Federal jurors have heard two months of evidence that prosecutors say proves former Illinois House Speaker Michael J. Madigan guilty of “corruption at the highest levels of state government.”
But in their final hours before a long holiday break Thursday, that same jury listened to a man who served as Madigan’s chief legal counsel before going on to become an appellate justice and a successful novelist — and who sang the praises of the Southwest Side Democrat.
Illinois Appellate Justice David Ellis testified that Madigan followed and trusted his advice as a lawyer, “didn’t want a bunch of ‘Yes Men,’” and looked out for Illinois consumers down in Springfield. He was also asked if Madigan ever told him to go easy on ComEd in 2011.
Cautioning that his memory wasn’t perfect, he told the jury if Madigan “ever said something like that to me — to go easy on somebody’s bill we were reviewing — I think I would have fallen out of my chair.”
ComEd pushed for passage of a bill that was crucial to its bottom line in 2011, but prosecutors say it did so while corruptly rewarding Madigan allies with jobs and contracts.
Madigan’s lawyers summoned Ellis and others to the witness stand Thursday as they finally began their own case in Madigan’s racketeering conspiracy trial. Ellis offered a particularly stark contrast to former state Rep. Edward “Eddie” Acevedo, a Madigan ally who testified this week in a testy exchange with prosecutors and has gone to prison for tax evasion.
Ellis instead appeared polished and poised, and he testified about working for Madigan to protect state consumers, particularly from utilities like ComEd.
Describing his work as counsel in the Speaker’s office, Ellis told jurors that “I’m not going to trust ComEd to write legislation that isn’t anything but in their best interest.”
Madigan is accused of leading a criminal enterprise designed to enhance his political power and his financial well-being, and to reward his allies. His longtime ally Michael McClain is also on trial, accused of acting as Madigan’s agent.
U.S. District Judge John Blakey sent jurors home Thursday until Jan. 2, giving them their longest break since the trial began. Lawyers are expected to return to his courtroom Dec. 30 to discuss jury instructions.
Before they left, they signaled closing arguments could begin the week of Jan. 6.
Jurors also heard Thursday from Madigan’s longtime assistant, April Burgos, who testified Madigan is one of the “most nicest, genuine people I’ve ever met in my life.” She said it was her job to serve constituents in the 13th Ward — Madigan’s power base — even if they bad-mouthed Madigan.
“I would still help them and I knew it was my job to help them no matter what,” Burgos testified. “That was instilled in me there.”
Madigan’s lawyers began their case by summoning Andrew Cretal, a developer involved in the Union West apartment project that wound up in the middle of an alleged scheme between Madigan and then-Ald. Danny Solis (25th).
Solis was working undercover for the FBI at the time, hoping to avoid prison for his own alleged wrongdoing.
Madigan attorney Dan Collins asked Cretal whether he ever felt “threatened, fearful or intimidated” into hiring Madigan’s law firm.
“I did not,” Cretal said.
But Cretal seemed to contradict himself during cross-examination by Assistant U.S. Attorney Sarah Streicker. He admitted he was “apprehensive” and “nervous” about his meeting with Madigan.
Streicker also asked whether he “feared” his development wouldn’t win approval at City Hall, where Solis was the powerful zoning chair, if he didn’t hire Madigan’s law firm.
“That was a concern of mine. Yes,” Cretal said.
McClain’s lawyers rested their own case Thursday — and McClain confirmed he would not testify. The only witness called by McClain’s lawyers was retired AT&T Illinois lobbyist Stephen Selcke. He began his testimony Wednesday, and it resumed Thursday.
Prosecutors revealed during their cross-examination of Selcke that AT&T officials had discussed budgeting $60,000 for jobs for people recommended to them by McClain, who they saw as Madigan’s emissary.
They allegedly referred to the potential line-item as referrals from “our friend from Quincy,” a reference to McClain’s hometown.
The comments were made after McClain pressed for renewed contracts at AT&T for the Acevedo family firm Apex Strategy and former state Sen. Annazette Collins, who is now serving a one-year prison sentence for cheating on her taxes.
Along the way, Selcke made his own comment in a Dec. 13, 2016 email about having “folks crammed back down our throats.”
