Judge accuses Blagojevich of ‘backhanded play for sympathy,’ but won’t impose gag order

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Judge chides Blagojevich, but turns down gag order

CHICAGO — Rod Blagojevich’s trial judge accused the talkative former governor on Wednesday of making a “backhanded play for sympathy” in comments about a witness’ testimony, but stopped short of imposing the gag order federal prosecutors requested.

Judge James B. Zagel made it plain that he was unhappy with what Blagojevich said to reporters a day earlier after his longtime friend and former chief of staff, Alonzo Monk, left the stand. Blagojevich claimed Monk said “things that he knew weren’t true” and mentioned “the shame his father probably feels.”

“It think it’s essentially a kind of backhanded play for sympathy plus an argument and characterization of the witness entirely without details,” Zagel said.

The judge said he wants statements made by the lawyers and defendants to be accurate, but that a gag order muzzling Blagojevich and his attorneys would be a last resort.

Blagojevich, who often appears eager to talk, left court without comment Wednesday but did pose for photos outside — smiling broadly with his arm around the shoulders of some passers-by while others snapped pictures with their cell phones.

“We have a great deal of respect for the judge, so we’ll show a little restraint,” defense attorney Sam Adam Sr. said.

Blagojevich, 53, has pleaded not guilty to trying to get a payoff such as a high-paying job or a big campaign contribution in return for the appointment to the U.S. Senate seat Barack Obama gave up after his election as president. He has also pleaded not guilty to plotting to use the powers of the governor’s office to launch a racketeering scheme.

On Wednesday, a federal investigator testified that she traced a trail of money from a lobbyist who made a huge commission off the June 2003 sale of $10 billion in state bonds through another businessman to Blagojevich’s two key fundraisers and advisers.

Internal Revenue Service investigator Shari Schindler took the stand as prosecutors focused on $600,000 that businessman Joseph Aramanda, a longtime friend of Blagojevich fundraiser Tony Rezko, received from prominent Springfield lobbyist Robert Kjellander.

Kjellander received an $809,000 commission when Blagojevich and members of his inner circle picked the company he represented, Bear Stearns, as lead underwriter in the bond sale.

But Schindler said that in October 2003, about three months after the sale, Kjellander transferred $600,000 to Aramanda. Prosecutors say the transfer was one element in a kickback scheme.

Kjellander, however, has been accused of no wrongdoing in the case.

Aramanda testified earlier in the trial that the money was a loan arranged by Rezko to help prop up his ailing pizza restaurants. But he acknowledged that on Rezko’s orders he immediately sent most of the money to a group of Rezko associates.

Schindler testified that two of those associates then sent large amounts to companies operated by Rezko and some money then flowed to fundraiser Christopher Kelly.

She said no money was traced directly to Blagojevich but that his wife, Patti, got the first of several $12,000 checks from Rezko’s real estate business soon after Armanda got his money.

In the courtroom, prosecutors tried to literally chart the trail of money for less-than-riveted jurors. A chart with red boxes and arrows was projected on a large screen showing how funds allegedly flowed from the bond deal through Bear Stearns, Aramanda, Rezko and others.

Blagojevich studied the chart, his hand on his chin.

Rezko is now awaiting sentencing after being convicted of launching a $7 million kickback scheme. Aramanda had testified under immunity from prosecution.

If convicted, Blagojevich could face up to $6 million in fines and a sentence of 415 years in prison, although he is certain to get much less under federal guidelines.

The former governor’s brother, businessman Robert Blagojevich, 54, of Nashville, Tenn., has pleaded not guilty to taking part in the alleged scheme to sell the Senate seat and scheming to squeeze a racetrack owner for a $100,000 campaign contribution.