Blago attys ask to throw out wiretaps

Former Illinois Gov. Rod Blagojevich and his wife Patti leave the Federal Court building, Thursday, Aug. 12, 2010, in Chicago. (M. Spencer Green)

February 21, 2011 9:17:30 AM PST
Attorneys for former governor Rod Blagojevich have asked a judge to throw out wiretap recordings, claiming they are unfair.

Blagojevich attorneys say the recordings may be incomplete and that there is missing material.

A six-page motion filed overnight says, "There is a pattern of inconsistent recordings, and the federal agents say they are required to only record parts of the conversations which relate to the investigation, so they turn the recordings on and off."

The defense wants hundreds of recordings tossed, including one that may incriminate Blagojevich in an attempt to sell President Barack Obama's former U.S. Senate seat.

Blagojevich faces a retrial on 23 charges of corruption. He was found guilty on one charge last year. A retrial is scheduled for April 20.

There will be no court hearing Monday because the motion was filed electronically and Monday is a federal holiday, so court is closed.