Closing arguments in Rod Blagojevich's corruption trial are set for Monday after a lengthy day of jury instructions today.
"We lost 90-1," complained Sam Adam Sr. after court, referencing the apparent number of instructions offered by the government that Judge James Zagel accepted versus those offered by attorneys for former Gov. Rod Blagojevich.
In one debate, Zagel shot down an attempt by Blagojevich attorneys to offer a "missing witness instruction" to jurors. It argued that the government had the power to call Tony Rezko, Stuart Levine, President Obama and a myriad of others to prove its case -- but didn't.
Zagel said raising the specific names doesn't fly because the defense has the same subpoena powers but also chose not to exercise them.
"This is why you have subpoena powers. This is what we give you," Zagel told defense lawyers.
Zagel cautioned the defense from criticizing the government for failing to call those witnesses in closing arguments. If they go down that road, he warned, he'd cut in and explain to jurors that the defense had the same subpoena powers.