Madigan corruption trial proceeds with former ComEd exec beginning testimony

[November 06, 2024]  By Jim Talamonti | The Center Square

(The Center Square) – A key witness in the ComEd Four bribery case last year has taken the stand at the corruption trial of former Illinois House Speaker Michael Madigan.

Former ComEd executive Fidel Marquez said he worked for the utility company for about 37 years.

In direct testimony Tuesday, Marquez answered questions about his work and said he led the utility company’s legislative affairs division from 2012 to 2018.

Marquez admitted that he pleaded guilty to bribery charges in 2020 and said that he had cooperated with the government in its corruption investigation.

FBI Special Agent Ryan McDonald testified last month that Marquez agreed to have his cell phone wiretapped for approximately four months in 2019.

Marquez also admitted that he made “a mistake” when he filled out an application to purchase a firearm in Arizona in March of this year and stated on the form that he had not been indicted. Marquez also responded "no" to a question on the form that asked if he had been convicted of a felony.

Former Assistant U.S. Attorney Patrick Collins prosecuted the corruption case that led to the conviction of former Illinois Governor George Ryan in 2006.

“You never want to be putting on a witness who’s going to have to admit that they lied about something important, because you make the analogy if you’re the defense lawyer that you’re going to lie right now to the jury,” Collins told The Center Square.

Marquez testified Tuesday afternoon about ComEd’s senior management, the importance of the company’s relationship with then-Speaker Madigan, and the friendly relationship then-ComEd CEO Anne Pramaggiore had with Madigan.

Madigan and codefendant Michael McClain are on trial for what prosecutors allege was a nearly decade long scheme to personally benefit themselves and their associates by using Madigan's office as Illinois House Speaker to help ComEd with favorable legislation.

On the stand Tuesday, Marquez also discussed several pieces of energy legislation that affected ComEd, including the Energy Infrastructure Modernization Act in 2011 and the Future Energy Jobs Act in 2016.

Late Tuesday afternoon, Marquez discussed a deal lobbyist Jay Doherty had with former 13th Ward Alderman Frank Olivo and precinct captain Ray Nice, which was set up to pay Olivo and Nice about $4,000 per month. Prosecutors introduced evidence showing that payments would go from ComEd to Doherty’s company to Olivo and Nice. Marquez testified that he did not expect Olivo and Nice to do any work for ComEd because they had been hired as a favor to Madigan.

In 2020, federal prosecutors and ComEd reached a deferred prosecution agreement. As part of the agreement, the utility admitted it paid $1.3 million in do-nothing or do-little jobs and contracts to associates of Madigan over nine years to influence the former House speaker. ComEd agreed to pay a $200 million fine.

Former Illinois House Speaker Michael Madigan as he enters into the federal court building in Chicago Tuesday, Nov. 5, 2024 - Jim Talamonti | The Center Square

In a phone call recorded by the FBI on Aug. 8, 2018, and played by the prosecution team on Monday, McClain told Pramaggiore that Madigan was asking people for “big numbers” in campaign donations.

“Just between you and me, he’s already raised $13 million, so he’s sitting on that,” McClain said during the call. “And then during the primary and during last year, he’s literally, I’ll say the word, 'stashed,' OK? He stashed $7 million within his caucus members ... You’re gonna see like Jay Hoffman, $900,000, you know, Bob Rita, $600,000, and you’re gonna say how in the hell do those guys raise that money? They didn’t really."

“He’s masterful,” Pramaggiore said.

“No one’s figured it out, no one’s written a story about it, no one catches it,” McClain said.

Former 13th Ward precinct captain Joe Lullo returned to the witness stand Tuesday morning after beginning his testimony on Monday. Lullo told Madigan defense attorney Thomas Breen in cross examination that Madigan’s ward was one of the most organized in the city. In addition to being Illinois House Speaker and chairman of the Democratic Party of Illinois for years, Madigan also served as 13th Ward committeeman and chairman of the 13th Ward Democratic Organization.

Blakey sustained four objections, including one after a sidebar discussion, by federal prosecutor Amar Bhachu against Madigan defense attorney Thomas Breen’s questioning when Breen asked Lullo about whether twin brothers and fellow 13th Ward precinct workers Ed and Fred Moody were honest.

In testimony during the ComEd Four bribery trial last year, Ed Moody told jurors he was paid through utility contracts with lobbyists for years despite not doing any work. Moody also testified in the ComEd case that his employment was dependent on his volunteer campaign work.

In the ComEd Four trial, the jury convicted McClain, Pramaggiore, and former lobbyists John Hooker and Jay Doherty of conspiracy, bribery, and willfully falsifying records.

Proceedings began two hours late Tuesday to give jurors extra time to vote before reporting to court.

United States of America v. Madigan et al is scheduled to resume Wednesday morning at the Everett McKinley Dirksen U.S. Courthouse in Chicago.

Greg Bishop and Brett Rowland contributed to this story.