Jurors in the Rod Blagojevich got a day off Wednesday as prosecutors and defense lawyers gathered in court to argue about which unused undercover tapes the former governor and his brother may be able to use when they begin presenting their defense on Monday.
The tapes can only be used with the defendants on the stand, and defense lawyer Sheldon Sorosky said he could think of "no scenario" where Rod Blagojevich would not testify.
But the day was not an overwhelming success for Blagojevich, as Judge James Zagel only agreed to allow the former governor's lawyers to play a few of the 20 they requested.
Robert Blagojevich will be permitted to use four, as well as an unplayed portion of a fifth tape which was played during the government's case.
The defense lawyers contend the tapes will help explain the actions of the former governor and his brother in a different light than was indicated when prosecutors played dozens of recordings over the last month.
Zagel will consider more of the former governor's tape requests tomorrow, at which time he said he also wants lawyers to reveal who they intend to call, when the Blagojevich defense begins on Monday.