Prosecutors rest case in Blagojevich corruption trial, defense gets more time to prepare

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Prosecution rests in Blagojevich corruption trial

CHICAGO — Prosecutors rested their case Tuesday in the corruption trial of Rod Blagojevich, after presenting more than five weeks of testimony from some of the ousted Illinois governor’s closest associates and wiretap tapes secretly recorded by the FBI.

The government ended its case by coming back to one of the first examples they raised at the trial — the alleged attempt to extort money from a children’s hospital that treats patients from around the world regardless of the ability to pay.

In some of the trial’s most emotional testimony, Children’s Memorial Hospital’s chief executive Patrick Magoon said he believed Blagojevich was threatening to cancel a state aid increase unless he came up with $25,000 in campaign donations.

“I felt threatened, I felt at risk and I felt a little angry,” said Magoon, the final prosecution witness.

U.S. District Judge James B. Zagel sent jurors home until Monday, a break that will give defense attorneys a chance to round up some witnesses they say did not expect to be on the stand until August and are not available now. Prosecutors had said before the trial that they expected their case, which began the second week in June, to stretch into August.

Blagojevich’s attorney Sam Adam Sr. told reporters after court adjourned that prosecutors hadn’t lived up to what he said were their assurances before trial of overwhelming evidence against the former governor. He cited remarks by U.S. Attorney Patrick J. Fitzgerald following Blagojevich’s arrest that Blagojevich’s actions would make Abraham Lincoln “roll over in his grave.”

“Turns out none of that happened,” Adam said. “And as far as I know — and we checked with the cemetery — Lincoln is still intact.”

A smiling Blagojevich, holding his wife Patti’s hand, said, “I will prove my innocence and I will testify.”

Blagojevich, 53, has pleaded not guilty to scheming to sell or trade President Barack Obama’s former Senate seat for a Cabinet post or other major job. He has also pleaded not guilty to plotting to launch a racketeering operation in the governor’s office.

His brother, Nashville, Tenn., businessman Robert Blagojevich, has pleaded not guilty to taking part in the alleged Senate seat and plotting to shake down businessmen for campaign funds.

The last prosecution witness, Magoon, said that in October 2008 Blagojevich contacted him and said he planned a rate increase that would send an additional $10 million to the hospital. A few days later, he said, Robert Blagojevich left him a voice mail asking for the $25,000 by the end of the year. Magoon said he did not return the call and did not make the contribution.

On cross examination, Magoon acknowledged that the governor never told him the two things were connected or discussed fundraising with him. But he said he feared that if he failed to raise the money “the commitment we needed would be rescinded.”

Earlier, a lobbyist who was for years one of Blagojevich’s closest advisers testified that he became so concerned about the pressure the governor was placing on potential campaign contributors that he contacted the FBI and began cooperating in the government’s investigation.

“I was increasingly alarmed about the level of aggressiveness the fundraising had taken on,” said John Wyma. At the time, he had already received a federal subpoena in connection with his lobbying work on behalf of a group of hospitals regulated by the state.

Wyma testified about meetings in fall 2008 at which he said Blagojevich outlined plans to pressure Magoon and another executive for campaign money while they had business pending before the governor’s administration. Blagojevich wanted to get $500,000 through the efforts of road-builder Gerald Krozel, who was hoping the governor would expand a tollway construction program, Wyma said. And he said the governor wanted $50,000 from Magoon.

“I want to get Magoon for fifty,” Wyma quoted Blagojevich as saying.

Wyma also testified that Robert Blagojevich called and urged him to press Magoon — whose hospital was Wyma’s client — to make the contribution.

“Hey, man, you know I’m jerking your chain but I think they have a potential to do well by us,” Wyma quoted Robert Blagojevich as saying in one phone call. Wyma declined to do so.

Wyma also testified that in November 2008 he received a call from Rahm Emanuel, who was a congressman and is now White House chief of staff. He said Emanuel asked him to make sure Blagojevich knew that the president-elect hoped that his friend, Valerie Jarrett, would get the Senate seat he was about to give up.

That supported earlier testimony from Blagojevich’s former chief of staff John Harris of how Wyma had delivered the message to him that Obama would be “thankful and appreciative” if Jarrett got the Senate seat. But they ignored any Blagojevich offer of a deal.

One of Rod Blagojevich’s attorneys, Sam Adam Jr., said the defense plans to call 10 to 12 witnesses, which they hope will include Emanuel and Jarrett. The judge will make the final decision about whether their testimony would be relevant.

Attorneys for both defendants said they hadn’t made final decisions about which of the separate defense teams would begin, or who would testify first.