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Did the note mean anything?

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Illinois
Blagojevich Trial

* So, what can we learn from this report?…

They noticed that not all of them had the same number of pages for one of the phone calls in their transcript binders.

Some jurors noticed that there were nine pages for the phone call but others noticed there were five pages. The jurors all agreed they would not go further with that phone call until they got an answer.

Turns out that they were supposed to only have five pages for that phone call. Court security will go in and remove the pages for those who had the fuller transcript.

It was a good hint of what jurors are up to, however. The phone call in dispute was a Nov. 14, 2008 between the former governor and his brother, Robert. In it, they discuss Dick Durbin as well as fund-raiser Raghu Nayak.

* Maybe three things. First, prosecutors advised jurors to study the transcripts in chronological order. If that’s what they’re doing, then they have a long way to go before the last recordings on December 8th.

* Secondly, WLS had an interesting take on the jury as a whole…

Jury consultant and attorney, Mary Griffitts, founder of Trial Consulting Enterprises in Dallas, Texas tells WLS Radio’s Monica DeSantis, “women especially will take the time to make sure that everyone has a voice and everyone has been heard.”

Griffitts says the length of deliberations will take longer as “women are geared that way to listen to each other to talk about issues.”

The jury of 11 women and one male also has the added pressure of being the second trial jury and thus will do all they have to so a hung jury doesn’t occur again.

* And here’s the transcript of what may be the relevant aspect of that particular day’s conversation between Blagojevich and his brother Robert…

ROBERT BLAGOJEVICH: Ah, here just, by, information. I got two faxes that, from Ragu Nayak from various Indian organizations, and I can give you the names if you care, but I guess I assume they’re high-powered Indian organizations that are advocating that you choose Jesse Jr. as the next senator.

BLAGOJEVICH: Yeah don’t worry about it.

ROBERT BLAGOJEVICH: Okay, so I’ll, I’m just, by, by this discussion I’ve passed that information onto you.

BLAGOJEVICH: No. You know what, it’s better if you don’t pass it onto me. Just say no, I didn’t get a chance to send it to him.

ROBERT BLAGOJEVICH: Mm’kay.

BLAGOJEVICH: Yeah, no need to say you gave that to me.

(PAUSE)

ROBERT BLAGOJEVICH: Okay.

BLAGOJEVICH: You don’t…

ROBERT BLAGOJEVICH: Okay.

BLAGOJEVICH: …let him wonder if I saw it or not. Why should I like, a-, assume that I did and now I’m, you know rejecting them. You know what I’m saying?

ROBERT BLAGOJEVICH I hear ya. I hear ya.

(PAUSE)

BLAGOJEVICH: When’s the Indian fundraiser? When is that?

ROBERT BLAGOJEVICH: It’s, ah, I think it’s December 6th.

BLAGOJEVICH: Yeah. Okay.

ROBERT BLAGOJEVICH: Which is wh-,…

BLAGOJEVICH: I’m not gonna, you know, here again, that’s another tactical reason for waiting on this decision.

ROBERT BLAGOJEVICH: And let me give you one other and that is the Hispanic event’s the 5th.

BLAGOJEVICH: Correct.

ROBERT BLAGOJEVICH: And Gutierrez, I mean, I talked to Juan Ochoa last night. Evidently everybody’s working real hard on this thing, obviously to support you, but also to support Gutierrez. Now I don’t know if it’s to be chosen as senator but they just, it was just supporting Louie and you. Although it’s all, you know it’s all your money.

(PAUSE)

ROBERT BLAGOJEVICH: So I, I totally agree with you tactically. I think you’re right on.

(PAUSE)

BLAGOJEVICH: Yeah.

(PAUSE)

ROBERT BLAGOJEVICH: That is to drag it out. Not drag it out, but be deliberate.

BLAGOJEVICH: To be deliberate.

ROBERT BLAGOJEVICH: Yeah.

(PAUSE)

* * * * *

* Roundup…

* Blagojevich’s brother anxiously awaits verdict

* Sam Adam Jr.: Jury will either acquit Blago or hang again

* Defense attorneys describe the feeling of defendants, like Blagojevich, sweating out a verdict

* Editorial: Will governors ever learn?

posted by Rich Miller
Wednesday, Jun 15, 11 @ 10:47 am

Comments

While Blago is unquesionably a blabbermouth much of the time, he apparently can be quite focused and “deliberate” when he sees a $.

Comment by GMatts Wednesday, Jun 15, 11 @ 10:55 am
“women are geared that way to listen to each other to talk about issues.”

Interesting comment, I’m not too sure it’s true. My last jury duty, we were divided evenly gender wise. It was us women moving things along, the men required more talk to reach understanding. So far, I believe this jury is moving faster than the last. At least, they’re deep into the evidence at this point.

Comment by Wensicia Wednesday, Jun 15, 11 @ 10:58 am
The real question isn’t what’s on the five pages they should have, but the four they should not…

Comment by Cincinnatus Wednesday, Jun 15, 11 @ 11:09 am
the last 2 days have been the first 2 days of blago free news on chicago tonight. the subjects discussed were education reform, and the the status of the university of Illinois-of much more consequence to the future of the state than what scheme the ex-governor was cooking up to get himself a new job. Let’s hope this is the end and we can focus on real issues rather than this fool full time going forward.

Comment by Shore Wednesday, Jun 15, 11 @ 11:11 am
Question to our lawyerly types:

Does it matter what the content of the added pages were? Does their very presence cause a mistrial, especially if they contained information favorable to the defense?

Comment by Cincinnatus Wednesday, Jun 15, 11 @ 11:15 am
Cincinnatus, the judge said the additional pages were inconsequential.

Comment by Rich Miller Wednesday, Jun 15, 11 @ 11:19 am
==especially if they contained information favorable to the defense? ==

The more you know about Blago the more you want to see him in the can. But the defense already moved for a mistrial on the grounds that the judge likes the prosecutors better. So you could have something.

Comment by Excessively Rabid Wednesday, Jun 15, 11 @ 11:19 am
Not to doubt that Ms. Griffits knows her business, but her judgments regarding gender seem rather broad.

On the only jury I’ve ever been on, it was a middle-aged male who wanted to talk to death an open-and-shut case. We called him the Lonely Guy, figured he didn’t want to go home for some reason.

Comment by wordslinger Wednesday, Jun 15, 11 @ 11:20 am
===On the only jury I’ve ever been on, it was a middle-aged male who wanted to talk to death an open-and-shut case. We called him the Lonely Guy, figured he didn’t want to go home for some reason.

LOL–I had the dumb guy on a jury I was on. He just couldn’t grasp why the police watched a guy break a window and then waited for the guy to go into the house before making the arrest. This wasn’t rocket science since the officer testified to exactly why he did so.

But generalizations are just that–generalizations. There are exceptions, but I think the jury consultant knows what he’s talking about. I tend to talk fast and talk over people when I have an idea. In academic settings this is normal and I’m far from the worst offender. I was castigated for it in the jury room by a couple women who were right. They wanted everyone to feel free to talk and not be interrupted.

Comment by ArchPundit Wednesday, Jun 15, 11 @ 11:32 am
It is so sad that we elected this guy twice and gave him the power to talk like this.

Anyway, I think if the jury reaches a verdict this week Blago is in big trouble but if they go into next week they are hanging.

Comment by Phineas J. Whoopee Wednesday, Jun 15, 11 @ 11:35 am
I think it’s pointless to read anything from the tea leaves and folly to speculate about the deliberations. But we need something to pass the time I suppose and it’s only natural that those of us closely following this trial (as well as the entire saga since 2002) to wonder about which way the jury might go.

But like Shore, I can’t wait for this whole sorry affair to be in the rear view mirror. There is much more important stuff to focus on.

Comment by 47th Ward Wednesday, Jun 15, 11 @ 11:44 am
PJW,

I guess with Rod, you get what you pay for…

Comment by Cincinnatus Wednesday, Jun 15, 11 @ 11:46 am
“But the defense already moved for a mistrial on the grounds that the judge likes the prosecutors better.”

Well DUH…it is federal court, that part is given.

Comment by Anonymous Wednesday, Jun 15, 11 @ 11:51 am
@Rich -

Thanks for publishing the transcript.

If that wasn’t two guys conspiring to run up the bidding between Team Jackson and Team Gutierrez for a Senate seat, I don’t know what is.

Comment by Yellow Dog Democrat Wednesday, Jun 15, 11 @ 12:40 pm
YDD - how dare you. Clearly our twice elected governor was talking about doing the right things for the citizens of Illinois. I don’t know how you interpret that conversation any other way.

Comment by siriusly Wednesday, Jun 15, 11 @ 3:17 pm
@siriusly -

Right. He just wanted to deliberate until after the money was in.

Then he could weigh his decision properly.

Comment by Yellow Dog Democrat Wednesday, Jun 15, 11 @ 5:06 pm