"Patti and I have great confidence (in the jury) and faith in their
judgment, common sense and decency," he said. "Ultimately, in the
final analysis, Patti and I always have a deep and abiding faith in
God. ... It's in God's hands."
Blagojevich may have to maintain some patience in his wait. Federal
Judge James Zagel, who has generally stayed mum about the direction
of the trial, said he was certain of only one thing Wednesday
morning.
"I'm not anticipating (a quick verdict)," Zagel said before calling
the jury into the courtroom for the final time.
The jury has endured a lengthy trial, despite Blagojevich's decision
not to take the stand and his attorneys' refusal to call any
witnesses. Jury instruction, itself a standard courtroom procedure,
took more than an hour, as Zagel read from the 136-page document
prepared jointly by prosecutors and defense attorneys.
Jury members were attentive throughout the instruction period.
Blagojevich appeared to be just as rapt by the judge's monotone
voice, leaning over to his defense team to discuss certain
guidelines. The same could not be said of his wife, Patti, who could
be seen knitting at times. The couple's daughters were noticeably
absent for the first time this week. His brother and alleged
co-conspirator, Robert, looked alert but relaxed during the
instruction, leaning back in his chair as he followed along.
The divergent mannerisms of the Blagojevich brothers during
Wednesday morning's hearings could stem from the disparate
indictments. The former governor faces 20 more counts of corruption
than his brother and could be sentenced to as many as 415 years in
prison if convicted.
The lengthy indictment is also partly responsible for Zagel's
reservations about an imminent decision. Zagel will soon eliminate
five alternate jurors from the final pool of 17. He indicated
Wednesday morning that those cuts will be done on a numerical basis
-- juror identities have been kept private from the public. The five
jurors numbered above 148 will be named as alternates, though in the
event of an emergency, the court can call these jurors back.
Zagel has made juror anonymity a top priority in the trial, denying
multiple media requests for the identities. He has said the
high-profile nature of the trial has drawn out passionate
individuals on both sides of the case who could try to contact the
jurors. The judge returned to this theme on Wednesday morning.
"Don't let fears of public opinion influence you," he said. "This is
your job and yours alone."
Defense attorney Sam Adam Jr. has tried his best to turn the tide of
public opinion for his "favorite client."
"I love Rod Blagojevich. ... I love that man," Adam said outside the
courtroom." My daughter was born 1 pound, 6 ounces and All Kids was
the reason she was allowed to live. ... My wife and I now have a
beautiful 35-pound baby."
Chari Adam, the attorney's wife, said the couple's daughter Sydney
was born three months premature in November 2006. She claims All
Kids helped to cover the cost of the treatment when the tiny
"miracle baby' spent nearly a year in and out of the hospital. All
Kids was part of Blagojevich's children's health care initiative
while in office.
"That was always the inside joke when we first heard Rod needed a
lawyer," she said with a smile.
[to top of second column] |
Blagojevich said stories like that of his attorney have kept him
going throughout the year-and-a-half ordeal.
"To know that real good things happened to a lot of people and that
has sustained me during this very difficult period," he said.
The judge said such stories should not influence the jury. The
extensive list of instructions, along with miles of tape and weeks
of testimony, will serve as the jurors' sole factors in reaching
their verdict.
Following are some of the guidelines for the 24 charges the
ex-governor and his brother face. The asterisk signifies a count
that Robert Blagojevich also faces.
-
WIRE FRAUD, Counts 3 through 13, 4*
One of the straightforward charges against the brothers Blagojevich.
The prosecution must prove that the conspirators used telephone
lines to further a criminal act. All the jury needs to figure out is
if Blagojevich ever committed a crime (it's safe to say he used a
phone).
-
EXTORTION/CONSPIRACY 17, 21*, ATTEMPTED 14, 15, 19, 22*
A guilty verdict requires evidence that Blagojevich used fear of
loss (monetary, etc.) to influence an action. The judge said
Blagojevich did not need to intend to cause fear to be found guilty.
-
BRIBERY/CONSPIRACY 16, 20, ATTEMPTED 18, 23*
A guilty verdict requires evidence that Blagojevich used his office
to benefit an individual who he had asked directly or indirectly for
a contribution. The prosecution must prove that he was knowingly
influenced by the possibility of a contribution.
-
RACKETEERING/CONSPIRACY, 1, 2
All-encompassing charge. If the jury finds Blagojevich guilty of two
or more of the other offenses, he will be guilty of racketeering and
conspiracy to commit.
-
FALSE STATEMENTS, 24
The jury must determine that Blagojevich knowingly lied to FBI
agents when he told them there was a firewall between fundraising
and governance.
The jury will have six copies of the instructions on hand when
they convene, along with six copies of the indictment, but "only one
verdict," Zagel said as he brought the trial to a close.
[Illinois
Statehouse News; By BILL McMORRIS]
|