Claiming that Rod Blagojevich‘s rights to a fair trial have been violated, lawyers for the ex-governor filed another motion for mistrial Friday. The filing comes one day after Judge James Zagel agreed to admit only 12 of the 38 wiretapped recordings the defense had requested to play in the ex-governor’s political corruption trial.
Blagojevich’s attorney Sam Adam Sr. argued that by not allowing the full allotment his client’s Fifth and Six Amendment rights were violated.
“From the beginning of this case,” the motion reads, “when Rod Blagojevich, a twice-elected sitting governor was arrested and taken from his home in the early morning hours of December 9, 2008, Blagojevich has sought to let the public hear the secretly- recorded FBI wiretaps that were the catalyst for his arrest.”
According to the defense counsel, the FBI originally wiretapped “approximately 5,500″ conversations that totaled over 300 hours. The U.S. Attorney’s office has not publicly stated how many recordings it had through discovery.
Blagojevich’s attorneys have told the court that he will testify in his own defense and will raise the advice-of-counsel defense. Zagel has indicated that this will be a difficult defense to make, considering that aides and advisers who Blagojevich spoke with about the Senate seat, a racetrack bill, a capital bill, among other things, were not serving in the formal role of attorneys.
“Throughout the tapes offered by the defense are conversations where Blagojevich provided facts to his lawyers, and sought advice,” the motion said. “Tapes also demonstrate Blagojevich’s reliance on that advice, and on the advice of other advisors. Blagojevich objects the court’s denial of his request to play these tapes as well, as they too go to his state of mind.”