Blagojevich trial fireworks expected today

[June 08, 2010]  CHICAGO -- The federal courthouse is expected to be flooded with spectators Tuesday, as opening statements are set to begin in the corruption trial of former Illinois Gov. Rod Blagojevich.

But it won't just be national media and interested citizens crowding the courthouse. Fifty prospective jurors will also be in attendance -- 10 more than federal Judge James Zagel wanted.

Now it is up to the defense and prosecutors to send 22 more jurors home during the peremptory strike phase of the process, in which attorneys can dismiss jurors for any reason other than gender and race. The defense will be allotted 13 strikes, while the prosecution will receive nine.

But even if all of those challenges are used, the court will still be left with 12 jurors and 16 alternates -- a large number.

Former federal prosecutor Rodger Heaton said it will be up to Zagel to cut excess jurors.

"He doesn't have to sit everybody," he said. "He has the discretion to choose how many alternates he wants."

Heaton, who helped convict former Arkansas Gov. Guy Tucker of mail fraud in 1996, said 50 is a high but understandable number.

"That doesn't surprise me at all given the length and high profile of the case," he said. "Things can happen, jurors get sick. The judge is trying to make sure he has enough."

The court wrapped up the last of initial jury interviews on Monday afternoon. Nearly 90 candidates have gone before the court since Thursday, but the court could only find cause -- bias or hardship that prevents a juror from being fair -- to dismiss about 38 jurors.

Zagel was thorough throughout the process, interviewing each of the 90 candidates for about eight minutes each, regardless of an inevitable dismissal. Oftentimes the conversation turned to hobbies, jobs or dogs.

Juror 183, for example, worked with health care advocacy groups and had two close friends handling public relations for the former governor, but that didn't stop Zagel from asking about her decision to attend law school.

Heaton said Zagel had the ability to end the initial questioning phase at any time, dismissing the remainder of the jury pool before they took the stand.

But Zagel is not one to waste any potential jury member's time, a tendency which has caused the Blagojevich family some heartache.

Zagel denied the former first couple's request to postpone Tuesday's hearing so they could attend their daughter Amy's grammar school graduation.

He explained on Friday that the denial was in their best interest. The trial is expected to last up to four months and the jury could become jaded by delays.

Blagojevich still hopes to finish opening statements early Tuesday, but his own attorneys could cost him the opportunity. Lead attorney Sam Adam Jr. requested up to 2 1/2 hours for the former governor's opening statement because of the magnitude of the case.

The judge, however, decided to grant Adam an hour and 45 minutes instead.

Opening statements will begin at 11 a.m. with the prosecution's hourlong statement, followed by a 45-minute speech by attorney Mike Ettinger, who is representing the former governor's brother and fellow defendant, Rob Blagojevich.

The former governor said he is confident he can emerge from the trial unscathed, despite the uphill climb he faces over public scrutiny and hours of recorded conversations of his alleged criminal activity, which include an attempt to auction off President Barack Obama's former U.S. Senate seat.

"It's nice to be back because this is the place where we can finally get the truth," he said as he walked into the courthouse on Monday morning.

Blagojevich faces more than 20 counts of corruption charges, including bribery, extortion and racketeering. He faces up to 415 years in prison if convicted.

[Illinois Statehouse News; By BILL McMORRIS]