A defendant in the upcoming federal prosecution of former Illinois House Speaker Michael Madigan wants his own trial separate from Madigan.
Defendant Michael McClain, a former state lawmaker and ComEd lobbyist known for his close association with Madigan, has filed a request to sever his trial from Madigan’s because Madigan’s defense team plans to blame McClain for any wrongdoing.
“McClain respectfully seeks severance of his case from Co-Defendant Michael Madigan because a joint trial will result in such prejudice to Mr. McClain that his fundamental due process right to a fair trial will be denied,” defense attorneys wrote in a motion before Judge John Blakey.
In an 11-page motion, McClain’s defense attorney, Patrick Cotter, alluded to Madigan’s plans, but those parts of the motion were redacted from public view. Regardless, Cotter said they can’t stand together.
“The Madigan Second Prosecutors’ defense theory logically precludes and excludes Mr. McClain’s theory of defense, making it necessary for the jury to reject one or the other to find either Defendant not guilty,” Cotter wrote in the motion. “Because of this situation, there is a serious danger, if not an inevitability, that the jury will decide the case by choosing which of the two defense theories they believe to be stronger, instead of deciding whether the Government has proven its case beyond a reasonable doubt. Mr. McClain is seriously prejudiced by exposure to this inevitable violation of his due process rights. This danger can and should be avoided by allowing Mr. McClain a separate trial.”
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 as part of a federal indictment. Madigan has pleaded not guilty.
Madigan was initially charged along with convicted former lawmaker and lobbyist Michael McClain in March 2022 with 22 counts of racketeering and bribery for his alleged improper dealings with the state’s largest utility, ComEd. Prosecutors further alleged that he 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.
