Jurors sworn in for corruption trial of former Ill. Gov. Blagojevich, opening statements later

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Jury sworn in for trial of former Gov. Blagojevich

CHICAGO — The judge in the corruption trial of Rod Blagojevich swore in the jury Tuesday after postponing a decision on a request by the former governor’s attorneys to dismiss the fraud and racketeering charges against him.

Judge James B. Zagel says the jury will hear opening arguments in the afternoon. Including alternates, the panel has 11 women and seven men.

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.

In his instructions, Zagel told jurors that the burden of proof is on the government. And he told them to keep an open mind and not to form conclusions until they begin deliberating at the end of the trial.

Blagojevich appeared upbeat earlier as he made his way through the courthouse security and addressed reporters. The 53-year-old said he was happy that opening statements would take place soon because the public would be able to hear “all the things I’ve been dying to tell you for the last year and a half.”

Heading into the courthouse, Blagojevich said prosecutors “hid the truth and are keeping it in a locked box.” He told a reporter, “You get to witness history.”

Blagojevich’s lawyers had asked Zagel earlier Tuesday to throw out the corruption charges against him, saying they violated his freedom of speech. The judge postponed action on that and other defense motions.

Defense attorneys sought permission to question one of the prosecution’s key witnesses, Stuart Levine, about matters the judge has ruled out of bounds. Levine, a former millionaire attorney, was a star witness at the trial of political fixer Tony Rezko under a plea bargain with prosecutors. Blagojevich’s lawyers also asked the judge to toss out a count that claims he made false statements to federal agents.

Zagel was firm, though, that opening statements would be Tuesday.

“We are going to have opening statements today — and since you are going last you might want to shorten yours,” he told one of Blagojevich’s attorneys, Sam Adam Jr., who is known for his theatrical style.

Adam had asked for two and a half hours for his opening.

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, had said Monday that Adam would get an hour and 45 minutes.

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 has said that he expects 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.”

Prosecutors, in contrast, are expected to favor a just-the-facts 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 jury.

Federal prosecutor Carrie E. Hamilton is a cool and methodical veteran prosecutor who nevertheless opened the trial of Rezko, one of Blagojevich’s top fundraisers, by describing him as “the man behind the curtain, pulling the strings.” Rezko was convicted of fraud and other offenses.

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.

Interest in the trial was high. The main courtroom and another overflow courtroom with audio feeds from the trial were filled to capacity.