Defense attorneys have begun cross-examining a convicted former ComEd executive at the bribery and racketeering trial of former Illinois House Speaker Michael Madigan and codefendant Michael McClain.
Fidel Marquez took the witness stand on Nov. 5 and finished direct testimony with prosecutors nearly a week later on Tuesday morning, Nov. 12.
Marquez admitted that he was convicted of bribery in 2020 and agreed to wiretap conversations as he cooperated with government investigators.
Marquez said during cross-examination Tuesday that he pleaded guilty to conspiracy in 2020 to make Madigan look favorably upon legislation for ComEd.
McClain defense attorney Patrick Cotter asked Marquez about several pieces of legislation that affected ComEd.
Cotter played a recording of McClain talking with Marquez and then-ComEd CEO Anne Pramaggiore in 2018 about a plan to kill a low-income bill that ComEd opposed. In the recording, McClain suggested including vendors, unions and municipal leaders. Marquez admitted that, during the call, none of the participants asked to include Madigan.
Cotter also asked Marquez about favors and job recommendations. Earlier, Marquez had described requests from McClain that ComEd hire individuals that Madigan wanted the utility to hire.
Marquez testified that ComEd also considered job recommendations from then-Senate Majority Leader John Cullerton, D-Chicago, and then-Illinois State Rep. Jim Durkin, R-Western Springs.
Cotter asked Marquez about ComEd’s hiring of former state Rep. Eddie Acevedo, D-Chicago. Marquez had testified earlier that he and others had expressed concerns about Acevedo. When Cotter pressed him, Marquez repeated that he had concerns about Acevedo’s behavior.
When asked by Cotter, Marquez said that a number of McClain’s referrals and interns did do work for ComEd. Prosecutors have alleged that Madigan and McClain used Madigan’s public office to secure jobs that involved little or no work for their associates by advancing legislation favorable to ComEd.
Prosecutors objected to one question from Cotter, saying it called for a legal opinion from the witness. Judge John Robert Blakey suggested that Cotter might be able to rephrase his question and asked exactly what Cotter was asking. Without the jury present, the judge conducted a conversation with attorneys about the question and considered issues connected with the ComEd Four trial. Madigan defense attorney Dan Collins supported Cotter’s line of questioning and said that Marquez’ answer should be admissible.
Blakey considered issues that came up during the ComEd Four trial and referred to case law brought up by Judge Harry Leinenweber, who presided during that case. Blakey said questions that elicit a legal opinion would be excluded and said he “partially” sustained the objection. Blakey warned attorneys that he would “come down like a rain of fire” if they asked questions he just instructed them not to ask.
Cotter questioned Marquez about lobbying and how lobbyists built relationships. Marquez agreed that doing favors for elected officials was part of lobbying. Cotter introduced ComEd’s budget as evidence and highlighted the utility’s $2 million spending item for lobbying.
Blakey called for an early lunch break after prosecutors again objected to Cotter’s questioning of Marquez with regard to legal opinions. Prosecutors brought up the ComEd code of conduct, which had not been admitted for evidence. Attorneys continued their debate over the issue after the jury left for lunch.
Earlier, prosecutors played more recorded conversations. Government attorneys are expected to introduce an estimated 200 recordings as evidence during the trial. FBI Special Agent Ryan McDonald testified last month that investigators had about 20,000 recordings from McClain’s phone.
In a phone call dated May 23, 2018, McClain talked with the son of then-Speaker Madigan, Andrew Madigan, about a People’s Gas executive who felt pressure to hire someone.
“That’s what happens when you’re in this game. And you never know, maybe someday you can ask for a favor. I mean, that’s how this is. You can’t be offended with that,” McClain said.
In a call from May 31, 2018, Marquez asked McClain about extending a project labor agreement ComEd had with subcontractors favored by Madigan.
“I’d like to extend that, but I’d like to understand what our friend’s wishes are. I don’t want to do it without him giving the nod,” Marquez said on the recording.
“Good move,” McClain answered.
Direct testimony from Marquez concluded Tuesday morning. Prosecutors played recordings of Madigan and McClain asking for ComEd to hire the daughter of former Cook County Assessor Joe Berrios and the son of former U.S. Rep. Bobby Rush. Berrios was a longtime Madigan ally. ComEd offered his daughter Vanessa an interview. In a recording, Madigan explained to McClain that then-Congressman Rush’s son, Jeffrey Rush, had sexual relations with an inmate while he was working for the Illinois Department of Corrections.
Former state Rep. Jeanne Ives, R-Wheaton, said she did not agree with arguments by defense attorneys that Madigan and McClain exchanged legal favors with ComEd but did not engage in bribery.
“Obviously, ComEd thought that they got caught doing bribery, because they settled for $200 million. Would you literally settle for $200 million if you didn’t do anything wrong? Come on. They knew that they got caught playing games, and so they paid up,” Ives told The Center Square.
In 2020, ComEd agreed in a federal deferred prosecution agreement that it tried to bribe people close to Madigan in an influence campaign that lasted nearly a decade. The utility admitted that it sought to influence Madigan by placing his associates into jobs requiring little or no work.
ComEd agreed to pay a $200 million fine and cooperate with the federal investigation in exchange for an agreement that prosecutors drop a bribery charge against the utility.
Madigan and McClain are charged with 23 counts of bribery, racketeering and official misconduct in connection with a scheme federal prosecutors called the “Madigan Enterprise.”
United States of America v. Madigan et al is scheduled to resume Wednesday at the Everett McKinley Dirksen U.S. Courthouse in Chicago.
• Brett Rowland and Kevin Bessler contributed to this story.
