Ailing Rezko could testify in Blagojevich retrial

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Tony Rezko

As a pale, thin-looking Tony Rezko admitted Thursday his two-plus years in jail is wearing on him, the convicted businessman became a possible factor in former Gov. Rod Blagojevich’s April retrial.

Rezko’s January sentencing was postponed to leave open the possibility that the onetime powerful political fund-raiser could testify in either Blagojevich’s trial or that of Downstate businessmen William Cellini, Rezko’s lawyer said. However, prosecutors did not say whether they would tap Rezko.

Meanwhile, Rezko, who spoke briefly at a federal court hearing Thursday, revealed for the first time where he’s being housed — about 150 miles away inside the Dodge County, Wis., lock-up.

“These have been very tough times. ... I’ve not seen the outside,’’ Rezko told U.S. District Judge Amy St. Eve. “I have no contact with my family since I’ve been moved to Dodge.’’

A Dodge County jail official said Rezko was moved to the facility Dec. 16, 2008.

The move came after Rezko began cooperating with prosecutors and after his attorneys complained about the conditions he faced in solitary confinement at the downtown Metropolitan Correctional Center.

Rezko, formerly a top adviser to Blagojevich as well as a political fund-raiser to now-President Obama, was convicted of fraud and corruption under Blagojevich in June 2008. He voluntarily started serving jail time, even though he hadn’t been officially sentenced.

But his attorney, Joseph Duffy, said the Wisconsin jail where he resides is just a holding facility and not equipped to allow prisoners the typical time they would receive outdoors at a federal prison camp — where he’d be staying if he had been sentenced. Rezko has “no personal contact” with family members, who can visit for only short periods and can see him only through a glass partition, Duffy said.

Assistant U.S. Attorney Christopher Niewoehner said only that it was in the interest of both the prosecution and Rezko to delay sentencing. He implied that prosecutors hadn’t decided yet on whether Rezko will be called to testify.

Rezko’s lawyers said the convicted businessman would like to reap the benefits of testifying and possibly receive a lighter sentence. But he will not seek a delay in sentencing beyond September.

“The hardship is too severe,” Duffy said.

Cellini, a onetime Springfield political insider who is accused of shaking down a Hollywood producer for campaign cash for Blagojevich in exchange for state business, is scheduled to go on trial in August.

If prosecutors use Rezko as a witness against Blagojevich, it would signal a major change since the first trial. Rezko wasn’t called to testify as prosecutors generally stayed away from witnesses considered to have checkered pasts. Blagojevich was convicted on just one of 24 counts against him.

“It certainly affects the trial because now the defense has to prepare for the likelihood that Mr. Rezko may testify,’’ said Blagojevich lawyer Sheldon Sorosky.

Meanwhile, Rezko has challenged his own conviction, saying a U.S. Supreme Court decision limited a law used in his prosecution.