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Rod Blagojevich expected to face stiff jail sentence

December 07, 2011|By Bob Secter, Jeff Coen, and John Chase | Chicago Tribune
(Charles Rex Arbogast/AP )

Ousted Illinois Gov. Rod Blagojevich said little as he and his wife Patti left their Chicago-area home Wednesday morning on their way to the federal courthouse where he will be sentenced on corruption charges.

Blagojevich walked down the front steps hand in hand with his wife around 9:20 a.m. CST and bid the crush of reporters a good morning as they shouted questions at him.

They both got into a dark car and the former governor waved to reporters and neighbors as it pulled away.

Blagojevich is expected to address U.S. District Judge James Zagel on Wednesday, the second day of his sentencing hearing.

Zagel thenĀ  is expected to announce how long Blagojevich will spend in prison for 18 corruption counts that include his attempt to auction off President Obama's old Senate seat.

Two things were clear Tuesday by the close of the first day of Blagojevich's sentencing hearing: The former governor was likely going to be hit with a stiff sentence, and his legal team had abandoned its early hope of him avoiding prison altogether.

At the same time, Blagojevich's lawyers went to lengths to portray their client as an extraordinarily devoted family man at heart as well as a sensitive, caring politician who deserves leniency.

"Be merciful," Blagojevich's wife, Patti, wrote to U.S. District Judge James Zagel in excerpts from a letter read in court.

"Be merciful," Blagojevich's lawyer Aaron Goldstein repeated as he closed a lengthy argument that for the first time acknowledged wrongdoing by Blagojevich but also sought to minimize the damage it caused.

Zagel will announce how much time to give the ex-governor for convictions on 18 criminal counts involving the attempted sale of a U.S. Senate seat, illegal shakedowns for campaign cash and lying to federal agents.

Zagel made it clear that he plans to take a hard-line approach to interpreting sentencing guidelines, siding with prosecutors in their calculation that Blagojevich hoped to squeeze more than $1.6 million in campaign cash from schemes on which he was convicted. Blagojevich's lawyers argued that the numbers weren't real because none of the money was paid and some of the shakedown targets testified they never had any intention of doing so.

The judge also said he did not buy defense arguments that the impeached governor was manipulated by aides and advisors into committing crimes. Zagel said he considered Blagojevich to be the ringleader of a criminal conspiracy, a designation that can lead to a significant increase in prison time under the guidelines.

Prosecutors are asking for a sentence of 15 to 20 years in prison for Blagojevich, and Zagel's comments suggest he could easily settle on something within that range.

"I do believe that is absurd to contend that his staff and advisors would devise criminal schemes whose only aim was to benefit the defendant," the judge said. "He promised them nothing. He was interested in himself."

It was a deeply chastened and somber Blagojevich who appeared in court Tuesday, a stark contrast to the defendant who entered and left court with a swagger during his two criminal trials. Back then, he acted almost as if he was still in campaign mode, glad-handing supporters in and out of the courthouse, waving to cameras and often stopping to proclaim his innocence and attack prosecutors for persecuting him.

On Tuesday, Blagojevich went out of his way to avoid the limelight. He was ushered in and out of the Dirksen U.S. Courthouse through a passage not accessible to the public and away from the media glare.

Inside court, which was held in an oversize room usually reserved for public ceremonies, Blagojevich was subdued and even looked sullen on occasion. His wife sat on a spectator bench behind the lawyer's table, sometimes tearing up as her brother and sister consoled her.

On Wednesday, prosecutors will get their chance to explain why they think Blagojevich deserves a long prison term. While Blagojevich's lawyers disagree, they also backed off previous public statements suggesting he was a candidate for probation.

When Zagel flatly asked Goldstein if he sought probation for the former governor, the attorney avoided repeating the word and said only that the defense wanted "the lowest sentence possible."

In legal papers filed with Zagel last week, Blagojevich's legal team came close to suggesting that the former governor still considered himself a victim and did not accept the jury's finding. But in court, Goldstein and other Blagojevich lawyers repeatedly sought to backtrack on that, acknowledging for the first time that he committed crimes.

The marquee allegation in the case was that Blagojevich tried to sell the U.S. Senate seat held by Barack Obama before he went to the White House. And Sheldon Sorosky, another Blagojevich lawyer, said the former governor erred when he asked for a job in return for appointing Obama friend Valerie Jarrett.

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