Blagojevich lawyers ask judge to toss charges ahead of opening statements in corruption trial

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Blagojevich lawyers ask judge to throw out charges

CHICAGO — A defiant former Illinois Gov. Rod Blagojevich repeated accusations that prosecutors were hiding behind lies, as his lawyers on Tuesday urged a federal judge to dismiss fraud and racketeering charges against him.

The 53-year-old Blagojevich said he was nonetheless happy that opening statements would take place soon because the public would be able the hear “all the things I’ve been dying to tell you for the last year and a half.”

The former governor has pleaded not guilty to profiting from his power by trying to sell or trade President Barack Obama’s former Senate seat. He also denies that he plotted to turn his power as governor into a moneymaking scheme for himself and insiders.

Just hours before opening statements were expected Tuesday, Blagojevich’s lawyers asked federal Judge James B. Zagel to throw out corruption charges against him, saying they violated his freedom of speech.

The attorneys also filed a motion seeking permission to question one of the prosecution’s key witnesses, Stuart Levine, about matters the judge has ruled out of bounds. They also want the judge to toss out a count that claims Blagojevich made false statements to federal agents.

Heading into the courthouse, Blagojevich told reporters that prosecutors “hid the truth and are keeping it in a locked box.”

He told a reporter, “You get to witness history.”

Over the last three days, Zagel and the attorneys have whittled away at the large jury pool, with Zagel dismissing potential jurors on a variety of grounds. About 50 candidates remain. Zagel said he plans to seat a jury Tuesday morning, with opening statements immediately afterward.

The ex-governor’s lawyer, Sam Adam Jr., prepared to take center stage.

Adams, only in his early 30s, already has a reputation as a theatrical courtroom orator whose shouting, whispering, table-pounding closing argument preceded R&B singer R. Kelly’s acquittal on child pornography charges two years ago.

“Connect with the jury and tell the story,” Adam told a reporter Monday about one of his guiding rules of good opening statements.

Brevity doesn’t appear to be among the others. Adam told U.S. Judge James Zagel the opening statement he planned to deliver could run two and a half hours.

The no-nonsense Zagel, who gave the impression in the first three days of jury selection that he doesn’t want proceedings to drag on unnecessarily, responded that he would give Adam an hour and 45 minutes.

Prosecutors, in contrast, are expected to favor a just-the-facts-ma’am style — laying out their arguments to jurors as well as playing hours of wiretap recordings in cool, calm confidence.

They also expect to be comparatively succinct in their opening, telling Zagel they would need about an hour to address the 12 jurors and several alternates, who are expected to be seated Tuesday morning.

The ex-governor’s co-defendant — and brother — Robert Blagojevich, 54, a Nashville, Tenn., businessman, has pleaded not guilty to taking part in the alleged plan to sell the Senate seat and plotting to illegally squeeze a racetrack owner for a hefty contribution to the Blagojevich campaign fund.

It was Adam’s defense of R. Kelly that sent his stock soaring in legal circles. Jurors appeared rapt as they listened to his emotion-filled, apparently decisive closing. He banged on the jury’s box with his fist, he laughed and pleaded for jurors to acquit his superstar client.

He said after court that he expected to be just as emotional and energetic in his opening statement for Blagojevich.

“I don’t know anything else,” he said. “I’ll be sweating, I’ll be moving.”

That could offer a sharp contrast to federal prosecutor Carrie E. Hamilton, a cool and methodical veteran prosecutor who nevertheless opened the trial of Tony Rezko, one of Blagojevich’s top fundraisers, memorably by describing him as “the man behind the curtain, pulling the strings.” Rezko was convicted of fraud and other offenses.