"Hot Rod" Blagojevich Convicted of Lying to FBI: Jury Hung on 23 Other Counts

Federal prosecutors have discovered, probably not for the first time, the nightmare that has plagued litigators from the beginning--you cannot control what jurors think about. Blago apparently had a fan who could only bring herself to convict him on one count.

This is the kind of thing that happens. Michael Jackson moonwalked away from his 2005 child molestation trial a free man-ish thing because the jury thought the kid’s mother was too obnoxious. Jurors go I the deliberation room and make life and death decisions based on which lawyer was the least annoying or wore the nicest tie. When you search for twelve people who lack even the vaguest familiarity with high profile cases, that is the quality of decision making you get.

In the lone juror’s defense, I confess a soft spot for Blago myself. Yes, he is vulgar and crooked, but I have to like a guy who goes jogging a few minutes after being impeached. Not to mention taunting the feds yesterday after he escaped 23 counts. He was pretty entertaining on Celebrity Apprentice for as long as he lasted. He made me wonder how someone so befuddled by taking charge of projects ever made it as governor, but on second thought, it probably perfectly explains why he wound up where he did.

Think he can do it again on a retrial? Probably not. Even though his lawyers have seen everything the prosecution will bring up, they are going to be more careful picking a jury. But you neer know.