Final candidates selected for Blagojevich retrial jury

There are now enough eligible candidates to fill the jury panel for the retrial of former Governor Rod Blagojevich. Yesterday afternoon, U.S. District Judge James Zagel announced that 45 candidates had passed the initial questioning, which took place over the past five days.

The selection process ran for an unusually long time because a significant number of candidates were already familiar with Blagojevich’s first trial and had to be scrutinized to ensure that they would be able to act without bias.

The group of potential jurors includes a woman who declared “It would probably take a strong case on Mr. Blagojevich’s part to convince me that he were not guilty,” a prosecutor for Cook County, a woman whose family members worked for Blagojevich in the 90s, a federal probation officer, and a man who used Blagojevich’s infamous “f***ing golden” comment as his ringtone.

Candidates who did not make the cut include an employee for the U.S. Justice Department, a former staff member for Zagel, a businessman who had sued an associate of Blagojevich, a hospital inpatient, and a woman who had tickets to the Oprah Winfrey Show.

On Monday, the prosecution and defense will narrow the field down to a panel of 12 jurors and six alternates. Prosecuting attorneys can challenge the capabilities of nine candidates, while the defense is allowed 13 challenges.

Yesterday, attorneys from both sides engaged in two notably heated debates over the eligibility of a pair of candidates.

One potential juror, who revealed that he had been arrested for burglary and stabbing a family member, reportedly left out additional information about his criminal record. Assistant U.S. Attorney Reid Schar said the man also appeared uneasy and withdrawn on the stand.

Defense attorney Sheldon Sorosky argued that the prosecution was trying to disqualify the man because “he’s not someone who would be depicted in a Norman Rockwell painting.”

“We would be developing a class standard if we said this man can’t serve as a juror,” explained Sorosky. “There’s absolutely no reason why this man can’t serve as a juror.”

Schar told Sorosky not to misinterpret his intentions, and Sorosky fired back that the prosecutor preferred jurors who could “speak the King’s English or Queen’s English.”

Zagel had reexamined the candidate’s questionnaire earlier in the week and believed that the man merely forgot some details from his rap sheet and was not intentionally lying. Ultimately, Zagel was concerned about how well the man would fare in remembering details from the trial and dismissed him.

The other candidate was a woman in financial hardship who has two upcoming court appearances. Schar recommended that she be disqualified because Blagojevich’s trial would need to be repeatedly interrupted so as not to hamper her court dates.

Sorosky protested, declaring that the woman wrote on her questionnaire that Blagojevich “is innocent until proven guilty.”

“Of all the jurors, this is the only juror who gave the correct standard and I think that’s what the government is fearful of,” Sorosky stated.

Schar criticized Sorosky, saying “these attacks on the government will get them nowhere” and that the defense should focus on its own opinions. The pair exploded into an argument.

Zagel cautioned Sorosky that he was “crossing the line” by speaking about the intentions of the opposing side. The judge noted that the woman’s court dates were related to her financial burdens and dismissed her.

Later, Sorosky commented that the prosecution had moved to disqualify several minority candidates, including the woman with the court dates. There are fewer than five African Americans candidates remaining.

“That’s always a concern and there’s no doubt that has occurred,” Sorosky said.

Opening statements for the trial are set to begin on Monday after the jury panel has been finalized.