"We do not intend to call him," Boender lawyer Robert Sanger said in court of Daley. "We will release him from the subpoena."
Sanger also said he’s unlikely to try to get the testimony of 10 Chicago aldermen who had been subpoenaed.
Prosecutors plan to rest their case again Boender this afternoon -- without calling as a witness former Ald. Isaac Carothers, whom Boender is accused of bribing to win a zoning change for a West Side development.
Carothers has pleaded guilty in the case, is cooperating with prosecutors and has resigned from the City Council.
Sanger said that prosecutors’ decision not to have Carothers testify influenced his decision not to seek the testimony of Daley or the 10 aldermen, who have tried to avoid having to testify.
"The other issues are obviated by the fact that the government isn’t calling Ald. Carothers," Sanger said in court.