Lawyers for Rod Blagojevich filed for mistrial Monday, claiming that the hundreds of sustained objections from U.S. District Judge James Zagel have "impermissibly shifted the burden of proof in this case to unconstitutionally force the defense to put on evidence," according to the filing.
"The presumption of innocence has been decimated," defense lawyers wrote.
Zagel didn't rule on the motion Monday morning, putting it aside so the prosecution and defense could argue over a list of instructions to help the jury decide Blagojevich's fate. Those discussions lasted all morning and continue this afternoon.
Still no word on what defense, forced or not, Blagojevich's lawyers are planning to mount starting Wednesday morning. But lawyers have said they'll call "prominent" witnesses to the stand.
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