James Zagel

From Judgepedia

James Block Zagel is an Article III Federal Judge for the United States District Court for the Northern District of Illinois. He joined the court in 1987 after being nominated by President Ronald Reagan.

Education

Born in Chicago, Illinois, Zagel earned both his Bachelor's and Master's in 1962 from the University of Chicago before graduating from Harvard Law School with a Juris Doctor degree in 1965. ^[1]

Legal career

• Assistant state's attorney, Cook County, Illinois, 1965-1969
• Assistant attorney general, State of Illinois, 1969-1977
• Deputy chief, Criminal Justice Division, 1969-1970
• Chief, Criminal Justice Division, 1970-1977
• Chief prosecuting attorney, Illinois Judicial Inquiry Board, 1973-1975
• Chief assistant attorney general, State of Arizona, 1975
• Executive director, Illinois Law Enforcement Commission, 1977-1979
• Director, Department of Revenue, State of Illinois, 1979-1980
• Chairman, Governor's Advisory Counsel on Criminal Justice Legislation, 1980-1987
• Director of state police, State of Illinois, 1980-1987 ^[1]

Federal judicial career

On the recommendation of U.S. Congressman Henry Hyde, Zagel was nominated to the United States District Court for the Northern District of Illinois by President Ronald Reagan on February 2, 1987, to a seat vacated by Frank McGarr. Zagel was confirmed by the U.S. Senate on April 21, 1987 on a Senate voice vote and received his commission on April 22, 1987. ^[2]

Notable cases

Chicago wrongful rape

Judge Zagel presided over a case in which a Chicago man claimed the Chicago Police framed him in securing a 1993 rape conviction which was later thrown out due to DNA evidence. The judge dismissed the lawsuit on the basis that there was not evidence beyond a reasonable doubt to find that the Chicago Police illegally obtained evidence to secure the conviction of Dana Holland. Holland was cleared of his rape conviction in 2002 after DNA evidence exonerated him. ^[3]

Rod Blagojevich trial

As the indictment of Illinois Governor Rod Blagojevich was released on April 2, 2009, it was noted that Judge Zagel will preside over the trial. Blagojevich, along with his brother Rob Blagojevich and former Chief of Staff John Harris, will face trial. The grand jury under Judge Zagel returned a 19-count indictment, accusing the impeached governor of what US Attorney Patrick Fitzgerald called "pervasive fraud" that began even before he was elected to his first term in 2002. The government claims Blagojevich and his co-conspirators set out to illegally obtain millions of dollars, which would be distributed once the governor left office. ^[4]

Also stated in the indictment are U.S. Attorney claims that Blagojevich tried to extort a congressman. It was reported and later confirmed the evening of April 2, 2009 (the date the indictment was released) by WMAQ-TV 5 (NBC Affiliate in Chicago) that the congressman targeted was President Obama's Chief of Staff Rahm Emanuel. ^[4]

Blagojevich is charged with 16 felony counts, including racketeering conspiracy, wire fraud, extortion conspiracy, attempted extortion and making false statements to federal agents. The ex-governor's wife, Patti Blagojevich, was not charged in the grand jury indictment, but the Northern District of Illinois U.S. Attorney's Office asserts that hundreds of thousands of dollars in commissions and salary were funneled to the former First Lady of Illinois through former real estate developer Tony Rezko, though Mrs. Blagojevich did no work for the former real estate developer. ^[4]

Blagojevich was formally arraigned by Judge Zagel on April 14, 2009. Governor Blagojevich pleaded not guilty to all charges along with his brother Robert Blagojevich. ^[5]

In a new development in the case, former Chief of Staff to Governor Blagojevich, John Harris entered into a plea agreement with Judge Zagel and federal prosecutors. On July 8, 2009, Harris pleaded guilty on reduced charges in exchange for testifying against the former Governor. Harris, who is yet to be sentenced by Judge Zagel, will face up to three years in federal prison. ^[6]

On August 21, 2009, Judge Zagel denied a request by Blagojevich's defense team to open all sealed records and transcripts related to the case. Zagel agreed with federal prosecutors that if the records were un-sealed that the integrity of the case could be harmed. However, Judge Zagel will allow the media to have access to redacted transcripts and records involving Blagojevich's co-defendant William Cellini. ^[7]

On October 19, 2009, Judge Zagel allowed for the former Illinois Governor to be on NBC's Celebrity Apprentice. However, Judge Zagel fears that the former Governor may discuss the case on the show over confessional elements the show presents. ^[8]

Attorneys for the former Illinois Governor requested Judge Zagel to delay the trial scheduled to begin in June of 2009 because of the pending outcome of three Supreme Court cases which is a key to the defense team's success. On November 18, 2009, the judge ruled against the motion, but has the discretion to not start the trial until September of 2009. ^[9]

On December 17, 2009, federal prosecutors told Judge Zagel that they will plan to re-indict the former Governor in January or February. At the same time, prosecutors are determining if they will call President Barack Obama as a witness during the trial. ^[10]

Blagojevich was re-indicted on February 4, 2010, on eight new counts including the attempted extortion of former Illinois U.S. Congressman Rahm Emanuel. Prosecutors planned on adding eight new charges to keep the case on track for a June 2010 trial date, and in the event the Supreme Court of the United States rules that honest services statute may be ruled unconstitutional. Blagojevich is charged with three counts of violating the honest services statute. ^[11]

Judge Zagel dismissed a motion by Blagojevich's attorneys on February 8, 2010 to look early at key evidence to be presented in the trial by federal prosecutors. Blagojevich's legal team said that the evidence was based in rhetoric and not sound legal fact. The judge ruled that Blagojevich's attorneys would receive the information they were seeking closer to the trial and denied the motion. ^[12]

During a plea hearing in response to the February 4th indictment, Blagojevich pleaded not guilty to all eight of the counts on February 10, 2010. After the plea hearing, the former Illinois Governor told the media that he planned to ask his attorneys to request the court play all the recorded wiretaps in relation to his arrest. ^[13]

Attorneys for Blagojevich asked Judge Zagel to delay the start of his trial on March 11, 2010. The request came after attorneys felt that there are questions that still need to be answered on some of the charges against him. Blagojevich's attorneys feel that without more time to prepare, they feel that he would be deprived of his Sixth Amendment rights to adequate legal representation. The trial is scheduled to begin on June 3, 2010 and is expected to last six months^[14].

On March 15, 2010, Federal prosecutors asked Judge Zagel to not grant a delay in the trial of Rod Blagojevich. The prosecutors argued that the public interest in the case warrants a quick resolution to the trial and felt that Blagojevich and his attorneys had more than enough time to prepare the case^[15]. Judge Zagel scheduled a hearing on March 17, 2010 to decide if another delay was granted^[16].

During a hearing on March 17, 2010, Judge Zagel denied the motion to delay the trial involving the former Governor. The judge found that a U.S. Supreme Court case that could affect some of the charges that Blagojevich is facing would not affect the outcome of the trial. The trial is still scheduled to begin on June 3, 2010^[17].

Blagojevich trial documents

• CLICK HERE for the copy of the plea deal for John Harris, courtesy of the Chicago Tribune.
• WMAQ-TV 5 of Chicago provides this link to the official indictment: Link to the 75 Page Grand Jury Indictment of Rod R. Blagojevich
• Chicago Sun-Times provides this link to the official re-indictment: Link to the 113 Page Grand Jury Re-Indictment of Rod R. Blagojevich
• Chicago Sun-Times provides this link to the request by Blagojevich's attorneys to play all related wiretaps in court Link to the request

Next courtroom activity

The trial is scheduled to begin on June 3, 2010. ^[12]

References

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