentencing.
But if sentencing occurred before a new trial, Blagojevich could
be in the awkward position of expressing remorse to Zagel at a
sentencing hearing and then having his attorneys argue before a jury
in a second trial that he's never done anything wrong.
And what sentence might Zagel impose for lying to the FBI when he
does get around to it?
Guidelines set to help judges decide that question can be
complicated, requiring they factor in everything from prior records
to harm done.
Blagojevich doesn't have a prior criminal record, and lying to
the FBI, in itself, didn't cause monetary loss -- all of which may
point to a sentence on the lower end of the scale. But he wasn't
just anyone lying to federal agents; at the time, he was the state's
twice-elected chief executive.
"Part of sentencing is deterrence," said Helfand. "And they may
not want a convicted felon governor getting off lightly. ... (His)
lie affects how the government system runs."
It's unlikely Blagojevich gets either the full five-year prison
term or that he walks with mere probation, Cramer and Helfand
agreed. Cramer thought Blagojevich could get as many as two or three
years, while Helfand thought he'd get closer to six months.
That may well be the range Zagel will consider. His sentencing
record doesn't necessarily reveal much about what he'll do with
Blagojevich, said Cramer.
"He's fair but not a pushover by any stretch," he said. "I've
seen him be generous to someone he's sentencing, and I've see him
hold someone's feet to the fire."
Where Blagojevich would serve any prison sentence would have to
be determined as well. The Federal Bureau of Prisons said it tries
to send inmates to facilities within a 500-mile radius of their
homes.
[Associated Press;
By By MICHAEL TARM]
Associated Press writer Deanna Bellandi contributed
to this report.
Copyright 2010 The Associated Press. All rights reserved. This
material may not be published, broadcast, rewritten or
redistributed.
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