Although Blagojevich is an unsympathetic petitioner, the court should hear his case. The disputed jury instructions pose risks to honest. Rod Blagojevich was convicted of 18 crimes after two jury trials. . But a problem in the way the instructions told the jury to consider the evidence requires us to. All of what follows comes from the Government’s page proposed jury instructions to the Court, filed July 21 (Rod Blagojevich didn’t file.
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Zagel also advised prosecutors and defense attorneys to stay near the courthouse and encouraged them to visit a library so that, if blagojeevich ask for more clarification, attorneys on both sides will be ready to provide it. Mind clearing this up?
In his attorneys’ minds. Is I guess what you would consider the opposite of jury nullification – that blahojevich, the jury, so sick of politicians in general and possibly Blago specifically may look at the evidence and think, “Well, maybe there’s a reasonable doubt, but he’s shady enough to send him blayojevich prison.
Did he have the intent to defraud? It is sufficient if the public official knew that the thing of value was offered with the intent to exchange the thing of value for the performance of the official act. It’s what they should do.
Blagojevich Jury Asks For Clarification Of Key Instruction
If they don’t understand the charge and each element, they can’t apply the law as instructed and the Government can’t meet it’s burden of proof of every element of the crime beyond a reasonable doubt. This may also send a message to other politicians that you can’t get away with this stuff.
According to the Government: I hope the jury doesn’t give up trying to figure them out and put them to the side, deciding to go by their gut feeling of “Did he do it” or “He didn’t testify and explain why he wasn’t guilty. How did your team grade out?
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The bribery definitions are going to be very important.
Count 1 consists of multiple acts involving bribery, wire fraud, and extortion. This group may be associated together for purposes that are both legal and illegal. So that case might not be a makeable one today. That’s similar to 5.
However, the government is not required to prove all of them. For the non-lawyers, an essential element is a predicate act is a separate crime. One of the reasons I took the time to post this 5.
But a prosecutor can legally offer something of far greater value–his freedom–to a witness who says the opposite. Charges and Jury Instructions. So, what is being alleged to be a crime is, in reality, the way politics is done – soliciting and encouraging people to make campaign contributions and twisting arms to pull that off.
An “enterprise” includes any individual, partnership, corporation, association, or other legal entity, and any group of individuals associated in fact although not a legal entity.
ibstructions I spent a lot of time reviewing the manual and recent case law about six months ago, I’m hoping I won’t have to use it. Acts are related to each other if they are not isolated events, that is, if they have similar purposes, or results, or participants, or victims, or are committed a similar way, or have other similar distinguishing characteristics.
All of what follows comes from the Government’s page proposed jury instructions to the Court, filed July 21 Rod Blabojevich didn’t file written instructions this week, and Robert’s lawyer only filed blagojrvich pages of instructions, which I’ll discuss later or in another post.
Breakfast, Brunch and Dim Sum: What are the racketeering acts he’s charged with? Was this guy a member of it?
Blagojevich Jury Asks For Clarification Of Key Instruction « CBS Chicago
According to the Government:. Wire Fraud charged in Counts 3 through 13,and in Count 1, Racketeering acts 3[c];, 4[c];, 6 d6 e6 f6 g6 h6 i6 j6 kand 6 l First, that the defendant knowingly devised or participated in a scheme to defraud the public of its right to the honest services of Rod Blagojevich, John Harris, or Alonzo Monk by demanding, soliciting, seeking, or asking for a bribe, or by agreeing to accept a bribe, in the manner described in the particular Count or Racketeering Act you are considering; Second, that the defendant did so knowingly and with the intent to defraud; and Third, that for the purpose of carrying out the scheme or attempting to do so, the defendant used or caused the use of interstate wire communications to take place in the manner charged in the particular Count or Racketeering Act you are considering.
The Government says it must prove: The defense is unlikely to agree with these definitions, but according to Blago’s attorney yesterday, the Judge accepted all but one of the Government’s instructions so far: Among the 20 charges against Blagojevich are 10 counts of wire fraud, most of which are directly related to the allegation that he tried to sell or trade a U. To back up, I sat down one time and parsed the RICO statute and came up with something like 10 “essential elements”, and that’s not counting the essential elements in the predicate acts.
Assuming the jury finds agrees there was a “Blagojevich Enterprise”, in order to find Blago guilty of racketeering, the Government says the jury must also find:. Kind of a back-door way to make an unmakeable case. A pattern of racketeering activity is a continuing pattern of As to the first, the enterprise, it’s a mess.
But each of the alleged crimes, it seems, is a one-off. I must have hit “insert” rather than “delete” and typed over a sentence or two. No wonder we are 1 Prison Nation. Wow – the hyperbole machine is in complete overdrive today.
An official act is any decision or action on any question which may at any time be pending, or which may by law be brought before the public official in his official capacity or in his position of trust. I don’t see it as a case where a conviction is a slam-dunk.
The jury was unable to reach a verdict on 23 other counts against him. After a brief conference with prosecutors and defense attorneys, U.