Judge denies defense motion, pushes Blagojevich trial toward start

Former Illinois Gov. Rod Blagojevich failed again today to delay his corruption trial, this time arguing the judge was wrong to screen out potential jurors who said spending weeks in court would be a hardship.

U.S. District Court Judge James Zagel denied the Blagojevich defense team's motion to move back the June 3 trial date.

Sheldon Sorosky, defense attorney for Blagojevich, had questioned Zagel's handling of a preliminary questionnaire sent to potential jurors and proposed that the entire jury-selection process be done "the old-fashioned way" with questioning in court.

"I'm not returning to the old-fashioned way," Zagel responded. He said the court has sent out about 300 questionnaires, not mentioning Blagojevich but asking if a trial of 15 to 17 weeks would be a prohibitive hardship.

Zagel has separated the responses into yes, no and maybe piles, with about 90 so far deemed possible.

"What good is going to be achieved," Zagel said, "by dragging down to the courthouse" people who "quite clearly" are incapable of serving as a juror for an extended trial? He posited a 28-year-old mother of two who needed to work to maintain her family.

Zagel said lawyers for both sides would be permitted to see the questionnaires and ask that anyone ruled out might be reincluded, but he did not permit the lawyers to receive copies, citing privacy concerns.

Zagel ruled against a defense motion suggesting this was part of jury selection by ruling that formal process does not begin until prospective jurors are actually in court. "But we're not quite there yet," he added.

Sorosky said afterward he expects the trial to start with jury selection as scheduled on June 3.

Yet, before that the defense still has an appeal to delay the trial resting with Supreme Court Justice John Paul Stevens. That argument hinges on waiting for the high court to rule on the "honest services" statute that is part of the case against Blagojevich and his brother Robert.

Stevens has asked the U.S. Solicitor General to respond to the defense petition by Friday, and Sorosky said he expects Stevens to decide next week.

Michael Ettinger, attorney for Robert Blagojevich, said that his client, like the former governor, intends to testify in his own defense. "Put it in the bank," Ettinger said.

The Blagojeviches face charges of racketeering, extortion and conspiracy for alleged corruption during his administration.