Madigan jurors hear star witness helped feds file criminal charges against ComEd officials

Jury hears corruption case against former Illinois House Speaker Michael J. Madigan On Thursday, despite objections from defense attorneys, criminal charges were filed against ComEd and three individuals with close ties to the utility.

Federal prosecutors requested permission Thursday to ask former ComEd executive Fidel Marquez about the extent of his cooperation with the FBI. As a result they did this cross-examination on Wednesday by Madigan’s lawyers and longtime ally Michael McClain.

Madigan’s attorney, Daniel Collins, argued Thursday that Marquez was subjected to “light” cross-examination. But Assistant U.S. Attorney Amarjeet Bhachu disagreed, saying the defense attorneys’ questioning amounted to a “wholesale attack” on Marquez’s credibility.

U.S. District Judge John Blakey sided with prosecutors. He said the defense attorneys’ questioning was “nothing more than a mild cross-examination.”

When Marquez took the witness stand for a sixth day of testimony Thursday, jurors quickly learned that his cooperation with the feds led to criminal charges against former ComEd CEO Anne Pramaggiore, former ComEd lobbyist John Hooker, onetime Country Club President Jay Doherty and former ComEd. ComEd itself.

They learned that Marquez had testified against the three men and was prepared to help prosecute ComEd.

Marquez did all this for the feds, hoping to escape prison. He pleaded guilty in 2020 to a bribery conspiracy. Testimony in Madigan’s case ended late Thursday.

Still, Blakey decided that jurors would not hear how these cases turned out. Pramaggiore, Hooker and Doherty were convicted along with McClain after a separate trial last year. It concerns an alleged bribery scheme at ComEd targeting Madigan.

ComEd struck a separate deal with prosecutors, agreeing to assist in their investigation and eventually saw the bribery charges against it dismissed.

While jurors may not have those details, they will now be aware, as they consider Madigan’s case, that criminal charges have been filed against several other people about whom they have information. Defense lawyers hoped to prevent this.

Before the trial, defense attorneys formally moved to prevent the jury from hearing about the settlement reached by ComEd, the convictions in the ComEd bribery case, or references to similar cases in Chicago.

None of this was presented to the jury, but attorneys expressed concern that “the jury may be led to believe that the other criminal defendants (Madigan and McClain) are more likely to be guilty of the charges against them.”

The minutes also show that prosecutors said they would not reveal such facts, but warned that they “could be relevant.” If the defendants open the door during cross-examination of (former Ald. Danny) Solis or other witnesses such as (Fidel) Marquez.”

Solis also had the FBI wired to avoid jail, and prosecutors say he could take the stand as early as next week.

Madigan and McClain are on trial for racketeering conspiracy. Madigan is accused of leading a criminal enterprise designed to increase his political power and enrich his allies, with McClain acting as his agent.

An important part of the case is the ComEd bribery conspiracy allegation. Prosecutors say five of Madigan’s allies were paid $1.3 million over eight years by ComEd as subcontractors to favor Madigan’s legislative agenda.

Breen mentioned during cross-examination Wednesday that Marquez taped “four of your friends” (McClain, Pramaggiore, Hooker and Doherty).

But Bhachu asked Marquez on Thursday: “Who involved you in the subcontracting agreement?” Marquez said it was Pramaggiore and McClain.

“Were the people described as ‘your friends’ the people who included you in the subcontracting agreement?” Bhachu asked.

“Yes,” Marquez replied.