* The US Attorney’s office has suggested that Rod Blagojevich be sentenced to 15-20 years in federal prison…
Over the course of a relatively brief period of time, during his machinations surrounding the appointment of a United States Senator, and the shakedowns of hospital and racetrack executives, the defendant revealed his corrupt, criminal character. But, as the evidence and Blagojevich’s conduct at his trials established, these were not isolated incidents. They were part and parcel of an approach to public office that defendant adopted from the moment he became governor in 2002. In light of Blagojevich’s extensive corruption of high office, the damage he caused to the integrity of Illinois government, and the need to deter others from similar acts, the government suggests a sentence of 15 to 20 years imprisonment is sufficient but not greater than necessary to comply with § 3553.
* The government also claims that Blagojevich still refuses to accept responsibility for his actions…
The defendant’s version submitted to the Probation Department goes on at length in an attempt to relitigate the facts of this case, at times even presenting versions of facts that are at odds with Blagojevich’s trial testimony. In providing a spin on events thoroughly rejected by the jury, Blagojevich does nothing to shed light on the circumstances of his criminal activity other than demonstrate his refusal to accept responsibility for his crimes.
* And his good works as governor shouldn’t count for anything on his behalf…
His accomplishments as governor are far outweighed by the personal greed that infected his acts and his administration.
* Prosecutors also want to deter future corruption…
Sadly, Illinois has a history of corruption in government. The sentences imposed on previous criminals for public corruption crimes were not sufficient to dissuade Blagojevich from engaging in a myriad of criminal acts. Indeed, the governor prior to Blagojevich was sentenced to approximately six and a half years in prison. The six and a half year sentence did nothing to stop Blagojevich, as the very next governor, from engaging in significant and ongoing bribery, extortion, and fraud. A significant sentence is necessary to deter current and future public officials from engaging in Blagojevich-like criminal activity.
* They claim they could have asked for 30 years to life…
In the instant case, the properly-calculated Sentencing Guidelines recommend a sentencing range of 360 months to life.
* And that has one Springfield defense attorney upset…
“I’m absolutely dumbfounded that they wouldn’t be looking for a sentence of 30 years or more,” said attorney Jon Gray Noll.
“In the Central District of Illinois, at least the judges I practice before, the judges would stay within the 30 years to life range unless there was a valid reason for a downward departure,” Noll said, adding that the clients he defends who are accused of drug crimes would not receive any leniency from federal prosecutors.
“The guidelines have a purpose, to ensure uniformity throughout the system. In this high-profile case, for them to reduce this guys’ sentence by almost half, I don’t understand it in light of the other policies they slam on anyone else.”
* But…
If Rod Blagojevich goes to prison within the 15- to 20-year range that federal prosecutors recommended to a judge Wednesday, the former governor would potentially face more time behind bars than three previously convicted Illinois governors combined.
He would also face a stiffer sentence than mob murderer and key cooperator Nicholas Calabrese, whom the same judge handling Blagojevich’s case, U.S. District Judge James Zagel, sent to prison for 12 years, five months.
Calabrese cooperated, which lowered his sentence.
* The defense’s response…
One of Blagojevich’s attorneys, Carolyn Gurland, said the government wants Blagojevich to pay for the sins of all corrupt Illinois politicos. “The government wants Blagojevich to pay for all of the political corruption in the history of the state of Illinois,” Gurland said. “But under the law, defendants are to be sentenced as individuals, not symbols or sound bites.”
The defense had said it would seek probation, but Wednesday it only asked Zagel to sentence Blagojevich below a range of 3½ to a bit more than 4 years.
More…
The gulf between the two sides could hardly be wider. Prosecutors called for Blagojevich to be sentenced to 15 to 20 years in prison, potentially the toughest sentence in Chicago’s long, sad history of public corruption. In contrast, the defense, which for weeks has said it will seek probation, beseeched Zagel to impose a compassionate sentence, calling him a tragic figure.
In their 72-page filing Wednesday evening, Blagojevich’s lawyers ignored the verdicts of two separate juries to paint the former governor as an “innocent” who had no idea he was breaking the law by trading favors for campaign contributions and was betrayed by scheming advisers.
“He chose advisers poorly as it turned out and regrets those choices profoundly,” the defense wrote.
That would seem to be a risky strategy with Zagel, who at times has made clear his disdain for Blagojevich’s antics and excuses. […]
Much of Blagojevich’s filing, however, seemed to be yet another long argument of his innocence.
The defense argued that “a full and fair analysis” of undercover recordings in the case would reveal Blagojevich “sincerely believed that his actions were proper under the law as he understood it at the time.”
The hearing starts next Tuesday.
* Related…
* Tribune seeks to have Cellini hearing in open court
* Blagojevich lowers asking price on home
* Brown: Prosecutors seek too high a sentence for Blagojevich