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Blagojevich Files Appeal, Says Judge Favored Prosecutors

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Rod Blagojevich

Rod Blagojevich arrives in court on Friday, July 15. He is back in court for failing to file paperwork needed to use his house and Washington condo as bond. (Credit: CBS)

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CHICAGO (CBS) — In a move that was fully expected, deposed Gov. Rod Blagojevich is filing an appeal to overturn his conviction on corruption charges.

In a 158-page motion filed late Monday, Blagojevich claimed his trial was fundamentally unfair. He claimed U.S. District Judge James B. Zagel ruled too often in prosecutors’ favor, and he asked for a new trial.

Attorneys claim the Blagojevich was deprived the “presumption of innocence.”

Blagojevich’s attorneys have also asked permission to speak with jurors. Defense attorneys often interview jurors in a search for fodder that could bolster their case in an appeal.

Blagojevich was convicted last month of 17 of the 20 counts against him at his retrial last month.

The counts for which Blagojevich was convicted included trying to sell the U.S. Senate seat that was vacated by President Barack Obama in 2008. It was his second trial, after the first ended in a hung jury on all but one count.

Earlier this month, Blagojevich filed a motion asking to preserve the questionnaires that potential jurors filled out at the start of jury selection in April, in what is likely a move toward filing an appeal.

Blagojevich’s sentencing date has not been set, but most legal analysts say Zagel will probably sentence him to about 10 years.

(TM and © Copyright 2011 CBS Radio Inc. and its relevant subsidiaries. CBS Radio and EYE Logo TM and Copyright 2011 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed. The Associated Press contributed to this report.)

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