Judge Chang considers Madigan jury question with Blakey 'unavoidably' absent

[February 08, 2025]  By Jim Talamonti | The Center Square

(The Center Square) – Jurors have reached out to the judge with a legal question at the corruption trial of former Illinois House Speaker Michael Madigan and codefendant Michael McClain.

Late Friday morning, at the Everett McKinley Dirksen U.S. Courthouse in Chicago, the jury sent a note to the court for the first time since Tuesday, Feb. 4. Judge Edmond Chang arrived at the bench shortly after noon and said Judge John Robert Blakey, who had presided throughout the trial, was “unavoidably absent today.”

Chang read a note in which jurors first asked for two hard copies of the stipulations in the case and another A binder and B binder of call transcripts.

Chang said the second question involved “things of value” as described on pages 78 and 96 of Blakey’s instructions to the jury. Chang said jurors wanted to know if a bona fide salary is considered under the law to be “something of value” and if it is considered to be “a valuable thing.”

Chang presented his suggested additional instruction to prosecutors and defense attorneys and said he had conferred with Judge Blakey.

Assistant U.S. Attorney Amar Bhachu prepared a suggested response with a shortened instruction to the jury, but Chang rejected it. Bhachu said the instruction, by confining the description to a salary, would not encompass the fees collected by Madigan’s private law firm.

Madigan attorney Dan Collins said he had objections to both the judge’s further instruction and Bhachu’s suggestion. Collins said the state of Illinois has not defined “valuable thing” to include or not include “bona fide.”

Collins said further instruction would invade the province of the jury. McClain attorney Patrick Cotter joined in Collins’ objection.

Chang said the answer is not to throw the issue to the jury with no guidance when the jury is asking for guidance.

“This is an excellent question, by the way,” Chang said, referring to the jury’s query.

Chang said he would “re-craft” one paragraph and then would try to consult Judge Blakey.

After a recess, Chang said he consulted Blakey through text and said Blakey was “of like mind” that the jury’s question needed to be answered with more than just referring jurors back to the present instructions.

Chang said the legal principles are clear despite the paucity of case law.

Former Illinois House Speaker Michael Madigan entering the federal court building in Chicago, Dec. 9, 2024 - Brett Rowland | The Center Square

The judge read the new instruction, which said, “bona fide salary, wages, fees paid in the usual course do not qualify as a thing of value.”

The second part of the response, however, said, “salary obtained by bribery is not in the usual course of business and can be considered a valuable thing or something of value.”

The judge’s response also reminded the jury to follow the instructions and to consider each count separately.

The note sent Friday was the first from the jury that involved legal instruction. One prior note involved a question about a transcript and the others involved scheduling or supplies.

Madigan has pleaded not guilty to 23 counts of corruption. McClain is charged with six counts and has also pleaded not guilty.

Jurors began deliberating on Wednesday, Jan. 29, in the trial which started with jury selection on Oct. 8, 2024.

Prosecutors allege that ComEd and AT&T Illinois gave out no-work or little-work jobs and contract work to Madigan allies to get legislation passed that would benefit them in Springfield.

In 2023, McClain and three others were convicted in the related ComEd Four trial, and ComEd agreed to pay $200 million in fines as part of a deferred prosecution agreement with prosecutors.

AT&T Illinois agreed to pay $23 million as part of a deferred prosecution agreement in 2022.

Madigan and McClain are also accused of using Madigan’s public office to illegally steer business to his private law firm.

Madigan, D-Chicago, served in the Illinois House from 1971 to 2021 and was speaker for all but two years between 1983 and 2021. He chaired the Democratic Party of Illinois for 23 years. Madigan also led the 13th Ward Democratic Organization and served as 13th Ward committeeman.

McClain, D-Quincy, became a lobbyist after serving in the Illinois House from 1973 to 1982.

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