Culture Blues

Ask an Attorney! Rod Blagojevich Edition

On Tuesday, former Governor of Illinois Rod Blagojevich was convicted on just one of 24 counts brought against him by federal attorneys. The charges were some pretty serious stuff too, ranging from wire fraud to racketeering to extortion conspiracy. Since our legal experience is limited to movies and the show trials we hold when we catch the intern stealing supplies, we sat down with attorney Erin Russell to get the low down. Erin practices in Chicago and followed the trial closely, and was even observed at the courthouse on a few occasions.

CB: The headline in yesterday’s Red Eye was "Guilty-ish". Would you say that is a fair way to describe the verdict?

Russell: Well, no. I understand what they were going for, but Blagojevich was found guilty of lying to federal agents. He was convicted of a felony and the fact that the jury was hung on the remaining counts won't change that fact.

CB: So Blago is for sure going to do at least some time then?

Russell: He will likely file an appeal of the one conviction. However, if it stands he will do some time.

CB: How happy should Blagojevich be with this outcome?

Russell: He should be thrilled. The maximum sentence for the count on which he was convicted is five years. He doesn't have a criminal record, and will not necessarily be sentenced to the full five years. If convicted on the top counts of the indictment, and sentenced to the max, he could have been sentenced to enough time to effectively result in a life sentence.

CB: Life? Yikes. How mad do you think the prosecutors should be right now?

Russell: Very, assuming there is truth to the reports that a single holdout juror may have refused to deliberate in good faith.

CB: Whoa! Shenanigans! So, if we were to put a number on it, how mad do you think the prosecutors are on a scale of 1-10?

Russell: 10.

CB: More or less mad than Marsellus Wallace after Bruce Willis had to help untie him in Pulp Fiction?

Russell: Less mad. But almost Marsellus mad.

CB: Wow, that’s pretty freaking mad. So what happens next? Definitely a retrial?

Russell: I think so, yes. With the exception of the holdout, the remaining jurors reportedly found there to be plenty of evidence to convict. I don't think the prosecution has any reason to think that they can't convict him if they try again. I think they believe in their case, and for very good reasons.

CB: Let’s talk about this holdout juror. Seems a bit, shall we say, made for TV. How often does that actually happen?

Russell: It happens more than people might think. It sounds like the holdout juror may have had unrealistic expectations for the evidence sufficient to convict.

CB: How much more evidence could there possibly be? Those tapes seemed pretty damning.

Russell: The tapes are very damning. However, the tapes played at trial are not the only recordings that exist. Early in the trial process the government designated select recordings it planned to use at trial. If there is a second trial, they may decide to haul out additional recordings to bolster their case.

CB: Initially, Blagojevich's attorney, Sam Adam, Jr. was painted as a little bit unorthodox. How did that play out?

Russell: He is actually known for being unorthodox. He prides himself on it and it has served him well in his career. He ran into a lot of problems conforming to the federal court "style", and was taken to task for it by Judge Zagel several times.

CB: Yes! Do tell…

Russell: Prior to his closing argument, Judge Zagel threatened to hold Adam in contempt if he mentioned anything not placed in to evidence. I believe he meant it too. Adam dramatically shook Blagojevich's hand and left that day, and announced that he did not know if he was going to deliver the closing argument.

CB: Contempt? Well we all know from My Cousin Vinny that contempt only has a sentence of one night in jail and a fine of $200. That's not too bad, right?

Russell: Vinny got off easy. If Sam had been found in contempt it would have been very embarrassing for him both personally and professionally. He also clearly knew that it would not serve his client well.

CB: So what changes in the retrial?

Russell: The government really did a great job in this trial. And they apparently convinced all but one juror, who may have refused to deliberate in good faith. They may not have to change much. The interesting debate is whether they will have to call witnesses such as Jesse Jackson, Jr. and Rahm Emanuel. I don't think they will.

CB: Will you join us in a two-week long finger crossing campaign for Rahm Emanuel being called to testify?

Russell: Calling Rahm Emanuel to testify in this case is really calling down some thunder. I don't see anybody wanting that to happen, but feel free to cross away!

CB: Ha- oh, Erin. You think way too highly of us. One last question, Blago is guilty right?

Russell: The government made their case. I think they put in enough evidence to prove each count beyond a reasonable doubt. And the tapes speak for themselves. One might even say they're “f’n golden”.

You can find Erin’s legal blog at legallyerin.com

Tagged as: ask an attorney, blago, lol hung jury, miscarriage of justice, My Cousin Vinny, rod blagojevich, verdict