7th day of deliberations wrap without a verdict in Madigan corruption trial

CHICAGO — Jurors in the federal corruption trial of former Illinois House Speaker Michael Madigan and longtime political confidant Michael McClain left Thursday for the seventh day without a verdict.

The last note from jurors was on Tuesday and was related to scheduling. Aside from one substantive question earlier in deliberations, notes from the jury have been related to needing supplies, including more pens, white out, and highlighters, and scheduling.

Despite silence for the last two days, former federal prosecutor and ex-Illinois Republican Party Chairman Pat Brady said, given the complexity of the case, amount of evidence and testimony, he is not surprised there hasn’t yet been a verdict.

“Trying to analyze what the jury is thinking without talking to them is a dangerous game,” said Brady. “However, the signs are good that they’re getting along. In this case, you have a couple conspiracy counts; extortion, bribery, it’s a very complex structure of laws.”

Madigan, 82, is accused of using his influence to run his political operation like a criminal enterprise, with the goal of preserving and gaining power and wealth for himself and his allies, in exchange for official actions. McClain, 77, is accused of helping Madigan carry those out.

“They [jurors] have to apply 10 weeks of fact presentation, wiretaps, two defendants, so it’s a very complex case and I think jurors try to do the right thing, so they’re probably, I’m guessing, trying to be very deliberate and going through the jury instructions, going through the documents, and making sure they’re doing their job,” said Brady.

Ahead of jury deliberations, the group of eight women and four men were given over 100 pages of jury instructions they must use to guide them when working to reach a verdict.

“Conspiracy is one of the most complicated areas of criminal law that you can present a case on. Typically, the jury instructions are fairly long, so that’s not unusual,” said Brady.

The trial has given a front row seat for people to get a glimpse of the way the longest serving speaker of a statehouse in U.S. history allegedly carried out his affairs behind the scenes. The man nicknamed ‘The Velvet Hammer’ operated quietly, avoided the press, and didn’t have a personal cell phone or email.

“I think this had a real big impact on the state and the history of Mike Madigan,” said Brady.

It was secretly recorded video and audio from star government witness, former 25th Ward Alderman Danny Solis, which became a staple of the government’s case against both defendants.

“What the prosecution did with this case was really accurately lay out how Springfield work for a long time under Mike Madigan,” said Brady. “When I started going down there, the whole Madigan structure kind of blew my mind, that this is how our legislature works; it’s controlled by one guy that people are afraid of. I mean, he was the boss, and his word was it.”

For more than 40 hours, jurors have combed through months of testimony, more than 150 secret calls, videos, and arguments from all sides. They’re tasked with also weighing testimony from the ex-Speaker, who took the stand in his own defense. 

“I always believed that when the defendant ended up testifying in these public corruption cases that that meant they didn’t think they proved their case up in the government’s case, which is typically what they try to do,” he said. “Maybe it paid off for him, maybe not, but it is a very risky strategy.”

Jurors were instructed to consider a statement Madigan made that may be inconsistent with one he’s given in the past. 

“It hasn’t worked in the last couple years in this building and I think in this case, they caught Madigan up in a couple lies, and they only need to catch you up in one lie for your credibility to be blown,” said Brady.

On the stand, Madigan attempted to distance himself from McClain, but prosecutors scoffed at that and laid out evidence they said proved the two were a lot closer than Madigan was leading on. 

Prosecutors also allege that ComEd and AT&T Illinois arranged no-work or little work contractor jobs with Madigan allies in exchange for the speaker’s support on key legislation.

After Madigan denied knowing ComEd subcontractors had no-show jobs, prosecutors got the green light to play a once-inadmissible wiretapped call between the Speaker and his former right-hand man. Judge John Robert Blakey reversed that decision and allowed the call to be played after prosecutors argued his testimony provided an opening for it.

“Some of these guys have made out like bandits,” Madigan told McClain in a wiretapped call played for jurors.

Now, both defendants await their fate following a trial that covered five alleged schemes and crimes that span nearly a decade.

Brady said it may not be the biggest case when it comes to public corruption in the state, but he believes it is the most significant.

“It’s probably the most significant just because of who the defendant is. Mike Madigan is the last of the political bosses in the country and he controlled this state for 40 years with an iron fist,” said Brady.

Madigan faces a total of 23 counts, all which carry a maximum penalty each of between 5 and 20 years in prison if convicted. McClain faces six charges, all which carry a maximum penalty each between 5 and 20 years in prison if convicted.

Legal experts said, if Madigan is found guilty, it is likely his age would be a factor when it comes to any potential sentence handed down.

Both deny any wrongdoing. Deliberations resume Friday.