My thoughts on covering the Blagojevich Trial/300 hours and counting

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.

 

Comments

[Eric Zorn]

I liked the part in yesterday's closing when the prosecutor talked about the recordings we DIDN'T hear, the ones in which Blagojevich disavowed corrupt dealings. I wish there were a transcript of the arguments floating around for free -- do you know if anyone's posted it?
Interesting post, and I, too, thank you for the tweets that allowed those of us less diligent than you to follow the trial minute by minute.

[Susan Berger]

Thanks Eric. Will look for the transcript. And thanks for your support - its been quite the experience

[Dan]

Susan Berger: I am disappointed my previous comments were deleted. Bear in mind, the jury instructions are faulty at points and they must recuse themselves or break the law. The government lacks credibility and though Blagojevich is guilty of crimes, the government lacks credibility and has proven in the past to have contaminated evidence. They can only prove some crimes due to logic and logic alone.

The government in Cook County is corrupt and America must face reality. The answers to restoring solvency and credibility to the state of Illinois and cook county is to remove the cancers and seek noticeable change......at least until we can figure out a way to return to the ways of old if it produces the desired results. However, let Americans not be swayed by corrupt practices and wishful thinking that falsehoods make for acceptable governance. I assure the readers, if people think Blagojevich is bad news, and he is, the law enforcement community in Illinois is just as bad and has ongoing criminal activities.

Read the jury instructions and you will make the connections. Trust that the evidence presented and the judge silencing sam Adams sr. on his motions, the objections constantly adhered to against the defense was not manipulation to an extent? I am sorry, but the dirkson federal crowd has turned their environment into the best little whore house in Chicago.......

[Diane]

I may be just as naive as they paint blagojevich to be, but this is what I really think: that man is not 'working the crowds'- that man is merely being himself;that man is being what what we rarely see these days in anyone: he is being 'real'. This man really cares about people. I believe him when he says that. I read his affidavit. He sounded extremely frustrated because he knew he was getting bad press and might be impeached (this was before his arrest or knowledge of his phones being tapped). Because of his frustration he didn't know what to do, and of course called up the Tribune that was dissing him to see if there was a way he could get a good word from them. His converstations just seemed like he was frustrated, not trying to make an illegal deal. And this is a guy who seems to just speak off the top of his head, and seems a bit immature, but in all that his is being simply real, a person concerned about the people AND his family as well. Most politicians wouldn't say outloud, 'give my daughter this position and I will support you' -it just happens that way. Blagojevich actually said outloud, you care about us and we will care about you- but not in a crooked way- just in the way most people do but do not speak it outloud. (Not that I agree with it but that is the way I have seen happen in life. Think about it so have you, not just in politics but all over in every sector, even religion!) He sure doesn't seem like a conniving crook to me. Like I said, maybe I am wrong, but that is my impression.
When I first encountered his language I was taken aback by it. But even HE was taken aback by hearing his own voice. I think after having to listen to himself in a court of law he realized it was wrong- he actually apoligized to people about it. I think he figured it out at that moment- that integrity also involves the way you come across. He has a lot of lessons to learn in life, and experience to gain, but I don't think shedding dishonesty is one of them. Like I said, I might be wrong, but I am looking at this from the way it strikes me.

[Dan]

Well Diane, he is a study in contrasts. Superbly educated in excellent schools, a working class kid with excellent ability, it is hard to pinpoint what drove him to financial excess and over the top greed since the tapes revealed a desire to just get out of Illinois and away from the General Assembly and Mike Madigan. I can assure you that Chicago is a corrupt town and friendships are few and far between. It is run by those who are in it primarily for the money and for a price agree to carry on this way for life. I found telling, and chillingly revealing the airy toned down volume of his voice , almost like an archealogists discovery of a find several thousond years old, like Tutankomman, or a revelation in knowing one will be able to provide for their family for life upon receiving an inheretence, after their death, the theme driven home in the prosecution's opening for the closing argument in reference to the alleged attempted selling of the senate seat. " I got this thing.....and it's f----'n golden......" Logic alone dictates where this man was coming from because he enabled criminals to practice UN MOLLESTED for years as did the Dirkson federal crowd. Unfortunately for Dirkson and the judge, the jury instructions place them in a position to having to agree to the stringent instructions and break the law BECAUSE of the prosecution's past record of contaminating evidence, and the refusal to go along places the jurrors in contempt. It is the SPECIFICS, (counts) that are called into question and IF the former governor recanted at any point. Keep in mind the case that was decided next door to Blagojevich, the John Burge case. I don't even want to get into it. I know if I were serving on a jury I would seek to recuse myself because this government botched up the case by witholding evidence in motions and the Judge allowing it. Give the defense the tapes they seek.......honor their subpoenas.....the government will still prove a pattern of corruption. I just will not speculate as to when or if the former governor had a change of heart if the defense is not satisfied with the motions they filed, in their handling of them by the courts and the taped evidence.

This has been a tragic development.

[Diane]

If you read his book you will discover that Mike Madigan was his number one enemy. I think the Governor felt totally intimidated by him, and he clashed in personality so badly with him from the start he didn't even give him a chance to work with him. But From how much Rod disliked Mike (and thought MIKE was corrupt), I can see why he wanted to get away from Chicago. Also, he claimed that the whole machine was corrupt and this was why he wanted to get away so badly as well. It seems like he would have liked to stand against the corruption but he was only one man. I am not sure why a man would choose to raise his children in Chicago.

You are right that his famous golden statement sure sounds corrupt- but we really don't know what he meant by that - just that he did not want to give it up easily and it was his ticket to even avoid impeachment- so it was 'golden' in many respects. I agree his language colors the whole picture and makes his intentions seem like they must be corrupt. But I know people who can swear a streak and come across with the 'mafia' image- but they aren't corrupt- just came from a particular background. Anyway, I totally take into consideration what you have to say about Chicago and everyone in it being corrupt. I hope the jury will be untainted and objective and will be able to reveal the whole story. Wether he is found guilty or not guilty, the real issue will never be put to rest- it sure has revealed a huge split in how perceptions of people can vary so greatly. But perceptions aren't the law, and I think people in Chicago probably have a better idea than anyone what the truth is. I can't even presume to know. I'm an optimist and always like to see someone as upright until I have undeniable evidence that they are guilty. In this case maybe that will never happen.

[Dan]

I could not copy and paste jury instructions, however, enter in your filter Blagojevich jury instructions. find them at cbs2chicago.com-a link.