 The jury
has now been in deliberations for 11 full days -- the same
amount of time it took to convict former Republican Gov. George Ryan
of 18 corruption charges -- with little to show for it. The slow
pace could potentially exhaust the jury and increase the likelihood
of a second trial, according to a legal expert."The longer they
are in deliberation, the more likely a hung jury is," said former
federal prosecutor Rodger Heaton.
Federal Judge James Zagel informed the court the jury is ready to
return verdicts on only two charges, though he would not disclose
the counts or the agreed-upon verdict. The jury noted that it has
not been able to agree upon 11 charges relating to extortion and
bribery and has not yet considered 11 counts of wire fraud.
In a note sent Thursday afternoon, Zagel told the jury it should
go back to square one and assess the wire fraud charges. The
question posed before the jury is whether FBI wiretaps prove
Blagojevich was engaged in a conspiracy when he talked on the phone
with advisers about allegedly auctioning off President Barack
Obama's former U.S. Senate seat, along with other charges of
corruption.
Wire fraud serves as the basis for almost all the subsequent
charges against him and would help establish whether the ex-governor
and his inner circle were engaged in a conspiracy to abuse his
office. Zagel apparently is hoping a decision on these charges can
inspire agreement for the numerous bribery and extortion allegations
against Blagojevich, as well as the charges of racketeering.
Heaton, who helped convict former Arkansas Gov. Guy Tucker of
mail fraud in 1996, said the move made sense, although he thinks the
jury has touched upon the charges to some degree.
"The evidence of the wiretaps overlaps with the racketeering
charges," said Heaton, who now works in white-collar defense for
Hinshaw & Culbertson. "It wouldn't surprise me if they talked about
some elements (of wire fraud)."
The jury's indecision has baffled regulars at the Dirksen Federal
Courthouse, along with the judge.
"It's bizarre. I've never seen anything like it," said Richard
Kling, a defense attorney with 38 years of federal litigation under
his belt.
Kling said speculation is almost useless when a jury is behind
closed doors but that notes can be telling if observers are able to
read between the lines. He said he thinks it is still too early to
declare a hung jury. The jury could just be moving at a slow pace
because of the case's high-profile defendant and the complicated
nature of the charges.
"If you look at the note, it doesn't mean that they are
deadlocked," he said. "It could just mean they haven't voted on some
of the charges."
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Deliberations have gone on for more than 11 straight days, and
Zagel has praised the jury for keeping its cool. He told the court
that he has not heard any sign of tension or raised voices from the
jury room.
"The jury has been exceptionally disciplined," he said on
Wednesday.
Still, the judge is preparing for the worst by allowing the
prospect of a partial verdict, in which the jury returns verdicts on
only those charges with a unanimous verdict, while the rest would be
declared "hung."
Heaton said that an ensuing trial on the remaining counts would
depend upon the jury's verdict.
"If (prosecutors) think they can get enough of a penalty on the
counts of conviction, they may not retry the case," he said.
Blagojevich faces up to more than 400 years in prison if
convicted on all counts.
Heaton said the government would likely pursue a second trial if
the ex-governor was acquitted on several counts and hung on the
rest.
The slow process appears to have taken its toll on Blagojevich,
who showed up to court with little pomp in his step on Wednesday. He
appeared more relaxed on Thursday but remained at the courthouse
until the late afternoon, engaged in conversation with his
attorneys. Those conversations lacked the gregarious tone and
outbreaks of laughter visible from the defense team throughout the
seven-week trial.
Blagojevich will get a reprieve on Friday. The jury will have the
day off to give members time to come back fresh on Monday. It is the
second straight week of truncated deliberations. The jury had a
half-day last Friday, Aug. 6.
[Illinois
Statehouse News; By BILL McMORRIS]
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