By Bill McMorris Illinois Statehouse News
CHICAGO– The judge in the corruption trial of former Illinois Gov. Rod Blagojevich has generally stayed mum about the direction of the trial, but he had one prediction on Wednesday morning.
"I'm not anticipating (a quick verdict)," Federal Judge James 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."
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. 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."
