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The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

Blagovich may stay silent at trial

Defense may rest without calling a single witness

Former Illinois Gov. Rod Blagojevich arriving at federal court on racketeering and fraud charges  April 14, 2009.  (Associated Press)
Mike Robinson Associated Press

CHICAGO – Since the day federal agents arrested Rod Blagojevich, the ousted Illinois governor hasn’t missed a chance to proclaim his innocence. On talk shows. On stage with the comedians of “Second City.” To reporters while jogging down a snow-covered street – even while chatting with Donald Trump on reality television.

The only audience that matters is the jury hearing allegations that Blagojevich tried to sell or trade an appointment to President Barack Obama’s old seat in the Senate. It’s also the one audience he might never address.

Blagojevich’s attorneys unexpectedly said Tuesday they could rest the defense without calling a single witness – including the former governor – which would leave jurors to hear nothing from him but his voice on profanity-laced wiretap recordings made by the FBI.

Should Blagojevich not testify in his own defense, he would fail to make good on his confident proclamation at the start of the trial that the jury and public alike would hear “all the things I’ve been dying to tell you for the last year and a half.”

Blagojevich’s attorneys said they did not believe the government had proven its case.

It is far from unheard of, however, for defense attorneys to rest their case without calling a single witness.

Before allowing it, a judge usually questions the defendant closely to ensure that he knows what he is doing and is sure of the decision.

Judge James B. Zagel most likely will do that this morning if Blagojevich returns to court determined to have his attorneys rest their case immediately.