Blagojevich appeal delayed due to undone transcripts: EXCLUSIVE - FOX 32 News Chicago

Blagojevich appeal delayed due to undone transcripts: EXCLUSIVE

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CHICAGO (FOX 32 News) -

Before he went to prison, Rod Blagojevich expressed confidence that his conviction would be overturned on appeal.

But so far, no appellate briefs have been filed and no arguments have been heard.

Several sources told FOX Chicago News that Rod Blagojevich is upset and disappointed at the lack of progress on his appeal.

When former Illinois governor George Ryan was sentenced, his lawyers were in court just five months later, arguing his case.

It's been almost eight months since Blagojevich was sentenced on Dec. 7, 2011. His attorneys discussed how they'd appeal six days after that.

"Well there's a tremendous amount of work to do now, we need to read through all the transcripts," defense attorney Lauren Kaeseberg said. "There's two trials, there's a significant amount of work."

But FOX Chicago News learned that since then, that first key step toward an appeal - getting the 16,000 pages of transcripts - has not yet been accomplished.

"They have to file briefs. The briefs have to be based on alleged errors that occurred in the course of the trial," Kent College of Law professor Richard Kling said. "Those errors, if they occurred, are reflected in the transcript."

The 7th Circuit Court of Appeals recently warned Kaeseberg that she could face monetary or disciplinary sanctions if she didn't explain why the transcripts weren't done yet.

Kaeseberg responded by producing these emails she had sent to Judge James Zagel's court reporter, asking for the transcripts.

Finally, about two weeks ago, the court reporter filed her own motion asking for more time, saying she had taken a leave of absence for five and half months and has been swamped with work since her return.

She has now promised to have the transcripts done by late September, with any appellate review not likely for months after then.

"They wont' decide what errors occurred based on what lawyers said," Kling said. "They want the real McCoy's, the transcripts, in front of them."

The two attorneys handling the Blagojevich appeal, Lauren Kaeseberg and Leonard Goodman, both declined to comment on the delay.

FOX Chicago did phone and email the court reporter handling the transcripts, she didn't get back to the station. It does sound like she's pretty busy right now.

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