* Could there be a mistrial in Rod Blagojevich’s case? At least one appellate justice thinks so. An appellate court ruled earlier this month that Judge Zagel should reexamine his decision that kept Blagojevich juror names a secret. But Judge Richard Posner has since filed an opinion blasting the ruling and defending Zagel…
In his opinion, Posner quickly came to Zagel’s defense. In the first sentence, he wrote: “An experienced trial judge made a reasonable determination that the release of jurors’ names before the end of the trial would expose the jurors to the widespread mischief that is a daily if not hourly occurrence on the Internet.”
Posner then began a scathing review of Easterbrook’s decision, calling it “unsound and confusing.”
He attacked the presumption of media access. “Jurors are entitled to be treated with respectful regard for their privacy and dignity, rather than as media prey.”
He said the panel ignored the consequences of Zagel having to possibly renege on a promise made to jurors and argued that there’s no need for a further hearing. “The jurors may well be upset, concerned for their privacy, fearful of the prospect of harassment and angry at having been induced by false pretenses to agree to take months out of their life to perform jury service.”
Posner even went so far as to say that Zagel might have to declare a mistrial.
Let’s hope not.
* Judge Zagel apparently didn’t want this tape played in court, but I, for one, am quite curious about what the heck was going on…
[Blagojevich attorney Aaron Goldstein] is arguing that some of the blocked calls point to Blagojevich’s state of mind when he was allegedly bartering over the Senate seat. Zagel said he was surprised the defense would want some of the calls played to the jury.
“The state of mind he is discussing is shutting down state government and blaming somebody else,” Zagel said of one conversation. “If you tell me he wasn’t serious, I believe you.”
Goldstein said it showed what Blagojevich was dealing with in Illinois in 2008.
“We don’t have an objection to the part about shutting down state government,” Assistant U.S. Atty. Reid Schar said with a smirk to the judge, who said he would make a final decision about the call after hearing Blagojevich on the stand.
Blagojevich was planning a government shutdown and then blaming somebody else for it? Madigan? But what was the premise? Fascinating.
* Blagojevich loved to ask lobbyists if they were making lots of money back when he was governor. He made a few of his friends quite rich…
John Wyma, a chief of staff during Blagojevich’s congressional career, testified this week that he made “better than $1 million” in his first year as a Springfield lobbyist.
Alonzo “Lon” Monk, a former chief of staff to the governor, testified he got $750,000 in his first year as a lobbyist after successfully running Blagojevich’s 2006 re-election campaign. Former campaign spokesman Doug Scofield, who briefly served as Blagojevich’s first deputy governor, also took on a host of lobbying clients. […]
Though his firm wasn’t as large as Wyma’s or Monk’s, Scofield still became a lobbyist for Blagojevich’s biggest campaign donor, the Service Employees International Union, and came back to work for Blagojevich’s re-election bid in 2006. One of his first clients also was the Illinois Math and Science Academy, which state records show paid Scofield Communications more than $283,000.
* Related…
* Blago trial shows cleanup is needed
* Up next: Blagojevich brothers
* Brothers slated to testify early on in defense case
* Defense May Start with Robert Blagojevich
* Judge to decide which tapes make defense cut
* Judge: Blago lawyers can play some unheard tapes
* Blagojevich insiders traded on access, now testify for prosecution
* Our View: The man who never should have been governor
* Bashing by Blagojevich a badge of honor for many
* ADDED: Justin Bieber to play Young Blago in upcoming TV biopic
