Blagojevich jury selection enters last stretch

CHICAGO (AP) - The judge in the retrial of impeached Illinois Gov. Rod Blagojevich spent a third day questioning potential jurors Tuesday, including a man who had downloaded cell phone ring tones of Blagojevich's infamous curses.

But he fell short of having a panel decided, as many candidates were excused because of financial hardship or for expressing strong opinions about the case.

About 35 people of the several dozen Judge James Zagel has questioned so far remain in the jury pool. Zagel has said he wants 40, though, before making final decisions about the 12 jurors and six alternates who will sit in the jury box.

At least part of Wednesday will be devoted to completing jury selection. Zagel said opening statements may have to wait until early next week, possibly Monday.

Also Tuesday, Zagel told prosecutors that they should tone down sensational testimony offered at the first trial about how Blagojevich and his wife spent more than $400,000 on custom suits, ties, furs and other pricy clothes during a six-year shopping spree.

Prosecutors did not clearly spell out to jurors just how the Blagojeviches' lavish spending was pertinent to the charges or argue that their spending money was ill-gotten. The defense has complained that evidence was introduced merely to cast their client in a bad light.

"That was over the top," Zagel said about prosecutors putting so much emphasis on the clothes. But he hastened to add the defense had been even more inclined to exaggeration, saying, "If I had an over-the-top index at the first trial - the defense would be by far the winner."

Among those who remain in the jury pool are a Cook County prosecutor and a self-proclaimed Republican who had downloaded the ring tones of Blagojevich on secret FBI wiretaps.

He said he "was critical and cynical about both parties" but also wrote in a questionnaire about Blagojevich that, "I believe he is guilty."

Those excused included several who said they would lose or jeopardize their jobs if they were chosen for what could be a lengthy trial. The retrial is not expected to last as long as the first one - which spanned 2 1/2-months - in part because prosecutors have streamlined their case.

Other potential jurors said they've already decided Blagojevich is guilty or expressed opinions that Zagel ruled would make them undesirable jurors. A retired computer programmer who said he wasn't a "people person" was excused after Zagel said he likely doesn't work well with others.

"I think he is a loose cannon," Zagel said.

The judge decided to keep some in the jury pool who said they formed unfavorable opinions of Blagojevich because he accepted their assurances they could set aside any biases and weigh the case on the evidence alone.

Several of those questioned Tuesday had some link to Children's Memorial Hospital - the focus of one allegation that Blagojevich tried to squeeze campaign cash from the Chicago facility's CEO by threatening to cancel a pediatric care reimbursement promised by the state.

Many potential jurors had children who had been treated at the hospital, and one man currently works there as a nurse and said he often discusses the allegation with his colleagues.

In his first trial last year, Blagojevich was found guilty of lying to the FBI but jurors couldn't reach a verdict on any other charges against him. Those included charges related to allegations that he tried to sell or trade an appointment to President Barack Obama's vacant U.S. Senate seat in exchange for campaign cash or a job after he left office.

The jury foreman from Blagojevich's first trial, James Matsumoto, attended court Tuesday as a spectator, sitting on a back bench and taking notes as the judge asked questions.

"I feel that there is unfinished business for me," he told reporters outside the courtroom doors. "I have questions about jury selection, just how the whole process works."