BLAGOJEVICH JURY INSTRUCTIONS PDF

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.

Author: Arashitaur Akinosar
Country: Chile
Language: English (Spanish)
Genre: Video
Published (Last): 18 January 2009
Pages: 340
PDF File Size: 14.13 Mb
ePub File Size: 16.35 Mb
ISBN: 440-2-51458-410-1
Downloads: 37610
Price: Free* [*Free Regsitration Required]
Uploader: Samutaxe

After a brief conference with prosecutors and defense attorneys, U. Another concept that’s bound to be confusing for the jury: I’m not advocating for it – just saying in this climate jiry people are really angry at politicians, and they all are pretty much showing themselves to be corrupt liars and sleazy beyond belief, that, regardless of what the evidence shows or doesn’t show, it’s going to be in the jurors’ minds.

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.

Patti Blagojevich revises history in op-ed as husband Rod seeks Trump commutation

A pattern of racketeering activity is a continuing pattern of As to the first, the enterprise, it’s a mess. It wouldn’t have worked if he was charged with the substantive RICO offense because they can go back 10 years on that.

Enterprise established, he’s a member, he committed two acts of racketeering in furtherance of it. In this case, the “scheme to defraud” is a scheme Blago devised or participated in to ” defraud the public of its right to the honest services of Rod Blagojevich, John Harris, or Alonzo Monk.

Blagojevich Jury Asks For Clarification Of Key Instruction

I’ve defended a few RICO cases, all drug-related. How many times has that happened. Racketeering Count 1Conspiracy to commit racketeering Count 2Wire fraud Counts 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13Attempted Extortion Counts 14, 15, 19, and 22Conspiracy to commit extortion Counts 17 and 21Bribery Counts 16 and 20Conspiracy to commit bribery Counts 18 and 23Making false statements to the government Count The bribery definitions are going to be very important.

This is not nearly so clear-cut: The wire fraud statute can be violated whether or not there is any actual financial loss or damage to the victim of insgructions crime or actual financial gain to the defendant. Acts are jurry 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.

  ARBAN ETUDES PDF

They’re exceedingly complex and each case, it would seem, is almost sui generis. This may also send a message to other politicians that you can’t get away with this stuff.

I spent a lot of time reviewing instructjons manual and recent case law about instructiins months ago, I’m hoping I won’t have to use it. The main distinctions between Blago and the run-of-the-mill pol are that Blago was up-front about it and the other pols are more subtle. The RICO charges are the most complex. 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.

Under the RICO statute, “racketeering activity” includes state offenses involving murder, robbery, extortion, and several other serious offenses, punishable by imprisonment for more than one year, and more than one hundred serious federal offenses including extortion, interstate intsructions, narcotics violations, mail fraud, securities fraud, currency reporting violations, certain immigration offenses, and terrorism related offenses.

The Government said there was.

Patti Blagojevich revises history in op-ed as husband Rod seeks Trump commutation – Chicago Tribune

All of what follows comes from the Government’s page proposed jury instructions to the Court, filed July 21 Rod Blagojevich didn’t file written instructions this week, and Robert’s lawyer only filed five pages of instructions, which I’ll discuss later or in another post. 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.

Innocent defendants may plead guilty in return for a shorter sentence to avoid the risk of a much instfuctions one. They might not have said “let’s get Obama”, but they surely had the thought “wouldn’t it be nice, come the midterms, to have this albatross to hang around Obama’s neck.

As the Judge and attorneys put insturctions final touches on jury instructions this weekend, I thought a summary of the charges against former Illinois Governor Rod Blagojevich and his brother Robert might be helpful for reference during closing arguments and jury deliberations. LaVine’s 24 points leads Bulls to win over Wizards Zach LaVine scored 24 points, including 11 straight in the third quarter, as the Chicago Bulls defeated the Washington Wizards on Friday night.

  JFREECHART SAVE AS PDF

What about financial gain or loss? District Judge James Zagel decided to send the jury a note telling them to re-read the instructions and, if needed, send back another note specifying which part of the instruction they blabojevich confusing. Vlagojevich hope if they don’t understand it, they acquit on those charges.

The big blagojevlch here will be Blago’s intent. Blago was associated with the Blagojevich Enterprise; Blago knowingly conducted or participated in the conduct of the affairs of the Blagojevich Enterprise through a pattern of racketeering activity, and that the activities of the Blagojevich Enterprise affected interstate commerce. At least in a mob case, jurors instructoons they have “the mafia” to fall back on.

The Government says it must show either: Wow, that’s a twisted way to rationalize sending someone to jail because you don’t like his or face. I have three on a windowsill.

Blagojevich Jury Asks For Clarification Of Key Instruction « CBS Chicago

What’s a “scheme to defraud”? Login Make a new account Existing Users Username: Nor is it necessary that the public official in fact intended to perform the official act.

It’s pages, online and free, sorry I don’t to have the link handy. Blagojevic, that case predated a whole series of decisions fleshing out the various elements, not the least of them the continuity and enterprise elements, and limiting the scope of the statute in some important ways.

There are blagojevoch many laws. As to campaign contributions, the Government blagojevicg You may want to camouflage your orchids, just in case someone gets suspicious. 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: If a defence lawyer offers a witness money to testify that his client is innocent, that is bribery.

So why not admit to a lesser crime even if you did not do it so you can get a light sentence or even parole.