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Defendant Michael McClain, a former state lawmaker and ComEd
lobbyist known for his close association with Madigan, has filed
a request to sever his trial from Madigan's because Madigan's
defense team plans to blame McClain for any wrongdoing.
"McClain respectfully seeks severance of his case from
Co-Defendant Michael Madigan because a joint trial will result
in such prejudice to Mr. McClain that his fundamental due
process right to a fair trial will be denied," defense attorneys
wrote in a motion before Judge John Blakey.
In an 11-page motion, McClain's defense attorney, Patrick
Cotter, alluded to Madigan's plans, but those parts of the
motion were redacted from public view. Regardless, Cotter said
they can't stand together.
"The Madigan Second Prosecutors’ defense theory logically
precludes and excludes Mr. McClain’s theory of defense, making
it necessary for the jury to reject one or the other to find
either Defendant not guilty," Cotter wrote in the motion.
"Because of this situation, there is a serious danger, if not an
inevitability, that the jury will decide the case by choosing
which of the two defense theories they believe to be stronger,
instead of deciding whether the Government has proven its case
beyond a reasonable doubt. Mr. McClain is seriously prejudiced
by exposure to this inevitable violation of his due process
rights. This danger can and should be avoided by allowing Mr.
McClain a separate trial."
Madigan served in the Illinois House from 1971 to 2021, as
speaker from 1983 to 1995 and again from 1997 to 2021. That made
him one of the state's most powerful politicians, especially
given his role as head of the Democratic party in the state. He
faces 23 counts of racketeering, bribery, and official
misconduct as part of a federal indictment. Madigan has pleaded
not guilty.
Madigan was initially charged along with convicted former
lawmaker and lobbyist Michael McClain in March 2022 with 22
counts of racketeering and bribery for his alleged improper
dealings with the state's largest utility, ComEd. Prosecutors
further alleged that he used his political power to unlawfully
steer business to his private law firm, Madigan & Getzendanner.
In October 2022, prosecutors filed a superseding indictment that
charged Madigan and McClain with conspiracy related to an
alleged corruption scheme involving AT&T Illinois.
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