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August 18, 2010

Blagojevich attorney says he'll ask for President Obama to testify in retrial

Posted: 04:53 PM ET

 

Chicago, IL -  Aaron Goldstein, Rod Blagojevich's Attorney, has just confirmed to In Session that assuming the government retries his client, the defense will renew their motion for President Obama to be a witness in the United States of America v. Rod and Robert Blagojevich.  The defense will also renew their motion for mistrial as well as their motion to dismiss.

In Session has also confirmed that no plea deal is in the works at this point.

Goldstein says to expect the renewal of those motions in court next week, in addition to the possible scheduling of a retrial.  U.S. District Judge James Zagel could sentence Blagojevich before any retrial takes place. The defense could then proceed with its appeal, but the government could then proceed with a retrial on the other counts.

Another option would be for the judge to hold off on sentencing for now while the retrial goes forward. Blagojevich would then be sentenced at the same time for any and all counts he was convicted on.

Goldstein says the defense would hope the government would undertake a cost/benefit analysis when deciding whether to retry the case. He told In Session correspondent Jean Casarez, that several hundred letters were sent out to potential jurors back in March 2010. Finally a panel of 100-200 came to court for the voir dire jury selection process; the three to four day jury selection led to a two month trial.

Goldstein, who was in the courtroom with Blagojevich yesterday, told In Session that when it was announced there was a verdict, the jury said they were hung on 23 of the 24 counts. Judge Zagel made them exit and then declared a mistrial, but also recommended the next court date be September 6, 2010.

The government then announced, Goldstein said, they absolutely will retry the case and would retry “tomorrow” if possible. At that point the judge set the next court date for August 26th.  

Rod Blagojevich faced a total of 24 counts in U.S. District Court in the Northeastern District of Illinois. His brother Robert was charged with four counts in the indictment. The jury only found the former governor of Illinois guilty of count 24, making a false statement. Judge Zagel declared a mistrial on all the other counts.

-Jean Casarez, In Session Correspondent

Filed under: Breaking News • Case Updates


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marvene   August 18th, 2010 5:29 pm ET

I don't think obama has enough time to be a witness in Blago retrail obama has enough on his plate with the ecomony the way it is. Also the windy cityhas more problems that the government needs to deal with.


Diane   August 18th, 2010 6:30 pm ET

I think this guy is pond scum, but I agree with a few out there that a re-trial will be very costly for the tax payers. If this jury found him guilty of only one count, and the next jury finds him guilty of only one count, then be done with it.


Gameco   August 19th, 2010 10:34 am ET

For goodness sakes – quit wasting everyone's time and especially the tax payer’s money. Give the guy the slap on the wrist he's going to get anyway even if they retry him and get on with it. Hopefully he'll fade away into obscurity.


cartec   August 19th, 2010 11:01 am ET

This man is a fool and an embarrassment to the residents of Illinois. I wish that I could have been privy to the deliberations in the jury room. I don't understand how they could not have found him guilty on all counts. The fact that they are considering a retrial and calling President Obama to the stand is ludicrous. What could Mr. Obama possibly say to assist in exonerating this fool? It would be a waste of time and money.


Bulloch   August 19th, 2010 12:42 pm ET

This sounds to me like an attempt to pressure the DA into dropping the re-trial. Everyone knows that Obama will never appear at this trial, but all these grand gestures are just attempts to scare off the hounds.
PS, when will they bring this guy up on charges for that awful haircut?


sandra   August 20th, 2010 6:56 pm ET

OKay Rod= conviction of lying to Federal agents during an investigation. The conviction was from a 2005 investigation. This is what I am worried about. Rod lied easliy to Federal agents. What and Who else has he lied about? and for how long? If he lied what makes anyone think that he would not have done anythingelse to...

after thinking about it why did he not defend himself in his case? Was it that the federal may have had a case? Could they not find anyone that could help his case.

Sandra


melissa   August 22nd, 2010 10:42 pm ET

As a resident of IL I would like to see Blago retired. I'm pretty confident he will be found guilty as charged on all accounts. The vote was 11-1 for guilty.
As for his lawyers crying about the cost/benefit analysis we do not let criminals go free just because it's costly to prosecute. The citizens of IL deserve justice. What kind of message do we send when we say oh, it too costly to hold a trial so let him go? No wonder we have the most crooked politicians in the USA.
Obama will never testify. Blago's lawyers are as delusional as he is.


Marcia H. Ribera   August 25th, 2010 6:01 pm ET

I like Blago, and hope he isn't used as an example for doing something that's been done a thousand times before. Politicians can't be embarrassed, no matter what they are found guilty of. I can still see Richard Nixon's face. And, did Newt Gingrich care that his wife had cancer while he was cheating? Or, John ? PLEASE.


b0bc4t   August 26th, 2010 3:04 pm ET

I am glad to see Rod Blagojevich sticking to his delusions. 100% for or against is a difficult standard to reach in any decision, given twelve people's diverse opinions. He skated by the skin of his teeth, and still manages unbelievable bravado in his declaration of innocence. His willingness to bring on the "facts" might be his undoing. If he is so secure in his innocence, step up to the witness stand, and let the case truly be heard, don't sidestep cross examination. Let the public hear your twisted truth, so they can truly see the extent of your delusion and deception, disguised as "political horsetrading", and decide whether you served the state or yourself in your dealings.


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