Prosecutors lay out case against the Blagojeviches

Government prosecutors will rely on testimony of Rod Blagojevich's top advisers, as well as secretly recorded tapes, when they try to convict him of corruption, according to a court document released Wednesday by U.S. District Court Judge James Zagel.

The document shows that in addition to the tapes, prosecutors will be relying on the testimony of the former governor's "kitchen cabinet," his top behind-the-scenes advisers and fundraisers, including the previously convicted Tony Rezko and Chiefs of Staff Alonzo Monk and John Harris, who pleaded guilty to corruption charges last year.

They'll be used to make the case against Blagojevich and his brother, Robert Blagojevich, on charges of racketeering, bribery, extortion and conspiracy.

The document, known as a "Santiago proffer," was submitted under seal to determine the admissibility of evidence and testimony.

It actually contained little that was new or explosive, not compared with the original complaint issued on Blagojevich's arrest while still governor in December 2008. It laid out charges that he traded political favors for campaign contributions, attempted to auction the U.S. Senate appointment after President Obama's election to the highest bidder, used pension-fund investments to generate kickbacks and demanded editorial changes at the Chicago Tribune in exchange for proposed sweetheart deals involving then-Tribune-owned Wrigley Field. It also charged that money was funneled to Blagojevich through "unearned commission" and "unnecessary retainer fees" paid on real-estate deals to his wife, Patti.

Yet it did draw a picture that as early as the end of 2003 Blagojevich was telling lawyer and political fundraiser Joseph Cari that "he had aspirations beyond being governor and that fundraising was the key to political success."

The new federal indictment reissued in February charged the Blagojeviches, Monk and Harris with running the "Blagojevich Enterprise" to enrich themselves and maintain political power.

While the document did not contain any explosive new charges or revelations, Blagojevich's defense attorneys tried to keep it under seal, arguing it could taint the jury pool. But prosecutors pooh-poohed that, pointing to Blagojevich's own media blitz, including his recent appearance on "The Celebrity Apprentice."

Written by Assistant U.S. Attorney Christopher Niewoehner, the document declared: "The government believes that the statements of co-conspirators set forth in this proffer should be admitted as non-hearsay under the co-conspirator doctrine."

It included some of the salty language Blagojevich was accused of using in the original complaint. In squeezing engineering firms for contributions on what was going to be either a $1.8 billion or $5 billion tollway construction project, he supposedly said, "If they don't perform, (expletive deleted) 'em."

He supposedly considered appointing himself to the Senate seat, saying, "Now is the time for me to put my (expletive deleted) children and wife first for a change."

In trying to compel the head of Children's Memorial Hospital to make a contribution in exchange for increased Medicaid payments, Rob Blagojevich supposedly told a hospital lobbyist, "You know I'm jerking your chain, but I think they have a potential to do well by us."

News agencies sought the release of the document, and Judge Zagel agreed on Wednesday, writing that "disclosure of written material a month and a half before the beginning of trial does not come close to presenting a significant threat that a fair jury can be found."

He also decided that "the case for redaction has to be proven not presumed. It is not proven here."

Zagel said defense attorneys could release more of any released transcripts if they thought the edited versions did not tell the full story - playing perhaps on Blagojevich's own assertion that he wants to "play all the tapes" and that they'll prove his innocence.

The trial remains on target for a June 3 start.

<div class="infoBox">

<h1>More Coverage</h1>

<div class="infoBoxContent">

<div class="infoArea">

<h2>Related documents</h2>

<ul class="morePdf">

<li><a href="/pdf/blagoorder414.pdf">Judge's order releasing the documents</a></li>

<li><a href="/pdf/santiagoproffer414.pdf">The 'Santiago proffer'</a></li>

</ul>

</div>

</div>

</div>