Madigan attorneys ask for additional jury instruction as deliberations continue

[February 11, 2025]  By Jim Talamonti | The Center Square

(The Center Square) – Defense attorneys have taken exception to an added instruction from the court at the corruption trial of former Illinois House Speaker Michael Madigan and codefendant Michael McClain in Chicago.

Attorneys for both defendants filed a joint request for additional jury instruction on Monday morning, claiming that the first paragraph of the court’s answer last Friday to a question about “things of value” deviated from the Seventh Circuit Pattern Instruction on bona fide compensation.

The defense lawyers asked for an additional instruction, which read, “For the purposes of evaluating a thing of value, the government must prove beyond a reasonable doubt that the defendant knew the salary at issue was not bona fide wages paid in the usual course of business.”

“It is necessary to ensure the jury understands the government’s burden. Without this additional instruction, there is a reasonable probability the jury will shift the burden to the defense,” the request continued.

Judge Edmond Chang responded to the jury’s question last Friday after saying he consulted with presiding Judge John Robert Blakey. Chang wrote that “bona fide salary, wages, and fees paid in the usual course of business do not qualify as a thing of value,” but “salary obtained by bribery is not in the usual course of business and can be considered a valuable thing or something of value.”

Chang subbed for Blakey on Friday, noting that his colleague was “unavoidably absent.”

Blakey returned to Courtroom 1203 Monday morning at the Everett McKinley Dirksen U.S. Courthouse but did not immediately address the request from Madigan's and McClain’s attorneys.

Blakey presided at a pretrial conference for another case, Veritas Administrators, LLC v. Nowak, on Monday afternoon.

One of the attorneys in the courtroom asked the judge how the Madigan deliberations might affect their case.

“I have no idea how long that jury’s going to be out,” Blakey said. The judge added, “We’ll just take a pause,” when the Madigan jury reaches a decision.

Former Illinois House Speaker Michael Madigan and members of his defense team in Chicago entering the federal court building - Jim Talamonti | The Center Square

Prosecutors say ComEd and AT&T Illinois gave out no-work or little-work jobs to Madigan allies in exchange for state legislation to benefit the companies.

In a wiretapped call from Feb. 22, 2019, McClain told then-ComEd executives Anne Pramaggiore and Fidel Marquez about the importance of keeping Madigan’s allies in organized labor happy.

“And then he’s gonna turn to me or Hooker or you and say, ‘before this bill moves you ought to take care of these two matters,’” McClain said, referring to the former speaker.

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 & Getzendanner.

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.

Deliberations are scheduled to resume Tuesday at the Dirksen U.S. Courthouse. The jury received the case on Wednesday, Jan. 29. The case started with jury interviews in early October.