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posted: 7/26/2011 1:19 PM

Blago: Testified on mistaken assumption

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Associated Press

Impeached Illinois Gov. Rod Blagojevich claims he never would have testified at his recent corruption trial had he known the judge would stop him from making certain statements.

Blagojevich made the assertion in an affidavit tagged at the end of a 158-page motion for a new trial filed this week.

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He testified for seven days at his retrial. Jurors later convicted him on 17 corruption counts.

Blagojevich says in the signed affidavit that he only took the stand because his attorneys assured him he'd be able to tell jurors he sincerely believed his actions had been legal.

He adds he wouldn't have waived his constitutional right to not testify had he known Judge James Zagel would sustain prosecutors' objections whenever he started talking about the perceived legality of his actions.

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