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Blagojevich media blitz 'a horrible, horrible idea'

VETERAN LAWYERS SHAKE THEIR HEADS | 'No defense attorney in his right mind would sanction this campaign'

January 27, 2009

Gov. Blagojevich's media blitz might make him feel better about his case, but all those recent high-profile interviews are likely to come back to bite him in a big way, experienced defense lawyers say.

That's because any statement the governor makes about his case could be used against him by prosecutors at a future trial.

But it isn't a two-way street. Blagojevich's lawyers can't play the governor's proclamations of innocence to jurors, said defense lawyer Joel Levin.

Since last week, Blagojevich has appeared on radio shows and national television programs including "The View," and "Larry King Live." Blagojevich likened his situation to the jailing of peace and civil rights leaders and made references to the charges.

"Given that he doesn't know all the evidence against him, there's tremendous risk in what he's doing," said Levin, who prosecuted ex-Gov. George Ryan. "Some of the statements . . . might fit nicely into the theories [prosecutors] are laying out."

Prosecutors are likely recording every word out of the governor's mouth, Levin said.

"No defense attorney in his right mind would sanction this campaign," defense lawyer Ron Safer said. "It's a horrible, horrible idea."

Safer said Blagojevich's words on television will come across differently in the sterile environment of federal court -- especially when jurors will also hear secret profanity-laced FBI recordings of the governor.

"No matter how innocent you think the statements are. No matter how good it feels," Safer said, "it's a bad idea, and apparently intolerable to one of the finest criminal lawyers I know."

Powerhouse defense lawyer Ed Genson quit the case last week, in part over the media campaign.

TV interviews are likely to turn off future jurors, Safer said, adding: "A majority of jurors . . . would be deeply offended by someone who speaks like that over the telephone and then compares himself to Mahatma Gandhi and Martin Luther King."