Defense to resume after holiday for Madigan bribery, racketeering trial
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 [December 21, 2024]
By Jim Talamonti | The Center Square
(The Center Square) – Jurors are off until next year at the bribery and
racketeering trial of former Illinois House Speaker Michael Madigan and
codefendant Michael McClain.
The court is in recess until Dec. 30, when Judge John Robert Blakey
scheduled a charge conference for attorneys and parties. Blakey
instructed the jury to return on Jan. 2, 2025.
Madigan’s defense team began calling witnesses and presenting evidence
Thursday at the Everett McKinley Dirksen U.S. Courthouse in Chicago.
Madigan attorney Dan Collins called real estate developer Andrew Cretal
to the witness stand Thursday morning. In 2017, Cretal oversaw the Union
West development project in Chicago’s West Loop.
Cretal testified about a meeting with then-Chicago Alderman Daniel Solis
on June 29, 2017, and discussions about potentially hiring Madigan’s
private law firm, Madigan and Getzendanner, for the development’s
real-estate tax work.
Cretal testified that he did not call Solis to let him know that his
firm had hired Madigan and Getzendanner for the Union West project.
When asked by Collins, Cretal said he never felt fearful, intimidated or
threatened by Getzendanner or Madigan. Cretal said he came to have a
positive impression of the Madigan and Getzendanner law firm in 2017.
Cretal recalled Solis asking him about hiring Madigan’s law firm at a
meeting Solis recorded on June 29, 2017.
“You know, I don’t know anything about his firm. I know he’s the
Speaker,” Cretal told Solis during the meeting.
“We both know, the kind of reputation he has,” Solis said, laughing.
“That’s all I know is he’s the Speaker, and he’s a Democrat,” Cretal
said.
In cross-examination, Cretal told government attorney Sarah Streicker he
was aware that an alderman could decide whether or not a project moved
forward in his ward. Cretal said it was important to have Solis’
support, and that it was highly unlikely the project would have ever
happened without Solis’ support.
Regarding Solis’ request to consider Madigan’s law firm, Cretal said he
had never before had a request from a public official who could provide
services as a vendor for a development project.
Cretal said he was nervous and apprehensive before meeting with Madigan.
Cretal said there was a concern that the Union West project might not
move forward if his firm did not hire Madigan’s firm.
Following Cretal, Madigan defense attorney Lari Dierks called former
Madigan aide April Burgos to testify.
Burgos said she grew up in Chicago’s 13th Ward, which is home to
Madigan’s political organization. Burgos worked in the 13th Ward office
and said Madigan was one of the nicest, most genuine people she had ever
met in her life.
Burgos said she would send and receive emails on Madigan’s behalf. She
said she would help people with constituent services, even if they spoke
badly of the speaker.
In cross-examination, government attorney Amar Bhachu displayed emails
from precinct captain Ray Nice with constituent requests for signs and
rodent control. Burgos said these were typical requests from precinct
captains.
Madigan attorney Todd Pugh then called the speaker’s former chief
counsel David Ellis, who is now an appellate judge for the First
District Court in Illinois. Ellis also testified during the ComEd Four
trial last year, which ended with McClain and three others being
convicted of conspiracy, bribery and falsifying records.
Ellis said he was assistant counsel to the speaker from around
1999-2000, returned as chief counsel from 2006-2007 and again as special
counsel in Chicago from 2012-2014.
Ellis said he came to work for Madigan through his former college and
law school roommate Rob Uhe, who was the speaker’s chief counsel when
Ellis became assistant counsel.
When working for a law firm in Chicago, Ellis said he became involved in
litigation with the Democratic Party of Illinois in the wake of the 2000
presidential election.
When Pugh asked about bill review meetings, Ellis said the speaker asked
a lot of questions, didn’t want “yes men” and wanted to get things
right.
Ellis testified that Madigan basically ran his campaign when he first
ran for judicial office and that McClain donated to his campaign fund.
Ellis said the speaker did not play a role in Ellis’ successful 2024
reelection campaign.
Streicker began cross-examination with Ellis late Thursday afternoon and
asked if the speaker’s office had more leverage in negotiations than
ComEd did, and Ellis said, “True.”
Blakey instructed jurors not to discuss the case during the long break
for Christmas. Once the jury was dismissed, Blakey reminded Ellis not to
discuss his cross-examination and told his fellow judge, “Good to see
you again.”
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Former Illinois House Speaker Michael Madigan with his legal defense
team Thursday, Dec. 19, 2024, entering the federal court building in
Chicago. - Jim Talamonti | The Center Square
Pugh said the parties agreed that Ellis would return on Jan. 6 and that
Madigan’s team would still fill the day on Jan. 2.
Before the court adjourned, McClain confirmed to Blakey that he declined
to testify and that he had discussed the advantages and disadvantages of
testifying with his attorneys.
Madigan is not expected to testify, but the former speaker has not
formally waived his right to do so.
Former AT&T executive Steve Selcke completed his testimony Thursday
morning.
Selcke told government attorney Julia Schwartz the decision to hire
former state Rep. Eddie Acevedo, D-Chicago, was to avoid any negative
implications with legislation which would benefit AT&T. Selcke said he
believed the speaker had the ability to stall the legislation.
Schwartz introduced emails related to AT&T renewing contracts for 2016
with Acevedo’s firm, Apex Strategy LLC, and lobbyist Annazette Collins’
firm, Kourtnie Nicole Corp.
Collins, D-Chicago, was an Illinois state representative from 2001 to
2011 and an Illinois state senator from 2011 to 2013. She was sentenced
in June of this year to one year in prison for underreporting and
failing to file federal income taxes.
When asked if AT&T would have hired Acevedo had it not been for
McClain’s outreach, Selcke said, “I don’t believe that we would have.”
When Selcke was finished, McClain’s defense team rested its case.
Connie Mixon, professor of Political Science and Director of the Urban
Studies Program at Elmhurst University, said a lack of direct evidence
makes it more difficult for prosecutors to prove there were bribes.
“It’s harder to make the case that there was actually a racketeering
enterprise,” Mixon told The Center Square.
Mixon cited more blatant examples in other political corruption cases.
“It’s not, you said, the freezer full of cash or cash underneath a
mattress that was handed specifically to Madigan or his associates,”
Mixon said.
The jury was seated at 10:21 a.m. Thursday, after Judge Blakey discussed
several areas of contention between prosecutors and the defense teams.
Schwartz said the government agreed not to introduce one exhibit but
would instead ask questions related to it. Schwartz said the government
would partially redact another exhibit, but Madigan attorney Todd Pugh
objected, saying it amounted to hearsay. McClain attorney Patrick Cotter
said the exhibit was cumulative in addition to being hearsay.
The judge overruled the hearsay objection and allowed the redacted email
to be introduced.
In another area of dispute, Blakey said he would allow particular
testimony from Union West developer Andrew Cretal, over an objection
from Streicker. Madigan attorney Dan Collins had said that he wanted to
ask Cretal, “Did you feel you were extorted?”
Collins continued to make an argument until Blakey intervened.
“I ruled in your favor, right?” Blakey asked.
“Yes, you did,” Collins answered.
Blakey read a note from a juror which said, for the last year, the juror
had a trip booked to visit New Orleans for the Super Bowl in February of
2025.
In the note, the juror inquired about the judge’s thoughts on an updated
ending for the trial.
Blakey said, “I know the Bears aren’t there.”
The judge then asked attorneys for their thoughts and suggested that the
trip should not be an issue, although he normally does not give an end
date for trials.
Prosecutors and defense attorneys agreed, and Blakey told the jury that
the trial would not affect the planned trip.
Madigan and McClain have pleaded not guilty to 23 counts of bribery,
racketeering and official misconduct in connection with a scheme
prosecutors have referred to as The Madigan Enterprise.
Madigan 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.
McClain was a longtime lobbyist who previously served as a state
representative in Illinois’ 48th district from 1973 to 1982.
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