Judge: Names of Blagojevich jurors to be secret

[May 18, 2010]  CHICAGO (AP) -- The judge presiding over former Illinois Gov. Rod Blagojevich's corruption case said Monday that the names of the jurors will be kept secret from the public to prevent anyone from contacting them to discuss the trial.

U.S. District Judge James B. Zagel said he would release the names after the verdict.

It is improper to attempt to discuss a case with a juror outside of court unless that juror has been discharged by the judge. Zagel said the jurors at Blagojevich's trial would be referred to in the courtroom by number.

Meanwhile, lawyers for Blagojevich said they have decided to go to the U.S. Supreme Court in their effort to delay his corruption trial, which is slated to begin June 3.

Defense attorney Sam Adam said they expect to ask Justice John Paul Stevens to issue an order that would require a postponement of the trial. Blagojevich's lawyers say they want only a brief postponement until the Supreme Court rules on the constitutionality of the so-called honest services fraud law. The ruling is expected before the high court wraps up its work for the summer next month.

The law makes it a crime for public officials to deny taxpayers their honest services. Several charges in the Blagojevich indictment are based on the statute, which critics say is unconstitutionally vague.

Blagojevich has pleaded not guilty to charges that he tried to get benefits for himself and his wife by attempting to sell or trade the U.S. Senate seat President Barack Obama vacated to move to the White House. He has also pleaded not guilty to illegally scheming to pressure campaign donors.

Prosecutors said in court papers filed Monday that in 2008 Blagojevich seriously considered appointing himself to Obama's old seat because he feared he could end up under indictment and believed if that happened, being a senator "would put him in a better position."

They said Blagojevich feared he might be indicted because he was aware that convicted fixer Tony Rezko "was providing information to the government and presumed that some of the information Rezko was providing related to him." Rezko was one of Blagojevich's top fundraisers and a former a key adviser.

Blagojevich is heard on an FBI tape previously made public saying that he could appoint himself to the Senate seat. There also have been several reports that Rezko was cooperating with prosecutors as they prepare for the Blagojevich trial.

But the fresh court papers are believed to be the first time federal prosecutors have said anything about the matter.

Prosecutors stopped short of saying how Blagojevich acquired his knowledge, the extent of it or its accuracy. They also did not say that Rezko has signed any cooperation agreement with the federal government or that he might be a prosecution witness at the trial.

Rezko was convicted in June 2008 of fraud, money laundering and bribery in connection with an alleged $7 million scheme to shake down a contractor and money managers seeking to do business with a state teachers pension fund. His sentencing has been postponed indefinitely.

[Associated Press; By MIKE ROBINSON]

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