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Jurors voted 9-3 to aquit Robert Blagojevich

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Blagojevich Trial

* 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.”

Should he be retried? Terry Sullivan doesn’t think it’ll happen…

Regarding Robert Blagojevich, Sullivan said he wasn’t convinced federal prosecutors would retry him. “That might be considered as piling on,” he said.

* And Robert and his wife Julie were interviewed by WBEZ about that jury vote…

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.

* Meanwhile, Joe Birkett wants Fitzgerald to go after Patti…

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.”

Thoughts?

posted by Rich Miller
Thursday, Aug 19, 10 @ 11:19 am

Comments

Who were the three who voted to convict Robert? They should be outed and forced to explain their reasoning in the face of very widespread opposition to their point of view.

Comment by George Thursday, Aug 19, 10 @ 11:24 am
Maybe robert should make a deal to help the Prosecution

Comment by Just Because Thursday, Aug 19, 10 @ 11:26 am
Split the case. Try to make a deal with Robert. Retry Rod and use everything.

Comment by Retired Non-Union Guy Thursday, Aug 19, 10 @ 11:30 am
If the government puts Rezcko on the stand in the next trial, they may have to charge Patty since she was part of the no show kickback scheme.

Comment by ivoted4judy Thursday, Aug 19, 10 @ 11:31 am
I would play hardball. See if Rob will testify against his brother in return for a slap on the wrist or even total immunity. I would also go after some of the lower level underlings to see if they can get ANYTHING from them. Every bit helps.

Comment by Phlegm Thursday, Aug 19, 10 @ 11:38 am
Bright ideas like this are what helped Brickhead’s political career sore to great heights. Perhaps he would like to sentence her to death?

Comment by anon Thursday, Aug 19, 10 @ 11:38 am
agree with anon 11:38.

Comment by winco Thursday, Aug 19, 10 @ 11:42 am
How can there be a conspiracy with no co-conspirator?

Many people on this blog and others thought that the conspiracy charges were the slam dunk counts against Rod. Can you nail Rod for talking to himself in the mirror?

The Feds really seem to have botched this case. There were WAY too many inter-related, nebulous charges. Unless the Feds get their poo-poo together, they are going to have a rough road ahead.

Since Robert was almost acquitted, they should cut their losses with him and let him go. Doing so would also force them to rethink the RICO stuff. They should settle on the extortion-related charges and hammer on that.

Comment by Cincinnatus Thursday, Aug 19, 10 @ 11:47 am
Tricky business. Given that jurors said the prosecution was too complicated, I could see the federales cutting Robert loose to focus on Rod.

Comment by wordslinger Thursday, Aug 19, 10 @ 11:50 am
===How can there be a conspiracy with no co-conspirator?===

1-2-3-4. Lon Monk testified that the conspiracy consisted of himself, Rod, Rezko and Kelly. There is still a conspiracy charge hanging over Rod.

But yeah, I don’t think justice demands that Robert go down over his role in this. But he’s said he won’t take a plea deal, so the prosecutor ought to consider dropping the charges on Robert to focus just on Rod, their primary target. Robert is a distraction, and a sympathetic one at that.

Comment by 47th Ward Thursday, Aug 19, 10 @ 11:52 am
Initially, not a fan of a case against Mrs. Blago (sympathy for parents and impact on kids). But I have to say after the absurd theaterics, bringing the kids into the courtroom, listening to bits and pieces of evidence as to how she was nearly as knee deep (and filthy mouthed) in this as her husband….justice is best served dropping the Brother Rob complaint and taking out after Mrs. Blago. To the extent they need Brother Rob as a witness, they have his transcripts of testimony - and availability as a witness.

We all could wish Rob were our brother - he is a descent person.

Comment by washedmyhands Thursday, Aug 19, 10 @ 11:56 am
What was it that Sam Adam Sr. said about Fitzgerald, that he was “prosecutory-happy”?

That is Joe Birkett.

Birkett is so angry, it makes me “angry” as a Repub that the party thinks it good to have him as an attack dog.

Prosecute Patty? People are railing on the idea of the cost of a retrial, but instead of letting the felon Blago twist … Birkett wants ANOTHER trial, and THEN to go after the wife AND litigate more …

Joe… please … sit down.

You lost to Lisa … show some class that you have yet to show with these losses you keep having. It’s over.

Comment by Oswego Willy Thursday, Aug 19, 10 @ 11:56 am
On the conspiracy point, folks are forgetting that if he hadn’t committed suicide, Kelly would have been sitting there as a co-defendant. The conspiracy case would have been a lot more attractive against all the defendants if Kelly were still there.

Comment by Anonymous Thursday, Aug 19, 10 @ 12:02 pm
Big Head Joe Birkett wants to play hardball and be a prosecutorial zealot? Shocker.
Leave his family out of it. They will pay enough of a price when Rod goes to prison. They’ve paid enough now. We don’t need to orphan the kids.

Comment by unspun Thursday, Aug 19, 10 @ 12:03 pm
“The duty of a public prosecutor is to seek justice, not merely to convict” Illinois Rules of Professional Conduct, Rule 3.8. Not sure Birkett or Fitzgerald are familiar w/ it.

Comment by D.P. Gumby Thursday, Aug 19, 10 @ 12:05 pm
Yes Joe, since jurors were complaining that the charges were too complicated, the answer clearly is to charge more people and give the next jury even more work. Maybe we can charge his kids while we’re at it.

Comment by Anonymous Thursday, Aug 19, 10 @ 12:09 pm
Chaging patti might help the govt show he money trail and the actual financial gain that did pass through to blago. I would charge her and try them both together.

Comment by Ghost Thursday, Aug 19, 10 @ 12:10 pm
Feds never shoulda charged Rob Blago. He is clearly too sympathetic a character. Is he guilty? Could be. Does what he did rise to the need for a federal prosecution? Nope. Sometimes prosecutors need to focus on the concept of “justice” and not just on the concept of winning and convictions.

I loathe Blago, but I’m not entirely unhappy the Feds got their heads handed to them on a plate. The criminal justice system, particularly in Federal court, is a rigged game in which the prosecution has all the advantages and seldom adheres to the spirit of “the rules”.

Patrick Fitzgerald is a zealot. I want someone a wee bit less sure of himself in that office. I want someone who sees more ambiguity that “rightness” all the time.

Find some ex cop turned lawyer for the office. Their experience tends to make them a wee bit more likely to use discretion when viewing criminal justice issues.

Comment by IrishPirate Thursday, Aug 19, 10 @ 12:13 pm
From the Tribune: A father himself, Wlodek said he thought bringing in the two young girls during heated arguments seemed like a poor choice and an obvious stunt.

“To bring your kids into the courtroom for something like that, there were a lot of things said there — about their mother — and I don’t think it was called for,” Wlodek said.

The stunts didn’t seem to work. The jurors saw it for what it was.

Also, I don’t think the Feds would cut a deal with Rob. He’s already under oath saying he didn’t go anything wrong and it would be obvious that he cut a deal to avoid another $2.7 million legal bill. Any semi-competent defense attorney would shred him.

Comment by Edison Parker Thursday, Aug 19, 10 @ 12:16 pm
Oops, I forgot the Lady MacBlago argument.

Patti deserves to be charged in my opinion. However, given the realities of another prosecution it would make the feds and Fitzgerald look petty.

Wouldn’t be prudent. Can you imagine what the Adam family would do with charges against Lady Macprofanity?

Comment by IrishPirate Thursday, Aug 19, 10 @ 12:17 pm
The point of all this is to exact justice. If Patti is involved in criminal activity, they should go after her as well.

They all seemed perfectly willing to screw over the rest of us, without regard for the children. Now they must be held accountable.

I’d hit them hard and give them no quarter, all of them, as I vividly remember how they misused their power to disrupt and destroy countless lives of hard working state employees. They’ll get no sympathy from me.

Comment by Justice Thursday, Aug 19, 10 @ 12:18 pm
If they decide to let Robert go, wouldn’t they have to drop the same 4 counts against Blagojevich? I don’t see that happening. Had they acquitted Robert of any, maybe then…

Comment by Wensicia Thursday, Aug 19, 10 @ 12:22 pm
If Patti took the Rezko money and didn’t do the work, it is her fault and she should be tried. It is not the job of the Prosecuter to be her or Rod’s conscience. Would any of us get off that easy? If you are the parents of two children you should think about consequences before you commit a crime.

Comment by Addison Thursday, Aug 19, 10 @ 12:28 pm
I am surprised Birkett doesn’t just torture the kids until Rod and Patty confess. Talk about out of control prosecutors!

Comment by shake and bake Thursday, Aug 19, 10 @ 12:38 pm
I really dislike Birkette. He doesn’t speak for anyone, but himself.

If Patti was a ghost employee, that is a totally different story. No one is above prosecution, but I don’t want another cent spent on the case, as it stands.

Comment by PPHS Thursday, Aug 19, 10 @ 12:39 pm
Come on Birkett ain’t dat bad.

I’m sure he would be happy to set up a Montessori school in whatever prison he sends the Blago daughters to. I mean if dat’s what it takes dat’s what it takes, right?

Comment by IrishPirate Thursday, Aug 19, 10 @ 12:40 pm
Much as I would like to see Patti gone after, she wasn’t a State official. She didn’t have the power to appoint people or withhold funding. She may have been able to influence it, but pillow talk isn’t a crime yet. If she took money without doing work, that is a matter between her, her employer and maybe the IRS. The only way going after Patti makes sense is if you can prove she was the money channel, and while that appears to be the case at least some of the time, it may be hard to prove she was anything but a simple con artist ripping off her boss.

Comment by Retired Non-Union Guy Thursday, Aug 19, 10 @ 12:49 pm
I’m sorry, but she’s as much as a conspirator as her husband. When the money flows through her accounts she’s a participant.

Comment by Nail Her Thursday, Aug 19, 10 @ 1:01 pm
Rob did come across as a warm and wonderful guy on direct, didn’t he. I thought he was caught out several times on cross, however. Not brought out in cross that I know of, but told to me by my spouse (retired military), a conviction would result in Rob’s loss of his military pension. That might be considered a motive to get on the stand and lie about what he knew and when he knew it.

Comment by Liz Thursday, Aug 19, 10 @ 1:10 pm
Blago and Patty have played so many games trying to sway the jury from TV show apperances to draging the kids into court that I do believe charging Patty is reasonable

Comment by fed up Thursday, Aug 19, 10 @ 1:10 pm
I just saw today that pilgrim Baptist church is suing the state to try and get the 1 million dollars that blago promised them when the church burned down. The same million dollars that was mistakenly given to a convicted felon that Blago pardoned. The same million dollars that no one knows where it went. funny how a million just disappears and no one cares or bothers to ask questions

Comment by fed up Thursday, Aug 19, 10 @ 1:16 pm
(snark)
Birkett to go after the Blago kids in a quid-pro-quo that included a trade for access to their father the governor via Hannah Montana tickets.

“If the girls were involved in the ‘pay to play’ politics of thier father to see Hannah Montana, then prosecutors need to make an example of the young girls.”

The fact I am even thinking like this about Blago reminds me how lucky we all are we dodged a train with Birkett.

Comment by Oswego Willy Thursday, Aug 19, 10 @ 1:22 pm
Rod for Mayor in 2011!

Upon a successful appeal of (1) conviction, Rod will be will be prepared to run for Mayor in 2011 (or 2015).

The Kangaroo Legislative Action that took place in Springfield will ultimately be ruled unconstitutional by Federal Courts.

Comment by Stormin Normin Thursday, Aug 19, 10 @ 1:27 pm
To bring this all in perspective, Roger Clemens was just indicted on Count 24.

Comment by Cincinnatus Thursday, Aug 19, 10 @ 1:32 pm
Liz,

a conviction would not have cost Rob Blago his military pension. There are people out there now in various prison systems drawing military pensions. It’s been a bit of a controversy.

The only thing that would cost someone a military pension is if they were recalled to active duty and court martialed and the court sentenced them to either a dishonorable discharge or a “dismissal” for officers.

I don’t see the military court martialing Rob B.

Comment by IrishPirate Thursday, Aug 19, 10 @ 1:39 pm
Why shouldn’t the prosecution ask for an indictment on Patty. She is a prime example of Pay to Play. Rezcko paid her $100,000+++ for no-show work so he could continue to ask for Rod’s support to bilk the state out of millions. Patty should be an easy conviction and they should go after her. If/when convicted, the prosecution or judge can give a light sentence, a big fine and then suspend the sentence, if they want to show mercy. And they should show mercy. If she wasn’t married to this corrupt slob she wouldn’t be in this situation.

Comment by Observing Thursday, Aug 19, 10 @ 1:46 pm
Bringing Patty into the case would mean that the Government would have to prove a quid pro quo existed. Is Rezko willing to testify that the only reason he hired Patty was to funnel money to Rod in exchange for favors?

Comment by Cincinnatus Thursday, Aug 19, 10 @ 2:06 pm
Interesting how the concept that as a real estate broker, Patti “did nothing” to earn whatever Rezko paid her, has become a confirmed fact in the media and blogosphere. Has she been tried on that charge? A lot of brokers take listings and then do practically nothing else to earn a commission. It’s not a piecework or timeclock-punching sort of job.

Comment by Lazyboy Thursday, Aug 19, 10 @ 2:18 pm
===To bring this all in perspective, Roger Clemens was just indicted on Count 24.

I think it’s actually a slightly different charge in lying to Congress, but close.

I think Patti introduces more complexity than anyone wants. I tend to think Robert is probably guilty, but perhaps not on all five charges certainly. I think reducing them and allowing him to be tried separately might be a good strategic move.

Comment by ArchPundit Thursday, Aug 19, 10 @ 2:23 pm
ArchPundit,

“… lying to Congress…”

How could the Congressweasels tell?

Comment by Cincinnatus Thursday, Aug 19, 10 @ 2:26 pm
Justice 12:18 makes a good point. Blagojevich maliciously disrupted and confounded the lives and families of many state workers including myself. When we went to appeal our dismissals, we had no huge campaign fund from which to draw legal expenses. I guess I’m not a good enough Christian to forgive. I fall back on the Old Testament, “an eye for an eye”. Perhaps Blago is now feeling what we felt when he put us thru hell.

Comment by One of the 35 Thursday, Aug 19, 10 @ 2:26 pm
That old law an eye for an eye leaves everybody blind. Dr. Martin Luther King Jr.

Comment by anon Thursday, Aug 19, 10 @ 2:55 pm
One thing that seems to get lost in all this frenzy is the issue of Double Jeopardy. How can Blago be tried twice without his Constitutional rights being violated? Can Fitz just try, try again until the jurors “get it right”?

Comment by If at first you don't succeed... Thursday, Aug 19, 10 @ 3:00 pm
Isn’t this retrial stuff Double Jeopardy?

Comment by Norman Thursday, Aug 19, 10 @ 3:01 pm
Like the Editor of the Wall Street Journal, I’m calling on Patrick Fritseradl to resign!

Comment by shake and bake Thursday, Aug 19, 10 @ 4:06 pm
No, dropping the charges against Rob would not require that the same charges be dropped against Rod. Though if they “fine-tune” it for the next round perhaps those would go. And “Observing”, you seem unaware that judges don’t have total discretion on sentencing. There are “guidelines” that spell out pretty specifically what the appropriate sentence will be. As for “suspending” the sentence, I don’t know whether that is allowed in federal court. In Illinois there is no such thing as a “suspended sentence” for a state felony.

Comment by girllawyer Thursday, Aug 19, 10 @ 4:18 pm
Go after Patti and follow the money! Good advice Sam!

Comment by Metra Thursday, Aug 19, 10 @ 4:49 pm
I wonder why the super-prosecutor, Pat Fitzgerald, doesn’t try this case himself? Wouldn’t you want to lead the biggest thing in your office.

And Birkett - sit down and go away.

Comment by DuPage Moderate Thursday, Aug 19, 10 @ 4:50 pm
Go after every one of them and bring all of the thieves to justice. Patti was involved and reaped the benefits of the operation so she should be treated the same as the rest.

Comment by always anonymous Thursday, Aug 19, 10 @ 5:48 pm
anybody watch The Daily Show last night? he called the
prospect of a retrial “Law and Order: Time Wasters” and
named and put pix up of Rod and Fitzgerald, …..and called
the prosecutor a bonehead.

Stewart hates Rod and yet he produces a piece of video
so damning that if I were the defense I would see to it
that lots of people email around the links. now if I could
just find the link……

Comment by Amalia Thursday, Aug 19, 10 @ 7:20 pm
A bad sleazy lawyer like Birkett would rely on tactics like that. Not surprised. He would even have no problem seeing an innocent person stay on death row if he thought it would help him politically. Oh that’s right, already happened.

Comment by just sayin' Thursday, Aug 19, 10 @ 7:44 pm
Can’t help but think that when you look back at the record of angry self rightious crowds seeking revenge, history has been kinder to the
witches, communists, and alleged adulterers than it has to the crowds egging the hangman on.

Comment by 'nuffs-a-nuff Thursday, Aug 19, 10 @ 8:58 pm
Some observations:

The feds clearly screwed up in charging Robert Blago. It’s a case they will never win.

Patti Blago was much more involved that Robert. Leaving her off and going after Robert is amateur.

The prosecution and the judge screwed up in not kicking off a juror who had no business being on this jury.

The feds did a decent job going after Rod but you can’t change someone mind who already was very sympathetic toward the Blago’s.

They should learn from their mistakes.

Comment by Phineas J. Whoopee Thursday, Aug 19, 10 @ 10:32 pm
Amalia — Here is the Daily Show vid. Hopefully this site accepts html–oherwsie you can cut and paste the link.

Comment by Lazyboy Thursday, Aug 19, 10 @ 10:34 pm
The more the namecallers and nasty anonymous commenters go after Joe, the more I like him.

Where has Lisa Madigan been? Can’t she find ANY corruption to prosecute. She and her dad helped cause this Balgo-Quinn nightmare and she could have stopped it.

Comment by The only sane person here Thursday, Aug 19, 10 @ 11:08 pm
Lazyboy, thanks. it’s a very funny piece!

Comment by Amalia Thursday, Aug 19, 10 @ 11:32 pm
The kids should not be a consideration in whether or not to go after both parents. There are kids from military families that are living with relatives because both parents are serving in Iraq or Afghanistan. We consider their parents to be the good guys and require that they make child care arrangements.

No special consideration should be given to the Blagojevich children. It certainly wouldn’t be a factor if they were the children of parents who were up on meth making charges. There shouldn’t be special treatment because this crime is considered white collar.

Comment by Aldyth Friday, Aug 20, 10 @ 7:32 am
Fitzgerald should (perhaps) have been more “hands on” with this case. It now appears that his prosecutoral team needs to present the case “in crayon” for some of the jurors. Not everybody sitting on a jury is a Harvard law school grad or a Rhodes Scholar. Fitzgerald knows this but his teammates obviously forgot. The possibility exists too that Rod made an offer to her that this lady juror couldn’t refuse? At least we know that Blago couldn’t offer her (or her husband) a senate seat. Or, did he? Just kidding. This lady who seems to have been the lone hold-out on the jury should never have been selected to be part of the jury pool. Somehow they let her slip in on it like an Asian carp slipping into Lake Michigan. She had “too much personal baggage” that would very likely cloud her ability to be “fair and impartial” when serving as a juror on this federal trial. That was a key mistake of the prosecution.

If Patty did anything illegal (regardless of her kids or her potty mouth), they should go after her and nail her. There are lots of women in prison who have kids. Saying that Patty gets “a free pass” from the prosecution just because she has kids is wrong. She isn’t special. She should be treated just like any other woman that has committed a crime.

Comment by Cool Hand Luke Friday, Aug 20, 10 @ 7:42 am