The federal judge presiding over former Illinois House Speaker Michael J. Madigan’s corruption trial ruled Wednesday that ex-state Rep. Edward “Eddie” Acevedo will be required to testify in the case, despite concerns about his mental competency.
Acevedo appeared in court again Wednesday with a walker, and U.S. District Judge John Blakey called him to the front of the courtroom while he made his ruling. Blakey said there is a difference between “credibility” and “competency.” He also explained to Acevedo that “if you give truthful answers to questions in this proceeding, they cannot be used against you directly or indirectly.”
He told Acevedo that he would likely testify Monday, and he asked the former legislator if he understood.
“Yes sir,” Acevedo said.
Before the judge handed down his ruling, attorneys argued at length about Acevedo’s competency and the likelihood of an outburst on the witness stand. Defense attorneys said they saw no warning sign of such behavior during a meeting with Acevedo on Tuesday, and they no longer believed there was a need to safeguard his testimony through a video deposition.
The judge had suggested the video, which could be edited and then shown to jurors, for fear of “contemptuous conduct” by Acevedo on the witness stand.
Assistant U.S. Attorney Amarjeet Bhachu warned on Wednesday that Acevedo made unsolicited comments about Madigan during his previous testimony before a grand jury. But Madigan attorney Todd Pugh made clear to the judge that Acevedo is the feds’ witness, and they call him to the witness stand “at their own peril” — signaling the risk of a mistrial motion.
Acevedo’s attorney, Gabrielle Sansonetti, insisted that all of Acevedo’s testimony would be tainted by a dementia diagnosis.
“Everybody has an interest in this proceeding and how it goes,” she said. “I have an interest in Mr. Acevedo. That’s my interest. And not putting somebody on the stand to just humiliate them. For what reason?”
The judge previously ruled that Acevedo could not avoid testifying in Madigan’s trial by asserting his Fifth Amendment right against self-incrimination. However, Sansonetti followed up by insisting that Acevedo has dementia and is not competent to testify.
Records from Acevedo’s sentencing in 2022 on a tax evasion charge show that he had been diagnosed with mild cognitive impairment earlier that year.
“Mr. Acevedo initially developed symptoms of short-term memory loss in 2016 but reported worsening following a COVID 19 infection in 2020,” the records stated. “Currently, Mr. Acevedo reports misplacing items, forgetting grandchildrens’ names, conversations and passwords, and difficulty paying his bills. His family and friends have also noticed waxing and waning forgetfulness.”
Blakey met with Acevedo and lawyers from the case in his chambers Tuesday before making his latest ruling.
Acevedo plays a role in two alleged bribery schemes in Madigan’s trial involving ComEd and AT&T Illinois. He has never faced criminal charges for that specific conduct, but he served a six-month sentence for the tax evasion charge in a spinoff prosecution.
Madigan is accused of leading a criminal enterprise designed to enhance his political power and reward his allies. His longtime associate, Michael McClain, is also on trial and accused of acting as an agent of that alleged enterprise.
Prosecutors say that, as part of the conspiracy, Madigan agreed to accept bribes from ComEd in the form of jobs, contracts and money for his allies while legislation crucial to ComEd’s bottom line moved through Springfield. McClain has already been convicted for his role in that scheme.
The feds say Acevedo is one of five Madigan allies who were funneled money from ComEd while doing little or no work for the utility. They say Acevedo received $120,000 in 2017 and 2018, after he left the General Assembly, as part of the scheme.
Prosecutors also say Madigan was bribed similarly by AT&T Illinois in 2017, as it sought to pass its own bill in the Legislature, by paying Acevedo $22,500. Jurors began hearing evidence related to those allegations on Tuesday.
Jurors have been told that Acevedo was important to Madigan because he was a leader in the Latino community, and that population had begun to grow in Madigan’s 22nd District. Acevedo co-chaired the General Assembly’s Latino Caucus.
A former Chicago police officer, Acevedo represented the 2nd District from 1997 until 2017, before an unsuccessful campaign for Cook County sheriff in 2018. He pleaded guilty to tax evasion in 2021.