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Tag: u.s. attorney heaton

Blago: Just Another Crooked Ill. Pol or Someone to Be Made an Example of?

Ex-Gov on NBC's Celebrity Apprentice

By Danny Fenster
ticklethewire.com

Chatty ex-Ill. Gov. Rod Blagojevich may have gotten an added stretch of freedom when a federal judge  in Chicago decided this week to delay his Oct. 6 sentencing date. But legal observers are convinced the reprieve is only temporary and that he’ll get some serious prison time. Predictions range from 8 to 25 years.

“I’m just giving voice to whats generally been a consensus in the community,” said Rodger Heaton, a former U.S. Attorney for Central Illinois and currently with the law firm Hinshaw & Culbertson, “but I’ve been hearing a projected estimate of eight to fifteen years. Some people have also said ten or 11.”

Dick Simpson, a professor of political science at the University of Illinois-Chicago and frequent commentator on local news, echoes those sentiments.

“My guess is ten to 15 years,” Simpson said in an phone interview. “You have to look at other similar cases, and in particular I’m looking at former Governor George Ryan.” Ryan, the Illinois governor immediately preceding Blagojevich, is serving a six-and-a-half-year sentence after being convicted on federal corruption charges in 2006, though sentencing guidelines counseled for more.

“You have to look at both, and you figure how much worse one was than the other,” said Simpson.

Blagojevich engaged with the national media in a way few criminal defendants have. He went on a lengthy tour of popular television news and talk shows like the Late Show with David Letterman and the Daily Show and pleaded his innocence.

Ex-U.S. Atty. Heaton/law firm photo

“In a sense, I have seen public officials who go on trial try to influence public perception,” said ex-U.S. Attorney Heaton, but Blagojevich’s errant behavior was something different. “I have not seen someone go on television talk shows, on reality shows,” the way Blagojevich has. “It is very unique to engage the popular media the way he has done.”

Though there is nothing in the federal sentencing guidelines that talks specifically about that sort of media engagement, says Heaton, it may significantly influence the sentencing judge’s perceptions of Blagojevich’s sense of remorse.

“Throughout, on his television appearances, he showed a failure to accept responsibility for his actions. He maintained his innocence and seemed to be willing to do anything to continue maintaining that,” said Heaton. “I think that will be one factor.”

In his first trial, Blagojevich was convicted on only 1 of 24 counts. The jury deadlocked on the remaining ones. But in the second trial, the prosecution trounced him, getting convictions on 17 of 20 counts. Technically, he faces up to around 250 years, but the sentencing guidelines call for far less. He has been free on $450,000 bond, having put up his North side Chicago home and a D.C. condo as collateral.

Some report that prosecutors will seek a 30 year sentence.

“[James Zagel, the sentencing judge] will be reasonably unhappy about the crime itself–he’s a former U.S. Attorney, a former state employee,” said Simpson, and he will not take kindly to a violation of the public trust. Still, most experts don’t predict the higher end of the sentencing. “You have violent crimes that get less than 30 years,” said Simpson.

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