 In comments that could signal a lengthy prison sentence for
Blagojevich, Judge James Zagel made it clear that he did not believe
the suggestion made by defense attorneys that Blagojevich was duped
by aides and advisers."There is no question from his tone of
voice that he was demanding," Zagel said of Blagojevich's comments
on phone conversations secretly recorded by the FBI. "His role as
leader is clearly shown by his actions."
And in his first openly harsh assessment of Blagojevich's
performance on the witness stand, Zagel said Blagojevich was lying
when he testified that he planned to appoint the state's attorney
general to Obama's seat in a legal political deal.
"I think this is untrue," he said. "I thought it was untrue when
he said it, and I think it is still untrue."
Blagojevich, who sat at a defense table in a dark pinstripe suit,
was expected to address Zagel later in the hearing. Legal experts
have said he needs to display some remorse. But the big unknown is
whether the often cocksure ex-governor will beg for mercy or yet
again protest his innocence.
Before proceedings began, Blagojevich stood, rubbing his hands
and occasionally biting his lip. His wife, Patti, sat behind him on
a spectators' bench. Their two daughters were not present.
The impeached state executive-turned-reality TV star has good
reason to feel anxious at the two-day hearing. He faces the prospect
of 10 or more years behind bars. If Zagel settles on a sentence of
more than a decade, that would make it one of the stiffest penalties
imposed for corruption in a state with a tradition of crooked
politics.
That history shouldn't count against Blagojevich, his attorney
told the judge. Carolyn Gurland said it would be unfair to
Blagojevich for Zagel impose a stiffer sentence because of previous
officials sent to prison, such as former Gov. George Ryan and
congressman Dan Rostenkowski.
"The law is clear that he should not be punished because of the
history of corruption in Illinois," she said.
If Blagojevich gets the sentence prosecutors recommended, she
said, he would become the most severely punished public official in
state history.
Prosecutors want the twice-elected governor sentenced to 15 to 20
years, arguing that he has not only shirked all responsibility for
his crimes but repeatedly thumbed his nose at the U.S. justice
system.
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Blagojevich's attorneys have said he has already paid a price in
public ridicule and financial ruin, and they propose a term of just
a few years. They have also taken an approach judges often frown
upon at the sentencing stage: continuing to insist their client is
innocent.
Gurland told the judge that it isn't true Blagojevich hasn't
grasped the severity of his legal plight, but she seemed to stop
short of saying he accepted responsibility, saying only, "Mr.
Blagojevich has faced up to the fact of his conviction."
But she also argued that the case was exceptional, saying the
public wasn't harmed. Gurland said Zagel should take into account
the fact that Blagojevich did not "receive a single penny" in
ill-gotten gains -- unlike other cases in which politicians were
convicted of public corruption.
"Rod Blagojevich received nothing," she said, adding that
Blagojevich was doing what politicians do -- seeking campaign
contributions, not "money stuffed into envelopes."
[Associated Press;
By MICHAEL TARM and DON BABWIN]
Copyright 2011 The Associated Press. All rights reserved. This
material may not be published, broadcast, rewritten or
redistributed.
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