The end + 1: A story
July 22, 2010 at 6:48 pm
No comments
Sam Adam Sr. stepped to the podium, facing a bank of cameras and a noisy press pit. Today, he is not in his bright, almost sunny, lime-light loving motif, with his daily “Good morning everybody.” His eyes are hard as he spits out his legal declaration that a defendant has a guaranteed right not to testify in his trial. A couple hours earlier, his client had exercised that right. But there’s more. Now he is yelling at the media, shouting words with a bitter-edged tone, “You media just want a story,” he says loudly. His shouting has the tone of a stinging accusation.
Um…for all the media is and is not—they definitely have their shortcomings as I’ve spent nearly two months experiencing a close-up of the best and worst they have to offer—there’s a problem with the flailing lawyer, the shouted words. For eighteen months, Rod Blagojevich has told everyone who would listen to him and a lot of people who wouldn’t listen or didn’t care, that he is innocent of all the charges, and that he can’t wait to testify in a court of law to that effect from the witness stand. He has promised many, many times that he would proclaim his innocence to the world in a court of law. He not only told people he would do that, but he said that he couldn’t wait for that opportunity. And then to officially consummate his promise, to take it from a put-up-or-shut-up boast to the next level, in opening arguments, his attorney loudly promised the jury that Rod Blagojevich would tell them and the world what happened during his term of office that led some people to think he had committed crimes. Not only did the public and the media come to take him for his word, Judge Zagel believed him too, often referring to when Blagojevich will testify, or saying that much of the defendant’s case will hinge around his testimony (which, in retrospect, was one of several clues to the defense that a midstream change might be in order). So now Sam Adam Sr. yells at the media, saying they’re “just looking for a story.” If Mr. Sam Adam Sr. doesn’t get—after all this time and after all of these assertions—that the defense’s decision not to have Blagojevich testify IS the story, then Rod Blagojevich may be in even more trouble than we thought. I’m sorry, but it IS the story and all of the yelling and indignation won’t make it otherwise.
The defense rests but some of us stay up
Now let’s look at what might be behind the story, if anything. Perhaps a glance toward those stories the media “just wants,” but often misses while they’re busy chasing down people like the Adams or Rob Blagojevich for sound bites or video clips.
When court convened on the morning of July 21st, and Sheldon Sorosky rose to face the judge, Sam Adam Sr. was lounging back in his captain’s chair, facing the jury box. It was not unusual for the likes-to-be-comfortable Adam Sr. to lean back like this, but this time, as he faced the jury, he was shut off from his colleagues, his back to the defense table. And before Sorosky spoke, Adam Sr. was looking directly at the jurors. Behind him, on the other side of table, sat Sam Adam Jr. He was sitting sullenly, with his head down, not looking toward the jury, or the judge, or Sorosky, or his client. He was just slumped over in his chair, staring at the desk, his jaw tight. Was the jury watching?
At the end of the table, Sorosky rose and said, “Your honor, the defense rests.” And save for some mop-up evidence the prosecution offered, the trial was over.
A quick review of the story that gave cover for the events that had transpired in the previous twenty-four hours, was that dissension had risen between the Adams—father and son—and Senior won out, making the decision that Rod Blagojevich would not testify in his own defense. Some hours later, he would indignantly be yelling at the press about The Decision, but what else might have happened that night? It is likely, as I wrote a couple of days ago, that Blagojevich’s mock examinations were not going well. Along with this, many of the charges were not necessarily sure-things for the prosecution—but depending on how the jury would see them—could go either way, and it could have been determined—probably was determined—that it was as good as it was going to get. As it stands right now, the defense could win some, most, or all of the counts, but if Blagojevich performed badly on the stand—and by then they had seen the machine-like methodology of the prosecution which was able to rattle a very stoic and clear-headed Rob Blagojevich—many of the charges they might be winning could fall into the losing column, and because of the interlinked nature of the indictment, a few losses could mushroom into a sweep in accordance with jury psychology. And although Sam Adam Jr. may be young and not particularly experienced—particularly in federal court—and he might be facing long odds as his style really doesn’t play well in Zagel’s courtroom, he may have read the writing on the wall. So another story was concocted that might allow all sides to win. Let’s manufacture dissension. Let’s say that Adam Jr. really wanted Blagojevich to testify—so much so he is barely on speaking terms with his father—and let’s let Adam Sr. be the heavy who forced Junior to acquiesce to this new strategy. Everybody wins: Sam Adam Jr. never broke his promise…heck he wants to have Rod testify today. It was just because of his heavy-handed old man. Rod didn’t break his promise. Heck he still wants to testify, but Senior—with his 49 years in the bar—is pretty persuasive and it just broke Rod’s heart when he told him his testimony wasn’t necessary. And even Adam Sr. really kind of wanted Rod to testify, after all, his boy promised the jury. But the prosecution’s case is so weak, why bother. They didn’t prove their case so there’s nothing for Rod to defend. Remember, if Sam Adam Jr. is anything, he is a showman. And unlike some attorneys who would call this assessment fighting words—he doesn’t mind people viewing what he does as a performance. Professionalism would generally dictate that the attorneys maintain a unified front, so the admission that there was a deep riff in the team is rather startling. That is…unless it is just part of the show.
Jason, the man who has witnessed most of the trial from his wheelchair, asked Sam Adam Jr. if he and his father might want to go to dinner with him when this whole thing is over. Adam Jr. said, “Well you know my father and I aren’t seeing eye-to-eye right now.” That’s the story anyway. And didn’t someone say something about looking for a story?
[More tomorrow as I get ready to wrap this project up. Adam Sr. could remember, I suppose, that most people prefer to believe the stories the media generates…]
Um…for all the media is and is not—they definitely have their shortcomings as I’ve spent nearly two months experiencing a close-up of the best and worst they have to offer—there’s a problem with the flailing lawyer, the shouted words. For eighteen months, Rod Blagojevich has told everyone who would listen to him and a lot of people who wouldn’t listen or didn’t care, that he is innocent of all the charges, and that he can’t wait to testify in a court of law to that effect from the witness stand. He has promised many, many times that he would proclaim his innocence to the world in a court of law. He not only told people he would do that, but he said that he couldn’t wait for that opportunity. And then to officially consummate his promise, to take it from a put-up-or-shut-up boast to the next level, in opening arguments, his attorney loudly promised the jury that Rod Blagojevich would tell them and the world what happened during his term of office that led some people to think he had committed crimes. Not only did the public and the media come to take him for his word, Judge Zagel believed him too, often referring to when Blagojevich will testify, or saying that much of the defendant’s case will hinge around his testimony (which, in retrospect, was one of several clues to the defense that a midstream change might be in order). So now Sam Adam Sr. yells at the media, saying they’re “just looking for a story.” If Mr. Sam Adam Sr. doesn’t get—after all this time and after all of these assertions—that the defense’s decision not to have Blagojevich testify IS the story, then Rod Blagojevich may be in even more trouble than we thought. I’m sorry, but it IS the story and all of the yelling and indignation won’t make it otherwise.
The defense rests but some of us stay up
Now let’s look at what might be behind the story, if anything. Perhaps a glance toward those stories the media “just wants,” but often misses while they’re busy chasing down people like the Adams or Rob Blagojevich for sound bites or video clips.
When court convened on the morning of July 21st, and Sheldon Sorosky rose to face the judge, Sam Adam Sr. was lounging back in his captain’s chair, facing the jury box. It was not unusual for the likes-to-be-comfortable Adam Sr. to lean back like this, but this time, as he faced the jury, he was shut off from his colleagues, his back to the defense table. And before Sorosky spoke, Adam Sr. was looking directly at the jurors. Behind him, on the other side of table, sat Sam Adam Jr. He was sitting sullenly, with his head down, not looking toward the jury, or the judge, or Sorosky, or his client. He was just slumped over in his chair, staring at the desk, his jaw tight. Was the jury watching?
At the end of the table, Sorosky rose and said, “Your honor, the defense rests.” And save for some mop-up evidence the prosecution offered, the trial was over.
A quick review of the story that gave cover for the events that had transpired in the previous twenty-four hours, was that dissension had risen between the Adams—father and son—and Senior won out, making the decision that Rod Blagojevich would not testify in his own defense. Some hours later, he would indignantly be yelling at the press about The Decision, but what else might have happened that night? It is likely, as I wrote a couple of days ago, that Blagojevich’s mock examinations were not going well. Along with this, many of the charges were not necessarily sure-things for the prosecution—but depending on how the jury would see them—could go either way, and it could have been determined—probably was determined—that it was as good as it was going to get. As it stands right now, the defense could win some, most, or all of the counts, but if Blagojevich performed badly on the stand—and by then they had seen the machine-like methodology of the prosecution which was able to rattle a very stoic and clear-headed Rob Blagojevich—many of the charges they might be winning could fall into the losing column, and because of the interlinked nature of the indictment, a few losses could mushroom into a sweep in accordance with jury psychology. And although Sam Adam Jr. may be young and not particularly experienced—particularly in federal court—and he might be facing long odds as his style really doesn’t play well in Zagel’s courtroom, he may have read the writing on the wall. So another story was concocted that might allow all sides to win. Let’s manufacture dissension. Let’s say that Adam Jr. really wanted Blagojevich to testify—so much so he is barely on speaking terms with his father—and let’s let Adam Sr. be the heavy who forced Junior to acquiesce to this new strategy. Everybody wins: Sam Adam Jr. never broke his promise…heck he wants to have Rod testify today. It was just because of his heavy-handed old man. Rod didn’t break his promise. Heck he still wants to testify, but Senior—with his 49 years in the bar—is pretty persuasive and it just broke Rod’s heart when he told him his testimony wasn’t necessary. And even Adam Sr. really kind of wanted Rod to testify, after all, his boy promised the jury. But the prosecution’s case is so weak, why bother. They didn’t prove their case so there’s nothing for Rod to defend. Remember, if Sam Adam Jr. is anything, he is a showman. And unlike some attorneys who would call this assessment fighting words—he doesn’t mind people viewing what he does as a performance. Professionalism would generally dictate that the attorneys maintain a unified front, so the admission that there was a deep riff in the team is rather startling. That is…unless it is just part of the show.
Jason, the man who has witnessed most of the trial from his wheelchair, asked Sam Adam Jr. if he and his father might want to go to dinner with him when this whole thing is over. Adam Jr. said, “Well you know my father and I aren’t seeing eye-to-eye right now.” That’s the story anyway. And didn’t someone say something about looking for a story?
[More tomorrow as I get ready to wrap this project up. Adam Sr. could remember, I suppose, that most people prefer to believe the stories the media generates…]
Comments
Leave a comment Trackback