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* Let’s use this post to comment on this morning’s hearing at the Dirksen Federal Building. Help out by live-blogging in comments if you can.
A few of the links that I’ll be using…
* Chuck Goudie Twitter and ABC7 Twitter (because they don’tt use the Blagojevich or Blago hash tags)
You using any others?
* 11:06 am - Patti gets wanded…
* 11:10 am - NBC5…
Both Rod & Robert are talking with members of their defense team as we wait for Judge Zagel to enter. Rob is smiling. Rod looks concerned
* 11:21 am - The hearing has not yet begun, so stay patient…
We’re on “Zagel time,” reporters are joking.
* 11:27 am - And here we go.
NBC5…
Jury deadlocked on 22 of 24 counts.
Yikes.
But that can’t be right because they haven’t deliberated on the wire fraud counts yet…
Jury has reached agreement on 2 count - unable on remaining counts. Have Delib on all acts and counts except wire fraud.
“Your Honor,” their note reads. “In response to your communication of 11 August, 2010, we’ve deliberated on all acts and counts with the exception of the wire fraud counts. We have reached unanimous agreement on two counts. We have been unable to agree on any of the remaining counts.”
Judge James Zagel said he wanted to write back and instruct them to deliberate on the wire fraud — even if their final decision is that they cannot agree.
He’s given attorneys 10 minutes to mull it over.
The jury has reached a unanimous decision on two counts, deadlocked on many of the others but still hasn’t deliberated on all 13 wire fraud counts, the judge announced in court.
Sun-Times says there are 11 wire fraud counts. No time to check. Update…
The judge proposed responding with a note that says, in part:
“You should deliberate on the wire fraud counts to the extent necessary to enable you to vote on those counts. We recognize that your stated inability to reach agreement on other counts may have established to your satisfaction that you would be similarly unable to reach unanimity on some or all of the wire fraud counts. Nonetheless, a deliberative decision by you on each of those counts should be made, even if it is a decision that you cannot reach unanimity on any of those counts.”
Jurors in Rod Blagojevich’s trial have told the judge they’ve reached agreement on just 2 counts.
An initial story incorrectly said the jury was deadlocked on 22 of the 24 counts.
* CLTV has live video from inside the building. Not much to look at right now, though….
Back in court, attorneys say they are OK with the wording of the note with the exception of the word “vote,” which they want to change to the word “decide.”
“We don’t want a situation where this is viewed as a supplemental instruction,” a defense attorney tells the judge. Zagel agrees.
“The jury is at lunch,” the judge says. “When they return, they will receive this in written form.”
* The jury result so far appears to be: 11 counts deadlocked, 11 not considered and 2 unanimous.
* And that appears to be that. Court is adjourned. Watch the CLTV live webcast for some post-game interviews.
* From OneMan, Robert Blagojevich leaves the building…
* Terry Sullivan confirms on CLTV that the jury isn’t - at this point - coming back tomorrow. They’ve asked for Friday off.
* From Georgia Logothetis…
Looks like attempted extortion is a deadlock? Spans four counts, so prob not 1 of 2 unanimous ones and not wire fraud counts.
* A handy guide to charges and jury instructions
posted by Rich Miller
Thursday, Aug 12, 10 @ 10:59 am
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Blago is at the courthouse
Comment by Publius Thursday, Aug 12, 10 @ 11:06 am
yesterday I found the MsJournalist/susan berger Tweets
interesting.
Comment by Amalia Thursday, Aug 12, 10 @ 11:09 am
Luckily Patti is getting used to the ‘wanding’. She’s going to have to do that every time she goes to visit GRod.
Comment by ChicagoR Thursday, Aug 12, 10 @ 11:11 am
There may be more visits to the courthouse in Patti’s future, so she better get used to being wanded.
Comment by Anonymous Thursday, Aug 12, 10 @ 11:12 am
I’m predicting a split verdict, but I’m just wondering: if it’s a hung jury, is the media going to out, and mock, the jurors who voted for acquittal? And if they do, what does that say to jurors on the next jury pool — following your concience means risking goodness knows what (your reputation at work, at church, etc.). Remember, Steve Bartman wasn’t outed by name immediately — many outlets took a pass when the name surfaced until three Chicago Sun-Times reporters decided they had a journalistic duty to ruin that man’s life (aided, ironically enough, by Blago, who joked about Bartman’s life being at risk). It will be interesting who in the Chicago media stays classy and who turns tabloid trash.
Comment by lake county democrat Thursday, Aug 12, 10 @ 11:13 am
Everyone is stating that Rod and Patti look concerned and nervous while Rob is smiling and happy. Seems to me that the hung jury is in relation to Rob rather than Rod.
Comment by Publius Thursday, Aug 12, 10 @ 11:15 am
Based on the way everyone is acting, there has to be more in that note that the lawyers told their clients about that we don’t know. I think Publius is right.
Comment by Lincoln Parker Thursday, Aug 12, 10 @ 11:20 am
Like I said, perhaps there was more in the jury note than what was made public. Could explain Robert’s demeanor.
Comment by Wensicia Thursday, Aug 12, 10 @ 11:20 am
Publius,
We have heard that from more than one camp. Rob should remember that a hung jury isn’t an acquittal. Would the US Attorney refile on Rob if the jury can’t convict?
Re RB - Bill, still taking bets on his future?
Comment by dupage dan Thursday, Aug 12, 10 @ 11:23 am
Wow, a Breakdown would be a bit humourous
Rod doesn’t look good. Face puffy.Nervously clenching fists. All eyes on him.Tapping fingers on defense table.Fist on mouth (From Msjournalist)
Comment by I'm Just Saying Thursday, Aug 12, 10 @ 11:25 am
I bet they won’t refile if they get Rod. But if they don’t get they will refile. Rod looks nervous according to twitter updates.
Comment by Publius Thursday, Aug 12, 10 @ 11:25 am
I doubt they would re-try Rob. He isn’t worth the time/expense. However, I don’t recall why Cellini’s trial was severed. If it is possible, they might stick Rob back with him, but I don’t think they wanted Rob’s scalp. I think they wanted Rob because they thought he might cooperate or pressure Rod.
Then again, I can dream that he’ll be retried after they indict Patti.
Comment by Edison Parker Thursday, Aug 12, 10 @ 11:26 am
WBBM: Deadlocked on 22 of 24 counts.
Comment by Concerned Observer Thursday, Aug 12, 10 @ 11:30 am
WGN reports verdict on only two counts according to Judge Zagel.
Comment by Nearly Normal Thursday, Aug 12, 10 @ 11:30 am
No need for hashtag search on Twitter. Simply searching for blago or blagojevich will bring up everything, including affiliated hashtags of #blagojevich or #blago and any tweet that has the word sans hashtag.
Comment by Georgia Thursday, Aug 12, 10 @ 11:31 am
22 out of 24, how can the jury be this blind?
Comment by Publius Thursday, Aug 12, 10 @ 11:32 am
Bad news for Rod … good news for Rob.
Comment by Oswego Willy Thursday, Aug 12, 10 @ 11:32 am
Speaking of Cellini, his wife contributed to Brady’s election campaign.
Comment by Nearly Normal Thursday, Aug 12, 10 @ 11:32 am
Who wouldn’t be nervous faced with the prospect of going to jail? I wouldn’t read too much into that.
Comment by Bring Back Boone's Thursday, Aug 12, 10 @ 11:32 am
If those two are for Rod, that’s all they need to send him to prison, right?
Comment by Secret Square Thursday, Aug 12, 10 @ 11:32 am
Sounds like the two decided counts are the lying to the FBI ones, since those are the most straightforward ones.
Comment by Boone Logan Square Thursday, Aug 12, 10 @ 11:33 am
Hard to imagine them going after Patti. Not that I think she isn’t culpable, I just think people will see it as piling on. Mother of the 2 girls and all that. Sympathetic creature, I suppose.
Comment by dupage dan Thursday, Aug 12, 10 @ 11:33 am
=If those two are for Rod, that’s all they need to send him to prison, right?=
Nothing says those are guilty verdicts. They could just as likely be acquittals.
Comment by Mayor Quimby Thursday, Aug 12, 10 @ 11:34 am
oh my god, deadlocked on 22 of 24, have not gone through
the wirefraud yet. could be a guilty in the 2, but, still, WOW!
and still confusing.
Comment by Amalia Thursday, Aug 12, 10 @ 11:34 am
Secret Square: Assuming they are convictions, yes, it’s enough to send him to prison. Sadly, it’s also enough for Rod to claim he was vindicated on everything but a minor charge and keep up his clown act.
Comment by Edison Parker Thursday, Aug 12, 10 @ 11:34 am
Call NASA and order another orbit, this trial is going to take awhile longer.
Comment by Cincinnatus Thursday, Aug 12, 10 @ 11:35 am
Or.. the two verdicts could be acquittals for Robert. Which would explain why he seems happier
Comment by Secret Square Thursday, Aug 12, 10 @ 11:36 am
ugh, I bet it is one or two holding out on everything. Morons.
Comment by Jake L Thursday, Aug 12, 10 @ 11:36 am
Why do I still live in this corrupt state?
Comment by Publius Thursday, Aug 12, 10 @ 11:37 am
Just an aside, why would the jury even think they could not consider the wiretap charge? Nothing like leaving yourself open for an idiot lesson.
Comment by Cincinnatus Thursday, Aug 12, 10 @ 11:37 am
There is a serious problem if he goes to jail for perjury. He told the feds what he did when interviewed. From that time, until the time that he was secretly recorded, there were no charges that he lied. He was recorded because there was a belief that other crimes were being committed. How can the jury convict him of a crime when the only reason that there is any evidence is that rod was suspected of crimes which the jury may have decided that he didnt commit. Without recordings, there would be no perjury!
If this is the case, this is a juducual train wreck. If this is the case, I think Blago has a good chance on appeal.
Comment by anon Thursday, Aug 12, 10 @ 11:38 am
WGN says the jury reported they haven’t deliberated on 13 wire fraud counts.
Comment by Nearly Normal Thursday, Aug 12, 10 @ 11:38 am
Isn’t there only one wire fraud count (with thirteen acts)?
Comment by Cincinnatus Thursday, Aug 12, 10 @ 11:39 am
So, are they going back in for another week? There is a rumor the jury wants tomorrow off.
Maybe they need to be sequestered to get this done.
Comment by Nearly Normal Thursday, Aug 12, 10 @ 11:39 am
My guess is the two counts are for Rob and he is aquitted, remaining 22 deadlocked are Rod’s counts.
Comment by Bring Back Boone's Thursday, Aug 12, 10 @ 11:40 am
Cincinnatus,
Maybe they’re deadlocked on the acts underlying the wire fraud, i.e., did they do anything illegal using the phones/mail?
Comment by Pembleton Thursday, Aug 12, 10 @ 11:40 am
Incredible that they could be deadlocked on 22 counts. I know it’s a complicated case, but still…
Comment by Steve Downstate Thursday, Aug 12, 10 @ 11:40 am
Get Cellini.
Comment by Henry Thursday, Aug 12, 10 @ 11:41 am
Only two counts? We’ll be here ’til the November elections the way things are going.
Comment by Wensicia Thursday, Aug 12, 10 @ 11:41 am
Note to Jury–
“You should deliberate on the wire fraud counts to the extent necessary to enable you to vote on those counts. We recognize that your stated inability to reach agreement on other counts may have established to your satisfaction that you would be similarly unable to reach unanimity on some or all of the wire fraud counts. Nonetheless, a deliberative decision by you on each of those counts should be made, even if it is a decision that you cannot reach unanimity on any of those counts.”
Zagel has given attorneys 10 minutes to mull this over.
Comment by Nearly Normal Thursday, Aug 12, 10 @ 11:41 am
I am losing my trust in the jury system. This makes me sick.
Comment by lincolnlover Thursday, Aug 12, 10 @ 11:42 am
Bigger question in my mind: Is the deadlock for the counts against Rod, Rob or both?
That is a distinction I would like to know. It is possible that they have come to agreement on all charges against Rod, but not Rob — or vice versa.
My head hurts just thinking about this.
Comment by unclesam Thursday, Aug 12, 10 @ 11:42 am
Its Illinois. He did nothing illegal. You will be able to re-elect him.
Comment by Sueann Thursday, Aug 12, 10 @ 11:42 am
OMG.Bill’s going to be intolerable:)
Comment by wizard Thursday, Aug 12, 10 @ 11:43 am
Oh geez, they haven’t even discussed more than half of them?? Why did they send the note to the judge this early?
Comment by Tanman Thursday, Aug 12, 10 @ 11:43 am
I agree w/ Boone’s.
Comment by D.P. Gumby Thursday, Aug 12, 10 @ 11:43 am
Gag.
Comment by Nearly Normal Thursday, Aug 12, 10 @ 11:43 am
First I’ve seen of this:
@bridgetshanahan BREAKING NEWS: Jurors say they’ve have not even discussed the 22 other counts against Rod #Blagojevich. #fb
Comment by Pembleton Thursday, Aug 12, 10 @ 11:43 am
Hopefully this will tamp down all the amateur jury watchers.
Comment by The Captain Thursday, Aug 12, 10 @ 11:43 am
Bridget Shanahan tweet one minute ago says jury has not yet deliberated on “22 other counts against Blagojevich.” That’s interesting, but seems at odds with what others are reporting–no?
Comment by Steve Downstate Thursday, Aug 12, 10 @ 11:43 am
What is going on? I am confused first it was hung on 22/24 charges, now it’s no vote or deliberations on 11 of them? Are just as confused today?
Comment by Publius Thursday, Aug 12, 10 @ 11:44 am
SD, ignore that. Early AP and NBC5 report. In error.
Comment by Rich Miller Thursday, Aug 12, 10 @ 11:44 am
Sounds like we may be headed for a second trial. Illinois Republicans have got to be thrilled.
Comment by Anonymous Thursday, Aug 12, 10 @ 11:45 am
- Bring Back Boone’s - Thursday, Aug 12, 10 @ 11:40 am:
“My guess is the two counts are for Rob and he is aquitted, remaining 22 deadlocked are Rod’s counts.”
Okay, there are 24 counts against Rod, and 2 counts against Rob for a total of 26 counts.
They are deadlocked on 22 counts, and haven’t considered the single wire fraud count. So the three remaining counts can be against Rod, against Rob or some combo of both, right?
Comment by Cincinnatus Thursday, Aug 12, 10 @ 11:45 am
There is no way anyone with a straight face can say with the numerous smoking guns out there as evidence of what Blago did that they can not figure out if he did the deed. If it’s a hung jury, I hope the feds retry the case - this time they would not hold anything back for rebuttals and not hold Rezko & Levine in reverse.
Comment by Segatari Thursday, Aug 12, 10 @ 11:45 am
If there is to be a retrial, can it be moved to the federal courthouse in Springfield?
Comment by Joe from Joliet Thursday, Aug 12, 10 @ 11:46 am
You remember in “Eight Men Out”, the line Studs Terkel delivered about the hopeless trial of the eight and the chances of aquittal?
“This is Chicago, my friend, ANYTHING is possible”
Very Scary Thought …12 jurors voting for aquittal in this trial is scary …
Comment by Oswego Willy Thursday, Aug 12, 10 @ 11:46 am
At the rate the jury is going the trial really MIGHT last until Election Day after all…
I have visions of disgruntled state employees rioting in the streets of Springpatch (a la Rodney King) should Rod end up with a hung jury or acquittal on all his counts
Comment by Secret Square Thursday, Aug 12, 10 @ 11:48 am
It seems to me if they are deadlocked on 22 counts, then the two unanimous counts may be not guilty. If they addressed the weakest counts first (perhaps those against Rob), and all agreed not proven, there may be a hung jury on all Blago charges. Just another point of view.
Comment by downstate hack Thursday, Aug 12, 10 @ 11:49 am
So, if I properly understand AP’s corrected story — the jury has agreed on two counts, and is having some difficulty “connecting the dots” on the other 22 counts to make a unanimous decision “beyond a reasonable doubt.”
Sounds like they need to request some additional transcripts to help them deliberate a bit more thoroughly.
Comment by unclesam Thursday, Aug 12, 10 @ 11:49 am
Correction, Janis Cellini is Bill’s sister, not his wife–and former Gov Edgar’s patronage chief.
Comment by Nearly Normal Thursday, Aug 12, 10 @ 11:50 am
OMG - these jurors are idiots.
Comment by Windy City Mama Thursday, Aug 12, 10 @ 11:50 am
is there some clarification yet? I think we can all agree that they have a verdict on two counts, but are they deadlocked on the other 22, or just 9, and they havent even voted on the 13 wire fraud? Is my math correct? or is there only one wire fraud charge with 13 counts? this is annoying.
Comment by Jake L Thursday, Aug 12, 10 @ 11:52 am
Cellini’s wife contributes to Brady campaign. Now there’s a news flash. Cellini tried jumping to the other side of the fence, what looked to be greener pastures. He should have stayed on the GOP side and just counted his money for 8 years. Now he’s back to doing business with the GOP? Why would they want him now after his strong show of loyalty (NOT) during the Blago years?
Comment by Little Egypt Thursday, Aug 12, 10 @ 11:52 am
I always thought it was a weak case.
I’m sure they’ll get Rod on at least some charges though. Those jurors don’t want to be mocked by their friends, families, and neighbors for the rest of their lives. They don’t want to be the new OJ jury.
Comment by just sayin' Thursday, Aug 12, 10 @ 11:52 am
Rod may be as guilty as sin, but the jury isn’t there to play God, the are there to evaluate the evidence presented to them by the prosecution and the defense, and decide a verdict based on that, and that alone.
Several attorneys have been saying since the prosecution rested that the case presented was weak. Maybe they were.
We evaluate Rob based on out outside knowledge of the case, and most of us didn’t hear every word of testimony, and read transcripts like the jury did.
One wonders if we were in the jury room what we would do given their mandate. Remember, your prior prejudice is supposed to be left at the door.
Anyway you look at it, there are some on the jury who weren’t swayed to convict during this trial.
Conclusion from today’s results:
The prosecution did a terrible job presenting their case.
Do not blame the jury, the system is actually working.
Comment by Cincinnatus Thursday, Aug 12, 10 @ 11:53 am
The AP seems to have problems reporting the truth during this trial. I am so confused can someone tell me what is going on? I hear 22, then 9 and now none.
Comment by Publius Thursday, Aug 12, 10 @ 11:54 am
@Windy City Mama:
You don’t convict somebody just because you hate him or think he’s guilty. I think he’s guilty. But, neither of us were in the courtroom. There was a lot of innuendo and he said/she said evidence, including testimony by some people that could be seen as not so trustworthy. You convict someone on the evidence you were presented not on what your opinion is. I thought all along the prosecution was doing a less than stellar job at presenting a case.
Comment by Demoralized Thursday, Aug 12, 10 @ 11:54 am
Change asked for and given to jury instructions by defense:
…to enable you to vote on those counts…
the word ‘vote’ was changed to ‘decide’.
Comment by Wensicia Thursday, Aug 12, 10 @ 11:55 am
Lynn Sweet twitter:
lynnsweet
Sweet blog Rod Blagojevich jury on the 24 counts: 2 decided, 11 not discussed yet, 11 deadlocked
Comment by Jake L Thursday, Aug 12, 10 @ 11:57 am
There is no smoking gun and no evidence. There can’t be because there were no crimes committed except in the USA’s and some of your minds. Rod will walk and then my faith in the system will be somewhat restored.
Comment by Bill Thursday, Aug 12, 10 @ 11:58 am
Rich, the math you use adds up to 24 counts, which is what Rod was charged with. What about the counts against Robert?
Comment by Really?? Thursday, Aug 12, 10 @ 11:58 am
I really hate to read comments about the jurors being idiots. With that said, however, it is difficult to understand why they have not reached a unanimous decision on more than 2 counts after this long deliberation. It would be curious to see the vote on the other counts and to know if there is one holdout or more. We may be assuming there is a holdout(s) who may believe Blago is innocent, when it may be that most believe Blago is innocent and the holdout(s) could be for conviction. Lots of questions with no answers - yet.
Comment by Little Egypt Thursday, Aug 12, 10 @ 11:59 am
I don’t think the court discussed which counts they are deadlocked on and which they decided on… it’s probably good news for Robert… it may be good news for Rod depending on if the decision was guilty or not.
I could see a scenario where a count or two comes back as not guilty.
Comment by John Bambenek Thursday, Aug 12, 10 @ 12:00 pm
If you are confused as to how the jury couldn’t reach a verdict on 11 counts, take a look at the verdict sheet and the 100+ instructions… it’s very convoluted.
Comment by John Bambenek Thursday, Aug 12, 10 @ 12:01 pm
Thanks for the reminder, Bill — the worst part of a Rod hung jury/acquittal will be having to “listen” to you say “Told you so” for the rest of our natural lives
Comment by Secret Square Thursday, Aug 12, 10 @ 12:01 pm
@Really
Four of the 24 counts are shared by Robert and Rod. I wonder if the jury is just overwhelmed by this case and is looking for a way out…
Comment by Wensicia Thursday, Aug 12, 10 @ 12:07 pm
Anon 11:38, if you recall Martha Stewart’s underyling conduct turned out to not be criminal but that was irrelevant because she lied to the FBI about it.
Comment by Anonymous Thursday, Aug 12, 10 @ 12:08 pm
Whatever Bill. Smoking gun evidence is absent in a lot of trials. Deliberations don’t last this long when there’s nothing to discuss.
Comment by Mad Brown Thursday, Aug 12, 10 @ 12:09 pm
weak case ( with the exception of the Rod FBI lie) plus
Patti on I’m a Celebrity and Rod everywhere equals
this confused and slow jury. just one person in there
who loved how real Patti was in the jungle could be
the thing the defense was searching for. as for Robert,
not many actually think that guy should be in prison,
so I would not be surprised if they cut him loose.
there’s lots to discuss besides the actual trial when
the gov has been so omnipresent, plus, who knows, maybe
there are people on the jury who think Mike Madigan
and company are as much to blame for the sad state
of the State and they just don’t want to peg anything
on Elvis.
Comment by Amalia Thursday, Aug 12, 10 @ 12:09 pm
Well said, Cincinnatus.
Comment by anon Thursday, Aug 12, 10 @ 12:09 pm
As I recall Cellini was severed when Rezko pled out and Kelly died as they were the link between Cellini and Blago. Without them, they didn’t have a direct link w/ the crimes.
Comment by D.P. Gumby Thursday, Aug 12, 10 @ 12:11 pm
If they aren’t coming back tomorrow maybe they will have a verdict this afternoon if as it seems they want to give up
Comment by Publius Thursday, Aug 12, 10 @ 12:12 pm
From S-T blog–
After court, defense attorneys gathered in the hot and humid lobby of the Dirksen Federal Building to address the media.
“I think there’s a lot of cautious optimism,” said attorney Aaron Goldstein of the Blagojevich camp.
Goldstein added that the former governor is “anxious.”
Comment by Nearly Normal Thursday, Aug 12, 10 @ 12:13 pm
If this ends deadlocked Bill has earned the right to preen a little, but kep in mind that deadlocked means another trial, notthe same as quittal.
And the prosecution can contact those jurors with the courts permission to find out what worked and what didnt
Comment by Ghost Thursday, Aug 12, 10 @ 12:13 pm
OK,Mad. I guess we will all find out eventually. I is just as likely that there is one holdout who is insisting on guilty while all the others want to do the right thing. Nobody’s guesssed right so far so we’ll just have to wait and see.
Comment by Bill Thursday, Aug 12, 10 @ 12:14 pm
Apparently our dull-witted former Governor’s fate is truly being deliberated by a jury of his peers.
Comment by Budget Watcher Thursday, Aug 12, 10 @ 12:15 pm
The jury hasn’t even considered the 11 wire fraud counts yet, and they’re asking for Friday off? Didn’t they take last Friday off too? Maybe it’s time to sequester them.
Comment by Anonymous Thursday, Aug 12, 10 @ 12:17 pm
Perhaps Rod, if acquitted, will then devote his life to searching for the “real” corrupt governor?
Comment by Secret Square Thursday, Aug 12, 10 @ 12:17 pm
The gov’t has already spent over twenty million on this witch hunt. I don’t think the presiddent is going to stand for more over reach on the part of the clown factory over at the USA’s office.
It’s now or never for the “prosecution”.
Comment by Bill Thursday, Aug 12, 10 @ 12:18 pm
When is some brave press soul going to stand up ask the FEDS to justify exactly how they spent our hard earned tax dollars Did the FEDS get caught up in “us V.S them” and just lose their way? Exactly how much of our money did these bumblers expend chasing the Blago rainbow?
Who the hell do these clowns work for anyway? Is the press so afraid of the FEDS that they won’t ask the relevant questions?
If Blago walks someone has some explaining to do! At the very least someone has to be fired at the FED. Clearly average citizens do not want to criminalize politics and it’s about time the FEDS understand the point. Some good citizen should file suit against the FEDS and ask for our money back. What a joke!!!!!
Comment by please... Thursday, Aug 12, 10 @ 12:18 pm
Still waiting for some clarification and reconciliation on the number of counts, number deadlocked, number remaining, is wire fraud 1 or 11 counts.
Rich?
Anybody?
Comment by Cincinnatus Thursday, Aug 12, 10 @ 12:20 pm
Hey Fitzie,
Do you think Ol’Abe is till spinning?
Comment by Bill Thursday, Aug 12, 10 @ 12:20 pm
Now Bill, if you had just campaigned a little harder, you would be sitting pretty in the Senate, ready to blow out Commander McQueeg, Rod would have a lot fewer problems, and Roland would be back to tombstone-polishing. What a shining moment we all lost.
Comment by Arthur Andersen Thursday, Aug 12, 10 @ 12:25 pm
You know, as I lay awake last night, I thought, what if a guy from the Mob walked into my store and said, “Nice place you got here. It’d sure be a shame if something happened to it. You know, if you make the Old Man happy, it might not.” That sounds to me like an extortion attempt, but using the Blago defense as an analogy, (a) No money changed hands, (b) there is no explicit threat, (c) there is no explicit quid pro quo. So is what the mobster doing illegal? I sure hope so. But then, I’m not on the jury.
Comment by What planent is from again? Thursday, Aug 12, 10 @ 12:25 pm
I agree with Anonymous, make the jury understand they can’t avoid their duty by running away from it.
Comment by Wensicia Thursday, Aug 12, 10 @ 12:27 pm
rich, thanks so much for posting the handy guide
to charges and jury instructions!
Comment by Amalia Thursday, Aug 12, 10 @ 12:29 pm
==What a shining moment we all lost.==
You can say that again and I’d have no problem with Kirk either if he would have been stupid enough to run against me.
Comment by Bill Thursday, Aug 12, 10 @ 12:29 pm
Cincinnatus, there are 24 counts. They’re both charged under some of them.
Comment by Rich Miller Thursday, Aug 12, 10 @ 12:30 pm
What Planet Is He From: That’s precisely why convictions against mobsters have historically been difficult to obtain.
Comment by Secret Square Thursday, Aug 12, 10 @ 12:32 pm
Echoing thanks to Rich for the summary. Get back to work, jury…
Comment by Cincinnatus Thursday, Aug 12, 10 @ 12:34 pm
So basically the jury can handle just a tad more than one count a day. Hell yes, they need a day off.
Comment by Joe from Joliet Thursday, Aug 12, 10 @ 12:35 pm
The feds, at some point, should start hoping for a hung jury so they can retry this goof with all their guns blazing. Obviously, this isn’t their jury. How can they have only debated half the charges?
Bill is right, though. Obama may use this as an excuse to put the kabosh on this embarrasment to his admin.
Look on the bright side my fellow Illinoiians, if your on the inside, the books may be opening again.
Comment by Phineas J. Whoopee Thursday, Aug 12, 10 @ 12:44 pm
I have a really bad feeling that they found RRB not guilty on counts 1 and 2 - the racketeering charges - which would explain why they are either deadlocked on or don’t understand how they have to deal with the 11 related wire fraud counts.
Comment by Rich Miller Thursday, Aug 12, 10 @ 12:46 pm
I agree with Rich on this
Comment by Publius Thursday, Aug 12, 10 @ 12:48 pm
It’s still like reading tea leaves. Almost impossible to believe they haven’t even debated/voted on wire fraud counts, so either this is one hell of a deliberative body or the notes being passed back and forth are leaving a lot unsaid.
Either way I’d bet Blago’s hair brush that this jury has an Allen Charge (aka Dynamite Charge) in it’s near future.
http://en.wikipedia.org/wiki/Allen_charge
Comment by Wilson Watcher Thursday, Aug 12, 10 @ 12:49 pm
I just read Sen. Durbin just got out of surgery? Anyone else know more?
Comment by LINK Thursday, Aug 12, 10 @ 12:51 pm
WW, they don’t use Allen charges in that circuit. They use US v. Silvern instead.
Comment by Rich Miller Thursday, Aug 12, 10 @ 12:52 pm
I think the feds blew it when they didn’t call their full battery of witnesses in the hopes that Rod would step in it and they could hammer him in rebuttal.
Also, if Rod walks and there is rioting in Chicago, I call Dibs on burning down Wrigley.
Comment by davE Thursday, Aug 12, 10 @ 12:54 pm
Rod & Rob are going to walk and they know it….
Comment by Bulldog Thursday, Aug 12, 10 @ 12:59 pm
The feds blew it when they spent tens of million of dollars trying to railroad Rod when they could have been investigating real criminals. It is not like there is no real crime to fight in Chicago. There should be a law banning USA’s from running for public office after they are through. Maybe then we’d get some real prosecutors and crime fighters in those offices.
Comment by Bill Thursday, Aug 12, 10 @ 1:00 pm
Rch,
Like you, I am plowing through the counts.
If Counts 1 and 2 are hung, Counts 14, 15, 17, 19, 21 and 22 are so interrelated that they probably get hung too.
This in turn casts doubts on the Wire Fraud alleged in Count 3. The jury probably let this count go from intense deliberation because if there was no criminal enterprise, and no conspiracy, how can there be a case about using the phones to talk about it.
Since Rod and Rob didn’t benefit personally, and it does not appear any money actually changed hands, Counts 16 and 20 are probably deadlocked to some jurors.
Conspiracy to commit bribery, Counts 18 and 23, are probably something the jurors can get consensus on.
Count 24, making false statements is something that jurors may be predisposed to lean Blago since everyone knows that the Feds can get anyone on this charge.
So my guess is they have decided on Counts 17 and 21, conspiracy to commit extortion. They are hung on the rest. They think the wire fraud charges don’t apply since the underlying crimes are hung. They hate the Feds enough to ignore Count 24.
Or not.
Comment by Cincinnatus Thursday, Aug 12, 10 @ 1:01 pm
Cincinnatus,
you my intuitive friend may have too much time on your hands. lol
Comment by Phineas J. Whoopee Thursday, Aug 12, 10 @ 1:04 pm
Phineas J. Whoopee,
Retired…
Comment by Cincinnatus Thursday, Aug 12, 10 @ 1:05 pm
Obviously we don’t know how deeply the jury is split, but if it’s something like 6-6 or 7-5, do the feds even bother retrying him? The media tends to assume that hung juries are always because of one holdout juror, but if Rich’s theory is accurate, that seems to suggest deeper problems with the case.
Comment by Anonymous Thursday, Aug 12, 10 @ 1:09 pm
Cincinnatus, are you saying you think they’ve found him guilty on 17 and 21?
Comment by Rich Miller Thursday, Aug 12, 10 @ 1:11 pm
By the way, I know its premature, but how come none of you are calling the Adams team stupid and talking about how they were out of their league in federal court. Maybe the fed prosecutors should spend little time at 26th street so that they can better understand and relate to the real people that make up juries even in the hallowed dirksen center. Even with a biased judge the jury ultimalety gets to decide the case.
Remember, just ask yourselves, “What would Sam say?”.
Comment by Bill Thursday, Aug 12, 10 @ 1:12 pm
I wonder -
which are the two most serious (longest sentence/toughest to prove) counts?
and which are the two least serious (shortest/sentence/easiest to prove) counts?
For once, I wish I was a lawyer.
Comment by Robert Thursday, Aug 12, 10 @ 1:13 pm
Bill I will say they are out of their league in fed court still.
After all even a broken clock is correct twice a day.
and someone who makes only bad financial decision can still be rich if they win the lottery.
Comment by Ghost Thursday, Aug 12, 10 @ 1:16 pm
The feds will retry if the jury comes back hung and there is no convictions.
Where this went south for them, I think, is holding on to evidence until Rod testified so they can broadside him with it. That kept tapes and witnesses off the table that they could have called.
If that’s how it plays out, was a very smart move by Sam Adam and team.
Comment by John Bambenek Thursday, Aug 12, 10 @ 1:18 pm
Ghost-
The won’t be rich for long though.
Comment by John Bambenek Thursday, Aug 12, 10 @ 1:19 pm
Terry Sullivan at the noon news was very interesting.
1) he said this was good for the defense
2) he said that he thinks the jury is likely to come back today
because they have tomorrow off and they probably won’t get
anywhere with what is left cause they have actually probably
already considered the counts a bit so time to be done.
3) he looks flustered
4)he said that in effect the judge has already given them the
Allen charge so he does not expect that they will get it in fact.
I think Robert is walking away and Rod will get retried.
Comment by Amalia Thursday, Aug 12, 10 @ 1:20 pm
- Rich Miller - Thursday, Aug 12, 10 @ 1:11 pm:
Cincinnatus, are you saying you think they’ve found him guilty on 17 and 21?
Not necessarily. I thought that those were the easiest Counts to understand and process for the average person, and probably there is enough information to act one way or the other.
With the mood of this jury right now (do you know if the air conditioning is set to COLD or does the jury room look like 12 Angry Men) who can guess what they’re thinking.
I further think that unless someone on this jury took a heavy expediting role, organizing the information like I would have, note cards, charges written down and posted in columns, supporting testimony linked to each count, etc. the jurors are hopelessly caught up in a morass from which they cannot extricate themselves. This line of thought also is one of the main reasons that I think that they didn’t even bother trying on wire fraud.
I actually think that there is a 25% chance Rod walks from the whole mess, and something like 75% for Rob.
Comment by Cincinnatus Thursday, Aug 12, 10 @ 1:21 pm
Cincy and Bill echo my sentiments. I do not blame the jury at all, but feel that the Feds laid out a very weak case.
Why didn’t the Feds call:
Jesse jr
Cini
Rezko
oh to have been a fly on the wall during trial prep…
Can this case be retried?
Does double jeopardy apply?
Answers anyone?
rezko
cini
Comment by Loop Lady Thursday, Aug 12, 10 @ 1:25 pm
If it’s hung they can retry as many times as they like.
And if he walks, the state ought to indict him.
Comment by Rich Miller Thursday, Aug 12, 10 @ 1:26 pm
==After all even a broken clock is correct twice a day.==
not if its digital
Comment by Bill Thursday, Aug 12, 10 @ 1:27 pm
Sorry for the typo…on my I phone
Comment by Loop Lady Thursday, Aug 12, 10 @ 1:27 pm
- Bill - Thursday, Aug 12, 10 @ 1:27 pm:
==After all even a broken clock is correct twice a day.==
not if its digital
Sometimes a blind squirrel gets a nut?
Comment by Cincinnatus Thursday, Aug 12, 10 @ 1:28 pm
==And if he walks, the state ought to indict him.==
rofl
Comment by Bill Thursday, Aug 12, 10 @ 1:28 pm
Bill
You’ve been wrong for 8 years, there’s no reason for that to change. Maybe you can make plans to visit your buddies in the near future. You really are not an expert on anything, but stiring.
Comment by Bulldog Thursday, Aug 12, 10 @ 1:28 pm
Isn’t it time to release the names of the jurors ?
Comment by Windy City Mama Thursday, Aug 12, 10 @ 1:29 pm
Hey, if Rod somehow walks, there’s nothing stopping him from running for Congress in 2012. Maybe he can get started on that presidential campaign he’s dreamed about for so long.
Comment by Anonymous Thursday, Aug 12, 10 @ 1:32 pm
I won’t guess which counts have been decided, no way we’ll find out, but I disagree with counts 1 and 2. You can’t decide on those counts without coming to a decision on many of the others, at least you shouldn’t.
Comment by Wensicia Thursday, Aug 12, 10 @ 1:34 pm
==And if he walks, the state ought to indict him.==
I agree 100%, but does anyone think there is anyway Lisa Madigan has the cahonies to indict him?
She was on the records stating the Jim Ryan failed to fulfill his duty by waiting on the Feds to take down George, then turned around and did the same thing for 6 years?
Comment by the Patriot Thursday, Aug 12, 10 @ 1:43 pm
- Rich Miller - Thursday, Aug 12, 10 @ 1:26 pm:
“If it’s hung they can retry as many times as they like.
And if he walks, the state ought to indict him.”
Yoikes!
I had never even considered that, Rich.
Assume, as many have said that Fitz and the Feds are the sharpest knives in the drawer.
Does Lisa Madigan even come close to his star power, or have anywhere near the Feds resources? If the Feds can’t hook him, I doubt the locals can.
Since the SAG is an elected official, trying Rod in state court has more political strings attached to it.
Consider the huge risk (there is a possible equivalent sized reward). If Lisa lost, her career would be kaput, she might as well move to another state. I also believe some (more) stench would attach to the state Dems that they have so far managed to avoid.
On the flip side, she could be governor-for-life.
Comment by Cincinnatus Thursday, Aug 12, 10 @ 1:50 pm
I’m with Loop Lady….Rezko and Cini. Cini is an old Mell
guy.
Comment by Amalia Thursday, Aug 12, 10 @ 1:52 pm
This explains why it was so quiet in the jury room. They were napping.
Comment by Way Way Down Here Thursday, Aug 12, 10 @ 1:57 pm
LOL at “The state ought to indict him.” So we get another few years of hearing how it was all a Madigan conspiracy
Comment by Concerned Observer Thursday, Aug 12, 10 @ 1:58 pm
Well if the state comes after him there are two big differences…
There is no money left in the campaign kitty, so he would have to either pay for his own defense with what he has left personally or get a PD.
You are not going to get the Adams family with what they would pay a PD.
Comment by OneMan Thursday, Aug 12, 10 @ 2:00 pm
===By the way, I know its premature, but how come none of you are calling the Adams team stupid and talking about how they were out of their league in federal court.===
I think Bill is correct on this point. The Adams bashing was far and wide on here. Not many were giving them much credit for the decision to not put on a defense.
Comment by Been There Thursday, Aug 12, 10 @ 2:04 pm
I know double jeopardy is a weaker concept in reality than in theory, but there’d be something disturbing about the state retrying for essentially the exact same crimes. Especially since a judge who received campaign contributions from either 1) the GOP or 2) Mike Madigan would almost assuredly be handling the trial.
Comment by lake county democrat Thursday, Aug 12, 10 @ 2:05 pm
Something else I haven’t seen mentioned yet: over on another blog, this morning, a commenter noted that Judge Zagel is known for his dry, deadpan sense of humor… and his comments about the jury being extremely disciplined and never once shouting MIGHT have been sarcastic. Is that possible? If so, is everybody’s sarcasm detector on the fritz these days?
Comment by Secret Square Thursday, Aug 12, 10 @ 2:09 pm
Lake County Democrat
{Remember, Steve Bartman wasn’t outed by name immediately — many outlets took a pass when the name surfaced until three Chicago Sun-Times reporters decided they had a journalistic duty to ruin that man’s life (aided, ironically enough, by Blago, who joked about Bartman’s life being at risk).}
I think you are too far north; and outside the southside media market. I think Bartman was invited to be the Grand Marshall of the south side Irish St. Patrick’s Day Parade each and every year since that incident occurred at Wrigley Field. He was also given season tickets for the Booth # 1 at Cork & Kerry.
His life was not ruined. He became a memorialized legend. All he had to do was move south and he could have been King of the Hill for life.
Comment by Quinn T. Sential Thursday, Aug 12, 10 @ 2:26 pm
=And if he walks, the state ought to indict him. =
Aside from the political, Lisa Madigan, etc. issues, can you even imagine trying to find a jury that doesn’t know enough about this case to be impartial??!? Boggles the mind to even consider it.
Comment by Monstrum Thursday, Aug 12, 10 @ 2:47 pm
“if Rod walks and there is rioting in Chicago, I call Dibs on burning down Wrigley.”
If Rod walks (anytime in the next 10 days) and there is rioting in Springfield, I call dibs on melting the butter cow at the State Fair and having a massive corn boil instead…
Comment by Secret Square Thursday, Aug 12, 10 @ 2:55 pm
Ron Safer on the radio saying that juries often misunderstand
that if they are deadlocked on any one count that they have
to keep deliberating. he says it is always good for the
defense if there is discord or confusion in the jury room.
he’s not surprised that this is taking long because there
are tapes and RICO charges.
nice radio appearance as an advert for Schiff Hardin dude!
Comment by Amalia Thursday, Aug 12, 10 @ 3:35 pm
I actually think that Rod can sue the State for illegally taking him out of the office without due process. Can get his lost salary for two years or how long left before he got impeached. as far as Senate passing the bill that he cannot run for office again (without conviction) that is unconstitutional. bill of attainder
Comment by VM Thursday, Aug 12, 10 @ 4:28 pm
VM, not quite. Here’s the full text from Article IV, Section 14 of the Illinois Constitution.
The House of Representatives has the sole power to
conduct legislative investigations to determine the existence of cause for impeachment and, by the vote of a majority of the members elected, to impeach Executive and Judicial officers. Impeachments shall be tried by the Senate. When
sitting for that purpose, Senators shall be upon oath, or affirmation, to do justice according to iaw. If the Governor is tried, the Chief Justice of the Supreme Court shall preside. No person shall be convicted without the concurrence
of two-thirds of the Senators elected. Judgment shall not extend beyond removal from office and disqualification to hold any public office of this State. An impeached officer, whether convicted or acquitted, shall be liable to
prosecution, trial, judgment and punishment according to law.
————–
IOW: The legislature could impeach him for sneezing too much, so no standing for ‘due process’. They followed the law to the letter. And he can’t run for (statewide) office again — it’s right there in the Constitution.
If he wants to challenge that, well, more power to him, but I don’t see how they broke any laws.
Comment by Concerned Observer Thursday, Aug 12, 10 @ 4:39 pm
===I actually think that Rod can sue the State for illegally taking him out of the office without due process.
It’s a political process, not a judicial process. There is no such thing as Due Process other than meeting the Constitutional provisions which are minimal.
Comment by ArchPundit Thursday, Aug 12, 10 @ 4:57 pm
Since I think you can have a civil case against the state (as opposed to the Feds), can Rod sue the state for defamation or other such allegations?
Lawyers?
Comment by Cincinnatus Thursday, Aug 12, 10 @ 5:10 pm
George Ryan must be spinning in his cell. If Blago walks he’ll be fit to be fried. Could Blago still run for Senate?
Comment by Phineas J. Whoopee Thursday, Aug 12, 10 @ 5:35 pm
@VM, I dealt with this “bill of attainder” (law that is aimed at and impacts just one person or entity) in my column a couple weeks back. It turns out that the prohibition isn’t a bill or a law, but a judgment handed down by a legislative body that, for the purposes of impeachment, is sworn to perform a judicial function. In that sense the ban is no more a “bill of attainder” than a sentence given to one person by a criminal court judge.
@Phineas — Yes, he can run for the U.S. Senate, the U.S House or, what the hell, for president. The GA has authority only over offices created by state statute.
Comment by Eric Zorn Thursday, Aug 12, 10 @ 6:39 pm
Who wants to bet that should Rod escape conviction, Ryan will make a renewed push to get out of prison, on the grounds of “why should I be locked up when that clown Blago who makes me look like a saint goes free?”
Comment by Bookworm Thursday, Aug 12, 10 @ 8:11 pm
===Since I think you can have a civil case against the state (as opposed to the Feds), can Rod sue the state for defamation or other such allegations?
There is still 11th Amendment immunity. As far as I know (and I’m not a lawyer, I don’t think the State of Illinois has made an exception and allowed for suits against it for defamation.
But more to the point, in this case the State of Illinois and it’s legislative body is completely immune during legislative proceedings
—A member shall not be held to answer before any other tribunal for any speech or debate, written or oral, in either house. These immunities shall apply to committee and legislative commission proceedings.
Everything the State of Illinois has done to Rod Blagojevich is clearly outlined in the Illinois Constitution and is backed by hundreds of years of common law on top of that. He has no case. He’s gone forever from state government and he cannot do anything about it.
Comment by archpundit Thursday, Aug 12, 10 @ 9:26 pm
===Yes, he can run for the U.S. Senate, the U.S House or, what the hell, for president.
Oh, you know he’s thinking about it. He is delusional afterall
Comment by archpundit Thursday, Aug 12, 10 @ 9:27 pm
As far as I am concerned, Blago is playing by the Cgo rules. I actually wanted Obama (improbable), Valerie Jarrett, Rahm Emanuel, and whomever else they could drag back from the White House, to testify under oath at Blago’s trial. I think Rod is so full of illegal acts that Obama and the rest have committed, that even if he is convicted, Obama will pardon Blago before he leaves office , per agreement for Blago to keep “secrets” that Blago has on Daly, Todd Stroger, Obama, and his cohorts in the White House.
One positive thing that ALL the corrupt politicians have done,(never moreso than with Obama) is to have awakened many “sleeping dogs”
Comment by A Senior Illinoisan Monday, Aug 16, 10 @ 6:31 pm