Blagojevich retrial looms; will it be different?

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http://ca.news.yahoo.com/s/capress/100818/world/us_blagojevich_trial

Blagojevich retrial looms; will it be different?

54 minutes ago

By Tarm, The Associated Press

CHICAGO - " Blago on Trial, The Sequel " promises to be as circus-like and nearly

as expensive as the first trial of the former Illinois governor. And in a state

with a huge budget deficit, some people would prefer not to see it at all.

But the next round could also look different if prosecutors adjust their

strategy after listening to jurors who deadlocked on all but one charge against

Rod Blagojevich. And despite their defiance after the verdict, defence attorneys

could offer a few surprises too — if they are still on the job.

Could prosecutors decide to call witnesses such as White House Chief of Staff

Rahm Emanuel? Could the defence finally put Blagojevich on the stand?

Asked the latter question, Blagojevich attorney Sheldon Sorosky said, " The

answer to that is, absolutely yes. It doesn't mean he will. But he could. "

Prosecutors plan to retry Blagojevich on charges that include allegations he

tried to sell President Barack Obama's old senate seat. U.S. Attorney

Fitzgerald said the prosecution is nearly ready to start jury selection, and the

presiding judge set a hearing on the matter for Aug. 26.

Blagojevich attorney Sam Adam Jr. blasted Fitzgerald for insisting on a second

trial, questioning the expense. His father, also named Sam Adam, called

Fitzgerald " nuts. "

" I wish this entire group would go upstairs and ask Fitzgerald one question: I

understand he's got an important job, but why are we spending 25 to 30 million

dollars on a retrial? You couldn't prove it the first time, " said Sam Adam Jr.,

who did not explain how he arrived at that figure.

But it's unknown whether either of the two flamboyant lawyers will still

represent Blagojevich in a second trial.

According to Sorosky, all of Blagojevich's attorneys who went through the

just-ended trial want to stay with him. But money, as well as various legal

requirements, may determine whether that happens.

To pay his legal bills over recent months, the judge permitted Blagojevich to

dip into a campaign fund dating back to his time as governor. But Sorosky said

that well has run dry.

So Blagojevich's attorneys may have to be paid as public defenders using tax

dollars — at a rate of around $100 an hour, Sorosky said. That may lead the

judge to try to cut Blagojevich's legal team from more than half a dozen

attorneys to just two or three.

Another consideration, he said, is that all of Blagojevich's current lawyers

have pushed aside dozens of other cases to represent the former governor.

" We have other clients and other judges screaming at us, saying, 'Hey, what

about our case? " Sorosky said. Some clients have had to wait in jail.

A lot depends on how prosecutors alter their approach. Many adjustments are

likely to be small, addressing what many jurors complained was a complex,

hard-to-follow case.

" They have to listen to what jurors are saying, " said Jeff Cramer, a former

federal prosecutor. " If they are saying it's not clear ... prosecutors may need

to lay out a clearer road map. "

They may also want to simplify the overlapping, interlocking counts, Cramer

said. Other prosecutorial changes may be more far-reaching, like calling

witnesses who, like Emanuel, were not summoned for the first trial.

In the first trial, the defence did not put on any witnesses at all, choosing

instead to rest their case immediately after prosecutors concluded seven weeks

of testimony.

After Sam Adam Jr. promised jurors Blagojevich would testify, the defence

ultimately decided not to put him on the stand, arguing that there was no case

to answer to.

Sorosky said they may well do things differently at a retrial — depending on how

prosecutors alter their attack.

" We respond to the offence, " he said. " So you may have a different defence in a

different situation. "

If the current defence team stays together, Sorosky said, they could be ready

for another trial in months. New defence attorneys might need more than a year

to be ready.

At least some jurors want to see another trial.

" I'm glad there is going to be one, " juror , a 60-year-old from

suburban Chicago, said Wednesday. " I don't feel it's finished. "

___

Associated Press Writer Carla K. and AP Video Journalist Mark Carlson

contributed to this report.