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Blagojevich appeal reply brief December 2, 2013

Blagojevich appeal reply brief December 2, 2013

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Published by Citizen Wells
Blagojevich appeal reply brief filed by attorney Len Goodman December 2, 2013.
Blagojevich appeal reply brief filed by attorney Len Goodman December 2, 2013.

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Categories:Business/Law
Published by: Citizen Wells on Dec 11, 2013
Copyright:Attribution Non-commercial

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02/13/2014

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No. 11-3853IN THE UNITED STATES COURT OF APPEALSFOR THE SEVENTH CIRCUITUNITED STATES OF AMERICA,) Appeal from the United States) District Court for thePlaintiff-Appellee,) Northern District of Illinois,) vs.))No. 08 CR 888ROD BLAGOJEVICH,)) Honorable James B. ZagelDefendant-Appellant.) Judge Presiding.REPLY BRIEF FOR DEFENDANT-APPELLANTROD BLAGOJEVICH
Leonard C. GoodmanLen Goodman Law Office LLC53 West Jackson Blvd.Suite 1650Chicago, IL 60604(312) 986-1984Lauren Kaeseberg158 W. Erie Chicago, IL 60654 (773) 517-0622
 Attorneys for Defendant-Appellant Rod Blagojevich
 
TABLE OF CONTENTS
I. THE EVIDENCE WAS INSUFFICIENT UNDER PROPER PRINCIPLES OFLAW TO PROVE ANY OF THE COUNTS OF CONVICTION..............1A.Appointment of Valerie Jarrett as a Senator...............................1
B.The alleged scheme to trade the Senate seat to Jesse Jackson, Jr., in exchange focampaign contributions.....................................................5C.The alleged attempt to extort campaign contributions from Patrick Magoon...........6D.The alleged attempt to extort campaign contributions from John Johnston.............7II.THE JURY WAS MISLED AS TO THE LAW FOR FRAUD, EXTORTION ANDBRIBERY...............................................................8A.There was no legal basis to instruct the jury that an arm's length exchange of an officialact for a public service job is a federal crime....................................8B.The extortion instructions were defective for failing to require proof that Blagojevich'ssolicitations of campaign contributions were "made in return for an explicit promise" to perform an official act......................................................9C.The government exploited the deficient instructions to mislead the jury..............10III.THE LOWER COURT COMMITTED REVERSIBLE ERROR BY EXCLUDINGBLAGOJEVICH'S GOOD FAITH DEFENSE AND BY MIS-INSTRUCTING THEJURY.................................................................11A.The lower court committed constitutional error in taking away Blagojevich's good faithdefense................................................................11B.The court's revised "good faith" instruction to the jury misstated the law and sealedBlagojevich's fate........................................................14IV.THE LOWER COURT ERRED IN EXCLUDING CROSS-EXAMINATION OFGOVERNMENT WITNESSES AS TO THEIR BIAS...........................15V.THE LOWER COURT'S ONE-SIDED AND ERRONEOUS EVIDENTIARY RULINGSPREJUDICED THE DEFENDANT..........................................18A.The court erred in excluding nearly all of the tape recordings offered by the defense....18i
 
B.Erroneous rulings relating to advice of counsel.................................20VI.BLAGOJEVICH'S FALSE STATEMENTS CONVICTION FROM HIS FIRST TRIALMUST BE OVERTURNED................................................22A.Blagojevich's answer to the ambiguous question about whether he "tracked" campaigncontributors was insufficient as a matter of law to support the conviction.............22B.The Court improperly excluded evidence to provide the jury with necessary context....23VII.THE TRIAL COURT ERRED IN REFUSING TO STRIKE BIASED JUROR........24VIII.THE DEFENDANT'S 168-MONTH SENTENCE MUST BE VACATED WHERE THELOWER COURT ERRONEOUSLY APPLIED THE GUIDELINES................25CONCLUSION...............................................................26ii

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