Litigator’s Playbook:
Blagojevich Verdict Offers Many Questions to Consider
by Jeri Kagel, M.Ed., J.D.
Hello all, and welcome back to our DeKalb County Bar Association online newsletter!
Over the course of my 15 years of trial consulting, litigators and other lawyers have sought my assistance in helping them resolve a variety of issues and difficulties relating to their law practices. The Litigator’s Playbook is designed to bring you some of the solutions, suggestions and ideas that evolved from my work with these attorneys.
This newsletter issue follows closely on the heels of the jury verdict reached in the criminal trial against Rod Blagojevich. The jury convicted the former Illinois governor on only one of 24 charges against him. Jurors reported that 11 of the 12 of them were interested in convicting him on more counts. But one woman held out, apparently buying into the defense theme that “Blago” was a “big talker and nothing more.” While he may have been a big talker, he spoke nary a word at his trial.
Word in some circles is that the trial was won (or lost, depending upon your viewpoint), in jury selection. Others point to the decision to not allow Blago to testify, even though defense attorneys said in their opening statement – and he had said in the media – that he would. Perhaps it was the defense decision not to put up any evidence.
Although only one juror supposedly prevented guilty verdicts on 23 counts, how could one woman overcome the opinions of the rest of the jurors? Or did she? Jurors often hold it against your client if you “make a promise” to them in your opening statement and then do not deliver. So, what happened here? Why were these jurors willing to not hold it against this particular defendant, or uninterested in whether defense attorneys followed through on their promise? Jurors often wonder why someone refuses to speak in his own defense. Why were these jurors not influenced by Blago’s failure to take the stand? And what was the effect of the defense decision not to put up any evidence?
We will explore questions of this nature in upcoming Litigator’s Playbook articles. Be on the lookout for the ones that focus on challenges you face in your practice!
Do you have a particular topic you’d like explored in Litigator’s Playbook? Please email me at jeri@trialsynergy.com.
Jeri Kagel, M.Ed., J.D., is the president and principal trial consultant for Trial Synergy, LLC. Ms. Kagel has her M.Ed. in counseling psychology from Georgia State University and her J.D. from Northeastern University.