SPRINGFIELD - David Ellis joked Tuesday that he was not sure if his publisher in New York would believe the predicament that has plagued Illinois government the past month. | Democrats expect to seat Burris this week | Blagojevich ally Jones urges caution on impeachment

"I'm not sure anyone would believe it if I put it in the book," Ellis said.

The lawyer for the House Democrats has been chosen to present the case against Gov. Rod Blagojevich in a Senate trial expected to begin Jan. 26. The Democrat was the first Illinois governor to be impeached.

Ellis, 41, is a part-time novelist who has written five mystery books. He oversaw the legal work of the state House committee that recommended the move against Blagojevich. The report Ellis helped draft led to a 114-1 vote in favor of impeachment.

"It was an honor to serve on the committee," Ellis said. "It's a solemn honor to have the chance to represent the House before the Senate trial."

Ellis was an attorney in Chicago from 1993-2006 after graduating from Northwestern University School of Law. He has been legal counsel to House Speaker Michael Madigan the past two years.

Ellis has no prior experience in criminal court. However, the Senate trial is not criminal. The 59 Senators will act as the jurors, judging the evidence presented by Ellis and Blagojevich's attorney.

"It will be up to each individual senator to determine if I have made my case," Ellis said. "What level of proof they may need is going to be up to the discretion and conscience of each individual senator."

There are no plans to call senators as witnesses, Ellis said. He added he would continue to seek the release of four audiotapes offered by U.S. Attorney Patrick Fitzgerald that are the subject of legal arguments in U.S. District Court in Chicago.

"It would be helpful to have them, but by no means would it not be the end all, be all," Ellis said.

The trial will be similar to former President Bill Clinton's trial a decade ago, but it will only have a single prosecutor instead of using several House managers to try the case.

Illinois Supreme Court Chief Justice Thomas Fitzgerald will preside over the trial. The Senate has set aside nine days, although the trial could last longer, to hear each side of the case.