 But the aggressive stance the defense team has taken in the former
governor's corruption trial is starting to rub federal Judge James Zagel the wrong way.Blagojevich's lawyers have accused two
prosecution witnesses of lying on the stand this week. Attorney Mike
Gillespie on Thursday asked former Al Gore fundraiser Joe Cari if he
"would lie to avoid prison."
When Cari answered no, Gillespie shot back "but you lied to the
FBI (in 2004)." Cari admitted in his testimony that he lied to
federal investigators about his relationship to convicted
pay-to-play businessman Stuart Levine in the fall of 2004.
The prosecution immediately objected, leading Zagel to scold the
defense attorney.
"You are arguing with the witness, not asking him questions," the
judge said.
Zagel has been unyielding in his effort to prevent the trial from
turning into a spectacle -- a job easier said than done.
Blagojevich and his high-energy lead attorney Sam Adam Jr. appear
to relish the spotlight the trial has afforded.
Their frequent statements to the media have been a top concern
for prosecutors, who submitted a motion to Zagel to bar the defense
from taking its case to television cameras.
The judge was sitting on the motion until Wednesday -- a day
after Blagojevich and Adam Jr. called star witness and former
Blagojevich Chief of Staff Alonzo "Lon" Monk a "liar" on air.
"I don't much care if a juror is exposed to (television news)
about something that happened in court," Zagel said. "What bothers
me is argumentative interpretation … This is an appeal to a form of
defense which the law excludes."
He described Blagojevich's complaints about his "best friend's"
testimony as an appeal to emotions, rather than courtroom evidence.
Such statements could taint the jury's impression of the case, he
said.
Zagel warned both sides to reach a "lawyerly agreement"
concerning media communication by Monday. Lead prosecutor Reid Schar
said the attorneys will meet on Friday.
The defense has tried to paint cooperating witnesses like Monk
and Cari as self-interested manipulators who are inventing testimony
to avoid lengthy prison sentences.
The government's case is largely dependent on the testimony of
former associates, appointees and friends of Blagojevich and
convicted influence peddler Tony Rezko -- many of whom cut deals
with federal prosecutors in connection with corruption charges.
Cari and Monk testified in exchange for reduced jail time on
charges of attempted extortion and bribery, respectively.
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The defense strategy is not without merit. Adam and Gillespie
used the witnesses' previous statements and testimony to challenge
their claims that the governor was looking to enrich himself and
fill campaign coffers in exchange for state action.
But Zagel has taken issue with the showmanship the defense has
used to make its case.
The judge upheld dozens of prosecution objections to the line --
and tone -- of the questioning pursued by Adam and Gillespie.
Zagel's warning may have already had an effect.
Adam's approach to former Rezko associate Ali Ata was far tamer
than any of his previous cross-examinations.
Ata testified on Thursday afternoon that he donated $25,000 to
Blagojevich's campaign fund at the behest of Rezko in exchange for
the job of executive director at the Illinois Financial Authority in
2004.
Adam focused his questioning on whether Blagojevich ever made
such a demand to Ata or if such requests were made in his presence.
Ata testified that Blagojevich was never personally involved in
the demands, though he believes the former governor was aware of
them.
Ata's cross-examination will continue on Monday. The prosecution
also plans on calling two important witnesses, racetrack owner John
Johnston and Bradley Tusk, former deputy governor.
[Illinois
Statehouse News; By BILL McMORRIS]
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