Blagojevich attorney says he's willing to go to jail for client

[July 27, 2010]  CHICAGO -- Fireworks were expected, delivered and shortly dismissed on Monday in what was supposed to be the final day of the federal corruption trial of former Illinois Gov. Rod Blagojevich.

Lead defense attorney Sam Adam Jr. was cut off by the judge within minutes of outlining his final push to prove Blagojevich's innocence. The showman attorney told federal Judge James Zagel -- the jury was absent -- he intended to violate his orders not to talk about convicted influence peddler Tony Rezko and other potential witnesses who never took the stand. A relatively quiet day of closing arguments soon exploded.

"I'm prepared to go to jail for this, your honor," Adam Jr. said after Zagel cut off his soliloquy about Rezko.

"It doesn't do your client any good to be held in contempt, though it may or may not be personally satisfying," the judge said.

The judge warned the defense team on Friday not to go into the argument -- he anticipated Adam Jr.'s defiance and dismissed the jury to review the defense's argument. He criticized the defense's lack of preparation and said Blagojevich may be better supported with another attorney.

Adam Jr. reaffirmed outside the courthouse that he was prepared to serve time for his client.

"My father once did 10 days for a guy," he said. "I'd absolutely do the same."

Adam Jr.'s battle with the judge came during the twilight of closing statements. Marathon closing statements by the prosecution and lawyers for Robert Blagojevich -- the former governor's older brother and fundraiser -- have extended the trial by another day.

U.S. Attorney Christopher Niewoehner meticulously outlined the case federal prosecutors presented to the jury for the last six weeks, using a combination of graphs and headshots of witnesses as visual cues.

Niewoehner began with the allegation that Blagojevich attempted to exchange the U.S. Senate seat formerly held by President Barack Obama for money, campaign contributions, job opportunities and other forms of personal gain. The government attempted to convince the jury that Blagojevich's behavior throughout his six years in office reflected years of criminal enterprise, with Blagojevich at the center of it all.

"The thing that connects all of these schemes is Rod Blagojevich," he said. "If you find him guilty on one, you have to find him guilty of the others."

The government harkened back to FBI recordings taken through wiretaps in Blagojevich's campaign headquarters and private telephone lines. The conversations served as the backbone of the prosecution's case against Blagojevich. His former advisers narrated hours of tape throughout the proceedings and described for the jury the ex-governor's alleged criminal intentions.

"I've got this thing and it's f----n' golden," Niewoehner quoted from a transcript of a Blagojevich wiretap. "And I'm not going to give it away for f----n' nothing."

Niewoehner used such quotes to take the jury back to the trial's opening day, when Adam Jr. told jurors the tapes would show Blagojevich talking politics, rather than money. The prosecutor seized on the opportunity to mock the defense's interpretation of the "tangible political reforms" mentioned by Blagojevich in a December conversation with advisers. Prosecutors said Blagojevich was referring to an Indian community leader's pledge of $1.5 million to his campaign in exchange for appointing U.S. Rep. Jesse Jackson Jr. to the Senate.

"Mr. Adam told you that 'tangible political support' was health care reform endorsements," he said. "What evidence have you seen that tangible political support is health care endorsement? Zero."

Adam Jr. had a look of disbelief on his face during Niewoehner's summation of the defense's opening statement, as if he were being misquoted. The prosecutor tried to hammer home to the jury that action was not needed to convict Blagojevich.

"Those agreements and those attempts are crimes," Niewoehner said. "You don't need to be a successful criminal to be a criminal."

The prosecution faces some challenges in convicting Blagojevich, despite mountains of documents and miles of tapes. The defense is trying to argue that Blagojevich was a man who ran his mouth without much backup to his unfiltered vulgarity -- a notion Adam Jr. said was confirmed by the ex-governor's actions. Though Blagojevich asked for campaign donations or sat on state actions, he never followed through. A horse track bill was signed, a hospital received its money and a school got its grant -- all without the requested campaign donations.

Niewoehner tried to meet this argument head-on by reviewing each charge -- emphasizing that Blagojevich only needed to take steps -- like arranging meetings with fundraisers and alleged targets -- to be found guilty of conspiracy.

"Those agreements and those attempts are crimes," Niewoehner said. "You don't need to be a successful criminal to be a criminal."

The prosecutor asked the jury to use common sense in judging the former governor -- and used one of the trial's most important witnesses to make the case: a Children's Memorial Hospital executive who said he was a target of a Blagojevich shakedown for $25,000.

"Pat Magoon hadn't heard the tapes (of conspiracy), but he knew immediately what was happening," Niewoehner said. "Now you do ... find him guilty."

Adam Jr. was unable to rebut the prosecution's case because Niewoehner exceeded the two-hour time limit the judge allotted him for his closing statement. Blagojevich is depending on his celebrity defense attorney to make his case entirely -- the ex-governor backed down from taking the stand and his defense rested without calling any witnesses.

Blagojevich appeared in court on Monday with wife Patti, their two daughters and a sister-in-law, state Rep. Deb Mell, D-Chicago.

Another family member was in the courtroom -- his brother and co-defendant Robert Blagojevich. The Tennessee businessman and former Blagojevich fundraiser said his relationship was "strained" as a result of the trial. His defense attorney, Mike Ettinger, emphasized the distance between the brothers.

"He came up here for four months to improve a fractured relationship," he said of Robert's time with his younger brother's campaign. "Robert came up here ... to help his brother in need."

Ettinger stressed that Robert's association with the Blagojevich campaign does not prove that he was a party to any conspiracy, nor was he aware of the existence of any criminal activity. He was a fundraiser cold-calling people he knew only as potential donors -- not anyone with interests in state business.

The prosecution said the elder Blagojevich "lied" on the stand when he said he did not mix politics with fundraising.

The jury is scheduled to begin deliberations tomorrow about the fate of the former governor, who faces 415 years in prison on charges of attempted extortion, racketeering, wire fraud and bribery. Robert faces four counts of corruption in connection to the sale of the Senate seat and more than 20 years in prison, if convicted.

The defense will make its final pitch to the jury tomorrow -- possibly without its chief orator.

[Illinois Statehouse News; By BILL McMORRIS]