Federal prosecutors face challenges in Madigan's corruption trial

[October 08, 2024]  By Brett Rowland | The Center Square

(The Center Square) – After investigating Illinois' former House Speaker Michael Madigan for more than a decade, prosecutors need to convince a jury that he is guilty of a multi-year racketeering and bribery scheme.

Federal prosecutors face at least two new challenges that didn't factor into a string of recent corruption convictions related to the case against Madigan.

Prosecutors have tied together a couple of corruption convictions in northern Illinois in recent years with ties to Madigan. A jury in 2023 convicted four former ComEd lobbyists and leaders of paying out $1.3 million in jobs and contracts to associates of Madigan over nine years to influence the former House speaker. Another jury that same year convicted Madigan's longtime chief of staff of perjury and obstruction of justice for lying to a grand jury investigating Madigan and others.

In a third Madigan-related case, a judge declared a mistrial last month after a jury deadlocked 11-1 on charges alleging former AT&T Illinois leader Paul La Schiazza bribed Madigan.

In the case set against Madigan and co-defendant Michael McClain set to start Tuesday, prosecutors must contend with a key witness who lied under oath and a U.S. Supreme Court ruling that narrowed what constitutes bribery. The witness, Fidel Marquez, was caught lying on a federal form to buy a gun, a blow for prosecutors and a surprise boon for Madigan's defense team.

Marquez, the former ComEd executive who cooperated with federal investigators in the ComEd corruption probe, tried to buy a gun in March in another state. When he filled out the federal form, he answered "no" to the question that asked if he was "under indictment or information in any court for a felony." Marquez also responded "no" to a question on the form that asked if he had been convicted of a felony. Marquez pleaded guilty to a single count of conspiracy to commit bribery in 2020. That felony popped up during the gun purchase process.

Those lies could hurt the prosecution, the judge in the gun case warned.

"The thing that you have is your credibility – that's it," the judge told Marquez during a hearing. "And you have now handed a gift to Madigan's defense attorneys. It is a first-year law student's dream, basically, to do a cross-examination like this."

Marquez served as a crucial witness for federal prosecutors during the ComEd trial. He spent five days on the stand in that case, detailing secret audio and video recordings he made of the defendants in that case.

Former Illinois House Speaker Michael Madigan leaves the Everett M. Dirksen U.S. Courthouse in Chicago on Wednesday, Jan. 3, 2024.
By Brett Rowland | The Center Square

The Supreme Court ruling in Snyder v. U.S. won't derail the charges against Madigan, but could form the basis of a later appeal.

The judge overseeing Madigan's case, John Robert Blakey, has already ruled – over objections from defense teams – that the Supreme Court ruling in the Snyder case won't affect the charges prosecutors brought against Madigan and McClain.

However, the high-court decision has the potential to draw an appeal of any verdict.

Defense attorneys in the ComEd Four case asked for a new trial after the Snyder ruling. The post-trial motions in that case related to the ruling have delayed sentencing for more than a year.

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. Madigan has pleaded not guilty.

In March 2022, Madigan and McClain were charged with 22 counts of racketeering and bribery for alleged improper dealings with the state's largest utility, ComEd.

Prosecutors further allege that Madigan 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.

The state's highest-profile corruption trial in years is set to begin with jury selection at 9:30 a.m. Tuesday, Oct. 8, in Courtroom 1203 at the Everett McKinley Dirksen United States Courthouse in Chicago.