Blago jury queries end; retrial to start Monday

After five days, hundreds of questions and dozens of people, jury questioning in Rod Blagojevich's retrial has finally concluded.

That sets the stage for opening statements to begin Monday — and likely the first witness, an FBI agent.

The final jury, though, hasn't been chosen. Attorneys will get the next three days to decide how they want to issue their strikes to pick a final jury from a group of 45. At the start of trial, 12 regular jurors and six alternates will be seated.

Assistant U.S. Attorney Reid Schar said opening statements for the prosecution will take an hour — maybe less. The same is true for the defense, said Aaron Goldstein, who will be delivering openings for Blagojevich.

Also Thursday, Schar asked U.S. District Judge James Zagel to keep tabs on the defense's opening remarks. Schar complained that the defense used an "advice of counsel" defense last time, in part by saying Blagojevich considered his chief of staff John Harris, an attorney. That's a stretch, Schar argued.

"The only way to get the defense in is for someone to stand up and say, 'I thought that was legal,' " Zagel said. Zagel said he allowed in some statements in the last trial because Blagojevich's attorney swore that the former governor would take the stand.

Blagojevich eventually did not testify. Even if defense lawyers promise that testimony this time during openings, Zagel will not base his rulings on the promise, he said.

The end came after spirited tugs-of-war between Schar and defense lawyer Sheldon Sorosky.

Sorosky accused the government of trying to toss potential jurors who were good for the defense under the guise of saying the jurors had hardships. That included one person who said defendants were innocent until proven guilty.

"All of the sudden the government is the kindest person in the world," Sorosky said. "Mr. Schar's heart would not allow that to happen."

Sorosky also accused the government of trying to get a "Norman Rockwell" jury, as he argued to keep an unemployed man who had once stabbed his brother.