Thursday, July 22, 2010

More on Blago: who spilled the beans?

Yesterday I blogged about Rod Blagojevich's decision not to take the stand despite his lawyer's promise to jury, during openings, that he would testify.  Today an article in the Chicago Tribune reports that the true reason for the decision was not confidence that the government had failed to prove its case but rather that Blago failed spectacularly during practice testimony:
The ex-governor's practice runs — with prominent criminal-defense lawyers acting as cross-examiners — were troubling, sources with knowledge of the sessions told the Tribune.

The sources said the former governor had difficulty wrapping words around the concepts he wanted to use to defend himself. Blagojevich and his wife, Patti, spent several days last week going over his possible testimony with lawyers Sam Adam and his son, Sam Adam Jr., in the South Side's Jackson Park to be away from their office and interruptions. 
It's no surprise that the true reason for the decision not to testify is tactical rather than substantive.  But what it is a little surprising to me is that the Tribune was able to find "sources" to dish this information.  Seems to me that these practice sessions would have been highly confidential, if not attorney-client privileged.  If the person who spilled the beans to the Tribune is an attorney, that person likely violated the Illinois rules of professional conduct.   

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