CHICAGO -- "Blago on Trial, The Sequel" promises to be just as circuslike and expensive as the first trial of the former Illinois governor. And some taxpayers would prefer not to see it at all.
But the next round could also look different if prosecutors adjust their strategy after listening to the jurors who deadlocked on all but one charge against Rod Blagojevich. And defense attorneys could offer a few surprises of their own - if they are still on the job.
Could prosecutors decide to call witnesses such as White House Chief of Staff Rahm Emanuel? Could the defense put Blagojevich on the stand?
Asked about doing that, Blagojevich attorney Sheldon Sorosky said, "The answer to that is, absolutely yes. It doesn't mean he will. But he could."
Prosecutors plan to retry Blagojevich, a Democrat, on charges that include allegations he tried to sell President Barack Obama's old Senate seat. U.S. Attorney Patrick Fitzgerald said the prosecution is nearly ready to start jury selection, and the presiding judge set a hearing on the matter for Aug. 26.
Blagojevich attorney Sam Adam Jr. blasted Fitzgerald for insisting on a second trial, questioning the expense of millions of dollars.
"I wish this entire group would go upstairs and ask Fitzgerald one question: I understand he's got an important job, but why are we spending 25 to 30 million dollars on a retrial? You couldn't prove it the first time," Adam said. Some observers have said that figure is too high.
According to Sorosky, all of Blagojevich's attorneys who went through the just-ended trail want to stay with him. But money, as well as various legal requirements, may determine whether that happens.
To pay his legal bills over recent months, the judge permitted Blagojevich to dip into a campaign fund dating to his time as governor. But Sorosky said that well has run dry.
So Blagojevich's attorneys may have to be paid as public defenders using tax dollars - at a rate of about $100 an hour, Sorosky said. That may lead the judge to try to cut Blagojevich's legal team from more than half a dozen attorneys to just two or three.
A lot depends on how prosecutors alter their approach. Many adjustments are likely to be small, addressing what many jurors complained was a complex, hard-to-follow case.
"They have to listen to what jurors are saying," said Jeff Cramer, a former federal prosecutor. "If they're saying it's not clear ... prosecutors may need to lay out a clearer road map."
