Unable to reach a unanimous decision on several counts in the corruption trial of Rod Blagojevich, the ousted former governor of Illinois, jurors sent a note late on Wednesday to the presiding judge asking for advice.
It was the 11th day of deliberations and Judge James Zagel told lawyers for the defense and prosecutors that he would advise the jury to keep working to reach at least some consensus.
According to the note the judge read to the court, the jurors said: “We must now ask for guidance” because we are “in a situation where jurors cannot agree on a unanimous decision.”
“What should the next step be?” they asked.
Zagel said that he would ask the jurors for clarification on the points of contention, but that his advice would be for the jurors to decide whether they could reach a verdict on any or all charges.
Blagojevich, 53, is charged with 24 criminal counts, including racketeering and bribery. He listened to the judge on Wednesday with a somber face and pursed lips after bounding into the courtroom in his typically upbeat fashion, telling members of the media: “I missed you guys.”
Blagojevich has pleaded not guilty on all charges, including charges of trying to sell or barter US President Barack Obama’s vacated Senate seat.
The jury had not communicated with Zagel for more than a week and speculation about whether it was deadlocked had been swirling around the federal courthouse all afternoon.
The note, which provided only a tiny, unclear glimpse into the jurors’ deliberations, seemed to suggest that the discord was not heated.
“Without rancor” is how the jury described its discussions in the note.
“The jury room has always been quiet and the jury is, at least from my point of view, exceptionally disciplined,” Zagel said.
A lawyer for Blagojevich’s older brother and codefendant, Robert Blagojevich, who briefly served as a fund-raiser for the former governor and is charged with five criminal counts, said he did not understand the jury’s note.
“My guess is they’re hung,” attorney Michael Ettinger said.
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