Chicago - UPI
Former Illinois Gov. Rod Blagojevich is seeking a third trial, saying federal Judge James Zagel was blatantly biased against him. The former Democratic governor was convicted June 27 of wire fraud, bribery, attempted extortion and conspiracy for trying to sell President-elect Barack Obama's Senate seat in 2008. It was his second trial after an inconclusive result last year. Blagojevich's lawyers filed a motion late Monday, the Chicago Tribune reports. "Virtually every error in this trial stemmed from the fact that this court deprived Blagojevich of the presumption of innocence and exhibited bias against the defense," the motion states. "The court formed a closed mind to the evidence and made findings of fact. The court rubber-stamped the government's requests." The defense says Zagel tilted jury selection to favor the prosecution and led Blagojevich to believe he could explain himself if he testified -- and then prevented him from doing so. The lawyers also object to the handling of taped phone calls. When Blagojevich was heard asking to become secretary of health and human services, he should have been allowed to cite his healthcare record as governor, states the motion, the Chicago Sun-Times reported.