Blagojevich jury has a question
Thursday, Jun 16, 2011 - Posted by Rich Miller
* The media kinda freaked out a little today when Rod Blagojevich trial attorneys were called back to the federal courthouse. Turns out, the jury had a question…
In a written note to U.S. District Judge James Zagel, jurors said they wanted clarification on a paragraph of page 28 of their legal instructions that spell out four elements needed to prove wire fraud.
In the third of those four elements, the government must prove beyond a reasonable doubt that “the scheme to defraud involved a materially false and fraudulent pretense, representation, promise or concealment.” […]
The word “materiality” is defined in the instructions, leading the judge to speculate the jury might want more information on the part of the instruction that includes the terms “pretense, representation, promise or concealment.”
Zagel said the lawyers may have to do some legal research on the issue before answering the jury’s question.
* More…
There are 10 counts of wire fraud and they are the first 10 of the indictment. Nine relate to the senate seat charges, and one relates to the alleged shakedown of Children’s Memorial Hospital.
Attorneys and the judge said they will tell jurors to read further into the jury instructions, as there is some clarification there, and said they will ask the jury to be more specific about where their confusion lies.
There was no indication early Thursday afternoon that the jury wanted to meet Friday, which could indicate they aren’t very close to a verdict.
* The original instructions in question…
Counts 1 through 10 of the indictment charge the defendant with wire fraud.
To sustain the charge of wire fraud, as charged in Counts 1 through 10, the government must prove the following propositions beyond a reasonable doubt: First, that the defendant knowingly devised or participated in a scheme to defraud the public of its right to the honest services of Rod Blagojevich or John Harris by demanding, soliciting, seeking, asking for, or agreeing to accept, a bribe in the manner described in the particular Count you are considering;
Second, that the defendant did so with the intent to defraud;
Third, that the scheme to defraud involved a materially false and fraudulent pretense, representation, promise, or concealment; and
Fourth, that for the purpose of carrying out the scheme or attempting to do so, the defendant used or caused the use of interstate wire communications to take place in the manner charged in the particular Count you are considering.
If you find from your consideration of all the evidence that each of these propositions has been proved beyond a reasonable doubt, you should find the defendant guilty of the particular count you are considering. If, on the other hand, you find from your consideration of all the evidence that any of these propositions has not been proved beyond a reasonable doubt, you should find the defendant not guilty of the particular count you are considering.
* Meanwhile…
Gov. Pat Quinn today signed a bill into law preventing state officials from putting their name or likeness on taxpayer funded signs.
The measure was a response to Gov. Rod Blagojevich’s decision years ago to plaster his name on nearly three dozen signs on the Illinois Tollway at what Quinn said was a cost of almost $500,000.
Lawmakers tried twice before to pass such a ban but failed. State law already banned such politician self-promotion in public service announcements and state-funded ads touting programs.
* From a press release…
“Government belongs to the people,” said Governor Quinn. “When state government gets the word out about a program or service that will help people, it should not be an excuse for officials to promote themselves.”
Senate Bill 1344 adds billboards and electronic billboards to an existing law that prohibits state elected officials from using their names, likenesses and voices in television, radio, newspaper and magazine advertisements purchased as part of state program awareness efforts.
Under current law, state officials are also barred from using their names and likenesses on bumper stickers, buttons, magnets and other promotional items.
The legislation was sponsored by State Senator Matt Murphy (R-Palatine) and State Representative Chris Nybo (R-Elmhurst). The bill overwhelmingly passed the General Assembly with bipartisan support. It takes effect immediately.
“This is a common sense measure that’s long overdue,” said Representative Nybo. “Taxpayers deserve to have their hard-earned money treated more responsibly by their representatives who are elected to serve the people, not their own personal interests.”
Today’s event took place at the Cermak Toll Plaza on the Tri-State Tollway, which previously displayed the name of Illinois’ former Governor.