Rod Blagojevich Gets 14 Years Again At Resentencing
CHICAGO (CBS) -- A federal judge declined to reduce Rod Blagojevich's 14-year prison sentence Tuesday, despite the former governor's apology from prison.
U.S. District Judge James Zagel imposed the same sentence after a nearly two-hour hearing in federal court downtown. As federal law requires him to serve at least 85 percent of his sentence, Blagojevich will be able to go free in 2024.
Blagojevich -- dressed in a green prison uniform, his dark hair turned white as he appeared via videoconference -- admitted he made many mistakes, including the way he fought back against the charges.
"I recognize my words and actions led me here. … I'm sorry. I wish I could turn the clock back and make different choices," he said. "I apologize to the court."
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Assistant U.S. Atty. Debra Riggs Bonamici, however, later said Blagojevich "has never acknowledged his criminal conduct," and has admitted only to making mistakes he has made. She said, unless Blagojevich can accept responsibility for breaking the law, "there can be no rehabilitation."
Zagel agreed and said the fabric of the state remains torn by Blagojevich's crimes.
The former governor already has served more than four years of his the 14-year sentence.
His wife, Patti, said the family was shocked by the judge's ruling.
"Once again, unfortunately, I have to express our profound disappointment in the rulings by Judge Zagel today. From our point of view, and the point of view of thousands of people that have reached out to me over the last four years, we find his sentence unusually cruel and heartless and unfair," she said. "I'm dumbfounded and flabbergasted at the inability for the judge to see that things are different than they were 4 ½ years ago, and his unwillingness to bestow even the smallest amount of leniency or mercy or kindness."
Blagojevich's brother, Robert, said he was "extraordinarily disappointed" in what he called an "egregiously high sentence."
"When I look around the country, and I look here locally, even other people who have been convicted of crimes where they enriched themselves – in Jesse Jackson [Jr.]'s case, $750,000, and he only gets a year and a half – there is a great disparity of equal justice, sadly, in my brother's case, and it concerns me as an American citizen," he said.
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Robert Blagojevich was tried alongside his brother at the first trial, which resulted in a hung jury. Federal prosecutors later dropped all charges against Robert, and tried Rod alone, winning convictions on 18 corruption counts.
The former governor's brother said the judge should have given Rod greater consideration.
"What I saw in that courtroom was someone who was contrite, took responsibility for what he did, and is trying to make the best of it while he's incarcerated, and has not lost his bond with his children; which, to me, is a real sign of his character," he said.
Although both federal prosecutors and the judge noted Rod Blagojevich did not explicitly acknowledge breaking the law, Robert said he believed his brother admitted responsibility for what he did.
"You know, if he needed to get on his hands and knees to make the point, then maybe he should have done that, but it was clear to me by listening to him and the arguments by his counsel that he did admit that he made mistakes and was wrong. He's been punished for that," Robert said.
The former governor's two daughters, 20-year-old Amy and 13-year-old Annie, pleaded with Zagel for leniency during the hearing. Both read letters about how much they have missed their father. Their father appeared to sob as they asked Zagel to have mercy on him.
"I know this kills him. I know there is nothing he wants more than to be part of our lives," Amy said. "He has never given up on us and we will never give up on him."
"I need him more than ever," Annie said.
Zagel said he does not doubt Rod Blagojevich cares about his family, but said the fault for his crimes lies with the former governor.
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Defense attorney Len Goodman acknowledged Blagojevich's actions were wrong, but said they were not crimes meant to enrich himself or his family. He said the former governor never took a bribe, or accepted a gift from a political supporter or patron.
However, Zagel said "I don't draw such a clear moral distinction" between breaking the law in an effort to enrich himself personally and doing so to advance his political agenda.
Goodman also said Blagojevich is a different man after more than four years behind bars, and has "made extraordinary effort to be better" and make his family proud while in prison.
"The arrogance and anger are no longer present in this man," he said.
More than 100 of Blagojevich's fellow inmates wrote letters on his behalf. Goodman said Blagojevich has been a model inmate, has shown a willingness to help other inmates.
Zagel, however, said the inmates only know Blagojevich from inside prison, not as the man he was before, and that his behavior the past four years does not outweigh the seriousness of his crimes.
After two trials, Blagojevich was convicted on 18 corruption charges, including allegations he tried to sell or trade an appointment to the vacant U.S. Senate seat once held by President Barack Obama shortly after Obama's election in 2008.
The 7th Circuit Court of Appeals later overturned five of Blagojevich's 18 convictions, but upheld the remaining counts, and ordered a new sentencing hearing. However, the court said a lesser sentence was not necessary, only that Blagojevich get another hearing in light of the charges that were thrown out.
"It is not possible to call 168 months unlawfully high for Blagojevich's crimes, but the district judge should consider on remand whether it is the most appropriate sentence," the appeals court wrote last year.
