Judge orders release of document outlining gov’t evidence against ex-Illinois Gov. Blagojevich

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Judge OKs media access to Blagojevich papers

CHICAGO — A judge on Wednesday ordered the release of a key document outlining the evidence the government plans to present at former Gov. Rod Blagojevich’s corruption trial, dismissing defense attorneys’ concerns that it could prejudice jurors against their client.

U.S. District Judge James B. Zagel issued a one-sentence 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.

“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.

A spokesman for the U.S. attorney’s office, Randall Samborn, said that the office was trying to determine when the proffer would be made public.

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 sealed proffer is 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.