 Sam Adam Sr., a storied local criminal defense attorney, said it was
his idea to pull Blagojevich from the stand, a revelation made all
the more shocking by his role in prepping the infamous witness.
Adam told Illinois Statehouse News last week he would personally be
handling Blagojevich's testimony and that he'd been working with the
ex-governor one-on-one for six months to prepare him for the stand.
Blagojevich marched straight from the courthouse directly into
his car, ignoring the cameras, autograph requests and handshakes he
has so relished since the start of the trial.
Neither the former governor nor his attorneys would comment as to
why the defense has abandoned the strategy they have touted as the
key to Blagojevich's vindication. But the prosecution's rough
treatment of his brother and co-defendant Robert on the stand could
not have helped.
There were few calm exchanges between U.S. Attorney Christopher
Niewoehner and the elder Blagojevich, who became agitated by the
detailed questions during Tuesday's proceedings. Niewoehner seized
on several areas of tape and phone records allegedly depicting
Robert as an eager co-conspirator, rather than the annoyed older
brother he claimed to be during his testimony on Monday.
When the prosecutor recited wiretapped conversations, Robert
would read other segments of the transcripts. When Niewoehner tried
to trip him up, Robert often asked the judge if he could give
context to the prosecution's questions. At times he even bellowed,
"All right, I concede" when pressed for clarification.
Former federal prosecutor Rodger Heaton, who helped convict
Alabama Gov. Guy Tucker of fraud in 1996, said Robert's treatment on
the stand could very well have inspired Blagojevich's change of
heart.
"It's very likely (the government) made Blagojevich realize how
tough it is up there," he said. "I'm sure his attorneys warned him,
but it's very different being told how hard it is and actually
seeing it."
The former governor has repeated to anyone who would listen that
he is innocent of the 20-plus charges of corruption against him.
From the beginning of the trial he said FBI wiretaps and his
testimony would "open the lockbox" to his innocence, and his
celebrity defense attorney Sam Adam Jr. echoed the refrain in his
opening statement.
The brash young attorney still wants to see his client on the
stand, according to his father. Adam Sr. said putting the former
governor on the stand was not necessary since the government had
failed to make its case.
"They've proven nothing," he said outside the courthouse. "We
said follow the money, and they followed it all the way to the IRS."
Even if the defense believes the prosecution has no case, the
decision to pull Blagojevich from the stand on the eve of his
testimony could damage Blagojevich's case. Defending one's self on
the stand is always a risky maneuver, but it can be even more
damaging in the jury's eyes to break a promise to testify, according
to Heaton, who now works as a white-collar criminal defense attorney
at Hinshaw & Culbertson.
"It's high-risk and unusual because you may have to eat those
words or explain them away," he said. "It's as damaging as the
explanation they offer."
The explanation offered by Adam Sr. will have to be repeated
early and often to the jurors, but Heaton said the attorney's role
in preparing Blagojevich speaks to another explanation.
"That says to me that (Adam Sr.) just doesn't think (Blagojevich)
will do well up there," Heaton said.
[to top of second column] |
There are, however, other explanations. The defense could have
planned the move from the very beginning, in order to keep jurors'
minds open during the prosecution's case. Such a move could help the
defense, as it offers its own interpretation of the government's
wiretaps and cooperating witnesses.
Federal Judge James Zagel dismissed court more than an hour early
after the defense's infighting about whether to put Blagojevich on
the stand. But as it heads into Wednesday's court session, the
defense may be weighing a more conclusive decision.
The defense has based so much of its case on Blagojevich's
testimony that pulling him out could deflate its entire case. The
former governor could be looking for a plea deal on the 415 years he
could face if convicted.
"It is not at all unusual for defendants to start to recognize
their exposure is greater than they initially expected," Heaton
said. "They could approach the prosecution at any time to discuss
possible plea deals."
Heaton emphasized that it is "almost impossible" to predict what
such a deal would look like or what kind of sentencing Blagojevich
would receive. He was sure of one thing: It will not look good for
Robert Blagojevich.
The defense for the former fundraising chair for the Blagojevich
campaign rested on Tuesday, reserving the right to reopen the case
if the former governor's case somehow introduces new evidence
against him. Robert's attorney, Mike Ettinger, staked the entire
case on testimony from his client and Robert's wife, Julie -- both
of whom said the brothers weren't close and Robert stayed away from
politics.
But Robert's case could be hampered by a guilty plea from his
brother, according to Heaton.
"If the governor pleads guilty, it would pile onto his brother --
lend credibility to the conspiracy charge," he said.
Heaton emphasized the nature of any plea deal is what will
ultimately determine Robert's fate. If Blagojevich pleaded guilty to
charges that didn't involve Robert, such as the alleged shakedown of
a Chicago school, then he could emerge better for it.
Sam Adam Jr. confirmed he is ready to see the fight through,
beginning with testimony from the former governor, though he thinks
he can win without it.
Asked if he was comfortable leaving jurors with the impression of
the Rod Blagojevich they met on tape -- the foul-mouthed governor
with a penchant for $20,000 suits -- Adam replied "certainly," a sly
smile on his face.
[Illinois
Statehouse News; By BILL McMORRIS]
 |
