Prosecutors scoff at Blagojevich motion to keep their evidence against him secret until trial

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Feds defend evidence blueprint in Blagojevich case

CHICAGO — Prosecutors on Tuesday scoffed at a request by former Gov. Rod Blagojevich’s lawyers to keep a government blueprint of the evidence against him sealed, saying the defense’s claim that it could taint the jury pool is undermined by Blagojevich’s repeated claims on television that he’s innocent.

In a court filing, prosecutors defended their so-called Santiago proffer as an accurate account of the evidence against the impeached governor as U.S. District Judge James B. Zagel prepared to decide whether it should be unsealed and if so, whether parts should be deleted.

“Notwithstanding the recent airing of a national television show in which he repeatedly claimed his innocence, Rod Blagojevich now argues that he would be unfairly prejudiced by the publication of the actual evidence that will be heard at his trial,” the prosecutors said.

Blagojevich is charged with scheming to sell or trade President Barack Obama’s former U.S. Senate seat and using the power of the governor’s office to illegally pressure campaign contributors.

His brother, businessman Robert Blagojevich, is charged with helping him.

Both have pleaded not guilty and their trial is scheduled to start June 3.

A Santiago proffer is a document prosecutors file in certain complex cases when they hope to persuade the judge to allow them to introduce third-party testimony from coconspirators.’

News outlets scrutinize these filings for any previously unreported evidence. In the Blagojevich case, the Chicago Tribune, the Chicago Sun-Times and The Associated Press have urged the court to unseal the document, saying the public has an interest in knowing about corruption allegations against the former governor.

Rod Blagojevich’s attorney, Sheldon Sorosky, urged Zagel at a hearing last week to keep the document under seal and out of public sight to avoid prejudicing potential jurors.

And his brother’s attorney, Michael E. Ettinger, filed court papers Monday saying the proffer should remain under seal or if it’s not, should be made public in its entirety. Ettinger called the document an inaccurate account of the FBI’s secretly recorded tapes of the former governor’s conversations and reports of witness interviews.

Prosecutors urged Zagel to turn down Ettinger’s motion, saying that even if some prospective jurors could be biased by news accounts of the document, there would be ample time to weed them out in the jury selection process.

They dismissed defense claims that the document represents a one-sided account.

“In fact, the government has provided an accurate description of the evidence it expects to present at trial, and neither defendant substantiated any assertion to the contrary, calling into question their ability to do so,” they said.