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Blagojevich jury has a question

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Illinois
Blagojevich Trial

* 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.

posted by Rich Miller
Thursday, Jun 16, 11 @ 1:19 pm

Comments

It’s too bad this law didn’t extend to local government.

Comment by Just Observing Thursday, Jun 16, 11 @ 1:28 pm
Just Observing,

And the Feds. For the past 2 years, every time I am tied up in traffic on Butterfield Road without a worker in sight, I look at those ARRA signs and seethe.

Comment by Cincinnatus Thursday, Jun 16, 11 @ 1:31 pm
Is the “materially false and fraudulent pretense, representation, promise, or concealment” the idea that the people of Illinois were led to believe that the appointment would be a merit selection rather than secret quid pro quo for a bribe?

Comment by Downstate weed chewing hick Thursday, Jun 16, 11 @ 1:43 pm
they should have extended that to chicago and made it start when mr.daley left office. no need to waste money on rahm emanuel signs.

Comment by shore Thursday, Jun 16, 11 @ 2:13 pm
Shore… I could be wrong, but I think Rahm put out a directive not to change signage with his name. I think the only ones that were changed out were the ones near O’Hare welcoming people to Chicago.

Comment by Just Observing Thursday, Jun 16, 11 @ 2:15 pm
Doesn’t matter if the law included local politicians. Emanuel’s signs are already bought and paid for.

Comment by Wensicia Thursday, Jun 16, 11 @ 2:21 pm
Signing that bill might have been Quinn’s biggest accomplishment all year.

Next they need to prohibit all public facilities from being named after any public official at any level.

Such as:
The Emil Jones Center at Chicago State, Home of the NCAA-probation-bound Cougars

Todd Stroger Hospital

Sidney Mathias Train Station

Dear Elected officials - those things may have been built because of your efforts (some would say doing your job) - but not with your money. Keep your names off of public buildings please! Thank you

Comment by siriusly Thursday, Jun 16, 11 @ 2:56 pm
Sorry - I mean John Stroger Hospital, not Todd - typo my bad. But John was still alive and still the CC Board President when the name was affixed to it.

Comment by siriusly Thursday, Jun 16, 11 @ 2:57 pm
That taxpayer funded self promotion signage has always frustrated me as a blatant abuse of power and tax funds. Good for Quinn.

Comment by Logic not emotion Thursday, Jun 16, 11 @ 3:15 pm
What’s fraudulent is the whole notion of “honest services” that allows the feds to make up any crime they want. It sure would be nice if they would prosecute for the actual crimes committed.

Comment by D.P. Gumby Thursday, Jun 16, 11 @ 3:26 pm
Ive been wondering about Jesse White’s likeness being used on what most states would call the DMV. The first time I walked into one of these building I was shocked at how much self-promotion was going on inside the office. Hopefully once he retires, the offices will lose all of the branding with that contains the office holders name

Comment by matty Thursday, Jun 16, 11 @ 3:27 pm
I agree, should be passed down to local offices too.

Comment by psmyth95 Thursday, Jun 16, 11 @ 3:38 pm
–Gov. Pat Quinn today signed a bill into law preventing state officials from putting their name or likeness on taxpayer funded signs.–

Toni Preckwinkle might want to take note. I spent half the day slugging it out like Grant at Cold Harbor with construction on Lake Cook Road in Deerfield. Nothing to do but sit, stew, and read those “Cook County Highway Department Project, Toni Preckwinkle, president” signs.

Shore, too late on the Emanuel signs. They started going up the morning of his swearing-in.

Comment by wordslinger Thursday, Jun 16, 11 @ 6:37 pm
Sounds like the Jury is being thorough.

It’s about time politicians left their names off “our” signs. Good for Quinn on this one. Now if he can only tackle the budget problem.

Comment by Justice Friday, Jun 17, 11 @ 6:58 am
When is Rod Blagojevich going to reimburse the State of Illinois / Illinois Tollway for the $500,000 signage plaster all over the Illinois Tollway?
God knows how much additional signage was statewide.
All Rod was about was self-promotion not governing anything!

Comment by Loving It Friday, Jun 17, 11 @ 8:43 am