* When we first learned that the Rod Blagojevich jury was deadlocked, I was silently hoping that the holdout wasn’t an African-American juror because I knew we’d end up with commentary like this…
It was no surprise to learn that Jo Ann Chiakulas, the juror who refused to convict Rod Blagojevich of selling a U.S. Senate seat, was an African-American. When Blagojevich was governor, blacks were his strongest supporters. By the end of his governorship, they were his only supporters. In late 2008, Blagojevich’s approval rating was 13 percent. Among African-Americans it was 32 percent.
The headline on that piece was: “How Blagojevich Really Tainted the Jury Pool (Hint: Black Folks Like Him!)”
Nevermind that there were four African-Americans on that jury and only one was a lone holdout on some charges. Nevermind that a poll taken the day after his arrest showed 68 percent of black respondents thought Blagojevich should go to prison, about the same level as all respondents 65 and older. There were other retirees on that jury, and the holdout was also retired, but retirees aren’t the object of attack here. And nevermind that the same poll found that black people and males were just two points apart on whether Blagojevich should resign. The holdout was a female, but there were lots of males on that jury. Also, nevermind that the same poll found that almost half of Illinois Republicans - 46 percent - believed it was somewhat or very likely that President-elect Barack Obama was somehow involved in the alleged Blagojevich crimes. And, finally, nevermind that the poll referenced in that above story showed that barely over half of Democrats disapproved of Blagojevich’s job performance near the end of his career.
No. It’s Chicago, so the race card is obviously going to be played by somebody.
And this is just stupid…
Chiakulas was also a state employee, a toxic combination of liberal leanings that made her inclined to support the governor who signed AllKids and tried to pass the Illinois Covered universal health care plan.
Anybody who wrote that doesn’t know much about state employees during Blagojevich’s reign of error. They despised him. Also, the coverage isn’t clear whether she was a state employee under Blagojevich for very long, if at all.
All that having been said, it is no secret that Blagojevich heavily targeted the black vote while he was governor overtly targeted black jurors after his arrest. His choice of lead defense counsel was probably no accident. But, again, three out of four black jurors voted with the overwhelming majority to convict on numerous counts. Tarring an entire race (or religion, or whatever) for the actions of one person seems more than a bit extreme.
But if you really want to read something extreme, stupid and bizarre, click here. Yeesh.
Defense attorney Terry Ekl, who represented Blagojevich chief-of-staff John Harris, said he was surprised Blagojevich wasn’t found guilty on all counts. “What the defense did was really jury nullification. It was not about following the law,” Ekl said. “They said, ‘Well, it was just talk. He’s broke.’ But, that’s what conspiracy is. Even if he just intended to get something, he’s guilty. You probably had two or three jurors who didn’t understand that even just talking is still a crime.”
I agree. But John Banzhaff, a Professor of Public Interest Law at the George Washington University Law School says it’s perfectly OK…
Although many do not realize it, and judges usually refuse to let defense attorneys argue — or even mention — it to members of the jury, jurors have a legal right, upheld by the U.S. Supreme Court, to refuse to convict for any reason and all, or for no reason at all. Indeed, under the doctrine of jury nullification, jurors may disregard a judge’s instructions and return not guilty verdicts even if the evidence of guilt is overwhelming.
If a jury finds a defendant not guilty because they believe that the law is unjust, there was governmental overreaching, or simply out of sympathy for the accused, that verdict cannot ever be overturned or even reviewed, and the defendant can never be recharged, even if overwhelming evidence eventually comes to light.
* Related…
* Blagojevich on “Fox News Sunday” with Chris Wallace. Transcript
*** UPDATE *** I just have no words to describe how I feel about this press release…
Rod’s Appeal: Blagojevich To Appear At Chicago Comic Con!
Former Illinois Governor To Sign Autographs, Pose For Pictures, Meet Fans At Pop Culture Festival Saturday!
The verdict is in! Former Illinois Governor Rod Blagojevich will appear at Wizard World Chicago Comic Con on Saturday at the Donald E. Stephens Convention Center in Rosemont, Ill. Blagojevich will sign autographs, pose for pictures and meet fans at the pop culture convention.
The photo session will begin at 10:30 a.m., with autographs to follow at 11 a.m. until 4 p.m.
“I’m looking forward to meeting loyal supporters and other fans on Saturday,” said Blagojevich, whose many recent television appearances included a stint on “Celebrity Apprentice.”
“Wizard World Chicago Comic Con is all about pop culture, and Rod Blagojevich is as relevant to today’s news as it gets,” said Gareb Shamus, CEO of Wizard Entertainment. “We think the court of public opinion will show him to be a popular figure at the show.”
Keep in mind, that some of these counts don’t match up with what others are reporting. For instance, NBC reported that a majority of jurors voted against convicting Blagojevich on the alleged Children’s Hospital shakedown. But WTTW’s count shows that a majority was in favor of convicting on one act and split down the middle on the two others…
[”Guilty” is red, “Not Guilty” is blue.]
And the Sun-Times reported that the jury voted 9-3 to acquit Robert Blagojevich. WTTW’s totals don’t reflect that at all…
The father-son team of Sam Adam Jr. and Sam Adam Sr. will not represent Rod Blagojevich in a retrial, a defense attorney with knowledge of the situation told the Chicago News Cooperative.
According to the attorney, the duo has known for some time they would not stay on for another round. Speaking to reporters following Tuesday’s verdict, the lawyers refused to commit to continuing to represent Blagojevich. Although they were maligned by outside observers throughout the case, Adam Sr. and Adam Jr. will leave the former governor’s side having done better than many expected.
Blagojevich’s other main attorney, Sheldon Sorosky, has not indicated whether or not he will stay on for a retrial. Messages left with Adam Jr. and Sorosky seeking comment were not returned. A receptionist at Adam Jr.’s law office said that both attorney’s were out of town and could not be reached.
* Tom Cross said something yesterday about the Blagojevich verdict that’s on many minds right now…
“I think maybe in their minds they can say, I’ll send my own guilty verdict so to speak and my own message by voting for Republicans in the fall,” said Illinois House Republican leader Tom Cross. “I don’t know that we need to say that. It’s not like Rod Blagojevich is going to be hiding in the back room over the next two months.”
I don’t know if he’s right, but I do know that this “voter verdict” should be one of the Democrats’ biggest fears. It’s certainly one of the Republican’s greatest hopes. But they can’t actually come out and say it. But they can’t stay away from the topic, either.
My intern Barton Lorimor asked state party chairman Pat Brady yesterday about his statement the other day on WBEZ that he wouldn’t make political hay out of the verdict. Brady said he had changed his mind and blamed it on the Democrats. Watch…
Chairman Brady also talked about Blagojevich to the AP…
A federal jury’s failure to reach a verdict on most of the charges and the government’s intention to retry him means Blagojevich will be in the news for months to come.
“That was probably the worst day for the Democrats since this race started,” said Illinois GOP chairman Pat Brady. “It’s going to keep this issue alive.” […]
Democrats argue they deserve credit for removing Blagojevich from office after he was arrested. Republicans scoffed at that, saying Democrats knew years earlier that Blagojevich was behaving unethically, if not criminally.
“Those guys sat on their hands until the U.S. attorney’s office came and yanked the guy out of his house,” said Pat Brady, who is not related to GOP nominee Bill Brady.
Illinois Republicans say they don’t intend to spend the next 10 weeks hitting voters over the head with reminders of Rod Blagojevich.
But they have no intention of letting them forget, either.
That was the mixed message emerging Thursday as GOP organizers from across Illinois, gathering in Springfield for their annual “Republican Day,” pondered how to get the most out of the political gift that dropped into their lap this week — without appearing to relish the state’s ongoing trauma.
“They ran arm in arm with Rod Blagojevich for his re-election. Just as there’s accountability in the courtroom, there ought to be accountability at the polling booth,” said U.S. Rep. Aaron Schock, R-Peoria. Schock represents parts of Springfield in Congress.
While he talked mostly about the need to create jobs, Bill Brady stopped short of pledging not to use Blagojevich in campaign advertising.
“I have no idea what our experts are going to run,” Bill Brady told reporters at the morning event. “Make no mistake, this election is about winning. … But we’re going to do it honestly. And we’re going to give them something to believe in.”
“This is going to keep the issue on the front burner. People will be asking Pat Quinn, ‘where were you when all this was going on,” said Pat Brady, the Illinois Republican chairman. “The Democrats haven’t had any accomplishments other than making us one of the worst financially-run states in the country.”
In a pugnacious, triumphal interview on NBC’s Today, Rod Blagojevich, who was convicted on charges of lying to the FBI but escaped conviction on 23 corruption charges, vowed never to cop a plea in his upcoming retrial, saying he was guilty only of “political horse trading.” Blagojevich compared himself to the Biblical King David, and suggested U.S. Attorney Patrick Fitzgerald should charge himself with hypocrisy for making deals with convicted felons in exchange for testimony. […]
Asked if he would accept a plea deal, given that jurors voted 11-1 to convict him of trying to sell Barack Obama’s U.S. Senate seat, Blagojevich said, “I’m absolutely determined to continue to seek full vindication. I have done absolutely nothing wrong. This is a persecution by a prosecutor who for six years has targeted me. He has spent tens of millions of dollars trying to get me.” […]
“Why are they wasting taxpayer money?” the ex-governor asked. “Chicago is now the crime capital of the world. Children are being gunned down. Police officers are being shot in front of their homes where they were playing. They’re spending millions of dollars to prosecute me when they should instead be using that money to address the real crime problems in places like Chicago.”
You did a good job on Celebrity Apprentice,” Vieira teased Blagojevich at the end of the interview. “Will we see you in another reality show? Are you going to be with Snooki?”
* With all the weird, busy craziness happening right now, I just finally noticed this story from yesterday…
Nine jurors voted in favor of acquittal on the four counts involving Robert Blagojevich and three voted to convict, Grover said.
“I’m further resolved to hear it was a 9 to 3 result in my favor,” Robert Blagojevich said today. “I’m an innocent man. I’ve done nothing wrong. The majority of the jury thought that was the case.”
Prosecutors told jurors that Robert was a victim of circumstance but they also said he knew his brother was trying to reap a personal profit from appointing a successor to Barack Obama in the Senate. And they say Robert is responsible because he was the only friend left that was willing to help the former governor implement his schemes. But [juror John Grover] said most of the jurors didn’t buy that argument.
JULIE BLAGOJEVICH: I just burst out crying and that man lifted my spirits with what he said. He did. He did.
ROBERT BLAGOJEVICH: She broke down with happiness and joy because we were listening to news accounts how the jury lined up on certain counts and it wasn’t really clear how it related to me.
But Grover told the Sun-Times that 9 of the jurors wanted to acquit the older Blagojevich. Robert says that validates their legal strategy for the second go around.
ROBERT: That’s not in any way a welcoming prospect, but what are we going to do? I’ve got no choice. I’m not going to plea to something that I didn’t do. And so I’m stuck and, you know, my family and I will figure it out.
DuPage County State’s Attorney Joseph Birkett said, “If I were (U.S. Attorney) Patrick Fitzgerald, I would play hardball and consider charging Patti Blagojevich.
“Clearly they (the defense) used her and the children as a vehicle to get sympathy,” he added. “Their PR tour was designed and planned to put him in the best light possible. He’s now a convicted felon. So, it won’t work the second time around.”
There was disappointment from Republican Judy Baar Topinka who lost the 2006 general election to Rod Blagojevich. She called the former governor a “bad man” and cannot believe the jury deliberated so long to find him guilty on just one count. […]
When asked if Republicans will get a boost since the Blagojevich problems hasn’t gone away, she said, “They were only too happy to recount George Ryan to us, he was convicted of 18 counts. He was penny ante compared to this guy.” [Emphasis added.]
* The Question: Who was the worse criminal, George or Rod? Explain.
We’re not talking about governing abilities here. And we’re not necessarily talking about the number of convictions, since Blagojevich’s ordeal is far from over. I’m simply asking your opinion on who you think was the worse criminal.
Of particular concern, several jurors said Wednesday, was the lone holdout on numerous counts that would have convicted Blagojevich of trying to sell the U.S. Senate seat vacated by President Barack Obama. John Grover, 52, a juror from Joliet, said he grew so frustrated after three days of deliberating on the same charge that he yelled at the woman who refused to join the other 11 in agreeing to convict.
“I gave her a piece of my mind,” Grover said. “If it wasn’t for that one lady, we’d have had him convicted on probably 80 percent of (the indictment).”
Grover considered going to the judge to tell him that the female juror was deliberating in bad faith, but he felt that would do no good. […]
Stephen Wlodek, of Bartlett, said it bothered him that after the verdict, the former governor and his defense team claimed the prosecution failed to make its case.
“In a way, they didn’t prove it to one person,” he said. “I just felt a little slighted by that. It gave the impression to the residents of the state that this jury was deadlocked right down the middle when we weren’t.”
Mr. Grover probably should’ve gone to the judge. Even if it didn’t work, at least the higher-ups would’ve been notified that there was a serious problem.
Sources tell CBS 2 News that the holdout juror is Jo Ann Chiakulas, a retired state employee. She used to work for the Illinois Department of Public Health, had been a director of teen counseling for the Chicago Urban League and once handed out campaign literature for a relative who ran for public office.
Coincidentally, the Chicago Urban League was once headed by Cheryle Jackson, a former Blagojevich press secretary, although it appears Chiakulas left the Urban League several years before Jackson became the league’s president. […]
The holdout juror seemed to stand firm no matter how hard her fellow jurors argued.
“It just surprised, shocked all of us I think that someone would have such a different opinion than ourselves,” said Parker.
* And, if true, this revelation from Fox Chicago is not a good thing…
FOX Chicago News reported that it is likely to be juror Jo Ann Chiakulas of Willowbrook, after a second-hand acquaintance said that she has been saying since early july that she would find Blagojevich not guilty. [Emphasis added.]
Yikes.
* Meanwhile, some jurors are apparently complaining about media contacts…
The Clerk of court has just sent out this release, on behalf of U.S. District Judge James Zagel.
“It has come to the Court’s attention that certain jurors in the Blagojevich trial are calling and complaining about numerous phone calls from the media asking for interviews and visiting their homes. The United States Marshal has advised the jurors to call 911 to report the incidents.
Please keep in mind that some of these jurors simply do not wish to talk, and if they have not agreed to talk with you, we ask that you respect their privacy.”
The cops can’t do much about reporters doing their jobs.
On one hand, the criminal justice system randomly picked them to serve. They didn’t ask for the spotlight, and they deserve to resume their private lives once they complete their service.
On the other hand, the 12 jurors in Blagojevich’s case deliberated one of Illinois’ most historic cases, which began with the pre-dawn arrest of a sitting governor pulled from his bed sheets by FBI agents. Of 24 criminal counts the federal government splashed on Blagojevich’s rap sheet, jurors returned just one guilty verdict - on quite possibly the meekest charge of the batch.
In some respects, aren’t jurors obligated in a broader, historical context to lend transparency to the proceedings? To answer basic questions? To set the record straight?
Everyone - the public, prosecutors, defense attorneys, the judge, the defendants - wants to understand the factors that played into their decision, particularly when U.S. Attorney Patrick Fitzgerald is vowing to retry the case.
As a news gathering organization, we are compelled to ferret out the best sources for every story we cover, every day, year in and year out. We expect our reporters to act responsibly and respectfully in pursuit of the truth, and never advocate harassing or stalking anyone.
The story, post verdict, is quite simply the jury: What was said, what presented problems, who were the holdouts?
The residents of this state funded this expensive and drawn out drama, and they have every right to learn what it was like to deliberate the fate of our former top elected state official for the past 14 days.
We don’t ask these questions to improve our health. The media doesn’t exist simply to annoy jurors on high-profile cases.
It is our duty to ask the questions that the public cannot, simply because they have jobs and kids and obligations and perhaps cannot devote their lives to asking what they want to know.
That’s our job, and we take it seriously.
So we find it incredulous that the U.S. marshal feels that possibly tying up emergency phone lines is an appropriate response to media inquires.
* Roundup…
* Mitchell: Blame feds — not jurors — for deadlock
Democrats spent their day at the Illinois State Fair Wednesday rehashing the talking points they’ll be using in the fall election campaigns in the wake of ex-Gov. Rod Blagojevich’s unresolved federal corruption charges.
It’s going to feature heavy doses of “We did our job to get rid of Blagojevich and try to stop it from happening again,” along with smatterings of legislative accomplishments like curbs on predatory lending, utility rate relief and public pension reforms.
But House Speaker Michael Madigan, D-Chicago, who is also chairman of the state Democratic Party, bluntly outlined to Democratic party leaders at the Crowne Plaza Hotel the challenges ahead.
“We all know that there’s a huge scandal hanging over our heads called the former governor,” Madigan said. “We all know that. It’s right and proper for us to ask how shall we go forward, because the opposition will not let us forget the former governor.”
Senate President John Cullerton, D-Chicago, said Blagojevich’s tenure as governor was so rocky, voters won’t necessarily link his behavior to all Democrats.
“Madigan wouldn’t even talk to him for years,” said Cullerton.
“I’m just really glad he’s not the governor anymore,” Cullerton added.
It was part of an emerging Democratic strategy: Portray Blagojevich as a freelancer who lied to his fellow Democrats even as he lied to the FBI. Remind voters at every turn that it was a Democratic-led Legislature that impeached him. Make the case that he is more akin to imprisoned fellow ex-Gov. George Ryan, a Republican, than he is with today’s Democrats.
“The Republican Party doesn’t have anything to talk about,” Democratic Gov. Pat Quinn said as he arrived at one of the related Springfield party events Wednesday, referencing Ryan. “George Ryan is in jail, Rod Blagojevich is awaiting sentencing, and I’m here to clean it up.”
But Quinn was Blagojevich’s lieutenant governor, replacing him in January 2009, so he may be especially vulnerable to the continuing fallout from the case as he seeks a full term in November.
Asked about his one-time public statements vouching for Blagojevich’s integrity, Quinn harkened to the one criminal count on which Blagojevich was convicted: “Rod Blagojevich lied to me, he lied to the FBI, he lied to the people of Illinois.”
Democrats said they hope to soften the effect of the Blagojevich scandal by talking about pocketbook issues.
They promised to bring more jobs to Illinois and criticized Republicans for wanting to lower the minimum wage, opposing a federal aid package for schools and fighting an extension of unemployment benefits. They mentioned legislative accomplishments like approving a statewide public works program and curtailing government pension costs.
There was little mention of the jobs Illinois has lost under Democratic leadership, the state’s massive budget crisis or the income tax increase Quinn wants to pass if he wins the election.
That was the other huge elephant in the room. Because of the big Blagojevich news, they could more easily gloss over that one.
There were some awkward moments Wednesday such as when Cullerton was railing against Republican candidate for governor State Sen. Bill Brady, for, among other things, paying no federal or state income taxes this year and voting against the capital bill after voting for the projects it funded.
“Bill got a little confused,” Cullerton said. “He voted for the projects. He just didn’t vote for the funding. He says he’s against taxes. He’s against taxes. He didn’t pay any last year.”
A few feet from Cullerton, Giannoulias, who also paid no taxes last year, looked at the ground. By the time Quinn got up to complain about Brady paying no taxes, Giannoulias had left the stage with Sen. Dick Durbin for a state fly-around to convince voters Giannoulias’ economic plan beats Kirk’s.
Oops.
*** UPDATE *** I almost forgot the other elephant at the fair. Former Senate President Emil Jones showed up. Gov. Quinn lavished praised on him from the podium. Turns out, Jones is hinting at a mayoral bid…
Chicago - Former State Senate President Emil Jones is telling political insiders he may run for mayor next year, even if Mayor Daley is in the race, FOX Chicago News has learned.
Political Editor Mike Flannery asked Jones about the report at Democrats Day at the Illinois State Fair.
“I wasn’t thinking about it, it comes up,” Jones said. “I enjoy what I’m doing now. …[People] have come to me several times you know but again, I enjoy what I’m doing presently.”
When asked how he responds to those who ask him to run, Jones said, “It sounds good, but my wife won’t let me do that, I don’t think.”
Yeah. Listen to your wife. She’s right.
* The Governor’s Day media roundup shows it was all about Blagojevich…
* Dems Talk Verdict, Election at Ill. State Fair Governor’s Day