Via Rich
Blagojevich’s ‘defense’ team filed for a mistrial because too many of the objections by the prosecution have been sustained.
No, seriously. The judge’s response is the best:
A barely audible Judge James Zagel is explaining his repeated upholding of prosecution’s objections after Rod Blagojevich’s defense team asked for a mistrial today.
“I don’t know if I’ve ever seen a motion for a mistrial based on objections,” Zagel says.
The defense filing says Zagel so often cut off defense lawyers who were trying to cross examine witnesses, that they can’t properly defend their client. They also complained he chided defense lawyers in front of jurors.
Zagel said he believes lawyers are asking the questions the wrong way — beginning the questions in such a manner that the witness would have to guess what someone was thinking. Zagel noted the defense hasn’t objected much (indeed, today, just one even though the government’s most significant witness has been on the stand all day).
But the bottom line: Zagel said the defense can hand him a list of questions they think he should have allowed and he’d consider them.
Zagel said he saved Sam Adam Jr. and his client a level of resentment from the jury because he kept him from asking of the same questions time and again.
“I’d do it again, because I believe it is in the interest of justice to do so,” Zagel said.
First, “I don’t know if I’ve ever seen a motion for a mistrial based on objections.”
This is a a judge poking a defense team with the not so subtle notion that they don’t know what the hell they are doing. The reason Zagel has never seen such a motion is because most lawyers are smart enough to follow a judge’s guidance when they keep asking the questions wrong. Instead, the Adams’ have charged ahead asking the same type of questions again and again. It’s unprofessional and stupid. It’s damn near legal malpractice. Given their client is a lawyer, you might think he would notice this, but then you would remember it’s Rod Blagojevich who surfed through law school.
The end part is the best though, Zagel is pointing out that his admonishments are meant to direct them towards the correct way to answer the questions so the process isn’t long and drawn out.
Shorter Zagel: It’s not my fault you don’t know how to cross examine a witness, but since you clearly don’t, I’m saving you from yourselves.
Federal judges don’t suffer fools. I’m rather surprised Zagel has been as patient as he has been.