Cross-examination of former ComEd exec expected at Madigan corruption trial

[November 11, 2024]  By Jim Talamonti | The Center Square

(The Center Square) – The bribery and racketeering trial of former Illinois House Speaker and Democratic Party of Illinois Chairman Michael Madigan is set to resume Tuesday after a four-day weekend.

The court was not in session Friday and the federal courthouse in Chicago is closed Monday for Veterans Day.

Former ComEd executive and cooperating witness Fidel Marquez is expected to return to the witness stand after three days of direct testimony last week.

Marquez was convicted of bribery in 2020 and agreed to wiretap conversations as he cooperated with government investigators.

Madigan defense attorney Thomas Breen expressed frustration last week after Marquez spent hours testifying without cross-examination.

Marquez admitted that he once hid money from his wife as they were preparing to divorce. He also admitted to falsely completing an application for a firearm in Arizona earlier this year.

Judge John Robert Blakey told Breen he would get his chance to cross-examine Marquez once direct testimony ends.

Patrick Collins served as assistant U.S. attorney in Chicago for 12 years and deputy chief of the Public Corruption Section for four years. Collins said it’s not ideal for prosecutors to have a witness who has to admit to lying, even if the witness does not affect the outcome of the case.

“I never saw Marquez as a particularly star witness in this trial,” Collins told The Center Square.

Collins prosecuted the corruption case which led to the conviction of former Illinois Gov. George Ryan in 2006.

On Thursday, prosecutor Amar Bhachu introduced a series of emails involving Madigan’s codefendant, former state representative and lobbyist Michael McClain.

Bhachu also played several wiretapped recordings for jurors. In a phone call from June 20, 2018, McClain explained to Marquez how Madigan relied on his former chief of staff Tim Mapes and McClain.

“Madigan would turn to Tim and then sometimes Tim and me and say, ‘I need to get $30,000 into this campaign, but I don’t want any fingerprints on it,” McClain said on the recorded call.

McClain then suggested that Marquez hire Mapes at ComEd.

“You can kind of hide things, right? Like, you can hire him as a consultant to do something, I’m just making this up, to say, help with DPI,” McClain said.

Former Illinois House Speaker Michael Madigan arriving at the federal court building in Chicago on Nov. 4, 2024 - Brett Rowland | The Center Square

“Yeah,” Marquez answered.

Mapes was convicted of lying to federal prosecutors. He was sent to a federal prison in Florida earlier this year to serve a 2.5-year sentence.

Madigan and McClain are charged with 23 counts of bribery, racketeering and official misconduct in connection with a scheme that federal prosecutors dubbed the "Madigan Enterprise." According to the U.S. government, Madigan and McClain used Madigan's public office to secure little- to do-nothing jobs for their associates by advancing legislation favorable to ComEd.

Defense attorneys have argued that Madigan and McClain’s actions were legal favors and did not constitute bribery.

Prosecutors indicated late last month that former Democratic Party staffer Alaina Hampton would begin testimony on Monday, Nov. 4. Hampton was expected to testify about campaign contributions. Defense attorneys expressed concern about Hampton as a witness due to her allegation of sexual harassment against former Madigan staffer Kevin Quinn.

State Rep. Bob Rita, D-Blue Island, testified for 10 minutes on Oct. 24, but has not returned to the witness box. Attorneys have not indicated whether Rita would return.

On Thursday, Blakey asked prosecutors and defense attorneys to revisit their estimates for how long the trial might last. Attorneys revised their estimate from 10 weeks to 11 weeks during jury selection. Blakey said his math suggested that the trial might last 13 weeks, not including jury deliberations.

One of the attorneys asked about Thanksgiving week, and Blakey said the court would be in session Monday through Wednesday, Nov. 25-27. Blakey said the court would not be in session Thursday, Nov. 28 or Friday, Nov. 29.

The trial of Madigan and McClain is being held at the U.S. Everett McKinley Dirksen U.S. Courthouse in downtown Chicago.

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