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