Judge Refuses To Reduce 14-Year Sentence For Former Illinois Gov. Blagojevich
CHICAGO (CBSNewYork/CBS Chicago/AP) -- A federal judge in Chicago declined to reduce former Illinois Gov. Rod Blagojevich's 14-year prison sentence Tuesday, despite the ex-governor's apology from prison.
Chicago 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, CBS Chicago reported.
Blagojevich — dressed in a green prison uniform, his dark hair turned white as he appeared via video conference for about 20 minutes, Dana Kozlov of WBBM-TV, CBS2 Chicago reported. Blagojevich 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."
Assistant U.S. Attorney 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 four-and-a-half 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.
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.
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.
Meanwhile, as WBBM-TV, CBS2 Political Reporter Derrick Blakley reported, the defense team argued that the law under which Blagojevich was prosecuted was stretched so far, it could make all political fundraising illegal.
"This man gets 14 years for not getting one dime of political corruption money," said Sam Adam Jr., who led Blagojevich's defense team for his first trial. "Is that really worth it? Is that what we're really supposed to expect out of our society."
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.
The defense had asked for a five-year term, citing the dropped counts and Blagojevich's exemplary prison behavior. They even pointed to how Blagojevich, an Elvis Presley fan, formed a prison band called "The Jailhouse Rockers.'' The group had a 21-song play list, and Blagojevich was the lead singer.
It dissolved after the lead guitarist was released.
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, though, 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.
(TM and © Copyright 2016 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2016 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
