It’s been a week since Fidel Marquez first took the stand as a star witness in the corruption trial of ex-Illinois House Speaker Michael J. Madigan, but only on Tuesday did defense attorneys finally get their chance to begin chipping away at his testimony.
The former ComEd executive who wore a wire for the FBI has been the only witness Madigan’s jurors have heard from since Nov. 5. Since then, he’s testified about recordings he made of Madigan ally Michael McClain and others, and he told the jury that people got do-nothing jobs at ComEd so Madigan would look favorably toward the utility.
But Tuesday — Marquez’s fourth day on the witness stand — he faced roughly three-and-a-half hours of cross-examination from McClain defense attorney Patrick Cotter. Their last face-off ended with fireworks inside a separate courtroom, during an earlier trial.
Cotter might eventually be headed for a repeat performance. But this time, the defense attorney instead began trying to methodically rehabilitate his client, pointing to McClain’s value as a lobbyist for ComEd and trying to raise doubts about the feds’ case.
Cotter will resume that effort Wednesday, and Madigan’s attorneys will take their turn when Cotter is done.
Madigan and McClain are on trial for an alleged racketeering conspiracy. Madigan, who resigned in 2021, is accused of leading a criminal enterprise designed to enhance his political power and enrich his allies, with McClain acting as his agent.
Michael McClain, left, walks outside the Dirksen Federal Courthouse with his lawyer, Patrick Cotter, last month.
Anthony Vazquez/Sun-Times file
One pillar of the case is an alleged bribery scheme at ComEd. Prosecutors say additional allies of Madigan were paid $1.3 million over eight years to influence Madigan as legislation key to ComEd’s financial success moved through the General Assembly.
McClain has already been convicted for his role in the scheme, along with former ComEd CEO Anne Pramaggiore, ex-ComEd lobbyist John Hooker and onetime City Club President Jay Doherty. Marquez also testified during their trial, which ended in May 2023.
Cotter last cross-examined Marquez during that trial, pressing him dramatically on his decision to wear a wire for the FBI. Marquez pleaded guilty to a bribery conspiracy in 2020, and he is hoping to avoid prison by cooperating with prosecutors.
Early in his latest cross-examination Tuesday, Cotter pushed Marquez on whether the former ComEd executive believed he helped conspire to “trade” or “exchange” jobs for action by Madigan. Marquez repeated his claim that he arranged for Madigan allies to be hired so the speaker “would look favorably” upon ComEd.
“Looking at it favorably, to me, is an action,” Marquez testified.
Prosecutors have gone to great lengths to show constant communication between Madigan and McClain through secret FBI recordings and testimony from various witnesses. But Cotter noted that it was McClain’s job, as a lobbyist, to know what special interests motivated Madigan, as well as the political dynamics at any one time.
“The amount of attention that a lobbyist spends or gives to an elected official is often based on how important that official is, in the political sense?” Cotter asked, making note of Madigan’s vast power over the Legislature at the time.
“That may be a factor,” Marquez said.
Cotter also confirmed with Marquez that, as vice president of external and governmental affairs, Marquez was “ultimately in charge of all the lobbyists” at ComEd. That would theoretically include a group of Madigan allies paid as subcontractors through a ComEd contract with Doherty.
“At any moment in that time, did you ever call up Mr. Doherty and give those subcontractors an assignment — work to do?” Cotter asked.
Marquez said he did not.