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Wednesday, April 7, 2010 as of 11:14 AM ET

Inside the Blagojevich Trial

Ruth Ravve

Chicago

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Blago Attorney “I’m Willing To Go To Jail”

July 26, 2010 - 1:54 PM | by: Ruth Ravve

Producer Ruth Ravve is inside the court proceeding for the Blagojevich trial. Below are the highlights of the prosecution’s arguments:

UPDATE 5:20 p.m.

Blago’s attorneys are expected back in court Tuesday morning to start closing arguments (the day ended with brother Robert’s attorney finishing his cross).
 Blagojevich court has been dismissed for the day.

5:12 p.m.

Judge still talking to attorneys. A less emotional defense attorney tries explaining to judge how it’s important to be able to contradict what the prosecution said. (An angry Sam Adam, Jr. and his father sat back down at the defense table.  Defense and prosecution lawyers standing before judge with their arms crossed. Judge says, “It doesn’t do your client any good for his lawyer to be held in contempt…he’ll realize he’s doing a disservice to his client.”

5:06 p.m.

Judge talks to attorneys but jurors out of the courtroom: Sam Adam, Jr. arguing to judge that prosecutor went over evidence from witnesses that weren’t there, such as Rezko, so defense should be able to point out that Rezko, etc. wasn’t even called to the stand.  Judge says to defense, “You’re attacking the government’s choice of who to call.” Prosecutor says there’s no reason defense should reference witnesses not called ands needs to prove evidence presented not evidence left out.

Adam says, “I have a man here who is fighting for his life…I can’t follow your order!”Judge says, “You will follow my order or you will be in contempt of court”. Adam says, “I’m willing to go to jail for this!”

Judge says, “If its not evidence you can’t use it….you cannot argue against the law, you cannot use evidence that’s not admissable in court…I will send jury home and let you re-formulate your closing argument…It may be possible for you to designate another lawyer if your not capable of following my rules.”

4:56 p.m.

Judge tells Ettinger, “You have 5 minutes left”. Ettinger says, “I didn’t know I was being timed…it might take ten minutes”.  Judge says, “Okay.”

Ettinger finishes by saying, “He’s an innocent man…let your conscious be your guide, judge this case based on who Robert is, not what his brother said to him, what did Robert do”.

Sam Adam, Jr. begins. He is supposed to get 45 minutes, then will finish cross tomorrow.

4:47 p.m.

Ettinger talking again. He basically tells the jury Robert wasn’t deal-making, he was just gathering information.  That he said his brother “would make a pick that’s best for the state of Illinois, that nothing else matters…money is not going to be a factor…there is no pay to play.”

Ettinger talks about phone call from Rod to Robert on Dec. 4, 2008 talking about his latest choice for senate seat, Gary Chico.  “Not a word about Jesse, Jr.” (Ettinger trying to show Robert was unaware of $6 million offer to give senate seat to Jesse Jackson, Jr.).

4:09 p.m.

Judge called Blago attornies up at break to ask how much time they need. Sam Adam, Jr. wants 45 minutes today and then will finish cross tomorrow.

4:07 p.m.

Ettinger reminds jury that all the conversations Blago had about the senate seat didn’t involve brother Robert. He says Blago had a team of advisors so Robert thought everything Blago did must have been legal.

Ettinger talks about tape played from Nov. 11, 2008 and goes over conversation where Robert told Blago he should get something out of the senate deal and he should get something in return and to not give anything away.  Ettinger tries to show Robert was talking about Madigan (powerful Illinois speaker of the house) that would control whether healthcare etc., was passed in the state — in those conversations Robert was not talking about Obama or Valerie Jarrett. “He didn’t even know her first name.”

“Robert conducted himself with dignity.” “.You heard their main two witnesses tell you that.”

“Now, we get to Jesse Jackson junior.”  (Then, he asked judge if he wanted to break.)

3:51 p.m.

Ettinger talks about Children’s Memorial Hospital, how they fundraise, that Robert had no knowledge of plans to make an exchange of funds for state action.

Ettinger got a chuckle out of the courtroom when he showed on the big screen a picture of Johnny Carson wearing his Karnack costume for when he performed the skit as the mind-reading prophet, and said it was what he was reminded of when he thought about the prosecution’s claim that it could read the mind of Robert and others involved to know what they intended.

Ettinger continues to hammer at the concept that there was no exchange involving Robert.

Ettinger tells jury about Robert Blago, “he’s never been involved in politics, he’s not a democrat, he’s a republican”.  He was asked by Blago to help with FOB (friends of Blagojevich), his wife Julie convinced him he should do it to “help his brother in need”. Robert didn’t want to do it, he asked his brother, “What am I walking into?”. Robert decided to help.

People tried to mix government and politics and Robert told them no.  “He did not come up here to bribe. He didn’t come here to extort. He came here to fundraise.”  Ettinger asks jury, “Did you hear one time someone say Robert demanded something in exchange for something?  That’s the only way they can prove it, if there was an exchange for something”.  You heard no evidence that Robert Blagojevich was part of any exchange.

Ettinger goes over testimony to show how many times witnesses said Robert wasn’t present when schemes were being made, says there’s no evidence Robert knew anything or did anything other than attend a meeting.

3:20 p.m.

Ettinger continues with a get-to-know-Robert history, of Blago brother joining ROTC, then military “our government put its trust in Robert Blagojevich…our government trusted him with those pershing missiles…it’s quite an honor, quite a trust, just factor that in, factor that in, know who he is”.  He came back and served in the reserves while he worked full time and tried to start a family. (Robert is watching his attorney and looking hopeful).

“His father was a prisoner of war in World War II, Red Cross helped his father…so Robert joined Red Cross. He paid back”

“Katrina came in 2005, what does he do?  He stops working and helps them out for a week…that’s Robert Blagojevich…a person of honor, a person of character.  Think about that when you hear about these charges.”

3:14 p.m.

Ettinger (Robert Blago’s attorney) talking and also using overhead screen with bullet points.

“Government’s got to prove beyond a reasonable doubt…extortion and bribery…what they (prosecutors) have to prove to you that when he (pointing at Robert) went to get money, that it was for extortion and bribery.

They can’t make that burden of proof, they can’t, you heard all the evidence.”

“The rules are they gotta prove beyond a reasonable doubt…the indictment means nothing…A leopard doesn’t change his spots…This man dedicated his life for his country…he came up here for 4 months to prepare a broken relationship (with his brother Rod).”

3:06 p.m.

Prosecution done, defense begins.

3:05 p.m.

Prosecution, still using a big screen with bullet points listing his points, going over with jury the racketeering charges, explaining what racketeering means, showing how Blago gathered a group (Rezko, Monk, Kelly, friends of Blago, office of governor) for the common purpose to get money for Blago.  He was the center of it all.

It all boils down to one thing: the exchange.  Prosecutor instructing jury that they have to agree that at least two of the acts listed were committed, for Blago to be found guilty.

Blago conspired with Kelly, Monk, Rezko, Harris and Robert Blagojevich.

Prosecutor going over charge of “false statement” made to the FBI.

1) He maintained a firewall between government and politics.

2) Does not know or keep a list of who contributes to him.

“This is the same person who said ‘I got this thing and it’s F-ing golden’”

Prosecutor tells jury:  You’ve heard from several people who all paint the same picture and you heard the taped phone conversations…you know it all.

2:49 p.m.

(Blago family in court: wife Patti, daughters Amy and Annie, Patti’s sister Debra and Patti’s brother Richard, plus others sitting close by who are either relatives or supporters).

The prosecution continued its talk about wire fraud violations, this time regarding the tollway authority and Blago withholding road funds until getting contributions.

“What’s the scheme to defraud here?  Exchange.”  He would go forward with the roadway funds in exchange for cash.  Blago made it clear “he had the authority”. You heard him say it, if they don’t perform, f*** them.”

1:45 p.m.

Judge says to prosecution: “You can take an extra 5 minutes to explain where he’s been and where he is not.”

1: 35 p.m.

Prosecutor is emphasizing how defendent Blago tried to extort Children’s Hospital and how he told his staff to make sure the hospital head gets the message that he wants $25,000 in campaign contributions in exchange for a healthcare rate increase.

Racetrack bill also involves wire fraud.  The proof is that “there was no legitimate reason to delay the signing of the racetrack bill” except that Blago wanted campaign contributions from the deal.  “Blago says ‘You’d better pay up or I’m not gonna sign the bill.’”  It involved an interstate phone call, it’s wire fraud.

1:22 p.m.

Prosecutor going over “attempted extortion” charge, talking about how Blago knowlingly attempted to obtain money from others for senate seat, etc.

The prosecutor is grouping Blago brothers together when explaining how crimes happened.  The defense tried to object twice about what they say was the prosecutor trying to instruct the jury. The judge sustained the first objection and over-ruled the second one.

Prosecution using bullet points on the big screen to show “substantial steps in senate seat attempted extortion”, showing how Blago is trying to get the word out that the senate seat is for sale.  Then Blago “tries to conceal what he’s doing” once he learns the feds are watching.

The conspiracy charge is because “Blagojevich, Robert Blagojevich and John Harris” conspired to commit a crime.  Harris has already plead guilty.

“You don’t have to be successful criminal to be a criminal.”  Defendants don’t have to know every detail of scheme, as long as they know their part was wrong.

Prosecution going over bribery charge.  “Blagojevich was an agent of the state of Illinois” was the bullet point on the screen. “He was the governor…he tried to exchange something of value.”

Bribery charge only needs to involve a transaction value of $5,000 or more and “all of the things we’re talking about are worth more than $5,000, so you (jury) should have no problem seeing that part”.

Prosecution now going over how all the charges against Blago also apply to the other incidents brought up at trial (the racetrack bill, money held back from Children’s Memorial hospital, etc).

1:03 p.m.

Prosecution says there are things the government doesn’t have to prove like that he really intended to appoint a certain person, such as Jesse Jackson, to the senate seat.  “It’s enough to show what Blago intended to do…the scheme need not succeed to be a crime”.

Prosecution going over the “scheme to defraud”.  “Sometimes defendent Blago was looking for employment, sometimes it was campaign contributions.” “He did intend to cheat the public…He knows the rules because he’s a former prosecutor himself…he lies to the FBI because he knows what he’s doing is wrong.”

“He wanted to use his power to end the investigation, because he knows what he’s doing is wrong.”

Prosecution then focuses on Robert Blago.  “He also knows the rules…he disregards advice when it suits him…he also conceals what he’s doing.” (Robert is shaking his head “no” at this point.)

Prosecution going over the wire fraud counts, by talking about phone calls made to scheme over the senate seat.

12:50 a.m.

Prosecutions says once Tribune article came out saying Feds were listening, both Blago brothers became cautious and wanted to “sweep the room for bugs” before talking further about deal for senate seat.

Prosecutor tells jury Blago knew he was committing these crimes, he intentionally lied to the FBI, because he took and passed the ethics test many times and because he disregards his advisors and his lawyers when he wants to.

Blago claimed publicly he has process for picking a senator but then he didn’t follow that process.  He followed a different process but didn’t publicize it because he knew it was wrong.  He knew it was wrong because he was hiding what he was doing.

“He uses middlemen to have conversations he doesn’t want to have himself.”  “He warns Robert Blago ‘the whole world is listening’.  He wouldn’t worry about the world listening if he were just talking about healthcare.”

Prosecution is going over all 24 charges, tells jury “you’re gonna get a roadmap…to see how these charges all have things in common.”

Statement on prosecution’s graphic on big screen, “Charges fall into 5 groups: wire fraud, extortion, bribery, racketeering, lying to FBI”.  Prosecutor is exlaining what each of the charges mean and how Blago violated them.

Earlier

Prosecution showing how the money was “laundered” through different friends of Blago’s and then was distributed to various people, including Patti Blago, who got checks for $12,000.  So when defense asks did Blago get a dime?  The answer is yes, through his wife. Pictures of the Blago friends (Wyma, Monk, Rezko, Ata) and summaries of their “crimes” are posted on the big screen.  “Follow the money” says the prosecutor. Prosecution focusing on Patti Blago’s “broker commission” (on real estate deal that was made).  “There’s no broker commission on this deal, it’s made up”.   (Blago’s daughters are looking fidgety as they’re sitting with mom.)

Prosecution:  Blago had a lot of power, money is power. Blago tells Joe Cari and others that if they raise money for him he will get them state contracts. Ali Ata was solicited for money, two $25,000 checks. Jury seems to be listening very intently.  A couple of them shake their heads up and down as if they’re agreeing with him.

Prosecutor showing on the big screen how the Blagos were broke when he was trying to sell the senate seat “because the FBI stopped him from taking money, stopped the people out there who were raising money for him (Lon Monk and Tony Rezko)…and because he spends more money than he makes”. So Blago was “desperate” for cash and wanted to make a deal.

Prosecution is now going through each incident, by date, and posting it on the big screen, while reminding jurors what they heard in taped phone calls of Blago asking what he could get for himself. “He went shopping.”  Prosecution: Nov. 12, Blago talks about getting money for his 501C4,  In calls to Tom Balanoff, he talks about how Obama could get people to donate cash to the fund.   “It was a trade, it was an exchange, it was a sale” for the senate seat.

Mid-morning

Prosecution is using graphics posted on a large screen for the jury to see.  It lists all the prosecution’s points and dates of when things happened.

Prosecution: You heard defendant Blago refused to sign racetrack bill in order to get campaign donation, you heard defandant Blago try to shake down head of Children’s Hospital.  Also, he lied to FBI investigators. “I’d like to start with the senate seat.  The thing that is F-ing golden.”

Prosecution: There are 24 different counts, bribery extortion, wire fraud, racketeering…boils down to something simple.  The governor cannot exchange doing something for the state for something personal.  That’s a bribe. “Talking is the crime here.” Blago tried to shake down President Barack Obama for the senate seat.

9 a.m.

Prosecution began by quoting Blago:  On November 2008 he said “I’ve got this thing and its f-ing golden and I’m not giving it up for f-ing nothing”, which began a monthlong period of scheming and conspiring where blago tried to get something golden for himself.

Prosecution: “What about me?  That’s what defendent Blago asked deal after deal.”  Defense said evidence would show his client worried what was best for people of Illinois…you know which picture is right. Blago at the center of corrupt individuals in the state of Illinois, the person who was going to benefit was the defendant.  You heard there was a corrupt ring of people surrounding the defendant.  People got drawn into this ring being headed by the gov of the state of Illinois.

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