Another mistrial motion shot down
Wednesday, Jul 7, 2010 - Posted by Rich Miller
* Rod Blagojevich’s defense attorneys have filed yet another mistrial motion…
In a motion filed overnight, attorney Sam Adam argues that the defense was denied the right to engage in “meaningful cross examination” of FBI agent Patrick Murphy who testified yesterday.
The judge denied it…
Zagel chided defense lawyers for suggesting in their motion that the agents were under some obligation to disclose to Blagojevich all the evidence of illegal activity they were investigating when they questioned him.
Zagel said it was a red herring for the defense team to raise the fairness of the interrogation as a reason for a mistrial, especially since Blagojevich wasn’t closeted alone with his interrogators but was surrounded with his own lawyers at the time. If Blagojevich’s lawyers want to suggest that the former governor came to feel entrapped, they are free to ask him about it when he takes the stand in his own defense — something Blagojevich has vowed to do, Zagel said.
Much of the defense plea for a mistrial amounted to “a needless waste of time,” Zagel said, because it was based on being blocked from refuting charges unrelated to the government case against Blagojevich.
“It’s a common thing for criminal defense lawyers to re-characterize the accusation and then try to refute the accusation that the government isn’t making,” Zagel lectured.
* Judge Zagel also reined in the defense lawyers over their choice of surveillance recordings…
Defense attorneys for both Blagojevichs submitted the list of tapes they plan to play when they present their case. Zagel told them to go over their lists again and choose the conversations with the most significant passages, as the lists they submitted would have the jury listening to tapes for two to three weeks. Zagel said that would be a waste of time.
An explanation for why they wanted some of those tapes played…
Rod Blagojevich’s attorneys say they are basing his defense on the idea that the former Illinois governor had no intention of violating the law and acted only after getting advice from lawyers.
His lawyers had said that before but outlined it in their clearest statement to date in papers filed late Tuesday. It is designed to show Judge James Zagel why FBI wiretap tapes they want to play at Blagojevich’s corruption trial supply evidence for their defense.
* And we’ll get a full defense list by Monday…
The prosecution asked Zagel to ask the defense teams to make it clear soon what witnesses they plan to call to testify. Zagel determined the defense has until Monday to do so.
Expect another fight over that, and probably another mistrial motion.
* Related and trial roundup…
* Mayor Bloomberg’s Secret Weapon: A source close to the mayor puts it more bluntly: “Not only does he want Bradley on his team, he wants him to be a quarterback.”
* Executive: Afraid when FBI came to ask about Blago
* “The Tollway Was Connected to My Campaign Contributions”: Witness
* Blagojevich’s unkind word for fund-raisers
* Dick and Rod, Fellow Strivers
* Pantagraph: Just a thought …
* Blagojevich trial: Juror dismissed due to parent’s illness
* Suburban exec ties Blagojevich fundraising to tollway project
* Former Friends of Blagojevich director: Rod Blagojevich called fund-raisers “Bulls—-ers”
* Sneed: Blago giggles at his swearwords
* Blagojevich trial: Day 20 and recap
* Blagojevich trial: Friends of Blagojevich finance director takes the stand
* Blagojevich trial: Defense cross-examines FBI agent Patrick Murphy
* FBI agent who oversaw wire tap operation retires
* Witness: Blagojevich linked billions in state road funding to campaign contributions
* FBI agent: Blago denied linking contracts, donations
* FBI agent: Rod Blagojevich told FBI he kept politics, fund-raising separate
* Blagojevich told FBI of ‘firewall’
* Roadbuilder says Blagojevich raised fundraising deadline after talking up tollway plans
* Former FOB fund-raiser: Rod Blagojevich was involved in fund-raising
* Finance director: Rod Blagojevich’s fund-raising expectations “unrealistic.”
* Fundraising goals were unrealistic, ex-financial official says
* Keeping close tabs on fundraising
* Blagojevich trial: Former Friends of Blagojevich director concludes testimony
* ‘Repeat offenders’
* Agent: Not my job to share info with Blago
* Focus is on Patti’s real estate commissions
* Realtor, FBI agent: Patti Blagojevich accepted cash, did no work on Rezko sales
* Defense: Patti’s work for Rezmar was legitimate
* Rezko Employee: Patti did no Work
* ‘How’s the suit?’ Blago asks as trial resumes
* Witness: Campaign money didn’t pay for Rod Blagojevich’s fancy suits
- Anonymous - Wednesday, Jul 7, 10 @ 12:07 pm:
Lannie Krozel (Jerry Krozel daughter in law) executive director illinois liquor commission hired under Blago
- Really?? - Wednesday, Jul 7, 10 @ 12:32 pm:
How many mistrial motions is that now? Two or three. For someone who says he wants to testify and clear his name, Blago sure seems to be trying to get out of that.
- VanillaMan - Wednesday, Jul 7, 10 @ 12:36 pm:
The Flip Of My Hair - Robinson, enhanced by VanillaMan
People said I was the life of the Party
Because I could raise a buck or two
I now face a judge whose hair is not hearty
So naturally I’m feeling blue
So take a good look at my hair
You’ll see it looks perfect from over there
If you look closer, it’s a nightmare
The flip of my hair.
I need it, need it!
Since my arrest it lost it’s luster and it’s curl
It’s color has come undone
Although it may still be cute
My hair is no longer a beaut
Because all this stress is no fun.
So take a good look at my hair
You’ll see it’s shine is no longer there
If you look closer, most likely you’ll stare
At the flip of my hair.
I need it, need it!
Outside, Paul Mitchell’s bailing
Inside, my shampoo is failing
It’s falling down, oh yeah
It’s now a mousy brown!
My hair has gone lifeless
Thanks to all of this BS.
It’s true!
So take a good look at my hair
You’ll see it looks like I haven’t a prayer
I’m trying to hide it with my choice of neckware
The flip of my hair!
- Ghost - Wednesday, Jul 7, 10 @ 12:48 pm:
With every witness the prosecution case looks tighter and the Blago opening argument more o a circus side show.
Interestingly it appears his attorneys have spent a lot less time on substantive cross examination then the defense attorneys in several other corruption cases.
- zatoichi - Wednesday, Jul 7, 10 @ 12:59 pm:
“the former Illinois governor had no intention of violating the law and acted only after getting advice from lawyers.”
So here is the lifetime “It was my attorneys, not me.” excuse card being played. Fits right into the perpetual loop and could be Rod’s next book.
- Stooges - Wednesday, Jul 7, 10 @ 1:04 pm:
It seems like they are making up their defense strategy as they go. All pre-trial they were pushing the “nutty, spontaneous leader” who blustered and really didn’t mean what he said. Now we are going to hear that all the lawyers in his orbit told him it was ok to ask for contributions in return for him signing bills or selecting the preferred senate appointee.
- Vote Quimby! - Wednesday, Jul 7, 10 @ 1:11 pm:
==no intention of violating the law and acted only after getting advice==
LOL zatoichi…I was thinking the same thing: a variant of the “Scott Fawell defense”
- Ghost - Wednesday, Jul 7, 10 @ 2:29 pm:
Of ocurse for that defense to work you have to toss ou Lon Monks testimony that blago hadbeen planning this from the get go.
of course it is a bit of a fallacy to say you can break the law if you get advice of counsel….
- Edison Parker - Wednesday, Jul 7, 10 @ 3:09 pm:
Zatoichi,
Not just his next book but the next page in the playbook. I’ll bet any amount of money that any appeal alleges ineffective assistance of counsel and Rod’s PR machine trashs Sorosky and the Adames for blowingthe case; giving him bad advice, making him testify, keeping him from testifying, whatever.
Blago has all the classic characteristics of a client that will blame his attorneys if he loses and credit himself if they prevail. Genson looks smarter every day for walking away from this case.
- Quinn T. Sential - Wednesday, Jul 7, 10 @ 3:21 pm:
I lost track of the proceedigs. I recall that Harris has testified with respect to things said by Quinlan, but has Quinlan himself testified yet or not?
Would Blago be able to invoke privilege against Quinlan testifying for the government? If he were called by the defense, then is it open season on him by the government in cross examination? If called to testify would it be possible for him to exercise his 5th amednment right n order to avoid testifying; even if Blago waived the privilige? If he were to take the 5th, then where does that place him in the cross hairs of the federales who may; or may not have already interviewed him?
It seems like this defense strategy places the attorneys that may have been representing the Governor in a difficult spot. Also; while there were a lot of attorneys in the room, and participating in the process (some of whom have plead or have been given immunity) it would seem that only Quinlan would fall into the category of actually representing the Governor as an attorney.
- chicago 7 - Wednesday, Jul 7, 10 @ 3:40 pm:
Blago’s lawyers continue to make serious strategic and tactical blunders.
The old adage, “Ignorance of the law is no excuse” is still very good law. Thinking that something is legal (or not illegal) is not a defense, no matter whose counsel you are relying on.
And they’re making a hash of their cross examination. The number one rule of a cross examination is that you ask leading questions, not questions that are open ended. And they seem to have forgotten that rule. Their open-ended questions give the G’s witnesses a lot of latitude to rejects the defense’s apparent theme.
- Easily Entertained - Wednesday, Jul 7, 10 @ 4:37 pm:
If Quinlan’s stint as Counsel to the Governor was a State position, the law is pretty clear his client is the State of Illinois, or perhaps the executive office of the Governor - not Blago personally. If so, his duty not to reveal client confidences is to the State of Illinois - not Blago.
He may need to take the fifth if there is evidence he knew Blago was committing crime, and failed to report it.
- Quinn T. Sential - Wednesday, Jul 7, 10 @ 4:49 pm:
Easily Entertained,
So if that is the case then do you believe the federales would be inclined to call; or not call Quinlan for the prosecution?
- Sueann - Wednesday, Jul 7, 10 @ 8:39 pm:
Blog will win and I am happy for him on that. Illinois voters are too busy selling their votes for the newest entitlement scheme to worry about important things
- justsickofit - Wednesday, Jul 7, 10 @ 10:38 pm:
@chicago 7 But have you noticed how many times the defense’s leading questions are shot down by Zagel as argumentative? I agree about not asking open ended questions on cross, but I have been scratching my head and asking myself — is it different in federal court? Why is Zagel doing this? We’ll see if he does it when the prosecutors cross — I am going to bet he doesn’t.