Defense attorneys for ex-Illinois Gov. Rod Blagojevich Wednesday rested their Chicago federal corruption case without calling a single witness. Blagojevich's attorneys told U.S. District Judge James Zagel Tuesday the impeached governor would not testify and they were prepared to rest their case.
Attorney Sam Adam said the government had not proved its case, making a defense case unnecessary. The danger, however, was jurors would resent Blagojevich's decision not to testify despite repeated promises he would -- both from Blagojevich and his attorneys during opening statements, observers said.
Sources told the Chicago Tribune the defense, Zagel and prosecutors discussed the situation during a lengthy sidebar out of earshot of jurors
Tuesday, after which the judge told the defense team to consider the decision overnight.
Several factors went into the decision to reverse strategy, sources told the newspaper, including:
-- Blagojevich's lawyers indicated they thought prosecutors held back part of their case against their client to use against him in what promised to be a bruising cross-examination.
-- Defense attorneys also were operating under the belief that if Blagojevich testified, convicted fundraiser Antoin "Tony" Rezko, who has
cooperated with the government, likely would be called as a rebuttal witness. Sources said Rezko, who allegedly helped Blagojevich scheme to make
money by leveraging the powers of his office, was notified that he could likely could be called on short order.
Among other things, Blagojevich is accused of trying to sell President Obama's former Senate seat to the highest bidder.
If the defense rests Wednesday, it still could argue Blagojevich never meant to commit a crime without worrying about the ex-governor undermining that position, the Tribune said.