Federal judge says former Illinois Gov. Rod Blagojevich will face retrial early next year

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Rod Blagojevich headed for retrial early next year

CHICAGO — By dropping all charges against Rod Blagojevich’s brother on Thursday, the federal government removed what had become an obstacle to their primary mission: convicting the impeached Illinois governor in a retrial now set for early next year.

Jurors who deadlocked last week on all but one of 24 charges in the first trial described the case against Robert Blagojevich as by far the weaker of the two. And they said the former Army officer presented an earnest, sympathetic figure when he insisted on the witness stand that he and his brother did nothing wrong.

Robert Blagojevich’s attorneys said prosecutors first signaled their desire to simplify their strategy on Wednesday when they privately offered to separate his case from the former governor’s. Still, he was surprised when the government dropped the charges instead.

“When it comes to my brother I’ve become accustomed to being an afterthought,” Robert Blagojevich said while celebrating at his son’s Chicago condo. “I’ve been an afterthought in this whole trial, this whole process. I was a very small part of the six-year investigation.”

Legal analysts said it was a rare but strategic step by the government.

“It is a very smart move on the part of prosecutors,” said Bill Healy, a Chicago-based jury consultant. “This should really worry Rod, because they can focus like a laser on him now. The prosecution’s going to have a stronger case the second time ’round.”

Judge James Zagel said Rod Blagojevich’s retrial will start the week of Jan. 4, but did not set a specific date. He said he probably won’t allow the former governor more than two taxpayer-funded lawyers when the case begins anew — though he might allow more if lawyers volunteered or were financed by a benefactor.

Rod Blagojevich’s attorneys argued that he needed the half-dozen attorneys he had during the first trial, and said afterward they would meet with him before deciding on any changes to the defense team.

In court, prosecutors said their decision to drop charges against Robert Blagojevich was based on his less central role in alleged schemes to sell or trade an appointment to President Barack Obama’s old Senate seat and to pressure people for campaign donations.

Some jurors said the panel was close to acquitting Robert on at least one count and were split on another three. A few said they did not want to see him retried.

Robert Blagojevich’s first reaction to the news was, “Oh my god, you’re kidding!” his lawyer, Michael Ettinger, said. Blagojevich’s wife broke down in tears when she heard.

He had not heard from his brother three hours after the charges were dropped, though the former governor left a voicemail about an hour later. While the two have had a strained relationship, Robert Blagojevich said he felt bad for his sibling.

“The government failed to prove their case against my brother,” he added. “With the exception of one charge, he’s now a convicted felon. … He’s been impeached, he’s been shamed, he’s been disgraced as a governor — I don’t know how much more you can do to a guy.”

Robert Blagojevich worked as his brother’s campaign manager for only four months in 2008. The Republican had been a successful banker and retired Army officer living in Nashville, but said he went to work for the Democratic governor out of family solidarity.

He was seldom heard on the FBI wiretaps that were central to the case. Testifying at the trial, he denied allegations that he helped his brother scheme to benefit from his public office, and portrayed himself as left out of his brother’s most intimate dealings. Another witness, noting Robert’s relative lack of importance, said his desk was the corner of a conference table facing a sink.

“What happened to my brother should have never happened, and I can’t begin to tell you how happy I am for my brother and for his family that this nightmare for them is finally over,” Rod Blagojevich told reporters.

Robert Blagojevich said he had an inkling that prosecutors were wavering when they called to propose separating the cases. He said his attorneys declined, but were encouraged by it.

“I know that he and I did nothing wrong together,” Robert Blagojevich said when asked if he believed his brother was innocent of the charges against him. He added that it will be up to a jury to determine.

Another of Robert Blagojevich’s attorneys, Cheryl Schroeder, speculated that prosecutors were eager to have Robert out of the way when they tried his brother because he distracted jurors and made a conviction against Rod more difficult.

The former governor’s attorneys have raised the possibility of Robert testifying on behalf of his brother.

Ettinger said Robert Blagojevich does not want to testify against his brother. While he would have to obey any subpoena, Ettinger said he could invoke the Fifth Amendment to avoid self-incrimination.

The jury foreman from the first trial said he was pleased about prosecutors dropping the charges.

“I didn’t think he was innocent by the letter of the law — but as far as justice is concerned, I am relieved,” said James Matsumoto. “For two years he had suffered and I think that’s enough.”

Matsumoto agreed that it now could be easier for jurors to convict the former governor.

“There wouldn’t be the sympathy for Robert — and that complicated deliberations at the first trial,” he said.