The Blagojevich jury has gone home for the weekend after five days of deliberations.
Earlier Thursday they sent a note signaling some confusion about the jury instructions concerning wire fraud, the first 10 counts of the indictment.
Specifically, they asked for clarification on this:
"To sustain the charge of wire fraud...the government must prove the following propositions beyond a reasonable doubt:
First, that the defendant knowingly devised or participated in a scheme to defraud the public of its right to the honest services of Rod Blagojevich or John Harris, by demanding, soliciting, seeking, asking for, or agreeing to accept, a bribe in the manner described in the particular count you are considering;
Second, that the defendant did so with the intent to defraud;
Third, that the scheme to defraud involved a materially false and fraudulent pretense, representation, promise, or concealment..."
In particular, they were confused about that third clause.
The judge is sending back another note which states:
"I ask you to take another look at the relevant instruction. After you have done so, if you think it is necessary, I ask you to state which particular words or phrases in the third proposition you believe need clarification."
