Ex-utility leader charged in Madigan corruption case doesn't want mention of $200 million agreement at trial

[February 16, 2023]  By Brett Rowland | The Center Square

(The Center Square) – Former ComEd CEO Anne Pramaggiore doesn't want a jury to know about how much she was paid, why she left her job, her political campaign contributions, or the $200 million ComEd paid to resolve a federal bribery probe involving former Illinois House Speaker Michael Madigan, among other things.

Prosecutors charged Pramaggiore in November 2020 with bribery conspiracy, bribery and willfully falsifying ComEd books and records. She filed a pre-trial motion to exclude information that she said would be prejudicial and irrelevant.

At the top of her list of things she wants to keep from the jury is the $200 million fine ComEd agreed to pay in July 2020 to resolve a federal criminal investigation into an alleged years-long bribery scheme. As part of a 50-page deferred prosecution agreement with federal prosecutors, the state's largest utility admitted it arranged jobs, subcontracts, and payments for associates of Madigan to get the then-House speaker to help the company with legislation before state lawmakers.

Pramaggiore and her co-defendants – former ComEd lobbyist John Hooker, former ComEd consultant Jay Doherty, and former lobbyist and Madigan confidante Michael McClain – joined in the motion to keep information about the deferred prosecution agreement from the jury.

"Allowing the jury to learn of ComEd’s agreement to pay $200 million would severely prejudice Defendants because jurors may conclude that ComEd thought that its officers committed a very serious crime if they paid a $200 million fine," attorneys for the four wrote in a motion.

Pramaggiore's attorneys also argue that the circumstances of her resignation from ComEd are irrelevant. Pramaggiore resigned as CEO of Exelon Utilities and senior executive vice president of Exelon Corp. on Oct. 15, 2019, less than a week after ComEd and Exelon acknowledged a second subpoena in the federal probe into Illinois state lobbying practices.

"Rather than establishing her guilt or innocence, it has the potential to substantially inflame and prejudice the jury against her by inviting jurors to improperly infer that her resignation and its timing make her culpable of the charges against her," her attorneys wrote in the motion. "Further, juries may fail to comprehend that workplaces do not adjudge criminal fault and lack the procedural protections and standards of proof required in the judicial system."

The former ComEd leader also wants to keep details about her compensation from the jury for several reasons, including public perception of wealth.

"Evidence of Ms. Pramaggiore's compensation and financial circumstances risks infecting jurors' view of the evidence by playing into class bias and triggering unwarranted, negative associations," the attorneys wrote.

Pramaggiore doesn't want a jury to hear about campaign contributions made by ComEd, Exelon and company executives to funds that Madigan controlled.

"Evidence or argument concerning the campaign contributions may confuse the jurors because the jury may conflate these legal activities that are protected by the First Amendment – and not part of the indictment – with the bribery and gratuity allegations that are actually charged," her attorneys wrote.

Pramaggiore also wants to keep out the circumstances of the departures or terminations of a co-defendant's subcontractors, draft introductory remarks written by Keisha Parker about Madigan for Pramaggiore for a 2012 fundraiser, statements made by Fidel Marquez while he was acting as a government informant and a fundraiser for former Chicago Alderman Ed Burke.

Marquez, a former ComEd official, pleaded guilty to bribery charges in September 2020. Marquez is expected to testify that "he participated in a conspiracy to provide benefits to Madigan’s associates with the intent to induce Madigan to take action as Speaker that was favorable to ComEd, including support of ComEd’s efforts to pass legislation beneficial to ComEd," according to court documents.

Prosecutors indicted Burke in a separate corruption case.

Pramaggiore's attorney Scott Lassar didn't immediately respond to an email Wednesday seeking comment on the motion.

Pramaggiore, of Barrington, pleaded not guilty along with the three other co-defendants.

Brett Rowland is an award-winning journalist who has worked as an editor and reporter in newsrooms in Illinois and Wisconsin. He is an investigative reporter for The Center Square.