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Another consideration, he said, is that all of Blagojevich’s current lawyers have pushed aside dozens of other cases to represent the former governor.

“We have other clients and other judges screaming at us, saying, ‘Hey, what about our case?” Mr. Sorosky said. Some clients have had to wait in jail.

A lot depends on how prosecutors alter their approach. Many adjustments are likely to be small, addressing what many jurors complained was a complex, hard-to-follow case.

“They have to listen to what jurors are saying,” said Jeff Cramer, a former federal prosecutor. “If they’re saying it’s not clear … prosecutors may need to lay out a clearer road map.”

About half of the 12 jurors in the case have spoken publicly since Tuesday’s verdict, describing cordial but increasingly tense deliberations during which a lone holdout blocked a majority from a unanimous guilty vote on several counts, including Blagojevich’s alleged attempt to benefit from the Senate seat.

Others have declined to comment or have not appeared publicly. Relatives of one juror from Waukegan told reporters several times Wednesday she would not discuss the case. “She’s not going to talk about it,” said her son, Terrence Barrett, who lives near Edwardsville, Ill.

In rethinking strategy for the retrial, prosecutors may make far-reaching changes, such as calling witnesses who, like Mr. Emanuel, were not summoned for the first trial.

Another witness who was not called is convicted political fixer Tony Rezko, who prosecutors say was a key cog in Blagojevich’s alleged schemes. Rezko, a former fundraiser for both Blagojevich and Obama, could be an explosive witness — but one with little credibility. The same is true of Stuart Levine, a one-time Blagojevich fundraiser convicted in the same kickback scheme as Rezko.

In the first trial, the defense did not put on any witnesses, choosing instead to rest its case immediately after prosecutors concluded seven weeks of testimony.

Mr. Sorosky said they may do things differently at a retrial, depending on how prosecutors alter their attack.

“We respond to the offense,” he said, “so you may have a different defense in a different situation.”

If the current defense team stays together, Mr. Sorosky said, it could be ready for another trial in months. New defense attorneys might need more than a year.

A key for prosecutors will be to seat a jury more friendly to their case — or at least one where no one is likely to dig in his or her heels, as one jurors apparently did this week.

That ultimately may be a crap shoot, though, with lawyers on both sides having only a few opportunities to keep potential jurors off the panel.

And if a Blagojevich jury is hung after a second trial?

Story Continues →