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CHICAGO – Former Illinois Gov. Rod Blagojevich is hoping the 12 men and women on the jury and the Almighty can deliver him from the 415 years in prison he faces in his federal corruption trial.
“Patti and I have great confidence (in the jury) and faith in their judgment, common sense and decency,” he said. “Ultimately, in the final analysis, Patti and I always have a deep and abiding faith in God…it’s in God’s hands.”
Blagojevich may have to maintain some patience in his wait. Federal Judge James Zagel, who has generally stayed mum about the direction of the trial, said he was certain of only one thing Wednesday morning.
“I’m not anticipating (a quick verdict),” Zagel said before calling the jury into the courtroom for the final time.
The jury has endured a lengthy trial, despite Blagojevich’s decision not to take the stand and his attorneys’ refusal to call any witnesses. Jury instruction, itself a standard courtroom procedure, took more than an hour, as Zagel read from the 136-page document prepared jointly by prosecutors and defense attorneys.
Jury members were attentive throughout the instruction period. Blagojevich appeared to be just as rapt by the judge’s monotone voice, leaning over to his defense team to discuss certain guidelines. The same could not be said of his wife Patti, who could be seen knitting at times. The couple’s daughters were noticeably absent for the first time this week. His brother and alleged co-conspirator, Robert, looked alert but relaxed during the instruction, leaning back in his chair as he followed along.
The divergent mannerisms of the Blagojevich brothers during Wednesday morning’s hearings could stem from the disparate indictments. The former governor faces 20 more counts of corruption than his brother and could be sentenced to as many as 415 years in prison if convicted.
The lengthy indictment is also partly responsible for Zagel’s reservation about an imminent decision. Zagel will soon eliminate five alternate jurors from the final pool of 17 jurors. He indicated Wednesday morning those cuts will be done on a numerical basis–juror identities have been kept private from the public. The five jurors numbered above 148 will be named as alternates, though the court can call these jurors back, in the event of an emergency.
Zagel has made juror anonymity a top priority in the trial, denying multiple media requests for the identities. He has said the high profile nature of the trial has drawn out passionate individuals on both sides of the case who could try to contact the jurors. The judge returned to this theme on Wednesday morning.
“Don’t let fears of public opinion influence you,” he said. “This is your job and yours alone.”
Defense Attorney Sam Adam Jr. has tried his best to turn the tide of public opinion for his “favorite client.”
“I love Rod Blagojevich…I love that man,” Adam said outside the courtroom.” My daughter was born 1 pound six ounces and All Kids was the reason she was allowed to live…my wife and I now have a beautiful 35 pound baby.”
Chari Adam, the attorney’s wife, said the couple’s daughter Sydney was born three months premature in November 2006. She claims All Kids helped to cover the cost of the treatment when the tiny “miracle baby’ spent nearly a year in-and-out of the hospital. All Kids was part of Blagojevich’s children’s health-care initiative while in office.
“That was always the inside joke when we first heard Rod needed a lawyer,” she said with a smile.
Blagojevich said stories like that of his attorney have kept him going throughout the year and a half ordeal.
“To know that real good things happened to a lot of people and that has sustained me during this very difficult period,” he said.
The judge said such stories should not influence the jury. The extensive list of instructions, along with miles of tape and weeks of testimony, will serve as the jurors’ sole factors in reaching their verdict. Following are some of the guidelines for the 24 charges the ex-governor and his brother face. The asterisk (*) signifies a count that Robert Blagojevich also faces.
WIRE FRAUD, Counts 3 through 13, 4*
-One of the straightforward charges against the brothers Blagojevich. The prosecution must prove that the conspirators used telephone lines to further a criminal act. All the jury needs to figure out is if Blagojevich ever committed a crime (it’s safe to say he used a phone).
EXTORTION/CONSPIRACY 17, 21*, ATTEMPTED 14, 15, 19, 22*
-A guilty verdict requires evidence that Blagojevich used fear of loss (monetary, etc.) to influence an action. The judge said Blagojevich did not need to intend to cause fear to be found guilty.
BRIBERY/CONSPIRACY 16, 20, ATTEMPTED 18, 23*
-A guilty verdict requires evidence that Blagojevich used his office to benefit an individual who he had asked directly or indirectly for a contribution. The prosecution must prove that he was knowingly influenced by the possibility of a contribution
RACKETEERING/CONSPIRACY, 1, 2
–All-encompassing charge. If the jury finds Blagojevich guilty of two or more of the other offenses, he will be guilty of racketeering and conspiracy to commit.
FALSE STATEMENTS, 24
–The jury must determine that Blagojevich knowingly lied to FBI agents when he told them there was a firewall between fund-raising and governance.
The jury will have six copies of the instructions on hand when they convene, along with six copies of the indictment, but “only one verdict,” Zagel said as he brought the trial to a close.
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