In an 11th-hour motion for mistrial, Rod Blagojevich’s defense team has taken Judge James Zagel to task for engaging in “improper credibility rulings and findings of fact during the closing argument.
The motion argued:
“Determinations of credibility and findings of fact are the province of the jury. Throughout the closing argument of Attorney Sam Adam, Jr., the government objected approximately three dozen times, with improper objections. The court, in an apparent endorsement of the government in front of the jury, erroneously ruled on the government’s improper objections, making findings of credibility and fact. This violated Rod Blagojevich rights to due process, a fair trial, effective assistance of counsel and the right to present a defense case, in contravention of the United States Constitution, Amendments 5 and 6.”
It continued: “The government objected to Attorney Adam around three dozen times. The objections were intended only to obstruct and disrupt the closing argument. The government’s objections were disingenuous and misleading.”