Federal Judge James Zagel on Friday denied Rod Blagojevich's last ditch efforts to get his convictions thrown out. In what's become his trademark monotone voice that makes him sound perpetually bored, Zagel spent almost an hour explaining his decisions during the governor's two trials.
Blagojevich's defense attorneys had asked Zagel to throw out the convictions saying the judge was unfair to them and that he forced the governor to testify.
Zagel said Blagojevich was one vote away from being convicted on very serious charges in the first trial, and the hold out juror may have held an honest but mistaken view of political dealing. Zagel said based on that, Blagojevich made the decision to testify because he knew he had to explain disturbing passages on tapes where he sounded like an angry person with an obsessive concern for his personal welfare above all else. And Zagel noted that because of the testimony, several jurors found Blagojevich to be a likable person.
Zagel also said he used a neutral tone when admonishing Blagojevich who often gave long answers that included lots of irrelevent facts about U.S. history. Blagojevich spent seven days on the stand testifying.
Zagel noted that he did raise his voice once when Blagojevich started talking about his cousin who had died at Children's Memorial Hospital. Zagel said he only raised his voice because he had already warned Blagojevich not to discuss that issue. Blagojevich brought up his cousin, ostensibly to explain that he had a long and close relationship with Children's Memorial Hospital and would never try to extort them for campaign contributions, as he was accused of doing. At Friday's hearing, Zagel pointed out that it would be strange for Blagojevich to feel inclined toward the hospital that failed to save the life of his cousin. Zagel said he though Blagojevich was just trying to win the sympathy of the jury.
Blagojevich's sentencing hearing will start Tuesday. Attorneys for both sides said they expected the hearing to wrap up in one day, but Zagel said he's not going to hand down his decision before Wednesday.
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