Legal Experts Talk About What Blagojevich Prosecutors and Defense Attorneys Need to do to Win

As lawyers get ready for the lengthy trial of Rod Blagojevich, we've been talking with legal experts about what each side needs to do to win the case.

Our experts say the government's primary goal should be keeping the case a simple, compelling story. In trials lasting three to four months, cases often seem start strong, have some slow moments toward the middle, and then finish strong. Toward that end, prosecutors may save their clearest examples of alleged bribery and extortion for the end of the case --for example, the evidence involving the alleged shakedown of Children's Memorial Hospital.

Second, if Blagojevich testifies, prosecutors need to control him on the stand. They can't allow him the chance to give long speeches and grandstand for the jury. Instead, they need to confront him with key tapes and demand yes or no answers as to whether those were his words.

Third, prosecutors need to focus on Blagojevich's alleged lies. Jurors who do not follow the complex details of certain transactions will still wonder why he's contradicting himself as to the facts, and presume that he is covering up for his behavior.

As for the defense, our legal experts say jury selection is critical. Blagojevich has been speaking publicly for months, presumably playing toward potential jurors. Now his attorneys need to find at least one juror who got the message.

Second, the defense needs to emphasize that they see no crime here, just political fund-raising which never crossed the line into illegal activity.

And third, Blagojevich's lawyers need to insist there's no smoking gun, even where there appears to be one on the tapes. Jurors who are undecided often look toward a single piece of evidence which they can "hang their hat on" when justifying their decisions to other jurors and later the public. Without a clear smoking gun, jurors may lean toward a not guilty verdict, even though such evidence is certainly not required for a conviction.

Rod Blagojevich Scandal: More Key Players

Visit the "Who's Who" page to learn more about the former Illinois governor , his co-defendants, inner circle, the legal team and what people like President Obama , Sen. Dick Durbin and other high-profile people have to do with the case. >>

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