Blagojevich trial set for opening statements Tuesday
The corruption trial of former Gov. Rod Blagojevich begins in earnest today with lawyers laying out their strategies in opening statements, after spending the first hours removing jurors they think might be biased.
Some 50 prospective jurors remain from 90 called last week. Among those, however, are one man who wrote in his preliminary questionnaire, "I already believe Blagojevich to be guilty," and another who appeared in court Monday who wrote, "Most politicians are motivated by ego, power, control and money."
Judge James Zagel ruled against defense motions to remove both for just cause. As Zagel said in a prepared statement to each group of prospective jurors, "You will not be asked if you like or dislike, approve or disapprove of the persons accused here," only whether the government proves its case against them beyond a reasonable doubt.
Zagel has asked jurors if they could separate those issues, and those remaining said they could, however haltingly.
Prosecutors and Blagojevich's attorneys now get a chance to remove prospective jurors to reach a final panel of 12 people plus alternates.
The defense has 13 pre-emptory challenges - dismissing prospective jurors without giving a reason - and the prosecution has nine. They'll submit lists to Zagel in the morning, and the jury will be selected from the remainder.
The trial will then launch immediately into opening statements, with the prosecution expecting to take an hour and Michael Ettinger, defense attorney for the former governor's brother Robert Blagojevich, 45 minutes to an hour. Known for his theatrical oratory, Rod Blagojevich's attorney Sam Adam Jr. asked for 21/2 hours for his opening statement, but Zagel limited him to an hour and 45 minutes.
In all, it might get the former governor and his wife, Patti Blagojevich, out of the courtroom in time for a late-afternoon grammar-school graduation of their daughter Amy, something Patti tweeted about on her Twitter account at midday. Rod Blagojevich also is tweeting, beginning his day Monday with the pronouncement, "Looking forward to opening statements because that will unlock the truth."
Rod and Robert Blagojevich, a 54-year-old Nashville, Tenn., businessman, are charged with racketeering, extortion, bribery and conspiracy. Rod Blagojevich, 53, also is charged with depriving the people of Illinois of "honest services" as governor, although the charges will not be formally laid out until the end of the trial, after the U.S. Supreme Court has issued an expected ruling on the "honest services" statute.
The Blagojevich defense lawyers left the Dirksen Federal Building in Chicago Monday without addressing reporters, perhaps in response to prosecution complaints made in court about previous statements to the media.
Zagel said he expects to finish opening statements Tuesday, with the prosecution presenting it first witnesses Wednesday.
The jurors' identities are intended to be kept secret until after the trial, to avoid tampering and pestering by those with an interest in the case. For now, they are being referred to by number.