CAROL: We go back to you, Allison and Rob.
ALLISON: Thank you, Carol.
ROB: All right. Let's bring in former prosecutor Thomas Glasgow, now a defense attorney. Let's talk about the defense in a second trial. What does the defense do differently this time? What's going to be the strategy for Sam Adam and his son?
THOMAS GLASGOW: Well, the first thing you have to do as a defense attorney is figure out how the prosecution is going to change things up. They are obviously going to be trying this case differently than the way they tried it the first time because they ended up with a hung jury. They are also going to be examining what they did and what they did wrong and what they did right and where they felt their weaknesses were in their case. So--
ALLISON: [Interposing] And--
THOMAS GLASGOW: I'm sorry.
ALLISON: And what's your first question to the jurors as you start to, you know, try to pick their brains to figure out where it went wrong?
THOMAS GLASGOW: You're going to find out what the strengths were in your case. What was it that hung them up? Was it the fact that there was no money exchanged? Was it the fact that they didn't feel like maybe this was anything by--or excuse me, politics as usual? And the prosecution was just throwing out, well, you know, this was political horse trading. It was--there was no conspiracy here. What are the strengths that they resonated with because you do focus juries beforehand to determine what is good and what is bad with your case? This is the real-life focus jury.
ROB: Do you think the fact that Sam Adam promised that Rod Blagojevich was going to testify--they were emphatic about that--and then in the end said he's not going to testify because prosecution didn't prove it's case, do you think that helped with this hung jury in confusing the jury? Or what would be the strategy the second time around?
THOMAS GLASGOW: It may have. In my experience as a prosecutor and as a defense attorney, when you don't put on a case--in other words, when you put on a case, when you have your client testify, when you put on a case, the jurors generally will weigh the prosecution case versus your case. If you don't put on a defense, jurors tend to look at it and go, well, let's weight the prosecutor's case, not weighing it against the defense case. But let's see whether or not they proved it beyond a reasonable doubt. And that becomes a much harder burden and a much higher burden for the prosecutor.
ALLISON: And as a defense attorney, they may also learn some lessons maybe not promising the jury in the very beginning that their client was even going to testify?
THOMAS GLASGOW: I think Mr. Adam learned a lot of lessons during the course of this trial. But I think the primary one is, you know, don't overpromise when you've got your client sitting there and then you don't produce.
ROB: Well, they had their client sitting on the 25th floor of the Dirksen Federal Building right now. He's now convicted of one count. What are they going to say to him? He's going to want to talk. What should he say? If you were his attorney, what would you say to him?
THOMAS GLASGOW: The first thing I would tell Mr. Blagojevich is don't talk anymore. At this point, you're a convicted felon. You've got to be quiet. We don't want to poison the jury well with regard to anymore things that you may or may not say because he's going to want to come out and protest his innocence. That's not going to resonate with people because he's already been found guilty.
ROB: You know Sam Adam, right?
THOMAS GLASGOW: I do.
ROB: Well, is he going to say that to him?
THOMAS GLASGOW: I don't know. I don't know what Sam Adam is going to tell him.
ALLISON: Their client has been very vocal. And he's also been on a lot of television shows. And it seems that they--even maybe they gave him that advice. Maybe their client wasn't listening very--
THOMAS GLASGOW: He is a very mercurial client. And I think that's what occurred during the course of this case. Sam Adam is a very good attorney. But he's got a client, who's a little bit difficult to control I would think.
ROB: Thomas--
ALLISON: [Interposing] And how about that other client, his brother, Robert Blagojevich?
THOMAS GLASGOW: Robert Blagojevich is a very good client. He seems to be listening to what Michael Ettinger's telling him. He seems to be doing what he's supposed to do. He comes across very, very well to the public. He's very stoic. He's very reserved. He's a very, very good client.
ROB: And right after he got the news from the jury today that they were in fact deadlocked on the four counts against him, Robert Blagojevich made a statement. He was very strong in his statement. Hear what he had to say.
ROBERT BLAGOJEVICH: I can tell you what. If in fact the charges are brought back against me, we're prepared to defend those as vigorously and aggressively as we did already. And I've got ultimate confidence in my acquittal.
ROB: And that's the way you want a defendant to conduct himself when he gets that kind of news.
THOMAS GLASGOW: He conducted himself perfect in front of the media, in front of others. He's done an extremely good job of controlling what his message is.
ALLISON: Thomas Glasgow, thank you for joining us. And we really appreciate your insight into this as a former state's attorney and now practicing attorney--defense attorney. So you got it on both sides. So thank you very much.
THOMAS GLASGOW: Thanks.
