With Sarah Ostman
Judge James Zagel hasn't slapped a gag order on Rod Blagojevich for his daily blurts outside of court -- yet.
Responding to a prosecution's request to bar Blagojevich from talking, Zagel said an outright ban is a last resort but he already has "significant concerns" about Blagojevich's out of court remarks.
Zagel reviewed a prosecution filing which contained the text of Blagojevich's news conference after court yesterday as well as his lawyer's. Zagel said he was concerned with the remarks, which accused witness Lon Monk of lying.
"It is an appeal to sympathy, which is something you are not permitted to do with the jury," Zagel said. "I do have significant concerns."
Zagel told both sides to "sit down with each other and see if we can have some kind of an agreement as to what somebody might say."
The lawyers in the case are supposed to come up with some kind of proposal on Monday.
"I am pleased that the issue has been raised early. I don't think anything anybody has said now is going to have much of an effect of any kind," Zagel said. "I would be concerned about things that would be said in the last three to four weeks of the trial."
After court Blagojevich said he would refrain from commenting on proceedings.
He did then proceed to take pictures with several people. Included in them: Derrick Moseley, a convicted extortionist. His case was handled in the same building.
Moseley has been attending the trial.