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.