Blagojevich rethinks testifying

CHICAGO — Rod Blagojevich stood up in court Wednesday and told the judge the opposite of what he has been saying for months. He now says that he will not testify in his own defense to charges that include trying to sell an appointment to President Barack Obama’s old Senate seat.

The ousted Illinois governor, who had insisted on television, radio and even to bystanders outside the courthouse that he would speak directly to jurors, stood in court with his hands folded in front of him.

“Is it your decision not to testify?” Judge James B. Zagel asked.

“It is my decision,” Blagojevich responded, nodding slightly.

His attorneys promptly rested their case. Prosecutors also rested their case against him.

Blagojevich returned to his seat, smiling. During a recess a few minutes later, he picked up where he began the trial, shaking hands with well-wishers in the spectator benches and even signing autographs.

Outside court, Blagojevich, a Democrat, said he believed all along that he would testify and reluctantly went back on his repeated pledges to do so only after his senior lawyer talked him out of it.

“Sam Adam Sr.’s most compelling argument, and I believe the one that swayed me, was that the government in their case proved my innocence, they proved I did nothing illegal, and there was nothing further for us to add,” Blagojevich said.

He said the government also showed “that I never took a corrupt dollar, not a corrupt dime, not a corrupt nickel, nota corrupt penny.”

Blagojevich also said he has learned a lot of lessons, perhaps the biggest being that he talks too much.

His attorneys say neither they nor Blagojevich need to explain why he won’t testify. Sam Adam Jr. said the judge will make that clear to the jury before closing arguments begin Monday.

He said Blagojevich originally intended to testify when the government said it would call more witnesses than it did. He acknowledged thatthere was some chance of harm to the case, “but is the greater harm going on the stand and saying, we think they proved you guilty?”

The judge told jurors earlier that the evidence stage of the case had concluded. He also told them that they wouldn’t have to return until Monday.

On FBI wiretap recordings that prosecutors played for jurors, an often-profane Blagojevich was heard speculating on what he could get in exchange for Obama’s former Senate seat.

Blagojevich said Wednesday that the tapes showed his innocence.

“They proved I sought the advice of my lawyers and my advisers, and they proved that I was on the phone, talking tothem, brainstorming about ideas. Yes, they proved some of the ideas were stupid. But they also proved some of the ideas were good,” Blagojevich said. “Brainstorming and free speech is part of what the American experience is supposed to be.”

His attorneys signaled Tuesday that he might not testify after all, saying they could rest without calling a single witness - including Blagojevich - because the prosecution did not prove its case.

Blagojevich’s lawyers told Zagel on Tuesday that they had decided not to call any witnesses, but the judge told them to take the night to sleep on it, a person with knowledge of the decision said. That person would speak only on condition of anonymity because he was not authorized to divulge the information.

The former governor, 53, has pleaded innocent to scheming to trade an appointment to the Senate seat for a Cabinet post in Obama’s administration, an ambassadorship, a high-paying job or a campaign donation. He also has pleaded innocent to scheming to launch a racketeering operation in the governor’s office.

His brother, Robert Blagojevich, 54, a Nashville, Tenn., real estate entrepreneur, has pleaded innocent to taking part in the purported plan to sell the Senate seat and playing a role in a plot to squeeze businessmen illegally for campaign contributions.

As recently as Monday, the former governor went out of his way to say he would testify. As he approached spectators outside the courtroom, he said loudly, “Show of hands: Anyone here planning on testifying?” He then thrust his own hand high in the air, smiled and walked into court.