Former Illinois Gov. Rod Blagojevich, who was convicted last month on more than a dozen corruption charges, is seeking a new trial, accusing the judge who presided over his case of bias.
According to the Chicago Tribune, lawyers for the 54-year-old filed a motion accusing Judge James Zagel of prejudicial rulings during Blagojevich's time on the stand despite allegedly assuring the defense that the former governor could testify that he was unaware and was not informed that he was doing something illegal.
Blagojevich was convicted in June of 17 of 20 charges, including trying to sell an appointment to the U.S. Senate seat vacated by President Barack Obama. His first trial last year on similar charges ended with the jury finding him guilty of lying to the FBI and undecided on 23 other charges.
His latest motion resurrects his oft-repeated argument that all federal wiretaps of his phone conversations should have been played during trial.
In pre-trial proceedings in February, he cited a phone call "mysteriously missing" from wiretaps that has an aide negotiating with former White House chief of staff Rahm Emanuel about appointing Illinois Atty. Gen. Lisa Madigan in what he said was a legal political deal. According to his lawyers at the time, the missing call "clearly would provide additional proof that the governor never plotted to sell the U.S. Senate seat."
Jurors found Blagojevich, 54, guilty of the majority of counts against him. These included fraud and attempted extortion for trying to sell or trade the Senate seat Obama relinquished on entering the White House in exchange for campaign donations or a high-paying job.
Randall Samborn, a spokesman for the US attorney's office, declined to comment on the motion. The US government could respond at a status hearing set for next week.
Post-trial motions by the defence are a common way to lay down arguments that legal teams can draw from when they appeal to a higher court. Blagojevich's lawyers had to ask for permission though, for the longer-than-usual filing.
The motion argues that the trial began going awry from the start as the judge, James Zagel, allowed jurors with heavy biases to stay in the jury pool. When there were objections during testimony Zagel almost invariably sided with prosecutors, according to the motion.
"There was a thumb on the scale of justice which resulted in the unconstitutional convictions in this case," the motion says. It also directly accuses Zagel, saying, "This court stacked the deck against Blagojevich."
No sentencing date for Blagojevich has been set. Most legal experts say Zagel is likely to sentence him to about ten years in prison for the recent convictions and his sole conviction at his first trial last year, for lying to the FBI. The initial trial ended in a deadlock, forcing the retrial.
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