Blagojevich retrial not likely, experts say

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Sam Adam, Jr., led the defense of former IL Gov. Rod Blagojevich. (WLS)

Prosecutors are not expected to retry Rod Blagojevich on the five convictions that were overturned by an appeals court Tuesday, a former prosecutor said.

"They have two choices. They can retry the counts or just go to sentencing. And when you look at the three prosecutors that led this charge: two of them have already left the office . . . the last one just got appointed a state judge the other day. So it's safe to say they're not going to retry those counts," former prosecutor Jeff Cramer said.

Former Blagojevich attorney Sam Adam Jr. agrees.

"It's a victory of sorts. You have to look at it this way: anytime you have counts that are thrown out, especially in the 7th circuit, that's a victory. Are there opportunities here that Judge Zagel can take right now and say, 'You know what, five of those counts are out, I have to resentence him to something less.' Is it highly likely that's going to happen? I don't believe so. It's unfortunate. I'm disappointed in it. But I think what's going to end up happening at the end of the day is the majority of that sentence is going to be reissued to Rod."
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