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Blagojevich Jury: Uninimous on Two Counts, Divided on Rest

The Judge in the trial of former Illinois Governor Rod Blagojevich and his brother Robert asked the jury this morning for clarification of their note yesterday. Their answer: They are unanimous on two counts, divided on the remainder, and haven't yet reached the wire fraud counts. Via the Chicago Sun Times:

"Your Honor," their note reads. "In response to your communication of 11 August, 2010, we've deliberated on all acts and counts with the exception of the wire fraud counts. We have reached unanimous agreement on two counts. We have been unable to agree on any of the remaining counts."

The Judge wants to respond: [More...]

"You should deliberate on the wire fraud counts to the extent necessary to enable you to vote on those counts. We recognize that your stated inability to reach agreement on other counts may have established to your satisfaction that you would be similarly unable to reach unanimity on some or all of the wire fraud counts. Nonetheless, a deliberative decision by you on each of those counts should be made, even if it is a decision that you cannot reach unanimity on any of those counts."

Lawyers and the Judge are now discussing the proposed response.

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    I gotta wonder (none / 0) (#1)
    by scribe on Thu Aug 12, 2010 at 02:08:29 PM EST
    if since they say they haven't reached a verdict on the wire fraud counts, how they could reach a verdict (other than not guilty) on the RICO counts.  As far as I can remember, the predicate acts for the RICO counts were all one flavor or another of wire fraud.  As I further recall it, the basis of the honest services counts was that he deprived the people of Illinois of honest services by committing wire fraud.

    So, where are they going?

    Personally, I feel most people are (none / 0) (#3)
    by Untold Story on Thu Aug 12, 2010 at 03:27:45 PM EST
    weary of the twists and turns that cannot be adequately explained, such as, in this case, the many charges that must be hinged together.  

    And, in addition, jury instructions that are ambigious at best.

    It becomes so complicated for jurors to find guilt on some counts if they didn't find guilt on others, and then for them to be unanimous in this maze of confusion.  

    Think it is looking good for Blago at this point.  

    Something tells me (none / 0) (#4)
    by jbindc on Thu Aug 12, 2010 at 03:33:49 PM EST
    And it's pure speculation, that if they've agreed on some counts, those are guilty verdicts, and now they are muddling through the harder ones.

    Doubtful (none / 0) (#5)
    by Jeralyn on Thu Aug 12, 2010 at 04:41:37 PM EST
    but nice try. They said they can't agree on the counts with acts, which is basically all of them.

    They couldn't do guilty on the RICO counts without getting through all the racketeering acts and wire fraud charges, which they hadn't gotten to yet. Much more likely they found no enterprise, the first element of the RICO charges, and thus didn't have to go further on those counts, meaning not guilty on them.

    The only counts that could be an exception is the false statement count, count 24 and that's only 1 count.

    Parent

    Seems like (none / 0) (#6)
    by jbindc on Fri Aug 13, 2010 at 07:28:05 AM EST
    If they already have not guilty verdicts on two counts, they would have run the table.

    Parent