 Whether
he can pull that off at the hearing beginning Tuesday may
play a role in determining the sentence imposed for his 18
convictions, including that Blagojevich sought to auction off the
Senate seat Barack Obama was vacating to become president.The
former governor has never wavered in insisting on his innocence,
from his celebrity turns on national television to his gabby days on
the witness stand. But even a hint of obstinacy in court could anger
Judge James Zagel and scuttle any hopes Blagojevich harbors of a
lesser sentence, according to legal experts and a former politician
who faced the same dilemma.
"You just can't walk into your sentencing and say you've been
railroaded. Forget about it. That time's over," said Jim Laski,
former Chicago city clerk, who was sentenced in 2006 to two years in
prison for corruption. "You darn well better walk in with a heavy
heart, saying you made mistakes and that you accept the decision of
a jury of your peers."
Most experts say Zagel is likely to sentence Blagojevich to
around 10 years in prison. Much less would be seen as lenient. More
than 10 would make the sentence one of the stiffest for corruption
in Illinois' long history of crooked politics.
Blagojevich, 54, will likely go to a low-security prison. But his
life will be strictly regimented, and the father of two girls will
be largely cut off from the outside world. He'll also have to work a
menial job -- possibly janitorial work -- at a wage of just 12 cents
an hour.
In requesting Blagojevich get between 15 and 20 years,
prosecutors noted that he has shown no remorse and has even
"belittled the seriousness of his offences."
Blagojevich's lawyers countered that federal guidelines dictate
Blagojevich get about 3 1/2 years to a little more than four years
in prison, and they have argued for even less.
Defense lawyers say the twice-elected Democratic governor will
address Zagel directly in court, but they haven't indicated just
what he'll say or who else could speak on his behalf in a hearing
that the judge says will last into Wednesday.
[to top of second column] |
There has been no hint the defense intends to strike a
conciliatory tone. In challenging prosecutors' proposed sentence,
Blagojevich attorney Carolyn Gurland said it is "disconnected to the
facts of this case ... in which the initiative and action at issue
were all perfectly legal."
An earlier filing also suggests Blagojevich may not accept any
guilt. His attorneys asked to play at the sentencing unreleased FBI
wiretap recordings that they claim show Blagojevich never had ill
intent. Zagel rejected the request, which harkened to Blagojevich's
mantra since his Dec. 9, 2008, arrest -- that if authorities only
played all the recordings, they would clear him of wrongdoing.
Gal Pissetzky, a federal defense attorney with no connection to
the case, said he believes any show of defiance would be a mistake.
"If you continue to shove it in the judge's face by (insisting on)
your innocence at sentencing, it takes away from your goal of less
time in prison," he said.
Judges have enormous discretion in sentencing, and their
decisions can come down to notions of what constitutes justice and
deterrence.
[Associated Press;
By MICHAEL TARM]
Copyright 2011 The Associated Press. All rights reserved. This
material may not be published, broadcast, rewritten or
redistributed.
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