Lawyers Gear Up for Blago Arguments

The prosecution looked slightly peeved Tuesday afternoon when Rod Blagojevich’s lawyers indicated that their client no longer intended to take the stand. Presumably, the government had been working particularly long nights in recent weeks, preparing for the former governor to take the stand.

Assistant U.S. Attorney Reid Schar, the lead prosecutor in the case, shot an icy glare at the defense table after the Blagojevich team revealed its change of plans during a sidebar.

But the shorter than expected trial — the defense rested Wednesday after just seven weeks — means prosecutors won’t have to worry about the details of the case being lost in the jurors’ minds, says former federal prosecutor Joel Levin.

Levin, now an attorney at Perkins Coie, handled closing-argument duties in the corruption trial of former Gov. George Ryan. In that case, Levin says the jury’s memory was an issue, and prosecutors spent numerous hours in closing arguments simply recalling the details of the case that had been introduced in the preceding six months.

Schar and Chris Niewoehner are expected to make the government’s closing arguments in the Blagojevich case. Assistant U.S. attorney Carrie Hamilton handled the government’s opening remarks.

“The government needs to confront the fact that many of the defendant’s acts and conversations did not result in the intended result,” said former federal prosecutor Jeff Cramer.

“While arguments are always important, they are particularly important in this case–which is based mostly on attempts and conspiracy— because the jury doesn’t really understand yet what they need to find to determine Blagojevich guilty,” said former Assistant U.S. attorney Patrick Collins, the lead prosecutor in the Ryan case.

Levin says one thing prosecutors likely won’t bring up to the jury is Blagojevich’s decision not to take the stand after his attorney promised in court that he would.

“It is just very dangerous to tread in that,” said Levin. “It is a very treacherous area to be getting into, because the judge is supposed to instruct [the jury] that there is nothing to be inferred” from Blagojevich’s decision not to testify.

As for the defense, it will be up to the boisterous Sam Adam Jr. to see if his oratorical skills, which helped win R&B singer R. Kelly an acquittal in his child pornography trial, will work in a federal political corruption trial.

“We lawyers always like to believe that the closing argument is the most important of the trial,” said veteran defense attorney Ken Cunniff. “The fact is that the jurors pay attention to the facts as they were presented.”

“A brilliant final argument can surely help move a wavering juror,” said Jeffrey Urdangen, a Northwestern University law professor. “I do not believe, however, that summations win cases. It’s evidence, not rhetoric, that almost always determines the outcome in a criminal trial.”

Closing arguments are scheduled to begin on Monday.