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The second jury question "Is it permissible to obtain transcript of testimony. It would be helpful" Lots of speculation about this here at Camp Blago. Does this mean they are entirely lost and don't know where to begin?
Or could it be that just a couple of jurors need convincing? And that they naively asked for transcript not knowing they could ask for just one witness' testimony?
The judge said it is possible, although he noted official transcripts are not yet ready. And that he is more inclined to give them transcripts of specific witnesses.
I have a feeling we will have another question soon. Stay tuned on Twitter http://twitter.com/msjournalist
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Here are the alternate jurors who were dismissed today - they can be called back if something happens and they are needed:
#151 Male, White 20s Supervisor of 20-30 labor job-worked previously as bike mechanic and Argonne Lab, does seek out the news
#153 Female White 50s legal secretary for 4 real estate attorneys, childrengrown, served one jury, likes to knit, cook, read, be with grandchild, watch TV
#155 Female White 30s short red/brown hair, secretary at Northwestern Memorial Hospital, taught toddlers, volunteers at church has TV but never watches
#156 Female, White 30s art director/graphic designer, has dog, reads, plays softball
# 166 Female Black 40s social worker, husband retired
Here is my original post from June 8 when the jury was selected (the 5 in bold are alternates):
The jurors selected for Blagojevich trial:
11 Females
7 Male
4 African- American
1 Asian
13 White
#103: Female, White,30's legal assistant who doesn't watch a lot of TV and likes to play softball
#105 Female Black Math teacher, middle-aged, smiled a lot, likes gardening, reading, biking
#106 Female White, Blondish hair, Glasses, retired from public health agency, served on jury 2 times
(#115 Female White, 40's, in retail marketing, likes horseback riding ****Dismissed on July 6 due to illness in family)
#119 Femal White, 40's, investment accountant, runner
#121 Female White 20's WEstern Ill College student, accounting major with interest in law, dad is police officer, once hit by car riding a bike, works out, rock climbing, reading
#123 Male White 40s Human Resource Mgr, neutral on elected officials
#127 Female Black 60ish, retired, worked for State
#128 Male White 20s maybe summer school, undecided career, likes sports, video games
#133 Male White 40s Ex marine served in Lebanon and Japan, retired due to injuries, had hip replacement and cannot sit for more than 20-30 minutes
#135 Male Asian about 60 born in POW Camp,ex-Marine, college degree, video librarian
#137 Male White 70s retired US Navy, works now FT, Father was also navyman, oldest son diabetic
#148 Male Black 70s retired 10 yrs from US Postal Service (30 yrs), served in navy, served on 3 juries in past,has vegetable garden, bible study, likes Auto magazines
#151 Male, White 20s Supervisor of 20-30 labor job-worked previously as bike mechanic and Argonne Lab, does seek out the news
#153 Female White 50s legal secretary for 4 real estate attorneys, childrengrown, served one jury, likes to knit, cook, read, be with grandchild, watch TV
#155 Female White 30s short red/brown hair, secretary at Northwestern Memorial Hospital, taught toddlers, volunteers at church has TV but never watches
#156 Female, White 30s art director/graphic designer, has dog, reads, plays softball
# 166 Female Black 40s social worker, husband retired
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In 1969, my parents let me skip classes at New Trier High School – actually, twice my father drove my best friend and I to the Dirksen Federal Building, dropping us at 6 a.m. to stand in line for the biggest trial of its day- The Chicago 7 trial.
Now, 41 years later, for the last six weeks, I am back at the Federal Building where I stand in line each morning, securing my ticket for what has proven to be the hottest ticket in town. In an ironic twist of fate, here in Judge James Zagel’s majestic courtroom and seated just a few feet from me each day is Verna Sadock, the courtroom sketch artist who worked at the Chicago 7 trial when I was just 17.
I have covered the Blagojevich trial on Twitter (Msjournalist) and on this blog that I began in December 2008, following the Governor’s arrest. As I state in my blog here is why I began this endeavor:
After a long and fascinating race for the White House followed by the devastating spiral of the financial world, many of us journalists were coping with the ordinariness of the state of the news when voila! Our Illinois Governor provided us with a scandal so outrageous we had to pinch ourselves.
I have clocked, by my estimate over 300 hours in the Dirksen Federal Building since jury selection began on June 3. My motto since that day has been “4 a.m. is the new 7 a.m.” and I have interacted more with my fellow reporters and those who have become regulars in the courtroom this summer than with my own family and friends.
I have had breakfast and lunch every day just a few feet away from the prosecutors, the defense team and Rod and Patti Blagojevich. (One day as I stood in line bemoaning a broken ice machine - I looked up to see a hand grab my cup and say "I'll get you ice" ( Who was it? Rod Blagojevich!)
I have come to appreciate Judge Zagel who can always be counted on to insert some humor, literary comment or law school 101 in what otherwise might be a rather dry day.
My seat, for the most part, has been directly behind Patti Blagojevich who has often been joined by her brother Richard Mell or sister Deb Mell. Just a few feet behind her I had a direct view of the ex-Governor and his Defense team. I have about memorized the faces and habits of the jurors (the gum chewer, the nail biter and the laid back ex-Hippie just to name a few).
I have come to expect at a certain hour after lunch, Sam Adam Sr. will quietly open his briefcase, carefully unwrap a candy and pop it in his mouth. I know that every day Patti will unfold her black cashmere wrap, throw it around her shoulders and mumble about the temperature in the courtroom.
I know too that during the breaks our former Governor will bounce around the courtroom or perhaps in the lobby, signing autographs, hugging supporters and boldly declaring his innocence. In the courthouse cafeteria the Governor schmoozes with supporters even as he buses his tray.
Mostly he has a big smile on his face – asking those he meets” Where ya from?” He often jokes with the spectators during the breaks “If I knew you, maybe I would have named you to the Senate seat.” And always, when a break comes after the profanity-lace tapes have just been played- he will go up to the most straight-laced spectators and say, “I want to apologize for the language. I will make it up to you. Really I will.”
His wife Patti has surely stood by her man. Other than a couple of days, or just half days that she missed court (one day telling me as she walked in about 11 a.m. that she had to deal with an out of control teenager) Patti has been there by Rod’s side. I can’t say silently. She often looks like she would love to add to the testimony and sometimes, indeed she does. Early on, during jury selection, a potential juror rambled on about reality TV and how those who participate are just egomaniacs. With that Patti turned to me and said “Or trying to pay the bills.” And during some very unflattering testimony she sometimes shifts in her seat, turns to look at the spectators, rolls her eyes and then just controls herself. During the testimony of Children’s Memorial Hospital’s CEO Patrick Magoon, the Defense asked him how much he earned a year. But there was an objection, which Judge Zagel sustained and with that Patti turned to me and whispered, “$900,000 a year. That’s what he makes.” Of course, within moments, that comment was out there in Twitterland.
My seat has been ringside mostly every day of this trial (Or as Rod Blagojevich said one day to those of us seated right behind Patti “Wow you got box seats”) and that too has been insightful. She has been friendly and charming and explained to me in detail what it was like to eat a tarantula (you just don’t know what you would do if you have to, she said). We have discussed her mother’s battle with breast cancer as well as mine, the trials and tribulations of raising daughters (she has two – I have three) and she has politely introduced me to her brother Richard and sister Deb. As I have diligently been providing trial updates via Twitter, her brother turned to me one day and thanked me, saying he enjoys my tweets and that ‘s how he knows what is going on when he is not there. Naturally, I tweeted her brother’s comment and within 30 seconds, Patti’s sister Deb Mell sent a message to me via Twitter -that she was in Washington DC and was following me and saying she thinks this is great- she is out of town but can follow the trial though my Twitter updates. Ah, what technology has done – if Perry Mason could see us now?
And I made the choice not to Twitter when her daughter Amy yesterday fell apart crying in her mother's arms when court adjourned for lunch. Or when Patti fell weeping in her sister-in-law's arms as court adjourned yesterday.
But as for the serious matters at hand- I have to say it astounds me that the former Governor is so upbeat – working the crowd as though he were still campaigning. Cracking jokes here in federal court- after all, this is serious stuff.
The only inkling I have had that the former Governor has even thought he could lose this case came on the day of his brother Robert’s testimony. During a break, he came up to Robert’s son Alex and said, “If things go south, what size suit do you wear?”
I can’t help thinking that when this jury, who by the way has been amazingly attentive, deliberates they will have much to consider a lot of complicated and compelling evidence – a lot of talk of quid pro quo.
The only count that I see is clear-cut is lying to the FBI. Several witnesses both in person and on tape said that Rod Blagojevich was very involved in fund-raising when in fact he told the FBI there was a firewall between politics and fund-raising. The others are not as clear, but if the jury instructions are clear, it may be very easy for the jury to decide to convict on the other counts as well.
And while the details involving Children’s Memorial Hospital, the Chicago Tribune and the Road Builders are more complicated, here is what is not complicated at all.
That the Governor is heard on many many tapes using the “F” word. And it’s not just that its used – it’s that its used so often and so offensively (and there is something about hearing this rather than reading this) “I gave your grandmother a free F***** ride on a bus…I gave your F***** baby a chance to have health-care” And then talking about his poll numbers “So F*** all of you.”
I have to think that when the jury sits down – here is what they will also see. Testimony by Lon Monk, Joseph Cari, Doug Scofield, John Harris, John Wyma, Bob Greenlee, Bradley Tusk, John Johnston, Ali Ata, Joe Armanda - all corroborate each other. And then when you add in Tony Rezko , and Chris Kelly - these two guys – one is convicted and awaiting prison – the other committed suicide (although the jury is not allowed to know that – and don’t they just wonder where Kelly is?) - These guys were figures in decision making in Illinois – and they weren’t even elected– along with the powerful Stuart Levine- also convicted and awaiting prison.
It just strikes me that this jury can’t think there is too much that can be honest or good about a man who surrounded himself with these guys. These are the guys in the meetings with the Governor. These are the guys heard on the tapes.
Somehow the defense that Blagojevich is just “silly”, and “not the sharpest knife in the drawer” just may not cut it to a jury that has seen so many witnesses who made a plea deal with the government, whose careers are in shambles now – articulate bright witnesses like John Harris, Joe Cari and Doug Scofield) and even Lon Monk (not the smartest witness on the stand but he was Blagojevich’s oldest dearest friend- former college roommate) How does all this sit with the jury in the end? Maybe if the Governor had taken the stand he could have explained it. But now, this is what the jury is left with.
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Sam Adam Jr. gave, as expected, a Theatrical Closing
I found the closing, while entertaining, disconnected, peppered with false claims that brought sustained objections and with phrases like (please note, as only Sam Adam can deliver):
And truly, just read Eric Zorn's "You really shoulda seen it" because if you really didn't see it, his column is the next best thing.
*****More excellent commentary here you should not miss:
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It was madness at the Federal Courthouse today with a line forming at 4:30 a.m. All the seats that would be given out were taken by 5:30 - later about 17 law school students who somehow got to the front of the line on the 25 th floor were not allowed in by marshalls who knew they had budded their way in.
It was the talk of the morning that the Blagojevich daughters Amy,14 and Annie, 7 to court.While many speculate that it was move to endear themselves to the jury - not sure jurors who are parents would approve of little girls hearing hours of all the bad things their daddy allegedly did. Not to mention the government rehashing all the "F" words in the tapes.
It was a long and thorough morning as Assistant U.S. Attorney Christopher Niewoehner jumped right in and began his closing with the famous "I've got this thing and it's F***n golden" quote. He told the jury that Blagojevich was at the center of a corrupt group of individuals. Niwoehner then walked the jury through all of the evidence and the charges.
At times the former Governor looked uncomfortable alternating between being pasty white and bright red. Sometimes his lips were pursed and he pulled on his cuffs and shifted in his chair.
Later Michael Ettinger, Robert Blagojevich' attorney told the jury in various different ways that his client, who was only working for teh Goveror for four months, came to Chicago to repair his relationship with his brother and never offered anything in exchange for campaign contributions.
But the true drama of the day came when the Judge told Sam Adam Jr. he could not bring up the fact that the government did not call Rezko and Levine - Sam Adam Jr. said he could not adequately represent his client who was putting up"the fight of his life" - the judge threatened Sam Adam Jr. with contempt and promptly adjourned court to give Adam time to rework his closing.
It is not clear if Adam will indeed do the closing tomorrow. Lots of dramarama in the Blago courtroom.
More from Julie Unruh, Kelly Barnicle and Terry Sullivan for WGN:
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Closing arguments to begin this morning
Stay tuned to my live updates from the courtroom on Twitter http://twitter.com/Msjournalist
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Susan Berger, Dan Libit, Elizabeth Brackett and Rob Wildeboer join Carol Marin to discuss the goings-on inside the Blagojevich courtroom:
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Today's Press Conference Following both sides resting:
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Likely the Defense rests today- and if they do- Will closing arguments begin today? Stay tuned to my live updates on Twitter http://twitter.com/Msjournalist
And just for the record, with Rod Blagojevich, you just don't know what might happen...stay tuned
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My thoughts about the abrupt adjournment:
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Robert Blagojevich finished his testimony - then Judge Zagel held a 15 minute sidebar and abruptly dismissed court for the day. I am feeling very relieved, given that I was not feeling well and the prospect of missing Rod Blagojevich's debut on the witness stand well, was making me sicker.
I am feeling better - back in court tomorrow. Thank you to all my journalist friends- I retweeted all their updates today on my Twitter page http://twitter.com/Msjournalist
UPDATE: Media all crazy.. Speculating Rod' defense going to rest without calling witnesses - Stay tuned...
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Rod Blagojevich stepped off the elevator this morning - shook and few hands and yelled "Show of hands? Anyone here planning on testifying?"
So as we sat waiting for the Judge to appear, Rod went up to his nephew Alex, his brother Robert's son and said, If this goes south, what size suit do you wear?"
After I took my jaw off the floor, the day began with Robert Blagojevich's wife Julie on the stand. A wife of 33 years she was on the stand for a short time - she said she encouraged her husband to fund-raise for his brother - that it might be an opportunity to grow closer. When she got off the stand her son Alex put his arm around her when she sat down.
Robert came across as a philanthropic, hard-working man who believed in being a "citizen soldier" and had a 17-year military career that included national security clearance involving nuclear missiles.
Robert said he and his brother were very close "tied at the hip. Later they were not close- "He was legal/political and I was military/business."
At one point Robert explained that "the name Blagojevich in Nashville created unique challenges for me" to which I saw Rod Blagojevich chuckle.
Robert's only experience fund raising before coming to Chicago to help his brother was for charitable organizations - the Red Cross ( who had been kind to his dad as prisoner of war and this was a way to give back) and YMCA.
Robert was clear that for him, fund-raising and politics were separate. He said he believed to never condition a fund-raising request on a government action, contract or policy action. "I never did," he said.
To be continued...stay tuned to my live updates onTwitter page at http://twitter.com/Msjournalist
The direct seemed to go well for Robert Blagojevich. But once the cross by the prosecution started- well, it was difficult to watch. Prosecutors came at Robert with a curve ball Suddenly we did not see Robert Blagojevich as a naive brother - but rather the Prosecution tried to paint him as someone who very involved - he was asked what he meant when he he said he wanted Obama to stop the criminal investigation in exchange for naming Valerie Jarret to the Senate.
More tomorrow. The Judge adjourned and then decided about what tapes could be presented. I believe he nixed most - and said at one point "He (Rod Blagojevich) can speak for himself here rather than present what he said a long time ago."
More tomorrow. Robert continues on the stand tomorrow.
Sorry - I had technical problems with Twitter this afternoon - hopefully will be back working fine tomorrow. Rod Blagojevich is expected on the stand tomorrow.
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Rod Blagojevich stepped off the elevator this morning - shook and few hands and yelled "Show of hands? Anyone here planning on testifying?"
So as we sat waiting for the Judge to appear, Rod went up to his nephew Alex, his brother Robert's son and said, If this goes south, what size suit do you wear?"
After I took my jaw off the floor, the day began with Robert Blagojevich's wife Julie on the stand. A wife of 33 years she was n the stand for a short time - she said she encouraged her husband to fund-raise for his brother - that it might be an opportunity to grow closer. When she got off the stand her son Alex put his arm around her when she sat down.
Robert came across as a philanthropic, hard-working man who believed in being a "citizen soldier" and had a 17-year military career that included national security clearance involving nuclear missiles.
Robert said he and his brother were very close "tied at the hip. Later they were not close- "He was legal/political and I was military/business."
At one point Robert explained that "the name Blagojevich in Nashville created unique challenges for me" to which I saw Rod Blagojevich chuckle.
Robert's only experience fund raising before coming to Chicago to help his brother was for charitable organizations - the Red Cross ( who had been kind to his dad as prisoner of war and this was a way to give back) and YMCA.
Robert was clear that for him, fund-raising and politics were separate. He said he believed to never condition a fund-raising request on a government action, contract or policy action. "I never did," he said.
To be continued...stay tuned to my live updates onTwitter page at http://twitter.com/Msjournalist
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