At this point of Blagojevich II where there isn’t much going on in front of the public, exciting or interesting bits are hard to come by.
Last week the jury asked the judge for clarification of the third proposition of the wire fraud counts charge. They constitute half of the charges against Blagojevich. I still remember reading and re-reading the jury instructions, trying to come to an understanding of what it was that we, as a jury, were being asked to decide on. I haven’t seen the final version of the jury instruction but it probably looks like the prosecutions proposed version for this trial. The proposition to be proven reads: “…the scheme to defraud involved a materially false and fraudulent pretense, representation, promise, or concealment…” and continues to the fourth proposition.
The jury needs to look at the shakedown scheme being charged in the indictment and decide if this particular proposition was proven by the prosecution. “Materially false and fraudulent…”: I still feel the need to roll my eyes inside my head. But the law must be precise. That’s why you hire the best lawyer you can to represent you in any kind of court. They understand what needs to be understood.
This jury’s job isn’t significantly easier than Blagojevich I’s task. In a moment of pure ignorance, I thought it would take less time to come to a decision. Another guess made without using any thought process would be that it, the verdict, will be sometime this week, maybe Thursday. Come on, jury and show me wrong and decide by the end of Monday. It would serve me right to try second-guessing something that I haven’t an inkling as to what is going on. This jury isn’t the same as the last. They are unique. They’ll do what needs to be done to the best of their ability. Bloggers blab because it is easy. We don’t have to decide on a person’s future.