Prosecutors: Blagojevich convictions should stand
National News
Rod Blagojevich received a fair retrial and his convictions for corruption including trying to sell President Barack Obama's Senate seat should stand, prosecutors said Tuesday in their retort to the ousted Illinois governor's request for another new trial.
The government's 133-page filing in U.S. District Court in Chicago nearly matched a 158-page defense motion last month that alleged a litany of errors at Blagojevich's retrial earlier this year.
"In reality, there was no bias, manipulation, or unfairness on the part of the prosecution, judge or jury," prosecutors said in their response. "The defendant was fairly convicted by a jury of his peers based on overwhelming evidence."
The filing comes just weeks before Blagojevich's sentencing hearing, scheduled to begin Oct. 6. Many legal experts say U.S. District Judge James Zagel is likely to give the 54-year-old Democrat around ten years in prison.
Blagojevich's retrial ended in June with jurors convicting him on 17 of 20 corruption counts, including that he tried to sell or trade the appointment to Obama's vacated Senate seat for a top job or campaign cash.
At the former governor's first trial last year, jurors were deadlocked on all but one count, convicting the twice-elected Blagojevich of making a false statement to the FBI about the extent of his participation in political fundraising.
Among other alleged judicial errors, defense attorneys pointed in their motion to one of the most memorable moments at the retrial — when lead prosecutor Reid Schar opened a blistering cross-examination of Blagojevich.
Related listings
-
White House criticizes court's health care ruling
National News 08/15/2011The White House is expressing confidence that it's constitutional to require people to have health insurance and believes that President Barack Obama's health care law will be survive all legal challenges in the end. Obama adviser Stephanie Cutter sa...
-
Calif Supreme Court says threats must be serious
National News 08/15/2011The California Supreme Court says state laws against threatening a crime victim or witness are valid only if a reasonable listener believes the threats are serious. The San Francisco Chronicle says last week's unanimous decision means a Riverside Cou...
-
Appeals court strikes health insurance requirement
National News 08/14/2011A federal appeals court panel on Friday struck down the requirement in President Barack Obama's health care overhaul package that virtually all Americans must carry health insurance or face penalties. The divided three-judge panel of the 11th Circuit...
Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.