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*** UPDATED x26 *** JURY APPEARS DEADLOCKED, BUT NOBODY KNOWS IF IT’S ALL COUNTS

Wednesday, Aug 11, 2010 - Posted by Rich Miller

*** UPDATE 26 - 5:58 pm *** Chuck Goudie was just on Roe Conn’s show and talked about how there seems to be an indication that there was something in that note which wasn’t shared with the public. The speculation focuses on what Michael Ettinger told reporters. He seemed to strongly indicate that the note meant Robert Blagojevich was off the hook. But, who the heck knows at this point?

Here’s the Ettinger video

*** UPDATE 25 - 5:30 pm *** The always reliable Paul Meincke has one of the better summations of what happened today. Make sure to watch it


*** UPDATE 24 - 5:13 pm *** From the Sun-Times

Jurors said in their note that they are “hopelessly deadlocked” on every count that involves an act, an attorney for Robert Blagojevich told the media after court.

Lawyers are now scratching their heads, trying to figure out what that means, attorney Michael Ettinger said in a press conference at around 4:50 p.m.

The jury might be saying they are “hopelessly deadlocked” on the racketeering charges, Ettinger speculated. That’s a lengthy and complicated charge that is divided into six separate “acts.”

Attorneys saw the entire note sent out by the jury earlier today; only portions were read in court a little while ago. Judge James Zagel has responded in writing, asking the jury for clarification.

Ettinger responded with “I don’t know” over and over again when asked if he thinks the jury’s note meant they were deadlocked on every count or just some.

*** UPDATE 23 - 5:00 pm *** Chuck Goudie

Blago jury gone for day. Will return in morning to tell judge on how many counts they are deadlocked.

What we really need is a full and accurate transcript of that jury note. Nobody seems to have it since the judge quoted bits and pieces and summarized it. From Susan Berger…

Bottom line. Everyone confused.

Yep. Me too.

*** UPDATE 22 - 5:00 pm *** Michael Ettinger, an attorney for Robert Blagojevich…

“We don’t know what it means, the judge doesn’t know what it means.”

*** UPDATE 21 - 4:54 pm *** Robert Blagojevich attorney Michael Ettinger just told NBC5 that he has been instructed to return to court tomorrow at 11.

*** UPDATE 20 - 4:52 pm *** I asked Susan Berger a few minutes ago whether everything but the post-game interviews were finished for the day. Here’s her response…

Not clear. Possible jury could respond with another note.

*** UPDATE 19 - 4:49 pm *** The Tribune has added this line to its blog post, which may give us a clue as to what’s going on

The jury indicated it wanted to know what happens if it cannot agree on a unanimous decision on every count. The panel had matched up specific acts in the case to individual counts and was unclear on what to do next, the note said.

“What is the next logical step?” the jury asked in its note.

*** UPDATE 18 - 4:21 pm *** Judge’s response

Judge James Zagel told the jury, essentially, to continue deliberating.

More

Judge Zagel will ask them to clarify if they have reached a unanimous decision on any of the counts, then proceed from there.

More

U.S. District Judge James Zagel, reading from a note from jurors, said they had made “a reasonable
attempt” after deliberating 11 days and had done so “without rancor.”

“What is the next logical step?” the jury asked in its note.

Zagel said in court that he needs further clarification from the jury before deciding the next step.

The jury wants to go home for the day, the judge said.

More

Zagel read from the note he will send back to the jury. It asks them which counts, if any, they have been able to agree on, and also explains that it’s “permissible” for them to submit a unanimous decision on some counts and be hung on others.

“I’ll give this to the jury and we’ll see what happens,” the judge said.

Still more

Jury said they could not reach a decision on given counts. Did not say on all counts as some are reporting

AP News Alert

Jurors in Blagojevich corruption trial tell judge they cannot reach agreement on “any given count.”

*** UPDATE 17 - 4:18 pm *** At least they appear to have a unanimous verdict on some counts

Inquiry frim jury - unable to reach unanimous on some counts- what is next step?

*** UPDATE 16 - 4:18 pm *** Uh-oh

The jury can not reach a unanimous decision on given counts

Jury: “We’ve gone beyond reasonable attempts”

Judge Zagel says there has been NO shouting heard from jury room. They are “Exceptionally disciplined”

*** UPDATE 15 - 4:16 pm *** And, we’re off

Judge here. In session

*** UPDATE 14 - 4:14 pm *** Lots of family there. Can’t be a little thing, can it?

Robert #Blagojevich’s son Alex and wife, Julie are also here

*** UPDATE 13 - 4:09 pm *** Robert Blagojevich has arrived

Robert Blagojevich enters courtroom without a word

ABC7 video of Rod Blagojevich arriving


Butterflies

As the former governor arrived with his wife, Patti, shortly before 4 p.m. today, he was asked by reporters how he was feeling and he responded: “Butterflies.”

*** UPDATE 12 - 3:59 pm *** From Susan Berger

Blago way more somber than usual

IL Statehouse News

brother Robert still not in court, the ex-gov and his attorneys bring somber looks

*** UPDATE 11 - 3:54 pm *** Rod Blagojevich has arrived at the Dirksen Federal Building

Rod and patti here. He says “missed u guys” to people waiting

“Here” means he’s on the 25th floor.

*** UPDATE 10 - 3:52 pm *** The perils of post-modern reporting

Everyone still waiting outside the courtroom. Blackberry batteries are running low. So a powerstrip is being used to charge 9 phones

*** UPDATE 9 - 3:51 pm *** The media gathers outside waiting for Blagojevich’s arrival…

*** UPDATE 8 - 3:27 pm *** It’s gonna be awhile

Word is blago just left his house in a Red Chevy 3:20 pm

Google maps says it’s a 17-minute drive, but I hardly think they can make it there that fast. Plus, he has to get through security. It’ll be awhile yet.

*** UPDATE 7 - 3:26 pm *** Natasha

Ex-governor Rod Blagojevich and his brother, Robert, are expected to arrive at the Dirksen Federal Building shortly. Barricades have been put up on Dearborn Street and reporters and camera crews are slowly gathering outside.

It’s an unexpected development in what seemed at first to be — and which could still turn out to be — a simple court hearing about a jury question.

But the fact that the defendants were asked to show up does raise some eyebrows. Court personnel has not said anything about a verdict — they normally do, when one is reached.

If the jury reveals that it is deadlocked, Judge James Zagel will likely tell them to keep deliberating and do their best to come up with a verdict.

*** UPDATE 6 - 3:01 pm *** Chuck Goudie

Source says this IS NOT a verdict. Judge wants ex-gov and bro there to hear jury question.

*** UPDATE 5 - 3:00 pm *** NBC5

BREAKING: Judge Zagel has requested #Blagojevich appear in court today. More to come.

*** UPDATE 4 - 2:55 pm *** From NBC5’s Twitter page

defense attorneys have been in courtroom for almost 1 hour. Media not allowed inside. We are lined up in hallway on the

*** UPDATE 3 - 2:52 pm *** The latest rumor

Hearing word thet #Blagojevich may be on his way to Dirksen court building.

That was posted right after this

Somethings up. Word is barricades up outside. Blago on his way here? Just speculation

*** UPDATE 2 - 2:38 pm *** From Susan Berger’s Twitter page

There are thoughts this must be significant- the lawyers have been in the courtroom for 30 minutes. We are not yet allowed in

*** UPDATE 1 - 2:32 pm *** From the Sun-Times’ Blago Blog

But in the meantime, something a bit out of the ordinary — attorneys are having a closed-door conference with Judge James Zagel. They were told to meet him in the courtroom at 2 p.m.

We don’t know if they’re privately discussing the jury’s question before it is made public in open court, or if they’re talking about something else entirely. But it certainly has the media abuzz with the possibilities.

Lots and lots of rumors. Keep your powder dry. We’ll know soon.

[ *** End Of Updates *** ]

* A hearing is scheduled for 2:30 this afternoon in Rod Blagojevich’s case. Apparently, the jurors have sent the judge another question

Attorneys were told to be at the courthouse this afternoon and were not told that their clients must also attend.

The question comes on Day 11 of deliberations and eight days after the 12-member panel last communicated with the judge in the case.

The last communication from jurors came on July 30th when they asked for all the trial’s testimony.

Everybody, just take a deep breath. We’ll know more later this afternoon. The rumors have been swirling, but one of Blagojevich’s defense lawyers just tamped it all down

But defense lawyer Sheldon Sorosky says his information suggests that the matter is only a procedural question, and nothing more.

* Roundup…

* Long list of crooks, short memories

* Blagojevich’s luster dims, his stench remains

* Blagojevich trial: Still no word as Day 10 comes to a close

* ‘We were counting on Jesse Jr. being called

* Waiting on Blagojevich verdict is the hardest part

* Another day at Blagojevich trial with no verdict

* What’s Up With the Blagojevich Jury?

       

106 Comments
  1. - NeveroddoreveN - Wednesday, Aug 11, 10 @ 12:58 pm:

    Would democrat day at the fair be tainted if a conviction/acquittal occurred the same day?


  2. - Rich Miller - Wednesday, Aug 11, 10 @ 12:59 pm:

    NeveroddoreveN, I dunno, but it would certainly screw it up for me. lol


  3. - Springfield Sceptic - Wednesday, Aug 11, 10 @ 1:04 pm:

    On the other hand, if it happened on Republican Day at the Fair would they organize another parade???


  4. - Pot calling kettle - Wednesday, Aug 11, 10 @ 1:12 pm:

    I think the Dems would be more than happy to have that verdict and move the story out of the news. They would probably have a parade.

    During the last few years of his tenure, the only Blago supporters at Governor’s Day seemed to be those he had bussed in. Since no one is busing in supporters for Rod, I doubt there would be any tears shed for a conviction.


  5. - John Bambenek - Wednesday, Aug 11, 10 @ 1:20 pm:

    Headline if Blago is convicted on Dem day…

    “Even in Disgrace, Blagojevich Steals the Limelight”


  6. - Cincinnatus - Wednesday, Aug 11, 10 @ 1:29 pm:

    I’m wondering if the jury is down to the last one or two counts of the case.

    Either that or they’re tired of the single ply toilet paper and they are requesting Charmin.


  7. - Ghost - Wednesday, Aug 11, 10 @ 1:32 pm:

    The Jury wants to know if they can get alligator on a stick and fried candy bars for dinner.


  8. - Pot calling kettle - Wednesday, Aug 11, 10 @ 1:32 pm:

    If they ask what is for lunch tomorrow, they’re gaming the system.


  9. - Been There - Wednesday, Aug 11, 10 @ 1:38 pm:

    ===but it would certainly screw it up for me. lol===
    Late scratch in the fifth race….Rich Miller.


  10. - Gunner the Runner - Wednesday, Aug 11, 10 @ 1:49 pm:

    JURORS: “Ummm so we are a hung jury…”

    Judge: “Ok, we have a procedure for this.”

    JURORS: “No, You dont understand. We would like to hang him.”


  11. - Wensicia - Wednesday, Aug 11, 10 @ 2:56 pm:

    Wow, is this it?


  12. - Lincoln Parker - Wednesday, Aug 11, 10 @ 2:57 pm:

    Why would Blago be coming if its just a procedural question?


  13. - Cincinnatus - Wednesday, Aug 11, 10 @ 2:58 pm:

    If this is a verdict, one wonders what drove the reporting on a “Jury Question” unless the question was can we give a verdict today.

    I’m on the edge of my seat here….


  14. - Rich Miller - Wednesday, Aug 11, 10 @ 2:59 pm:

    Just watch the Sheila Simon video again and try to relax. lol


  15. - OneMan - Wednesday, Aug 11, 10 @ 3:02 pm:

    Yes because Banjo and singing like that always makes me relax….


  16. - Cincinnatus - Wednesday, Aug 11, 10 @ 3:03 pm:

    Because of the commenters on Simon’s video, I’m staying away from it.

    Because of the “no verdict” today, I stand behind my toilet paper comment, if you will…


  17. - Duper - Wednesday, Aug 11, 10 @ 3:08 pm:

    I wonder if Zagel is pushing for a plea bargain?


  18. - Secret Square - Wednesday, Aug 11, 10 @ 3:08 pm:

    Sounds like the jury has a question which the judge could not answer without first getting the approval of the defendants and their attorneys… perhaps a request to look at certain documents, or reread a portion of the testimony?


  19. - Lincoln Parker - Wednesday, Aug 11, 10 @ 3:13 pm:

    SS, I bet your right, probably something minor but the judge doesn’t want Blago to be able to claim he took some action without allowing him or his lawyers to voice their opinions.


  20. - Quinn T. Sential - Wednesday, Aug 11, 10 @ 3:17 pm:

    In the interest of sanity, can you bump this up ahead of the banjo blog


  21. - John Bambenek - Wednesday, Aug 11, 10 @ 3:18 pm:

    It’s not the banjo singing that made me relax. It was the unconsciousness caused by repeated blunt trauma to the head as I was head-butting the sidewalk that caused relaxation… of sorts.


  22. - Quinn T. Sential - Wednesday, Aug 11, 10 @ 3:21 pm:

    Boris & Natasha have been unusually silent on this afternoon’s events


  23. - Rich Miller - Wednesday, Aug 11, 10 @ 3:22 pm:

    ===In the interest of sanity, can you bump this up ahead of the banjo blog===

    No.


  24. - OneMan - Wednesday, Aug 11, 10 @ 3:24 pm:

    If it was minor I don’t think it would have required that long of a pre-meeting.

    My guess, they want to offer a verdict on one of the brothers now.


  25. - OneMan - Wednesday, Aug 11, 10 @ 3:25 pm:

    Msjournalist

    Word is blago just left his house in a Red Chevy 3:20 pm #blagojevich


  26. - Quinn T. Sential - Wednesday, Aug 11, 10 @ 3:27 pm:

    I have occasionally believed you had no interest in sanity, and now you have just confirmed it, LOL


  27. - OneMan - Wednesday, Aug 11, 10 @ 3:28 pm:

    If Springfield and politics were sane there would less of a need for CapFax


  28. - Cincinnatus - Wednesday, Aug 11, 10 @ 3:32 pm:

    Does anyone think the jury is deadlocked? I would find it hard to believe, but for the purpose of discussion while we await the outcome:

    “Do the Democrats or Republicans benefit if the jury is deadlocked. Explain.”


  29. - Pot calling kettle - Wednesday, Aug 11, 10 @ 3:37 pm:

    I suspect Sam Adam Jr. probably insisted that the defendants be present for whatever this is. He’s trying to continue his whole “big show” thing as best he can.


  30. - IrishPirate - Wednesday, Aug 11, 10 @ 3:43 pm:

    I’m thinking that perhaps the jury has come back with not guilty verdicts for Rod and guilty verdicts for Rob.

    Of course I’m drinking.


  31. - Demoralized - Wednesday, Aug 11, 10 @ 3:44 pm:

    @Cinci:

    I don’t think anthing related to Blago benefits the Dems. He was still impeached and removed from office. Plus, I have no doubt if it were a deadlock situation that the Feds would try to prosecute again. Which drags the process along again.


  32. - Wensicia - Wednesday, Aug 11, 10 @ 3:45 pm:

    Well, if it is just a question they want Blago and his brother to witness and confer with their lawyers about, by the time they get there and the whole prceedure is acted out, it’ll be time for the jury to go home, probably no verdict today.
    Please, someone talk me out of this conclusion.


  33. - Wensicia - Wednesday, Aug 11, 10 @ 3:47 pm:

    Sorry, procedure.


  34. - Demoralized - Wednesday, Aug 11, 10 @ 3:47 pm:

    Maybe the jury is uneducated in the artform of profanity and have asked for a dictionary or thesaurus to help them out.


  35. - Cincinnatus - Wednesday, Aug 11, 10 @ 3:51 pm:

    Latest Ward Room update http://twitter.com/Ward_Room

    Everyone still waiting outside the courtroom. Blackberry batteries are running low. So a powerstrip is being used to charge 9 phones

    OMG, how will we get updates if the batteries run dry?


  36. - Ghost - Wednesday, Aug 11, 10 @ 3:53 pm:

    === Maybe the jury is uneducated in the artform of profanity and have asked for a dictionary or thesaurus to help them out. ===

    they can call Rich as an expert.

    I always wanted to watch a profanity off between Blago and Rich… I think Rich would win, but the cigarettes might slow him down enough for blago to take the lead.


  37. - KeepSmiling - Wednesday, Aug 11, 10 @ 3:54 pm:

    No glove or anything, right?


  38. - Cincinnatus - Wednesday, Aug 11, 10 @ 3:55 pm:

    Blago is in the building!!!!!!!


  39. - Small Town Liberal - Wednesday, Aug 11, 10 @ 3:55 pm:

    - but the cigarettes might slow him down enough for blago to take the lead. -

    Didn’t Rich quit?


  40. - central illinois - Wednesday, Aug 11, 10 @ 3:56 pm:

    is he alone or is patti there?

    rob?


  41. - central illinois - Wednesday, Aug 11, 10 @ 3:58 pm:

    did he have time to put on a nice suit and tie or is he in jogging attire?


  42. - Concerned Observer - Wednesday, Aug 11, 10 @ 4:00 pm:

    CI — Patti’s there, Rob coming. And he’s in the full suit.


  43. - OneMan - Wednesday, Aug 11, 10 @ 4:01 pm:

    perhaps they answered the question and now have a verdict?


  44. - Cincinnatus - Wednesday, Aug 11, 10 @ 4:05 pm:

    Didn’t we have a death watch on Rob like we did Rod?


  45. - Who cares - Wednesday, Aug 11, 10 @ 4:05 pm:

    Rod looked like his hair was still somewhat wet. I can just picture him sitting around the house in his running attire.


  46. - Give Me A Break - Wednesday, Aug 11, 10 @ 4:06 pm:

    They have called them all back to tell them, “you have got to see that video Miller has up on the blog.”


  47. - girllawyer - Wednesday, Aug 11, 10 @ 4:07 pm:

    If federal court works like state court almost any question is discussed with both sides and they have input before the judge issues his answer to the jury. So it could be anything. But Duper, get a grip. Plea bargaining after a case has gone to the jury only happens on TV.


  48. - Lincoln Parker - Wednesday, Aug 11, 10 @ 4:13 pm:

    Something has to be up, the amount of family members of Rob & Rod reported as being in attendance seems unusual


  49. - Cincinnatus - Wednesday, Aug 11, 10 @ 4:13 pm:

    Court is in session


  50. - central illinois - Wednesday, Aug 11, 10 @ 4:15 pm:

    how old a kid is Alex?


  51. - Publius - Wednesday, Aug 11, 10 @ 4:16 pm:

    Verdict today?


  52. - shore - Wednesday, Aug 11, 10 @ 4:16 pm:

    can’t reach a unanimous decision on some counts. wow.


  53. - IrishPirate - Wednesday, Aug 11, 10 @ 4:17 pm:

    Given Rosty’s death today if this is a verdict I foresee some columns connecting the “death” of old school politics.


  54. - shore - Wednesday, Aug 11, 10 @ 4:18 pm:

    bluto versus niedermyer and bluto (blago) seems to have won round 1.


  55. - Cincinnatus - Wednesday, Aug 11, 10 @ 4:19 pm:

    shore,

    But they did reach decisions on some counts. Probably not a good thing for the Blagos.


  56. - Secret Square - Wednesday, Aug 11, 10 @ 4:20 pm:

    “can’t reach a unanimous decision on some counts”

    They said SOME, not all. Unless the unanimous decision on the others is for acquittal, it’s not looking good for the Blagos.


  57. - Segatari - Wednesday, Aug 11, 10 @ 4:23 pm:

    If the jury is hung on some counts, I’d take a do-over on prosectution in front of a new jury and air the evidence that was not used in this run of the trial.


  58. - Vibes - Wednesday, Aug 11, 10 @ 4:24 pm:

    Rich, he can’t ask them to clarify until he reports the question to the court.


  59. - Cincinnatus - Wednesday, Aug 11, 10 @ 4:30 pm:

    So if we are asking the jury for clarification, and this is taking so long, is the jury encamped on Mars?


  60. - Amalia - Wednesday, Aug 11, 10 @ 4:32 pm:

    there are 24 counts, 4 of which are also
    for the brother. one guilty among ANY of the 24 counts
    lands the elvis governor a conviction. the same is not true
    of one, or even more, acquittals. that would just make him less
    convicted. all we are looking for is one guilty, which may
    end up that way, as in we all seem to think the lying to the
    Fed is the most likely G result. this kind of splitting is
    not unusual. we just dislike one of the defendants more than
    others and we are impatient. jury just went home.


  61. - Lincoln Parker - Wednesday, Aug 11, 10 @ 4:34 pm:

    So is he asking the jury right now or is this going to continue into tomorrow?


  62. - Publius - Wednesday, Aug 11, 10 @ 4:35 pm:

    I’m just as nervous as the Blago’s to try to figure out what is going on with the jury. I have something to look forward too tomorrow then


  63. - Anonymous - Wednesday, Aug 11, 10 @ 4:36 pm:

    They could very well be deadlocked on the counts against Rob Blagojevich. We really have way of knowing. The note seems to imply that they’ve reached a decision on other counts.


  64. - Wensicia - Wednesday, Aug 11, 10 @ 4:39 pm:

    Like I said, I believe the jury will go home, and tomorrow should be the day. Blago will be convicted on some of the counts, how many is the question.


  65. - Cincinnatus - Wednesday, Aug 11, 10 @ 4:39 pm:

    Nothing to see here, time to move along.


  66. - Nuance - Wednesday, Aug 11, 10 @ 4:40 pm:

    A reporter on the Decatur news channel said that the jury could not reach a unanimous decision on any count. Don’t know where they got that. Hopefully not true or it could be a hung jury.


  67. - Concerned Observer - Wednesday, Aug 11, 10 @ 4:42 pm:

    @Nuance they can thank the AP for that one, among others…someone sent out (what appears to be) an incorrect bulletin. It crossed at least four times in succession on my twitter account lol


  68. - And I Approved This Message - Wednesday, Aug 11, 10 @ 4:43 pm:

    All in all, an up day. Not.


  69. - anonymous - Wednesday, Aug 11, 10 @ 4:44 pm:

    I was in the courtroom, and even the reporters were unsure afterwards what it meant, though most seemed to assume that it meant that they were hung on some counts, not all, and that is what I took from it. Zagel also said he would get the note to the jury right away, but he felt that they wanted to go home for the day. My un-expert opinion felt that they have unanimous on some counts. He also said that the jury has been exceptionally quiet the whole time they have been deliberating.


  70. - VanillaMan - Wednesday, Aug 11, 10 @ 4:48 pm:

    So, they are making progress!


  71. - Segatari - Wednesday, Aug 11, 10 @ 4:48 pm:

    How the heck can the jury be deadlocked on everything?? I cannot believe this. The smoking guns are there and yet the jury cannot figure this out? A shakedown of a children’s hospital doesn’t get noticed by this jury?

    If it’s a hung jury, it’s bad news for the Dems, because that means the Blago’s WILL be retried in front of a new judge and jury and the feds will not hold anything back for rebuttal on the second goaround.


  72. - Publius - Wednesday, Aug 11, 10 @ 4:52 pm:

    I’m proud that this jury is working hard, they have a difficult decision and at least they are professional about it


  73. - IrishPirate - Wednesday, Aug 11, 10 @ 4:54 pm:

    This needs a Kipling quote:

    “The silliest woman can manage a clever man; but it needs a clever woman to manage a fool”


  74. - Cincinnatus - Wednesday, Aug 11, 10 @ 4:58 pm:

    Parse “any given count” carefully, it sounds like they have a different vote on any count you mention, and they can’t reach consensus on ANY count.


  75. - Anonymous - Wednesday, Aug 11, 10 @ 5:02 pm:

    A question - if Blago is convicted on some counts, and the jury is hung on some others, can the feds choose to retry him on the counts the jury was hung on?


  76. - Demoralized - Wednesday, Aug 11, 10 @ 5:04 pm:

    @Anonymous:

    Yes


  77. - Cincinnatus - Wednesday, Aug 11, 10 @ 5:06 pm:

    - Anonymous - Wednesday, Aug 11, 10 @ 5:02 pm:

    “A question - if Blago is convicted on some counts, and the jury is hung on some others, can the feds choose to retry him on the counts the jury was hung on?”

    Sure, but I think they would only do so if Rod was convicted on some lesser charge that carried hardly any penalty. If they get him on the heavy hitting charges, what’s the difference between a sentence of 200 versus 400 years?


  78. - Pot calling kettle - Wednesday, Aug 11, 10 @ 5:09 pm:

    Rich: Sorry, I couldn’t help myself. I promise to show more restraint in the future.


  79. - Anonymous - Wednesday, Aug 11, 10 @ 5:12 pm:

    @Cincinnatus

    What I’m wondering is they’ve found him guilty on the making false statements to the feds count (since that seemed to be the most obvious count), but have deadlocked on the more serious conspiracy charges. I don’t know what kind of sentence the false statements charge by itself would draw, but I’m guessing it would be a lot less than what prosecutors were hoping for at the start of the trial.

    Of course, it’s all conjecture - what do we know? We’ll just have to wait until tomorrow.


  80. - Pot calling kettle - Wednesday, Aug 11, 10 @ 5:13 pm:

    It may be that every juror is willing to find Rod guilty of some counts, but there is not unanimity on any single count. That would probably frustrate the jury and generate confusion. — Esentailly: “We find him guilty, but we cannot agree on the charge.”


  81. - Joe from Joliet - Wednesday, Aug 11, 10 @ 5:15 pm:

    == Everyone confused ==

    Appropriate moniker for the Blah years.


  82. - Rich Miller - Wednesday, Aug 11, 10 @ 5:19 pm:

    Pot, that crossed my mind and I hope we are both wrong. Oy.


  83. - Amalia - Wednesday, Aug 11, 10 @ 5:21 pm:

    Ettinger said they were not allowed to take the words of
    the note out of the courtroom, and he’s pretty confused
    too. he also said he believes the jury is hung on the
    counts involving his client.

    most everyone else on other channels interpreted the note
    as not reaching unanimous agreement on some of the
    counts, not all as is on Yahoo via AP now.

    as for the future, Irv Miller, the CBS 2 legal analyst gives
    the best explanation, like anonymous above, re what
    the max penalties are for counts that are hung and if
    they are worth pursuing. the lying to the Feds count,
    the least serious penalty, is also the most likely guilty.

    if the other counts are hung, looks like more days
    and weeks at the courts for reporters!


  84. - Little Egypt - Wednesday, Aug 11, 10 @ 5:27 pm:

    Pot - I so hope your theory is not correct.


  85. - Bubs - Wednesday, Aug 11, 10 @ 5:27 pm:

    Well, this is another fine mess Blagojevich has gotten us into!


  86. - Cincinnatus - Wednesday, Aug 11, 10 @ 5:29 pm:

    Just imagine of they are hung. Rod will come out with an “I told you so” interview. That oughta be fun to watch.


  87. - Demoralized - Wednesday, Aug 11, 10 @ 5:31 pm:

    I went back and perused the indictment. As Ettinger said, they could be referring to the Racketeering charges as the indictment mentions them as “Acts.” However, if you define “act” for generally then it probably encompases most of the counts. I’m not thinking about it anymore. I’ll just go crazy. Just waiting for tomorrow . . .


  88. - Rich Miller - Wednesday, Aug 11, 10 @ 5:32 pm:

    Demoralized, watch the Sheila Simon video. It’ll totally clear your head of Blagojevich.


  89. - Demoralized - Wednesday, Aug 11, 10 @ 5:39 pm:

    I dunno. Any chance of nightmares?


  90. - Rich Miller - Wednesday, Aug 11, 10 @ 5:42 pm:

    You have a choice, Demoralized. Blagojevich nightmares or Sheila Simon nightmares?


  91. - Amalia - Wednesday, Aug 11, 10 @ 5:43 pm:

    I’m with Demoralized….I looked at the indictment and it seems
    like Acts would mean everything but the Rod lied to the Feds
    count, count 24. of course, many thought that is the one
    he would surely not escape, so, maybe it will turn out like
    many thought….guilty on the teeny count (still guilty) and about
    to be retried!

    personally, the nightmare of the Twins is worse to me. last night was a horror show. this jury nuttiness is a welcome
    distraction from Freddy pitching batting practice.


  92. - ArchPundit - Wednesday, Aug 11, 10 @ 6:05 pm:

    ===When Quinn wins, Sheila Simon is going to usher in the “Pay NOT to Play” era…

    This was genius in the other thread.

    ===You have a choice, Demoralized. Blagojevich nightmares or Sheila Simon nightmares?

    Further proof beyond the anti-Cub tirades that one can troll his own blog. Rich would be warning himself if it wasn’t himself…

    And don’t worry everyone, the man is going to prison–it’s a matter of how long and for how many counts. And every day he’s there is an up day for the rest of us.


  93. - Bubs - Wednesday, Aug 11, 10 @ 6:08 pm:

    ===You have a choice, Demoralized. Blagojevich nightmares or Sheila Simon nightmares? ===

    I didn’t think anything could be worse then Blagojevich nightmares.

    Then I watched that video! Yikes!


  94. - Luke - Wednesday, Aug 11, 10 @ 6:15 pm:

    If they are deadlocked on all counts does anyone think the Feds will re-try Blago and his brother?


  95. - Amalia - Wednesday, Aug 11, 10 @ 6:21 pm:

    CBS2 now has Scott Lassar in addition to Irv Miller. SL, the
    ex Fed, says if the Feds get one guilty count, he does not
    believe they will retry on the rest. he said they do not want
    to retry.

    who knows if anything he thinks is on point, he is, after all,
    the one who said that Ryan had nothing going on, and this
    influenced the election, but that’s what he said. one of
    24/4 G = the end.

    Patrick Collins on film on ABC 7 was calm, said there were
    28 counts, it was lots, and that there were probably some
    guilties some hung.


  96. - Pot calling kettle - Wednesday, Aug 11, 10 @ 7:09 pm:

    ==If they are deadlocked on all counts does anyone think the Feds will re-try Blago and his brother? ==

    It depends, they would want to know where the deadlock was. If my scenario above is the case (agreement of guilt, but not on which counts), they probably go for it.


  97. - 47th Ward - Wednesday, Aug 11, 10 @ 7:17 pm:

    ===Further proof beyond the anti-Cub tirades that one can troll his own blog. Rich would be warning himself if it wasn’t himself…===

    Best. Comment. Ever.


  98. - gunner the runner - Wednesday, Aug 11, 10 @ 7:25 pm:

    i’m guessing the question left out of the public domain was “if we convict rod on one count must we convict robert on the same charge?”

    my guess is the jury wants to convict rod but there isnt consensus for robert.

    It makes sense. The tapes were damning for the guv but not so much for robert.


  99. - Northside Bunker - Wednesday, Aug 11, 10 @ 8:01 pm:

    I’ll bet they’ve made up their mind about Rod, Rob’s the one who going to get a slap on the wrist.
    Rod = 18 years of peace for Illinois.
    Rob = three years community service in Nashville, TN


  100. - DuPage Dave - Wednesday, Aug 11, 10 @ 8:23 pm:

    It would have been fitting to have a guilty verdict today for Blagojevich- on the day of the passing of Rostenkowski.

    If Rosty doesn’t go to jail, Blago never goes to Congress, never becomes governor, never goes to jail.


  101. - anon - Wednesday, Aug 11, 10 @ 8:45 pm:

    My best reading between the lines. Info in the note was not published to the public. If the note said can’t agree on rob’s counts the judge would give the jury the “allen” instruction. if they said they were unanimous, the court would seal those counts and have them continue. Ettinger says he thinks their hung on his. Thus, I think the jury has made clear they are unanimous on some of Rod’s counts and they may have even specified what they are unanimous on. Thus not revealing that part of the note to the press. No matter what, because they are not unanimous on some counts,they will get an Allen charge which tells them to continue to deliberate and to continue to reconsider their views with a goal of coming to unanimous verdicts. Sorry folks, verdict will not be tommorow


  102. - Anon3 - Wednesday, Aug 11, 10 @ 9:03 pm:

    anon-845
    how long will they require the jury to continue after the “allen” instruction is read and they retire to continue?


  103. - Newsclown - Wednesday, Aug 11, 10 @ 9:09 pm:

    I want to think positive about this, and my rationalization/guess is that they actually will be throwing the book at Rod, but are hung about Rob, some jurors wanting to let him off much easier than others.

    Rich, I can’t wait to read your book on all of this, and today must be good for another two chapters at least. Hope you’re busy working on it so it publishes soon after sentencing. I’ll pre-order today.


  104. - anon - Wednesday, Aug 11, 10 @ 9:34 pm:

    An Allen charge is given when the jury reveals they are hopelessly deadlocked. The jury is sent back to deliberate. They are given no time constraints and are told to take all the time that is “necessary”. When the jury again reveals it remains deadlocked(could be hours, could be days) the show is over.


  105. - Bookworm - Wednesday, Aug 11, 10 @ 9:45 pm:

    OK, according to the Trib, Sun Times and NBC5, the jury’s question was WHAT HAPPENS IF they “cannot agree on any given count.” In other words, what do we do if we are deadlocked on any given count (implying agreement on some or all of the rest).

    That’s quite different from stating categorically that they “cannot agree on any given count,” which implies a total deadlock on all charges.


  106. - Capitol View - Wednesday, Aug 11, 10 @ 10:23 pm:

    I still see the “over and under” at 6 years for Blago, for assorted federal crimes and misdemeanors. Enough to justify the feds going after a sitting governor, and Blago loses his law license after he gets out.

    Brother Bob? Does anyone really politically or otherwise care if he is convicted or not, after trying to come in and rein in his brother’s wild streak after Brad Tusk left? Gov. Blago is the central target here.

    Let’s see if the jury agrees with my analysis… I suspect that we will know by noon on Friday.


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