 Defense attorney Sheldon Sorosky's brief words and calm tone on
Wednesday brought an end to the 19-month saga the former Illinois
governor has faced after his December 2008 arrest on federal
corruption charges.It was a move that shocked trial observers and
the prosecution when the defense introduced the idea on Tuesday. The
jury, which heard it for the first time on Wednesday, looked equally
puzzled, some turning to each other in whispers, as Sorosky took his
seat. Blagojevich's defense team had told the 18 jurors Blagojevich
would be taking the stand in his own defense.
"It is my decision under advice of counsel (not to testify),"
Blagojevich told federal Judge James Zagel after the jury was
dismissed.
Blagojevich has been very vocal about his innocence and long
promised to take the stand. He soon found his voice again outside
the courtroom.
"In the tapes that the government played, they proved that I did
nothing wrong," Blagojevich said. "The government proved my case,
proved I was innocent -- there was nothing further for me to add."
Blagojevich said the tapes were a part of his First Amendment
rights to free speech and constituted nothing more than talk and in
some cases "ideas (that) were stupid."
The defense's assertion of Blagojevich's lack of action and
absence of enriched bank accounts may not fly in Zagel's court. The
judge reminded the defense team on Wednesday afternoon that
conspiracy is a "crime of words."
The prosecution spent six weeks trying to use those words to
convince the jury that the former governor was a money-crazed
politician whose corruption knew no bounds. The government produced
shopping carts of evidence, including FBI wiretaps that showed
Blagojevich allegedly attempting to shake down businessmen,
educators and other politicians for campaign contributions and
fundraisers. The tapes were narrated by testimony of some of the
ex-governor's closest friends, advisers and alleged co-conspirators.
The defense, which complained that the prosecution went through
its case too quickly, rested after only two days of testimony from
the governor's elder brother and former fundraiser Robert and his
wife, Julie. Not only did the former governor refuse to testify, but
his defense team called no witnesses.
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Blagojevich's lead attorneys, Sam Adam Sr. and his son Sam Jr.,
said there was no reason to testify, arguing that the prosecution
failed to make its case.
"Their entire case was rested on two witnesses (and alleged
co-conspirators), Lon Monk and (John) Harris, and these tapes," Adam
Sr. said. "They failed to prove their case. ... They failed to meet
the burden of proof."
The father-son duo appeared correct in at least one aspect of
their assessment. Zagel might throw away charges that Blagojevich
arranged a state contract for the Teachers' Retirement System to
Bear Stearns, which employed GOP fundraiser Bob Kjellander as a
lobbyist. Prosecutors alleged Kjellander kicked back some of his
$750,000 fee to Blagojevich.
The judge said the prosecution was "missing" proof that there was
indeed a kickback in the 2003 contract. He will rule on the charge,
along with other defense motions, on Thursday.
The defense team downplayed Blagojevich's refusal to take the
stand, saying the prosecution failed to call several high-profile
witnesses, including convicted influence peddler Tony Rezko and
convicted former Illinois Health Facilities Planning Board member
Stuart Levine. Adam Sr. dismissed questions about the prosecution
using the two men as rebuttal witnesses to refute Blagojevich's
potential testimony.
"Why not bring them in the first place?" he said.
Closing arguments are expected on Monday, more than two months
earlier than expected.
Blagojevich faces a maximum sentence of nearly four centuries in
prison if convicted.
[Illinois
Statehouse News; By BILL McMORRIS]
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