Blago Defense Attorney: I'm Willing To Go To Jail
Judge Zagel Sends Jury Home Early After Sam Adam Jr. Says He Is Unable To Follow Ruling
U.S. District Judge James B. Zagel called a sudden end to closing arguments for the day at the trial of former Gov. Rod Blagojevich
, after Blagojevich's lead defense attorney told him he'd be unable to follow a ruling barring him from attacking prosecutors for failing to call witnesses like fundraisers Antoin "Tony" Rezko and Stuart Levine.
"You had an equal right to call them," Zagel told defense attorney Sam Adam Jr.
"We could have called them," Adam said. "But I should be able to go into the fact that they weren't here."
But Zagel would have none of it.
"Usually when a witness isn't called, you want to draw some inference to that about weight of evidence," Zagel said. "The fact that somebody didn't call somebody is not evidence."
He said that information only becomes evidence if defense attorneys were blocked from calling those same witnesses, which was not the case in this trial.
But Adam indicated that he could not present his closing argument without violating Zagel's order.
"I can't effectively represent him this way. I can't follow your order," Adam said.
"If you don't follow that order, you'll be in contempt of court," Zagel said, but Adam said he was willing to go to jail.
Zagel said he would send the jury home until Tuesday morning so that Adam could reformulate his closing argument to conform with his ruling. Otherwise, Zagel said he would consider having another defense attorney present the closing argument for Rod Blagojevich.
"It may be possible for you to designate another lawyer … if you're unable to follow my rulings," Zagel said. "If my ruling is as erroneous as you say it is, then you have other remedies."
© MMX, CBS Interactive Inc. All Rights Reserved. Interactive
