Previous cases offer hints about likely Blagojevich conclusion
Those expecting a quick verdict in the Blagojevich corruption trial - and that includes few actually involved in the case - might want to settle back and get ready to wait.
Because of the sheer size and complexity of the case - including nearly eight weeks of evidence, more than an hour of instructions from Judge James Zagel issued Wednesday, and an 11-page worksheet that lays out requirements for guilt - the consensus around the federal courtroom is a verdict is likely to take at least a few days.
"I'm not anticipating one," Zagel said of the likelihood of a quick verdict.
Juries are unpredictable, and each follows its own path. But the most recent similar cases - the corruption trials of Rod Blagojevich's predecessor as governor, George Ryan, and Blagojevich's own fundraiser and aide Tony Rezko - both saw the jury spend two weeks on deliberations.
Ryan was convicted on all charges in April 2006 in a trial that dated back to the previous year. The jury deliberated 10 days, but the verdict came after two jurors were excused and replaced eight days into deliberations when news reports found they had lied about their arrest records in juror questionnaires.
Like Blagojevich, Ryan did not testify on his own behalf, although unlike Blagojevich, Ryan's lawyers did present witnesses in his defense.
Rezko was convicted on 16 of 24 counts in June 2008 following a trial of nine weeks. As with Blagojevich, Rezko's attorneys threw the case to the jury without fielding a defense, insisting the government had not proved its charges beyond a reasonable doubt. The jury took 13 days to return its split decision, finding Rezko guilty of fraud and money laundering. Yet, it exonerated him on charges of attempted extortion, and in fact on all the counts involving "Public Official A" in the indictment.
Blagojevich was identified as Official A.
Blagojevich's trial, however, included much new evidence gathered in the latter half of 2008 after Rezko's trial, including the now-infamous wiretaps that resulted in the former governor's arrest in December 2008.
Blagojevich, 53, faces a 24-count indictment on racketeering, bribery, extortion, wire fraud and conspiracy, including trying to sell or trade an appointment to President Obama's vacated Senate seat for a Cabinet post, private job or campaign cash. If convicted, he could face up to $6 million in fines and a sentence of 415 years in prison, though he would be sure to get much less time under federal guidelines.
His fundraiser brother, Robert, shares four of the charges: wire fraud, attempted extortion, extortion conspiracy and bribery conspiracy.
From the pool of 17 remaining jurors in the Blagojevich trial - with one having been excused early on for a family illness - Zagel chose 12 in the order in which they were first interviewed for jury selection. The jury is evenly split with six men and women, including eight white jurors, three black jurors and one Asian-American. The five alternates were sent home and remain on call for any necessary replacements. They remain under orders to avoid media coverage of the case and not to discuss it with anyone.
Meanwhile, the remaining 12 will work each day in the Dirksen Federal Building, going home each night, until they reach a verdict.
"The bottom line," said Chicago-Kent College of Law professor Richard Kling, "is you put 12 people in a room alone, and you never know what they're going to do until the end."
<div class="infoBox">
<h1>More Coverage</h1>
<div class="infoBoxContent">
<div class="infoArea">
<h2>Video</h2>
<ul class="video">
<!-- Start of Brightcove Player -->
<div style="display:none">
</div>
<!--
By use of this code snippet, I agree to the Brightcove Publisher T and C
found at https://accounts.brightcove.com/en/terms-and-conditions/.
-->
<script type="text/javascript" src="http://admin.brightcove.com/js/BrightcoveExperiences.js"></script>
<object id="myExperience292323895001" class="BrightcoveExperience">
<param name="bgcolor" value="#FFFFFF" />
<param name="width" value="300" />
<param name="height" value="255" />
<param name="playerID" value="18011347001" />
<param name="publisherID" value="1659832549"/>
<param name="isVid" value="true" />
<param name="dynamicStreaming" value="true" />
<param name="@videoPlayer" value="292323895001" />
</object>
<!--
This script tag will cause the Brightcove Players defined above it to be created as soon
as the line is read by the browser. If you wish to have the player instantiated only after
the rest of the HTML is processed and the page load is complete, remove the line.
-->
<script type="text/javascript">brightcove.createExperiences();</script>
<!-- End of Brightcove Player -->
</ul>
<h2>Related documents</h2>
<ul class="morePdf">
<li><a href="/pdf/blagoverdictform.pdf">Blagojevich verdict form</a></li>
</ul>
</div>
</div>
</div>