Even with recordings, prosecutors bear burden of proof in Madigan’s corruption trial

(The Center Square) – According to a former federal prosecutor who has tried a high-profile corruption case in Illinois, U.S. government attorneys face particular challenges at the bribery and racketeering trial of former Illinois House Speaker Michael Madigan.

Along with former U.S. Attorney Zach Fardon, Patrick Collins led the prosecution team in the corruption trial and conviction of former Illinois Gov. George Ryan.

In 2006, Ryan was sentenced to 6.5 years in prison after he was convicted of multiple charges related to a license-for-bribes scandal. Ryan served more than five years behind bars and another seven months of home confinement. He was released in 2013.

Madigan and codefendant Michael McClain are charged with 23 counts of bribery, racketeering and official misconduct in a nearly decade-long scheme federal prosecutors called “Madigan Enterprise.” The government alleges that Madigan and McClain used Madigan’s public office to secure little- to do-nothing jobs for their associates by advancing legislation favorable to utility Commonwealth Edison. The trial is underway in Chicago.

Collins said it is not surprising that Madigan’s attorneys have told the jury that the burden of proof in the case is on U.S. prosecutors.

“Every case is different, but the government has a high burden. The defense lawyers repeatedly remind the jury, as they should, that it is the government’s burden,” Collins told The Center Square.

Prosecutors have indicated that they plan to introduce about 200 recordings as evidence.

“There are a lot of wiretapped conversations that will be introduced to the jury, however, there are precious few that have Speaker Madigan’s voice,” Collins said.

Collins is now a partner at the law firm, King & Spalding, with a focus on special matters and government investigation.

Prosecution witness and former Madigan aide Will Cousineau finished testifying at the Madigan trial Monday morning. Cousineau first took the witness stand last Tuesday afternoon and also offered testimony on Wednesday and Thursday.

Government attorneys played recorded calls Monday showing how those around Madigan’s ousted staffer Kevin Quinn tried to help him financially.

Quinn worked for Madigan’s office before he was booted in early 2018 over allegations he sexually harassed another worker. Kevin Quinn is the brother of Chicago’s 13th Ward Alderman, Marty Quinn.

McClain, reached out to a number of people close to Madigan and Kevin Quinn to try to provide him with a contract that would pay Quinn up to $6,000 a month through the law office of former state lawmaker John Bradley. The goal was to provide Kevin Quinn with money for living expenses after he was fired for sexual harassment. The jury in the case was not told why Kevin Quinn was pushed out.

When McClain approached Madigan about the idea – paying a longtime campaign worker who was just fired for sexual harassment – Madigan did not express interest in getting involved.

“I think I oughta stay out of it,” Madigan said in a wiretapped phone call played for the jury on Monday.

Last Thursday, prosecutors played a recording from June 6, 2018, in which McClain talked with Cousineau about hiring a public-relations firm after Madigan’s chief of staff, Tim Mapes, was accused of sexual harassment.

“I just think we’ve gotta get somebody in here who’s playing hard ball,” McClain said during the phone call.

“Yeah,” Cousineau replied.

“I mean not that we’re not, but, but you’re doing nine other things. This guy would just be focused on saving the Speaker,” McClain said.

“Yeah, I agree. I totally agree with you,” Cousineau said.

Madigan spent 50 years in the Illinois House and 23 years as chairman of the Democratic Party of Illinois. McClain worked as a lobbyist after previously serving as an Illinois state representative.

The trial is scheduled to resume at 11 a.m. Tuesday at the Everett McKinley U.S. Courthouse in Chicago. Judge John Robert Blakey called for the late start to give jurors an opportunity to vote on Election Day.

Greg Bishop and Brett Rowland contributed to this story.