Media ask judge to unseal Blagojevich document
Three news media organizations asked the federal judge presiding over former Gov. Rod Blagojevich's corruption case on Thursday to unseal a key document that outlines the evidence and indicates how federal prosecutors plan to present it at the trial.
The Chicago Sun-Times, the Chicago Tribune and The Associated Press told Judge James B. Zagel in their six-page motion that the public has an intense interest in the facts of the case and should be able to see the document, which is known as a Santiago proffer.
"No one should question the public's interest in receiving information about a case alleging public corruption at the highest levels of state government, including the alleged 'sale' of a United States Senate seat by sitting governor," they said.
Blagojevich is charged with scheming to trade or sell President Barack Obama's former U.S. Senate seat and using his powers as governor to pressure campaign contributors illegally for money. He has denied any wrongdoing.
Prosecutors often use a Santiago proffer in corruption cases to persuade the trial judge to allow them to introduce third-party testimony from alleged co-conspirators.
Such documents are watched closely by the news media because they preview the evidence and sometimes include a glimpse of the government's strategy as well as significant facts that have previously gone undisclosed.
Prosecutors filed the proffer under seal last week, saying they were acting "out of an abundance of caution" lest the disclosure of such facts bias a Blagojevich jury. But they said it would be up to the judge to decide if keeping the document under seal was necessary.
Blagojevich attorneys Samuel E. Adam and Sheldon Sorosky did not immediately return messages left at their offices.
The former governor's brother, Robert Blagojevich, is accused of helping him as head of his campaign committee. He has also pleaded not guilty. Robert Blagojevich's attorney, Michael E. Ettinger, said after reading the motion from the media that he hoped the document would remain under seal.
"I want it sealed because it's a one-sided position in which they take things out of context," Ettinger said. He said expected the entire defense team to want the document kept under wraps.
A spokesman for the U.S. attorney's office, Randall Samborn, declined to comment.
Prosecutors sought to file a Santiago proffer under seal in the 2007 Operation Family Secrets case, Chicago's biggest organized crime trial in decades. They expressed concern that witnesses would be afraid to testify if their names were revealed before the trial.
The Tribune filed a motion with Zagel, who also presided over that case, to unseal the proffer. After discussion, the government produced a redacted version that was available for public inspection.