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*** UPDATED x1 *** If you weren’t depressed before…

Thursday, Aug 12, 2010 - Posted by Rich Miller

* I’ll bet he’s having the time of his life. From a late-afternoon Tweet by Susan Berger…

Big game of 80’s trivia here at Camp Dirksen. Who’s playing? Blago, Patti, some attys, some reporters, producers

Words fail me.

*** UPDATE - 4:37 pm *** The jury has left the building and won’t return until Monday.

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Question of the day

Thursday, Aug 12, 2010 - Posted by Rich Miller

* In one word, sum up your feelings at this very moment about the Rod Blagojevich trial.

One word only, please.

191 Comments

Jury only reaches agreement on 2 counts - DEADLOCKED on 11 - Haven’t deliberated 11 wire fraud counts

Thursday, Aug 12, 2010 - Posted by Rich Miller

* Let’s use this post to comment on this morning’s hearing at the Dirksen Federal Building. Help out by live-blogging in comments if you can.

A few of the links that I’ll be using…

* Twitter Blagojevich

* Twitter Blago

* Sun-Times Blago Blog

* Google Blagojevich

* Chuck Goudie Twitter and ABC7 Twitter (because they don’tt use the Blagojevich or Blago hash tags)

You using any others?

* 11:06 am - Patti gets wanded…

* 11:10 am - NBC5…

Both Rod & Robert are talking with members of their defense team as we wait for Judge Zagel to enter. Rob is smiling. Rod looks concerned

* 11:21 am - The hearing has not yet begun, so stay patient…

We’re on “Zagel time,” reporters are joking.

* 11:27 am - And here we go.

NBC5…

~~Jury deadlocked on 22 of 24 counts.~~

Yikes.

But that can’t be right because they haven’t deliberated on the wire fraud counts yet…

Jury has reached agreement on 2 count - unable on remaining counts. Have Delib on all acts and counts except wire fraud.

Sun-Times…

“Your Honor,” their note reads. “In response to your communication of 11 August, 2010, we’ve deliberated on all acts and counts with the exception of the wire fraud counts. We have reached unanimous agreement on two counts. We have been unable to agree on any of the remaining counts.”

Judge James Zagel said he wanted to write back and instruct them to deliberate on the wire fraud — even if their final decision is that they cannot agree.

He’s given attorneys 10 minutes to mull it over.

Tribune…

The jury has reached a unanimous decision on two counts, deadlocked on many of the others but still hasn’t deliberated on all 13 wire fraud counts, the judge announced in court.

Sun-Times says there are 11 wire fraud counts. No time to check. Update…

The judge proposed responding with a note that says, in part:

“You should deliberate on the wire fraud counts to the extent necessary to enable you to vote on those counts. We recognize that your stated inability to reach agreement on other counts may have established to your satisfaction that you would be similarly unable to reach unanimity on some or all of the wire fraud counts. Nonetheless, a deliberative decision by you on each of those counts should be made, even if it is a decision that you cannot reach unanimity on any of those counts.”

* AP corrects itself…

Jurors in Rod Blagojevich’s trial have told the judge they’ve reached agreement on just 2 counts.

An initial story incorrectly said the jury was deadlocked on 22 of the 24 counts.

* CLTV has live video from inside the building. Not much to look at right now, though….

* Sun-Times update…

Back in court, attorneys say they are OK with the wording of the note with the exception of the word “vote,” which they want to change to the word “decide.”

“We don’t want a situation where this is viewed as a supplemental instruction,” a defense attorney tells the judge. Zagel agrees.

“The jury is at lunch,” the judge says. “When they return, they will receive this in written form.”

* The jury result so far appears to be: 11 counts deadlocked, 11 not considered and 2 unanimous.

* And that appears to be that. Court is adjourned. Watch the CLTV live webcast for some post-game interviews.

* From OneMan, Robert Blagojevich leaves the building…

* Terry Sullivan confirms on CLTV that the jury isn’t - at this point - coming back tomorrow. They’ve asked for Friday off.

* From Georgia Logothetis…

Looks like attempted extortion is a deadlock? Spans four counts, so prob not 1 of 2 unanimous ones and not wire fraud counts.

* A handy guide to charges and jury instructions

156 Comments

Morning food for thought - The Blagojevich jury’s strange note

Thursday, Aug 12, 2010 - Posted by Rich Miller

Comments now closed. Go here for a fresh thread.

* Eric Zorn has a pretty good analysis of the reports that the Blagojevich trial jurors asked Judge Zagle what they should do if they can’t agree “on any given count”…

This is a fascinatingly puzzling phrase, if accurately transcribed. If you read “any” as meaning a set that includes all (as in “Glenn Beck and I don’t agree on any issue”), it would suggest that jurors are deadlocked on all counts and that the word “given” is a gratuitous rhetorical flourish; what they meant to ask was what they should do if they “cannot agree on any count,” and “given” was a way of saying “the counts that were given to us by the judge at the conclusion of closing arguments.”

But if you read “any” as meaning “an unspecified item or items from a larger set of items” (as in “just pick any dessert on the menu, they’re all fantastic.”), it would suggest that jurors are deadlocked on just a few of the charges, perhaps even just one. In this translation, the words “any given” work together to underscore the lack of specificity (as in the famous cliche about pro football that “on any given Sunday” an underdog can upset a favorite.

I believe that when the jurors send out a clarifying note later this morning, we’ll find the latter translation is what they had in mind. If they truly were deadlocked on all counts, I doubt they would have indicated this to the judge using a note with gratuitous rhetorical flourishes in it. That note would have read simply, “What do we do if we can’t agree on any of the counts?”

I also believe this is bad news for Rod Blagojevich. A staunch handful of jurors is probably not holding out for convictions on the last few remaining charges after the panel has already voted to acquit on all the other charges. Not after 11 days. Not with that kind of momentum behind “not guilty.” Not without a specific victim crying out (from, say, beyond the grave) for justice. The “well, he’s suffered plenty already, let’s be done with this and go home” sentiment would have prevailed long ago.

Far more likely, it seems to me, is that most or all of the counts that have already been decided against the ex-governor are guilty verdicts, but a minority bloc of jurors is balking either at making it a clean sweep or of convicting Blagojevich’s brother Robert.

Since I tend to believe that Rod Blagojevich is guilty as all get-out, I choose to believe Eric. You?

…Adding… From a friend…

From what we know of that seemingly indecipherable note, the foreman may have a future as a Capitol flak. Not since [George Ryan spokesman] Dennis Culloton has their been such a cryptic message that sent reporters scurrying and yet provided no answers.

* Roundup…

* Zorn: Is it Silvern time?

* Blagojevich jurors: We’re stuck

* Deliberation Day 12. Will we have a conclusion?

* Blagojevich jury is deadlocked

* Blagojevich jury split, turns to judge

* Jury’s note leaves everyone guessing

* Blagojevich jury tells judge they may be deadlocked

* Blagojevich Jury Hanging

* Jurors in the Blagojevich Trial Can’t Agree

Comments now closed. Go here for a fresh thread.

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Thursday, Aug 12, 2010 - Posted by Rich Miller

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