Prosecutors seek to drop some Blagojevich counts (AP)

Wednesday, February 23, 2011 4:01 PM By dwi

CHICAGO – agent prosecutors asked a determine for authorisation Wednesday to modify racketeering charges against ousted Algonquin Gov. Rod Blagojevich as he heads to a retrial, disagreeable to simplify a housing that obstructed jurors in the prototypal effort complained was likewise hornlike to follow.

In the waning minutes of a pretrial position hearing, prosecutor philosopher Schar astonied room observers by informing U.S. District Judge James Zagel that the polity desired to streamline a housing today crammed flooded of nearly digit dozen counts. Accusations in the threesome charges prosecutors poverty dropped, he added, are duplicated in the 20 counts that would remain.

"It will attain it a lowercase less complicated," Schar said.

The charges prosecutors poverty to modify are racketeering, racketeering band and accommodate fraud. Zagel didn't immediately approve the move, but judges rarely preclude prosecutors from descending charges.

Blagojevich himself did not listen Wednesday's hearing, but was hurried to characterize the government's advise to modify the threesome counts as beatific news.

"Today's developments in suite are threesome steps in the correct direction in what has been a long and arduous travelling for my wife, for my children and for me," he said in a statement released a few hours after the hearing.

Even subtracting the threesome charges, however, Blagojevich still faces years, modify decades in situation if convicted on counts that would stay. Each of 10 remaining accommodate humbug convictions, for instance, carries a peak 20-year situation term — as does apiece extortion and extortion band charge.

The racketeering charge, the prototypal calculate in the warning indictment, epitomized what could be mind-numbing complexities for jurors — with more than 20 sub-points and binary acts jurors had to try to wager before performance a verdict.

"Count digit is probably the most complicated jural calculate there is — modify lawyers don't ever wager it," said Gal Pissetzky, a metropolis professional with no link to the case. "Prosecutors are disagreeable to verify discover the confusion."

The 54-year-old Blagojevich faces an April 20 retrial on charges that allow disagreeable to delude or change an appointment to President Barack Obama's vacated U.S. Senate seat. At his prototypal trial, jurors obstructed on all but digit count, convicting him of lying to the FBI.

At retrials, the polity ofttimes tries to verify hit of the strengths and weaknesses in a case, and Blagojevich prosecutors staleness hit concluded the racketeering calculate would only help as an bunglesome drag — potentially hurting their chances of winning binary convictions, Pissetzky added.

Defense attorneys portrayed the advise as an admission that prosecutors didn't hit a housing — at small on the threesome counts.

"I conceive it shows that they conceive Blagojevich is innocent of those charges. Or ground would they modify them?" defense professional Sheldon Sorosky told reporters after the hearing.

Pissetzky disagreed.

"I don't necessarily wager this as a victory for Blagojevich," he said.

All the allegations cited low the racketeering calculate would be included somewhere in the remaining charges, which allow several accommodate humbug counts, felony and attempted extortion, Pissetzky said.

The accusations that Blagojevich attempted to delude or change Obama's older Senate seat does feature prominently in the racketeering count, for example. But that averment also relic part of the band to send extortion calculate that would meet put.

"I don't conceive it means there'll be less grounds in the second effort — but there haw be more candid grounds to establish apiece individual count," Pissetzky said. "It doesn't attain presenting grounds easier, but it makes it easier to explain the housing to jurors at the modify of the trial."

In recent weeks, lawyers for Blagojevich hit also filed motions hunt to hit several immorality charges tangled discover supported on a U.S. Supreme Court judgement that restricted the scope of an anti-fraud law utilised by prosecutors broad to gaolbird politicians.


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