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*** UPDATED x1 - Jurors leave with no verdict *** Some advice on the waiting game

Thursday, Jun 23, 2011 - Posted by Rich Miller

*** UPDATE *** From Natasha Korecki’s Twitter feed

Blagojevich jury leaves courthouse, ending day 9 without verdict. They’re back Monday.

[ *** End Of Update *** ]

* From Natasha Korecki’s excellent Blago Blog

Some thought yesterday would be the day. Some thought it would have been last week, others were saying next week.

But this morning, I’ve heard several people give the same reaction: “I’m done guessing.”

Here we are, day 9 of deliberations in a case that prosecutors took 11 days to present and no sign from the Rod Blagojevich jury. No note since last Thursday.

We will mention that last year’s jury sent out two notes right away, then went eight days without making a peep. On day 11, the panel sent a flurry of notes before concluding they could not come to a consensus on 23 of the 24 counts.

In the retrial, there are 20 counts the jury of 11 women and one man must ponder. And significantly different this time: Blagojevich was on the witness stand for parts of seven days.

So they’re not only weighing witness testimony, transcripts, tapes and documents — but the defendant’s own words.

* It’s not quite the same, of course, but I’ve been through enough overtime sessions involving deadlocked leaders’ negotiations to have come to a simple conclusion long ago: Never try to guess when it’ll be over. Just go with the flow. Guessing will only drive you crazy.

I’ll never forget my first overtime session, in 1991. It lasted 19 days, but it seemed like forever. I didn’t have the sources that I do now, so I was pretty much in the dark about what was going on behind those closed doors. Some days, it looked to me like it was about over. Some days, it appeared that everything had completely fallen apart. I was almost tearing my hair out after two weeks.

* It’s always fun to speculate about things like whether 11 women on the jury will make a difference, or how this stacks up to the last Blagojevich deliberation, or how it compares to the George Ryan trial. The Ryan jury was a freaking mess, and it took them 10 days to reach a conclusion after the judge replaced two jurors and ordered everything be restarted. Nine days is really no big deal in that context.

It’ll happen when it happens and there’s nothing anybody can do about it.

* Meanwhile, Jim Krohe isn’t all that pleased with the way Blagojevich was charged

Former presecutors, interviewed as experts during the first trial, explained to Chicago TV viewers that conspiracy is a crime if there’s evidence that two or more people take action to effect a criminal act, and that doing something as simple as picking up a telephone to bully a subordinate qualifies as such an action.

I cannot agree with some of the more fervent Blago backers, who insisted that the case was a setup. I do wonder whether a law that defines otherwise inconsequential talk as “action” reaches too far. Laws that make mere talking a crime are familiar weapons in government attempts to silence dissidents of all types. They have a long and inglorious history in Illinois, where they have been widely used by government agents to hunt down socialists and trade unionists and “Reds” in the 1880s, during World War I and again during the Cold War.

We don’t hunt Reds in Illinois, at least for the moment. We do hunt politicians. Corruption trials of the sort in which Illinois officeholders have figured so gloriously often have relied on laws that thoughtful Illinoisans might regard as dubious. A good example is the 1988 federal statute that made it a crime to “deprive another of the intangible right of honest services.” It was widely used to punish self-dealing and conflicts of interest by government and corporate officials even, or rather especially, when those officials could not be shown to have received a direct quid pro quo in exchange for their actions. In effect they were charged with having committed what we might call (with apologies to Jimmy Carter) “bribery of the heart.”

Thoughts?

  35 Comments      


Report: Blagojevich jurors won’t be back until Monday

Thursday, Jun 16, 2011 - Posted by Rich Miller

* Looks like we’re in no “danger” of getting a verdict until Monday at the earliest

Jurors at former Illinois Gov. Rod Blagojevich’s corruption retrial have finished their fifth day of deliberations without a verdict.

The jurors headed home Thursday, hours after they sent a note to the judge. A court official at the federal court in Chicago says the jurors will resume on Monday.

Friday is my wife’s birthday, so posting will be light.

  Comments Off      


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.

  15 Comments      


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