Will Blagojevich Testify? His Lawyers Aren't Sure Ousted Illinois Gov. Rod Blagojevich may not take the stand in his own defense at his corruption trial, despite earlier promises that the jury would hear from the combative politician. Blagojevich's lawyers are now debating whether to call any defense witnesses at all.
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Will Blagojevich Testify? His Lawyers Aren't Sure

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Will Blagojevich Testify? His Lawyers Aren't Sure



Former Illinois Governor Rod Blagojevich has been saying for months that he wants to tell his side of the story, but it is suddenly unclear whether he will testify when his corruption trial resumes today in federal court. His attorneys can't agree on whether the ousted governor should take the stand or whether they'll call any defense witnesses at all. NPR's Cheryl Corley reports from Chicago.

CHERYL CORLEY: The Blagojevich case has been full of drama - ever since Blagojevich was arrested at his home in December 2008 and charged with fraud, racketeering, attempted extortion and accused of trying to sell the U.S. Senate seat vacated by President Obama to the highest bidder.

After he was ousted from office, Blagojevich repeatedly proclaimed his innocence on talk shows, to reporters, to just about anyone who would listen -as he did just last week in the lobby of the federal courthouse.

Mr. ROD BLAGOJEVICH (Former Illinois Governor): Over a year and a half, I've had to sit back and wait for an opportunity to begin the process of proving my innocence. Now the process to prove my innocence begins, and I will testify.

CORLEY: There was plenty of anticipation yesterday afternoon when it was time for attorneys for the former governor to present his defense. Instead, the jury was sent out of the room, the judge and lawyers huddled in a hushed conversation, and the trial ended for the day.

The Blagojevich attorneys were at odds over whether their client should take the witness stand, and by some accounts were ready to rest their case. Attorney Sam Adam, Sr., speaking outside the courthouse, said there was no reason for Blagojevich to testify, since he believes the government has no case.

Mr. SAM ADAM SENIOR (Attorney): They made these allegations about him selling the Senate seat. They made these allegations about him putting everything in the state up for sale, and they've proven nothing.

CORLEY: Adam said government prosecutors failed to bring forward some of the witnesses they said they would. However, in the opening statement, his son, Sam Adam, Jr., said the former governor would testify, and he says now it may be risky if Blagojevich does not.

Mr. SAM ADAM JUNIOR (Attorney): There's always that danger. We have to weigh the issues and we'll come to an understanding tonight and go forward. The ultimate decider on this is the governor.

CORLEY: And, Adam said, whether or not Blagojevich takes the stand, his client is innocent.

Mr. ADAM JUNIOR: The man hasn't done anything but try to be a good governor. Stupid mistakes? Certainly. Criminal mistakes? Never.

CORLEY: Northwestern University Law Professor Albert Alschuler says defendants often charge the government has not proven its case, so this will he or will he not testify dilemma is not as surprising as it might seem.

Professor ALBERT ALSCHULER (Northwestern University): If the governor were to testify, the cross-examination would go on for days. It would be a brutal process.

CORLEY: The government's case is based on hours of secretly recorded audiotapes of conversations between Blagojevich and his aides, a few of whom testified against him. And Professor Alschuler says prosecutors will want to lead the former governor through every piece of evidence.

There has been a Blagojevich on the witness stand, though. Co-defendant Robert Blagojevich, the former governor's brother, was the head of the Blagojevich fundraising committee. He pleaded not guilty to charges of illegally pressing for campaign contributions, and he testified, sparring with government prosecutors for several hours.

Mr. ROBERT BLAGOJEVICH: Do I feel beaten up? Absolutely not.

CORLEY: But, he said, he couldn't advise his brother whether or not to take the witness stand.

Mr. ROBERT BLAGOJEVICH: Who am I to give him advice? He doesn't listen to me. You should know that by now.

CORLEY: And Robert's attorney, Michael Ettinger, says whether or not jurors get a chance to hear the former governor testify should have no effect on his client.

Mr. MICHAEL ETTINGER (Attorney): They have a separate case. He testified. We rested. Let's go.

CORLEY: What go means in this case is still up in the air and won't be certain until Blagojevich attorneys announce their next move in court today.

Cheryl Corley, NPR News, Chicago.

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