CHICAGO - APRIL 21: Antoin Tony Rezko (R) enters the Dirksen U.S. Federal Courthouse April 21, 2008 in Chicago, Illinois. This is the first time Rezko came back to the courthouse after he was ordered released April 18 by U.S. District Judge Amy St. Eve on more than $8.5 million bail, secured by a long list of properties and $380,000 in checks written by Rezko and his wife. Rezko a real estate developer is on trial for a political corruption charge with ties to presidential candidate Barack Obama when Obama served in the Illinois State Legislature.(Photo by Jeff Haynes/Getty Images)
Lawyers for former Blagojevich fundraiser Tony Rezko argued that he should be granted a new trial today. But a skeptical Judge Amy St. Eve, after hearing the attorneys make their case, set a date for Rezko’s sentencing.
The Rezko lawyers contend his case should be overturned, because of changes in the so-called “honest services” statute, portions of which the U.S. Supreme Court found unconstitutional last year. But prosecutors argued the case survives the change in the law.
“A reasonable jury, properly instructed, would still have found him guilty,” said assistant U.S. Attorney Chris Niewoehner. “There is no injustice here.”
Rezko is serving his time at a county jail in Wisconsin. His lawyer said today that no matter the outcome of his ongoing efforts to obtain a new trial, Rezko remains prepared to testify against Blagojevich at his own retrial in April.
Judge St. Eve set Rezko’s sentencing for October 21.