Through his lawyers, Rod Blagojevich contends that former aide John Wyma cut a deal for prosecutors to ignore crimes that he may have committed, in exchange for his help in putting his former boss on tape.
Specifically, the former governor’s lawyers allege that when they applied for a wiretap, prosecutors did not tell the court that an alleged deal was hatched not to investigate certain crimes Wyma may have committed before the Illinois Health Facilities Planning Board, in exchange for his help in putting Blagojevich on tape.
Blagojevich’s attorneys cite new information that former Blagojevich fundraiser Tony Rezko offered during his own limited cooperation with prosecutors, that Wyma was allegedly involved in wrongdoing involving the planning board.
They argue that while he was summoned to appear before a federal grand jury about alleged bribes paid in connection with an application filed by Provena Hospital, he was never charged or even seriously investigated. The lawyers say it's suspicious that the government deemed Rezko’s allegations unreliable only after it became obvious they needed Wyma in their own investigation of Blagojevich.
“The government maintains that the Rezko accusation against Wyma was ‘not substantiated,'” the lawyers wrote in their filing. “However, it appears that the government did not conduct an extensive investigation to determine if Wyma engaged in illegal conduct.”
“The government never made this acknowledgement about Wyma to the issuing magistrate or to this Court at trial. If it did, certainly the Court would have allowed cross-examination of Wyma, as to whether he became an informant in exchange for a government benefit.”
The lawyers further argue that “failure to disclose Wyma’s agreement was a reckless disregard for the truth.”
Judge Zagel has set a hearing on the matter for Friday.
Blagojevich is set to be sentenced next week.