Blow Hard: Blago, Round 2 Begins
By Chuck Sudo in News on Apr 20, 2011 3:10PM
Jury selection begins in the retrial of former Gov. Rod Balgojevich on corruption charges today. The adage plus ca change, plus c'est la meme chose may very well describe Round 2. Let's take a look at what's changed and what hasn't, shall we?
The Legal Team
One of Blagojevich's advantages in the first trial was his ability to use his campaign funds to pay for a stellar legal team to defend him, led by Sam Adam, Jr., the type of flamboyant lawyer often found in a David E. Kelley legal dramedy. Adam was adept at using camera time and the power of persuasion to get the jury to deadlock on 23 of the original 24 counts Blagojevich was charged with. James Matsumoto, the jury foreman in the first trial, said Adam turned the defense into a "circus." This time around the federal government is footing the bill, which means Blagojevich's legal team will be led by Sheldon Sorosky. Most of the rhetoric from Blago's lawyers will be relegated to the courtroom this time. That doesn't mean Sorosky hasn't tried to muddy the waters in the weeks leading up to today. The Blagojevich camp has filed motion after motion asking that alll the tapes the feds have of him be played; that certain ones not be played; that the retrial be canceled and Blagojevich sentenced for the one count he was convicted of in the first trial; that they need more time to review evidence from the prosecution. It's why we've dubbed the defense strategy "throwing stuff against a wall and seeing what sticks." Sorosky may not have the preacher's swagger of a Sam Adam, Jr., but that doesn't mean he can't filibuster in his own way.
A Narrower Range of Charges. But That's Not Saying Much
The major criticism from jurors and legal experts against the prosecution last time was that the case against Blagojevich was confusing, to say the least. The jury was asked to make connections between the evidence provided and the charges levied against Blagojevich and his brother Robert through a maze-like series of connections that had them repeatedly turning to Judge James Zagel for advice and clarification. For the retrial, the prosecution dropped two charges to make it easier to make their case and, they hope, easier for jurors to connect the dots, since they'll be using the same evidence.
One Blagojevich
Prosecutors decided not to retry Robert Blagojevich this time, due to the narrower range of charges against him. Robert Blagojevich also said his legal team's decision to place him on the stand the first go-round helped him win acquittal, and that his brother can be his own best defense if he decides to take the stand.
The Circus Hasn't Completely Left Town
Blagojevich's legal team opted not to put him on the stand in the first trial, after loud proclamations from Adam that he would defend himself. With Adam out of the picture, Blagojevich may have to take the stand this time. He's already copied Adam and made a round of media appearances that drew a stern warning from Zagel and cries of jury tainting from the prosecution. Blagojevich's best asset this time may be his ability to politic, and if he can balance the fine line between defending himself and playing to the jury through sound bites, he could possibly hang this jury again.
The Tapes
The Blagojevich defense team's motions, and Blago's media blitz, have centered on placing the onus of playing the tapes (where he's accused of trying to sell President Obama's former Senate Seat to the highest bidder) on the prosecution. Zagel has made it clear to both sides that the final decision as to what tapes can be played at the retrial is up to him. Legal experts have also intimated that Zagel may make that clear to the jury, as well.
That doesn't mean Blagojevich is SOL in regards to the tapes. What he hasn't said during his media blitz is that he has the ability to determine just what tapes Zagel will allow to be played, but only if he takes the stand in his defense. Robert Blagojevich believes there's enough on those tapes for his brother to be acquitted.