Document released outlining government’s evidence against ex-Illinois Gov. Blagojevich

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Key gov’t document released in Blagojevich case

CHICAGO — A judge ordered the release Wednesday of a key document outlining the evidence federal prosecutors plan to present at former Illinois Gov. Rod Blagojevich’s corruption trial, dismissing defense attorneys’ concerns that it could prejudice potential jurors.

U.S. District Judge James B. Zagel issued an order on the court Web site granting immediate access to the so-called Santiago proffer to three news organizations that sought access to it — The Associated Press, the Chicago Tribune and the Chicago Sun-Times.

In a statement accompanying his order, Zagel dismissed defense attorneys’ concerns that releasing the document so close to the June 3 scheduled start of the trial could unfairly influence potential jurors. The 91-page document was released in its entirety.

“Disclosure of written material a month and a half before the beginning of trial does not come close to presenting a significant threat that a fair jury cannot be found,” Zagel wrote.

“The words in papers and magazines and the words read by an anchor on radio or television will not be retained in significant detail by members of the public,” he wrote.

Prosecutors outlined much of their case against Blagojevich when they charged him in December 2008 with trying to sell or trade President Barack Obama’s former U.S. Senate seat, illegally pressuring potential campaign donors for money and other charges.

But the Santiago proffer was expected to show yet undisclosed evidence prosecutors used to come up with the charges against the former governor. Prosecutors file such proffers to try to persuade judges to allow them to introduce testimony from coconspirators that otherwise would be ruled out.

In asking the court to unseal the document, the three news outlets argued that the public has an important interest in knowing about charges of corruption against a former governor and thus should be able to see the government’s proffer.

Attorneys for Blagojevich argued that the document is inaccurate and one-sided and thus would leave potential jurors with the wrong impression — something the government disputed.

Blagojevich’s brother, businessman Robert Blagojevich, is charged with helping him.

Both brothers have pleaded not guilty to the charges against them, and both deny any wrongdoing.