Judge: Blagojevich can’t play all secret recordings at trial; brothers to be tried together

Judge: Blagojevich brothers to be tried together

CHICAGO — A federal judge told Rod Blagojevich on Wednesday that he won’t waste the jury’s time at former governor’s corruption trial by playing secretly made FBI tapes if he determines that those tapes are irrelevant.

U.S. District Judge James B. Zagel said that he might allow Blagojevich and his attorneys to play some of the secret recordings at his trial, but that “the only person who can admit them is me.”

“I will not allow the time of the jurors to be consumed” with listening to irrelevant tapes, Zagel told attorneys at a hearing.

Blagojevich has been lobbying to have all the hundreds of hours of tapes played for jurors, not just portions the government plans to use to build its case. The former governor says jurors will see he’s done nothing wrong if they’re allowed to hear all of the tapes.

After the hearing, Blagojevich said he was “very relieved” his lawyers might be allowed to have some of the recordings played.

“Judge Zagel appears to be a very fair man, a very thoughtful man,” he said.

Zagel earlier turned down a request from Blagojevich’s brother, businessman Robert Blagojevich, to be tried separately.

Robert Blagojevich’s lawyer, Michael E. Ettinger, had argued that the evidence against the former governor could “spill over” and bias jurors against his client.

But Zagel said it was more likely that focusing the blame on the former governor and not his brother would actually work to the advantage of Robert Blagojevich.

Rod Blagojevich is charged with scheming to use his power as governor to fill a vacant U.S. Senate seat by selling or trading President Obama’s former seat and illegally pressuring potential donors for campaign contributions. His brother has been charged with helping him.

Both men have pleaded not guilty and denied wrongdoing. The trial is scheduled to start June 3.

Also Wednesday, prosecutors filed a motion asking Zagel to bar defense attorneys from trying to discredit potential witness Stuart Levine on cross examination by asking questions about his “personal social activities.”

Levine was the government’s star witness at the fraud trial of Tony Rezko, one of Blagojevich’s top fundraisers who was convicted of engaging in a $7 million fraud scheme. He admitted on the stand that he spent many hours at drug-fueled parties using marijuana, cocaine, crystal methamphetamine and ketamine, or “Special K.”

The judge in that case barred Rezko’s attorneys from asking exactly what went on that those parties other than drug taking in large doses.

In a court filing that was heavily redacted, prosecutors asked Zagel to order Blagojevich’s attorneys to stay away from similar matters if they cross examine Levine.

Levine, who was once a millionaire but is now broke, has admitted to a variety of fraud and agreed to help the government in exchange for a 67-month prison sentence.