Former Illinois House Speaker Michael Madigan decided to testify in his own defense at the Everett McKinley Dirksen U.S. Courthouse in Chicago.
The former Illinois House Speaker entered the witness box Tuesday afternoon after waiving his right to not testify.
Judge John Robert “Jack” Blakey ruled that Madigan would not forfeit his ability to testify or not testify in a separate bench trial based on his decision in the current jury trial. Blakey said the bench trial may be simultaneous but it was not a joint proceeding. In the event of a mistrial in the current jury trial, Madigan could make a different decision in a different proceeding if prosecutors decide to retry the case if jurors cannot reach a unanimous verdict.
Government attorney Amar Bhachu said prosecutors did not agree with Blakey’s ruling, saying he felt that evidence presented during Madigan’s testimony should be admissible in a potential bench trial later.
Government attorney Julia Schwartz argued that once Madigan opted to testify, the testimony could be used in a future proceeding.
Madigan attorney Dan Collins said he agreed with the judge’s analysis on the matter.
Blakey advised Madigan’s attorneys that there was still some “provisional risk” that he could forfeit his right to not testify at a future proceeding.
Madigan and co-defendant Michael McClain are facing 23 federal counts of bribery, racketeering and official misconduct. McClain waived his right to testify last month.
Prosecutors allege that ComEd and AT&T Illinois gave out no-work or little-work jobs and contract work to those loyal to Madigan to get legislation passed that would benefit them in Springfield. Four ComEd executives and lobbyists were convicted last year in a related trial, and ComEd itself agreed to pay $200 million in fines as part of a deferred prosecution agreement with prosecutors.
Madigan served in the Illinois House from 1971 to 2021. He was speaker for all but two years between 1983 and 2021. Madigan also chaired the Democratic Party of Illinois from 1998 to 2021.
Blakey asked attorneys to discuss a revision of the trial’s estimated length after he received a note from a juror. Madigan attorney Dan Collins said the defense anticipated having additional witnesses after the defendant. Collins suggested that closing arguments might start Tuesday, Jan. 21, and conclude that week. Bhachu said the government anticipates calling witnesses during its rebuttal case as well.
