Clarity expected from deliberating Blagojevich jury on degree of deadlock
By Michael Tarm, APThursday, August 12, 2010
Blagojevich jurors expected to clarify deadlock
CHICAGO — Attorneys on both sides in the trial of former Illinois Gov. Rod Blagojevich are meeting Thursday to await clarification from jurors about what charges they’re deadlocked on.
Depending on what happens afterward, the trial could wrap up fairly quickly.
A note from them Wednesday hinting at disagreement didn’t say clearly if just a few counts or perhaps even all were in question. Judge James Zagel responded by asking for details. Once he knows more, Zagel could tell jurors to keep deliberating and try to agree any undecided counts.
But if they’ve agreed on most counts, he could simply let jurors announce verdicts on the counts they are unanimous on. That would effectively end the trial.
Blagojevich, 53, has pleaded not guilty to all 24 counts against him, including that he tried to sell or trade an appointment to President Barack Obama’s old Senate seat. Blagojevich’s brother, Robert Blagojevich, is a co-defendant. The 54-year-old faces four counts, and also pleaded not guilty.
Thursday is the 12th day of jury deliberations.
Judges have a lot of autonomy about what to do in case of deadlock over some or all counts, and they are usually inclined to send jurors back to try again. But whether Zagel does that would depend on just how many counts jurors are stuck on, said Michael Helfand, a Chicago attorney with no link to the case.
“Let’s say they’re deadlocked on 22 of 24 counts against Blagojevich — he’ll probably insist jurors go back,” he said. “But if it’s deadlock on four or five — it’s not that big a deal. He might say give it another shot — but the judge won’t be as worried about it.”
Another option would be for Zagel to ask jurors if there’s anything he could provide that might help them reach a verdict — for instance, transcripts of specific witness testimony. They haven’t had any transcripts of testimony during their deliberations to date.
But defense attorneys, who are likely cheered by the prospect of a deadlock, may object on the grounds that might only help the prosecution, said Helfand. The defense rested without entering anything into evidence and without calling a single witness.
Zagel praised the Blagojevich jurors on Wednesday, calling them disciplined and diligent. That may suggest he’ll take them at their word if they say they’ve done everything they can to agree.
But judges usually want clear decisions more than happy jurors.
“Jurors have a hard, thankless job — and you very rarely see a judge that doesn’t treat jurors as well as possible,” Helfand said. “So the fact Zagel praises them, won’t mean he’ll let them off the hook.”
If the judge accepts verdicts on partial counts, they could be read later on Thursday. The judge could also choose to send jurors home, then announce verdicts on Friday.
If jurors are deadlocked on most counts, prosecutors could retry Blagojevich on counts where the jury couldn’t agree, said Helfand. He said that’s likely, especially if there’s deadlock on the most important charges, like racketeering.
